Sumzoo Terms of Use
The short version
- Sumzoo is a free game for practicing math, provided as it is. It may have bugs, be unavailable, or show wrong information, and it is not a substitute for teaching or professional advice.
- Play fair, choose a kind nickname, and don't try to cheat or break the app.
- We can hide names, remove scores or stop anyone using the leaderboards, and we can change or end Sumzoo at any time.
- Our liability is limited as far as the law allows. Disputes in the US go to individual arbitration, not class actions.
This summary isn't part of the terms. Please read the full terms below.
1. Agreement
These Terms of Use ("Terms") are an agreement between you and ZingUp LLC ("ZingUp", "we", "us") about your use of the Sumzoo app, its leaderboards and related services (together, "Sumzoo"). By downloading, opening or using Sumzoo, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use Sumzoo.
2. Who can use Sumzoo
Sumzoo is suitable for all ages. If you are under 18, or under the age of majority where you live, you may use Sumzoo only with the involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. Parents and guardians are responsible for supervising children's use of devices and apps, including Sumzoo.
3. Your licence to use Sumzoo
We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use Sumzoo for your own non-commercial entertainment and practice, on devices you own or control, in line with these Terms and the rules of the app store you got it from. You may not copy, modify, sell, rent, distribute, decompile, reverse engineer or create works based on Sumzoo, except where the law expressly allows it.
4. Nicknames and conduct
You choose a nickname that other players can see. You agree that your nickname and anything you send us will not:
- be rude, offensive, hateful, sexual, threatening, bullying or otherwise inappropriate;
- pretend to be someone else, ZingUp, or a moderator;
- contain personal information such as a real full name, address, phone number, email address or school;
- advertise anything or infringe anyone's rights.
You also agree not to cheat or try to manipulate leaderboards (for example with bots, scripts, modified apps or by interfering with timing), not to make false reports, and not to attack, overload, probe or interfere with Sumzoo or its servers.
5. Moderation and enforcement
Players can report nicknames. Names reported by several players may be hidden automatically, and we may review reports. We may, at our sole discretion and without notice: refuse, hide, change or block any nickname; remove or reject any score; pause or remove any player from leaderboards; and suspend or end anyone's access to Sumzoo. We are not obliged to monitor content or to act on any report, and automated decisions may sometimes be wrong. We're not responsible for nicknames or other content created by players.
6. Leaderboards, scores and rewards
Leaderboards, rankings, times, streaks, stars, badges and frames are for fun only. They have no monetary value, can't be exchanged or transferred, and do not represent any official assessment of ability. Results depend on factors such as your device, connection and the order questions appear in. We may reset, adjust, correct or delete leaderboards, scores and rewards at any time, including when we find errors or cheating. Progress kept on your device can be lost, for example if you delete the app or change devices.
7. Educational content and accuracy
Sumzoo is a practice game, not a course, curriculum, assessment or a substitute for a teacher, tutor or any professional advice. We work to make questions, answers, timings and results correct, but we don't promise that all content is accurate, complete, suitable for any particular person or level, or free from errors. Questions, answer options, answers marked right or wrong, times, rankings and other information in Sumzoo may occasionally be wrong. Don't rely on Sumzoo for schoolwork, tests, decisions or any purpose where accuracy matters, and check anything important with another source.
8. Availability and changes
Sumzoo needs an internet connection for some features and depends on third-party services, devices and networks we don't control. It may be unavailable, slow, interrupted, or lose data at any time, including during maintenance. We may change, add or remove features, challenges, rules or content, or suspend or discontinue Sumzoo (in whole or in part) at any time, with or without notice, and without liability to you.
9. Updates, ads and paid features
We may release updates, and some may be required to keep using Sumzoo or its online features. Older versions may stop working.
We may add advertising, optional purchases or subscriptions to Sumzoo. Ads may be provided by third parties, and we're not responsible for advertisers' products, services or websites. Any purchases will be handled by Apple or Google under their terms, together with any additional terms we show you at the time of purchase.
10. Feedback
If you send ideas or feedback, you give us a free, worldwide, perpetual and irrevocable right to use them for any purpose without paying you or crediting you.
11. Ownership
Sumzoo, including its design, code, graphics, names, logos and content, belongs to ZingUp or its licensors and is protected by intellectual property laws. These Terms don't give you any ownership rights. Third-party software and fonts included in Sumzoo are used under their own licences.
12. Disclaimer of warranties
To the fullest extent permitted by law, Sumzoo is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from a course of dealing or usage of trade. We do not warrant that Sumzoo will be uninterrupted, timely, secure or error-free; that defects will be corrected; that content, questions, answers, scores, times or rankings will be accurate, complete or reliable; that Sumzoo is free of viruses or other harmful components; or that it will meet your requirements or expectations. You use Sumzoo at your own risk.
13. Limitation of liability
To the fullest extent permitted by law, ZingUp and its members, managers, employees, contractors, agents, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, progress, rankings, rewards, profits, revenue, goodwill or opportunity, or for any damages arising from errors, inaccuracies, interruptions, unavailability, bugs, wrong questions or answers, wrong scores or rankings, moderation decisions, player content, unauthorised access, or your reliance on Sumzoo, however caused and under any theory of liability (contract, tort including negligence, strict liability or otherwise), even if we were told such damages were possible.
To the fullest extent permitted by law, our total liability for all claims relating to Sumzoo or these Terms is limited to the greater of the amount you paid us for Sumzoo in the 12 months before the claim (which for the free app is zero) or US $50.
Some places don't allow certain warranties to be excluded or liability to be limited. In those places, our warranties and liability are limited to the minimum the law allows, and nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud. If you are a consumer, nothing in these Terms affects your statutory rights that cannot be waived.
14. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless ZingUp and its members, managers, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your misuse of Sumzoo, your nickname or other content, your breach of these Terms, or your violation of any law or anyone's rights.
15. Ending these Terms
You can stop using Sumzoo at any time, and use Me → Delete my data to remove your information. We may suspend or end your access at any time, for any reason, including if we believe you have broken these Terms. Sections that by their nature should survive (including 6, 7 and 10 to 18) continue after these Terms end.
16. Disputes, arbitration and class action waiver
Please contact us first: most concerns can be resolved quickly by email. You and ZingUp agree to try to resolve any dispute informally for at least 30 days before starting formal proceedings.
If you live in the United States: any dispute, claim or controversy relating to Sumzoo or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court or seek an injunction for infringement of intellectual property. You and ZingUp each waive the right to a jury trial and to take part in any class, collective or representative action or arbitration. The arbitrator may award relief only on an individual basis. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms. If the class action waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.
Governing law: these Terms are governed by the laws of the State of Washington and applicable US federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules. Subject to the arbitration agreement, the state and federal courts located in Spokane County, Washington have exclusive jurisdiction. If you live outside the US, you may also have the benefit of mandatory consumer protection laws and courts where you live.
17. App store terms
If you downloaded Sumzoo from Apple's App Store: these Terms are between you and ZingUp only, not Apple, and ZingUp, not Apple, is solely responsible for Sumzoo and its content. Apple has no obligation to provide maintenance or support for Sumzoo. If Sumzoo fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price (for the free app, none); to the maximum extent permitted by law, Apple has no other warranty obligation for Sumzoo. ZingUp, not Apple, is responsible for addressing any claims by you or third parties relating to Sumzoo, including product liability claims, claims that Sumzoo fails to meet legal or regulatory requirements, consumer protection, privacy or similar claims, and claims that Sumzoo infringes someone's intellectual property. You confirm that you are not in a country subject to a US government embargo or designated as "terrorist supporting", and that you are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Google Play's terms also apply if you downloaded Sumzoo from Google Play.
18. General
These Terms and the Privacy Policy are the whole agreement between you and us about Sumzoo. If any part is found unenforceable, it will be changed to the minimum extent needed and the rest stays in effect. If we don't enforce a part of these Terms, that's not a waiver. You may not transfer your rights under these Terms; we may transfer ours, for example in a sale of the business. We're not responsible for delays or failures caused by events beyond our reasonable control. We may update these Terms; we'll change the date at the top and, for significant changes, tell you in the app. Continuing to use Sumzoo after a change means you accept the updated Terms.
19. Contact
ZingUp LLC, 522 W Riverside Ave Ste N, Spokane, WA 99201, United States · support@zingup.io