Last updated: April 24, 2023
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
You means the individual accessing or using the Service, or 23 Equations, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
School means a School or other educational establishment which purchases access to the service on behalf of their students and is therefore considered the Data Controller according to UK GDPR.
Individual means a single user who purchases access to the service for their own personal use, via and Application Store, and is not acting on behalf on anyone else.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store) or Microsoft (Microsoft Store) in which the Application has been downloaded.
23 Equations (referred to as either "23 Equations", "We", "Us" or "Our" in this Agreement) refers to 23 Equations (trading name of Nick Whitehurst), 2 Shawbirch Road, Admaston TF5 0AD.
23 Equations App (referred to as, "the App", in this Agreement) refers to the software program provided by 23 Equations, downloaded by You on any electronic device, named 23 Equations, as provided by the various Application Stores and also any portion of the service that is available through the website.
Website refers to 23 Equations, accessible from 23equations.com
Service refers to the App or the Website or both.
Free Service refers to the sections of the App or Website which are accessible without any fee, anonymously and without registration. This includes equations cards, quizzez and questions.
Extra Service refers to the sections of the App or Website applicable to students, which requires a fee to have been paid. The fee can be paid by individuals or collectively by the school. The Extra Service includes additional questions, revision programmes and alternative visualisations of equations.
Your School Service refers to the sections of the App or Website applicable to teachers, which requires a fee to have been paid. The fee is paid by the school. The Your School Service includes features to organise students into group, set tests and monitor results.
Country refers to: United Kingdom
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Fair Usage means to have a reasonable and expected number of students, teachers and tests, in line with the pricing model.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the 23 Equations regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Personal Data means data which could be used to indentify individual and is covered by UK GDPR. In the case of the App, this refers to names and email addresses. Please see Privacy Policy for how these are protected.
Data Controller means a user of the service that, under UK GDPR, has obligations to protect the personal data of individuals associated with their organisation.
Data Processor means 23 Equations.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and 23 Equations. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Service. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
23 Equations is the owner of the all content on the Website and within the App. By making these available to you, we provide you a limited licence to use them in a common way. This license does not permit you to modify, change, damage or copy any of this content.
23 Equations grants to you a non-exclusive licence to use the Free Service of the app. You may use it for your own learning or as a teacher to support the learning of your students.
The Free Service refers to all sections of the app or website which are accessible without login. This includes the equation card deck and units calculator, the quiz view, the question view and the scientific calculator.
The Extra Service refers to all sections of the app or website which are applicable to students and require a login or the existence of an in-app purchase. The Extra Service includes the ability to store and retake their own tests, additional questions, revision programmes and alternative visualisations of equations.
On purchase of an Individual Licence, exclusively available through Application Stores, 23 Equations grants to you a non-exclusive licence to use the Extra Service sections of the app on a perpetual basis, for your own purposes.
Individual purchases are offered exclusively through Application Stores and their terms of service take priority over these terms. 23 Equations has no access to and makes no effort to obtain any Personal Data of the Individual purchaser. A unique identifier, derived from in-app purchase ids, is used to allow the Individual user to retrieve saved tests, download new questions and access revision programmes.
Students who are enrolled in the Your School service by their school are granted, by 23 Equations, a non-exclusive, time-restricted licence to use the Extra Service sections of the app until the contract between the School and 23 Equations is terminated.
Access to the Extra Service is authorised via your Personal Data (email address) provided by the School, acting as Data Controller. The email is using an irreversible, one-way encryption algorithm. Please see the Privacy Policy for more information about how your data is protected and your rights in this regard.
The Your School Service refers to the sections of the app which allow the School to add users (students and teachers), organise them into groups, set tests, monitor their completion and analyse the results. The Your School service is intended to support teacher setting homework and revision practice.
The Your School Service requires a limited use of Personal Data and is therefore governed by Uk GDPR. The School which purchases this service agrees that they are the Data Controller for the Personal Data. Please refer to the Privacy Policy for explanations of how this data is protected. This includes the suggested Data Processor Agreement and the Data Protection Impact Assessment.
23 Equations grant to the School, subject to the clauses contained in these terms, a non-exclusive, time-restricted Licence to use the Your School Service section of the App to administer and organise their students, set tests and view the results. The licence allows the School to store this data to allow students and teachers to share test related data.
For the duration of the Licence, the School may add their students, thereby making the students eligible to access the Extra Service for their own use in addition to testing activities controlled by the School.
The School may purchase access to the Your School Service on the Website (Paypal), on the Application Stores and via an official School Purchase Order.
The School should make reasonable effort to pick a tier (small, medium or large) which reflects the size or their school.
The payment is considered to cover the period before and around one Summer exam series.
Should a school wish to continue to use the service for the following exam series, they will be able purchase access for that series and maintain their existing data structures and student access.
Payment for one exam series does not imply any commitment to purchase further access and no further payments can or will be taken unless initiated by the School.
The purchase of access is considered to be until the end of September following the exam series named in the purchase. At the time of purchase, 23 Equations may grant access to the following exam series at its own discretion. The stated duration is intended to be in tune with the annual school cycle.
To fulfil obligations under UK GDPR, the account will be deleted at this time, unless written instructions otherwise are received from the school. For example, it is may be possible to extend, for a limited time, access for existing students to the Extra Service and their existing test results.
The School may request the termination of access and deletion of all data at any time in their role as Data Controller.
Fair Usage means that the School should have have no concerns adding as many of their students as they wish to the service and set regular test and revision programmes to the extent that would be reasonably expected for a normal Science Curriculum.
The service charges listed on the Website and as in-app purchases are intended for purchase by single schools. Please contact Us for other situations.
Fair Usage is intended to maintain the integrity and sustainability of the service and prevent abuse that might threaten those aims.
Situations considered to be exceeding Fair Usage would included enrolling significantly more students or teachers than would be expected for the size of school or setting an excessive numbers of tests, on an on-going basis. For example, setting a large number of student many tests per day for extended periods.
If Fair Usage is exceeded, efforts will be made to contact the School. If the situation continues, 23 Equations reserves the right to configure the account to prevent adding new students or setting new tests. If the situation cannot be resolved, to maintain the integrity of the service for all users, access to the service may be terminated.
23 Equations reserves the right to delete inappropriate or offensive language that we becomes aware of in any part of the app that we are able to access via decryption. This includes cohort and group names, names of teachers, test titles and the units section of test answers. Of these, only units are accessible to students.
Schools have the ability to suspend access of any user through the App without having to disclose any Private Data.
Notwithstanding any damages that You might incur, the entire liability of 23 Equations and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall 23 Equations or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if 23 Equations or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 23 Equations and its service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, 23 Equations provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither 23 Equations nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of 23 Equations are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Our Service may contain links to third-party web sites or services that are not owned or controlled by 23 Equations.
23 Equations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 23 Equations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the App or Website may also be subject to other local, state, national, or international laws.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting 23 Equations.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: