Terms and Conditions
Version 3.7 · Last updated: October 7, 2026
IMPORTANT NOTICE. IF YOU RESIDE IN THE UNITED STATES, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT (SECTION 20) THAT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT FOR THE EXCEPTIONS STATED THERE. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY WRITING TO
legal@avimath.comWITHIN 30 DAYS AFTER YOUR FIRST ACCEPTANCE OF THESE TERMS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AVIMATH WAIVE THE RIGHT TO A JURY TRIAL (SECTION 21). THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES (SECTION 15) AND A LIMITATION OF LIABILITY (SECTION 16). MANDATORY CONSUMER RIGHTS ARE SET OUT IN SECTION 21.3, WHICH PREVAILS OVER THESE PROVISIONS.
1. Who We Are and to Whom the Service Is Offered
The avimath service (the "Service") is provided by Avimath LLC (the company, referred to as "Avimath," "avimath," "we," or "us"), a limited liability company organized under the laws of the State
of Wyoming (United States), Filing ID 2026-002022776 on file with the Wyoming
Secretary of State. Legal contact: legal@avimath.com. The company's identification
details also appear in the Legal Notice.
"You" means the person who creates an account or uses the Service and, if that person acts on behalf of a company or other entity, also that entity.
The Service is offered to persons in most countries, except those excluded in paragraph 2 of Section 3, and subject to the age and capacity requirements in paragraph 1 of that Section.
2. Acceptance of These Terms
- How you accept. Next to the sign-up button, a notice is displayed with the link to these Terms and Conditions (the "Terms"). By creating your account by clicking that button, you accept these Terms. Purchasing the Premium subscription or using the Service also constitutes your acceptance (for later changes, see Section 19). The Refund Policy forms part of these Terms and describes when you can ask for a payment to be returned: read it before you subscribe, because accepting these Terms includes accepting it, and you can consult it at any time at that link and in the site footer. The Privacy Policy is not a contract that you accept: it is the information we give you about how we process your personal data, and you can also consult it at any time.
- Record of acceptance. We store the date and time of your acceptance, the IP address from which it was made, the version of these Terms and of the documents in force that were shown to you (Refunds, which forms part of these Terms, and Privacy, which is informational), the language in which they were shown to you, a cryptographic fingerprint (hash) of the content of each of those documents at that time, and a cryptographic fingerprint (hash) of your email address, so that we can demonstrate which version you accepted. This record is retained even if you delete your account, for the period stated in the Privacy Policy.
- If you do not agree with these Terms, do not create an account or use the Service.
- If you act on behalf of an entity, you represent that you have sufficient authority to bind it; if you do not have that authority, you are personally liable.
3. Requirements for Using the Service
- Minimum age: 18. To create an account and purchase the Service, you must be at least 18 years old and have the legal capacity to enter into contracts. The Service is not directed to persons under 18. By creating your account you declare that you meet this requirement. If we learn that an account belongs to a person under 18, we will close it; the processing of its data is governed by the Privacy Policy.
- Where the Service may be used. The Service is open to persons in most countries, unless you reside in: (a) a country or region subject to comprehensive United States sanctions under the current list of the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), which as of the date of these Terms comprises Cuba, Iran, North Korea, and the Ukrainian regions of Crimea, Donetsk, and Luhansk, or in a place where our payment processor (Stripe) does not provide service; (b) Colombia; (c) Brazil; or (d) the Province of Quebec (Canada). This is a condition of use: by creating your account you declare that you do not reside in any of those places, and if you do, you may not create an account or use the Service. If we find that you do not meet this condition, we may close the account in accordance with Section 18; refunds are governed by the Refund Policy.
- Sanctions and export controls. The Service may be subject to United States export control and economic sanctions laws. You represent that you are not located in a country or territory subject to a comprehensive United States embargo, that you are not controlled by persons from those places, and that you are not on any United States list of sanctioned or restricted persons (including the OFAC SDN list and the Department of Commerce BIS lists). If you cease to meet this representation, you must stop using the Service. We may deny or restrict access to the extent necessary to comply with those laws, with the effects set out in Section 18.
4. The Service and the Plans
avimath is a web application of technical calculators (mathematics, statistics and structural calculations), with an interface in Spanish and English. Some calculators allow you to work with spreadsheets in XLSX format; that feature is available during the free trial (72 hours or 50 calculations, whichever comes first) and in the Premium plan, subject to the limits in Section 9.
4.1. Plans
| Plan | Price | Calculations | XLSX Files |
|---|---|---|---|
| Free trial | Free of charge, no card, for 72 consecutive calendar hours from email confirmation or until you complete 50 calculations, whichever comes first (Section 5) | The same access as Premium, with a cap of 50 calculations in total during the trial, subject to the fair use provisions of Section 4.2 | Included, on the same terms as Premium (Section 9) |
| Premium | USD 15 per month, plus applicable taxes | No monthly limit, subject to the fair use provisions of Section 4.2 | Open XLSX files in the viewer and save in the cloud up to 3 files of up to 10 MB each (Section 9) |
There is no permanent free plan. The free trial (72 hours or 50 calculations, whichever comes first) is the only thing offered without payment. When the trial ends, the account is blocked until you subscribe to the Premium plan, in accordance with Sections 5 and 8.
4.2. Fair Use and Technical Limits
The Premium plan has no monthly limit on calculations, but it is intended for the
normal use of a single individual. Automated use (programs, scripts, bots, or
scheduled requests) and sharing the account with other persons are not permitted. To
protect the stability of the Service, we apply technical limits on requests per minute
and per hour, which may be applied per account or per IP address; if they are exceeded,
requests are temporarily rejected. If you believe you are being limited in error, write to
support@avimath.com. Those technical
limits are not usage limits of the plan. We may adjust them for security or stability
reasons, with prior notice where the adjustment is not urgent, but never to a level that
prevents the normal, individual use of the plan as advertised; a reduction that does
prevent it is treated as a change to the plan's usage limits and is governed by
paragraph 7 of Section 8. Use that violates this Section 4.2 is handled in
accordance with Sections
14 and
18.
4.3. Changes to the Service
We may add, modify, replace, or withdraw calculators and features only for valid reasons: technical, legal, or security reasons, or improvements that do not reduce the features of your plan. Some calculators, in particular the structural calculators, are released progressively; we do not commit to any availability date. If a change adversely and non-minorly affects your access to or use of the Service (in particular, if it substantially and permanently reduces the features of the paid Premium plan), we will notify you by email at least 30 days in advance (unless a legal obligation, a security vulnerability, or a serious risk to the Service requires applying it sooner, in which case we will notify you as soon as reasonably possible), stating the features and the date of the change and your right to terminate the contract, and you may cancel your subscription free of charge in accordance with Section 8, without prejudice to Section 21.3, which governs termination with a refund of the price where your law recognizes it.
5. 72-Hour Trial Period
- After creating your account, you have a free trial of 72 consecutive calendar hours with the same access as Premium, except for the cap of 50 calculations (item 3), which begins when you confirm your email address using the link we send you. The trial does not begin until you confirm your email address. The period runs without pauses or restarts: it is 72 clock hours from confirmation, not 72 hours of use.
- No card or other payment method is required.
- The trial includes a cap of 50 calculations: each calculation successfully completed in any of the calculators counts as one, and the trial ends when the first of these two conditions is met: 72 hours have elapsed since your email address was confirmed, or you have completed 50 calculations. Requests that are rejected or that produce no result (for example, because of invalid input) do not count. The counter is the running total during the trial and is never reset. While the trial lasts, you will see on screen the hours and calculations you have left. The cap applies only to the trial; the Premium plan has no monthly limit on calculations (Section 4.2).
- The trial ends automatically as soon as the 72-hour period has elapsed or the cap of 50 calculations is reached, whichever comes first. It does not convert into a paid subscription and does not result in any charge. When it ends, the account is blocked: it does not move to any free plan. When you sign in with the correct credentials you will see a notice and a payment button, and you will not be able to use the calculators until you subscribe to the Premium plan. You will still be able to use "Settings", list, download, and delete your files, and delete your account; any files you saved during the trial are subject to Section 9.
- The trial is limited to one use per person and email address, including if you delete your account and register again, for as long as we keep the cryptographic fingerprint of your email address (up to 24 months, per the Privacy Policy). For this purpose, addresses that correspond to the same mailbox (for example, variants with a "+" suffix or, on Gmail, with dots) are treated as the same address. If the trial has already been used or is denied, the account is created without a trial period and is blocked until you subscribe to the Premium plan. We may deny or revoke a trial where there are reasonable indications of abuse, such as duplicate accounts or the use of temporary addresses to obtain several trials, and we will notify you by email.
6. Account and Security
- To register, you must provide a valid email address and a password, and keep your information accurate and up to date.
- The account is personal and non-transferable. You may not share your credentials, assign the account, or use a single account to serve multiple persons.
- You are responsible for maintaining the confidentiality of your credentials and for
all activity carried out through your account. If you detect any unauthorized use,
write to us without delay at
security@avimath.com. - You may delete your account at any time, with the effects described in Section 18.
- Protection against unauthorized access. To protect your account we limit
sign-in attempts: after several failed attempts with the same email without a successful sign-in in between, we apply
increasing waiting times and, if the failed attempts continue, we block sign-in for
24 hours. During that block you cannot sign in, and resetting your password does not
lift it either. After the 24 hours the counter restarts and you can try again. The block applies to the email address
entered, not to a specific person, so it can be triggered by attempts from third
parties. If you need access sooner, write to
support@avimath.comexplaining your case and stating the email of your account; we may ask you to prove that you own the account.
7. Price, Payment, and Taxes
- Price. The Premium plan costs USD 15 per month. The avimath price is set in United States dollars (USD). If the payment is displayed to you in your local currency, that figure is an estimate converted at the payment processor's exchange rate, and the amount charged and refunded in your currency may differ slightly due to exchange rates and bank fees.
- Taxes. Applicable taxes based on your location are added to the price. The total amount, including taxes, is shown to you before you confirm payment.
- Payment processor. Payment is made on the checkout page of our payment
processor, which applies its own terms and its own privacy policy. avimath does not
receive or store your full card number. Purchases may be processed through Sold
through Link, LLC ("Link"), an affiliate of Stripe, Inc., which acts as the merchant
of record for the sale, handles payment collection, calculates, collects and remits
indirect taxes (VAT/sales tax) in the countries where it provides that service, and
sends you receipts, invoices and refund notices. In other countries, taxes and the
invoice may be the responsibility of avimath. The charge on your statement may
appear as "LINK.COM*". avimath remains responsible for the Service; for support with
the payment or the subscription you may write to us at
support@avimath.com. You can view orders and manage the subscription and payment method from "Settings → Subscription" in your avimath account, which opens our payment processor's billing portal, or at link.com. - Failed payments. If a renewal charge is declined, the payment processor may retry it. During the 7 days following the end of the period already paid, you retain Premium access and are shown a notice asking you to update your payment method. If, after that period, the payment remains outstanding, you lose Premium access and the calculators are blocked until the payment is settled (if the charge is recovered later, access is restored), with the effects set forth in paragraph 5 of Section 8.
- Refunds and chargebacks. Refunds are governed by the Refund Policy. If you receive a full refund of a charge, Premium access ends and the subscription is canceled, unless the refund is for a duplicate charge, which does not affect your access or your subscription. A partial refund likewise does not end access or cancel the subscription unless expressly agreed otherwise. If you initiate a chargeback with your bank, we will revoke Premium access and cancel the subscription; access is not automatically restored when the dispute is closed, and you may subscribe again at any time (see the Refund Policy). In both cases, paragraph 5 of Section 8 applies.
8. Automatic Renewal and Cancellation
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Renewal. The Premium subscription is monthly and renews automatically each month until you cancel it. At each renewal, the then-current price, currently USD 15 per month plus applicable taxes, is charged to the payment method on file.
-
Consent. Before you pay, a notice is displayed next to the Service's payment buttons stating that the subscription renews automatically each month at the then-current price until you cancel it. On the checkout page, you must check a required box to expressly consent to automatic renewal; without that consent, the subscription is not completed.
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Confirmation. After you subscribe, we send you a confirmation email with the plan, the price (plus applicable taxes) and currency, the frequency, the date of the next charge, the cancellation terms and how to cancel, a link to the Refund Policy, and our contact details.
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How to stop renewing: cancel. Every subscription renews automatically each month until you cancel it. You may cancel online and at any time, before or after the renewal date, with no charge or other penalty (canceling after the renewal date prevents later charges but does not reverse the charge for that period; see paragraph 6) and without needing to contact support, by clicking "Cancel or manage subscription" in "Settings → Subscription", which opens our payment processor's portal, where you can cancel. When you cancel you will not be charged again and you keep access until the end of the period already paid; when it ends, the account is blocked (paragraph 5). We confirm the cancellation to you by email.
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Effect of cancellation. Cancellation stops all future charges from that moment. Paid access continues until the end of the period already paid; afterwards you lose it. When a paid subscription ends due to cancellation, failed payment, full refund, or chargeback, the account is blocked: there is no free plan to return to. The calculators remain blocked until you pay again: when you sign in with the correct credentials you will see a notice with a payment button, and access is restored as soon as the payment is confirmed (normally within seconds). You will still be able to use "Settings" and, from the blocked-access screen, list, download, and delete your files (Section 9), and you can delete your account (see the warning in paragraph 2 of Section 18).
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Canceling does not, by itself, entitle you to a refund of the period already paid, except in the cases provided for in the Refund Policy or by law (see Section 21.3).
Refunds and withdrawal: how to request them.
- Commercial refund. Refunds are requested only by email to
support@avimath.com, writing from the email address of your account. State in the message your account email, the date and amount of the charge (or the receipt number) and the type of request (14-day guarantee, duplicate charge, or other). We will review your request under the Refund Policy and, if it is approved, we will issue the refund without undue delay and within 14 calendar days at most from your request, to the same payment method. - Refunds are not processed from the website or the app. No screen, button, or menu of the Service grants or executes refunds; canceling the subscription or deleting the account is not a refund request either.
- Statutory right of withdrawal (consumers in the European Union, the European Economic Area, and the United Kingdom). In addition to the above, if you are a consumer in those territories you may exercise withdrawal within the statutory period using the online function on the Withdrawal page, which you reach from "Settings" or from this link (signed in or not), or by email to the same address. It is a right distinct from the commercial guarantee and is governed by Section 21.3.
- Commercial refund. Refunds are requested only by email to
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Changes to price and usage limits. Without prejudice to changes to the Service (Section 4.3) and to the Terms (Section 19), which follow their own rules, the price and the plan's usage limits are the only terms of the subscription contract that we may modify. If we change the price or the usage limits of your plan, we will notify you by email at least 30 days before the renewal date on which the change will first apply. The notice will include the new price or limit (as it will read), a clear explanation of the change, that renewal date (which is the date on which the change takes effect), and how to cancel. The change never applies within a period already paid. If you do not accept it, you may cancel with no charge or other penalty before that renewal. We will change the price or the limits only for objective reasons (infrastructure or supplier costs, taxes, legal changes, or substantial improvements to the Service). The technical request limits in Section 4.2 are not usage limits of the plan. If your law requires your express consent to the change of price or limits, the change applies to you only if you accept it; if you do not, the previous terms continue to govern until the end of the period already paid and, after that, the subscription will end unless you accept the new terms. If your law grants you the right to cancel after the first charge at the new price, you may do so within the period your law provides (at a minimum, 14 calendar days from that charge) by writing to
support@avimath.com, and we will refund the prorated portion of the remaining period (see the Refund Policy). The additional rules in Section 21.3 prevail for those who reside where they apply.
9. Files Saved in the Cloud
- Premium plan (including the free trial). You may open XLSX files in the viewer and save in the cloud up to 3 XLSX files (the only supported format) of up to 10 MB each (10 × 1024 × 1024 bytes), and open, rename, download, and delete them.
- No current trial or Premium. With the account blocked (in the sense of Sections 5 and 8, not the sign-in block in paragraph 6.5), you may not open or save new files, without prejudice to paragraph 3 of this Section for files you had already saved.
- If you are no longer Premium (due to the end of the paid period after a cancellation, end of the trial, failed payment, refund, or chargeback), you will not be able to upload new files or open them in the viewer, but you will still be able to list, download, and delete the files you had already saved, from within the Service.
- Keep your own copies. The Service is not a backup system. Keep your own copies of all files that matter to you. This is without prejudice to paragraph (d) of Section 16.
- Retention. We keep your files for as long as your account exists, except as provided in Section 18 and in the Privacy Policy. What happens to your files when you delete your account is described in Section 18.
10. Engineering Calculations: User Responsibility
AVIMATH IS A CALCULATION TOOL, NOT AN ENGINEERING SERVICE. AVIMATH DOES NOT PRACTICE ENGINEERING, DOES NOT PROVIDE PROFESSIONAL ADVICE, AND DOES NOT ACT AS THE ENGINEER OF RECORD FOR ANY PROJECT.
ALL RESULTS, GRAPHS, AND CALCULATIONS PROVIDED BY THE SERVICE ARE FOR GUIDANCE ONLY. THEY DO NOT REPLACE REVIEW BY A PROFESSIONAL LICENSED IN THE APPLICABLE JURISDICTION OR COMPLIANCE WITH APPLICABLE REGULATIONS AND CODES. BEFORE THEY ARE USED FOR ANY DESIGN, PERMIT, CONSTRUCTION, FABRICATION, OR OTHER PURPOSE THAT MAY AFFECT THE SAFETY OF PERSONS OR PROPERTY, THEY MUST BE INDEPENDENTLY REVIEWED, VERIFIED, AND APPROVED BY SUCH A PROFESSIONAL.
YOU ARE SOLELY RESPONSIBLE FOR: (a) THE ACCURACY, UNITS, AND COMPLETENESS OF THE DATA YOU ENTER; (b) SELECTING THE APPROPRIATE CALCULATION METHOD AND DESIGN STANDARD; (c) CONFIRMING THAT THE EDITION OF THE STANDARD USED BY THE SERVICE IS THE ONE REQUIRED IN YOUR JURISDICTION; (d) APPLYING YOUR PROFESSIONAL JUDGMENT (OR THAT OF THE PROFESSIONAL REVIEWING THEM) TO EACH RESULT; AND (e) THE FINAL DESIGN.
YOU VERIFY THE DATA AND THE RESULTS AND ASSUME ALL RESPONSIBILITY FOR THEIR USE.
This Section applies without prejudice to Section 16(d), Section 21.3, and any mandatory consumer rights under the law of your country.
In addition:
- Independent verification. Before using a result to size, check, build, certify, procure or commission work, or advise third parties, you must verify it by a method other than avimath. If you use the results for a real project, you represent that you have the necessary qualifications or that you will submit them to a professional licensed in the relevant jurisdiction.
- Partial implementations. References to technical standards correspond to partial implementations of certain provisions. We do not warrant complete coverage of any standard, that the implemented edition is current, or its suitability for national annexes, local provisions, or the requirements of a specific project.
- Critical use. The Service is not designed or authorized to be used as the sole or determining source for decisions in which an error could cause death, personal injury, or serious property or environmental damage. Using it that way without independent verification is at your sole risk and may constitute a breach of these Terms.
- No professional advice. No content of the Service constitutes engineering, financial, tax, accounting, legal, or any other type of advice, nor does it create a professional relationship between you and avimath.
11. Technical Standards and Non-Affiliation
The Service's structural calculators apply calculation expressions published in technical design standards (for example, ACI 318 or Eurocode 2, EN 1992-1-1), identified, where indicated, by their edition (see also paragraph 2 of Section 10 on partial implementations and national annexes). avimath is not affiliated with, sponsored, endorsed, certified, or approved by the American Concrete Institute, the European Committee for Standardization (CEN), any other standards organization, or the owners of those standards. Their names and marks belong to their respective owners and are used solely to identify the standard. avimath does not reproduce the verbatim text of the standards or replace it: it is the user's responsibility to obtain, consult, and apply the edition required in the user's jurisdiction.
12. User Content
- Ownership. You retain ownership of the XLSX files you save, the data you enter, and the results obtained from them (the "User Content"). avimath does not claim ownership of it.
- License to provide the Service. You grant us a non-exclusive, royalty-free license to host, store, transmit, process, and display to you, directly or through our hosting providers, your User Content for the sole purpose of providing the Service to you, protecting it, and complying with legal obligations. The license ends when you delete the content or delete your account, except for copies that are deleted within the periods stated in Section 18 and in the Privacy Policy (deleting an individual file is immediate; up to 90 days after the account is closed by you, or 12 months if avimath decides the closure; provider backups until they are overwritten), and anything the law requires us to retain.
- Your representations and warranties. You represent and warrant that you have all the rights, licenses, and authorizations necessary to store and process your User Content in the Service, and that doing so does not violate any law or the rights of third parties (including intellectual property, confidentiality, and data protection rights).
- Data you must not upload. Do not upload health data; government identification numbers (passport, driver's license, Social Security number, or others); financial account credentials or full card numbers; biometric or genetic data; precise geolocation of identifiable individuals; personal data of minors; or data subject to specific laws or industry standards, such as HIPAA, FERPA, GLBA, or the PCI-DSS standard. If your files contain such information, remove or anonymize it before uploading them.
- Removal. We may remove or block User Content in response to an order from a
competent authority, a well-founded complaint from a third party, or a breach of
these Terms. Unless the law or a serious risk prevents it, we will notify you by email
stating the reason, and you may respond to
legal@avimath.com. Copyright claims are governed by the DMCA Policy, including counter-notification. - Responsibility. You are solely responsible for the accuracy, lawfulness, and appropriateness of your User Content, without prejudice to the rights that mandatory consumer law grants you.
- Suggestions. If you send us ideas or suggestions, we may use them freely and without compensation.
13. Intellectual Property
- The Service—including the software, code, algorithms, implementation of formulas and checks, design, text, tutorials, graphics, the "avimath" brand, and its logo—belongs to Avimath LLC or its licensors and is protected by intellectual property laws.
- We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service in accordance with these Terms and your plan. No other right is transferred to you.
- You may freely use, including for professional and commercial purposes, the results obtained from your own data, subject to the warnings in Section 10, provided that you do not breach Section 14 (in particular, bulk extraction) or present the Service as your own.
- Intellectual property claims. Copyright infringement claims are handled in
accordance with the Copyright Policy (DMCA) and the "Copyright Claims (DMCA)" section of the
Legal Notice. For any other intellectual property claim, write
to
legal@avimath.com. We may remove the affected content and, in accordance with the DMCA Policy for copyright matters, close the accounts of those who repeatedly infringe the rights of third parties. - Trademark. No right is granted to you in the "avimath" mark or its logo; you may not use them without our prior written consent. Third-party marks and names belong to their respective owners.
14. Acceptable Use
You must use the Service in accordance with the law and these Terms. In particular, you may not:
- Automated access and bulk extraction: use bots, scripts, or other automated means to access the Service and, in any case, extract, copy, or index in bulk its content, its results, or its interface.
- Resale and shared accounts: resell, sublicense, rent, or assign the Service, share credentials, or make the Service available to third parties without our written authorization.
- Circumventing limits: circumvent or attempt to circumvent the usage limits or the technical limits of Section 4.2, the one-trial limit per person and email address in Section 5, or the restrictions of each plan, for example by creating duplicate accounts or using temporary email addresses.
- Reverse engineering and competition: decompile, disassemble, or attempt to obtain the source code, algorithms, or architecture of the Service, except to the extent the law expressly permits it notwithstanding this prohibition, or systematically use the Service or its results to train artificial intelligence models or create a competing product.
- Security: access or attempt to access other persons' accounts, data, or systems, test for vulnerabilities without our prior written authorization, introduce malicious code, or interfere with the operation of the Service.
- Unlawful content: upload or disseminate content that is illegal, defamatory, or infringes the rights of third parties.
- Impersonation and false attribution: impersonate Avimath LLC or any other person, or state or imply that Avimath LLC has reviewed, validated, certified, or endorsed the user's results, projects, or documents.
To report security vulnerabilities responsibly, write to security@avimath.com.
Violation of this Section may result in limitation of use, suspension, or termination of the account in accordance with Section 18.
15. Disclaimer of Warranties
WITHOUT PREJUDICE TO SECTION 21.3 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CALCULATIONS, RESULTS, DATA, CONTENT, AND SOFTWARE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIMATH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
AVIMATH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CALCULATION OR RESULT WILL BE ACCURATE, COMPLETE, CURRENT, COMPLIANT WITH ANY DESIGN STANDARD OR CODE (OR ANY OF ITS EDITIONS OR ANNEXES), OR SUITABLE FOR ANY PARTICULAR PURPOSE, PROJECT, OR JURISDICTION.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM AVIMATH OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR IN THE REFUND POLICY.
THIS SECTION DOES NOT AFFECT THE STATUTORY GUARANTEES (FOR EXAMPLE, THE GUARANTEE OF CONFORMITY OF THE SERVICE) THAT THE MANDATORY LAW OF YOUR COUNTRY, STATE, PROVINCE, OR TERRITORY OF RESIDENCE GRANTS YOU AS A CONSUMER (SECTION 21.3).
16. Limitation of Liability
WITHOUT PREJUDICE TO SECTION 21.3 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(a) NEITHER AVIMATH NOR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITIES, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY LEGAL THEORY (CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF AVIMATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) AVIMATH'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID TO AVIMATH IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE EARLIEST CLAIM, NET OF AMOUNTS REFUNDED, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
(c) THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES THAT IS PART OF THE PRICE OF THE SERVICE.
(d) NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY, WILLFUL MISCONDUCT, FRAUD, GROSS NEGLIGENCE, OR, TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW IT TO BE EXCLUDED OR LIMITED, FOR LIABILITIES THAT LAW DOES NOT ALLOW TO BE EXCLUDED OR LIMITED; FOR BREACH OF ESSENTIAL OBLIGATIONS OF THE CONTRACT (IN WHICH CASE, FOR ORDINARY NEGLIGENCE, LIABILITY IS LIMITED TO THE REASONABLY FORESEEABLE DAMAGE AT THE TIME OF CONTRACTING); FOR THE NON-CONFORMITY OF THE SERVICE WITH WHAT THE LAW OF YOUR COUNTRY, STATE, PROVINCE, OR TERRITORY GUARANTEES YOU AS A CONSUMER; FOR THE LOSS OF YOUR FILES CAUSED BY AVIMATH THROUGH NEGLIGENCE; OR FOR THE DAMAGES OR REMEDIES THAT YOUR LAW DOES NOT ALLOW TO BE EXCLUDED OR LIMITED.
This Section must be read together with Section 10.
17. Indemnification
Without prejudice to Section 21.3 and to the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless avimath and its members, managers, employees, and contractors from and against any third-party claim, and any resulting loss, damage, or expense (including reasonable attorneys' fees), except to the extent the claim is due to the willful misconduct, fraud, or negligence of avimath, arising from: (i) your breach of these Terms; (ii) your User Content; or (iii) your use of the results of the Service for the purposes described in paragraph 1 of Section 10 without the independent verification required there. If you are a consumer (as defined in Section 21.3), you will indemnify (without a duty to assume the defense) and this Section applies only to claims arising from your breach of these Terms or your infringement of third-party rights, and not to third-party claims relating to your use of the calculation results of the Service.
18. Suspension, Termination, and Account Deletion
- By you. You may cancel the subscription in accordance with
Section 8 or delete your account at any
time from "Settings," using the "Delete my account" option; we will ask for your
current password to confirm it. If you cannot sign in, write to
support@avimath.comto request deletion. - What happens when you delete your account.
- The account is deleted immediately and you will not be able to recover it; this does not affect the data that we must or may retain under the Privacy Policy.
- If you have a paid subscription in progress, it is canceled immediately and without a refund of the remaining period. If, due to a technical failure, it cannot be canceled at that time, we will cancel it as soon as possible. Deleting your account does not, by itself, entitle you to a refund, except as provided in the Refund Policy. If you delete your account you will lose the remainder of the period already paid; we recommend that you cancel the subscription instead of deleting the account if you want to keep using the Service until the end of the period.
- You must download your files BEFORE deleting your account. Afterwards, you will not be able to access them yourself. You may download them at any time before deleting it.
- Files are deleted from our storage within a maximum of 90 days after the account is closed, as explained in the Privacy Policy.
- Data that the law requires us to retain (for example, billing data) is retained for the legally required period, and the acceptance record described in paragraph 2 of Section 2 is retained for the period stated in the Privacy Policy (12 months from the deletion of the account, after which it is deleted automatically, as is your customer record in Stripe), together with the fingerprint of your email address to prevent a second use of the free trial (Section 5).
- By avimath, with notice. We may terminate this agreement or stop providing the Service by notifying you by email at least thirty (30) days in advance. In that case, we will refund the unused portion of the period already paid. During the notice period, you may download your files.
- By avimath, for cause. We may suspend or terminate your access, in whole or in part, if: (i) you materially breach these Terms; (ii) there is a security or fraud risk, or a failure to pay under paragraph 4 of Section 7; (iii) an order from a competent authority requires it; or (iv) your use may cause significant harm to avimath, other users, or third parties. "Material breach" means fraud, prohibited automated use, sharing the account after notice, or a violation of Section 14 that is intentional, repeated, or causes significant harm. In case (i), except in the event of fraud or serious harm to third parties or to the Service, or where the law prevents it, we will notify you by email and give you 5 calendar days from the date we send the email to respond or cure before the closure; if the closure turns out to be unfounded, we will refund the unused portion of the paid period. In the other cases, unless prohibited by law, we will inform you of the measure and the reason for it. If the closure is not due to your material breach (for example, a security risk not attributable to you, an order from a competent authority, or significant harm not attributable to you), we will refund the prorated portion of the paid period that you have not been able to use. If the closure is due to your material breach, and to the fullest extent permitted by law, the affected period will not be refunded, except as provided in the Refund Policy and, where the material breach is not fraud, the prorated portion of the paid period after the closure to the extent that applicable law so requires. In any event, if we suspend or close your account due to a material breach of these Terms, the 14-day guarantee in the Refund Policy does not apply, without prejudice to the non-waivable rights referred to in Section 21.3. Closure for failure to pay does not give rise to a refund, because there is no paid period left unused. Revocation of access due to a chargeback or a full refund is governed by paragraph 5 of Section 7.
- Effects of termination. Upon termination of this agreement, your right to use
the Service ends. If avimath closes or suspends your account under paragraphs 3 or 4,
we will keep the account and its files for 12 months from the closure and then
automatically delete them, together with the residual data described in the
Privacy Policy (acceptance record, logs of account changes, and
Stripe customer record), unless the law requires otherwise and without prejudice to
the refunds provided for in paragraphs 3 and 4. During those 12 months, and provided
that the law or an order of a competent authority does not prevent it, you may
request delivery of your files by writing to
support@avimath.com. - Survival. The following survive termination: Sections 10 (engineering calculations), 11 (technical standards and non-affiliation), 12 (user content, except the license in Section 12.2, which terminates as provided therein), 13 (intellectual property, except the license to use in Section 13.2), 15 (disclaimer of warranties), 16 (limitation of liability), 17 (indemnification), 20 (dispute resolution), 21 (governing law, jurisdiction, and jury trial waiver), and 22 (general provisions), paragraphs 2, 5, and 6 of this Section, refund obligations under paragraphs 3 and 4 and the Refund Policy, file delivery under paragraph 5, and any outstanding payment obligation.
19. Changes to These Terms
- We may modify these Terms only for: (a) a change in law or a requirement of an authority; (b) security or technical compatibility reasons; (c) improvements to the Service that do not reduce the features of your plan; or (d) the correction of errors or omissions. Material changes (those that reduce your rights, increase your obligations, or change the governing law, the forum, or the arbitration) will be communicated to you by email and, if you do not have a paid subscription, also through a prominent notice in the Service, at least thirty (30) days before they take effect, indicating the date on which they take effect, which is always later than the date the change is published. Minor changes (for example, corrections of typographical errors or clarifications that do not reduce your rights) or changes that are favorable to you may apply immediately.
- The notice will state that, if you continue to use the Service after the effective date, you will be deemed to have accepted the change, and that you may cancel your subscription before that date so that the following renewal is not charged (you will keep access until the end of the period already paid) or, if you have no subscription, delete your account. If your law requires your express consent to the change, it applies to you only if you accept it and, if you do not, the previous version continues to govern until the end of the period already paid and, after that, the subscription will end unless you accept the new terms (see also paragraph 7 of Section 8).
- The price and the plan's usage limits are governed solely by paragraph 7 of Section 8. No change to these Terms reduces the cancellation and refund rights already acquired for periods already paid or the provisions of Section 21.3. Changes to the arbitration agreement are governed by paragraph 11 of Section 20. For residents of British Columbia and Mexico, paragraphs 7 and 8 of Section 21.3 also apply and prevail over this Section.
- The current version and the date of its last update appear in the header of this document. That date is the date the version was published; material changes take effect on the date stated in the prior notice, which is later than publication and no earlier than thirty (30) days after the notice.
20. Dispute Resolution: Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY: IT AFFECTS YOUR RIGHTS. IF YOU RESIDE IN THE UNITED STATES, DISPUTES WITH AVIMATH WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT FOR THE EXCEPTIONS IN PARAGRAPH 6, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT OF THIS SECTION WITHIN 30 DAYS AFTER YOUR FIRST ACCEPTANCE OF THESE TERMS (PARAGRAPH 10).
- Scope. This Section applies if you reside in the United States, and only to the extent the law permits (see Section 21.3). If you reside in any other country, it does not apply to you and Section 21 governs. "Dispute" means any dispute, claim, or controversy between you and avimath arising out of or relating to these Terms, the Service, or any payment, whatever its basis (contract, tort, statute, or otherwise), including those arising before your acceptance of these Terms.
- Informal negotiation. Before initiating an arbitration, the party asserting a
claim must send the other party a written notice describing the Dispute and the
relief sought: you, to
legal@avimath.com, stating your name and your account email address; avimath, to the email address associated with your account (or the last one you gave us). The parties will attempt to resolve the Dispute in good faith for sixty (60) days from receipt of the notice. During that period, all applicable statutes of limitations and filing deadlines are tolled to the extent applicable law permits. - Binding individual arbitration. If the Dispute is not resolved within that period, it will be resolved exclusively through binding individual arbitration before a single arbitrator, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is commenced, including its rules and fee schedules for mass arbitrations where applicable. The rules are available at www.adr.org. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- Costs. Filing and administrative fees and the arbitrator's compensation are allocated in accordance with the applicable AAA fee schedule; you will pay, at most, the amount those rules assign to you. Each party bears its own attorneys' fees, unless applicable law or the AAA rules allow the arbitrator to decide otherwise.
- Format. If no claim exceeds USD 25,000, the arbitration will be decided solely on written submissions, unless either party requests a hearing or the arbitrator determines that a hearing is necessary. Any hearing will be conducted by videoconference or telephone, unless the arbitrator decides otherwise.
- Exceptions. The following are not subject to arbitration: (a) individual claims that qualify for the small claims court competent in your place of residence in the United States, for so long as they are pursued there on an individual basis; and (b) actions by either party to protect intellectual property rights or against unauthorized access to the Service or use that violates Section 14, solely to obtain urgent injunctive relief, which may be brought before the courts specified in Section 21.
- Who decides. The arbitrator decides all issues regarding the existence, scope, validity, interpretation, and enforceability of this arbitration agreement, except issues regarding the validity, enforceability, or scope of the class action waiver in paragraph 8, which are reserved exclusively to a court.
- CLASS ACTION WAIVER. YOU AND AVIMATH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. The joint administrative handling of individual arbitrations provided for in the AAA rules for mass arbitrations is not considered a class proceeding for these purposes. This paragraph is without prejudice to paragraph 9 regarding public injunctive relief in California.
- Public injunctive relief in California. If you seek public injunctive relief that, under California law, cannot be submitted to arbitration, that claim will be brought before a court of competent jurisdiction after the arbitrator has decided the other claims, and will be stayed in the meantime. If a court of competent jurisdiction determines that claim cannot be arbitrated under California law, only that claim is severed: the remainder of this Section 20, including the class action waiver in paragraph 8, remains in effect.
- Opt-out. You may opt out of this Section by sending an email to
legal@avimath.comwithin thirty (30) days after your first acceptance of these Terms, stating your name, your account email address, and your decision to opt out of the arbitration agreement. If you opt out, Disputes will be resolved before the courts specified in Section 21. Opting out does not affect the remainder of these Terms. - Changes to this Section. If we modify this Section, the change will not apply to Disputes already noticed in accordance with paragraph 2, or to arbitrations already commenced, before the change takes effect; those Disputes will be governed by the version in effect at the time of the notice.
- Severability. If the class action waiver in paragraph 8 is found to be invalid or unenforceable (except as provided in paragraph 9), this entire Section 20 will be null and void as to that claim or party (without affecting other users) and the Dispute will be resolved before the courts specified in Section 21. If any other part of this Section is found to be invalid, the remainder will remain in effect.
- Survival. This Section survives the termination of your account or of this agreement.
21. Governing Law, Jurisdiction, and Jury Trial Waiver
-
Governing law. These Terms and any Dispute are governed by the laws of the State of Wyoming (United States), without regard to its conflict of laws rules. Section 20 is also governed by the Federal Arbitration Act.
-
Jurisdiction. Without prejudice to Section 21.3, Disputes that are not resolved through arbitration are subject to the exclusive jurisdiction of the state or federal courts located in the State of Wyoming, and each party consents to their jurisdiction and waives any objection that the forum is inconvenient. This exclusive forum applies to you only if you are not a consumer or if the law of your place of residence permits it. If you reside in the United States, you may also bring a claim in the small claims court competent in your place of residence.
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Mandatory consumer rights. If you are a consumer (a person acting for purposes outside your trade or profession) and you habitually reside in a country, state, province, or territory whose law grants you rights that cannot be excluded or limited by contract (for example, in the EU, the EEA, or the United Kingdom), the following applies:
- Those non-waivable rights (including state or provincial consumer protection laws) prevail over these Terms and nothing in these Terms limits them.
- The choice of Wyoming law and forum, arbitration, the waiver of class actions and of jury trial, the disclaimers of warranties, and the limitations of liability are valid only to the extent that law permits. You keep your right to bring proceedings before the courts of your place of domicile and before the consumer authorities of your country, state, province, or territory, to the extent that law grants it to you.
- If your law grants you a statutory right of withdrawal, cancellation, or
repentance, you may exercise it within its period and by the means the law
provides, using the online "Withdraw from the contract here" function on the
Withdrawal page or by writing to
support@avimath.com, with no form needed. If you withdraw in time, we refund the full amount with no proportionate deduction (see Section 10 of the Refund Policy). The 14-day guarantee in the Refund Policy does not replace or reduce it: neither is added to the other for the same charge, and the one more favorable to you applies. - The conditions of that commercial guarantee (once per customer and exclusion for material breach) do not limit any non-waivable right.
- Nothing in these Terms excludes or limits liability in the cases listed in paragraph (d) of Section 16, which applies in full to consumers.
- Changes to the Service or to these Terms that affect you apply only for a valid reason (see Section 4.3 and Section 19), and if you do not accept them you may cancel free of charge. If your law so provides and a change to the Service adversely and non-minorly affects your access or use, you may in addition terminate the contract at no cost within 30 days after you receive the notice or after the change, whichever is later; Premium access ends and, within 14 days at most, we refund the portion of the price paid that corresponds to the later period. You may download your files in accordance with paragraph 5 of Section 8 and Section 9.
- If you reside in British Columbia (Canada): you may cancel any renewal at any time, before or after its date, with no charge or other penalty for canceling; if you cancel after the renewal date, we will refund the prorated portion of the renewed period that you have not used. In your subscription contract, besides the price and the plan's usage limits, we may unilaterally modify only the provisions on cancellation, returns, or refunds, and only if the change does not increase an obligation of yours or reduce an obligation of ours; the price and usage limits only with the notice provided for in paragraph 7 of Section 8 (which will include the text as it will read, a clear explanation of the change and, if the change increases an obligation of yours or reduces one of ours, a statement of your right to cancel; it will be sent by email to the address of your account and we will keep proof of dispatch); any other change to the plan's features or to these Terms applies to you only if you expressly accept it (continued use of the Service is not sufficient); and if a change increases an obligation of yours or reduces one of ours, you may cancel at any time with no charge or other penalty.
- If you reside in Mexico: paragraphs 4.2, 4.3, and 8.7, Sections 10, 15, 16, 17, and 19, paragraphs 3 and 4 of Section 18, and paragraphs 1 and 2 of Section 21 do not apply to you to the extent they contradict Article 90 of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) (in particular, to the extent they would allow avimath to modify the contract unilaterally or unilaterally escape its obligations, to release or shift its civil liability except in case of your breach, or to subject you to foreign courts); you may go to Profeco and to the courts of your domicile; and the Spanish version is the valid contract.
If a provision does not apply to you for this reason, the rest of the Terms remains in force for you.
-
JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND AVIMATH WAIVE THE RIGHT TO A JURY TRIAL AND THE DISPUTE WILL BE DECIDED BY A JUDGE.
22. General Provisions
- Severability. If any provision of these Terms is held void or unenforceable, it will be interpreted or limited to the minimum extent necessary to make it valid, and the remainder of the Terms will remain in effect. For Section 20, the special rule in its paragraph 12 applies.
- No waiver. Our failure or delay in exercising any right does not constitute a waiver of that right.
- Assignment. You may not assign this agreement without our written consent. avimath may assign it in connection with a merger, acquisition, sale of assets, or reorganization, by notifying you, provided that it does not reduce your guarantees; if it would, we will need your consent.
- Entire agreement. These Terms, together with the Refund Policy, which forms part of them, constitute the entire agreement between you and avimath regarding the Service and supersede any prior agreement or communication on the same subject matter. The Privacy Policy, the Cookie Policy, the Copyright (DMCA) Policy, and the Legal Notice supplement them and, if they conflict, these Terms prevail. Link's terms on payment, taxes, and refunds for your purchase apply in addition to these.
- Communications. We will send communications to the email address associated
with your account or through notices in the Service. Formal notices to avimath must
be sent to
legal@avimath.com. Communications are deemed received 24 hours after they are sent; you must keep your account email up to date. You agree to receive communications electronically, and such communications satisfy any legal requirement that they be in writing to the extent applicable law permits. - Force majeure. Neither party is liable for any failure to perform caused by events beyond its reasonable control (including failures of infrastructure or payment providers and cyberattacks), which does not excuse payment of amounts already due.
- Language. This document is available in English and Spanish. In case of any conflict or inconsistency between the versions, the version in the language in which you accepted these Terms (that of the interface you were using when you created your account) prevails; for residents of Mexico, and wherever the law requires the contract to be in another language or another version to prevail, the Spanish version is the valid one and prevails.
23. Contact
- Legal inquiries, notices, and intellectual property claims:
legal@avimath.com - Copyright (DMCA):
dmca@avimath.com - Support, billing, and refunds:
support@avimath.com - Security:
security@avimath.com - Privacy:
privacy@avimath.com
Operator and identification details: see the Legal Notice.