Terms of Service

⚠ DRAFT — ATTORNEY REVIEW REQUIRED This document is a working draft prepared to match the current technical design of Game Point Math. It has not yet been reviewed by a qualified ed-tech / student-privacy attorney. Items specifically to flag for counsel: (1) the teacher-as-authorized-adult attestation block, Section 3(a)–(e); (2) acceptable-use rules for student gamertags Section 3(b) and Section 4; (3) liability cap and indemnification Sections 10–11, including the public-entity carve-out; (4) governing-law / jurisdiction enforceability for out-of-state teachers (Section 14); (5) IP scope for teacher-authored custom worksheet content and the relationship between Sections 5 and 6; (6) the payment terms placeholder (Section 15) before billing launches.

Effective date: June 4, 2026
Last updated: June 4, 2026

Welcome to Game Point Math. These Terms of Service ("Terms") govern your use of the Game Point Math website and services (the "Service"). By creating an account or using the Service, you agree to these Terms.

1. Who we are

The Service is operated by Zachary Berman and Bradley Bentz ("we," "us," or "the Operator"). Contact: contact@gamepointmath.com.

Independent operation. Game Point Math is an independent personal project. It is not affiliated with, endorsed by, sponsored by, or operated on behalf of Wachusett Regional School District, any other school, school district, or educational institution.

2. Who can use the Service

The Service has two kinds of users, with different paths:

2.1 Teachers (account holders)

Teachers are the only users who create accounts. By signing up, you represent that you are at least 18 years old, are a teacher, education professional, or other authorized educator, and have the authority to use the Service in your classroom. See Section 3 for the obligations you accept when you create an account.

2.2 Students (no account, no personal data)

Students do not create accounts in the traditional sense. A student joins a class by typing a self-chosen gamertag and the class code their teacher gave them. The Service does not collect a student email, a student real name, or a student OAuth identity (see Privacy Policy §2.2). A student may use the Service only with their teacher's approval.

3. Teacher attestation and obligations

When you sign up as a teacher and accept these Terms, you specifically represent, warrant, and agree to the following:

(a) Authority and consent. You have the authority under your school's, district's, or institution's policies and under applicable law (including, where relevant, the U.S. Children's Online Privacy Protection Act ("COPPA") and the U.S. Family Educational Rights and Privacy Act ("FERPA")) to use Game Point Math with your students, and to provide, obtain, or rely on any consent or authorization required for that use.
(b) Gamertags must be nicknames, not real names; no student personal information in any field transmitted to us. You will instruct your students to choose gamertags that are not their real names and that do not embed identifying information about them. You will not enter any student personal information — including but not limited to real names, email addresses, phone numbers, dates of birth, or school IDs — into any field in the Service that is transmitted to or stored by Game Point Math.
(c) Private student-name labels are your responsibility. The Service includes an optional "private name" field that lets you store a label for each student in your own browser only. You are responsible for safeguarding any such labels, just as you would safeguard a paper class roster or gradebook. Those labels are never transmitted to or stored by Game Point Math.
(d) Account security. You will keep your credentials secure, you will not share your account, and you will notify us promptly if you believe your account has been compromised.
(e) Acceptable use of student-facing data. You will use student gameplay data only for legitimate educational purposes consistent with these Terms and applicable law.

Violations of (a) through (e) above may result in suspension or termination of your account. We may also remove content or class data that violates these obligations.

4. Acceptable use (everyone)

You agree not to:

Use the Service to harass, bully, intimidate, or harm other users.
Submit content that is offensive, threatening, sexually explicit, or otherwise inappropriate for a classroom setting.
Attempt to disrupt the Service (spamming, denial-of-service attempts, exploiting bugs).
Attempt to access another user's account, class, or data without authorization.
Scrape, reverse-engineer, or copy the Service or its content except as permitted by law.
Use the Service to cheat on classwork in a way that violates your school's academic integrity policies.
For students: choose a gamertag that is offensive, that targets another person, or that contains real personal information.

We reserve the right to remove content or suspend accounts that violate these rules.

5. User content

Some parts of the Service let you submit content — for example, answers to math questions, custom worksheet questions a teacher writes, class names, and gamertags ("User Content"). User Content is distinct from "Platform Content" (described in Section 6), which means the questions, design, code, and other materials provided by the Operator.

You retain ownership of your User Content.
By submitting User Content, you grant us a limited, worldwide, royalty-free license to store, display, and process it as needed to operate the Service (for example, showing your answer to your teacher, displaying your gamertag on a leaderboard inside your class).
You are responsible for the User Content you submit and confirm it does not violate Section 3 or Section 4.
The ownership and license you grant for your own User Content does not extend to Platform Content. A teacher's custom worksheet question, for example, belongs to that teacher; the questions we ship with the Service belong to the Operator.

6. Intellectual property and trademarks

The Service — including its math questions, game mechanics, design, the Game Point Math name, the Game Point Math logo, tag lines, screen graphics, sound effects, animations, source code, and all other platform content — is the proprietary property of the Operator and is protected by copyright, trademark, and other intellectual property laws.

Trademark notice. Game Point Math and the Game Point Math logo are trademarks of the Operator. You may not use them in any manner that suggests sponsorship, endorsement, or affiliation without our prior written permission.

You may use the Service for personal educational use and classroom instruction. You may not:

Reproduce, republish, sell, or redistribute the Service, its content, its logo, or its branding outside the platform.
Use the Game Point Math name, logo, or platform content to build, market, or operate a competing product or service.
Remove, obscure, or alter copyright, trademark, or attribution notices.
Reverse-engineer, decompile, or scrape the Service except as expressly permitted by law.

Teachers may use student-facing content (questions, worksheets, printable answer keys) generated through the Service in their own classrooms.

Requests for any use beyond what is described here: contact@gamepointmath.com.

7. Service availability

We work to keep the Service running reliably, but we do not guarantee uninterrupted availability. The Service may be unavailable for maintenance, updates, or reasons outside our control (e.g., outages at our hosting providers).

We may add, change, or remove features at any time. If a change materially reduces functionality you rely on, we will try to give reasonable notice.

8. Third-party services

The Service relies on third-party providers (Supabase, Vercel, Railway, Google Sign-In for teacher authentication only, and — once paid features launch — a payment processor). We are not responsible for outages or actions of those providers, but we will work to resolve issues promptly when they affect users.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be error-free, that defects will be corrected, or that the Service or its servers are free of viruses or other harmful components.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claim relating to the Service will not exceed $100. Because the Service is currently free, this limit reflects the no-fee nature of the Service; once paid features launch, this section will be revisited.

Some jurisdictions do not allow these limitations, so they may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless the Operator from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service in violation of these Terms (including the teacher attestations in Section 3).
Your User Content.
Your violation of any law or third-party right (for teachers, including, where relevant, COPPA and FERPA).

(For school or district accounts, this section is subject to applicable law governing indemnification by public entities, and is subordinate to any signed Data Use Agreement covering the same subject.)

12. Termination

You may stop using the Service and request account deletion at any time (see the Privacy Policy for how).

We may suspend or terminate your access to the Service if you violate these Terms or if continued access would harm the Service or its users. We will give reasonable notice when possible.

13. Changes to these Terms

We may update these Terms as the Service evolves. When we make material changes, we will update the "Last updated" date and notify teachers by email or in-app notice at least 30 days before the change takes effect (or sooner if required by applicable law or necessary to address a security or legal-compliance need). Continued use of the Service after the change takes effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of Massachusetts, without regard to its conflict-of-laws rules. Any disputes will be brought in the state or federal courts located in Worcester County, Massachusetts, and you consent to the jurisdiction of those courts.

15. Payment, cancellation, and refunds

The Service is currently free to use. When paid features are introduced, this section will be updated to describe pricing, billing, cancellation, and refund terms. Updated terms will take effect on the date specified in Section 13 (Changes to these Terms), and teachers will be given notice before any charge is made.

16. Contact us

Questions about these Terms:
contact@gamepointmath.com
Zachary Berman and Bradley Bentz