Polymath Terms of Use

Last Updated: 8 May 2025

Definitions

• "Polymath", "we", "us", "our" – Celadon AI Ltd., a company incorporated in New Zealand (NZBN 9429049431452) with its principal office at 9 Sunderland Ave, Auckland 0618, New Zealand.
• "Services" – The Polymath educational game, companion websites, mobile/desktop apps, and related features.
• "Personal Data" / "Personal Information" – Information that identifies or can reasonably be linked to an identified or identifiable natural person.
• "Users" – All individuals who interact with the Services, including Guardians, Educators, and Child Users.
• "Adult Users" – Guardians and Educators aged 16 or older.
• "Guardians" – Parents or legal guardians who create, supervise, or manage a child account.
• "Educators" – Teachers or school administrators who use Polymath in a classroom or other educational setting.
• "Child Users", "Children" – Individuals under 16 years of age who use the Services, typically under the supervision of a Guardian or Educator.

These Terms of Use ("Terms") form a legally binding contract between you and Celadon AI Limited ("Polymath," "we," "us," or "our") that governs your access to and use of our Polymath educational game, websites, mobile applications, and related services (collectively, the "Services"). Please read them carefully.

By accessing or using the Services, or by clicking to accept these Terms where that option is presented, you agree to be bound by them. If you do not agree, do not use the Services.

1 Who May Use the Services

1.1 Adult Users (16 +)

You represent that you are at least 16 years of age and qualify as a Guardian or Educator with authority to enter into these Terms on your own behalf or on behalf of an organization (such as a school). If you are under the age of majority in your jurisdiction (typically 18), you further represent that you have any additional permissions or consents required by local law to enter this agreement.

1.2 Child Users (<16)

A Child User may access the core learning gameplay of the Services without prior parental consent or direct supervision. However, certain features—such as creating a personal account, joining a class roster, social or communication tools, or any feature that collects additional Personal Data—require verifiable consent from an Adult User. Adult Users remain responsible for providing and managing any required consents under applicable law.

2 Accounts and Registration

2.1 Account Creation

Certain features require an account. For Child Users, account‑creation screens will prompt an Adult User to provide the necessary parental consent before the account becomes active. You must provide accurate and complete information and keep it up to date.

2.2 Account Security

You are responsible for keeping your login credentials and any access codes (including classroom join codes or one‑time setup codes) confidential and for all activity that occurs under your account or with those codes. You must not share codes or credentials publicly or with anyone who is not authorized to use them. You are also responsible for securing any third‑party credentials (e.g., single‑sign‑on accounts) that you use to access the Services. Notify us immediately of any unauthorized use or security breach.

2.3 Educator Accounts

Educators who create classroom spaces represent that they have authority to act on behalf of the educational institution and obtain any consents required by law.

3 License Grant and Intellectual Property

3.1 Our Content

The Services and all content therein (including text, graphics, game logic, and software) are owned by or licensed to Polymath and protected by intellectual‑property laws. Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for non‑commercial educational purposes.

3.2 Restrictions

You may not (a) reverse engineer, decompile, or disassemble the Services; (b) copy, modify, or create derivative works; (c) rent, lease, or sublicense the Services; (d) access or use the Services for competitive analysis; or (e) circumvent any technological measures that control access.

4 User Content

4.1 Definition

"User Content" means any data, text, images, feedback, or other content that you submit or make available through the Services.

4.2 Ownership

You retain ownership of your User Content. By submitting User Content, you grant Polymath a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, display, and otherwise use your User Content solely to operate, improve, and provide the Services.

4.3 Responsibility

You are solely responsible for your User Content and warrant that you have all rights necessary to grant the license in Section 4.2 and that your User Content does not violate any law or the rights of any third party.

5 Acceptable Use Policy

5.1 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful or fraudulent purpose;
• Falsely represent your age or impersonate an Adult User;
• Harm, exploit, bully, or groom a child, or encourage any activity that endangers a minor;
• Harass, threaten, or harm another person or transmit any objectionable content;
• Upload malicious code or interfere with the operation of the Services;
• Attempt to gain unauthorized access to accounts or systems;
• Violate intellectual‑property rights or remove proprietary notices;
• Engage in data mining, robots, or similar data‑gathering methods.

5.2 Child Safety

Adult Users are fully responsible and liable for supervising and monitoring any Child Users they authorize to access the Services, including those Child Users’ broader online activity. Adult Users must ensure that Child Users comply with these Terms and remain safe while using the Services. Any action or omission by a Child User on the Services is deemed to be the action or omission of the Adult User who authorized that Child User’s access, and any breach of these Terms by a Child User will be treated as a breach by the corresponding Adult User.

5.3 Reporting

If you become aware of any content or behaviour that endangers a child or otherwise violates this policy, you must promptly report it to us by emailing help@polymath.how.

6 Fees and Payment

The terms in this section apply if and when you elect to purchase any optional premium feature, subscription, or other paid offering we make available (each, a “Paid Feature”).

6.1 Adult Consent Required

Only an Adult User may authorize a payment. By initiating a transaction you represent and warrant that you (a) are at least 16 and a Guardian or Educator, and (b) have the legal right to use the payment method provided.

6.2 Introducing or Changing Paid Features

We may, from time to time, (i) introduce new Paid Features or (ii) convert an existing free feature into a Paid Feature. We will clearly disclose the price, billing frequency, material terms, and any changes before you incur a charge, giving you a reasonable opportunity to accept or decline.

6.3 Payment Terms

You agree to pay all fees and applicable taxes for any Paid Feature you choose and authorize us (or our third‑party payment processor) to charge your selected payment method. Prices are subject to change with advance notice.

6.4 Refund Requests

You may request a refund by contacting us in writing and stating the reason for your request. Refunds are considered on a case‑by‑case basis, and our decision is final, except where mandatory law provides otherwise.

6.5 Chargebacks and Disputes

Report any unauthorized or fraudulent charges immediately. We may suspend access to Paid Features while a payment dispute is pending.

7 Privacy

Our collection, use, and retention of personal data—including how long we keep information and the ways you can request deletion—are described in our Privacy Policy and Children’s Privacy Policy, which form part of these Terms. By using the Services, you consent to these data practices.

8 Third‑Party Services

The Services may integrate with third‑party platforms (e.g., single sign‑on or classroom management tools). Your use of those services is subject to their separate terms; Polymath is not responsible for third‑party services.

9 Termination

We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms or legal requirements. You may stop using the Services at any time. Sections that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability) will continue to apply.

10 Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non‑infringement. We do not warrant that the Services will be uninterrupted or error‑free, or that loss of data will not occur.

11 Limitation of Liability

To the fullest extent permitted by law, Polymath and its affiliates, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or for any loss of data, use, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services.

Our total liability for all claims under these Terms is limited to the greater of (a) the amount you paid to Polymath in the 12 months preceding the claim, or (b) NZD 150.

Some jurisdictions do not allow the exclusion or limitation of certain damages; these limitations may not apply to you.

12 Indemnification

You agree to indemnify and hold harmless Polymath and its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, and expenses arising out of (a) your use of the Services, (b) your breach of these Terms, or (c) your violation of any law or third‑party rights.

13 Dispute Resolution; Governing Law

13.1 Informal Resolution

Please contact us first to resolve any dispute. Most issues can be quickly settled.

13.2 Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict‑of‑laws principles, unless the laws of your jurisdiction require otherwise.

13.3 Venue

Any legal action arising out of these Terms or the Services shall be brought exclusively in the courts of New Zealand, and you consent to the personal jurisdiction of those courts.

EU/UK consumers: You may have additional mandatory rights to bring disputes in your home jurisdiction; nothing in these Terms limits those rights.

14 Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice (e.g., via the Services or email) and update the Effective Date above. Continued use of the Services after changes take effect constitutes acceptance.

15 General Terms

• Entire Agreement. These Terms and any policies referenced herein constitute the entire agreement between you and Polymath regarding the Services.
• Severability. If any provision is held invalid, the remaining provisions remain in full force.
• No Waiver. Failure to enforce any provision is not a waiver of future enforcement.
• Assignment. You may not assign your rights under these Terms; Polymath may freely assign its rights and obligations.

16 Contact Us

If you have questions about these Terms, please contact us at:

Celadon AI Limited
9 Sunderland Ave
Auckland 0618
New Zealand
Email: help@polymath.how