EMC Math Terms of Service
Effective July 1, 2026
These terms govern the use of EMC Math, which is operated by Essential Math Concepts. In these terms, "we" and "us" mean Essential Math Concepts, and "EMC Math" means the EMC Math service and its applications.
EMC Math is sold to schools and school districts. If your school or district has signed an agreement with us, that agreement governs, and these terms fill in anything it does not cover. Where the two disagree, the signed agreement controls.
Who may use EMC Math
EMC Math is for use by students, teachers and administrators of a school or district that holds a current agreement with us.
EMC Math is sold in two arrangements, and which one a school or district holds decides how its teachers and students reach it.
Where a district keeps its students' work with us, students and teachers reach EMC Math through their own school system, either from a Canvas course or from Clever single sign-on. We issue no username and no password to a student or a teacher on this arrangement.
Where a school holds the version of EMC Math that identifies no student to us, its teachers sign in with a password we issue for that school, and a teacher generates an access code for each activity. Students join with that code and practice without signing in. Teachers who reach EMC Math from a content partner's platform arrive on a signed link from that platform rather than by signing in with us.
We issue no username and no password to any student, on either arrangement. A small number of administrator accounts are issued credentials by us at a district's request.
Individuals cannot sign up for EMC Math on their own, and we do not offer consumer accounts.
District responsibilities
A district decides which of its schools, teachers and students use EMC Math, and through which system they reach it. A district is responsible for the accuracy of the roster information its systems send us, and for telling us when access should stop.
A district is also responsible for obtaining whatever consent the law requires before its students use EMC Math. We rely on the district for this, as the school official exception under the Family Educational Rights and Privacy Act allows.
Acceptable use
EMC Math is provided for teaching and learning mathematics, and may not be used for any other purpose.
You must not attempt to gain access to data belonging to another student, another class, another school or another district. You must not attempt to interfere with the service, to test its security without our written agreement, or to work around the limits of your role. You must not copy, resell or redistribute the content.
Automated access to EMC Math, other than the standard integrations with Canvas and Clever, requires our written agreement.
We may suspend access that threatens the security or availability of the service for others. Where we do, we will notify the district as soon as we reasonably can.
Content and intellectual property
The problems, activities, videos, tools and all other content in EMC Math belong to us or to our licensors. A district with a current agreement may use that content for teaching its own students for the term of the agreement. That use does not transfer ownership of anything.
Student work belongs to the district, as set out in the agreement and in our privacy policy. We do not claim ownership of what a student writes or draws in EMC Math.
Privacy
Our handling of district and student data is described in our privacy policy, which forms part of these terms. In summary, we act as a school official under the Family Educational Rights and Privacy Act, we store no student names, we do not sell data, and we do not advertise.
Availability
We work to keep EMC Math available during the school day, and we avoid deploying changes while classes are in session.
We do not guarantee uninterrupted availability. Maintenance, faults and interruptions outside our control will occur. Where we plan work that will interrupt the service, we will notify districts in advance.
Changes to the service
EMC Math changes through the year. New mathematics tools and content are added as curriculum needs change, and existing features are improved.
We will not make a change that materially reduces what a district has paid for without notifying the district first. Where a change affects what a teacher or a student sees in a meaningful way, we will say so in advance.
Fees and term
Fees, the length of the term, and renewal are set out in the agreement between us and the district. These terms do not set a price and do not create a subscription on their own.
Termination
Either party may end the agreement as that agreement provides.
When an agreement ends, the district's data is deleted, and the district is offered a download of it first. A district may ask for deletion at any time, and we act on that within 30 days. This is set out more fully in our privacy policy.
Disclaimers
EMC Math is provided as it is and as available. To the extent the law allows, we disclaim all warranties, whether express or implied. That includes the implied warranties of merchantability, of fitness for a particular purpose, and of non-infringement.
We make no warranty that EMC Math will be uninterrupted or free of faults, that it will meet every requirement, or that any particular educational outcome will follow from its use.
Some states do not allow some warranties to be excluded. Where that is so, this section applies as far as the law allows and no further.
Nothing in this section limits any warranty a district has negotiated in its own signed agreement with us.
Limitation of liability
To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or exemplary loss arising from the use of EMC Math. That includes loss of revenue, loss of profit, loss of goodwill and loss of data, even if we were told such loss was possible.
If we are nonetheless found liable, our total liability for all claims arising from the use of EMC Math is limited to the greater of one hundred United States dollars or the fees the district paid us in the twelve months before the claim arose.
That limit does not apply to a failure to protect district data. Claims arising from a breach of our privacy obligations, from a breach of confidentiality, or from our indemnification obligations below are outside it. We carry cyber liability insurance that covers those claims.
Some states do not allow some of these limits. Where that is so, this section applies as far as the law allows and no further.
Where a district has a signed agreement with us, the limits of liability in that agreement apply instead of this section. That agreement governs the district's relationship with us.
Indemnification
Each party indemnifies the other, as set out below.
If a claim is brought against us because of your misuse of EMC Math, your breach of these terms, or your violation of the law or of someone else's rights, you agree to defend us against it and to cover the costs and damages that result.
If a claim is brought against you because EMC Math infringes someone's intellectual property, or because we failed to protect district data as our privacy policy describes, we agree to defend you against it and to cover the costs and damages that result.
In either case, the party seeking to be defended notifies the other promptly, and the party doing the defending may take over conduct of the defense.
This section does not apply to a district whose signed agreement with us sets out what each side indemnifies the other for. Those terms govern instead.
Time limit on claims
Any claim arising from the use of EMC Math must be brought within one year of the events it arises from, unless the law or a signed agreement provides otherwise.
Governing law
Where a district has a signed agreement with us, the governing law named in that agreement applies. School districts commonly require their own state's law, and we expect that.
Otherwise these terms are governed by the laws of the State of Montana, without regard to its conflict of laws rules.
If a dispute goes to court, the prevailing party is entitled to recover its reasonable costs and legal fees from the other.
Entire agreement
These terms, together with our privacy policy and our security policy, and together with any agreement a district has signed with us, are the whole agreement between us about EMC Math. Where a signed agreement covers something, that agreement governs.
Changes to these terms
We may update these terms. Where a change materially affects a district's rights, we will notify the districts we work with in writing before it takes effect. The effective date at the top of this page always reflects the current version.
Contact
Essential Math Concepts 518 N Tracy Ave Bozeman, MT 59715 support@essential-math-concepts.com