1. Provider, product and customers
The provider and licensor is ONMAKE S.r.l., Piazza Giuliano della Rovere 8, 00121 Rome (RM), Italy, VAT IT17261401008, REA RM-1707372, email info@onmake.it, certified email onmake@pec.onmake.it ("ONMAKE"). These terms govern ONMAKE xMath, a web application for mathematical calculation with the steps shown: study of functions of two variables, Frenet trihedron, solver (derivatives, integrals, equations, limits), linear systems and matrices, with an assistant to explain the calculations (the "Service"), offered in Italy and the European Union. The ordinary contact for support, complaints and contractual communications is info@onmake.it; consumers need not use certified email to exercise their rights.
xMath is separate from other ONMAKE products. The ONMAKE account is shared, but subscriptions, licences and features remain separate unless an express offer states otherwise. Joining the BETA or holding another product never constitutes an xMath purchase.
A "Consumer" is an individual acting outside their trade or profession as determined by applicable law; a "Business Customer" acts in the course of that activity. Providing a VAT number does not override the actual nature of the purchase. Customers must be at least eighteen and legally capable of contracting; anyone acting for an organisation must be authorised to bind it. Authorised users operate under the customer's organisational responsibility, without transferring ONMAKE's own responsibilities to the customer.
2. Contract documents, priority and language
The contract includes these terms (document 01), the EULA (02), withdrawal policy (05), specifications and warnings (08), acceptable use rules (09), updates policy (10), BETA terms where relevant (11), export terms (12), and the product description and individual order confirmation. The DPA (06) applies to processing on the customer's behalf. The privacy (03), storage (04) and automation (07) notices explain processing and are not blanket consents.
Mandatory law always prevails. The DPA prevails on data protection; expressly agreed order particulars prevail for price, term, quantities, start date and purchased features. These product documents govern xMath specifically over the general account rules; the shared account continues to govern identity and common services without extending payment obligations or unjustified restrictions to other apps. The EULA cannot override consumer conformity rights or the DPA.
The contract is available in Italian and English with corresponding article numbers. The language chosen and provided to the customer governs that relationship. Both versions must be interpreted consistently; no language-priority rule reduces consumer rights or mandatory language requirements in the relevant country. The applicable version is the one accepted and retained with the order: updating a webpage does not retrospectively amend the contract.
3. Features and requirements
xMath includes six tabs: study of functions z = f(x,y) (domain, gradient, critical points, tangent plane, 3D graph), Frenet trihedron (unit vectors, curvature, torsion, 3D curve), xSolver (simplification, derivatives, integrals, equations, limits), linear systems (Gauss, Cramer, Rouché-Capelli), matrices (determinant, inverse, rank, eigenvalues) and Assistant. The Assistant includes an internal assistant, which answers using the app's own calculation engine, and an optional AI assistant that uses a provider chosen by the user (document 07). The app is available in Italian and English. Before ordering, the product description must specify supported browsers and versions, connectivity requirements, limits, support and material restrictions.
The Service has a local architecture: calculations run in the user's browser and ONMAKE servers serve sign-in, permissions and subscription (document 03). The optional AI Assistant and the reading of an equation from an image or PDF contact third-party services chosen by the user or set as default, as described in documents 03 and 07. Fully offline operation is not promised.
xMath is a calculation and study tool: an automatic result is not a professional opinion and does not replace the user's own checking (document 08). xMath does not handle structural calculations or technical standards. Unreleased features are not purchased services unless specifically committed to in the order.
4. Account and access security
Access requires an ONMAKE account and a valid xMath entitlement. Users provide accurate information, keep contact details current, protect codes, passwords, passkeys and recovery methods, and promptly report unauthorised access. Personal credentials must not be shared; additional users must be authorised under the plan. ONMAKE uses proportionate anti-abuse controls without unreasonably preventing access, support or rights requests.
Acknowledging the privacy notice is not consent to processing necessary for the contract. Contract acceptance, a request for immediate performance and optional consents are separate events. The common account may remain active after xMath ends; deleting it altogether requires a separate command and a warning about effects on all apps.
5. Ordering and formation
Before ordering, customers can read and retain the documents, review the order and correct errors. The summary identifies the product, plan, services, total price and taxes, billing period, term, any renewal, start date, trial conditions, cancellation and withdrawal. The final control must unambiguously indicate the obligation to pay.
An order is the customer's offer. The contract is formed when ONMAKE sends acceptance on a durable medium; earlier activation of the purchased service also constitutes acceptance and must be followed promptly by confirmation. A technical receipt expressly stating that it is not acceptance does not form the contract. If an order is not accepted, any payment collected is returned without undue delay. ONMAKE has no discretionary right to cancel an already concluded order.
The confirmation contains the order particulars, contract and activation dates, the accepted documents in retainable form, express requests and withdrawal instructions. ONMAKE retains reasonable evidence of version, language, time and action; these records are not conclusive evidence against the customer.
6. Prices, plans, payments and invoicing
These terms set no subscription prices or fixed subscription lengths. The price, currency, taxes, limits, term, billing interval, renewal and commercial conditions shown before purchase and confirmed in the order apply. Referring to a price list does not authorise retrospective changes. No optional service or surcharge is charged without an express choice.
Payments use the methods available in Stripe Checkout. Stripe handles complete payment-instrument details; ONMAKE receives transaction references, status and information needed to manage the relationship, not the full card number. Customers must be authorised to pay and provide accurate invoicing details. VAT treatment or reverse charge depends on legal conditions, not merely a customer declaration. ONMAKE issues the legally required tax documents; a Stripe receipt does not automatically replace a statutory invoice.
Recurring charges are authorised only for the selected subscription. After a failed payment ONMAKE informs the customer and allows a reasonable cure period of at least seven days from notice, except for fraud or urgent security concerns. Subsequent suspension concerns the unpaid service; support and secure data-return channels remain available. Valid payment disputes and refund rights are unaffected.
7. Trials, BETA and activation
A free trial or BETA requires no purchase and does not automatically become a paid subscription. Commercial access requires a separate order with updated information and acceptances. The xMath BETA is offered on the terms shown on the BETA acceptance screen, which the customer accepts before entering.
The offer states the trial's duration, limits and expiry consequences. Expiry does not turn a free account into a paid service. Where immediate performance during the withdrawal period is available, the consumer may expressly request it; otherwise paid performance starts after that period. Starting a continuing service does not itself extinguish withdrawal rights.
8. Term, renewal and non-renewal
The contract lasts for the term specified in the order. Automatic renewal applies only if clearly disclosed and accepted before ordering, with the renewal period and price or determinable pricing method. Customers may disable renewal through the account/subscription portal or by emailing info@onmake.it before the next charge; no additional contractual notice period is imposed. Non-renewal is confirmed and ordinarily preserves access until the paid period ends.
ONMAKE sends expiry and renewal reminders required by law within the applicable time limits, explaining how to cancel without obstacles. In particular, where the Italian notice obligation for fixed-term service contracts with automatic renewal applies, notice is sent at least thirty days before expiry; statutory remedies for failure to give notice remain available. Short billing cycles must still provide timely information and mandatory rights and cannot be used to circumvent the notice requirement.
Price changes apply only to a future period and are notified on a durable medium at least thirty days beforehand, allowing cancellation without a penalty. If that notice cannot be given, the increase is deferred. More favourable terms and additional statutory requirements remain unaffected.
9. Withdrawal and refunds
Consumers have the withdrawal rights and procedures in document 05, including the online function. Non-renewal, statutory withdrawal, termination for breach and account deletion are distinct operations. Statutory refunds are not subject to discretionary commercial approval. Business Customers do not receive consumer cooling-off rights unless expressly offered, but retain their contractual and statutory remedies.
10. Updates and changes
ONMAKE provides updates, including security updates, necessary to maintain conformity for the required period and informs users of requirements and the consequences of failing to install them. Declaring a version unsupported does not remove those obligations.
Other changes may be made without additional charges for the purchased period for specific security, legal, browser/format interoperability, third-party component discontinuation or documented performance-improvement reasons. This does not authorise arbitrary reductions of essential features. If a change has a more than minor negative impact on a consumer's access or use, ONMAKE gives reasonable advance notice on a durable medium describing the change, timing and right to terminate free of charge within thirty days of receiving the notice or the change, whichever is later, unless the unchanged, conforming service remains available without extra charge. Lack-of-conformity remedies remain separate.
11. Conformity and support
ONMAKE must provide the contractually required and legally reasonable characteristics, functionality, compatibility, interoperability, security and continuity. Describing a technical limitation does not remove mandatory requirements. A deviation from an objective digital-service requirement can affect consumer rights only where permitted by law and specifically disclosed and separately accepted as legally required.
Consumers may require conformity to be restored free of charge within a reasonable time and without significant inconvenience; where statutory conditions apply, they may obtain a proportionate price reduction or terminate and recover amounts due. No notification deadlines or evidential burdens less favourable than the law are imposed. Reports may be sent to info@onmake.it with the version, environment and issue, avoiding unnecessary third-party data. No guaranteed service level or response time is implied unless agreed; statutory duties to act remain unaffected.
12. Content, confidentiality and data protection
Expressions, equations and results stay in the user's browser: ONMAKE does not receive them in normal use and acquires no licence to publish, sell or use them to train AI models. If the user uses the external AI assistant or the reading of an equation from an image or PDF, the text or image sent is received by the chosen provider, which processes it under its own terms: ONMAKE is not party to that relationship (document 07). The user must hold the rights needed for the content sent.
ONMAKE is controller of the account data and the technical data described in document 03. Encryption of data on the device is not promised: users protect their own device.
13. Suspension and termination
ONMAKE may proportionately suspend access for concrete security risks, authority orders, serious misuse or non-payment not cured under article 6. Unless urgent circumstances or law prevent it, ONMAKE explains the reason, scope and remedies, allows representations and gives at least fifteen days to cure a remediable breach before terminating. Suspension does not automatically justify deleting documents or other products.
ONMAKE may decline renewal at expiry on at least thirty days' notice, or longer where necessary for data return. For early discontinuation not attributable to the customer it refunds the unused paid period without prejudice to further remedies. Lost credentials or suspension require an alternative secure recovery channel. Export, switching and erasure follow document 12 and the DPA.
14. Liability
For consumers, ONMAKE is liable under applicable law; blanket warranty exclusions, "as is" disclaimers and caps reducing mandatory rights do not apply. Users must check outputs before professional reliance, maintain appropriate copies and take reasonable steps to mitigate damage, without assuming responsibility for defects attributable to ONMAKE.
Only for Business Customers, and subject to the following sentence, ONMAKE's aggregate contractual liability for events arising from the same relationship in the preceding twelve months is limited to xMath fees paid or payable for that period; indirect losses and purely speculative loss of profit, reputation or opportunity are excluded to the extent permitted. The cap does not apply to intent, gross negligence, death or personal injury, breaches of confidentiality or data-protection duties, intellectual-property infringement attributable to ONMAKE, repayment or refund obligations, or liability that cannot lawfully be limited. GDPR data-subject rights are not affected.
Neither party is liable for delay solely caused by extraordinary external events that could not reasonably be avoided, provided it informs the other and mitigates the consequences. Organisational or security shortcomings and ordinary supplier failures are not automatically force majeure. Statutory remedies, data return and refunds for services not supplied remain available.
Users check results themselves before relying on them in study, research, design or any decision. An xMath result, even when accompanied by the steps, is not a professional opinion; ONMAKE is not liable for use of results without that check, without prejudice to liability the law does not allow to be excluded.
15. Complaints, governing law and disputes
Italian law applies without depriving consumers of mandatory protection under the law of their habitual residence where applicable. Consumers retain the courts available under mandatory rules; exclusive Rome jurisdiction is not imposed on them. For Business Customers only, the courts of Rome have exclusive jurisdiction, subject to specific approval where required.
Complaints go to info@onmake.it. If unresolved, ONMAKE supplies information about the relevant ADR body and any willingness to participate when required by law; no unconfirmed membership is represented. Use of the discontinued EU ODR platform is not required. Internal procedures do not exclude access to courts or competent authorities.
Invalidity of a clause does not automatically invalidate the remainder; mandatory unfair-terms rules apply without rewriting an unfair term against a consumer. Assignment by ONMAKE must not reduce customer safeguards. Communications use the declared contacts and methods permitting retention of their contents.
16. Specific Business Customer approval
Where articles 1341 and 1342 of the Italian Civil Code require it, the Business Customer separately and specifically approves: article 6, suspension for non-payment; article 8, automatic renewal where selected; article 13, suspension and non-renewal rights; article 14, business liability limitations; article 15, exclusive Rome jurisdiction. A separate electronic selection must identify these exact provisions and preserve their text and version. Double approval does not validate an unlawful clause or replace consumer protection.