These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and NeuroBlocks ("we," "us," or "our") governing your use of the App available on the Apple App Store. By downloading, accessing, or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the App, you confirm that you are at least 13 years of age (or the minimum age of digital consent in your jurisdiction) and that you have the legal capacity to enter into these Terms. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial entertainment purposes. This license is granted pursuant to the Usage Rules set forth in the Apple App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with you via Apple's Family Sharing or volume purchasing.
3. Terms Required by Apple Inc.
If you are using the iOS version of the App, the following terms apply:
- Acknowledgment: These Terms are between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide maintenance and support services for the App.
- Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on an Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Any maintenance and support obligations, if any, are our sole responsibility.
- Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
4. User Conduct
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
- Modify, adapt, translate, or create derivative works based on the App;
- Interfere with or disrupt the App's servers or networks;
- Attempt to gain unauthorized access to any portion of the App;
- Use cheats, automation software, bots, hacks, or any unauthorized third-party software;
- Harass, abuse, or harm other users;
- Impersonate any person or entity or misrepresent your affiliation;
- Upload or transmit any viruses, malware, or other harmful code.
5. Subscriptions and In-App Purchases
Auto-Renewable Subscriptions: The App may offer auto-renewable subscription options. Payment will be charged to your Apple ID account at confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
Free Trials: If a free trial is offered, the subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires. Any unused portion of a free trial period will be forfeited when you purchase a subscription.
In-App Purchases: The App may offer consumable and non-consumable in-app purchases. All purchases are final and non-refundable, except as required by applicable law or Apple's refund policies.
6. Intellectual Property
All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted no right or license with respect to any of our trademarks, service marks, or trade names.
7. DMCA Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement committed using the App.
If you believe that any content on the App infringes your copyright, please notify our designated Copyright Agent with a written notice containing the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, with sufficient detail to enable us to locate it;
- Your contact information, including address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
We will terminate the accounts of users who are found to be repeat infringers.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APP WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS; (III) THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR (IV) ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless NeuroBlocks and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your violation of these Terms; (b) your violation of any third-party right, including any intellectual property or privacy right; or (c) any claim that your use of the App caused damage to a third party.
11. Dispute Resolution and Arbitration
Informal Resolution: Before initiating formal proceedings, you agree to contact us at NeuroBlocksSupport@yeah.net to attempt to resolve any dispute informally.
Binding Arbitration: Any dispute arising out of or relating to these Terms or the App shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of California, or at another location mutually agreed upon by the parties.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, you waive any right to participate in a class action, collective action, or representative proceeding.
Exceptions: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For users outside the United States, mandatory provisions of consumer protection law in your country of residence may apply.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms within the App or by other reasonable means. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the App.
14. Termination
We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and us regarding your use of the App and supersede all prior or contemporaneous understandings or agreements.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Email: NeuroBlocksSupport@yeah.net