These Terms of Service ("Terms") govern your use of the NibbleNexus App provided by us ("we," "us," or "our"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Apple-Required Terms
These Terms are between you and us only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide maintenance or support services for the App.
The license granted to you 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 in the Apple Media Services Terms and Conditions.
Apple has no obligation to furnish maintenance or support services. Any maintenance or support is our sole responsibility.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are our sole responsibility.
Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including product liability, legal or regulatory compliance, or consumer protection claims.
Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the App or your use of the App infringes intellectual property rights.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and you are not on any U.S. Government prohibited or restricted party list.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
2. Eligibility
You must be at least 13 years old, or the minimum age of digital consent in your jurisdiction, to use the App. If you are under the age of majority, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. License and Restrictions
We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for personal, non-commercial entertainment purposes.
You agree not to:
- Copy, modify, distribute, sell, lease, or sublicense the App;
- Reverse engineer, decompile, or disassemble the App, except as permitted by law;
- Use bots, cheats, automation, exploits, or unauthorized third-party software;
- Interfere with the App, servers, networks, or security features;
- Access the App through unauthorized means;
- Use the App for unlawful, harmful, or fraudulent purposes;
- Impersonate any person or entity;
- Upload malware or harmful code;
- Remove or alter proprietary notices.
4. Accounts
Accounts are optional. If you create one, you are responsible for your credentials and all activity under your account. You must provide accurate information and keep it updated. We may suspend or terminate accounts that violate these Terms or pose risk to the App or other users.
5. Subscriptions, Purchases, and Virtual Items
Auto-Renewable Subscriptions: The App may offer auto-renewable subscriptions. Payment is charged to your Apple ID at confirmation. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends. Manage or cancel in your App Store account settings.
Free Trials: If offered, free trials convert to paid subscriptions unless canceled before the trial ends. Unused trial portions are forfeited upon purchase.
In-App Purchases: The App may offer consumable and non-consumable purchases. Purchases are final and non-refundable except as required by law or Apple policy. Virtual items have no cash value, are non-transferable, and may be modified or discontinued.
We may change prices with notice as required by law and Apple policy.
6. User Content and Feedback
If you submit feedback, suggestions, or other content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display it for operating and improving the App. You represent that you have all necessary rights and that your content does not violate law or third-party rights.
If the App allows user-generated content, you are solely responsible for it. We may remove content that violates these Terms or law.
7. Intellectual Property
The App, including software, graphics, logos, audio, video, text, and design, is owned by us or our licensors and protected by U.S. and international intellectual property laws. No rights are granted except as expressly stated.
8. DMCA Copyright Policy
We respect intellectual property rights. If you believe content in the App infringes your copyright, send a written notice to our Copyright Agent at firstbraintest@yeah.net with:
- Your physical or electronic signature;
- Identification of the copyrighted work;
- Identification of the allegedly infringing material;
- Your contact information;
- A good-faith statement that use is unauthorized;
- A statement under penalty of perjury that the notice is accurate and you are authorized to act.
We will respond under the Digital Millennium Copyright Act ("DMCA"). Repeat infringers may have accounts terminated.
9. Third-Party Services and Links
The App may integrate with Apple services or third-party services. We are not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their terms.
10. Availability and Changes
We may update, modify, suspend, or discontinue the App or any feature at any time. We do not guarantee uninterrupted or error-free availability. We may perform maintenance or release updates that change functionality.
11. Health and Entertainment Disclaimer
The App provides casual mini-games for entertainment and general cognitive exercise. It is not a medical device and does not provide medical advice, diagnosis, treatment, or health claims. Consult a qualified professional for medical concerns.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR USE.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the App, or your violation of third-party rights.
15. Dispute Resolution and Arbitration
Informal Resolution: Before formal proceedings, contact us at firstbraintest@yeah.net and allow 30 days to resolve the dispute informally.
Binding Arbitration: Any dispute arising from or relating to these Terms or the App will be resolved by final binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will take place in the county where you reside or remotely, unless the parties agree otherwise.
Class Action Waiver: Disputes will be arbitrated individually. You waive any right to participate in a class, collective, or representative action to the fullest extent permitted by law.
Exceptions: Either party may seek injunctive relief in court for intellectual property or security violations, and you may bring qualifying claims in small claims court.
Opt-Out: You may opt out of arbitration by sending written notice to firstbraintest@yeah.net within 30 days of accepting these Terms.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Mandatory consumer protection laws in your state or country may also apply.
17. Termination
We may suspend or terminate your access at any time for violation of these Terms or risk to the App. You may stop using the App at any time. Provisions that by nature should survive termination will survive, including intellectual property, disclaimers, liability limits, indemnification, and arbitration.
18. General
If a provision is invalid, the remaining provisions remain in effect. These Terms and the Privacy Policy are the entire agreement regarding the App. You may not assign these Terms. We may assign them in connection with a business transfer. Failure to enforce a provision is not a waiver. We may provide notices in the App or by email.
19. Contact
If you have any questions about these Terms, please contact us at:
Email: firstbraintest@yeah.net