Terms of Use — Brainfolio

These Terms of Use ("Terms") are an agreement between you and Nembly Studio ("we", "us") about your use of the Brainfolio app ("the app"). By downloading or using the app you accept them. If you do not accept them, do not use the app.

These Terms work together with Apple's Standard Licensed Application End User License Agreement ("Apple's EULA"). If something here conflicts with Apple's EULA, the Apple-required terms in section 15 and Apple's EULA come first.

1. Licence

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Apple devices that you own or control, as allowed by the Apple Media Services Terms and the App Store usage rules, for your own non-commercial use.

2. What Brainfolio is, and is not

Brainfolio is a training and entertainment app with IQ-style puzzles, tests, levels and brain games.

The ratings, tiers, scores and results in the app measure your progress inside the app. They are not an IQ score, not a clinical, psychological or medical assessment, and not educational, employment or professional advice. Do not use them to make decisions about health, schooling or work.
We do not promise that using the app will raise your intelligence, memory, focus or any other ability.
Puzzle and test content is for practice. The app is not affiliated with or endorsed by any IQ test publisher, society or organisation.
Some puzzle text (for example logical-reasoning puzzles and Brain Trick questions) is written in English only, whatever language the app is set to.

3. Free use and Brainfolio Pro

Part of the app is free: some levels, a free test each week, the daily challenge and a limited taste of each Brain Trick. Brainfolio Pro unlocks the rest.

Brainfolio Pro is an auto-renewing subscription, offered as Brainfolio Pro Monthly (one month) and Brainfolio Pro Weekly (one week). The price for your plan and your country, and the length of the period, are shown in the app and in the App Store purchase sheet before you confirm.

Payment is charged to your Apple ID account when you confirm the purchase.
The subscription renews automatically for the same period and at the price shown, unless you cancel at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours before the period ends.
If a free trial or other introductory offer is shown, any unused part of it ends when you buy a subscription, and the subscription starts renewing at the price shown when the offer ends unless you cancel at least 24 hours before.
Manage or cancel at any time in Settings → your name → Subscriptions on your device (or the link in the app). Deleting the app does not cancel a subscription. Cancelling stops the next renewal; you keep Pro until the end of the period you have paid for.
If the price changes, Apple will tell you and, where required, ask for your consent before you are charged the new price.
Refunds for App Store purchases are handled by Apple under its policies. Request one at reportaproblem.apple.com; we cannot issue refunds for App Store purchases.
"Restore purchases" in Settings restores Pro on a new device signed in with the same Apple ID.

4. Streak restore (one-time purchase)

When a daily streak has just been lost, the app offers to restore it.

Every user gets one free restore. It can be used once and is kept on the device where it was used, even if you reset your progress.
After that, a restore is a consumable one-time purchase at the price shown in the purchase sheet. It restores a lost streak once, is delivered immediately, and is not a subscription.
A restore you have bought but not yet used is stored on your device. Consumable purchases are not restored by "Restore purchases", so deleting the app or erasing the device can lose an unused restore.
Apple's refund policy applies; we cannot refund App Store purchases.

5. Your progress and data

There are no accounts. Your progress, ratings, streak and settings are stored on your device only (see our Privacy Policy). If you delete the app, reset your progress or lose your device, they cannot be recovered by us. We are not responsible for lost progress.

6. Acceptable use

You agree not to: copy, modify, reverse engineer, decompile or extract the source code or puzzle content of the app (except where the law allows it despite this term); resell, rent, sublicense or redistribute the app or its content; remove notices; use the app to break the law; or interfere with the app or the App Store's purchase system.

7. Intellectual property

The app, its puzzles, generators, artwork, sounds, text, name and design belong to Nembly Studio or its licensors and are protected by copyright, trademark and other laws. These Terms give you a licence to use the app, not ownership of it. "Brainfolio" and the app icon may not be used without our written permission.

8. Sharing

If you share a result or the app, you decide what is shared and with whom. The share text and image are yours to send; we do not receive them. Do not share the app's puzzle content in bulk.

9. Support and feedback

Support is available at nemblystudio@outlook.com. If you send us feedback or ideas, you let us use them freely without payment or credit.

10. Third-party services

Purchases, subscriptions, notification settings and the App Store are provided by Apple and are subject to Apple's terms. Your mobile carrier's data charges may apply when you download or update the app. Links in the app open websites or apps we do not control.

11. Disclaimer of warranties

To the fullest extent permitted by law, the app and its content are provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted or error-free operation. Puzzles may contain mistakes. Nothing in these Terms limits warranties or rights that you have under mandatory consumer law.

12. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of data, profit or goodwill, arising from your use of the app. Our total liability for any claim relating to the app is limited to the amount you paid us in the 12 months before the claim, or, if you paid nothing, to zero. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

13. Ending your licence

You can stop using the app at any time by deleting it. We may end your licence if you seriously or repeatedly break these Terms. Sections that by their nature continue (for example 7, 11, 12 and 16) continue after it ends.

14. Changes

We may update these Terms and the app. The current version is always published at the address linked in the app; the effective date above shows when it last changed. If you keep using the app after a change, you accept the new Terms. If a change is material for subscribers, we will tell you in the app before it applies.

15. Apple-required terms

If you use the app on an Apple device, the following applies in addition to the rest of these Terms:

Acknowledgement. These Terms are between you and Nembly Studio only, not Apple. Nembly Studio, not Apple, is solely responsible for the app and its content.
Scope of licence. The licence is limited to a non-transferable licence to use the app on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms.
Maintenance and support. Nembly Studio is solely responsible for any maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
Warranty. If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
Product claims. Nembly Studio, not Apple, is responsible for addressing any claim by you or a third party relating to the app.
Intellectual property claims. Nembly Studio, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim.
Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Developer contact. Nembly Studio — nemblystudio@outlook.com
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms.

16. Governing law

These Terms are governed by Norwegian law. This does not take away any mandatory consumer rights you have in the country where you live.

17. Contact

Nembly Studio — nemblystudio@outlook.com