This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("User,"
"you," or "your") and QWERTY Code LLC ("Licensor," "we," "us," or "our") for the use of the Factic
mobile application ("Application"), including all updates, upgrades, and related services.
Important: By downloading, installing, or using Factic, you agree to be bound by
this Agreement. If you do not agree, do not download, install, or use the Application.
This EULA supersedes Apple's standard End User License
Agreement for the Application. Apple Inc. is not a party to this Agreement but is a third-party
beneficiary as set forth in Section 14.
1. License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive,
non-transferable, revocable license to download, install, and use the Application on any
Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
This license is for personal, non-commercial use only unless otherwise agreed in
writing.
The Application is licensed, not sold, to you. We reserve all rights not expressly
granted in this Agreement.
2. License Restrictions
You may not:
- Copy, modify, or create derivative works of the Application.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code.
- Distribute, sublicense, lease, rent, lend, or transfer the Application to any third party.
- Remove, alter, or obscure any proprietary notices, labels, or marks.
- Use the Application for any illegal, harmful, or unauthorized purpose.
- Circumvent, disable, or interfere with security features or access controls.
- Use automated systems, bots, or scripts to access or interact with the Application.
- Extract, scrape, or harvest data from the Application beyond normal use.
3. Subscriptions & In-App Purchases
Factic Pro
The Application offers a premium subscription ("Factic Pro") that unlocks additional features
including unlimited custom topics, quizzes, increased notification frequency, and full community
access.
Billing
- All purchases are processed through Apple's App Store and billed to your Apple ID.
- Subscriptions automatically renew unless auto-renew is turned off 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 at the rate of your selected plan.
- You may manage subscriptions and turn off auto-renewal in your Apple ID Account Settings.
- Any unused portion of a free trial period will be forfeited upon purchasing a subscription.
Refunds
All refund requests are handled by Apple in accordance with their App Store policies. We do not
process refunds directly.
4. Content & AI-Generated Material
Educational Content
The Application delivers educational content through notifications and quizzes. This content is
generated using artificial intelligence and is intended for general informational and educational
purposes only.
No Professional Advice
- Content does not constitute professional, medical, legal, financial, or academic advice.
- AI-generated material may contain errors, inaccuracies, or outdated information.
- You should not rely solely on Factic content for important decisions.
- We do not guarantee educational outcomes, exam results, or learning objectives.
User-Generated Content
You retain ownership of topics and configurations you create. By sharing content with the community,
you grant us and other users a license to use that content as described in our Terms of Service.
5. Ownership & Intellectual Property
The Application, including its source code, design, user interface, algorithms, AI models,
notification content generation systems, quiz engines, branding, trademarks, and all related
intellectual property, are and shall remain the exclusive property of QWERTY Code LLC.
This Agreement does not convey any ownership interest in the Application, only a limited right
of use subject to these terms.
6. User Accounts
- You are responsible for maintaining the confidentiality of your account.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized use.
- We reserve the right to suspend accounts suspected of unauthorized access.
7. Privacy & Data
Your use of the Application is subject to our
Privacy Policy, which describes how we collect, use,
and protect your information. By using the Application, you consent to our data practices as
described therein.
8. Acceptable Use
You agree to use the Application in compliance with all applicable laws and regulations. You agree
not to:
- Share offensive, harmful, misleading, or illegal content through community features.
- Attempt to gain unauthorized access to other users' accounts or data.
- Interfere with or disrupt the Application's infrastructure or services.
- Use the Application in any manner that could damage, disable, or impair our servers.
9. Maintenance & Support
QWERTY Code LLC is solely responsible for providing maintenance and support for the Application.
Apple has no obligation to provide any maintenance or support services with respect to the
Application.
Support inquiries may be directed to
factic@qwertycode.org.
We may, at our discretion, release updates to improve functionality, fix bugs, or address security
issues. You are encouraged to keep the Application updated to the latest version.
10. Third-Party Services
The Application integrates with third-party services including Firebase, RevenueCat, and AI content
providers. These services are governed by their own terms and privacy policies.
We are not responsible for the performance, availability, or practices of third-party services.
Your use of the Application constitutes acceptance of applicable third-party terms.
11. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- NOTIFICATIONS WILL BE DELIVERED AT ALL SCHEDULED TIMES.
- AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE.
- DEFECTS WILL BE CORRECTED.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY
NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) FOR THE APPLICATION. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION
WHATSOEVER WITH RESPECT TO THE APPLICATION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QWERTY CODE LLC BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APPLICATION.
- ANY CONTENT OBTAINED FROM THE APPLICATION, INCLUDING AI-GENERATED MATERIAL.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
- FAILURE TO DELIVER NOTIFICATIONS OR QUIZZES.
OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US
IN THE PREVIOUS 12 MONTHS OR (B) US$50.
QWERTY CODE LLC, AND NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS RELATING TO THE
APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION.
13. Indemnification
You agree to indemnify, defend, and hold harmless QWERTY Code LLC, its affiliates, officers,
directors, employees, agents, and licensors from and against any and all claims, damages,
obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees)
arising from:
- Your use of the Application.
- Your violation of this Agreement.
- Your violation of any third-party right, including intellectual property rights.
- Content you create or share through the Application.
14. Apple-Specific Terms
The following terms apply to your use of the Application obtained through the Apple App Store:
Acknowledgement
This Agreement is between you and QWERTY Code LLC only, and not with Apple Inc. ("Apple").
QWERTY Code LLC, not Apple, is solely responsible for the Application and its content.
Scope of License
The license granted to you is limited to a non-transferable license to use the Application on
any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in
the Apple Media Services Terms and Conditions.
Maintenance and Support
QWERTY Code LLC is solely responsible for providing maintenance and support services for the
Application. Apple has no obligation whatsoever to furnish any maintenance and support services
with respect to the Application.
Warranty
QWERTY Code LLC is solely responsible for any product warranties, whether express or implied by
law, to the extent not effectively disclaimed. In the event of any failure of the Application to
conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price
(if any) for the Application. To the maximum extent permitted by applicable law, Apple has no
other warranty obligation whatsoever with respect to the Application.
Product Claims
QWERTY Code LLC, not Apple, is responsible for addressing any claims you or any third party may
have relating to the Application or your possession and/or use of the Application, including but
not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection, privacy, or similar legislation.
Intellectual Property Claims
In the event of any third-party claim that the Application or your possession and use of the
Application infringes that third party's intellectual property rights, QWERTY Code LLC, not Apple,
will be solely responsible for the investigation, defense, settlement, and 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 Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance
of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third-party beneficiary thereof.
Developer Contact
For questions, complaints, or claims regarding the Application, contact:
QWERTY Code LLC
factic@qwertycode.org
15. Termination
- This Agreement is effective until terminated by you or by us.
- Your rights under this Agreement will terminate automatically if you fail to comply with any
of its terms.
- We may terminate or suspend your access immediately, without prior notice, for conduct that
we believe violates this Agreement or is harmful to the Service or other users.
- Upon termination, you must cease all use of the Application and delete all copies.
- Sections relating to ownership, disclaimers, limitations of liability, indemnification, and
Apple-specific terms survive termination.
16. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations,
including the Export Administration Regulations maintained by the U.S. Department of Commerce,
trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets
Control (OFAC), and the International Traffic in Arms Regulations maintained by the Department
of State.
17. Governing Law & Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State in which
QWERTY Code LLC maintains its principal place of business, without regard to its conflict of law
provisions.
Any dispute arising out of or relating to this Agreement shall be resolved through binding
arbitration administered by the American Arbitration Association under its Commercial Arbitration
Rules, except that either party may seek injunctive or equitable relief in a court of competent
jurisdiction to protect its intellectual property rights.
18. Changes to This Agreement
We reserve the right to modify this Agreement at any time. We will provide notice of material
changes through the Application or by other reasonable means. Your continued use of the Application
after the effective date of any changes constitutes your acceptance of the modified Agreement.
If you do not agree to the modified terms, you must stop using the Application and delete it from
your device.
19. Miscellaneous
- Entire Agreement: This Agreement, together with the Terms of Service and
Privacy Policy, constitutes the entire agreement between you and QWERTY Code LLC regarding
the Application.
- Severability: If any provision is held to be unenforceable, the remaining
provisions shall continue in full force and effect.
- No Waiver: Our failure to exercise or enforce any right or provision shall
not constitute a waiver of such right or provision.
- Assignment: We may assign this Agreement without restriction. You may not
assign or transfer this Agreement or your rights without our prior written consent.
- Force Majeure: We shall not be liable for any failure or delay caused by
events beyond our reasonable control, including natural disasters, acts of government,
internet outages, or service provider failures.
- Headings: Section headings are for convenience only and do not affect
interpretation.