Terms of Use

1. Introduction & Acceptance

These Terms of Use ("Terms") govern your access to and use of the Numbio mobile application ("App"), operated by Peter Schmidt, an individual developer based in Germany ("Developer", "we", "us", "our").

Numbio is a mental math training application that helps users practice arithmetic skills through exercises, games, challenges, and AI-powered coaching.

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

These Terms supplement the Apple Standard End User License Agreement ("Apple EULA"), which also applies to your use of the App. In the event of a conflict between these Terms and the Apple EULA, the Apple EULA shall govern to the extent required by Apple's policies.

2. Definitions

• "App" means the Numbio mobile application, including all updates, upgrades, and new versions.

• "Services" means all features, functionality, and content provided through the App.

• "Content" means all text, graphics, images, audio, data, exercises, tips, and other materials available through the App.

• "User" or "you" means any individual who accesses or uses the App.

• "Subscription" means a recurring paid plan that unlocks premium features ("Numbio Pro").

• "User Content" means any content, data, or materials created or submitted by users through the App, including custom training configurations.

• "AI Features" means features powered by artificial intelligence, including the AI Coach.

3. Eligibility

Numbio is a general-audience application. Account creation and use of the App's online features (including AI Coach, cloud sync, and leaderboards) are intended for individuals aged 16 or older.

If a parent or legal guardian wishes to allow a younger person to use the App, the parent or guardian must create and manage the account on the child's behalf. By doing so, the parent or guardian agrees to these Terms and to our Privacy Policy, accepts full responsibility for the child's use of the App, and confirms that they have the legal authority to provide consent for data processing on the child's behalf.

We do not knowingly collect personal information directly from children. If we learn that personal data has been collected from a child without appropriate parental involvement, we will take steps to delete that information promptly.

4. Account Registration

To access certain features, you may create an account using an email address, Apple Sign-In, Google Sign-In, or use the App anonymously.

You agree to:

• Provide accurate, current, and complete information during registration.

• Maintain and update your information to keep it accurate and complete.

• Keep your account credentials secure and confidential.

• Notify us immediately of any unauthorized use of your account.

• Maintain only one account per person.

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from unauthorized access to your account.

Anonymous accounts have limited functionality and cannot be recovered if access is lost.

5. License & Use

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 Apple devices that you own or control, for personal, non-commercial purposes.

This license is in addition to, and governed by, the Apple Standard EULA.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App or its Content.

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.

• Scrape, crawl, or use automated means to extract data or Content from the App.

• Use the App for any unlawful, harmful, or fraudulent purpose.

• Interfere with or disrupt the integrity or performance of the App or its servers.

• Circumvent, disable, or otherwise interfere with security-related features of the App.

• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

• Use the App to develop a competing product or service.

• Remove, alter, or obscure any proprietary notices, labels, or marks on the App.

6. Subscriptions & Payments

6.1 Numbio Pro

Numbio offers a premium subscription ("Numbio Pro") that unlocks additional features and content. Subscription options and pricing are displayed within the App.

6.2 Billing & Auto-Renewal

Subscriptions are billed through your Apple ID account via the App Store. Subscriptions automatically renew at the end of each billing period unless you cancel 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.

6.3 Free Trials

We may offer free trial periods. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged.

6.4 Cancellation

You can manage and cancel your subscription at any time through your Apple ID account settings or the App Store. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until then.

Important: Uninstalling the App does not cancel your subscription. You must cancel through the App Store.

6.5 Refunds

All payments are processed by Apple. We do not process refunds directly. To request a refund, contact Apple Support or visit reportaproblem.apple.com.

By using the App and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. Such data sharing is done in compliance with Apple's policies and only as necessary to process refund requests. For details on what data is shared, see our Privacy Policy.

6.6 Price Changes

We reserve the right to change subscription prices. Price changes will be communicated in advance through the App or the App Store. Continued use of the subscription after a price change constitutes acceptance of the new price. You may cancel before the new price takes effect.

7. AI-Powered Features

7.1 AI Coach

Numbio includes an AI Coach feature powered by Google AI (Gemini). The AI Coach provides personalized math tips, explanations, and encouragement based on your activity.

7.2 Accuracy & Limitations

AI-generated content is provided for informational and entertainment purposes only. AI outputs:

• May not always be accurate, complete, or up to date.

• Should not be relied upon as the sole basis for educational, cognitive, or academic decisions.

• Are generated algorithmically and do not constitute professional advice of any kind.

7.3 No Guarantees

We do not guarantee the accuracy, reliability, or suitability of any AI-generated content. You use AI features at your own discretion and risk.

7.4 Data Processing

Data processed by AI features is handled in accordance with our Privacy Policy and Google's applicable terms and policies.

8. User Content & Feedback

8.1 User Content

You may create custom training configurations and other limited User Content within the App. You retain ownership of your User Content, but grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Services.

8.2 Feedback

If you provide feedback, suggestions, ideas, or other communications regarding the App ("Feedback"), you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, incorporate, and otherwise exploit such Feedback for any purpose without obligation of compensation, attribution, or confidentiality.

9. Intellectual Property

All Content, features, functionality, design, trademarks, trade names, logos, graphics, and other intellectual property associated with the App are and remain the exclusive property of Peter Schmidt or our licensors.

Nothing in these Terms transfers any intellectual property rights to you, except for the limited license granted in Section 5.

10. Educational Disclaimer

Numbio is a recreational math practice application. Numbio is not an educational institution, certified learning platform, or cognitive training program.

We make no representations, warranties, or guarantees that use of the App will:

• Improve your mathematical ability, cognitive function, or mental performance.

• Lead to specific academic results, test scores, or educational outcomes.

• Serve as a substitute for formal education, tutoring, or professional instruction.

The exercises, statistics, and performance data provided by the App are for recreational and self-tracking purposes and should not be interpreted as professional assessments.

11. Intellectual Property Complaints

We respect the intellectual property rights of others and expect our users to do the same.

If you believe that any content available through the App infringes your intellectual property rights, please contact us at hello@numbio.com with a description of the alleged infringement. We will review all legitimate complaints and take appropriate action.

We reserve the right to remove content and terminate accounts of users who repeatedly infringe the intellectual property rights of others.

12. Third-Party Services

The App integrates with and relies on third-party services, including but not limited to:

• Firebase (Google) — analytics, crash reporting, data storage

• RevenueCat — subscription management

• Apple Game Center — leaderboards and achievements

• Google AI (Gemini) — AI-powered features

These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk.

13. Privacy

Your privacy is important to us. Our collection, use, and handling of personal data is described in our Privacy Policy, available at numbio.com/privacy.

By using the App, you acknowledge that you have read and understood our Privacy Policy. The Privacy Policy forms an integral part of these Terms.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT:

• The App will be uninterrupted, timely, secure, or error-free.

• The results obtained from the App will be accurate or reliable.

• Any errors in the App will be corrected.

• The App will be compatible with all devices or operating systems.

YOUR USE OF THE APP IS AT YOUR OWN RISK.

Note for EU consumers: This disclaimer does not affect your statutory rights under applicable consumer protection laws that cannot be waived or limited by contract.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT 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, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.

15.2 Mandatory Liability Under German Law

Nothing in these Terms shall limit or exclude liability for:

• Damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

• Injury to life, body, or health (Verletzung des Lebens, des Körpers oder der Gesundheit).

• Liability under the German Product Liability Act (Produkthaftungsgesetz).

• Any other liability that cannot be limited or excluded under applicable mandatory law.

15.3 Essential Contractual Obligations

In cases of slight negligence (einfache Fahrlässigkeit), liability is limited to breaches of essential contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten), and in such cases, liability shall be limited to foreseeable, typically occurring damages.

16. Indemnification

You agree to indemnify, defend, and hold harmless Peter Schmidt from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms.

• Your misuse of the App.

• Your violation of any applicable laws or regulations.

• Your infringement of any third-party rights.

Note for EU consumers: This indemnification clause may have limited enforceability in certain EU jurisdictions where consumer protection laws restrict such provisions. Nothing herein is intended to override your mandatory statutory rights.

17. Termination & Account Deletion

17.1 Termination by Developer

We may suspend, restrict, or terminate your access to the App or your account at any time, for any reason or no reason, without prior notice or liability.

17.2 Termination by User

You may terminate your account at any time by using the account deletion feature within the App.

17.3 Effects of Account Deletion

Account deletion is permanent and irreversible. Upon deletion:

• All personal data associated with your account will be removed from our systems promptly.

• Your progress, statistics, and custom content will be permanently lost.

• Anonymized and aggregated analytics data (which cannot identify you) may be retained.

17.4 Subscriptions After Termination

Important: Deleting your account or having your account terminated does not automatically cancel your subscription. You must manage and cancel your subscription through the App Store to avoid continued billing.

17.5 Surviving Provisions

Sections 8.2 (Feedback), 9 (Intellectual Property), 10 (Educational Disclaimer), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 20 (Governing Law & Jurisdiction), and this Section 17.5 shall survive termination of these Terms.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes become effective upon posting or, for material changes, upon notice provided through the App or via email.

Your continued use of the App after any modification constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.

We encourage you to review these Terms periodically.

19. Modifications to App

We reserve the right to modify, update, suspend, or discontinue any part of the App or its features at any time, with or without notice, and without liability to you.

We are not obligated to maintain, support, or update the App or to provide any specific features or content.

20. Governing Law & Jurisdiction

20.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (UN CISG).

20.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Münster, Germany.

20.3 EU Consumer Rights

If you are a consumer residing in the European Union, nothing in this section shall deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence, or of your right to bring proceedings in the courts of that country, as guaranteed under Regulation (EU) No 1215/2012 (Brussels I Regulation).

20.4 No Arbitration

We do not require arbitration. All disputes shall be resolved exclusively through the courts as described above.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

22. Entire Agreement

These Terms, together with the Apple Standard EULA and our Privacy Policy, constitute the entire agreement between you and the Developer regarding your use of the App, and supersede all prior agreements, representations, and understandings.

23. Contact Information

If you have questions about these Terms, please contact us:

Peter Schmidt
c/o POSTFLEX PFX-240-632
Emsdettener Str. 10
48268 Greven

Email: hello@numbio.com