EULA · 13 OCTOBER 2026
End User License Agreement.
This agreement is between you and Spring Digital Commerce LLC (Wilmington, Delaware, United States), the “Licensor”, for the SharpBrain app (the “Licensed Application”). It sits alongside our terms of use and privacy policy. Where it is silent, Apple's standard Licensed Application End User License Agreement applies. Apple is not a party to this agreement.
1. Scope of licence
We grant you a non-transferable licence to use the Licensed Application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense it and, if you sell your device to a third party, you must remove it first. You may not copy, reverse engineer, disassemble, decompile or create derivative works of the Licensed Application or its updates, except as permitted by law.
2. Consent to use of data
You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, gathered periodically to facilitate software updates, product support and other services related to the Licensed Application. We use this information, as long as it is in a form that does not personally identify you, to improve our products and services. Personal data is handled as described in the privacy policy.
3. Termination
This licence is effective until terminated by you or us. Your rights end automatically if you fail to comply with any of its terms. On termination you must stop using and delete all copies of the Licensed Application.
4. External services
The Licensed Application may enable access to our own and third-party services and websites (together, “External Services”). You agree to use them at your own risk. We are not responsible for examining or evaluating the content or accuracy of third-party External Services. You agree not to use External Services in any way inconsistent with this agreement or that infringes the rights of others, and we may change, suspend or remove External Services at any time.
5. No warranty
You expressly acknowledge that use of the Licensed Application is at your sole risk. To the maximum extent permitted by law it is provided “as is” and “as available”, with all faults and without warranty of any kind, and we disclaim all warranties, express, implied or statutory, including merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this may not apply to you. SharpBrain is a game and does not claim to improve intelligence or health.
6. Limitation of liability
To the extent not prohibited by law, in no event shall we be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including loss of profits, loss of data, business interruption or other commercial damages, arising from your use of or inability to use the Licensed Application, however caused. In no event shall our total liability for all damages exceed the amount of fifty dollars (US$50.00) or the amount you paid us in the twelve months before the claim, whichever is greater. Nothing limits liability that cannot be limited by law.
7. Export
You may not use or export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which it was obtained. You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and are not on any US Government list of prohibited or restricted parties.
8. Third-party terms
You must comply with any applicable third-party terms when using the Licensed Application, for example your wireless data service agreement when using it over a mobile network, and Apple's Media Services Terms and Conditions. Nothing in this agreement overrides those terms.
9. Government end users
The Licensed Application and related documentation are “Commercial Items” as defined at 48 C.F.R. §2.101, licensed to US Government end users only as Commercial Items with the rights granted to all other end users under this agreement.
10. Maintenance, support and claims
We, not Apple, are responsible for the Licensed Application and its content, for providing maintenance and support (contact bas@springdigitalcommerce.com or see support), for any product warranty, and for addressing any claims by you or a third party relating to the Licensed Application, including product liability claims, claims that it fails to conform to legal or regulatory requirements, and claims under consumer protection or similar law. If the Licensed Application fails to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price to you; to the maximum extent permitted by law Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
11. Intellectual property
If a third party claims that the Licensed Application infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of the claim.
12. Governing law
This agreement is governed by the laws of the State of Delaware, United States, excluding its conflicts of law rules. If you are a consumer in the European Union, United Kingdom or another country with mandatory consumer law, you keep the protection of that law.
13. Developer name, address and contact
Spring Digital Commerce LLC, Wilmington, Delaware, United States. Questions, complaints and claims about the Licensed Application go to bas@springdigitalcommerce.com (telephone contact is provided on request by email). Support: sharpbrain.app/support.