Terms of Service

1. Agreement to Terms

By downloading, installing, or using the QuantQwik mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Shubham Tiwari ("we," "us," or "our") regarding your use of the QuantQwik application.

2. Eligibility

You must be at least 13 years of age to use this App. If you are under 18 years of age, you must have permission from a parent or legal guardian to use the App and agree to these Terms.

By using the App, you represent and warrant that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations

3. Description of Service

QuantQwik is a cognitive training application that provides:

3.1 Free Features

• Access to "Quick Calc" assessment
• Access to "80 in 8" assessment
• Basic performance tracking
• iCloud synchronization of settings and statistics

3.2 Premium Features (Subscription Required)

• Access to 10 additional premium assessments:
  • Percent Pro
  • Fraction Duel
  • Balloon Risk
  • Arrow Storm
  • Number Sense
  • Spot the Switch
  • Memory Matrix
  • Tower of Hanoi
  • 3D Mental Rotation
  • Lightning Tap
• Advanced performance analytics
• Full iCloud synchronization across all devices

4. Subscriptions and Payments

4.1 Subscription Plans

QuantQwik offers the following auto-renewing subscription options:

Pricing is displayed in the App and may vary by region based on local currency and App Store pricing tiers.

4.2 Payment and Billing

• All payments are processed through Apple's App Store
• Payment will be charged to your Apple ID account at confirmation of purchase
• 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
• You can manage and cancel your subscriptions by going to your App Store account settings after purchase

4.3 Free Trial

If we offer a free trial period, you will be charged the subscription fee when the trial period expires unless you cancel before the trial ends. Free trials are available only once per user.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your App Store account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• Refund requests must be submitted directly to Apple through the App Store
• We do not have access to or control over Apple's refund policies

4.5 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will take effect at the start of the next subscription period following notice to you.

5. License and Restrictions

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for personal, non-commercial purposes

5.2 Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any commercial purpose
• Rent, lease, lend, sell, or sublicense the App
• Use the App in any way that violates applicable laws or regulations
• Use automated systems or software to extract data from the App
• Attempt to gain unauthorized access to any portion of the App
• Interfere with or disrupt the App's functionality
• Use the App to transmit any harmful code or malware

6. Intellectual Property Rights

6.1 Ownership

The App, including all content, features, functionality, graphics, user interface, code, and documentation, is owned by Shubham Tiwari and is protected by:

• United States and international copyright laws
• Trademark laws
• Other intellectual property rights and laws

6.2 Trademarks

"QuantQwik" and all related logos, product names, and service names are trademarks of Shubham Tiwari. You may not use these marks without our prior written permission.

6.3 User Data

You retain all rights to your personal performance data and statistics generated through use of the App. We claim no ownership over your data.

7. User Conduct

You agree to use the App in a manner consistent with all applicable laws and regulations. You are solely responsible for your conduct while using the App.

Prohibited conduct includes, but is not limited to:

• Harassing, threatening, or intimidating other users (if social features are added)
• Posting or transmitting any unlawful, harmful, or objectionable content
• Impersonating any person or entity
• Attempting to manipulate or cheat the App's scoring systems
• Using the App for any fraudulent or illegal purpose

8. Privacy and Data Collection

8.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

8.2 iCloud Storage

The App uses Apple's iCloud Key-Value Storage to synchronize your:

• Game settings and preferences
• Best scores and performance statistics

This data is stored in your personal iCloud account and is subject to Apple's iCloud Terms and Conditions.

8.3 No Analytics

We do not collect analytics, usage data, or any personally identifiable information beyond what is stored in your iCloud account.

9. Third-Party Services

9.1 Apple Services

The App relies on Apple services including:

• App Store for distribution and payments
• iCloud for data synchronization
• StoreKit for subscription management

Your use of these services is subject to Apple's Terms and Conditions.

9.2 No Other Third Parties

The App does not integrate with any third-party analytics, advertising, or tracking services.

10. Disclaimers and Limitations of Liability

10.1 "AS IS" Basis

The app is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or availability

10.2 No Medical Claims

The App is designed for entertainment and educational purposes only. We make no claims that the App will:

• Improve cognitive function
• Enhance job performance
• Guarantee success in interviews or examinations
• Provide any medical or therapeutic benefits

10.3 Limitation of Liability

To the maximum extent permitted by law, in no event shall Shubham Tiwari be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your use or inability to use the App
• Damages arising from unauthorized access to your data

Our total liability shall not exceed the amount you paid for the app in the 12 months preceding the claim.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shubham Tiwari and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

12. Termination

12.1 Termination by You

You may stop using the App at any time by:

• Deleting the App from your device
• Canceling your subscription through the App Store

12.2 Termination by Us

We reserve the right to:

• Suspend or terminate your access to the App at any time, with or without notice
• Modify or discontinue the App or any features at any time
• Refuse service to anyone for any reason

12.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ceases
• You must delete all copies of the App from your devices
• Provisions that by their nature should survive termination will survive (including ownership, disclaimers, and limitations of liability)

13. Changes to Terms

13.1 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending a notification through the App (if applicable)

13.2 Acceptance of Changes

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

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Informal Negotiation: Contact us at support@quantqwik.com to attempt to resolve the dispute informally
2. Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules
3. Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions

14.3 Exceptions

Notwithstanding the above, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

15. Apple-Specific Terms

15.1 Acknowledgment

You acknowledge that:

• These Terms are between you and Shubham Tiwari, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing any claims relating to the App

15.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

15.3 Compliance

You represent that:

• You are not located in a country subject to a U.S. Government embargo
• You are not listed on any U.S. Government list of prohibited or restricted parties

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms or your use of the App.

16.6 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

17. Contact Information

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

18. Acknowledgment

By using the app, you acknowledge that you have read these terms of service, understand them, and agree to be bound by them.