Terms of Use & End User License Agreement (EULA) — Facette

This document governs the use of the “Facette” app and serves both as Terms of Use and as an End User License Agreement (“EULA”) between you as the end user and the provider. Please read it carefully before using the app.

1. Provider & Provider Identification (Imprint)

The provider and sole entity responsible for the “Facette” app and its contents is:

Andreas Putzinger
Austria
Email: feedback@facette.life

The complete provider details and the summonable postal address are set out in the Imprint (pursuant to § 5 Austrian E-Commerce Act (ECG) and §§ 24, 25 Media Act (MedienG)). Any VAT identification number will be added in the event of commercial distribution.

2. Scope & Contractual Relationship

2.1 These terms apply to the use of the “Facette” app on iPhone, iPad, and Mac.

2.2 This contract is concluded exclusively between you and the provider — not with Apple. Apple Inc. or the respectively responsible Apple subsidiary (together “Apple”) is not a party to this contract. The provider alone — and not Apple — is responsible for the app and its contents.

2.3 In addition, the Apple Usage Rules from the respectively current Apple Media Services / App Store Terms apply, as well as, insofar as not replaced by the provider through this EULA, Apple’s standard Licensed Application End User License Agreement (available at https://www.apple.com/legal/internet-services/itunes/). In the event of conflicts, mandatory provisions of Apple as well as mandatory consumer law take precedence over these terms.

2.4 A consumer within the meaning of these terms is any natural person who uses the app for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

3. Description of Services

3.1 Facette is an app for daily, playful, and honest brain training. It offers a free basic package as well as optional paid “Facette Pro” features (see Section 8).

3.2 Local-first: Facette is designed so that no personal data leaves the device. There is no user account, no tracking, no advertising identifiers, and no provider-owned servers. Game progress and settings remain locally on your device or — insofar as you activate this in the system settings — in your personal iCloud. Details are governed by the Privacy Policy.

3.3 The app is provided in the form respectively offered (“as is”, to the extent legally permissible). There is no entitlement to any particular future functions, content, or further developments. The provider may change, add, update, or remove content, games, and features and may change or restrict the availability of the app or individual features on individual platforms (iPhone, iPad, Mac) or regions at any time, to the extent legally permissible (see Section 16).

4. Grant of License (EULA)

4.1 The provider grants you a non-exclusive, personal, non-transferable, and non-sublicensable right to use the app on the Apple devices connected to your Apple ID or in your possession or under your control, exclusively for private, non-commercial purposes and to the extent of the Apple Usage Rules of the Apple Media Services Terms and Conditions.

4.2 The license includes use on all supported platforms within the scope of the Universal Purchase (iPhone, iPad, and Mac). Insofar as the respective product is offered as shareable via Apple Family Sharing, the Apple Usage Rules apply thereto.

4.3 The license is bound to this contractual relationship and terminates automatically when you are no longer permitted to use the app lawfully.

5. Permitted & Prohibited Use

5.1 The intended private use of the app within the scope of these terms and the Apple Usage Rules is permitted.

5.2 In particular, the following is prohibited, insofar as not mandatorily permitted by law:

• to reproduce, rent, lend, sell, pass on, distribute, or make the app publicly accessible;
• to modify, edit, decompile, disassemble, or otherwise reverse engineer the app;
• to circumvent protection, security, or license mechanisms;
• to incorporate the app or parts thereof into other products or to create derivative works.

5.3 Legally mandatorily permitted acts remain unaffected, in particular those to establish interoperability as well as to correct errors to the extent legally permissible (cf. Sections 40d et seq. of the Austrian Copyright Act, UrhG).

6. Ownership & Intellectual Property

6.1 The app, its source and object code, its design, texts, graphics, logos, the name “Facette”, as well as all other contents are protected by copyright and ancillary copyright law and remain the property of the provider or its licensors.

6.2 With this contract, only the usage rights specified in Section 4 are granted to you. All rights not expressly granted remain with the provider.

7. Apple-Specific Provisions (Mandatory Minimum Terms)

The following provisions apply supplementarily and take precedence over conflicting provisions of this contract. They implement the minimum terms required by Apple for a provider-owned EULA:

7.1 Contracting Parties. This EULA is concluded exclusively between you and the provider, not with Apple. The provider — not Apple — is solely responsible for the app and its contents.

7.2 Maintenance & Support. Responsibility for maintenance and support services with respect to the app lies solely with the provider. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.

7.3 Warranty. To the extent legally permissible, Apple provides no warranty whatsoever for the app. Should the app fail to conform to any applicable warranty requirements, you may notify Apple thereof; in such a case, Apple will, where applicable, refund any purchase price you paid. To the maximum extent permitted by law, Apple has no further warranty obligation whatsoever; any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty requirements are the sole responsibility of the provider.

7.4 Claims Relating to the App. The provider — not Apple — is responsible for addressing any claims that you or third parties assert in connection with the app or its possession and/or use, in particular: (a) product liability claims; (b) claims arising from a failure to conform to applicable legal or regulatory requirements; and (c) claims under consumer protection, data protection, or similar legislation. Mandatory statutory rights remain unaffected.

7.5 Third-Party Rights (IP). In the event that a third party claims that the app or your possession and use of the app infringes that third party’s intellectual property rights, the provider alone — not Apple — is responsible for the investigation, defense, settlement, and discharge of any such claim.

7.6 End User Legal Representations. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

7.7 Third-Party Terms. You must comply with all applicable third-party terms when using the app (e.g., the terms of your mobile or data plan).

7.8 Apple as Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

8. Facette Pro — Purchases, Billing & Refunds (Exclusively via Apple)

8.1 Processing Exclusively via Apple. All purchases, subscriptions, their renewal, management, cancellation, and refund are handled exclusively via Apple and your Apple ID account (StoreKit / App Store). The contractual partner for payment processing is Apple. The provider can neither collect payments nor issue refunds itself and has no access to your payment data.

8.2 Authoritative Price. The subject matter of the contract is always the price respectively displayed in the App Store purchase dialog in your region and currency. The rates below are for information only and reflect the status as of July 2026; they are subject to change. Solely the display in the Apple purchase dialog at the time of purchase is authoritative:

All products apply cross-device as a Universal Purchase (iPhone, iPad, Mac).

8.3 Automatic Renewal. Auto-renewing subscriptions renew for the respective term at the then-applicable price displayed in the App Store, unless cancelled via the Apple ID at least 24 hours before the end of the current period. Billing is carried out through your Apple ID account.

8.4 Management & Cancellation. Management and cancellation of your subscriptions are possible at any time in the settings of your Apple ID. A free trial period is forfeited (on a pro-rata basis) if you purchase a subscription during the trial. You can reactivate earlier purchases in the app via “Restore Purchase”.

8.5 Refunds. Refunds are made exclusively via Apple in accordance with the respectively applicable Apple terms (e.g., via https://reportaproblem.apple.com). Mandatory consumer-law claims against the provider remain unaffected (see Section 7.4).

9. Right of Withdrawal for Digital Content

9.1 Facette Pro constitutes digital content/services that are not supplied on a tangible medium.

9.2 The statutory right of withdrawal lapses prematurely once provision has begun after you have expressly consented to performance beginning before expiry of the withdrawal period and have acknowledged your awareness that you thereby lose your right of withdrawal (cf. Section 18(1) no. 11 of the Austrian Distance and Off-Premises Transactions Act, FAGG, and Art. 16 of the Consumer Rights Directive). By immediately accessing the Pro features, you consent to immediate provision.

9.3 The practical handling of any withdrawal or refund is governed by Apple’s terms (Section 8.5). Mandatory consumer-law rights of cancellation, withdrawal, and warranty remain unaffected.

10. Discontinuation of the Service & “Lifetime”

10.1 The provider may in the future change, discontinue, or cease the distribution of the app and individual functions — for example for economic, technical, or legal reasons (e.g., in the event of changes to operating systems or Apple’s App Store requirements).

10.2 The “Lifetime” purchase is a one-off purchase for use of the app in the form offered. “Lifetime” refers to the lifespan of the product, not to a guaranteed, indefinite period of operation, and is not an assurance of perpetual operation and no guarantee that the app will remain operable on all future devices or operating system versions.

10.3 If the app is discontinued, there is — to the extent legally permissible — no entitlement to continued operation, to the provision of a replacement, to a refund from the provider, or to damages. Mandatory statutory rights remain unaffected, in particular warranty and update obligations for digital products under EU / Austrian consumer law (Austrian Consumer Warranty Act, VGG, or Directive (EU) 2019/770), liability for intent and gross negligence, as well as for damage arising from injury to life, body, or health. Any refund is in every case governed exclusively by Apple’s terms (Section 8.5).

11. Health Notice (Important — Honest Training)

11.1 Facette is not a medical device and does not serve the diagnosis, treatment, cure, alleviation, or prevention of diseases.

11.2 Facette promises no higher IQ, no general increase in intelligence, and no dementia prevention or treatment.

11.3 What is essentially demonstrable is that regular practice makes you measurably better at the specifically trained tasks (near transfer). Any transfer beyond this to general cognitive abilities in everyday life (far transfer) is not scientifically established and is not promised by Facette.

11.4 Facette does not replace medical, therapeutic, or psychological advice. If you have health complaints, please consult qualified medical professionals.

12. Availability & Warranty

12.1 The app is provided with reasonable care. However, the provider assumes — to the extent legally permissible — no guarantee of uninterrupted or error-free availability, of the freedom from defects of the app, or of the achievement of a particular (training) success. The app is provided “as is” to the extent legally permissible.

12.2 Mandatory statutory warranty and update rights of consumers remain unaffected, including the obligations for digital products under EU / Austrian law.

13. Liability

13.1 The provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body, or health, under the Product Liability Act, as well as in all other cases of mandatory statutory liability.

13.2 In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation) — that is, an obligation whose fulfillment makes the proper use of the app possible in the first place and on whose observance you may regularly rely — liability is limited to the foreseeable damage typical for this type of contract.

13.3 Otherwise, liability for slight negligence is — to the extent legally permissible — excluded.

13.4 This liability provision applies only to the extent permissible under mandatory consumer law. Mandatory statutory rights and claims going beyond this remain unaffected. The foregoing provisions do not entail any change in the burden of proof to your disadvantage.

14. Severability Clause

Should individual provisions of this contract be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. Vis-à-vis consumers, the respectively applicable statutory provision takes the place of an invalid provision; a validity-preserving reduction to the detriment of consumers does not take place.

15. Applicable Law & Dispute Resolution

15.1 Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws referral rules.

15.2 If you are a consumer, the mandatory consumer protection provisions of the state of your habitual residence remain unaffected by this choice of law (Art. 6 of the Rome I Regulation).

15.3 Place of Jurisdiction. For actions by the provider against consumers, the court at the consumer’s place of residence has exclusive jurisdiction. Consumers may sue the provider at its general place of jurisdiction or — where permissible — at the court of their own place of residence. For users who are not consumers, the registered seat of the provider is the place of jurisdiction.

15.4 Online Dispute Resolution. Note: The European Commission provided a platform for online dispute resolution (operation discontinued as of 20 July 2025). The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and is generally not willing to do so.

16. Changes to Content, Features & Availability

16.1 The provider may at any time, to the extent legally permissible and without being obliged to state reasons, add, change, update, restrict, or remove content, games, features, and functions, and may change or discontinue the availability of the app or of individual features on individual platforms (iPhone, iPad, Mac) or in individual regions, in whole or in part.

16.2 There is no entitlement to the continued availability of a specific content item, feature, game, platform, or region. For paid features already acquired, the provider will keep any material impairment to what is necessary.

16.3 Mandatory statutory rights — in particular warranty and update obligations for digital products under EU / Austrian consumer law — remain unaffected.

17. Release from Liability (Indemnification)

To the extent legally permissible and insofar as you are responsible for it, you shall release the provider from justified third-party claims that arise from your unlawful use of the app or from a culpable breach of these terms by you. This does not apply to the intended, lawful private use of the app, does not affect mandatory consumer protection, and is in every case limited to your own fault (your contribution to the cause).

18. Miscellaneous

18.1 Force majeure. To the extent legally permissible, the provider is not responsible for non-performance or delay caused by circumstances beyond its reasonable control (e.g., outages of Apple services, networks, or infrastructure, official orders, force majeure).

18.2 Assignment. The provider may transfer its rights and obligations under this contract, in whole or in part, to a third party, provided this does not diminish your rights (in particular already acquired usage rights). You may transfer your rights under this contract only with the provider’s prior consent.

18.3 Entire agreement. These terms, together with the Apple Usage Rules and the Privacy Policy, constitute the entire agreement between you and the provider regarding the use of the app and supersede prior arrangements on this subject matter. Deviating general terms of the user do not apply.

18.4 No waiver. If the provider does not enforce a provision of these terms, this does not constitute a waiver of that or any other provision.

18.5 Feedback. If you voluntarily send the provider suggestions or feedback, the provider may use these without restriction and free of charge to improve the app, without any obligation arising to you.

19. Minimum Age

Use of the app and the conclusion of this contract require the minimum age applicable in your country for the use of the App Store and for concluding such a contract. Minors may use the app and make purchases only with the consent of a parent or legal guardian, who accepts these terms on their behalf and is responsible for supervision (including Apple Family Sharing and youth-protection settings).

20. Changes to These Terms

These terms may be adjusted in the event of changes to the app, the offering, or the legal situation. For ongoing subscriptions, changes apply at the earliest from the next renewal period; material changes will be made reasonably identifiable. The respectively current version can be viewed in the app under Settings → Legal & Privacy and at facette.life. Your continued use after a change takes effect is deemed acceptance, to the extent legally permissible; mandatory consumer rights remain unaffected.

21. Contact

Andreas Putzinger · Email: feedback@facette.life · Full provider details: Imprint.