Terms and Conditions — BrainMaxx

Last Updated: September 25, 2026

Juan Vizoso Prado - JV Studio, Einzelunternehmen ("BrainMaxx", "we", "us", or "our"), based in Germany, with registered address at August Bebel Allee 3, 28329 Bremen, Germany, operates the BrainMaxx mobile application ("App") and any associated website (collectively, the "Service").

These Terms and Conditions ("Terms") govern your access to and use of the Service. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

Notice to U.S. residents: these Terms include a binding arbitration provision and a class-action waiver in Section 19. Please read carefully.

1. Description of the Service

BrainMaxx is an iOS productivity App that combines:

• A Brain Health score that starts each day at 100, falls with your screen time at a rate set by the difficulty you choose, and rises when you complete tasks in the App. The score is computed on your device from Apple's Screen Time data and is illustrated by an animated brain character.
• A task library (built-in and custom tasks) with optional photo verification (analysed by AI through OpenRouter), on-device smile detection, and on-device exercise counting.
• An optional App-Blocking feature using Apple's Family Controls / Screen Time framework, in which you choose which apps to block, on which days and hours, and which apps should not count against your Brain Health.
• Interventions: when you try to open a blocked app, the App can prompt you with a short exercise (for example a breathing exercise, a message thread, or a video call with your brain) before you decide whether to take a timed break from blocking.
• An app-open streak that unlocks cosmetic backgrounds.
• Subscription tiers (weekly and annual) managed via the Apple App Store and RevenueCat.

We may add, modify, suspend, or discontinue parts of the Service at any time, with or without notice, except where prohibited by law.

2. Eligibility

You must be at least thirteen (13) years old to use the Service. If you are between 13 and 16 (or the applicable digital-consent age in your jurisdiction), you may only use the Service with the verifiable consent of a parent or legal guardian. The Service is not intended for children under 13.

You also represent that:

• You are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country.
• You are not on any U.S. Government list of prohibited or restricted parties.
• You have the legal capacity to enter into a binding agreement.
• You will comply with all applicable local, national, and international laws when using the Service.

We may request proof of parental consent at any time and may suspend or terminate accounts that do not satisfy these requirements.

3. Accounts and Registration

You may use the App in the following ways:

• Sign in with Apple — recommended; allows your data to sync across devices and protects you from data loss.
• Email and password — alternative sign-up flow.
• Anonymous use — you can use the App without creating a permanent account, in which case your data is associated with a randomly generated identifier. Anonymous accounts are not recoverable if your device is lost or reset.

You agree to:

• Provide accurate information when creating or updating your account (name, email, etc.). You may use Apple's "Hide My Email" relay if you wish.
• Keep your account credentials and device secure and confidential.
• Be responsible for all activity that occurs under your account.
• Notify us promptly at support@doerpal.com if you suspect unauthorised use of your account.

We may suspend or terminate your account at our reasonable discretion if you violate these Terms or applicable law, or if your account creates a security or fraud risk.

4. Subscriptions, In-App Purchases, and Brain Health Points

a. Free Use and Premium Subscription

The App is free to install and use for basic functionality. Access to the App's core functionality requires a paid subscription to "BrainMaxx Pro". We currently offer:

• A weekly subscription that auto-renews each week unless cancelled.
• An annual subscription that auto-renews each year unless cancelled.

Subscription pricing, features, and offering structure may change. The current price and renewal terms are shown on the in-App paywall before you complete a purchase. Prices are shown in your local currency on the in-App paywall, may vary by region, and are subject to change for future billing periods.

b. Apple App Store Billing

All subscriptions and purchases are processed through your Apple ID and the Apple App Store under Apple's payment terms. Payment is charged to your Apple ID at confirmation of purchase. Your subscription automatically renews at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period. To cancel:

• Open Settings on your iPhone or iPad.
• Tap your name → Subscriptions.
• Select BrainMaxx and tap Cancel Subscription.

If you cancel, you keep access to BrainMaxx Pro until the end of the current billing period. There is no minimum term; you can cancel at any time.

Deleting the App or your BrainMaxx account does not automatically cancel your Apple subscription. You must cancel through your Apple ID settings.

We use RevenueCat to manage entitlements and validate App Store receipts. RevenueCat does not process payments; Apple is the merchant of record.

c. Refunds

Refunds for App Store subscriptions are handled exclusively by Apple under Apple's refund policy. We cannot issue refunds directly. To request a refund, visit https://reportaproblem.apple.com or see https://support.apple.com/en-us/118223. Statutory consumer rights (including the EU 14-day withdrawal right and the UK Consumer Rights Act 2015) are not affected by this clause.

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 is limited to the information described in Section 2.c of our Privacy Policy (such as whether the purchased content was delivered to you) and helps Apple decide refund requests fairly.

d. Free Trials and Promotional Offers

If we offer a free trial or promotional offer, the conditions (length, eligibility, conversion to paid, etc.) will be shown at the time of offer. After any trial period, the subscription will renew automatically at the standard price unless cancelled at least 24 hours before the trial ends.

e. Brain Health Points

The App includes an in-App points system:

• You earn points by completing tasks; the amount depends on the task (and, for counted exercises, on how many repetitions you complete).
• Points raise your Brain Health score for the current day only and reset daily.
• Points have no monetary value, are not redeemable for cash or any other consideration, cannot be spent on anything, and are non-transferable between users or accounts.
• Points are not purchasable with real money. We do not sell points.
• We may, at our reasonable discretion, modify, suspend, or discontinue the points system, including changing earn rates and the score formula, without compensation. We will provide reasonable notice for material changes.

f. Taxes

You are responsible for any taxes (sales, VAT, GST) that apply to your subscription, except to the extent included in the displayed price.

5. App Blocking and Screen Time

The App-Blocking feature relies on Apple's Family Controls / Screen Time framework. By using this feature you understand that:

• You must explicitly grant Screen Time / Family Controls authorisation. You can revoke this at any time in iOS Settings.
• Apple, not BrainMaxx, controls how blocking is enforced. We receive limited app-blocking configuration information made available through Apple's Family Controls / Screen Time framework so that we can apply your block lists and schedules and manage breaks. When the blocking shield appears, the App reads the blocked app's display name to show it. We do not see what you are doing inside other apps, and we do not collect screen contents, keystrokes, messages, browsing activity, or live screen recordings.
• Breaks: an intervention may let you pause blocking for a period you choose. Breaks are free and unlimited; we may change their length or availability.
• Brain Health score: your score is an estimate computed from Screen Time data on your device. It is a motivational game mechanic, not a measurement of your cognitive or mental health.
• Apple's Screen Time framework is not infallible. There may be edge cases (e.g., system reboots, iOS updates, certain app types, hardware issues) where blocking is delayed, partial, or not enforced.
• The App is not a substitute for self-discipline, professional treatment, or supervision (e.g., for minors or for users with compulsive technology-use issues). BrainMaxx is a productivity tool, not a medical or behavioural-health service.

You agree that we are not liable for any consequences of apps being blocked, unblocked, or not blocked at the precise moment you expected.

6. AI Features and Disclaimer

The App uses AI to:

• Analyse photos you submit for task verification, and automatic check-in images during "watched" timed tasks, using AI models accessed through OpenRouter.
• Generate a short description of suitable proof photos from the titles of custom photo tasks you create.

You acknowledge and agree that:

• AI output may be incorrect, incomplete, biased, or inappropriate. You should not rely on AI output for decisions affecting your health, safety, finances, legal status, or relationships. Always consult a qualified professional for medical, legal, financial, or psychological matters.
• BrainMaxx is not a medical, mental-health, or wellness service. Nothing in the App constitutes diagnosis, treatment, or professional advice.
• Photo verification can produce false positives or false negatives. A photo being approved or rejected by AI is not a determination that you have or have not actually completed a task. The verification result is for motivational and gamification purposes only.
• Smile detection is performed on-device using Apple's Vision / Core Image frameworks. No biometric template is stored or transmitted, and we do not perform identity verification.
• You are responsible for the content you submit, including photos and task titles. You must not submit content that violates Section 8 (Acceptable Use).

If you encounter AI output you believe is harmful, defamatory, or violates these Terms, please report it to support@doerpal.com.

7. User Content

"User Content" means any text, photos, or other content you submit to or through the App, including tasks, photos for verification, and onboarding answers.

You retain all ownership rights you have in your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, copy, transmit, analyse, modify (e.g., resize photos), and display your User Content solely as necessary to operate, provide, secure, and improve the Service for you.

We do not use your User Content to train AI models, do not display it publicly, and do not sell it. The Service has no social or community features. The share card lets you export an image of your own statistics through the iOS share sheet; what you do with it is your choice.

You represent and warrant that:

• You own or have all necessary rights to submit your User Content.
• Your User Content does not infringe any third-party intellectual-property, privacy, or publicity right.
• Your User Content does not contain information of third parties (e.g., photos of identifiable people other than yourself) that you do not have authority to submit.

You can delete most User Content directly in the App. Deleting your account removes your User Content from our active database, subject to backup and legal-retention policies described in our Privacy Policy.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Submit content that is defamatory, harassing, threatening, hateful, sexually explicit, depicts violence, depicts sexual exploitation of minors, or infringes any third-party right.
• Attempt to reverse-engineer, decompile, disassemble, or extract source code from the App or the Service, except to the extent permitted by mandatory law.
• Probe, scan, attack, or otherwise interfere with the Service's security, infrastructure, or rate limits.
• Use the Service to transmit malware or to attempt to gain unauthorised access to any account, system, or network.
• Use automated tools (bots, scrapers, etc.) to access the Service except as expressly permitted.
• Misrepresent your identity or impersonate any person.
• Bypass, circumvent, or attempt to bypass any rate limit, access control, paywall, or feature gate.
• Use the App to harm yourself or others, including by encouraging unsafe, addictive, or self-destructive behaviour.

We reserve the right to suspend or terminate accounts that violate this Section.

9. Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, illustrations, brain-character animations, audio, and other content (other than User Content), is owned by Juan Vizoso Prado - JV Studio, Einzelunternehmen or its licensors and is protected by copyright, trademark, and other intellectual-property laws.

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the App on devices you own or control, and to use the Service, in each case solely for your personal, non-commercial purposes and in accordance with these Terms.

Third-Party Materials

The App may include third-party open-source materials, including MingCute Icons. Those materials remain owned by their respective rights holders and are licensed under their own license terms, not under the BrainMaxx licence above.

MingCute Icons

• Copyright: MingCute Design
• License: Apache License, Version 2.0
• Project: https://github.com/mingcute-design/mingcute-icons
• License text: https://www.apache.org/licenses/LICENSE-2.0

All rights not expressly granted to you are reserved by us and our licensors.

10. Third-Party Services

The Service relies on third-party services, including:

• Apple Inc. — Sign in with Apple, App Store payments, Family Controls / Screen Time.
• Supabase, Inc. — backend, database, authentication, Edge Functions.
• OpenRouter, Inc. and AI model providers available through OpenRouter — AI inference.
• RevenueCat, Inc. — subscription management.
• PostHog, Inc. (hosted in the EU) — product analytics.
• AppsFlyer Ltd. — mobile advertising attribution (campaign measurement).
• Resend, Inc. — delivery of support and feedback emails.

Your use of these third-party services is also subject to their terms and privacy policies. We are not responsible for the actions, omissions, or content of third-party providers, except as required by mandatory law.

11. Apple App Store Terms (Required by Apple)

You acknowledge that these Terms are between you and Juan Vizoso Prado - JV Studio, Einzelunternehmen only, and not with Apple Inc. ("Apple"). The App is licensed (not sold) to you by us for use only on Apple-branded devices that you own or control, in accordance with these Terms and Apple's Usage Rules in the App Store Terms of Service.

• Maintenance and support: we, not Apple, are solely responsible for providing any maintenance and support services for the App.
• Warranty: in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• Product claims: we, not Apple, are responsible for addressing any claims relating to the App, including (a) product-liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer-protection or similar legislation.
• Intellectual-property claims: in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Compliance: you represent that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, OR COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR HARDWARE.

THE APP IS A PRODUCTIVITY AND HABIT-FORMATION TOOL. IT IS NOT A MEDICAL, MENTAL-HEALTH, OR WELLNESS DEVICE OR SERVICE. THE BRAIN HEALTH SCORE, PHOTO VERIFICATION, SMILE DETECTION, EXERCISE COUNTING, INTERVENTIONS, AND APP-BLOCKING DECISIONS ARE FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY AND MAY BE INACCURATE.

Some jurisdictions (including the EU and UK) do not allow the exclusion of certain implied warranties, so some of the above may not apply to you. Where mandatory law grants you statutory rights as a consumer, those rights are not affected by these Terms.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US (VIA APPLE) FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (USD $100).

This limitation does not apply where prohibited by law (e.g., for liability arising from gross negligence, wilful misconduct, fraud, death, or personal injury, or for consumer-protection liabilities that cannot be limited under EU/UK or U.S. state law).

14. Indemnification

You agree to indemnify and hold harmless Juan Vizoso Prado - JV Studio, Einzelunternehmen, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your infringement of any third-party right. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us.

15. Termination

You may terminate these Terms at any time by deleting your account (Settings → Delete my account) and stopping use of the Service. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or the rights of others, or to protect the security or integrity of the Service.

The following Sections survive termination: 4 (only as to amounts due before termination), 7, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, and 21.

16. EU and UK Consumer Rights

If you are a consumer in the EU, EEA, or the UK:

• Right of withdrawal: under EU Directive 2011/83/EU and the UK Consumer Contracts Regulations, you have a 14-day right to withdraw from a digital-content subscription unless you expressly consent to immediate access and acknowledge that you waive your withdrawal right at the time of purchase. By starting to use a paid subscription before the 14-day period ends, you consent to immediate performance and waive the right of withdrawal to the extent permitted by law.
• Statutory rights: nothing in these Terms limits your non-waivable rights under the laws of your country (including the UK Consumer Rights Act 2015 and equivalent EU consumer-protection laws).
• Online dispute resolution: the European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025. Consumers can find current EU consumer redress information and dispute-resolution bodies through the European Commission's Consumer Redress resources at https://consumer-redress.ec.europa.eu/. We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG).

17. California Residents

Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

California residents have additional rights under the CCPA / CPRA, including the right to know, access, correct, delete, and limit the use of sensitive personal information. We do not sell personal information. As described in our Privacy Policy, with your App Tracking Transparency permission we disclose device identifiers and campaign-measurement data to our advertising attribution provider, and attribution results may be shared with advertising networks for advertising measurement; to the extent this constitutes "sharing" for cross-context behavioural advertising under the CCPA / CPRA, you may opt out by declining the App Tracking Transparency prompt, disabling tracking in iOS Settings → Privacy & Security → Tracking, or emailing support@doerpal.com. To exercise your CCPA / CPRA rights, email support@doerpal.com.

18. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-laws rules, except where mandatory consumer-protection laws of your country of residence grant you additional or non-derogable protections.

19. Dispute Resolution

a. Informal Resolution

If you have a dispute with us, please contact us first at support@doerpal.com with a written notice describing the claim and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days.

b. Binding Arbitration (U.S. Residents Seeking Monetary Relief)

If you reside in the United States and your dispute is not resolved informally, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration, conducted by a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (AAA), in your U.S. county of residence (or, at your option, by telephonic or video hearing). The Federal Arbitration Act governs this Section.

• Class-action waiver: arbitration will be conducted on an individual basis only. You and we each waive the right to participate in a class, collective, representative, or consolidated action.
• Small-claims exception: either party may bring qualifying claims in small-claims court instead.
• Injunctive relief: either party may seek injunctive or equitable relief in a court of competent jurisdiction without first arbitrating.
• Opt-out: you may opt out of this arbitration agreement by emailing support@doerpal.com within thirty (30) days of first accepting these Terms. Your opt-out must include your name, email, and a clear statement that you wish to opt out.

c. Courts (Non-U.S. Disputes)

For users outside the United States, disputes will be brought exclusively in the competent courts at our registered seat in Germany, subject to mandatory consumer-protection laws that may permit consumers to bring proceedings in their country of residence (in particular, Article 18 of Regulation (EU) No 1215/2012, the "Brussels I bis Regulation").

20. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms in the App and on our website at least seven (7) days before they take effect, and where required by law we will provide additional notice (e.g., by email or in-App message). Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the changes take effect.

21. Miscellaneous

• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service and supersede any prior agreements.
• Severability: if any provision is found to be unenforceable, the remaining provisions remain in full force and effect.
• No waiver: our failure to enforce any provision is not a waiver of that provision.
• Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for failure to perform due to events beyond our reasonable control (natural disasters, cyber-attacks, third-party-service outages, government actions, etc.).
• Notices to you: we may give notice via email or in-App message. Notices are effective when sent.
• Language: these Terms are available in English at https://brainmaxxapp.com/terms and in German at https://brainmaxxapp.com/de/terms. If you are a consumer habitually resident in Germany, or if these Terms were presented to you in German, the German version is binding and prevails in case of conflict. For all other users the English version prevails.

22. Contact

Juan Vizoso Prado - JV Studio

Einzelunternehmen

August Bebel Allee 3

28329 Bremen

Germany

• Email: support@doerpal.com
• Website: https://www.jvstudio.org/