Terms of Service and End User License Agreement (EULA)

Effective Date: June 27, 2026

1. Acknowledgment and Parties

This Agreement is concluded solely between the User and the Service Provider (Optibrain UCMAS). Apple Inc. and Google LLC (collectively, the "App Distribution Platforms") are not parties to this Agreement. The Service Provider, and not the App Distribution Platforms, is solely responsible for the Application and the content thereof.

2. Scope of License

The Service Provider grants the User a limited, non-exclusive, non-transferable, revocable license to use the Application on any compatible iOS or Android device that the User owns or controls, as permitted by the usage rules established in the Apple Media Services Terms of Service and the Google Play Terms of Service. This license does not permit the usage of the Application on any device that the User does not own or control.

3. User Architecture and Account Tiers

The Application operates under a provisioned-account model designed for educational abacus practice:

A. Student and Centre Users: Users access the Application with a username and password provisioned by the Service Provider or their UCMAS centre. Public self-registration is disabled. Signed-in users may access practice, progress tracking, and centre updates.

B. Administrative Users: Administrative status is restricted to a controlled group of individuals manually provisioned by the Service Provider. Administrative accounts use email-based sign-in via Clerk and are recorded in the application database (Prisma). Administrative privileges include the capacity to publish content posts and transmit operational push notifications within the Application.

4. Account Security and Responsibility

For all provisioned users, the preservation of credential confidentiality is mandatory. Users are responsible for actions executed under their accounts. Administrative users are additionally responsible for any text content published or push notifications broadcasted. The Service Provider reserves the right, at its sole discretion, to terminate or revoke access at any time, without prior notice, if structural or security breaches are identified.

5. Intellectual Property Rights

The Service Provider retains all right, title, and interest in and to the Application, including but not limited to the underlying software architecture (developed utilizing Expo), database schemas (Prisma), application code, visual interfaces, graphics, design layouts, and specific abacus practice methodologies or modules. This material is protected by domestic and international intellectual property laws. You may not reverse-engineer, decompile, disassemble, modify, or attempt to derive the source code of the Application. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, the Service Provider, and not the App Distribution Platforms, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

6. Acceptable Use Restrictions

You agree that you will not:

A. Interfere with or attempt to disrupt the operational integrity of the Application, its underlying database infrastructure (Prisma), or its authentication pathways (Clerk).

B. Utilize administrative privileges to transmit unauthorized, defamatory, explicit, or unlawful notifications or content.

C. Circumvent any security protocols implemented by the Service Provider.

7. Maintenance and Support

The Service Provider is solely responsible for providing any maintenance and support services with respect to the Application, as specified under applicable law or this Agreement. The User acknowledges that the App Distribution Platforms have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

8. Third-Party Infrastructure Acknowledgment

The Application utilizes foundational frameworks and third-party technologies to sustain operations, specifically Expo for cross-platform rendering, push notification delivery, diagnostics and performance monitoring (EAS Observe), and anonymized app usage monitoring (EAS Insights), Clerk for identity verification, and Prisma for object-relational mapping and database access. Your utilization of the Application acknowledges the integration of these technological systems and the limited operational data they may process as described in the Privacy Policy.

9. Diagnostics and Usage Monitoring

By using the Application, you acknowledge that the Service Provider may collect anonymized diagnostics, performance metrics, and app usage metadata through Expo EAS Observe and Expo EAS Insights. This data is used solely to monitor app reliability, diagnose performance issues, understand release health, and improve the Application. It is not used for advertising, behavioral profiling, or identifying student users. Further details are provided in the Privacy Policy.

10. No Warranty

The Application is provided to you on an "As-Is" and "As-Available" basis, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Service Provider, on behalf of itself and the App Distribution Platforms, disclaims all warranties, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Provider does not warrant that the operation of the Application will be uninterrupted, error-free, or compatible with any third-party software or peripheral devices.

11. Limitation of Liability

To the extent not prohibited by law, in no event shall the Service Provider be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data (including device tokens), operational downtime, or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise), even if the Service Provider has been advised of the possibility of such damages. The collective liability of the Service Provider under this agreement shall not exceed the amount paid by the user, if any, for the utilization of the Application.

12. Product Claims

The User acknowledges that the Service Provider, and not Apple or Google, is responsible for addressing any claims relating to the Application or the User's possession and/or use of the Application, including, but not limited to: product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including applicable Canadian federal and provincial laws.

13. Legal Compliance and Export Control

The User represents and warrants that: (i) they are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) they are not listed on any United States Government list of prohibited or restricted parties.

14. Third-Party Beneficiary Indemnity

The User acknowledges and agrees that the App Distribution Platforms (including Apple and Apple's subsidiaries, and Google) are third-party beneficiaries of this Agreement, and that, upon the User's acceptance of the terms and conditions of this Agreement, the respective App Distribution Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary thereof.

15. Governing Law and Severability

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. If any provision of this Agreement is adjudicated to be invalid or unenforceable by a court of competent jurisdiction, the remaining clauses shall continue in full force and effect.

16. Contact Information

For questions, complaints, or legal claims regarding the Application, please contact the Service Provider directly via email at justinbdaludado@gmail.com.