⚠️ Draft for legal review. These terms are a template reflecting the planned offering. Before publication they must be adapted to the final product and reviewed by a lawyer, in particular prices, the right of withdrawal for digital content and the interplay with Apple’s App Store terms.
These terms govern the use of the mobile application “Factucate” (the “app”) and the related services, offered by Simpdi Media LLC, 1178 Broadway, 3rd Floor #3331, New York, NY 10001, USA (“we”). We object to any deviating terms unless we have expressly agreed to them.
Factucate delivers a limited daily selection of verified facts with explanations and offers a review system to consolidate what you have learned. The exact feature set follows from the current version of the app. We continuously develop the app and may add or adjust individual features.
Basic use is free. To use the app you create an account (via email, Apple or Google). You are obliged to keep your credentials confidential. One account per person is intended. You confirm that your details are accurate and that you meet the minimum age required by the App Store.
The daily fact stack, the explanations and the reviews are permanently free to use. Additional features (“Premium”) are paid and offered as a subscription or one-time purchase:
The price shown in the app at the time of purchase, including taxes, is decisive.
Purchases and payments are processed through your App Store account (Apple); Apple’s terms additionally apply. Subscriptions renew automatically for the respective term unless cancelled in the App Store settings at least 24 hours before the end of the term. You manage and cancel subscriptions in your App Store account settings.
For digital content you generally consent at purchase to immediate performance, whereby your right of withdrawal expires once the content has been fully provided. The exact design of the withdrawal notice and refunds, including the interplay with the App Store refund rules, is [to be reviewed by a lawyer and completed here before publication].
You agree not to misuse the app, in particular not to circumvent security mechanisms, not to scrape content in an automated way and not to disrupt the services. The content is intended for your personal, non-commercial use.
All content in the app (texts, design, brand) is protected by copyright and remains with us or the respective rights holders. You receive a simple, non-transferable right to use it within the scope of these terms. Sharing individual facts through the features provided for that purpose is of course allowed.
We check every fact against verifiable sources with the greatest possible care before publication. Nevertheless, we cannot guarantee that all content is complete, correct and up to date at all times. If you spot an error, we appreciate a note to legal@factucate.com and will follow up.
We aim for high availability but do not owe uninterrupted accessibility. Maintenance, technical faults or force majeure may lead to temporary restrictions. The core features can be used offline.
We are liable without limitation for intent and gross negligence as well as for injury to life, body and health. In cases of simple negligence we are only liable for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Any further liability is excluded. [Have this liability clause reviewed by a lawyer.]
You can delete your account at any time in the app (Settings → Account → Delete account). This ends the use of the free services. Running subscriptions must additionally be cancelled through the App Store as described in section 5.
We may amend these terms, for example for new features or a changed legal situation. We will inform you of material changes in good time and in an appropriate form. If you do not object within the stated period, the amended terms are deemed accepted; we will point this out separately.
Should any provision be invalid, the validity of the remaining provisions remains unaffected. Applicable law and place of jurisdiction [to be determined before publication, observing mandatory consumer protection rules of the country of your habitual residence].