End User License Agreement (EULA)

This End User License Agreement (hereinafter "EULA") is a legally binding agreement between you (hereinafter "User") and HistoryBytes GmbH, Wasserfallstraße 249, A-5440 Torren, Austria (hereinafter "Provider" or "HistoryBytes").

By downloading, installing, or using the "HistoryBytes" app, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not install or use the app.

1. Grant of License & Scope

The Provider grants you a personal, non-exclusive, non-transferable, and revocable license to use the "HistoryBytes" app solely for private, non-commercial purposes.

This license is limited to the use of the app on devices that you own or control and is subject to the usage rules of the respective app store (e.g., Apple App Store Usage Rules or Google Play Terms of Service).

You represent that you are either at least 18 years of age or have obtained the consent of a parent or legal guardian to use the app and enter into this EULA. If you are a minor, you may only use the app with the knowledge and permission of a parent or legal guardian, who bears responsibility for your use, including any purchases.

2. Usage Restrictions ("Visual Integrity")

The core of HistoryBytes is the visual and educational presentation of historical content. To protect our investments and intellectual property, the following is strictly prohibited:

• Asset Extraction: Extracting, copying, or redistributing image files, texts, or sound assets from the app.
• AI Training: Using the app's content to train, refine, or test artificial intelligence models (LLMs, Image AIs, etc.).
• Reverse Engineering: Decompiling or attempting to extract the source code of the app.
• Scraping: Using automated systems (bots, spiders) to extract learning content or user data.

3. Competitive System and Integrity

3.1 Ghost Profiles

You agree that your in-game performance data (e.g., response times, ELO rating) may be anonymized and used as a "Ghost Profile" for asynchronous duels by other users.

3.2 Anti-Cheating

Any form of cheating, in particular manipulating the matchmaking or ELO system through technical aids (e.g., auto-clickers), as well as the targeted exploitation of software bugs, will result in the immediate revocation of the license and the permanent ban of the account. Any refund claims are governed exclusively by the policies of the respective app store (Apple App Store or Google Play Store) through which the payment was processed; the Provider does not process payments directly and is therefore unable to issue refunds itself.

4. Term, Subscriptions & Founder VIP Deal

4.1 Subscription Models

For time-limited subscriptions, the license is valid for the duration of the paid period. It terminates automatically upon cancellation or expiration of the subscription.

4.2 Lifetime Access & Founder Deal

A "Lifetime Deal" or "Founder VIP Pass" entitles you to use the app for the entire economic lifetime of the HistoryBytes product (as long as the app is officially supported by the Provider and available in the app stores). This license is generally tied to your user account and cannot be transferred or sold to third parties. Exceptions to this are explicit family or group licenses (e.g., Family Pack) within the scope of their intended use and quota allocation.

4.3 Right of Withdrawal

As a consumer, you are generally entitled to a 14-day right of withdrawal for digital content. Since payment processing is handled exclusively through the in-app purchase systems of the Apple App Store or Google Play Store, the existence, exercise, and any early expiry of this right of withdrawal (in particular where you consent to immediate performance) are governed by the terms of the respective app store, which you are informed of during the purchase process.

5. Maintenance and Support

The Provider is solely responsible for providing maintenance and support services for the app. You acknowledge that third-party providers such as Apple Inc. or Google LLC have no obligation whatsoever to furnish any maintenance and support services with respect to the app.

6. Warranty and Limitation of Liability

Liability for Content: We strive for the highest historical accuracy. However, the content is for entertainment and educational purposes; liability for the absolute lack of errors in complex historical interpretations is excluded.

Statutory Liability (EU): The Provider shall be liable without limitation for intent and gross negligence as well as for injury to life, body, and health. In the case of slight negligence, we shall only be liable for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage typical for the contract.

Apple & Google Exclusion: Apple and Google are not responsible for addressing any claims, losses, liabilities, damages, or costs relating to the app (including product liability, legal requirements, or infringement of third-party intellectual property). In the event of any third-party claim that the app infringes a third party's intellectual property rights, the Provider (not Apple/Google) will be solely responsible for the investigation, defense, and discharge of any such claim.

7. Legal Compliance (US Export Control)

The user represents and warrants that (i) he/she is 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

8. Third-Party Beneficiaries (Apple/Google)

You acknowledge and agree that Apple, and Apple's subsidiaries (as well as Google and its subsidiaries), are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, these companies will have the right to enforce this EULA against you as a third-party beneficiary thereof.

9. Applicable Law and Jurisdiction

The law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, any mandatory statutory consumer protection regulations of the country in which you have your habitual residence shall remain unaffected by this choice of law.

The place of jurisdiction for all disputes is, as far as legally permissible, Salzburg, Austria.