Updated: 5th of November, 2024
1. General
The N-Back Challenge mobile applications and the N-Back Challenge website are owned and operated by Rivuspurus OÜ (Sepapaja 6, Tallinn 15551, Estonia; registry code 14016097).
In these Terms of Use, we will refer to the N-Back Challenge mobile applications, the N-Back Challenge website, and the content they provide, as the “Services”. Access and use of the Services are subject to these Terms of Use. By accessing or using any part of the Services, you represent that you have read, understood, and agree to be bound by these Terms of Use including any future modifications. Rivuspurus OÜ may, at its discretion, amend, update, or change these Terms of Use in the future. If you do not agree to be bound by these Terms of Use, do not access or use the Services.
The purpose of the Services is to both motivate and enable users to engage in cognitive training based on the dual n-back paradigm. While the dual n-back paradigm has received support in numerous studies published by peer-reviewed journals, there have also been studies which challenged the value of dual n-back training. Rivuspurus OÜ does not warrant that the use of the Services has any beneficial effects whatsoever, cognitive or otherwise. The Services are not intended to diagnose, treat, cure, or prevent any disease. The information, including — but not limited to — the texts, graphics, images, and other material contained in the Services, is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Rivuspurus OÜ may, at its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Services, temporarily or permanently.
Use of the Services is also governed by our Privacy Policy.
We do not provide the Services to individuals under the age of 16. If your local law allows otherwise, there can be exceptions to this.
If you cannot form legally binding contracts under applicable law in your jurisdiction, your parent or guardian must agree to these Terms of Use on your behalf.
2. Account creation and termination
Access and use of the N-Back Challenge mobile applications require the creation of a user account. On iOS, this implies signing into Game Center. On Android, this implies signing into Google Play Games. You agree to abide by the Apple Media Services Terms and Conditions and Google Play Terms of Service, respectively, that apply to your country or region.
You agree to be fully responsible for all use of your account and for any actions that take place through your account.
You can terminate your account by requesting for your account and its associated data to be deleted. You can request the deletion of your account and its associated data by visiting the in-app settings, opening the privacy controls view, and then tapping the account deletion button at the bottom of the view. Alternatively, you can reach out to us via email at delete@nbackchallenge.com. We reserve the right to unilaterally suspend or terminate your use of the Services or these Terms of Use.
3. Payments
In the Services, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items, including but not necessarily limited to virtual “coffees”, which we will refer to here as the “Virtual Items”. You are allowed to purchase Virtual Items through the Services or earn them through certain behaviors related to the Services, but not in any other way. In addition, you may pay a recurring monthly or annual subscription fee to unlock additional functionality, which we will refer to here jointly as “Subscriptions”. The Subscription automatically renews at the end of each subscription term, unless you cancel your Subscription before the end of the subscription term. You can cancel the Subscription in Apple’s App Store or the Google Play Store, respectively.
We may manage, regulate, control, modify, or eliminate Virtual Items or Subscriptions at any time, with or without notice. We may update the pricing of Virtual Items and Subscriptions at any time at our sole discretion and may add new Virtual Items for additional fees. We shall have no liability to you or any third party in the event that we exercise any such rights.
The price of Virtual Items and Subscriptions is indicated in the mobile application. Indicated prices may not include applicable taxes. All applicable taxes must be paid by you.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity.
You agree to pay all fees and applicable taxes incurred by you or anyone using an N-Back Challenge account registered to you. We may revise the pricing for the goods and services offered through the Services at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
4. Payment processors
All financial transactions made in connection with the Services will be processed by third parties in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. Please review the Apple Media Services Terms and Conditions and the Google Play Terms of Service. In no event will Rivuspurus OÜ be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
5. Refund policy
Unless the local law of your residence or this agreement determines otherwise, all purchases are final and non-refundable.
If Rivuspurus OÜ suspends or terminates your use of the Services or these Terms of Use or you request for your account to be deleted, you understand and agree that you will receive no refund or exchange of any kind, including for any unused Virtual Items, Subscriptions, for any data associated with your use of the Services, or for anything else, unless the local law of your residence determines otherwise.
6. Inappropriate use
You agree not to make inappropriate use of the Services. Inappropriate use of the Services includes, but is not limited to, violating the Apple Media Services or Google Play terms of use, or using a nickname that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights).
7. Indemnification of Rivuspurus OÜ
You agree to defend, indemnify and hold harmless Rivuspurus OÜ and its directors, officers, employees, contractors, and suppliers, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Services, any false representation made to us (as part of these Terms of Use or otherwise), or your breach of any of these Terms of Use.
8. Third-party sites and services
The Services may contain links to third-party websites, services, or other events or activities that are not owned or controlled by Rivuspurus OÜ. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from N-Back Challenge, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Rivuspurus OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
9. Proprietary rights
All content available through the Services, including designs, texts, and software, and their selection and arrangement (the “Service Content”), are the proprietary property of Rivuspurus OÜ. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. All rights of Rivuspurus OÜ that are not expressly granted in these Terms of Use are reserved to Rivuspurus OÜ.
10. No representations or warranties by Rivuspurus OÜ
The Services are provided to you on an “as is” basis. Rivuspurus OÜ makes no representations or warranties of any kind with respect to the Services, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Rivuspurus OÜ does not warrant that the use of the Services has any beneficial effects whatsoever, cognitive or otherwise. The Services may be unavailable or faulty due to errors, faults, or flaws, during periods of peak demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
11. Limitation on types of damages/limitation of liability
In no event will Rivuspurus OÜ be liable to you or any third party claiming through you (whether based on contract, tort, strict liability, or other theory) for indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Services or any portion thereof. Rivuspurus OÜ’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Rivuspurus OÜ for the Services in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. Such limitations may not be applicable, if the local law of your residence forbids such limitations. The existence of more than one claim hereunder will not increase this limit.
12. Applicable law and dispute resolution
These Terms of Use, its subject matter, and Rivuspurus OÜ’s and your respective rights under these Terms of Use, as well as any claim, cause of action, or dispute arising out of or related to these Terms of Use, shall be governed by and construed under the laws of the Republic of Estonia.
If you have any concerns, please reach out to us via legal@nbackchallenge.com, and we will try to address your concerns.
If any dispute arises out of or relating to these Terms of Use, the parties will attempt to settle it by mediation in good faith. The dispute shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties hereto. The mediation will start, unless otherwise agreed by the parties, within 28 days of one party issuing a request to mediate to the other. The mediation will take place in Tallinn, Estonia, and the language of the mediation will be English.
If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Tallinn, Estonia. The language of the arbitral proceedings shall be English.
13. Changes to these Terms of Use
Rivuspurus OÜ keeps its Terms of Use under regular review and may amend them at any time. Rivuspurus OÜ places any updates on the N-Back Challenge website.