Terms of Use

§ 1 Scope and provider

(1) These terms of use apply to the use of the mobile app Brainrot Killer (Android and iOS) and the associated website. The provider is:

(2) By downloading and using the app you accept these terms. Deviating terms are not recognized unless expressly agreed to. The download takes place via app stores (e.g. Apple App Store or Google Play). For the relationship between you and the respective app store, its own terms apply, which these terms of use do not govern.

§ 2 Subject matter of the contract

(1) Brainrot Killer is an entertainment app that uses artificial intelligence to create crosswords in various categories and difficulty levels. The app also offers a score and ranking system and favorites management.

(2) Content is generated automatically by an AI. We do not check the correctness of the solutions in individual cases. Incorrect, ambiguous or inaccurate solutions may occur. The content is considered game content and not encyclopedic knowledge. We do not warrant the factual accuracy of the content.

§ 3 Eligibility and account

(1) Registration of a user account is required to use essential functions (e.g. via Google Sign-In or Sign in with Apple).

(2) You warrant that the information you provide is true and correct, and you undertake to update it where necessary.

(3) You are obliged to keep your access data secret and to protect it from access by third parties. You may only create one account per person.

§ 4 Licence grant and rights to the app

(1) We grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the app for personal, non-commercial purposes.

(2) All rights to the app, its code, design, graphics and trademark remain with us. By using the app, you do not acquire any intellectual property rights to the app. It is prohibited to interfere with the app or the software used, to decompile or reverse engineer it, or to gain unauthorized access.

§ 5 Usage limits

(1) To ensure stable and fair operation and to protect the integrated third-party services (in particular the AI interface) from overload and misuse, the app may technically limit usage, for example through request limits on the number of puzzles generated within a given period.

(2) We may adjust these limits at any time where this is necessary for technical or operational reasons. Where paid plans (such as Premium) are offered, their specific contents and limits are shown in the app before purchase (see § 6).

§ 6 In-app purchases

(1) Where the app offers paid functions (such as a premium plan), the conclusion of the contract and processing take place exclusively via the Apple App Store or Google Play Store. The respective platform terms apply in addition and take precedence over these terms in relation to the app store insofar as a conflict concerns the use of the app store.

(2) Prices, terms and cancellation options are shown in the app before purchase. Prices may vary by country and may change without notice. Where a subscription with automatic renewal is offered, it renews automatically at the end of the term at the then applicable price unless you cancel in time.

§ 7 Refunds

We are entitled to cancel and refund a payment if there is reason to believe that a purchase is incomplete, fraudulent or made in another untrustworthy manner. The refund is processed via the app store through which the purchase was made.

§ 8 User obligations

(1) You undertake to use the app only within the framework of applicable laws and these terms. In particular, the following are prohibited:

• reverse engineering, decompilation or modification of the app
• automated extraction or bulk download of AI-generated content
• exploitation of technical errors to circumvent quotas
• use of offensive, illegal usernames or profile pictures or those that infringe the rights of third parties
• use of the app for commercial purposes without our express consent

(2) In the event of violations, we may block or delete accounts without prior warning.

§ 9 Rights to the generated content

(1) The crosswords generated by the app using artificial intelligence, including their structure, words and questions, are the exclusive property of Eren Tetik. By using the app, you do not acquire any ownership of the generated content.

(2) Commercial reproduction, distribution, publication or modification of the generated puzzles, whether in printed or digital form, is expressly prohibited. Only private, non-commercial use for personal purposes is permitted.

(3) For other content you create (e.g. solution entries and game statistics), you grant us a simple, worldwide, unlimited right of use insofar as this is necessary for the operation and improvement of the app, in particular for anonymous statistical analysis.

§ 10 Availability

We strive for the highest possible availability of the app but do not owe any specific availability rate. Maintenance, update and downtime are possible and may occur without notice. Access to AI-generated puzzles requires an active internet connection and the availability of the integrated third-party services (e.g. the AI services used).

§ 11 Warranty

We provide the app and all paid features in their respective available state. There is no warranty that access to the app is uninterrupted, reliable or error-free. Statutory rights of consumers in the event of defects, in particular under §§ 327 et seq. BGB for digital products, remain unaffected.

§ 12 Liability

(1) We are liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

(2) In the case of slight negligence, we are only liable for the breach of an essential contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

(3) Any further liability is excluded. Liability under the Product Liability Act remains unaffected. Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.

§ 13 Loss of data

We are not liable for the loss of data insofar as the damage is due to your failure to carry out regular and complete data backups and thereby ensure that lost data can be restored with reasonable effort.

§ 14 Termination and account deletion

(1) You can end the user contract at any time without giving reasons by deleting your account (Settings, Account, Delete account).

(2) We may terminate the user contract with 30 days' notice. The right to extraordinary termination for good cause remains unaffected; good cause exists in particular in the event of significant violations of § 8. Upon termination, we may pass on your name and email address to third parties, including app store providers, insofar as this is necessary for processing.

§ 15 Right of withdrawal for consumers

You have the right to withdraw from a paid contract (e.g. a premium purchase) within fourteen days without giving reasons. The withdrawal period begins on the day the contract is concluded. To exercise your right of withdrawal, you must inform us of your decision by means of a clear statement (e.g. by email to tetik.labs@gmail.com).

Expiry of the right of withdrawal: For a contract on the supply of digital content not provided on a physical medium (e.g. unlocked premium functions), the right of withdrawal expires pursuant to § 356 (5) BGB if we have begun performing the contract after you expressly agreed that we begin before the end of the withdrawal period and you confirmed your knowledge that you lose your right of withdrawal by giving this consent. This consent is expressly requested when purchasing premium in the app.

Sample withdrawal form:

To tetik.labs@gmail.com: I hereby withdraw from the contract concluded by me for the purchase of the following premium function: ____________ · Ordered on: ____________ · Name of consumer: ____________ · Address: ____________ · Date: ____________ · Signature (only for notification on paper): ____________

§ 16 Changes to these terms

We may change these terms of use with effect for the future, provided this is necessary for legal or functional reasons. We will inform you of significant changes in an appropriate manner, e.g. in the app or by email. If you do not object within six weeks of being informed, the changed terms are deemed accepted. We will point out this consequence separately in the notification.

§ 17 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as no mandatory consumer protection under the law of the consumer's country of habitual residence stands in the way.

(2) Should individual provisions of these terms of use be or become invalid, this does not affect the validity of the remaining provisions.

§ 18 Dispute resolution

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.

(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.