Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Fluxy mobile application ("App", "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

These Terms constitute a legally binding agreement between you and Charlie Sabin ("I", "me", "my"), an Australian sole trader who operates the App. Fluxy is not a registered business name — it is a product name used by Charlie Sabin. If you are under 18, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2. Eligibility

You must be at least 13 years of age to use the App. Users under 18 require parental or guardian consent. By creating an account, you represent that:

• you meet the minimum age requirement;
• if you are under 18, a parent or guardian has reviewed, agreed to, and accepted liability for your compliance with these Terms on your behalf; and
• if you are 18 or over, you have the legal capacity to enter into a binding agreement.

I reserve the right to terminate accounts where I have reason to believe these representations are false.

3. Account Registration

3.1 Creating an Account

You must create an account to access the App's features. You may register using:

• Sign in with Apple — governed by Apple's Terms and Privacy Policy in addition to these Terms.
• Email and password — you must verify your email address before your account is activated.

3.2 Account Security

You are responsible for:

• keeping your login credentials confidential;
• all activity that occurs under your account; and
• notifying me immediately at hello@getfluxy.app if you suspect unauthorised access.

I am not liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Usernames

Your username must not:

• impersonate another person or entity;
• be offensive, defamatory, or violate any law; or
• infringe any third party's intellectual property rights.

I reserve the right to change or remove a username that violates these requirements.

3.4 One Account Per Person

You may only maintain one active account. Creating multiple accounts to circumvent restrictions (including competition limits, daily question limits, or suspensions) is prohibited.

4. The Service

4.1 Description

Fluxy is a mathematics education application providing interactive practice questions, daily streaks, competition features, and social elements for students, primarily those studying for the Victorian Certificate of Education (VCE).

4.2 Free and Premium Tiers

The App is offered on a freemium basis:

• Free tier: Access to all topics with daily question limits on certain topics, limited daily competitions, and no streak lives.
• Premium tier: Unlimited questions, unlimited competitions, streak lives, avatar customisation, and colour theme selection, subject to a paid subscription or Elo-based unlock as described in Section 7.

4.3 Availability

I do not guarantee that the App will be available at all times or free from errors. I may modify, suspend, or discontinue any part of the Service at any time, with or without notice. If I permanently discontinue the Service while you hold an active paid subscription, you will receive a pro-rata refund for the unused portion of your current billing period, processed through Apple. This does not limit any rights or remedies available to you under the Australian Consumer Law.

5. User Conduct

You agree not to use the App to:

• violate any applicable law or regulation;
• cheat, exploit bugs, or use automated tools (bots, scripts, macros) to artificially inflate your scores, streak, or Elo rating;
• harass, bully, threaten, or abuse other users;
• impersonate any person or entity;
• upload, transmit, or share content that is unlawful, defamatory, obscene, or harmful;
• interfere with or disrupt the App, servers, or networks connected to the App;
• attempt to gain unauthorised access to any part of the App or its backend systems;
• reverse-engineer, decompile, or disassemble any part of the App; or
• use the App for commercial purposes without my prior written consent.

I reserve the right to suspend or terminate your account if you breach any of these rules, at my sole discretion and without prior notice.

6. Competition and Elo System

6.1 Competition Matches

Competition features allow you to compete against other users (SBMM matchmaking) or friends (async challenges). Matches are timed and scored objectively. Results are final once submitted.

6.2 Elo Rating

Your Elo rating reflects your relative skill level. It is adjusted after each competition match and may be reduced if your streak is broken. The Elo system is operated at my discretion and I may adjust formulas, K-factors, or penalties at any time.

6.3 Bot Opponents

Where no suitable human opponent is available within a reasonable time, you may be matched against an AI bot opponent. Bot results are clearly indicated in the results screen. Elo rating adjustments from bot matches are calculated using the same formula as human matches.

6.4 Fair Play

Any attempt to manipulate match results, collude with other users to artificially affect Elo ratings, or exploit the matchmaking system constitutes a breach of these Terms and may result in account suspension or termination.

7. Streaks and Streak Lives

7.1 Streak System

A daily streak is maintained by answering 20 or more questions correctly in any topic within a calendar day (Melbourne time, AEDT/AEST). Failure to meet this quota before the end of the day will result in the streak being reset to zero, and premium subscribers may use a streak life to revive their streak.

7.2 Streak Lives

Premium subscribers receive 2 streak lives per calendar month. Lives allow you to revive a broken streak once per break. Lives:

• are granted at the start of each calendar month (Melbourne time);
• do not accumulate — they are reset to exactly 2 each month regardless of how many remain;
• cannot be transferred, refunded, or exchanged for any other benefit.

7.3 Elo Penalty on Streak Break

A streak break results in a 4% reduction to your Elo rating (floored at 0). This penalty is reversed if you successfully revive your streak using a streak life.

7.4 No Guarantee of Streak Continuity

I may modify, reset, or correct streak data in the event of technical errors, server issues, or suspected abuse. I am not liable for any loss of streaks or streak lives caused by technical failures outside my reasonable control.

8. Subscriptions and Payments

8.1 Premium Subscription

Fluxy Premium is available as a monthly or yearly auto-renewing subscription, purchased through the Apple App Store. Prices are displayed in Australian dollars (AUD) or your local App Store currency before purchase.

8.2 Free Trial

A free trial may be offered at my discretion to eligible users. Trial eligibility is determined by Apple. If you do not cancel before the trial period ends, you will be charged the applicable subscription price.

8.3 Billing and Renewal

• Payment will be charged to your Apple ID account at the confirmation of purchase.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan.
• You can manage and cancel your subscription by going to your Apple ID account settings after purchase.

8.4 Refunds

All purchases are made through the Apple App Store. Refund requests must be submitted to Apple directly at reportaproblem.apple.com. I do not process refunds directly.

8.5 Price Changes

I reserve the right to change subscription prices at any time. Price changes will take effect at your next renewal. I will notify you in advance via the App or email.

8.6 Elo-Based Premium Unlock

Users who reach an Elo rating of 2400 receive permanent, complimentary premium status. This premium access is retained regardless of any subsequent changes to your Elo rating — you may drop below 2400 and still keep premium. This benefit is at my discretion and may be modified or withdrawn at any time for new users; existing recipients will be notified of any material changes.

8.7 Cancellation Policy

You may cancel your Fluxy Premium subscription at any time through iOS Settings → [your name] → Subscriptions → Fluxy. When you cancel:

• Cancellation takes effect at the end of your current billing period. You retain full premium access until that date.
• After the billing period ends, your account reverts to the free tier. This means daily question limits (20 per day for Numbers, 8 per day for each advanced topic), daily competition limits (3 per day), and restrictions on avatar customisation and colour themes will apply.
• Streak lives will no longer be granted at the start of each month. Any unused streak lives at the time of reversion are forfeited.
• If you hold a permanent Elo-based premium unlock (Section 8.6), cancelling a paid subscription does not affect that unlock — you retain premium access.
• Cancelling your subscription does not delete your account or any of your data. To delete your account and data, see Section 15.1.
• Deleting your account does not automatically cancel your subscription. You must cancel your subscription separately via iOS Settings before deleting your account to avoid further charges.

Refunds: All purchases are processed by the Apple App Store. To request a refund, visit reportaproblem.apple.com. I do not process refunds directly.

Australian Consumer Law: Nothing in this section excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

9. Intellectual Property

9.1 Our IP

All content in the App — including but not limited to software, design, graphics, text, question content, sounds, and the Fluxy name and logo — is owned by or licensed to Charlie Sabin and is protected by Australian and international copyright and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial educational purposes only.

9.2 Restrictions

You must not:

• copy, reproduce, modify, or distribute any part of the App without my prior written consent;
• use the App's content for commercial purposes; or
• remove or alter any copyright, trade mark, or other proprietary notices.

9.3 Feedback

If you submit feedback, suggestions, or ideas about the App, you grant me a worldwide, royalty-free, perpetual, irrevocable licence to use that feedback for any purpose without compensation to you.

10. Privacy

Your use of the App is also governed by my Privacy Policy, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully to understand how I collect, use, and disclose your personal information.

11. Third-Party Services

The App uses third-party services including Firebase (Google) and Apple's StoreKit. Your use of those services is subject to their respective terms and privacy policies. I am not responsible for the practices of third-party service providers.

11.1 Apple-Specific Terms

You acknowledge and agree that:

1. These Terms are between you and Charlie Sabin only, and not with Apple Inc. ("Apple"). Charlie Sabin, not Apple, is solely responsible for the App and its content.
2. Apple has no obligation to provide any maintenance or support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
4. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Charlie Sabin, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
6. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

12. Disclaimer of Warranties

To the maximum extent permitted by Australian consumer law:

• The App is provided "as is" and "as available" without warranties of any kind, express or implied.
• I do not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components.
• I make no warranty that the App's educational content is accurate, complete, or current.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

13. Limitation of Liability

To the maximum extent permitted by law, Charlie Sabin's total liability to you for any claim arising out of or in connection with these Terms or the App is limited to the greater of:

• AUD $100; or
• the amount you paid me for the Service in the 12 months preceding the claim.

I am not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or loss of goodwill, even if I have been advised of the possibility of such damages.

This limitation does not apply to liability that cannot be excluded or limited under applicable Australian law, including liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Charlie Sabin from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• your violation of these Terms;
• your use or misuse of the App;
• your violation of any third party's rights; or
• your violation of any applicable law.

15. Account Termination

15.1 Termination by You

You may delete your account at any time via Profile → Delete Account in the App. This permanently deletes your account data as described in the Privacy Policy, including your profile, username reservation, friend list, match history, streak data, and customisation preferences. Deletion is irreversible. An active premium subscription is not automatically cancelled by account deletion — you must cancel your subscription separately via iOS Settings → [your name] → Subscriptions before deleting your account to avoid further charges. I am not responsible for charges incurred after account deletion if you have not cancelled your subscription through Apple.

15.2 Termination by Us

I may suspend or terminate your account at any time, with or without notice, if:

• you breach these Terms;
• I suspect fraudulent or abusive activity;
• I am required to do so by law; or
• I discontinue the Service.

Upon termination, your right to use the App ceases immediately. Sections 9, 10, 12, 13, 14, 16, and 17 survive termination.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms that cannot be resolved informally by contacting me at hello@getfluxy.app shall be submitted to the exclusive jurisdiction of the courts of Victoria, Australia.

You agree to attempt to resolve any dispute with me in good faith before initiating legal proceedings. You must provide written notice of the dispute to hello@getfluxy.app and allow at least 30 days for informal resolution before commencing any legal action.

17. General

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and me regarding the App and supersede all prior agreements, representations, and understandings. To the extent that Apple's standard Licensed Application End User License Agreement applies, these Terms take precedence in the event of any conflict.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

My failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of any provision must be in writing.

17.4 Assignment

I may assign these Terms or any rights or obligations under them without restriction. You may not assign your rights under these Terms without my prior written consent.

17.5 Changes to These Terms

I may update these Terms from time to time. I will notify you of material changes by updating the "Last updated" date at the top of this document and, where appropriate, via in-app notification at least 14 days before the changes take effect. Your continued use of the App after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App before they take effect.

17.6 Force Majeure

I will not be liable for any failure or delay in performing my obligations under these Terms where such failure or delay results from circumstances beyond my reasonable control, including but not limited to: natural disasters, pandemic, war, terrorism, government action, power failure, internet or telecommunications failure, or failure of third-party services (including Apple or Firebase). My obligations will be suspended for the duration of the event.

18. Contact Us

For any questions, concerns, or notices regarding these Terms, please contact:

Charlie Sabin
Email: hello@getfluxy.app