Terms of Use

Effective Date: August 16, 2026  ·  Last Updated: August 16, 2026

Welcome to "SPINERGY," a single-player iOS game further defined below. These Terms of Use ("Terms") govern your access to and use of SPINERGY, a service provided by Apotherium LLC ("Apotherium," "we," "us," or "our"). By accessing or using SPINERGY, you agree to be bound by these Terms.

Our Privacy Policy is subject to these Terms. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to these Terms.

1. Acceptance of Terms

By downloading, installing, or using SPINERGY, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use SPINERGY.

2. Services these Terms Cover

Apotherium offers SPINERGY, a downloadable iOS application (the "App"), in which a single player spins virtual objects on a virtual table and is scored on how long each spin lasts and how many rotations it completes. We also operate this website at spinergy.app (the "Site"), including its support form. These Terms apply to the App and the Site (together, the "Services").

SPINERGY is a one-time purchase. It contains no in-app purchases, no subscriptions, and no advertising.

3. Services these Terms Don't Cover

SPINERGY is sold through the Apple App Store. Your use of the App Store is governed by Apple's own terms of service. We do not control and are not responsible for Apple's billing, refund, or account management processes. We do not operate a web shop, and these Terms do not cover any third-party application, website, or service you may use in connection with SPINERGY.

4. Eligibility

SPINERGY is suitable for general audiences. If you are under 18, you represent that you have your parent or guardian's permission to use the App and to make any purchase. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are otherwise eligible, you may not be legally allowed to access our Services. You must be authorized to use our Services and enter into these Terms if you are acting on behalf of a company.

5. No Account Required

SPINERGY does not require a user account, a login, a password, or any third-party identity provider. The App runs entirely on your device and does not connect to our servers. Your scores, settings, and any object profiles you draw are stored locally on your device.

Because your game data lives only on your device, it is your responsibility to maintain your own device backups. Deleting the App, resetting your device, or losing your device will delete your scores and drawings, and we have no copy of them and cannot restore them for you.

6. Termination

• Voluntary termination. You are free to stop using SPINERGY at any time by deleting the App from your device. Because SPINERGY is a one-time purchase with no recurring charge, there is nothing to cancel and no ongoing billing to stop.
• License termination. We may terminate the license granted in Section 12 if you use the App in material violation of these Terms — for example, by redistributing it, reverse-engineering it, or circumventing its licensing. Because the App does not connect to our servers, such termination is a legal revocation of your right to use the App rather than a technical shutoff.

7. Description of Service

SPINERGY is a single-player game that allows you to:

• Pin an object upright with one finger and strike or rub it with a second to set it spinning
• Be scored on how long the object spins and how many rotations it completes before coming to rest
• Choose among the objects included in the App, including a coin, a spinning top, an octahedron, and a fidget spinner
• Draw a profile that the App turns into a solid of revolution and simulates with the same physics
• Choose among the table surfaces included in the App

SPINERGY does not provide multiplayer, online leaderboards, chat, messaging, friend lists, or social profiles.

8. Pricing & Availability

SPINERGY is a paid app sold and processed exclusively through the Apple App Store. There are no in-app purchases and no subscriptions; a single purchase unlocks the entire game, including every object and every table surface.

All purchases made through the Apple App Store are subject to Apple's terms. Apple sets and collects the price; we do not see or store your credit card information. The price is displayed on the App Store listing at the time of purchase, and Apple may convert it to your local currency.

Refund requests for App Store purchases must be submitted through Apple, in accordance with Apple's App Store refund policies. Apotherium does not directly process App Store refunds.

We reserve the right to change the price of the App at any time, and to run or end promotional pricing. A price change never results in an additional charge to anyone who has already purchased the App. We may also stop offering the App for sale, or stop issuing updates for it, at any time; if we do, the copy you have already purchased remains yours to use for as long as it runs on your device and your version of iOS.

9. Product Descriptions

We strive to accurately describe SPINERGY and what it includes. Screenshots, videos, and descriptions are illustrative; the exact set of objects, surfaces, and features may change from release to release as we improve the game. We reserve the right to update product descriptions as needed and without notice.

10. Terms of Sale

All sales of SPINERGY are processed by Apple through the App Store. By making a purchase, you represent that you are of legal age to form a binding contract and that all information you provided in connection with the order is true and accurate. Apple may verify your payment information and may decline transactions at its discretion. In the event that SPINERGY is offered at an incorrect price, either due to typographical or other error, we and Apple reserve the right to cancel the order, regardless of whether the order is being or has been processed.

11. User Conduct

The intent of SPINERGY is to be a calm, satisfying game about spinning things. By using our Services, you agree not to:

• Use our Services for any unlawful purpose or in violation of any applicable local, state, national, or international law;
• Copy, redistribute, resell, sublicense, or make the App available to others in violation of these Terms or Apple's terms;
• Reverse-engineer the App or attempt to extract the underlying source code or assets, except to the extent expressly permitted by applicable law;
• Circumvent, disable, or interfere with any licensing, copy-protection, or security measure in the App or on the Site;
• Attempt to disrupt, overload, or impair the Site, or bypass rate limits or the spam protection on the support form;
• Submit content through the support form that is harassing, threatening, defamatory, obscene, hateful, or otherwise abusive, or that impersonates another person or entity in a misleading way;
• Use our Services in a way that infringes or violates the rights of any third party, including any intellectual property rights or rights of privacy.

We reserve the right to block access to the Site from any source we believe has been used in violation of this Section.

12. Your Content and Your Drawings

Object profiles you draw in the App are yours. They are created and stored entirely on your device and are never transmitted to us, so we acquire no rights in them and have no ability to view, use, or reproduce them.

The only content you can send us is a support request through the Site. You retain ownership of what you write, and you grant us a limited, non-exclusive, royalty-free license to read, store, and act on it for the purpose of responding to you and improving the App. We reserve the right to discard submissions that violate Section 11 (User Conduct).

Subject to your compliance with these Terms, Apotherium grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices you own or control, for personal, non-commercial purposes only, in accordance with the Apple App Store terms and any Usage Rules set out therein. Apotherium reserves the right to terminate this license at any time if your use of our Services is not in strict compliance with these Terms.

13. Misconduct & Reporting

SPINERGY has no multiplayer features and no in-app messaging, so there is no other player to report. If you encounter a security issue, a suspected pirated or tampered copy of the App, or abuse of this Site, you can report it by emailing us at legal@apotherium.com.

14. Intellectual Property

SPINERGY, including the "SPINERGY" name and logo, the App's design and interface, source code, physics simulation, artwork, audio, and all related materials are protected by copyright, trademark, and other laws. We own and retain all rights in this content. We may also use some open-source and licensed third-party content in the App (such as fonts, icons, and libraries). We do not make any claim of ownership to that content, and you may not use it in a way that violates third-party licensing agreements.

Apotherium does not grant or transfer any rights, title, or interest to you other than the limited license described in Section 12.

15. Copyright Policy

Apotherium respects the intellectual property rights of others. SPINERGY does not allow users to upload, post, or share content with other users. If you nonetheless believe that something in SPINERGY infringes your copyright, please submit a written notice to legal@apotherium.com with the subject line "Copyright Infringement" and include in your notice:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
• a description of the copyrighted work that you claim has been infringed;
• identification of the location within SPINERGY of the material that you claim is infringing;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner's behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims.

16. Disclaimer of Warranties

SPINERGY is provided "AS IS" and "WITH ALL FAULTS" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. APOTHERIUM IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. APOTHERIUM DOES NOT GUARANTEE ANY LEVEL OF ENJOYMENT, SKILL IMPROVEMENT, OR GAMEPLAY OUTCOME FROM YOUR USE OF OUR SERVICES.

WE DO NOT WARRANT THAT:

• THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• THE APP WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR FUTURE VERSION OF iOS
• ANY ERRORS OR DEFECTS IN THE APP OR THE SITE WILL BE CORRECTED
• LOCALLY STORED SCORES, SETTINGS, OR DRAWINGS WILL NOT BE LOST
• THE PHYSICS SIMULATION WILL PRODUCE IDENTICAL RESULTS ACROSS DEVICES, iOS VERSIONS, OR APP RELEASES

17. User Representations and Warranties

By using Apotherium's Services, you represent and warrant that:

• You are free to enter into and comply with these Terms and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into these Terms;
• You will provide accurate information when prompted (e.g., when reporting an issue);
• You have read and agree to these Terms and will not use SPINERGY for any fraudulent or inappropriate purpose or in a way that violates these Terms;
• You will not try to reverse engineer or circumvent access to our Services;
• You will not circumvent or hack any technology used by Apotherium to protect our Services and our users;
• You will not transmit any worms, viruses, or any code of a destructive nature; and
• You will not copy or fraudulently reproduce Apotherium's content or violate our intellectual property rights.

18. Limitation of Liability

IN NO EVENT WILL APOTHERIUM BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP YOUR DEVICE SECURE, YOUR FAILURE TO MAINTAIN BACKUPS OF YOUR DEVICE, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THESE TERMS. APOTHERIUM WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE APP OR PLATFORM, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF GAMEPLAY, LOST SCORES OR DRAWINGS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF APOTHERIUM UNDER THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU FOR THE APP. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, APOTHERIUM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND APOTHERIUM.

19. Indemnification

You agree to indemnify and hold harmless Apotherium LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from any breach by you of these Terms and any activity related to your engagement with our Services.

20. Release

You hereby release and forever discharge Apotherium (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Apotherium or our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

21. Privacy

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. The minimal scope of data we collect is explained in detail in that policy.

22. Apple as Third-Party Beneficiary

These Terms are between you and Apotherium only, not with Apple, and Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support services for the App and is not responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Apotherium — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of that claim. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

23. International Users

Apotherium's Services are controlled and administered from our offices within the United States of America and are not intended to be used outside of the United States of America or be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Apotherium's Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to compliance with their particular jurisdictions' laws and regulations and any United States export controls. We reserve the right to limit our Services, in whole or in part, to any geographic location or jurisdiction we choose.

24. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms with a new "Last Updated" date and, where appropriate, by displaying an in-App notice. Your continued use of SPINERGY after such changes constitutes acceptance of the new Terms.

25. Governing Law

Except where otherwise required by mandatory law, these Terms, as well as our Privacy Policy, are to be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

26. Dispute Resolution

THIS SECTION OF OUR TERMS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THESE TERMS.

• Letting Us Know About Complaints. At Apotherium, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Apotherium's Services, please reach out to Apotherium to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
• Mandatory Binding Arbitration. If any controversy or claim arising out of or relating to Services provided under these Terms cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law, except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claims court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the "AAA") and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.
• Prevailing Party. If an arbitrator or court of law determines a claim against Apotherium to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Apotherium for all fees associated with the arbitration and/or court case, including attorneys' fees and arbitration/court costs.
• Class Action Waiver. You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Apotherium will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Apotherium's Services.

27. Assignment

You are not entitled to assign these Terms, in whole or in part, to another person, without the prior written consent of Apotherium. Apotherium reserves the right to assign these Terms, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Apotherium business or assets.

28. Survival of Terms Beyond Termination

All provisions in these Terms that specifically state or logically ought to survive the termination of these Terms, or the termination of a user's access to our Services, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

29. Waiver and Severability

No waiver by Apotherium of any term or condition in these Terms will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of these Terms or any other agreement. If any term or condition in these Terms is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

30. Entire Agreement

These Terms and our Privacy Policy represent the entire and exclusive agreement between Apotherium and users of our Services. All previous written and oral agreements and communications related to the subject matter of these Terms and Privacy Policy are superseded.

31. Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@apotherium.com
Apotherium LLC

By using SPINERGY, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.