Terms of Service

Welcome to BrainyGaming. These Terms of Service ("Terms") form a legally binding agreement between you ("you", "user", "parent", or "guardian") and BrainyGaming, a product operated by Neurazon USA ("BrainyGaming", "we", "us", or "our"). They govern your access to and use of the BrainyGaming website, games, mobile and web applications, and all related content, features, and services (collectively, the "Service"). Please read them carefully.

1. Eligibility & Acceptance

The Service is intended for use by adults aged 18 or older acting on their own behalf or on behalf of a child in their care. By using the Service you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. Accounts and subscriptions on behalf of a minor may only be created and managed by that minor's parent or legal guardian. If you use the Service on behalf of an organization (such as a clinic or school), you represent that you are authorized to bind that organization to these Terms.

2. Definitions

• "Account" means the registered profile through which you access the Service.
• "Content" means all games, text, graphics, reports, software, and other materials made available through the Service.
• "Subscription" means a paid, recurring plan granting access to premium features of the Service.
• "Child Data" means information relating to a minor entered or generated through the Service.

3. Nature of the Service — Not Medical Advice

BrainyGaming provides digital games and cognitive-training exercises designed to support skill development and engagement. The Service is an educational and supplemental wellness tool. It is not a medical device, and it does not provide medical, psychological, diagnostic, or therapeutic services.

• No diagnosis or treatment: The Service does not diagnose, treat, cure, or prevent any disease, disorder, or condition. Progress scores and reports are indicative engagement metrics only and are not clinical assessments.
• Consult a professional: The Service is never a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified physician or licensed health provider regarding any medical or developmental condition, and never disregard professional advice or delay seeking it because of anything accessed through the Service.
• Emergencies: If you believe there is a medical emergency, call your local emergency number immediately.

4. Accounts & Registration

To access certain features you must register for an Account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use. We may refuse, suspend, or terminate an Account at our discretion if the information provided is inaccurate or if these Terms are breached.

4.1 Parental Responsibility

Where the Service is used by a child, the parent or legal guardian is solely responsible for supervising that use, for the accuracy of any Child Data provided, for setting appropriate usage limits, and for all activity conducted through the Account. The parent or guardian consents, on the child's behalf, to the collection and processing of Child Data as described in our Privacy Policy.

5. Acceptable Use

You agree to use the Service only for its intended, lawful purposes. You must not, and must not permit others to:

• copy, modify, distribute, sell, sublicense, reverse-engineer, decompile, or create derivative works from any part of the Service;
• access the Service through automated means (bots, scrapers, crawlers) or attempt to circumvent usage, security, or authentication controls;
• upload or transmit malware, or interfere with or disrupt the integrity or performance of the Service;
• share, resell, or provide access to your Account or Subscription to unauthorized third parties;
• use the Service to violate any applicable law, infringe intellectual-property or privacy rights, or harass, harm, or exploit any person, particularly minors.

6. Subscriptions, Billing & Auto-Renewal

Certain features are offered on a paid Subscription basis. By purchasing a Subscription you authorize us and our payment processor to charge the applicable fees to your selected payment method.

• Billing cycle: Subscriptions are billed in advance on a recurring monthly or annual basis, depending on the plan selected at checkout. Applicable taxes may be added.
• Automatic renewal: Unless cancelled before the end of the current billing cycle, your Subscription renews automatically for a further period of the same length, and your payment method is charged at the then-current rate.
• Price changes: We may change Subscription fees. Any change will apply to subsequent billing cycles and we will provide reasonable prior notice. Your continued use after a change takes effect constitutes acceptance of the new fees.
• Free trials & promotions: Where offered, free trials or promotional pricing may be provided at our sole discretion and may convert into a paid Subscription unless cancelled before the trial ends.
• Payment processing: Payments are processed securely by third-party providers (including Stripe and the card networks Visa and Mastercard). We do not store full card numbers. Your use of payment services is also subject to those providers' terms.

7. Cancellation & Refunds

You may cancel your Subscription at any time from your account settings; cancellation stops future renewals and takes effect at the end of the current paid period. All payments are non-refundable except where a refund is required by applicable law. Full details are set out in our Cancellation & Refund Policy, which is incorporated into these Terms by reference.

8. Intellectual Property

The Service and all Content, features, functionality, trademarks, logos, and underlying technology are and remain the exclusive property of BrainyGaming, Neurazon USA, and their licensors, and are protected by copyright, trademark, and other laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your own non-commercial, personal or family use. No other rights are granted.

9. User-Generated Content & Data

You retain ownership of information you submit. By submitting it, you grant us a worldwide, royalty-free licence to host, store, process, and display that information solely to operate and improve the Service and to generate progress reports, in accordance with our Privacy Policy. You represent that you have all rights necessary to provide such information and that it does not violate any law or third-party right.

10. Third-Party Services

The Service may link to or integrate third-party services (for example, payment processors, analytics, or hosting providers). We are not responsible for the content, policies, or practices of any third party, and your dealings with them are solely between you and that third party.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to educational, developmental, or health outcomes. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any particular result will be achieved.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall BrainyGaming, Neurazon USA, or their directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your access to, use of, or inability to use the Service. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service shall not exceed the greater of (a) the total amount you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty US dollars (US$50).

13. Indemnification

You agree to indemnify, defend, and hold harmless BrainyGaming, Neurazon USA, and their affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your Content, or your breach of these Terms or of any applicable law or third-party right.

14. Termination & Suspension

We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms, if required by law, or to protect the Service or other users. You may stop using the Service at any time and cancel your Subscription as described above. Provisions that by their nature should survive termination — including ownership, disclaimers, indemnity, and limitations of liability — will survive.

15. Changes to the Service & Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also revise these Terms from time to time. If a change is material, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last Updated" date or by email). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree that any dispute not resolved informally shall be subject to the exclusive jurisdiction of the competent courts located in Delaware, and you waive any objection to such venue. Before initiating any formal proceeding, you agree to first contact us to seek a good-faith resolution.

17. General

These Terms, together with the Privacy Policy and Cancellation & Refund Policy, constitute the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or successor.

18. Contact Us

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

• Email: brainygaming@neurazon.com