Terms of Service

Last updated: May 6, 2026

1. Agreement to Terms

By accessing and using BrainCandy (braincandy.im), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use BrainCandy. We reserve the right to modify these Terms at any time with notice (see Section 2.7).

2. Account & Eligibility

Age Requirements

• General Zone (all games except Kids Zone): You must be 13 years or older and reside in a supported jurisdiction.
• Kids Zone (kid-appropriate games): Available only to children under 13 with verifiable parental consent. Parents must confirm consent via email verification.
• Creator Account (uploading games): You must be 18 years or older and a US or EU citizen with valid tax documentation.

Account Creation & Responsibility

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity under your account.
• You agree to provide accurate and current information.
• BrainCandy is not liable for unauthorized access resulting from your failure to protect your password.

Account Suspension or Termination

We may suspend or terminate your account if:

• You violate these Terms or our Community Guidelines
• You engage in fraud, cheating, or abuse
• You are under 13 and lack valid parental consent
• We are required to do so by law
• There is a credible safety or legal risk

For material breaches, we will provide notice and a reasonable opportunity to cure (minimum 24 hours). For safety/legal matters, we may suspend immediately without notice.

3. License Grant

BrainCandy's License to You

BrainCandy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the BrainCandy platform solely for personal, non-commercial entertainment purposes. This license does not include the right to:

• Copy, modify, or create derivative works
• Reverse-engineer, decompile, or disassemble the platform
• Remove copyright or proprietary notices
• Use the platform for commercial purposes (except as a creator earning SB)
• Resell or redistribute access to BrainCandy

Restrictions

You may not:

• Scrape or automate data collection from the platform
• Use bots, scripts, or automated tools to manipulate gameplay or earnings
• Attempt to gain unauthorized access to BrainCandy's systems
• Interfere with the platform's operation or security

4. User Conduct

Prohibited Conduct

You agree not to:

• Cheat or Exploit: Use aimbots, wall hacks, speed hacks, or other exploits that gain unfair advantage.
• Harassment or Abuse: Harass, threaten, bully, or intimidate other users.
• Hate Speech: Post content promoting hate based on race, ethnicity, religion, gender, sexual orientation, or other protected characteristics.
• Sexual Content: Share sexually explicit, obscene, or inappropriate content.
• Child Safety: Any content sexualizing, exploiting, or harming children. Zero tolerance — immediate ban and law enforcement referral.
• IP Infringement: Upload or share copyrighted material without authorization.
• Spam: Flood the platform with repetitive, unsolicited messages.
• Malware: Distribute malware, viruses, or other malicious code.
• Impersonation: Pretend to be another person or entity to deceive.
• Doxxing: Share another user's personal information without consent.

5. User Content

User Content License

When you submit content (profile info, comments, gameplay videos, or as a creator—game assets), you grant BrainCandy a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, perform, and display that content for the purpose of operating the platform, promoting BrainCandy, and analyzing gameplay trends.

Your IP Rights

You retain ownership of your original content. You are solely responsible for any claims that your content infringes third-party IP rights.

Removal of Content

BrainCandy reserves the right to remove any content that violates these Terms or our Community Guidelines without notice.

6. Creator-Specific Terms

If you upload games to BrainCandy as a creator, you agree to the Creator Agreement, which details:

• The 92% creator / 4% platform / 4% community revenue split
• Payout schedule and minimum thresholds
• Content ownership and licensing
• Quality standards and review process
• Anti-fraud policies and payout clawback
• Tax reporting (W-9 if >$600/year)

By submitting a game, you represent and warrant that you own all intellectual property in the game and that it does not infringe any third-party rights.

7. Virtual Currency (SB)

SB Terms

• No Real-World Value: SB cannot be sold, traded, or transferred to other users. SB has no cash value outside the official redemption process.
• Non-Transferable: You cannot gift or sell SB to other players.
• Non-Inheritable: Upon account deletion or death, all SB is forfeited.
• Redemption Only: SB can be redeemed for USD only through Stripe Connect (minimum $25 payout threshold, subject to verification and anti-fraud review).
• No Guarantee of Redemption: BrainCandy reserves the right to deny redemption if fraudulent or irregular activity is detected.
• Modification or Elimination: BrainCandy may modify or eliminate the SB system at any time with 30 days' notice. Redemption requests submitted before the effective date will be honored.

SB Tax Responsibility

If you redeem SB for more than $600 in a calendar year, you are responsible for reporting this as income. BrainCandy will issue a 1099-NEC form as required by law.

8. Skill-Based Gameplay Disclaimer

Guarantee of No Bots in Contests

We explicitly guarantee that:

• Contest results are determined by actual player performance, not bot manipulation.
• Leaderboards reflect real human players only (bots account for <1% of gameplay and are clearly labeled).
• Payouts are never withheld based on algorithmic manipulation of outcomes.
• All random reward odds (loot boxes, daily bonuses) are publicly disclosed and auditable.

Lesson from Industry History: BrainCandy learned from past lawsuits involving Mistplay, Papaya/Skillz, and others. We are committed to transparent, fair gameplay with no hidden bot interference or algorithmic tilting.

9. Prohibited States for Cash Redemption

Due to state gambling laws and skill-gaming regulations, cash redemption of SB is NOT available to residents of the following states:

• Arkansas
• Connecticut
• Delaware
• Louisiana
• Maine
• Montana
• South Carolina
• South Dakota
• Tennessee
• Arizona
• Indiana
• Maryland
• Mississippi

Residents of these states may still play games and earn SB, but cannot redeem SB for cash. You remain solely responsible for understanding your state's laws regarding skill-based gaming and prize redemption.

10. Subscriptions & Billing

Pricing & Renewals

If BrainCandy offers a Premium subscription (not yet active), pricing will be clearly stated at checkout. Subscriptions auto-renew unless cancelled before the renewal date.

Cancellation Rights

• US (California): You have the right to cancel any subscription within 30 days of purchase for a full refund. Click the "Cancel Subscription" button in account settings at any time.
• EU/UK: You have 14 days from purchase to cancel and receive a full refund (Consumer Rights Directive). Cancellations after 14 days are processed per the subscription terms.
• All Users: Click "Cancel" in account settings (Subscriptions tab) and your subscription will end at the current billing cycle.

11. Refund Policy

Refundable Purchases

The following purchases are eligible for refunds:

• Accidental Purchases: Duplicate SB purchases or purchases made in error, within 30 days of purchase.
• Minors' Purchases: If a user claims a purchase was made by a minor without parental consent, a refund may be issued pending verification.
• Defective Games: If a creator's game has game-breaking bugs affecting gameplay, refunds of related SB may be issued.

Non-Refundable

• SB redeemed for cash (once processed via Stripe, no chargebacks).
• SB earned through gameplay (not a purchase).
• Intentional purchases you no longer want (no "refund for regret").

Refund Process

Request a refund by emailing support@braincandy.im with your account email and order details. We will respond within 7 business days.

12. Disclaimers

No Health or Cognitive Claims

We explicitly disclaim any medical, cognitive, or therapeutic benefit from BrainCandy gameplay. Do not rely on BrainCandy as a treatment, supplement, or substitute for professional medical or psychological advice.

"As-Is" Service

BrainCandy is provided "as-is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranty

We do not warrant that:

• The platform will be uninterrupted or error-free
• Defects will be corrected
• The platform is free of viruses or malicious code
• SB earned will maintain value or be redeemable in perpetuity

13. Limitation of Liability

Cap on Damages

To the fullest extent permitted by law, BrainCandy's total liability for any claim arising from these Terms or your use of the platform is limited to the greater of:

• $100 USD, or
• The total amount of fees you paid to BrainCandy in the 12 months preceding the claim

Excluded Damages

In no event is BrainCandy liable for incidental, indirect, special, consequential, punitive, or exemplary damages, including loss of profits, data loss, or business interruption, even if advised of the possibility of such damages.

Applies to All Claims

This limitation applies to all claims, whether in contract, tort (including negligence), strict liability, or otherwise.

14. Binding Arbitration & Class Action Waiver

Dispute Resolution Process

Before pursuing any legal action, you agree to attempt informal resolution by emailing legal@braincandy.im with a detailed description of your dispute. We will respond within 30 days. If not resolved within 60 days, you may pursue arbitration.

Mandatory Binding Arbitration

Any dispute arising from these Terms or your use of BrainCandy shall be resolved by individual binding arbitration, not by court litigation. The arbitration shall be administered by [ARBITRATION_PROVIDER] (JAMS or AAA) under its rules. The arbitration shall:

• Be conducted on an individual basis (no class or consolidated arbitrations)
• Be held in [ARBITRATION_VENUE] (city/state)
• Be conducted by a single neutral arbitrator
• Allow discovery as permitted by arbitration rules

Class Action Waiver

You agree that you may only bring claims in individual arbitration, not as a plaintiff in a class action, consolidated action, or representative action. The arbitrator cannot award class-wide relief.

Jury Trial Waiver

You waive the right to trial by jury.

30-Day Opt-Out Right

You may opt out of arbitration: Within 30 days of first accepting these Terms, email legal@braincandy.im with the subject "Arbitration Opt-Out Request" and your account email. If you opt out, all other terms remain binding, but disputes involving you will be resolved in court per Section 15 (Governing Law).

Arbitration Costs

BrainCandy will pay all arbitration fees and costs not normally borne by you in court.

Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

• Claims for injunctive or equitable relief (e.g., account suspension disputes)
• Disputes involving IP infringement or trade secrets
• Small claims in your state's small claims court (if available and you do not appeal to arbitration)

15. Indemnification, Severability & Governing Law

Indemnification

You agree to indemnify, defend, and hold harmless BrainCandy and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your violation of these Terms
• Your use of BrainCandy
• Your user content or uploaded games
• Your infringement of third-party IP rights
• Your violation of applicable laws

Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. The remainder of the Terms remains in effect.

Force Majeure

BrainCandy is not liable for failures to perform its obligations due to causes beyond reasonable control, including natural disasters, war, pandemics, or government action. If force majeure prevents service for >30 days, you may terminate your account with no penalty.

Assignment

BrainCandy may assign these Terms or your account to another entity with 30 days' notice. You may not assign your account or these Terms without BrainCandy's written consent.

Governing Law

These Terms are governed by the laws of [BUSINESS_STATE], without regard to conflict-of-laws principles. The United Nations Convention on the International Sale of Goods does not apply.

Entire Agreement

These Terms, along with our Privacy Policy, Community Guidelines, and Creator Agreement (if applicable), constitute the entire agreement between you and BrainCandy. Any prior negotiations or understandings are superseded.

Survival

The following sections survive termination or expiration of these Terms:

• Section 7 (Virtual Currency)
• Section 12 (Disclaimers)
• Section 13 (Limitation of Liability)
• Section 14 (Binding Arbitration)
• Section 15 (Indemnification, Severability, Governing Law)

Contact Us

Questions about these Terms? Contact:

• Email: legal@braincandy.im
• Mailing address: [BUSINESS_ADDRESS]
• Response time: 30 days

For account-specific issues, contact support@braincandy.im.