Terms of Service

1. Agreement & definitions

These Terms of Service (“Terms”) are a binding agreement between you and Brainstruct LLC (“Brainstruct,” “we,” “us”) governing your use of our websites, apps, games, subscriptions, and physical Build Box products (together, the “Services”).

• Account Owner — the adult who registers and manages an account.
• Parent — the parent or legal guardian responsible for a child using the Services.
• Child — a minor whose profile is created and supervised by a Parent.

2. Eligibility & parental responsibility

You must be at least 18 years old to create an account. Brainstruct is used by children only under the supervision of a Parent, who is responsible for creating and managing any child profile, for supervising their child’s use of the Services, and for all activity under the account. By creating a child profile, you confirm you are that child’s Parent or guardian and consent to these Terms on their behalf.

3. The service

Brainstruct provides curated early-learning games in an app, along with physical Build Box products, designed to help young children learn through play. We may add, change, or discontinue features over time. We may suspend or discontinue the Services, in whole or in part, with reasonable notice where practical.

4. Your account

You agree to provide accurate information, keep your login credentials secure, and promptly notify us of any unauthorized use. You are responsible for activity under your account, including any child profiles you create. We may suspend or terminate accounts that violate these Terms.

5. License & acceptable use

Subject to these Terms, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the Services for your family’s personal, non-commercial use. You agree not to:

• Use the Services unlawfully, or in a way that harms others or the Services;
• Copy, modify, distribute, sell, or lease any part of the Services;
• Reverse-engineer, decompile, or attempt to extract source code, except where permitted by law;
• Access the Services with bots, scrapers, or other automated means, or scrape or harvest data;
• Circumvent security, rate limits, or access controls; or
• Use the Services to build a competing product or for other commercial exploitation.

6. App stores & third-party services

If you download our app from the Apple App Store or Google Play, your use is also subject to that store’s terms, and purchases made through a store are processed and governed by that store. The Services may rely on or link to third-party services (for example, payment processing and hosting) that operate under their own terms; we are not responsible for third-party services.

7. Subscriptions, auto-renewal & free trials

Some features require a paid subscription. Subscriptions renew automatically at the then-current price for the same period until you cancel, and your payment method is charged at the start of each period.

If a free trial is offered, it automatically converts to a paid subscription at the end of the trial unless you cancel before it ends. You can cancel anytime, effective at the end of the current billing period:

• For App Store or Google Play subscriptions, manage or cancel in your device's store account settings;
• For subscriptions purchased on our website, cancel from your account or by contacting us.

We will give reasonable notice of any price change, which takes effect at your next renewal.

8. Refunds & cancellation

Purchases made through the App Store or Google Play are subject to that store’s refund policies, and refunds for those purchases are handled by the store. Subscriptions and digital purchases made directly with us are generally non-refundable except where required by law. If you are a consumer in the EU or UK, you have a 14-day right to withdraw from a purchase of digital content; by starting to use digital content during that period you acknowledge you may lose that right once performance has begun with your consent.

9. Build Box orders

Physical Build Box purchases are subject to the pricing, availability, shipping timelines, and return/refund details shown at the time of order. Risk of loss passes to you on delivery.

10. Your content & feedback

You retain ownership of any content you submit (for example, a support message). By sending us feedback or suggestions, you grant us a royalty-free, perpetual license to use them to improve the Services without obligation to you.

11. Our intellectual property

Brainstruct and its licensors own the Services, including our games, content, software, designs, and brand marks. Except for the license granted above, no rights are transferred to you. You may not use our brand marks without our written permission.

12. Disclaimer of warranties

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or secure.

13. Limitation of liability

To the fullest extent permitted by law, Brainstruct will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Brainstruct and its officers, employees, and agents from any claims, damages, or costs arising out of your misuse of the Services, your content, or your violation of these Terms or the rights of others.

15. Dispute resolution & arbitration

Please read this section carefully — it affects how disputes are resolved. Except where prohibited by law, you and Brainstruct agree to resolve any dispute through binding individual arbitration rather than in court, and to waive the right to a jury trial and to participate in a class action. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms. This section does not prevent either party from seeking relief in small-claims court where available.

16. Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. Subject to the arbitration section, disputes will be resolved in the state or federal courts located in Texas.

17. Changes to these terms

We may update these Terms from time to time. If we make material changes, we’ll notify you within the Services or by email and update the date above. Your continued use after an update means you accept the revised Terms.

18. Miscellaneous

If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement between you and Brainstruct regarding the Services. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. You agree we may communicate with you electronically.

19. Contact us

Questions about these Terms? Email [email protected]. Brainstruct LLC, United States.