Terms of Use

(1) These General Terms and Conditions of Use (“Terms and Conditions” / “GTC”) govern the use of the “Brain1” service in all available versions:

• Web platform (brain1.com)
• Mobile apps (iOS and Android)
• Virtual reality application (Meta Quest / Oculus)

as well as the conclusion of paid subscriptions and other purchases from Brain 1 GmbH, Domhofstraße 65, 63263 Neu-Isenburg, Germany (registered HRB 57271) (“we”, “us”, “provider”).

Definitions

• User: any natural person using Brain1 (users under 18 are “minor users”).
• Organisation: a company/association/educational institution/sports club or other legal entity using a B2B version or team functions (see Appendix A).
• B2C: consumer use (Section 13 BGB).
• B2B: organisational/commercial/professional/institutional use.

(3) The current version of these terms is available on brain1.com/legal and in the app settings.

(1) By registering a user account and accepting these Terms of Use, a user agreement for the basic version of Brain1 is concluded.

(2) Store/website presentation is not a binding offer; by downloading/using Brain1, the user submits an offer which we accept by providing functionality.

(3) Brain1 is an application for brain training and mental fitness. It is a training and entertainment service and does not replace medical advice/diagnosis/treatment.

Paid services / in-app purchases

(4) Users can purchase additional paid services; each purchase constitutes a separate contract.

(5) Paid services may include:

• Premium subscriptions (monthly/annual/unlimited)
• Individual premium features or content
• Virtual goods or additional content

Trial periods may be offered; no automatic conversion unless expressly stated and separately confirmed by the user.

(6) Functions may vary by platform/device/tariff; we may further develop the service if reasonable. Scoring/models may be adjusted and results may change.

(1) Guest mode may be available with limitations; progress is stored locally only.

(2) Registration may use email/password or Magic Link (if offered).

(3) During registration we collect a user name and email; additional profile info is voluntary.

User obligations

• Provide truthful information
• Keep access data secret and protected
• Notify us immediately if you suspect misuse

(5) Accounts are non-transferable; using third-party accounts is prohibited.

(1) Users under 18 may only use Brain1 with consent of a parent/guardian.

(2) If consent appears missing/ineffective, we may restrict use, request evidence, suspend or delete the account.

General requirements

• Stable internet connection
• Compatible device with up-to-date OS

Platform minimums

• Web: modern browser with JavaScript enabled
• iOS: iOS 15.0+
• Android: Android 8.0+
• VR: Meta Quest 2/3/Pro with current firmware

Updates may be required for security, compatibility, bug fixes, and new features. Planned maintenance may cause temporary unavailability.

• Friends lists and requests
• Leaderboards (global/regional)
• User search by username

Conduct rules

• No phone numbers/emails/addresses/full real names in profiles
• No illegal, child-endangering, violent, discriminatory or rights-infringing content
• No bullying/harassment/spam

Profile pictures may be moderated randomly; minors should consider using avatars.

Users may upload content (e.g., profile pictures/usernames) and must have the necessary rights.

By uploading, users grant a non-exclusive, worldwide, revocable right to store, process, and transmit content solely to provide/display it within the service.

We may remove content, especially for violations or to protect minors. Users indemnify us against third-party claims arising from rights violations.

(1) App store purchases (iOS/Android/Meta): billing, cancellations, and refunds are handled by Apple/Google/Meta; store terms apply.

(2) Website purchases: processed via Stripe; we do not store full payment details.

(1) Website subscriptions can be cancelled anytime effective at the end of the billing period.

(2) UK consumer contracts on the website: an online cancellation option (“cancellation button”) is provided.

(3) Cancelling does not delete the account; account deletion is separate.

If you are a consumer (Section 13 BGB) and purchase via the website, a statutory right of withdrawal generally applies. App store purchases are handled by the respective store provider.

Cancellation policy

You have the right to withdraw within 14 days from contract conclusion. To exercise this right, inform Brain 1 GmbH (Domhofstraße 65, 63263 Neu-Isenburg, Germany, email: info@brain1lab.com) via a clear statement (post or email).

Consequences of withdrawal

We reimburse payments within 14 days using the same payment method unless agreed otherwise.

Digital content

The right of withdrawal expires if performance begins after you expressly consent and acknowledge loss of withdrawal rights.

Sample withdrawal form

To:
Brain 1 GmbH
Domhofstraße 65, 63263 Neu-Isenburg
Email: info@brain1lab.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
_____________________________________________
(Description of digital content/service)
Ordered on (*) / received on (*): ___________________
Name of consumer(s): ___________________
Address of the consumer(s): ___________________

_____________________________________________
Date, signature of the consumer(s)
(only for paper notifications)

(*) Delete as appropriate.

Transactional messages

We may send contract/security emails (registrations, purchases, cancellations, security notices, important changes). These are necessary and cannot be unsubscribed from.

Marketing messages

Sent only to the extent permitted by law (consent or customer exception); every message includes unsubscribe options.

Push notifications

Training reminders can be disabled in device/app settings.

Users must not misuse Brain1. Prohibited includes:

• Circumventing usage/payment restrictions
• Manipulating results/scores/leaderboards
• Bots/scripts/automation
• Illegal/offensive/child-endangering/discriminatory content
• Reverse engineering (except as permitted by law)
• Unauthorized access attempts; disruption/overloading
• Harassment or rights infringements
• Commercial use without permission (except under B2B licence)

We may remove content, restrict functions, suspend/close accounts, or take legal action.

Users may delete accounts via settings or support.

Backups may remain up to 30 days for technical reasons.

We may terminate/suspend for serious/repeated violations, fraud/payment abuse, protecting users (especially minors), or legal obligations.

Brain1 content (games/software/algorithms/text/graphics/designs/trademarks) is protected.

Users receive a non-exclusive, non-transferable, revocable licence:

• B2C: private, non-commercial use
• B2B: within the organisational licence scope

Further use requires written permission.

Unlimited liability: intent/gross negligence; injury to life/limb/health; Product Liability Act; guarantees.

In simple negligence: liable only for essential contractual obligations; limited to foreseeable typical damages.

Brain1 aims to improve cognitive performance, but we do not guarantee scientifically verifiable individual effects.

Free version: liability only for intent/gross negligence.

Information about personal data processing is available in the privacy policy (brain1.com/datenschutz) and in app settings.

German law applies (excluding CISG). For consumers, mandatory protections of habitual residence remain.

Jurisdiction (as permitted): registered office of Brain 1 GmbH (with consumer limitations described in the GTC).

We are not obliged nor generally willing to participate in consumer arbitration under VSBG.

Note: EU ODR platform discontinued since 20 July 2025.

Severability clause applies if provisions are invalid.

We may notify changes via email/in-app. If consent is required, we obtain it before changes take effect.

The English version is binding; translations are informational.

A.1 Scope

Applies to organisations (not consumers) such as companies, clubs, educational institutions, sports clubs, and other legal entities.

A.2 Inviting users

Organisations invite users by email/link and must ensure legal basis for invitations/data processing (employees/members/minors).

A.3 Admin dashboard and statistics

Admins may invite/manage users and view statistics; organisation is responsible for legal basis and informing users.

A.4 Data protection roles and order processing

Organisation generally acts as controller; Brain 1 GmbH acts as processor; parties conclude a DPA (Art. 28 GDPR).

A.5 Contract term and licences

B2B term as agreed; exceeding licensed users may lead to charges or blocking excess accounts.

A.6 Liability and indemnification

Statutory liability applies with modifications; organisation indemnifies Brain 1 GmbH for breaches by org/users including legal defense costs.

A.7 Consumer protection regulations

Withdrawal / cancellation button provisions do not apply to B2B contracts; jurisdiction clause applies without restriction to B2B.