Terms of Use
Brain1 - Terms of Use
(as of February 2026)
Provider, scope and definitions
These General Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions" or "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 in the commercial register of the Offenbach am Main Local Court under HRB 57271 (hereinafter referred to as "we", "us" or "provider").
Definitions:
"User" is any natural person who uses Brain1. Users under the age of 18 are also considered "minor users".
"Organisation" refers to a company, association, educational institution, sports club or other legal entity that uses a B2B version or team functions of Brain1. For organisations, the additional B2B terms and conditions in Appendix A apply.
"B2C" (business-to-consumer): Use as a consumer within the meaning of Section 13 of the German Civil Code (BGB) (natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed).
“B2B†(business-to-business): Use within an organisation for commercial, professional or institutional purposes.
The current version of these terms and conditions is available at any time on our website at brain1.com/legal and in the settings of the apps.
Conclusion of contract, subject matter of the contract and description of services
By registering a user account and accepting these Terms of Use, a user agreement for the basic version of Brain1 is concluded between the user and Brain 1 GmbH.
The presentation of the app in the app stores (Apple App Store, Google Play Store, Meta Quest Store) and on our website does not constitute a legally binding offer, but rather an invitation to submit an offer. By downloading or using the app, the user submits an offer to conclude a user agreement, which we accept by providing the app functionality.
Brain1 is an application for brain training and mental fitness. The service offers interactive exercises and games to promote memory, concentration, responsiveness and logical thinking. Brain1 is a training and entertainment service. It does not replace medical or therapeutic advice, diagnosis or treatment. If you have any health concerns, please consult a doctor or qualified therapist.
Within Brain1, users can purchase additional paid services (in-app purchases). Each in-app purchase constitutes a separate contract that is concluded in addition to the user agreement for the free basic version.
The type, scope and price of the respective paid service are specified in the specific offer description at the time of purchase. The offer description is displayed to the user before the purchase process is completed. Paid services may include, in particular:
Premium subscriptions with extended functionality (monthly, annual or unlimited),
Individual premium features or content,
Virtual goods or additional content.
Confirmation of the purchase by the user (e.g. by clicking on "Buy" and authenticating in the app store or completing the payment on the website) constitutes a binding order. For underage users, a parent or other legal representative (hereinafter "legal guardian") must give their consent. The contract for the paid service is concluded upon our confirmation or the immediate activation of the service.
We may offer a free trial period (e.g. 7 or 30 days) for premium features. After the trial period expires, there will be no automatic conversion to a paid subscription unless expressly stated otherwise and separately confirmed by the user. The user must actively take out a paid subscription in order to continue using the premium features.
The range of functions may vary depending on the platform (web, mobile, VR), device and tariff booked. We reserve the right to further develop the offer and adjust the range of functions, provided this is reasonable for the user. In addition, the basis for calculating the scores and the underlying models may be adjusted as part of the continuous development of our services; as a result, the results may change or improve at any time.
Registration and account
Brain1 can be used in a limited guest mode without registration. In guest mode, functions and/or the number of exercises that can be played per day are limited. Progress made in guest mode is only stored locally on the respective device and cannot be synchronised across devices.
Registration is required to use all functions. Login is via:
Email address and password, or
Magic Link (passwordless login via email), if offered.
During registration, we collect a freely selectable user name and email address. Further profile information (e.g. country, avatar) is voluntary.
The user is obliged to:
provide truthful information,
keep their access data secret and protect it from access by third parties,
inform us immediately if there are indications of misuse of the account.
An account is non-transferable. The use of third-party accounts is prohibited.
Restrictions on use
The following applies to users under the age of 18: Our services may only be used with the consent of a parent or guardian.
If we have reasonable grounds to believe that the consent of a parent or guardian has not been effectively given or that a child has registered without consent, we may:
restrict use,
request additional information or evidence,
temporarily suspend or delete the account.
System requirements and updates
The following technical requirements are necessary to use Brain1:
A stable internet connection
A compatible device with an up-to-date operating system.
Platform-specific minimum requirements:
Web: Current browser (Chrome, Firefox, Safari, Edge) with JavaScript enabled.
iOS: iPhone or iPad with iOS 15.0 or higher.
Android: Device with Android 8.0 or higher.
VR: Meta Quest 2, Meta Quest 3 or Meta Quest Pro with current firmware.
Current system requirements can be found in the respective app store information or on our website.
We may further develop the service and provide updates. Updates may be necessary to:
close security gaps,
ensure compatibility with new operating system versions,
fix bugs, or provide new features.
Please install available updates promptly.
Maintenance work and system malfunctions may result in temporary unavailability. We will announce planned maintenance work in advance whenever possible.
Profiles, friends and rankings
Brain1 may offer social features, in particular:
Friends lists and friend requests,
Global and regional leaderboards,
Search for other users by username.
Depending on the settings, the following can be displayed in rankings: user name, avatar/profile picture and score. Users can hide this information (except for the user name) in their privacy settings.
Rules of conduct for profiles and social functions:
No telephone numbers, email addresses, addresses or full real names in the user name or profile.
No content that infringes the rights of third parties or endangers children (e.g. sexualised, violent or discriminatory content).
Treat other users with respect; no bullying, no harassment, no spam.
Profile pictures are moderated by us on a random and case-by-case basis. We recommend that underage users in particular use an avatar instead of a real photo.
User content and granting of rights
Users can contribute their own content to the service, in particular profile pictures and user names. The user assures that they hold all necessary rights to this content and that uploading it does not infringe any third-party rights (in particular copyrights, personal rights or trademark rights).
By uploading this content, the user grants us a non-exclusive, worldwide, revocable right to store, process and transmit this content exclusively for the purpose of providing and displaying it within the service (e.g. profile display, rankings).
We are not obliged to store user content permanently or to make backups. We may remove content at our own discretion, in particular in the event of violations of these terms and conditions or to protect underage users.
The user indemnifies us against all claims by third parties arising from a violation of their rights by content posted by the user.
Payment processing
Purchases via app stores (iOS/Android/Meta Quest Store): Billing is handled by Apple, Google or Meta. The terms and conditions of the respective store also apply. Cancellations and refunds are also handled by the respective store.
Purchases via the website: Payments are processed via the payment service provider Stripe. We do not receive or store complete credit card or bank details.
Cancellation and contract term
Subscriptions taken out via our website can be cancelled at any time with effect from the end of the respective billing period.
For consumer contracts concluded in the United Kingdom via our website, we provide an easily accessible online cancellation option ("cancellation button").
Cancelling a subscription does not automatically result in the deletion of the account. The account can be deleted separately (see § 11).
Right of withdrawal (web purchases only, consumers)
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and conclude a contract via our website, you are generally entitled to a statutory right of withdrawal. If your purchase was made via an app store (Apple App Store, Google Play Store or Meta Quest Store), your right of withdrawal and any refund requests will be handled directly by the respective app store provider. The cancellation and refund policies of the respective store apply. Brain 1 GmbH cannot process or approve refunds itself in these cases. The following cancellation policy therefore applies exclusively to purchases made directly via our website (brain1.com).
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Brain 1 GmbH, Domhofstraße 65, 63263 Neu-Isenburg, Germany, email: info@brain1lab.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of withdrawal
If you withdraw from the contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Special information for digital content
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier (e.g. premium subscriptions, in-app purchases) if we have begun to execute the contract after you:
have expressly agreed that we may begin executing the contract before the expiry of the withdrawal period, and
confirmed your awareness that your consent to commence performance of the contract means that you lose your right of withdrawal.
Sample withdrawal form
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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.
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Communication
Transactional messages: We may send you emails regarding essential contractual and security matters, in particular:
Confirmations (registration, purchases, cancellations)
Security-related notices (unusual login activity, password changes),
Important changes to these terms or our services.
These messages are necessary for contract processing and cannot be unsubscribed from.
Marketing messages: We only send promotional or motivational messages to the login email address on file and only to the extent permitted by law (in particular with consent or within the scope of the existing customer exception pursuant to Section 7 (3) UWG). We provide unsubscribe options in every message.
Push notifications: Push notifications can be activated (e.g. training reminders). These can be deactivated at any time in the device or app settings.
Prohibited use
The user undertakes not to misuse Brain1. In particular, the following is prohibited:
Circumventing usage or payment restrictions
Manipulating game results, scores or rankings,
Using bots, scripts or automated programmes,
Uploading or distributing illegal, offensive, child-endangering, violence-glorifying or discriminatory content,
reverse engineering, decompiling or disassembling the software (except to the extent permitted by law),
Unauthorised attempts to access systems, servers or accounts of other users,
Disruption or overloading of systems,
Use of the service in a manner that endangers, harasses or infringes on the rights of other users,
Commercial use without express permission (except under a B2B licence).
In the event of violations of these provisions, we may:
remove infringing content,
restrict individual functions,
temporarily suspend or permanently close the account,
take legal action in the event of serious violations.
Termination, suspension and account deletion
Users can delete their account at any time via the settings in the app/website or by contacting our support team.
Personal data will be deleted in accordance with our privacy policy. For technical reasons, backups may remain in place for up to 30 days before being completely deleted.
We may terminate the user agreement for good cause or block accounts, in particular in the event of:
serious or repeated violations of these terms and conditions,
fraudulent behaviour or payment abuse,
to protect other users, in particular minors,
legal obligations.
In the event of a suspension or termination by us, we will inform the user at the email address provided, unless there are legal reasons to the contrary.
Intellectual property
Brain1, including all games, software, algorithms, texts, graphics, designs, animations, sounds and trademarks, is protected by copyright and other intellectual property rights. All rights remain with Brain 1 Ltd. or our licensors.
The user receives a simple (non-exclusive), non-transferable, revocable licence to use Brain1:
In the B2C sector: for private, non-commercial purposes.
In the B2B sector: within the scope of the agreed organisational licence.
Any use beyond this, in particular reproduction, distribution, making available to the public or commercial exploitation, requires our prior written consent.
Liability
We shall be liable without limitation:
in cases of intent and gross negligence,
for damages resulting from injury to life, limb or health,
in accordance with the provisions of the Product Liability Act,
to the extent of any guarantee assumed by us.
In cases of simple negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations) whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In such cases, liability shall be limited to the foreseeable damage typical for this type of contract.
Brain1 is an entertainment and training service with the aim of improving cognitive performance. However, we do not guarantee any scientifically verifiable individual training effects or performance improvements.
We shall only be liable for damages resulting from the breach of obligations within the scope of a free usage relationship (free version) in cases of intent and gross negligence.
The above limitations of liability also apply in favour of our legal representatives, vicarious agents and employees.
Data protection
Information on the processing of personal data can be found in our privacy policy, available at brain1.com/datenschutz and in the app settings.
Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers within the meaning of Section 13 of the German Civil Code (BGB), this choice of law shall only apply insofar as it does not deprive consumers of mandatory consumer protection provisions of the state in which the consumer has his habitual residence (Art. 6 (2) Rome I Regulation).
The place of jurisdiction for all disputes arising from or in connection with these terms and conditions is, to the extent permitted by law, the registered office of Brain 1 GmbH. This agreement only applies to consumers if the consumer does not have a general place of jurisdiction in Germany or moves their place of residence or habitual abode abroad after conclusion of the contract.
Out-of-court dispute resolution
We are neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG).
Note: The EU Online Dispute Resolution (ODR) platform has been discontinued since 20 July 2025 and is no longer available.
Final provisions
Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision (severability clause).
We will notify users of any changes to these terms and conditions in an appropriate manner (e.g. by email or in-app notification). If express consent is required, we will obtain this before the changes come into effect. In the case of minor changes, continued use after a reasonable period of time shall be deemed consent.
The English version of these terms and conditions is binding. Translations are for information purposes only.
Appendix A: Additional B2B Terms and Conditions (Organisations)
The following additional terms apply in addition to the General Terms of Use if Brain1 is purchased by an organisation and made available to authorised users within the organisation.
A.1 Scope
These B2B Additional Terms and Conditions apply to organisations that are not consumers within the meaning of Section 13 of the German Civil Code (BGB), in particular the following:
Companies and traders,
clubs and associations,
Educational institutions (schools, universities),
Sports clubs and associations,
Other legal entities or partnerships.
The contracting party is the organisation. The organisation is responsible for ensuring that its authorised users comply with these terms and conditions.
A.2 Inviting users
The organisation invites users by email or via an invitation link.
The organisation is responsible for ensuring that it has a legal basis for the invitation and the associated data processing, in particular:
for its own employees: employment contract basis or legitimate interest,
for association members: association membership or consent,
for minors: consent of the legal guardian.
A.3 Admin dashboard and statistics
Organisation administrators have access to an admin dashboard with the following functions:
Inviting and managing users,
Viewing aggregated and individual performance statistics of invited users,
Managing licences and subscriptions.
The organisation is responsible under data protection law for ensuring that access to individual performance data is based on a legal basis and that the persons concerned are informed accordingly.
A.4 Data protection roles and order processing
In the B2B model, the organisation generally acts as the controller within the meaning of Art. 4 No. 7 GDPR for the processing of personal data of its members/employees/students. Brain 1 GmbH acts as the processor in this respect.
The parties conclude a data processing agreement (DPA) in accordance with Art. 28 GDPR. The DPA is available as a separate document and forms part of the contract.
A.5 Contract term and licences
B2B contracts have the term agreed in the individual offer or order form.
The number of licensed users is specified in the contract. Exceeding the agreed number of users entitles us to charge for or block excess accounts.
A.6 Liability and indemnification
The statutory liability provisions, modified by the provisions in § 15 of these terms and conditions, apply to organisations (B2B).
The organisation indemnifies Brain 1 GmbH against all third-party claims arising from a breach of these terms and conditions by the organisation or its authorised users. This also includes reasonable costs of legal defence.
A.7 Consumer protection regulations
The provisions on the right of withdrawal (§ 8.5) and the termination button (§ 8.4 (2)) do not apply to B2B contracts with entrepreneurs within the meaning of § 14 BGB.
The agreement on the place of jurisdiction (§ 17 (3)) applies without restriction to B2B contracts.