Terms of Service.

You represent that you are at least 13 years old (or the higher minimum age of digital consent in your jurisdiction) and have the legal capacity to enter into these Terms. If you are between 13 and the age of majority in your place of residence, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Service is not directed to, and we do not knowingly collect information from, children under 13.

By using the Service, you represent that you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, and that your use will comply with all applicable laws and regulations.

To access certain features you must create an account. You agree to (a) provide accurate and complete information, (b) maintain the security of your sign-in credentials (including any magic-link email), and (c) promptly notify us of any unauthorized access or use. You are responsible for all activity that occurs under your account, whether or not you authorized it. We may suspend or terminate accounts in our discretion, including for suspected unauthorized access or violation of these Terms.

Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved by the Company.

The Service, including all software, graphics, text, trademarks, logos, exercise mechanics, scoring systems, and other content made available by the Company (collectively, the “Company Materials”), is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, publicly display, publicly perform, reverse engineer, decompile, create derivative works from, or exploit any portion of the Company Materials.

“BRNGYM,” “BRN·GYM,” and associated logos are trademarks of BRNGYM LLC. You may not use our trademarks without our prior written consent.

The Service allows you to submit limited user content, such as display names and gameplay data (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant the Company a worldwide, royalty-free, sublicensable, non-exclusive license to host, store, reproduce, modify (e.g., reformat), create derivative works from, publish, transmit, and display the User Content solely for the purposes of operating, improving, promoting, and providing the Service, including displaying display names on public leaderboards.

You represent and warrant that you have all rights necessary to submit your User Content and that your User Content does not violate any third party’s rights or any applicable law. We may remove any User Content at any time, with or without notice, for any reason, including if we believe it violates these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Submit display names or other content that is defamatory, obscene, harassing, hateful, or infringes the rights of others;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems;
• Interfere with, disrupt, or overload the Service or its infrastructure, including via bots, scraping, or automated means not authorized by us;
• Circumvent or attempt to circumvent rate limits, anti-abuse, authentication, or other protective measures;
• Use the Service to generate artificial leaderboard rankings or to interfere with scoring integrity;
• Reverse engineer, decompile, or extract the source code of the Service, except to the extent applicable law prohibits such restriction;
• Sell, resell, rent, lease, or commercially exploit the Service or any access to it;
• Remove, obscure, or alter any proprietary notice on the Service.

The Service offers cognitive-training exercises and related content for entertainment and general informational purposes only. The Service is not a medical device.It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, including Alzheimer’s disease, dementia, attention-deficit/hyperactivity disorder, traumatic brain injury, or any cognitive impairment. “Brain age,” “stars,” levels, and similar metrics are gameplay mechanics, not clinical measurements.

We make no representation or warranty that use of the Service will improve memory, attention, intelligence, reaction time, academic or professional performance, or any other cognitive or functional outcome. Always consult a qualified healthcare professional regarding questions about your health.

The Service relies on and may integrate with third-party services, including authentication, database, hosting, analytics, and email providers. Your use of those services may be subject to additional terms and privacy practices provided by those third parties. We are not responsible for the availability, accuracy, content, or practices of any third-party service.

The Service is evolving. We may add, modify, discontinue, or suspend any part of the Service at any time, with or without notice. We may introduce experimental features or “beta” features that are offered on an as-is, no-warranty basis and may be modified or withdrawn at any time. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

As of the Effective Date, the Service is provided free of charge. We reserve the right to introduce paid features, subscriptions, or premium tiers in the future. Any fees, billing terms, refund policies, and auto-renewal disclosures applicable to paid features will be presented to you at the point of purchase and, once accepted, will form part of these Terms.

You may stop using the Service at any time. We may suspend or terminate your account and access to the Service, in whole or in part, at any time, with or without notice, for any reason, including suspected violation of these Terms, risk to other users, or legal obligation. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, User Content license, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Miscellaneous) will survive.

THE SERVICE AND ALL COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. Subject to Section 16, the state and federal courts located in Wyoming will have exclusive jurisdiction over any action not subject to arbitration, and the parties consent to personal jurisdiction and venue in those courts.

Please read this section carefully — it affects your legal rights.Except for (a) claims for injunctive or equitable relief to protect intellectual property rights or (b) claims you may bring in small claims court on an individual basis, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules.

The arbitration will be conducted in the English language. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs and attorneys’ fees except as otherwise provided under applicable AAA rules.

Class-action waiver.YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Jury-trial waiver. EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY FOR ANY DISPUTE THAT IS NOT SUBMITTED TO ARBITRATION.

Opt-out. You may opt out of the arbitration and class-action waiver sections by sending written notice of your decision to opt out to legal@brngym.com within thirty (30) days after first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you timely opt out, Section 15 (Governing Law; Venue) will govern.

If any portion of this Section 16 is found to be unenforceable, that portion will be severed and the remainder of this Section 16 will remain in effect.

We may update these Terms from time to time. If we make a material change, we will provide reasonable notice prior to the change taking effect, such as by updating the Effective Date above and, where appropriate, notifying you within the Service or by email. Your continued use of the Service after the change takes effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service.

Entire agreement. These Terms, together with our Privacy Policy and any additional terms you agree to in connection with specific features, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

Force majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

Notices. We may provide notices to you via the email associated with your account, through the Service, or by any other reasonable means. You may provide notices to us at legal@brngym.com.

Questions about these Terms may be directed to legal@brngym.com or by mail to: