BrainBit.kids Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the BrainBit.kids website, applications and related services (collectively, the “Service”), provided by BrainBit Inc. (“BrainBit”, “we”, “us”, or “our”).

By creating an account, using the Service, or allowing a child to use the Service and BrainBit hardware under your account, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

Important: BrainBit.kids and all BrainBit devices are non-medical products.
They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

1. Who We Are

BrainBit.kids is operated by:

BrainBit Inc.
30211 Avenida de las Banderas, Suite 200 – #2002
Rancho Santa Margarita, CA 92688, USA

Contact: support@brainbit.com

2. Eligibility and Accounts

2.1 Adult Account Holders Only

The Service is intended for use by adults on behalf of children.

  • You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account, purchase hardware, or enter into these Terms.
  • By creating an account, you represent and warrant that you meet this requirement and have the legal authority to enter into these Terms.

2.2 Use by Children

BrainBit.kids is designed for children with ADHD and attention challenges, but:

  • Children do not create their own accounts.
  • Children access the Service only through an account created and managed by:
  • a parent or legal guardian, or
  • a professional (such as a therapist, clinic, coach or school) who has appropriate authorisation.

If you are a parent, guardian or professional account holder, you are responsible for:

  • Selecting whether BrainBit.kids is appropriate for each child,
  • Supervising children’s use of the Service and devices, and
  • Ensuring any use complies with applicable laws where you live.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

  • Do not share your password with others.
  • Notify us immediately at support@brainbit.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are compromised, misused or in violation of these Terms.

3. Description of the Service

BrainBit.kids is a digital training platform that connects with compatible BrainBit hardware (including BrainBit Headband, Mindo, Flex4, Baseball Cap, EEG Headphones and Callibri sensors) to deliver playful, neurofeedback-inspired training games.

The Service may include:

  • Child-friendly games, exercises and training protocols
  • Parent and/or professional dashboards for tracking sessions and progress
  • Analytics and reporting tools
  • Content, guides and resources relating to focus, attention and self-regulation

The specific features available to you may depend on:

  • The type of hardware you purchase
  • The subscription plan you select (e.g., Basic or Professional)
  • Your region and app version

We may modify, add or remove features from time to time.

4. Non-Medical Use Only

BrainBit.kids and related hardware are designed for wellness, educational and skills-training purposes only.

You acknowledge and agree that:

  1. The Service and devices are not medical devices.
  2. The Service does not provide medical care, diagnosis or treatment.
  3. The Service does not replace:
  • consultation with a doctor, psychologist, psychiatrist or other licensed health professional;
  • medication or other treatments prescribed by a professional.
  1. Any information provided through the Service (including scores, graphs, trends or recommendations) is general in nature and is not a medical opinion or diagnosis.

Always consult a qualified healthcare professional regarding questions about ADHD, mental health or any medical condition. Never ignore professional medical advice or delay seeking it because of something you have seen in BrainBit.kids.

If you believe a child is in crisis or may harm themselves or others, call emergency services immediately.

5. Hardware and Device Use

5.1 Compatible Devices

The Service is designed to work with specific BrainBit hardware, such as:

  • BrainBit Headband/MINDO
  • BrainBit Flex4
  • Callibri Baseball Cap
  • BrainBit EEG Headphones
  • Callibri sensors (for EMG/ECG, etc.)

We may update the list of supported devices over time.

5.2 Proper Use and Safety

You agree to:

  • Follow all setup and safety instructions provided with the hardware and in the app.
  • Ensure children are seated safely and supervised during training.
  • Stop use and consult a professional if a child reports discomfort, dizziness or unusual symptoms.

You are responsible for maintaining your hardware in good condition and using it only as intended.

6. Subscriptions, Payments and Renewals

6.1 Plans and Access

Access to the BrainBit.kids app may require a subscription plan, such as:

  • Basic Plan - typically for families and individual use
  • Professional Plan - typically for clinics, therapists, schools and other organisations

Details of each plan (features, number of child profiles, pricing) are shown in the app or on our pricing page at the time of purchase.

6.2 Billing

By starting a subscription, you authorise us (or our payment processor) to charge you the subscription fee and any applicable taxes:

  • On a recurring basis (e.g., monthly or yearly),
  • Using the payment method you provide.

Prices are shown in the currency displayed at checkout and may vary by region.

6.3 Free or Included Access

Some hardware bundles may include a fixed period of app access (for example, 6 months of Basic or Professional access). At the end of the included period, you may:

  • Continue on a paid subscription, or
  • Cancel and lose access to paid features.

The specific conditions will be shown at the time of purchase.

6.4 Auto-Renewal and Cancellation

Unless stated otherwise:

  • Subscriptions automatically renew at the end of each billing period until you cancel.
  • You can cancel at any time through your account settings or by contacting support.

If you cancel:

  • Your subscription remains active until the end of the current billing period,
  • You will typically not receive a refund for the remaining days of that period, except where required by law.

Please check your local consumer protection laws, which may give you additional rights.

6.5 Changes to Pricing and Plans

We may change our subscription fees or plan structure in the future. When we do:

  • We will post updated prices and,
  • For active subscriptions, we will provide advance notice and give you the option to cancel before changes take effect.

7. Acceptable Use

You agree not to:

  1. Use the Service for any unlawful or fraudulent purpose.
  2. Attempt to access other users’ accounts or data without permission.
  3. Reverse engineer, decompile, disassemble or attempt to discover the source code of any part of the Service, except where allowed by law.
  4. Bypass or interfere with security measures, access controls or rate limits.
  5. Use the Service in a way that could damage, disable or overburden our systems.
  6. Resell, sublicense or share access to the Service or subscriptions outside of what your plan allows (for example, sharing one professional subscription across unrelated clinics).
  7. Upload or transmit any content that is illegal, harmful, abusive, harassing, defamatory, obscene or otherwise objectionable.

We reserve the right to investigate and take appropriate action (including suspension or termination of accounts) in the event of suspected violations.

8. Intellectual Property

The Service, including all software, games, graphics, text, protocols, user interface elements, trademarks and logos, is owned or licensed by BrainBit and is protected by copyright, trademark and other intellectual property laws.

Subject to your compliance with these Terms:

  • We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and associated software solely for your personal or professional use in connection with BrainBit.kids.

You may not:

  • Copy, modify, distribute, sell, or lease any part of the Service or content,
  • Remove or alter any copyright, trademark or proprietary notices,
  • Use our trademarks or branding without our prior written permission.

9. User Content and Feedback

9.1 User Content

The Service may allow you to upload or enter content (for example, child nicknames, notes, comments or custom texts).

You remain responsible for any content you submit and for having the right to share it. You agree that you will not upload content that:

  • Violates the rights of others (e.g., privacy, intellectual property), or
  • Is illegal, harmful, abusive or otherwise inappropriate.

9.2 Feedback

If you send us feedback, suggestions or ideas (“Feedback”) about BrainBit.kids, you agree that:

  • We may use, modify and incorporate your Feedback without any obligation to you,
  • You are not entitled to any compensation, and
  • We may use your Feedback for any lawful purpose related to the Service.

10. Third-Party Services

The Service may integrate with or link to third-party services (for example, payment processors, app stores, clinics, educational resources).

  • We do not control and are not responsible for the content or practices of such third-party services.
  • Your use of third-party services is subject to their own terms and privacy policies, not these Terms.

11. Disclaimers

The Service is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we and our suppliers and licensors:

  • Do not guarantee that the Service will be uninterrupted, error-free, or free of viruses or harmful components.
  • Do not guarantee any specific outcomes or improvements in ADHD symptoms, school performance, behaviour or any other clinical or non-clinical metric.
  • Disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Any use of BrainBit.kids as part of a treatment plan for ADHD or other conditions is at the sole discretion and responsibility of you and your treating professionals.

12. Limitation of Liability

To the maximum extent permitted by law:

  • In no event shall BrainBit, its affiliates, officers, employees, agents, licensors or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
  • your use of or inability to use the Service or devices;
  • any conduct or content of other users or third parties;
  • unauthorised access, use or alteration of your transmissions or data.
  • Our total aggregate liability for any claim arising out of or relating to the Service or these Terms shall not exceed the amount you have paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or, if no such payments have been made, one hundred (100) US dollars.

Some jurisdictions do not allow limitations of certain liabilities, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify and hold harmless BrainBit and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses and expenses (including reasonable attorney’s fees) arising out of or in any way connected with:

  • Your use of the Service and hardware;
  • Your violation of these Terms;
  • Your violation of any third-party rights.

14. Suspension and Termination

We may suspend or terminate your access to the Service, in whole or in part, if we reasonably believe that:

  • You have violated these Terms,
  • Your use poses a security risk or legal risk,
  • We are required to do so by law.

You may stop using the Service at any time and may request deletion of your account by contacting support@brainbit.com.

Upon termination:

  • Your right to access and use the Service will cease;
  • Some provisions of these Terms will continue to apply (for example, intellectual property, disclaimers, limitation of liability, indemnification).

15. Governing Law and Dispute Resolution

These Terms and your use of the Service are governed by the laws of the State of California, United States of America, without regard to its conflict of laws principles.

Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Los Angeles, California, USA, unless otherwise required by applicable consumer protection laws.

If you are a consumer in the EU/UK or another jurisdiction that grants you specific legal rights, you may also have the right to bring claims in your local courts.

16. Changes to These Terms

We may update these Terms from time to time. When we do:

  • We will post the updated Terms on the BrainBit.kids website and/or in the app, and
  • Update the “Last updated” date at the top.

If changes are material, we may also provide additional notice (for example, via email or in-app notification). Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

17. Contact Us

If you have any questions about these Terms or the Service, please contact us:

Email: support@brainbit.com
Mail:
BrainBit Inc.
30211 Avenida de las Banderas, Suite 200 – #2002
Rancho Santa Margarita, CA 92688, USA