Terms of Service

Summary: These Terms of Service (“Terms”) govern your access to and use of the BrainToon mobile app and related websites/services (collectively, the “Service”). By creating an account, downloading the app, or using the Service, you agree to these Terms.

Important: BrainToon provides educational summaries and learning experiences. It is not medical, legal, financial, mental‑health, or other professional advice, and it is not a substitute for professional services.

1) About these Terms

These Terms are a legal agreement between you and BrainToon (the “Company,” “we,” “us,” or “our”), not Apple Inc. or Google LLC. If you do not agree to these Terms, do not use the Service.

The Service may include web pages, downloadable content, audio, video, images, interactive features, recommendations, and other learning materials.

2) Eligibility and Accounts

• For Legal Adults: The Service is intended for adults. By using the Service, you represent that you are at least 18 years old. If you are 16 or 17 years old, you may use the Service only if your parent or legal guardian reviews and agrees to these Terms on your behalf and supervises your use. You and your parent/guardian are responsible for your compliance. The Service is not directed to children under 16 and you may not use the Service if you are under 16.
• Account security: You are responsible for your account credentials and for activities that occur under your account. Notify us promptly if you suspect unauthorized access.
• Accurate info: Provide accurate and up‑to‑date information and do not impersonate others.

3) Educational Content, Accuracy, and No Endorsement

Educational purpose only. BrainToon summarizes and teaches ideas from books and other sources, and may include commentary, examples, or AI‑assisted explanations. The Service is provided for general educational and informational purposes.

No professional advice. The Service does not provide medical, mental‑health, legal, financial, tax, or investment advice. If you need professional advice, consult a qualified professional. Do not rely on the Service for decisions that could impact your health, safety, finances, legal rights, or well‑being.

Ideas belong to their authors. Many ideas, terms, and viewpoints presented in BrainToon originate from third‑party authors and publishers. Those third parties do not sponsor, endorse, or approve BrainToon unless we expressly state otherwise.

Accuracy and completeness. We aim to be helpful, but summaries may omit material, contain simplifications, or include errors. We do not guarantee that any content is accurate, complete, current, or suitable for your particular purpose.

Your responsibility. You are responsible for how you interpret and apply information from the Service, including any actions you take based on it.

4) Subscriptions, Billing, and Trials

BrainToon may offer paid subscriptions or one‑time purchases (“Purchases”). Purchases may be made through (a) Apple’s App Store, (b) Google Play, or (c) the web (e.g., via Stripe or other payment processors).

4.1 App Store / Google Play purchases

• Auto‑renewal: Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period.
• Manage/cancel: You can manage or cancel your subscription in your Apple ID or Google Play account settings. Deleting the app or deleting your BrainToon account does not cancel your subscription.
• Trials: If a free trial is offered, it converts to a paid subscription unless you cancel before the trial ends. You are responsible for knowing when a trial ends.
• Refunds: Refunds for in‑app purchases are handled by Apple or Google under their policies. We cannot issue refunds for purchases processed by the App Store or Google Play.

4.2 Web purchases (if available)

• Processor terms: Web Purchases may be processed by third‑party payment processors (e.g., Stripe). Your payment information is handled under the processor’s terms and privacy policy. We do not store full payment card details.
• Taxes: You are responsible for any applicable taxes, duties, or fees.

4.3 Pricing changes

We may change prices from time to time. Where required, we will provide notice and the new price will apply on your next renewal or at the time of purchase. If you do not agree, you can cancel before the change takes effect.

4.4 No prorated refunds

Except where required by law or by the applicable store’s policies, we do not provide prorated refunds for partial subscription periods.

5) License and Acceptable Use

We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service for your personal, non‑commercial use, subject to these Terms.

You agree not to:

• copy, sell, rent, sublicense, distribute, publicly perform, or create derivative works from the Service or content (except where permitted by law);
• share account access, bypass paywalls, subscription checks, or access controls;
• scrape, harvest, or extract data using automated means (including bots, crawlers, or AI training pipelines) without our permission;
• reverse engineer, decompile, disassemble, or attempt to discover source code (except where prohibited by law);
• use the Service to violate any law, infringe rights, or harm others;
• interfere with the security, availability, or operation of the Service.

6) Content, Copyright, and Intellectual Property

Our IP. The Service (including the app, design, branding, and original BrainToon content) is owned by the Company or its licensors and is protected by intellectual‑property laws. “BrainToon” and related marks are our trademarks.

Third‑party IP. Books, author names, titles, trademarks, and referenced materials are owned by their respective rights holders. Use of such references is for identification and educational commentary purposes and does not imply endorsement.

Copyright concerns. If you believe content on BrainToon infringes your copyright, please contact us at support@braintoonapp.com with enough information for us to investigate (e.g., the work claimed to be infringed, where it appears in the Service, and your contact information).

7) User Content and Feedback

If you submit notes, feedback, or other materials (“User Content”), you retain ownership of your User Content. However, you grant us a non‑exclusive, worldwide, royalty‑free license to host, store, reproduce, modify (for formatting/compatibility), and use User Content to operate, improve, and provide the Service.

Do not submit User Content you do not have the right to share. We may remove User Content that violates these Terms or applicable law.

8) Third‑Party Services

The Service may link to or integrate with third‑party services (e.g., analytics, payments, authentication, content sources). Those services are governed by their own terms and privacy policies. We are not responsible for third‑party services, content, or practices.

9) Privacy

Please review our Privacy Policy, which explains how we collect, use, and share information.

10) Suspension and Termination

We may suspend or terminate your access to the Service if you violate these Terms, misuse the Service, or if required to comply with law or protect the Service and other users. We may also discontinue the Service or any features at any time.

Termination does not entitle you to a refund for any unused subscription period, except where required by law or the applicable store’s policies.

11) Disclaimers

As‑is. The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

No guarantees. We do not guarantee any particular outcomes, results, or improvements from using the Service. Individual results vary.

12) Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising from or related to your use of (or inability to use) the Service.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid to us for the Service in the 12 months before the event giving rise to the claim (or CAD $100 if you have not paid us).

13) Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of the Service, your User Content, or your violation of these Terms or applicable law.

14) Governing Law and Disputes

These Terms are governed by the laws of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws rules.

Where permitted by law, you agree that disputes arising out of or relating to these Terms or the Service will be brought in the courts located in Ontario, Canada. Nothing in these Terms limits any mandatory consumer protections you may have under the laws of your jurisdiction.

15) Apple App Store and Google Play Terms

Store terms apply. Your use of BrainToon may also be subject to the Apple Media Services Terms and Conditions (including the “Usage Rules”), the App Store Review Guidelines, Google Play Terms of Service, and other store policies. If these Terms conflict with mandatory store terms regarding billing or payments, the store terms will control.

15.1 Apple iOS End‑User License Agreement (EULA) — required terms

If you download or use BrainToon on iOS (the “Licensed Application”), the following terms apply and are intended to satisfy Apple’s minimum EULA requirements:

1. Acknowledgement. You acknowledge that this EULA is concluded solely between you and the Company, and not with Apple. The Company, not Apple, is solely responsible for the Licensed Application and its content. You also acknowledge you have had the opportunity to review Apple’s Apple Media Services Terms and Conditions (including the Usage Rules), and that this EULA is not intended to conflict with those terms.
2. Scope of License. Subject to these Terms, the Company grants you a limited, non‑exclusive, non‑transferable, revocable license to use the Licensed Application on any Apple‑branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application as specified in these Terms or as required under applicable law. You acknowledge Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
4. Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
5. Product Claims. You acknowledge the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of any Apple frameworks. This EULA does not limit the Company’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights. In the event of any third‑party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address. Questions, complaints, or claims with respect to the Licensed Application should be directed to the Company using the contact information in Section 17.
9. Third‑Party Terms of Agreement. You must comply with applicable third‑party terms of agreement when using the Licensed Application (for example, your wireless data service agreement).
10. Third‑Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third‑party beneficiary.

15.2 Google Play

If you download or use BrainToon via Google Play, Google Play’s terms and policies apply in addition to these Terms. Google is not responsible for the Service or for providing support. Refunds for Google Play purchases are handled by Google under its policies.

15.3 Billing note

For subscriptions purchased through the App Store or Google Play, the store is the merchant of record and controls billing, renewals, and refunds under its policies. Deleting the app or deleting your BrainToon account does not cancel a store subscription.

16) Changes to the Service or Terms

We may modify the Service or update these Terms from time to time. When we do, we will update the “Last updated” date above. If changes are material, we will provide additional notice where required. Continued use of the Service after changes become effective means you accept the updated Terms.

17) Contact

Developer: Dariusz Wydra (“BrainToon”)

Address: 21 Simcoe St S, Oshawa, ON, L1H 4G1, Canada

Email: support@braintoonapp.com

Phone: 514-704-6021

If you have questions, complaints, or claims about the Service or the mobile apps, contact us using the details above.