Terms of use

1. Who we are and what these terms cover

BrainQuest Island is published by Bright Pebble Studios ("we", "us"). These terms of use ("terms") cover the BrainQuest Island iPad app (the "app") and the website at brainquestisland.com (the "website"). Our privacy policy is part of these terms.

By installing or using the app, or using the website, you agree to these terms. If you do not agree, please do not use them.

2. For parents and guardians

The app is made for children aged 7 to 10, but these terms are an agreement with the adult who installs it. You must be at least 18, or the age of majority where you live, and the parent or legal guardian of any child who uses the app on your device, or have their permission.

• You decide which games each child can play and for how long, using the Parent Zone.
• You are responsible for keeping your parent PIN and recovery answer private. Anyone who knows them can change settings, export data and delete profiles.
• You are responsible for how your child uses the app and the iPad, including anything a child shares or prints after you unlock it.

3. Your licence to use the app

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Apple devices that you own or control, for your family's non-commercial use, as allowed by Apple's Usage Rules. Other members of your Family Sharing group may use it too. A teacher or school may use the app with their own pupils if it was obtained through Apple's volume purchasing for education.

The licence is not a sale. We, and the people who license material to us, keep all rights that these terms do not expressly give you.

4. Early access (TestFlight)

BrainQuest Island is in early access through Apple's TestFlight. While it is:

• The app may have bugs, change, lose features, or stop working. Each TestFlight build expires after a set time and has to be updated.
• An update could, rarely, reset saved progress. Export your data (Parent Zone › Settings › Privacy & export) if it matters to you.
• Apple's TestFlight terms also apply. What Apple shares with us about testers is described in the privacy policy.

5. Purchases

The early-access app is free and has nothing to buy. If we later offer optional paid features, such as a one-time Family Pass:

• They will be sold only through Apple's in-app purchase, behind the parent PIN, and never offered to your child.
• Apple takes the payment and handles refunds under its own terms. Refund requests go to Apple at reportaproblem.apple.com. We never see your payment details.
• A purchase gives you the features described at the time you buy. We may add games, and if we do, we will say whether they are included, but we do not promise future updates.
• Earned gems, outfits and themes inside the app have no money value, cannot be bought, sold or exchanged, and are not property.

6. Your family's data and creations

Profiles, progress, saved games and creations belong to you. They are stored only on your iPad, as described in the privacy policy. Because we run no server and hold no copy:

• We cannot restore data that is deleted or lost with the device, except through your own iPad backup.
• Exported files are yours to keep safe. They are plain CSV and JSON files and are not encrypted.

If you choose to send us files, such as an export to help us fix a problem or samples for a testing programme you have agreed to in writing, we use them only for the purpose you sent them for and as the privacy policy describes.

7. Using the app fairly

Please do not, and do not help anyone else to:

• copy, sell, rent, lend, sublicense or redistribute the app or any part of it;
• decompile, reverse engineer or disassemble the app, except where the law allows this despite these terms;
• extract the games, artwork, characters, sounds, voices or text, including to train artificial intelligence models;
• remove or change copyright, trademark or licence notices; or
• use the app in a way that breaks the law.

8. Learning content, health and screen time

• Learning. The app is meant to support learning at home. It does not replace a teacher, a formal assessment or professional advice. Stars, levels and skill labels such as "Got it" are encouragement, not grades or diagnoses.
• Accuracy. We check our questions, stories, maps, facts and translations carefully, but mistakes can slip through. If you find one, please tell us at support@brainquestisland.com.
• Screen time. The Parent Zone has daily limits, session limits and allowed hours. You decide what is right for your child. Encourage regular breaks.
• Health. A very small number of people can have seizures triggered by lights or patterns on a screen. If your child has epilepsy or has ever had a seizure, ask a doctor before they use any screen-based game. Stop play if your child feels dizzy, unwell or has sore eyes or hands. Reduce motion is available in Settings.

9. Our content and open-source parts

The app, its games, characters (including the buddies), artwork, sounds, voices, text and software, and the BrainQuest Island name and logo, are owned by us or used under licence, and are protected by copyright, trademark and other laws.

The app and this website include open-source software, fonts and models that are licensed under their own terms, such as the SIL Open Font License for the Fredoka, Rubik and Nunito Sans fonts. Where those licences give you rights, they apply to that component instead of these terms. A list is available on request.

iPad, Apple Pencil, App Store and TestFlight are trademarks of Apple Inc. We are not affiliated with or endorsed by Apple.

10. Feedback and ideas

We love hearing from families. If you send us suggestions, feedback or ideas, you agree that we may use them to improve BrainQuest Island without paying you or owing you anything. Please do not send us anything confidential, or any personal information about your child that we do not need.

11. This website

The website describes the app. We keep it accurate and up to date as best we can, but descriptions and pictures may not match every version of the app, and we may change or take down the website at any time. You may link to any page. Links to other sites, such as Apple's, are for convenience. We do not control those sites.

12. Changes to the app and these terms

We may update the app, change or remove games or features, or stop offering it. If we change these terms, we will update the date at the top of this page. If a change materially affects you, we will also say so in the app's release notes or on this website before it takes effect. If you keep using the app after a change takes effect, the new terms apply. If you do not agree to them, stop using the app and delete it.

13. Ending these terms

You can stop at any time by deleting the app, which also deletes its data from the iPad. Your licence ends automatically if you seriously break these terms. Sections 6 to 11 and 14 to 19 continue to apply after the licence ends.

14. No warranty

To the fullest extent the law allows, the app and the website are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the app will be error-free, uninterrupted, or that it will always keep your data.

Some countries and states do not allow these exclusions. If you live in one of them, including the European Union and the United Kingdom, you keep the legal rights you have as a consumer, and nothing in these terms takes them away. For example, digital content must be as described, fit for purpose and of satisfactory quality.

15. Limits on our liability

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from or related to the app, the website or these terms. Our total liability for all claims is limited to the greater of the amount you paid for the app in the 12 months before the claim, or US$50.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow us to limit. If you live in the European Union or the United Kingdom, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill, and we are not responsible for loss or damage that is not foreseeable.

16. Governing law and disputes

If something goes wrong, please email us first at support@brainquestisland.com. Most problems can be fixed quickly, and we will try to reply within 30 days.

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law rules, and disputes will be heard by the state and federal courts in Travis County, Texas. If you are a consumer living elsewhere, including in the European Union or the United Kingdom, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in your local courts.

17. If you got the app from Apple

If you downloaded the app from the App Store or through TestFlight, Apple's Media Services Terms and Conditions also apply, and the following terms, which Apple requires, are part of these terms:

1. Agreement with us, not Apple. These terms are between you and Bright Pebble Studios only, and not with Apple Inc. We, not Apple, are solely responsible for the app and its content. Nothing in these terms is meant to conflict with the Usage Rules in Apple's Media Services Terms and Conditions. If there is a conflict, Apple's Usage Rules apply.
2. Scope of licence. Your licence to the app is a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that it may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for any maintenance and support of the app, as described in these terms or as required by law. Apple has no obligation whatsoever to provide maintenance and support services for the app.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that 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 contact. Questions, complaints or claims about the app should be sent to us at the address in section 19.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

18. General

• These terms, the privacy policy and, where they apply, Apple's terms are the whole agreement between you and us about the app and the website.
• If a court finds part of these terms unenforceable, the rest still applies.
• If we do not enforce a term straight away, we can still enforce it later.
• We may transfer these terms to another organisation that takes over the app, and we will make sure your rights are not reduced. You may not transfer your rights under these terms.
• Apart from Apple and its subsidiaries (section 17), nobody else has rights under these terms.

19. Contact us

Bright Pebble Studios
1401 Lavaca Street, #7208, Austin, TX 78701
Email: support@brainquestisland.com