Terms of Use

Introduction and Acceptance

Mobile Analytics Poland sp. z o.o. offers you access to its websites (“websites”), games, applications (“games”, “apps”) and related services – together, “Services”. Our Services include https://brainkilla.app/ and all other platforms on which we place these Terms of Use.

These Terms of Use govern your use of our Services. Please read these Terms of Use and our Privacy Policy, available here carefully before using our Services. By using any of our Services (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time as set forth in section titled “Amendment”. If you do not agree to be bound by these Terms of Use, please, do not use our Services.

Intellectual Property

• Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties.
• Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved by us, our licensors, or identified third parties whichever is applicable. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.

Access and Use

1. Our Services are provided for your personal, non-commercial use only. In particular, agreeing with these Terms of use you may:
   1. download our apps and games on a device and view, use and display our Services on the device for your personal purposes only;
   2. use any related documentation to support use of our Services as permitted by these Terms of Use; and
   3. receive updates of our apps and games via app store that you downloaded our apps and games from – these may incorporate patches and corrections of errors as we may provide to you.
2. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. The ways in which you can use our apps or games may also be governed the terms of the app store that you downloaded our apps or games from. In the event of a conflict between these Terms of Use and the terms of the app store that you downloaded our apps or games from, the terms of app store from which you downloaded our apps or games shall take priority.
3. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you must not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party Service Content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you must do so only in the manner authorized by us and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content. The Service Content may only be used as part of our Services and may not be used independently.
4. Furthermore, except as expressly permitted in these Terms of Use, you must not:
   1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
   2. circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any Services or Service Content;
   3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the websites or Service Content for any purpose without our express written permission;
   4. incorporate our Services into another service or website or make it available via framing or mirrors;
   5. collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
   6. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
   7. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
   8. decompile, reverse engineer, or disassemble any portion of our Services or Service Content;
   9. use network-monitoring software to determine architecture of or extract usage data from our Services;
   10. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
   11. or engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
5. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

In-app Purchases

• The Services may include in-app purchases that allow you to buy items to use within the Services (“In-App Purchases”). If it does, it will not be necessary to make any In-App Purchases in order to use the Services. Whilst you cannot switch off In-App Purchases from being offered to you within the Services and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Services.
• By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase. If you are a parent or guardian we recommend that you consider any parental controls that may be provided by app store that you downloaded our apps and games from if you are concerned that your child may make excessive In-App Purchases.
• You acknowledge and agree that all billing and transaction processes are handled by the app store that you downloaded our apps and games from and are governed by the app store that you downloaded our apps and games from terms and conditions applicable to In-App Purchases. If you have any payment related issues with In-App Purchases then you need to contact the app store that you downloaded our apps and games from directly.
• In-App Purchases can only be consumed within the Services. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

Service Content & Third Party Links

• We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
• In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
• Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
• You acknowledge that our Services and Service Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Services or on, about, or in conjunction with the Service Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements within our Services

Kids Policy

Use of Services is limited to users aged 13 years and above, except in European Economic Area, where the Services are limited to users aged 16 years and above.

Indemnification

You agree to indemnify and hold harmless Mobile Analytics Poland sp. z o.o. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with your use of our Services if you use our Services not in compliance with these Terms of Use.

Disclaimer of Warranties

1. You expressly agree that use of our Services is at your sole risk. Our Services and Service content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.
2. Without limiting the foregoing and to the fullest extent permitted by law, Mobile Analytics Poland sp. z o.o. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any:
   1. warranties that our Services will meet your requirements;
   2. warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our Services or Service Content;
   3. warranties of title, non-infringement, merchantability, or fitness for a particular purpose;
   4. warranties for Services or goods received through or advertised or accessed through our Services;
   5. warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Services;
   6. warranties that your use of our Services will be secure or uninterrupted;
   7. and warranties that errors in our Services or Service Content will be corrected.

Limitation on Liability

• Under no circumstances shall Mobile Analytics Poland sp. z o.o. or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with Services or these Terms of Use.
• Your sole remedy for dissatisfaction with our Services including, without limitation, Service Content is to stop using our Services. Such limitation shall also apply with respect to damages incurred by reason of goods received through or advertised in connection with our Services or any links placed in our Services, as well as by reason of any information or advice received through or advertised in connection with our Services or any links placed in our Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our Services.
• Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of Mobile Mobile Analytics Poland sp. z o.o. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the lesser of the total payments received from you by Mobile Analytics Poland sp. z o.o. during the preceding twelve (12) month period or $100. Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with any of our Services or these Terms of Use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

Termination

We reserve the right in our sole discretion and at any time to block your use of our Services for any reason including, without limitation, if you have failed to comply with these Terms of Use. You agree that we are not liable to you or any third party for such block. Such block shall not affect your obligations to us under these Terms of Use.

Choice of Law; Jurisdiction and Venue

These Terms of Use shall be construed in accordance with the laws of the Republic of Poland without regard to conflict of laws rules. Any legal proceedings against Mobile Analytics Poland sp. z o.o. that may arise out of, relate to, or be in any way connected with Services or these Terms of Use shall be brought exclusively in the authorized state court of the Republic of Poland.

To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

Amendment

• We reserve the right in our sole discretion and at any time and for any reason modify or discontinue any aspect or feature of our Services or to modify these Terms of Use.
• Modifications to these Terms of Use will be effective immediately by posting on our Services. We want to pay your attention that you should review the Terms of Use from time to time for any changes. Your use of our Services following any modification of these Terms of Use will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use, please, immediately discontinue use of our Services.

Miscellaneous

• Even if we delay in enforcing this Terms of Use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
• The section headings used herein are for convenience only and shall not be given any legal import.
• Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
• These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
• You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Contact Information

If you have any questions or concerns about our Terms of Use, please contact us:

• via e-mail at: headyapps@headyapps.com;
• via post to: Mobile Analytics Poland sp. z o.o. Prosta street, building 20, postal code 00-850, Warsaw, Poland.