Terms of Use and End User Licence Agreement
General-Audience apps and website
Last updated: August 2026
1. Introduction and acceptance
These Terms of Use and End User Licence Agreement (the "Terms") form an agreement between BRAINYTRAINEE LTD ("Brainytrainee", "we", "us" or "our") and the person who downloads, installs, purchases, accesses or uses our mobile applications, website or related service supplied by us (together, the "Services").
Please read these Terms before using the Services. By downloading, installing, purchasing or using a Service, an adult user agrees to these Terms. If you do not agree, do not use the Service. Our Privacy Policy at https://brainytrainee.com/privacy/ explains our data practices and is not converted into consent merely by acceptance of these Terms.
If you are under the age at which you may enter into these Terms in your country, you may use a Service only with the permission and supervision required by applicable law. A parent or legal guardian who authorises use accepts these Terms for themselves to the extent permitted by law.
2. About us
BRAINYTRAINEE LTD is a private limited company registered in England and Wales under company number 12471634. Registered office: Office 34a, Business Centre, 9 Lydden Road, London, United Kingdom, SW18 4LT. Email: business@brainytrainee.com.
3. Services and eligibility
The current Apps covered by these Terms are Mega Obby - Parkour Fun Run 3D, Prison Escape - Obby Challenge, Cat Simulator - My Virtual Pet, and Talking Dog - Virtual Pet Game (listed on Google Play as Virtual Pet Simulator - Archie). The Apps are intended for a general audience and are not directed to children. A low store age rating indicates content suitability and does not by itself mean that an App is child-directed.
The Apps do not require a Brainytrainee account and do not provide open chat or a facility to upload and publish user-generated content. An Obby App may use a platform leaderboard that displays a player display name and score. A sandbox or level editor, where available, stores a player’s course for gameplay and does not provide a public publishing service unless an App-specific notice expressly says otherwise.
An official store page, purchase screen or in-App notice may contain app-specific terms about features, prices, trials or subscriptions. Those terms supplement these Terms. In a direct conflict, mandatory law applies first, followed by the app-specific terms for the feature and then these Terms.
4. Licence to use the Apps
Subject to these Terms and the applicable store rules, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use an App for private, non-commercial purposes on devices that you own or control. Family Sharing or a comparable store feature may be used where the applicable store permits it.
The App is licensed, not sold. No ownership in the App, source code, artwork, characters, sounds, music, trademarks or other materials is transferred to you. We and our licensors reserve all rights not expressly granted.
5. Acceptable use
You must use the Services lawfully and in accordance with these Terms. You must not, and must not assist another person to:
- copy, distribute, sell, rent, lease, sublicense or commercially exploit an App except where mandatory law expressly permits it;
- reverse engineer, decompile, disassemble, discover source code or create derivative works, except to the limited extent a restriction is prohibited by mandatory law;
- use cheats, bots, exploits, unauthorised modifications or automation that disrupt gameplay, leaderboards, purchases, rewards or other users;
- circumvent a purchase control, security feature, access restriction, advertising control or technical protection;
- interfere with operation or security, introduce malware, automate abusive requests or gain unauthorised access;
- use the Service to infringe intellectual-property, privacy or other rights, or for fraudulent, harmful or unlawful purposes; or
- remove or alter copyright, trademark or other proprietary notices.
6. Advertising
Mega Obby and Prison Escape may display interstitial and rewarded ads in the free version. Ads are mediated through AppLovin MAX. A rewarded ad is optional and provides the reward described in the App after successful completion. Interstitial ads may appear at natural breaks in play. Cat Simulator and Talking Dog do not display third-party advertising.
Paid premium access or a separate Remove Ads purchase may remove ads where offered. It does not remove store communications, links that a user chooses to open, essential service messages or promotional information about the App’s own features. Advertising choices and data practices are explained in the Privacy Policy.
7. Purchases, subscriptions and trials
7.1 Store processing
Apps may offer one-time in-app purchases, virtual items, subscriptions or free trials. The purchase screen and applicable store display the current product, price, currency, billing period, trial length, renewal terms and eligibility conditions before purchase. Payments are processed by Apple or Google under the applicable store terms. Brainytrainee does not receive full payment-card details.
7.2 Auto-renewing subscriptions
If you purchase an auto-renewing subscription, it renews and the store charges the account according to the terms shown at purchase unless you cancel through the store’s subscription-management settings before the store’s applicable deadline. Deleting an App does not cancel a subscription.
Cancellation normally stops future renewal but does not automatically refund the current billing period. Access continues for the period specified by the store unless the store rules or mandatory law provide otherwise. A trial converts to a paid subscription only as disclosed on the purchase screen. Trial eligibility and unused portions are governed by the store terms.
7.3 Price changes, restoration and refunds
Any subscription price change is communicated and implemented in accordance with store requirements and applicable law. Where supported, eligible prior purchases can be restored using the relevant store account. Refund requests are handled under the applicable store process and mandatory consumer law. Nothing in these Terms limits statutory rights concerning defective digital content, non-conforming services or other mandatory remedies.
7.4 Virtual items and rewards
Virtual currency, cosmetic items, boosts and rewards are licensed features with no monetary value outside the relevant App. They cannot be redeemed for cash or transferred except where the App expressly allows it. We may correct balances affected by error, fraud, chargeback or unauthorised manipulation, while respecting mandatory consumer rights and valid paid entitlements.
8. Website and third-party services
brainytrainee.com is an informational catalogue and does not currently sell products directly. A Service may include links to third-party websites, advertisements, Apple App Store or Google Play pages, platform leaderboards or other independent services. We do not control their availability, content, privacy practices or terms. The inclusion of a link or ad does not necessarily mean that we endorse the third party.
Brainytrainee is not affiliated with or endorsed by Roblox Corporation. Roblox is a trademark of Roblox Corporation. References are descriptive and do not indicate sponsorship, partnership or platform integration.
9. Privacy
Our Privacy Policy explains personal data associated with the Services, including the different advertising practices for the Obby Apps and the virtual-pet Apps. Privacy choices and consents are obtained separately where required.
10. Updates and changes to the Services
We may provide bug fixes, security updates, compatibility updates, new levels, features or other changes. An App may update automatically through store settings. We may change or discontinue a feature where reasonably necessary for security, legal compliance, technical reasons or product development.
We will not intentionally remove a paid core feature during a prepaid subscription period without providing the remedy required by applicable store rules or mandatory law. Some features may require internet access, a supported operating system or continued availability of a third-party platform.
11. Availability and support
We aim to provide reliable Services but do not promise uninterrupted or error-free operation. Availability can be affected by maintenance, device compatibility, connectivity, ad or platform providers, store decisions and events outside our reasonable control. We may suspend access where reasonably necessary to protect users, investigate abuse, comply with law or maintain security.
Support is available at business@brainytrainee.com. Support channels are intended for adults. Apple and Google have no obligation to provide maintenance or support for our Apps, except for services they provide under their own terms.
12. Intellectual property
The Services and all associated software, design, text, graphics, characters, animations, audio, video, trademarks and other materials are owned by or licensed to Brainytrainee and protected by applicable intellectual-property laws. You may not use our names, logos or other brand elements except with prior written permission or as mandatory law permits.
13. Suspension and termination
You may stop using an App and uninstall it at any time. Uninstalling does not cancel a subscription. We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, misuse the Services or if a Service is discontinued. Where reasonable and legally permitted, we will provide notice and an opportunity to remedy a breach.
Termination does not affect accrued rights, valid payment obligations already incurred or provisions that by their nature should survive, including intellectual-property, liability, dispute and general provisions.
14. Warranties
We provide the Services with the care and skill required by applicable law. Except for rights and warranties that cannot lawfully be excluded, the Services are provided on an "as available" basis and we do not promise that every Service will meet every user’s requirements, work with every device or remain available indefinitely.
Nothing in these Terms excludes statutory guarantees, conformity rights or remedies available to consumers. Any exclusion in these Terms does not apply where it would be unfair or unenforceable.
15. Limitation of liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability or statutory right that cannot lawfully be excluded or limited.
If we fail to comply with these Terms, we are responsible for loss or damage that is a reasonably foreseeable result of that failure. Loss or damage is foreseeable if it was obvious that it might occur or if, when the agreement was made, both you and we knew it might occur.
The Services are provided for personal and non-commercial use. We are not responsible for business losses, including loss of profit, revenue, opportunity or business interruption, arising from consumer use. We are not responsible to the extent loss results from misuse, an unsupported or materially modified device, failure to install a security update after reasonable notice, or circumstances outside our reasonable control.
16. Adult responsibility and indemnity
No child user is required to indemnify Brainytrainee. If you are an adult using a Service for business purposes or in material breach of these Terms, you agree, only to the extent permitted by law, to compensate us for direct third-party claims and reasonable costs caused by your unlawful use or deliberate infringement of another person’s rights. This clause does not apply to ordinary consumer use and does not make a parent strictly liable for every action of a minor.
17. Changes to these Terms
We may update these Terms for legal, security, technical or product reasons. The latest version and effective date will be posted on our website. Material changes apply prospectively and will be communicated by reasonable means before they take effect where required. If law requires express agreement, we will request it. Continued use alone will not waive a mandatory right or retrospectively change a completed purchase.
18. Governing law and disputes
These Terms are governed by the laws of England and Wales. If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of your country of habitual residence.
The courts of England and Wales have non-exclusive jurisdiction. A consumer may bring a claim in any other court available under mandatory consumer law, including the courts of the consumer’s place of residence where applicable. Before starting formal proceedings, please contact business@brainytrainee.com so that we can try to resolve the dispute. Nothing requires mandatory arbitration or waiver of a lawful right to participate in proceedings.
19. Platform-specific terms
19.1 Apple App Store
For an App obtained from Apple’s App Store, these Terms are between you and Brainytrainee, not Apple. Brainytrainee, not Apple, is responsible for the App and its content. The licence is limited to a non-transferable licence to use the App on Apple-branded products that you own or control as permitted by the Apple Media Services Usage Rules, including Family Sharing where permitted.
Apple has no obligation to provide maintenance or support. If the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, as provided by its rules; to the maximum extent permitted by law, Apple has no other warranty obligation. Brainytrainee is responsible for addressing product, regulatory, consumer-protection, privacy and third-party intellectual-property claims concerning the App, subject to applicable law.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and are not listed on a U.S. Government prohibited or restricted-party list. You must comply with applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of these Terms for Apple-distributed Apps and may enforce these Terms against you.
19.2 Google Play
For an App obtained from Google Play, Google is not a party to these Terms and is not responsible for the App, except for responsibilities Google assumes under its own terms. Your use is also subject to the applicable Google Play terms and purchase rules.
20. Export and legal compliance
You must comply with applicable export-control, sanctions and trade laws when using an App. You may not use or export an App in a manner prohibited by applicable law.
21. General provisions
If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent or removed, and the remaining provisions continue. A failure to enforce a provision is not a waiver. You may not transfer these Terms except as permitted by mandatory law; we may transfer them as part of a reorganisation, sale or transfer of the relevant business provided this does not reduce mandatory consumer rights. These Terms and the app-specific terms identified in Section 3 constitute the agreement concerning use of the Services.
22. Contact
Questions, complaints and claims may be sent to business@brainytrainee.com or by post to BRAINYTRAINEE LTD, company number 12471634, Office 34a, Business Centre, 9 Lydden Road, London, United Kingdom, SW18 4LT.