BayBee Brains — Terms of Service

Effective date: 08-May-20245

By using the BayBee Brains ("we," "us," "our") website or any of its services, you are agreeing to these Terms of Service. This Agreement is legally binding. BayBee Brains may amend these Terms at its discretion without prior notification; it is your responsibility to review the Terms periodically. If you do not agree with these Terms, stop using the Site and Services immediately.

This Agreement constitutes the entire agreement between you and BayBee Brains and supersedes any prior agreements, representations, warranties, or understandings. If you violate these Terms, BayBee Brains reserves the right to take action including terminating your account.

1. Privacy

To deliver our services we require certain information from you. We only use your information when we have a legitimate legal basis to do so. For a full explanation of the information we collect, how we process it, and the choices available to you, please consult our Privacy Policy. If you do not agree to our Privacy Policy, do not download or use our Games.

2. Age of Users

To access and use our services you must be at least 16 years old. If you are between 16 and 18, you must obtain explicit consent from a parent or legal guardian who has reviewed and accepted this Agreement on your behalf.

3. License

The Games provided are licensed, not sold, by BayBee Brains. BayBee Brains and its licensors retain all intellectual property rights in and to the Games. You receive only a limited license under these Terms and do not own any intellectual property rights in the Games except the right to use them in accordance with these Terms.

Limited License to Use the Services

Subject to your acceptance and ongoing compliance with these Terms, BayBee Brains grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial entertainment purposes only.

Restrictions

Violations of the License limitations may result in immediate revocation of your license and potential legal liability. The use of cheats, exploits, bots, hacks, mods, unauthorized third-party software, or attempts to modify service files is prohibited. Attempting to gain unauthorized access to services, other users' accounts, or related systems is forbidden.

BayBee Brains may determine what constitutes a violation and take action, including terminating your account and access to Services, either in full or in part.

User Content

When you upload or post User Content, you grant BayBee Brains an irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable license (with the right to sublicense) to reproduce, distribute, publicly display, perform, prepare derivative works of, and otherwise use your User Content in any Game and for promotion indefinitely. You also grant a non-exclusive, royalty-free license to partners and other users consistent with Game functionality.

Prohibited Content

While using chat or other interactive features you must not upload or transmit content that is libelous, defamatory, obscene, pornographic, abusive, threatening, or otherwise unlawful. BayBee Brains may remove such material and cooperate with law enforcement where required.

Prohibited Uses

You may not:

Suspension and Termination of Account and Service

BayBee Brains may delete, suspend, terminate, limit, or modify accounts or access to Services if it suspects a breach of these Terms or illegal activity, with or without notice. Such actions may cause loss of account data, persona, benefits, and in‑game purchases. BayBee Brains is not liable for such losses and is not obligated to provide compensation.

4. Fees and Purchase Terms

Virtual Items

Virtual Items (including virtual currency and in‑game items) purchased through Services are licensed to you on a limited, non-transferable, non-sublicensable, revocable basis. BayBee Brains controls and may modify or remove Virtual Items at any time without liability. You have no ownership rights in Virtual Items.

Prohibited actions regarding Virtual Items include transferring items to other accounts, buying/selling for real money outside Services, or recognizing out‑of‑game transfers. Violations may result in termination and forfeiture of Virtual Items.

Subscriptions

Some Games may offer subscriptions. Subscriptions auto‑renew unless canceled. To avoid renewal charges, cancel through your App Store account at least 24 hours before the end of the current billing period. App Store billing terms apply.

Fees, Refunds and Return Policy

All sales through Services are final and non-refundable, except as required by applicable law. Users are responsible for charges to their accounts, including unauthorized charges. BayBee Brains does not provide refunds for unused Virtual Items or termination of Services, unless required by law. BayBee Brains may modify pricing, availability, content, and features at any time; changes take effect when posted.

5. No Warranties

The Services are provided "as is" and "as available." To the fullest extent permitted by law, BayBee Brains disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee the Services will meet your requirements or be error-free.

6. Limitation of Liability

To the maximum extent permitted by law, BayBee Brains will not be liable for indirect, incidental, consequential, special, punitive, or similar damages, including lost revenues, profits, data, or business interruption. The Company's liability will not exceed the amount you paid to the Company for purchases made within the Games, to the extent permitted by law. These Terms do not affect statutory consumer rights or liability for gross negligence or willful misconduct.

7. Indemnification

You agree to indemnify and hold BayBee Brains and its affiliates harmless from third‑party claims, losses, damages, and costs (including attorneys' fees) arising from your use of the Site, any violation of these Terms, or infringement by you or others using your account. The Company will notify you and may assume exclusive defense of matters subject to indemnification.

8. Intellectual Property

The Services and original content, features, and functionality (excluding User Content) are the sole property of the Company and its licensors, protected by copyright, trademark, and other laws. Company trademarks and trade dress may not be used without prior written consent.

9. Feedback

All feedback or suggestions you provide are non-confidential and non-proprietary. BayBee Brains may use Feedback without obligation to compensate you.

10. Applicable Law

These Terms are governed by the laws of California. You agree that federal courts in Santa Clara County, California, have exclusive jurisdiction over disputes arising from these Terms.

11. Severability

If any provision is found unenforceable, the remaining provisions remain in full force and the unenforceable term will be modified to the extent necessary to make it enforceable while achieving its intended purpose.

12. Third-Party Services

Services may link to or make third-party services available. Those services are governed by their own terms. You should review third-party terms and understand that agreements with them are separate from this Agreement.

13. Application Stores

Availability of Games depends on the third-party Application Store from which you obtained them. This Agreement is between you and the Developer (RG) and not the Application Store. The Application Store is not responsible for the Game's content, maintenance, support, or compliance. App Store fees and terms apply and the Application Store may be a third-party beneficiary of this Agreement.

14. Changes

BayBee Brains may change these Terms at any time. Revised Terms will be posted on the Site and become effective immediately. It is your responsibility to review the Terms periodically.

15. Force Majeure

BayBee Brains is not liable for delays or failures arising from causes beyond its reasonable control, including natural disasters, war, terrorism, strikes, shortages, or other similar events.

16. Contact Us

If you have questions about these Terms, contact us at: baybeebrains@gmail.com