TERMS OF USE AND SERVICE CONDITIONS

Game Instructions:

The games are recommended for children over 3 years of age.

A game lasts between 5 and 10 minutes.

The games are designed for several players and one referee, although we recommend no more than 4 players per game.

We recommend that the referee not be one of the players and that they do not participate in the game to prevent the device from falling.

The referee will be in charge of activating the widgets and warning the players when the game begins and ends.

We recommend adult supervision.

Breincosmartplay is not responsible for the damage the device may suffer during the game.

These terms of use and service conditions are effective from 1 April 2019 and were published for the last time on 1 April 2019.

The application(s) and content of BREINCOSMARTPLAY (‘BSP’) is/are controlled by INDUSTRIAL BREINCO S.A. and URBANENJOY S.L. (‘DEVELOPERS’), as set out in our collaboration agreement.

By accessing ‘BSP’ and its application(s) you automatically accept these terms of use and service conditions.

WHAT IS BREINCOSMARTPLAY?

‘BSP’ includes games on one or several printed boards on a modular floor that are controlled by technological applications that interact with the games and which are activated by QR codes printed on the floor itself.

The ‘DEVELOPERS’ administer the website www.breincosmartplay.com and offer several applications.

The application(s) has/have been acquired by the owner of the floor where the pavement has been installed (‘CLIENT’), and is/are subject to a contract and maintenance conditions agreed with the owner.

The ‘CLIENT’ puts the game boards and associated technological application(s) at the ‘USERS’ disposal.

The ‘USERS’ are forbidden from marketing the application without the ‘CLIENT’S’ and the ‘DEVELOPERS’’ prior consent.

WHO IS BSP AIMED AT?

‘BSP’ has been developed for ages above 3 years.

If you are under 18, access to ‘BSP’ must be performed under the parents or legal representatives’ supervision, who must accept the terms of use and service conditions.

The digital content will be used under full responsibility and risk of the ‘USERS’ and their parents if they are under 18 years of age.

WHAT ARE THE MINIMUM REQUIREMENTS FOR THE DEVICES?

Digital content is provided ‘as is’ with the guarantee set for 3 years from the date of purchase by the ‘CLIENT’, and for mobile devices with the following technical requirements:

This application uses Unity technology to view content in augmented reality. To this effect, minimum requirements for operating systems are:

OS: Windows 7 SP1+, macOS 10.11+, Ubuntu 12.04+, SteamOS.
Video card with capacity for DX10 (shader 4.0 model).
CPU: compatible with the set of SSE2 instructions.
The iOS player requires iOS 8.0 or above.
Android: OS 4.1 or above; ARMv7 CPU with NEON o CPU Atom support; OpenGL ES 2.0 or above.
WebGL: Any recent Firefox, Chrome, Edge or Safari desktop version.
Universal Windows platform: Windows 10 and a graphics board with DX10 capacity (shader 4.0 model).

Screen resolutions are compatible from iPhone 6 for Apple and cover 80% of the main mobile devices on the market from Android 6. This version is not compatible with tablets.

The ‘DEVELOPERS’ are not responsible for the application(s)’ operational problems derived from devices that do not comply with the recommended minimum requirements, the incompatibilities that your device screens may produce or its consequences on the game experience.

HELP AND SUPPORT

You can get in touch with us with any questions related to customer service or any problem with your game experience by email at breincosmartplay@breinco.com.

WHAT ARE THE ‘DEVELOPERS’ RIGHTS OVER THE APPLICATION?

All the material included, content, software, graphics, text and appearance of the site, copyrights, patents and other related intellectual property rights (‘PROTECTED MATERIAL’) belong or are controlled by the ‘DEVELOPERS’, as established by our collaboration contract, our subsidiary or affiliate companies, or our collaborators.

You are not authorised to modify, eliminate, erase, increase, add, publish, transfer, create derived material or exploit the ‘PROTECTED MATERIAL’ totally or partially under any form.

Subject to compliance with these terms of use and service conditions, we provide you with a non-exclusive, non-transferable, revocable and limited license to access and use the ‘PROTECTED MATERIAL’ subject to the limitations here described, to access and use said ‘PROTECTED MATERIAL’ with entertainment and non-commercial purposes.

We appreciate suggestions related to comments, creative ideas, drawings, concepts or any other kind of information (‘UNSOLICITED SUBMISSIONS’).

Nevertheless, although we value your opinion with regard to our products, these ‘UNSOLICITED SUBMISSIONS’ will be considered property of the ‘DEVELOPERS’, as set by our collaboration contract.

No ‘UNSOLICITED SUBMISSIONS’ will be subject to any confidentiality obligation by the ‘DEVELOPERS’ and we will not be responsible for their use or dissemination.

We will be the exclusive owners of all the existing rights known from now onwards with regard to the ‘UNSOLICITED SUBMISSIONS’ of any type and nature, in perpetuity, in the entire universe, with right to unrestricted use for any purpose, commercial or otherwise, with no compensation to the provider of said ‘UNSOLICITED SUBMISSIONS’. You renounce to all moral rights for any of the ‘UNSOLICITED SUBMISSIONS’, as well as any vindication of a credit or authorisation right. The aforementioned is equally applicable to creative submissions performed by our express request, unless otherwise agreed in writing.

WHAT ELSE SHOULD YOU KNOW?

The ‘DEVELOPERS’ will not be considered responsible for damages resulting from the use of the Internet network, such as loss of data, instructions, viruses, service interruption or other involuntary problems.

The ‘DEVELOPERS’ will also not be responsible for technical problems external to digital content, such as, communication problems due to the ‘USERS’ internet access provider (the connection may always be slow or interrupted), restrictions or limitations to the internet network, particularly with regard to information data transfer through social media and waiting for data, or technical problems experienced by the ‘BSP’ hosting service, for technical reasons, particularly maintenance or network breakdown; under these circumstances, it is possible that a momentary break in services occurs.

The ‘DEVELOPERS’ will not be responsible for damages that your device may suffer due to misuse, especially breakages, falls, etc.

It is the ‘USERS’ responsibility to keep the devices (mobiles, tablets and other platforms) in a safe environment, using tools at their disposal, such as antivirus, firewall and others, to contribute to preventing electronic risks.

If you do not agree with our terms of use or service conditions, you may reject them, but you will not be able to access the ‘BSP’ application(s).

The ‘DEVELOPERS’ may perform ‘BSP’ updates at any time to improve its functionalities.

Therefore, these terms of use and service conditions may be modified, at any time, to reflect these adjustments.

Nevertheless, when any modification or update occurs, you will be duly informed through Google Play/APP Store.

Accepting these modifications implies also accepting the terms of use and service conditions, and their modifications.

Likewise, in the case that we perform substantial changes to the terms of use and service conditions, the ‘terms of use and service conditions’ section will be published again on our websites and applications stating the date the modifications were made at the top of the page. Therefore, review these terms of use and service conditions every once in a while, to know the changes performed.

If you continue to use ‘BSP’ in any case after the modifications to these terms of use and service conditions, this means that you accept all the modifications.

These terms of use and service conditions are subject to Spanish law.

Any question or situation not foreseen must first be solved by the ‘DEVELOPERS’, and if it persists, resolved in accordance with current legislation.

Severability: If one of the terms of use or service conditions in this document were considered illegal, void or impossible to apply, this term or condition will be eliminated without prejudice to the application of the remaining provisions.

CONTACT US If you have any questions or comments with regard to our terms of use or service conditions, Privacy Policy and/or practices, get in touch with us by email at breincosmartplay@breinco.com