Brismania

Terms of service

Contents

1. Who We Are and What These Terms Cover

Brismania is made and operated by Deverence Group B.V. ("Deverence", "Brismania", "we", "us"), a Dutch company with its postal address at Postbus 10, 3632 ZR Loenen aan de Vecht, the Netherlands. These terms are an agreement between you and Deverence, and they are the end user licence agreement for the Brismania app.

They cover everything we offer under the Brismania name: the Brismania app for iPhone and any other versions we release, the websites brismania.nl, brismania.be and brismania.de, the downloadable game content the app fetches, and the servers that run the game (together, the "Game").

By installing the app, creating an account or otherwise playing Brismania, you agree to these terms. If you do not agree, please do not play.

If you let a child play on your device or account, you are responsible for making sure these terms are followed.

2. Who May Play

You must be at least 13 years old to create an account or play Brismania. If we learn that an account belongs to someone under 13, we will close it.

13 to 15. If you are 13, 14 or 15, you need the consent of a parent or guardian to play. Because Brismania is played outdoors, we ask parents and guardians to talk with younger players about where they may walk, when, and with whom.

16 and 17. If you are 16 or 17 you may play on your own.

You must not play if the law of the Netherlands or of the country you are in prohibits you from doing so, or if we have previously closed your account for breaking these terms.

3. Playing Safely in the Real World

Brismania moves when you move. That makes it a real-world activity, and you are responsible for your own safety and for how you behave while you play. In particular:

The map, the routes and the places in the Game are drawn automatically and may be inaccurate or out of date. They are not directions, and they are no guarantee that a place is safe, open, accessible or legal to visit. Use your own judgement.

4. Your Account

5. Your Licence to Play

We give you a personal, non-exclusive, non-transferable, revocable licence to install and play Brismania on devices you own or control, for as long as these terms are in force. The app is licensed, not sold: you get the right to play it, not ownership of it.

You may not, and may not help anyone else to:

6. What You Make in the Game

Your player name and anything else that comes from you are yours. We do not claim ownership of them.

To run the Game we need the technical permission to handle what you make: to store it, back it up, transmit it to your devices and show it where the Game is designed to show it. So by playing, you give Deverence a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt and display it solely in order to operate, secure, back up and improve the Game. It is a technical permission and nothing more.

We will not use what you make in advertising without asking you first, we will not sell it, and we will not use it to train artificial intelligence models.

Brissies can leave. A Brissie that runs out of resolve in ranked training returns to the wild and leaves your account for good. The Game tells you what is at stake before every ranked fight, and practice never carries that risk. It is part of how the Game is played, not a fault, and we do not restore a Brissie that has left this way.

Brissies, items, badges, progress and any other game objects are part of the Game. You have a licence to use them in the Game; they are not your property, and they have no value outside it.

7. Rules of Conduct and Fair Play

A walking game only works if the walking is real. You may not:

We decide in good faith whether conduct breaks these rules and what to do about it. Depending on how serious it is, we may reset progress that was gained unfairly, remove names or content, restrict features, or suspend or close the account. Where it is reasonable, we will tell you what we did and why, and you can write to support@brismania.nl if you think we got it wrong.

8. Money

Brismania is free, and it currently sells nothing. There are no in-app purchases, no subscriptions and no advertising. Everything in the Game, including Brissies, food, items and badges, is earned by playing, has no cash value, cannot be exchanged for money or transferred outside the Game, and belongs to the account that earned it.

No betting, no gambling. Nothing in Brismania involves betting money on chance outcomes, and no part of the Game pays out money. Chests and other surprises in the Game are earned by playing and cannot be bought.

If that changes. If we ever offer anything paid, it will be sold through the App Store under Apple's terms and refund rules, and we will update these terms before it goes on sale, including your right of withdrawal as a consumer in the European Union and the rule that players under 18 may only buy with the permission of a parent or guardian. Nothing paid will ever take away what you have already earned.

9. A Game Still in Development

Brismania is a young game, and we would rather set your expectations honestly than surprise you later.

10. Feedback

We love hearing ideas. If you send us suggestions, bug reports or other feedback about Brismania, you agree that we may use it to improve the Game without owing you anything and without any obligation to keep it confidential. You keep any rights you have in the feedback itself; you just cannot stop us from acting on it.

11. Our Intellectual Property

The app, the website and everything we made for them, including the software, the world, the creatures, their names and designs, art, animation, text, music, sound and the Brismania name and logo, belong to Deverence or our licensors and are protected by copyright, trademark and other laws. These terms give you no right to use our name, logos or artwork except to refer to the Game accurately.

The world is drawn from map data © OpenStreetMap contributors, available under the Open Database License. That data belongs to its contributors, not to us.

If you believe something in Brismania infringes your copyright, trademark or other rights, email support@brismania.nl with a link to or description of it, an explanation of the right you hold and why it is infringed, your contact details and a statement that what you tell us is accurate. We will review it, remove or disable the content where the report is justified, and act against repeat infringement.

13. Privacy

How we handle personal data, including your location, is described in our privacy notice, which forms part of these terms. In short: all data is hosted in the European Union, we do not sell your data, and there is no advertising. Questions about privacy go to privacy@brismania.nl.

14. Updates to the Game

We release updates regularly and may add, change or remove features. Depending on your device settings, updates install automatically or after you are prompted. The app also downloads game content, such as creatures, when you first need it. Older versions may stop working with our servers, so keep the app up to date. We are not obliged to keep any particular feature available.

15. Ending the Agreement

By you. You can stop playing at any time, and you can ask us to delete your account from the app's settings or by emailing support@brismania.nl from the address on your account. Deleting your account removes your profile and progress from the Game, subject to the backup rotation described in the privacy notice.

By us. We may suspend or close your account, with notice where that is reasonable, if you seriously or repeatedly break these terms, if we are required to by law, if the account is used for fraud or abuse, or if it has been inactive for more than two years. We may also stop offering the Game or part of it; if we discontinue it entirely, we will give at least 30 days' notice where possible.

Sections that by their nature should outlast the agreement, such as those on licences already granted, liability and applicable law, continue to apply.

16. What We Do and Do Not Promise

We work hard to keep Brismania available and reliable, but it is provided as it is. We cannot promise that it will be free of errors or interruptions, that location and distance will always be measured accurately (GPS is imprecise, especially between tall buildings or indoors), or that progress will never be lost. See section 9 for what being in development means in practice.

If you are a consumer, you have rights under the law of the country you live in that these terms cannot take away, including the right to a game that conforms to what was agreed. Nothing in this section or the next limits those rights.

17. Liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, for intent or gross negligence on our part, or for anything else that cannot be limited under applicable law.

Otherwise, and to the extent the law allows, we are not liable for indirect damage, loss of profit, the loss of game progress, damage caused by other players, damage that results from ignoring the safety rules in section 3, or damage caused by events outside our reasonable control. For any other claim, our total liability towards you in any twelve-month period is limited to the amount you paid us for the Game in that period, or to EUR 100 if that is higher.

18. Your Responsibility for Your Own Use

If someone brings a claim against us because of how you played, something you published through the Game, or another breach of these terms by you, you will compensate us for the reasonable costs and damages that result, provided we tell you promptly and let you take part in the defence. This does not apply to consumers to the extent the law does not allow it.

19. App Stores

If you download Brismania from the Apple App Store or another store, that store's own terms also apply to the download. These terms are between you and Deverence only, not the store. Apple and the other stores are not responsible for the Game, its content, maintenance or support, and have no warranty obligations towards you beyond their own terms; where the law allows, if the app fails to conform to an applicable warranty you may notify Apple, and Apple will refund the purchase price of the app, if any. Deverence, not Apple, is responsible for handling any claims relating to the app, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. For the Apple App Store in particular, you confirm that you are not in a country subject to a United States government embargo and are not on a United States government list of prohibited or restricted parties.

20. Changes to These Terms

We may change these terms when the Game, the law or our business changes. For changes that matter to you, we will tell you in the app or by email at least 14 days before they take effect, and explain what changed. If you do not agree with a change, you can close your account before it takes effect; continuing to play after that date means you accept the new terms. Editorial changes and changes required by law may take effect immediately. The current version is always at brismania.nl/company/eula, and the date at the top tells you when it last changed.

21. Applicable Law and Disputes

Dutch law applies to these terms. If you are a consumer living in another country of the European Union, you also keep the protection of the mandatory consumer rules of that country.

If you have a problem, tell us first at support@brismania.nl; most things can be solved that way. Disputes that cannot be resolved go to the competent court in the Netherlands. If you are a consumer, you may also bring the case before the court of the country where you live, and you may choose the court of your place of residence within one month after we invoke the Dutch court.

22. Contact

Questions about these terms:

Deverence Group B.V. (Brismania)
Postbus 10, 3632 ZR Loenen aan de Vecht
The Netherlands
support@brismania.nl