Last updated 23 January 2025
Welcome, and thank you for your interest!
Before you download, install, or use the Incredible Jack application, please read the terms and conditions of this Agreement.
Introduction
These Terms and Conditions and End User License Agreement (the Agreement or Terms), together with all the documents referred to herein, constitute a legally binding agreement made between you, as the user of our app (you, your or user), and BrainMount Ltd, a company incorporated under the laws of Cyprus with a registered address at Vasili Michailidi 9, 3026, Limassol, Cyprus (BrainMount, we, us or our), concerning your access to and use of the Incredible Jack software application for mobile devices (the App).
The App is to be used on devices that operate with Apple’s operating systems and Google’s operating system.
You acknowledge that these Terms are between you and us and not with Apple’s software distribution platform or Google’s software distribution platform (collectively, the App Store). You agree to comply with all applicable policies of the relevant App Store. In the event of a conflict between these Terms and the policies of the relevant App Store, the policies of the relevant App Store shall take priority.
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Our contact details:
Name: BrainMount Ltd
Address: Vasili Michailidi 9, 3026, Limassol, Cyprus
E-mail: [email protected]
By downloading, installing, and using our App, you agree to be bound by the terms and conditions described in this Agreement and acknowledge that you have read, understood, agreed to, and accepted all of the terms and conditions described in the Agreement. If any term of the Agreement is not clear to you and/or you do not agree to and/or accept it, you may not download, install, or use the App.
It is very important to us that all the terms of the Agreement are clear to you. If you have any questions about these Terms, please contact us at the e-mail address listed under Our contact details.
This Agreement contains essential information regarding the following:
We reserve the right to change, modify, add, or delete clauses in this Agreement at any time, in accordance with the procedures described in Section 9 below.
1.1. License Granting. We (or our licensors, where applicable) grant you a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive, worldwide, freely revocable license to download, install, and use the App on any devices that you own or control (the License) until you or we terminate this Agreement.
In no event shall you use the App or this License for commercial purposes or allow others to do so without obtaining permission from us. THIS APP IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR YOUR USE.
We retain all rights, title, and interest in and to the App, reserving any rights not expressly granted to you in these Terms.
1.2. Prohibited Use. Among other things, you agree not to do any of the following (directly or indirectly):
1.3. In-Game Purchases. The App may include the ability to purchase virtual goods or virtual currency (“In-Game Purchases”). These purchases are entirely voluntary. Payment processing is carried out exclusively by Apple or Google. BrainMount does not store or process your payment data. All In-Game Purchases are final and non-refundable except as required by applicable law or by the relevant App Store’s policies. You are solely responsible for ensuring you have authorization for any In-Game Purchases and for compliance with applicable laws in your jurisdiction.
2.1. App Ownership. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT HAVE ANY OWNERSHIP OR PROPRIETARY RIGHTS TO THE APP; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS REMAIN WITH BRAINMOUNT IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to you hereunder, all proprietary and other rights to the App, as well as all copyrighted materials, trademarks, and intellectual property related to it or its copies (including, without limitation, any corrections, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, plot, dialogues, characteristic phrases, places, concepts, artwork, images, animation, sounds, musical compositions, audiovisual effects, text, modes of action, moral rights, and applications included in the App and any related documentation) belong to BrainMount (or its licensors, where applicable).
2.2. You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer your rights, responsibilities, or obligations under this Agreement, whether in whole or in part, without the prior written consent of BrainMount. Any attempt to do so shall be null and void.
2.3. Trademark Ownership. All trademarks and service marks, domain names, acronyms, logos, graphics, and other elements visible on the App are the exclusive property of BrainMount or its partners who have granted it the right to use them within the App. You cannot use BrainMount trademarks and service marks, domain names, acronyms, logos, graphics, and other elements visible in the App without our prior written permission.
The App is protected by international copyright agreements and treaties, as well as other legislation. All rights reserved. The App contains materials used under license. BrainMount (and its licensors, where applicable) may enforce their rights in the event of any breach of this Agreement.
2.4. No Other Rights. The App may contain certain licensed materials, in which case BrainMount’s licensors have the right to enforce their rights if this Agreement is violated. Reproduction or presentation of these licensed materials in any manner for any reason is prohibited without prior permission from BrainMount and, in some cases, BrainMount’s licensors and representatives. Except as expressly set forth in this Agreement, all rights not expressly granted to you herein are expressly reserved by BrainMount.
3.1. The App is not directed to persons under eighteen (18) years of age. To become a user, you must be at least eighteen (18) years of age and not barred from using the App under applicable law. By agreeing to this Agreement, you represent and certify that you are legally able to enter into any and all agreements with BrainMount and its partners, vendors, agents, and service providers. If you are younger than eighteen (18) years of age, you may only download and use the App if your parent(s) or legal guardian has/have reviewed these Terms and allowed you to download and use the App subject to these Terms. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time.
3.2. Local Laws. You agree to comply with all local, state, national, and international laws, rules, and regulations that apply to your use of the App. You are solely responsible for ensuring that your use of the App is in compliance with the laws and regulations of your jurisdiction. BrainMount shall not be liable if your use of the App violates any such laws.
4.1. No Warranties. We provide the App “as is” and “as available” and explicitly disclaim any warranties or conditions. We do not guarantee that the App will meet your requirements or be available uninterrupted, timely, secure, or error-free.
4.2. Content Accuracy. We do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any content available through our App. Any reliance you place on such content is at your own risk.
4.3. Third-Party Content and Services. We do not endorse, warrant, or assume responsibility for any third-party content or services provided through our App. Any access or use of third-party content or services is at your own discretion and risk.
5.1. By sending your feedback and suggestions to BrainMount (hereinafter referred to as the Feedback), you grant BrainMount a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to us without restriction or compensation to you. If any of these rights cannot be licensed under applicable law (such as moral law and other personal rights), you hereby waive any such rights. You understand and agree that BrainMount is not obligated to implement any Feedback provided by you. You agree that if BrainMount uses your Feedback, we are not obligated to include you in the list of acknowledgments or pay any compensation for your contribution. You represent and warrant that you have sufficient rights to any material included in the Feedback you send to BrainMount to grant us and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
6.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you, including, but not limited to (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the App; (vii) loss of goodwill; (viii) wasted management or office time; and (ix) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
6.2. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, the passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown, or a national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
6.3. Cap of the liability. To the extent permitted by applicable law, in no event shall BrainMount’s aggregate liability arising out of or in connection with these Terms or the use of or inability to use the services or content exceed one thousand (1,000) euros. The above exclusions and limitations of liability are the basic elements of the principles upon which the Agreement between you and BrainMount is based.
7.1. Indemnification Obligation. You agree to indemnify, defend, and hold harmless BrainMount, our affiliates, and our respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to (i) your use of the App, (ii) your content, (iii) your breach or alleged breach of this Agreement or the Privacy Policy, (iv) your violation of any law, regulation, or third-party right, and (v) any dispute between you and any third party.
7.2. Defense. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
7.3. Notification. We will promptly notify you of any claim or demand for which you are required to indemnify us. However, our failure to notify you shall not relieve you of your indemnification obligations, except to the extent that our failure to notify you causes material prejudice to your ability to defend the claim.
8.1. You undertake to keep the confidentiality of source files and the Confidential Information received from us. Confidential Information means commercially valuable information that shall be kept confidential by you, and that shall not be disclosed or made available to the public in accordance with the Terms. Confidential Information includes all information disclosed by BrainMount to you, whether disclosed orally or in writing, and, without limiting the generality of the foregoing, may include without limitation information relating to the party’s technologies, research, products, software, services, development, creative projects, inventions, industrial patterns, drawings, design documentation, marketing, or finances.
8.2. You shall take any efforts not inconsistent with law to protect the Confidential Information from unauthorized access by unauthorized persons, its transfer to any third parties, illegal copying, reproduction, publication, dissemination, or any other use or disclosure thereof, except where such information shall be disclosed under legal requirements or the mutual agreement of you and BrainMount.
8.3. Limitation of liability. Your rights and obligations under clauses 8.1 and 8.2 of the Terms shall not apply to Confidential Information to the extent that:
You may disclose Confidential Information if it is required to be disclosed by law, by a competent court, or a government body. You shall provide BrainMount with a reasonable opportunity to review the disclosure and to interpose its own objection to the disclosure of the relevant Confidential Information.
8.4. You agree to keep our Confidential Information separate from your own documents in a safe and secure place. You shall use all commercially reasonable efforts to protect the Confidential Information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying, or disclosure.
8.5. You are also responsible for any violation of confidentiality by individuals or entities with whom your legal relations have been terminated and to whom you disclosed our Confidential Information.
9.1. Modification of the Agreement. We reserve the right to revise, update, modify, add, supplement, or delete certain terms of this Agreement for better security, protection, or legal or regulatory reasons. Such changes will be valid with or, depending on the conditions, without your prior notice.
You are therefore required to regularly monitor changes to the Terms and to fully comply with them. If any future changes to this Agreement are unacceptable to you or make it impossible for you to comply with this Agreement, you may terminate it in accordance with Section 10. Any use of the App by you after the Terms have been modified and/or amended shall constitute your acceptance of the amended Terms.
9.2. Modification of the App. BrainMount may at any time, at its discretion, modify the App for any reason or for no particular reason, for example, for technical reasons such as updating, maintenance, and/or rebooting to improve and/or optimize the App. You agree that the App may automatically install or download modifications. You agree that BrainMount may stop supporting previous versions of the App when an updated version is available. BrainMount’s partners and related service providers have no obligation to provide customer service or support in relation to the App.
10.1. Term. This Agreement is valid from the date of download or use of the App and will remain in full force and effect until terminated as specified below.
10.2. Termination from your side. You may terminate the Agreement at any time, automatically and extrajudicially, by deleting the App from your device.
10.3. Termination from our side. We may immediately terminate the Agreement and/or prevent you from using the App at any time, automatically and extrajudicially, in the following cases:
10.4. Effect of termination. Upon the termination of the Agreement, you shall stop using the App.
10.5. Survival. The provisions of these Terms that, by their nature, should survive termination shall survive termination, including, but not limited to, the Sections on Ownership rights, License Conditions, Disclaimer of Warranty, Limitation of Liability, Indemnification by you, and Applicable Law and Dispute Resolution.
10.6. Suspension of providing the App. We reserve the right to suspend, modify, or discontinue any or all of the functionality of the App at any time without liability. We may provide notice of such suspension, modification, or discontinuation of the App by any means we deem reasonable.
11.1. Use of the App is also governed by our Privacy Policy, a copy of which is located via this link. By using the App, you confirm that you have read and acknowledge the terms of the Privacy Policy.
12.1. Applicable law. Any issue not agreed upon in this Agreement will be governed by the law of the Republic of Cyprus.
12.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of this Agreement through negotiations. The party that has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. If, however, a disagreement or claim is not resolved by negotiations, such dispute shall be resolved in the competent courts of the Republic of Cyprus.
13.1. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.2. Entire agreement. This Agreement is the final, complete, and exclusive agreement between you and us with respect to the subject matters hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior Agreement).
13.3. No waiver of rights. BrainMount’s failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by BrainMount of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
13.4. Titles and interpretation. The clause titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
13.5. Translation. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms and a translation, the English language version of the Terms will prevail. The original English text shall be the sole legally binding version.
13.6. Headings. The headings and parentheticals in these Terms are provided for informational and convenience purposes only. They have no legal effect whatsoever.
13.7. Assignment. This Agreement and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement without your consent but will provide prior notice to you. The terms of this Agreement shall be binding upon assignees.