Terms of Use
Last updated: 01/10/2025
Introduction
The website brainsecurity.io (hereinafter the “Site”), managed by the company BRAIN SECURITY (hereinafter “Brain Security” or “we”), is a simplified joint stock company with a capital of €1,000, registered in the Paris Trade and Companies Register under the number 918 391 905 RCS Paris. Its headquarters are located at 229 rue Saint-Honoré, 75001 Paris. The Site provides access to the Brain Security platform (hereinafter the “Platform”), designed for businesses and aimed at training and raising awareness among users about cybersecurity risks through gamified training sessions, competitions, and immersive events (hereinafter the “Cyber Training Services”) (collectively the “Services”).
These terms of use (hereinafter the “Terms”) apply to all legal entities wishing to benefit from the Cyber Training Services offered by Brain Security (hereinafter “you” or the “Client(s)”).
Brain Security and the Client are also hereafter referred to individually as a “Party” or collectively as the “Parties.”
These Terms govern your subscription to the Cyber Training Services and your use of the Platform in this context and complement the order form that may be sent to you where applicable (hereinafter the “Order Form”).
Your agreement with us includes these Terms, the Order Form (if applicable), and our Personal Data Protection Policy (collectively hereinafter the “Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
1. Offered Services
Brain Security offers the following Cyber Training Services:
CyberCup Enterprise: A gamified cybersecurity awareness platform combining continuous training (daily micro-activities) and ongoing competition (league system, Super Quiz Arcade, leaderboards).
Brain Security Arcade Machine: A professional arcade machine made in France, offered for rent with an annual subscription, allowing the deployment of the Super Quiz Arcade in your premises.
CyberCup Competition Online: A one-hour digital event, hosted by our teams, with professional streaming production and real-time competition.
CyberCup Competition On-Site: A one-day physical event, with the deployment of arcade machines in your premises and live animations orchestrated by our teams.
2. Purchases
If you wish to purchase a product or service available through the Platform and the Cyber Training Services (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, but not limited to, your company's name, billing address, and payment details.
You represent and warrant that: (i) you have the legal right to commit your company to any Purchase; and that (ii) the information you provide us is true, accurate, and complete.
The acceptance and/or execution of orders by Brain Security is subject to:
the absence of circumstances that justify reconsideration, such as product or service unavailability, errors in product or service descriptions or pricing, or other errors affecting the order;
the absence of reasonable suspicion or determination of fraud or unauthorized or illegal transactions.
3. Promotions and Competitions
Competitions organized under CyberCup Enterprise (league system, internal tournaments, occasional events), discounts or other promotions (collectively, the “Promotion(s)”) available through the Site or the Platform may be governed by rules separate from these Terms. If you participate in any Promotion, please review the applicable rules, including participation requirements, prize award criteria, and prize distribution procedures. If the rules of a Promotion conflict with these Terms of Use, the Promotion rules will apply.
Brain Security reserves the right to modify the schedule, rules, and competition rewards with reasonable notice.
4. Subscriptions
4.1 Types of Subscriptions
Brain Security offers services on a subscription basis for:
CyberCup Enterprise: A recurring subscription granting access to the gamified platform, micro-activities, competition system, and administrative management tools.
Brain Security Arcade Machine: An annual subscription including machine rental, content updates, technical support, and maintenance.
CyberCup Competition Online and CyberCup Competition On-Site events are one-time services charged per event and do not constitute recurring subscriptions.
4.2 Billing and Renewal
Some of our Cyber Training Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly, quarterly, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription and specified in the Order Form.
At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or Brain Security cancels it. You can cancel the renewal of your Subscription up to one (1) month before the end of the current Billing Cycle for annual subscriptions or up to seven (7) days before for monthly subscriptions, either via your online account management page or by contacting our customer service. You will retain access to your account until the end of the current Billing Cycle.
5. Payment Terms
All payments must be made within thirty (30) days following receipt of the applicable invoice, by bank transfer or any other payment method agreed upon with Brain Security.
The Client is required to pay all applicable taxes (VAT or others) on the Cyber Training Services (“Taxes”) listed on the invoices issued by Brain Security.
Any outstanding amount by the applicable due date will incur, immediately and without prior notice, (i) late payment penalties at an interest rate equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, and (ii) a fixed recovery charge of forty (40) euros per invoice, due the day after the payment date.
6. Fee Modifications
Brain Security, at its sole discretion and at any time, may modify the Subscription fees. Any change to Subscription fees will take effect at the end of the current Billing Cycle.
Brain Security will provide you with reasonable prior notice of at least thirty (30) days in case of a Subscription fee change to give you the opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Platform and the Cyber Training Services after entering the new Billing Cycle constitutes your agreement to pay the modified Subscription fee amount.
7. Content and Intellectual Property
The content found on or through the Platform and the Cyber Training Services (hereinafter the “Content”) is the property of Brain Security and its licensors. Except for the use of the Platform and the Cyber Training Services in accordance with these Terms, you may not distribute, modify, transmit, reuse, download, repost, copy or use said Content, in whole or in part, for commercial purposes or for your personal gain, without our prior written permission.
The Content includes but is not limited to:
The 150 cyber reflexes split into 8 families
The 3-minute training micro-activities
The Super Quiz Arcade and its database of over 2,000 questions
The league system (Starter, Bronze, Silver, Gold, Master)
The competition mechanics, leaderboards, and scoring
The video content, animations, and boss fights
The interfaces and designs of the Platform
The design and branding of Brain Security Arcade Machines
All educational and training content
The Platform and its original Content, features, and functionalities are and will remain the exclusive property of Brain Security and its licensors. The Platform is protected by copyright, trademark, and various French, European, and international laws. Outside the use of the Platform in strict compliance with the Terms, our trademarks and trade dress may not be used with any product or service without Brain Security's prior written consent.
8. SaaS Platform Use
Access to the Platform and the Cyber Training Services is provided to the Client as an application accessible remotely as a service, via the Site. The Platform is not installed on an internal server or workstation of the Client.
During the duration of the Agreements, which continues as long as the Client is up to date with their Subscription and complies with the Terms, Brain Security undertakes to make the Platform available to the Client, on a non-exclusive and non-transferable basis, subject to circumstances beyond its control which it would inform the Client as soon as possible and its commitment to use its best efforts to restore access to the Platform as soon as possible.
Under the Terms, the Client therefore has under their Subscription a right of continuous access to the Platform but Brain Security does not grant the Client any license on the Platform and, more generally, on any software. In any case, the Client is prohibited from carrying out any reverse engineering or similar process on the Platform or any software or other product provided by Brain Security or accessible on the Site.
Access to the service constituted by the Platform hosted on the Site includes the use of the functionalities of the Cyber Training Services provided to the Client subject to compliance with the Terms. The Client benefits from regular updates to the Platform, which are included in Subscriptions as soon as they are performed on the Site.
8.1 Authorised Use
The Client must use the Platform and the Cyber Training Services solely for legal purposes under the present Terms, and must not use the Platform and the Cyber Training Services:
in any manner that violates any national or international law or regulation;
for the purpose of exploiting, harming, or attempting to exploit or harm any minors in any way by exposing them to inappropriate content or otherwise;
to impersonate or attempt to impersonate Brain Security, an employee, another user, or any other person or entity;
in any way that infringes upon others’ rights, or in any manner that is illegal, threatening, fraudulent, or harmful;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and the Cyber Training Services.
8.2 Technical Restrictions
Additionally, you agree not to:
use the Platform and the Cyber Training Services in a manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform;
use any robot, script, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any material on the Platform;
attempt to fraudulently manipulate competition scores, rankings, or results;
create fake accounts or use multiple accounts to participate unfairly in competitions;
use any device, software, or routine that interferes with the proper working of the Platform;
introduce viruses, trojans, worms, logic bombs, or any other malware or technologically harmful material;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
attack the Platform and the Cyber Training Services via a denial-of-service attack or a distributed denial-of-service attack;
attempt in any other way to interfere with the proper functioning of the Platform and the Cyber Training Services.
9. User Accounts
9.1 Account Creation
You can access our Services by logging directly onto the Platform using an email address, a third-party authentication service (Google, Microsoft, etc.), or any other authentication means offered, including the Magic Link.
When you create an account with us, you warrant that the information you provide us is accurate, complete, and up to date at all times. You agree to promptly correct any inaccurate, incomplete, or outdated information upon Brain Security’s simple request, otherwise Brain Security is entitled to terminate your Subscription and access to the Platform with immediate effect.
9.2 Account Security
You are responsible for maintaining the confidentiality of your account and your password (where applicable), including, but not limited to, limiting access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account, whether in competitions, progress through training modules, or any other interaction with the Platform.
You must inform us immediately as soon as you become aware of any security breach or unauthorized use of your account.
9.3 Competition Integrity
Within the framework of competitions organized on the Platform, you agree to:
Not create multiple accounts to participate unfairly
Not share your account with others during active competition periods
Not use fraudulent means to improve your scores or ranking
Adhere to the sportsmanship and fair play rules of the competitions
Any violation of these principles may result in immediate disqualification, deletion of scores, and account termination.
9.4 User Account Management
Once your administrator account is created, you can freely create access for your employees (the “Users”), within the limit provided in the Order Form or your subscription formula. Any new request for opening User accounts beyond the subscribed number will require a subscription adjustment.
You are solely responsible for creating access for Users and their personal use of the Platform.
10. Personal Data Protection
Brain Security and the Client acknowledge that they are fully aware of the obligations arising from regulations related to the protection of personal data, specifically resulting from Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (GDPR), as well as any other applicable regulations in this area.
10.1 Roles and Responsibilities
The Parties act respectively as:
Independent data controllers for Brain Security and the Client concerning processing personal data of their respective professional contacts for managing their business relationship;
Data controller for the Client concerning processing personal data of its employees/users necessary for providing the Cyber Training Services;
Processor for Brain Security concerning processing personal data of the Client’s users to the extent that Brain Security acts solely on behalf of the Client.
10.2 Data Collected
In the context of Platform use, Brain Security may collect and process:
Identification data (name, first name, email)
Progress and performance data in training
Scores and rankings in competitions
Responses to quizzes and micro-activities
Connection and Platform usage data
Cybersecurity behaviour data
This data is processed according to our Personal Data Protection Policy accessible on the Site.
11. Error Reporting and Feedback
You can provide us, either directly at our contact address or via third-party sites and tools, information and feedback on errors, improvement suggestions, ideas, issues, complaints, and other matters related to the Platform and the Cyber Training Services (“Feedback”).
You acknowledge and agree that: (i) you have no intellectual property rights on the Feedback; (ii) Brain Security may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) Brain Security is under no obligation of confidentiality concerning the Feedback.
Where the transfer of Feedback ownership is not possible, you grant Brain Security an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose.
12. Links to Other Websites
If the Platform contains links to third-party websites or services not owned or controlled by Brain Security, it is reminded that Brain Security cannot be held responsible in any way for the content, advertisements, products and services, privacy policies or practices of any third-party website or service.
You acknowledge and agree that Brain Security will not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party websites or services.
13. Brain Security Obligations
Brain Security is committed to providing the Platform and the Cyber Training Services with the care reasonably expected of a diligent professional.
Brain Security is committed to the Client ensuring that the Platform and the Cyber Training Services comply with the law and that their general features significantly and reasonably correspond to the description made on the Site.
Brain Security will use its best efforts to carry out the evolutionary and corrective maintenance of the Platform. Brain Security is committed to informing the Client as soon as possible if maintenance operations that would disrupt the Platform’s operation are necessary and to use its best efforts to reduce or terminate the relevant disruption as quickly as possible.
13.1 Service Availability
Brain Security strives to maintain Platform availability at 99% on an annual basis, excluding planned maintenance periods. Where possible, planned maintenance periods will be announced in advance and scheduled outside of peak usage hours.
13.2 Customer Support
Brain Security is committed to providing customer support available to address questions and technical issues. The support channels and response times vary depending on the type of subscription chosen.
14. Warranty Limitations
The Platform and the Cyber Training Services are provided by Brain Security on an “as is” or “as available” basis. Brain Security makes no representations or warranties, express or implied, arising from law or any contractual document, relating to:
Merchantability
Non-infringement
Continuous and uninterrupted availability
Total absence of errors or bugs
The functioning of telecommunications networks
Fitness for a particular Client’s purpose
Brain Security does not guarantee that:
The training results will ensure absolute protection against cyberattacks
Users will necessarily win prizes or rewards in competitions
Scores and rankings will be free from any technical error
You acknowledge that your use of the Platform and the Cyber Training Services, their Content, and all services or items obtained from us is at your risk. The previous provisions do not affect warranties that cannot be excluded or limited under applicable law.
15. Limitation of Liability
Neither Party shall be liable to the other Party for any indirect, incidental, or consequential damage. It is expressly agreed between the Parties that indirect damage includes any financial or commercial harm, loss of revenue, profit, data, orders, or customers, as well as any action directed against customers and/or the other Party by a third party unless such action results from the fault attributable to the concerned Party. Punitive damages are expressly excluded in any case.
The total liability of Brain Security concerning any prejudice, damage, cost, or expense arising from any claim related to the Platform, Cyber Training Services, or Terms shall not in any case exceed, under any circumstances, the total annual amount paid to Brain Security by the Client in the last twelve (12) months.
Brain Security shall not be liable for:
The lack of improvement in a user’s cybersecurity skills
The consequences of a cyberattack experienced despite using the Platform
Data loss due to inappropriate use of the Platform
Any claim must be addressed to the other Party by registered letter with return receipt or by messenger service within a maximum of thirty (30) calendar days following the occurrence of the damage/harm.
16. Force Majeure
Neither Party shall be liable for failing to perform or delay in performing any obligation under the Terms, to the extent that such failure or delay results directly from an event meeting the characteristics of force majeure as defined by Article 1218 of the French Civil Code.
By express agreement between the Parties, constitutive force majeure cases include fire, flood, explosion, war, terrorism, epidemic or pandemic, computer attacks and viruses, malfunction of communication and/or computer networks, government or authority requirement, and other similar causes beyond the control of the Party invoking it.
If such a situation occurs, the affected Party must promptly notify the other Party and use its best efforts to reduce or eliminate the effects of the Force Majeure. If the Force Majeure persists beyond thirty (30) days, the non-affected Party may terminate the Terms.
17. Termination
17.1 Termination for Breach
In the event of a serious breach by one Party of any of its obligations under the Terms, the non-defaulting Party may refuse to comply with or suspend the execution of its own obligations and send a written notification to the defaulting Party, requesting it to rectify and terminate the contractual breach in question within thirty (30) days.
If the defaulting Party does not rectify or terminate the said contractual breach within the allotted time, the non-defaulting Party may terminate the Client account and the Subscription of right with immediate effect.
17.2 Immediate Termination
Brain Security may also terminate the Client account and the Subscription, and prohibit access to the Platform and the Cyber Training Services immediately, without notice, in case of:
Proven fraud or attempted manipulation of competitions
Severe damage to Brain Security systems
Repeated violation of fair use rules
Persistent non-payment despite reminders
17.3 Client-Initiated Termination
If you wish to terminate your Client account in accordance with the Terms, you may write to us at the email address provided in the “Contact Us” section.
17.4 Consequences of Termination
All provisions of the Terms which, by their nature, should survive termination, will survive termination, including, without limitation, provisions regarding intellectual property, warranty disclaimers, indemnification, and liability limitations.
Upon termination:
Your access to the Platform will be immediately suspended
Your progress data and scores may be retained in accordance with our Data Protection Policy
No prorated refund will be made except in the case of permanent discontinuation by Brain Security for reasons attributable to it
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with French law, excluding its conflict of law provisions.
Any dispute or controversy between the Parties arising out of or in connection with the Terms or a breach thereof must be subject to an attempt at an amicable resolution between the Parties.
If this dispute or controversy cannot be resolved amicably by the Parties within thirty (30) days after receipt by one Party of written notification from the other Party regarding the dispute or controversy, such dispute or controversy shall be subject to the exclusive jurisdiction of the Commercial Court of Paris.
19. Modifications to the Platform and Services
We reserve the right to modify the Platform and the Cyber Training Services, and any service or material we provide, at our sole discretion. From time to time, we may restrict access to certain parts of the Platform and the Cyber Training Services.
In the event that modifications made by Brain Security significantly affect the essential features, Brain Security is committed to promptly informing the Client and communicating termination terms adapted to the circumstances.
Brain Security reserves the right to:
Modify competition rules with reasonable notice
Adjust tournament rewards and prizes
Add, remove, or modify training modules and micro-activities
Evolve the scoring, leagues, and ranking system
20. Modification of Terms
The Terms may be modified at any time by Brain Security. The Client will be notified by email and/or via the Platform. Revised Terms will take effect at the end of the current Billing Cycle for substantial changes, or immediately for minor adjustments.
Your continued use of the Platform and the Cyber Training Services after the renewal of your Subscription means you accept and agree to the changes. By continuing to access or use the Platform after any revision takes effect, you agree to be bound by the revised Terms.
21. Miscellaneous Provisions
21.1 Non-Waiver
No tolerance or inaction by Brain Security due to a Client’s breach shall be interpreted as constituting an agreement or acceptance of this breach. No tolerance by Brain Security in exercising any of its rights shall constitute a waiver of its right to assert such right later.
21.2 Entire Agreement
The Terms constitute the entire final and exhaustive expression of the Parties’ intention regarding the subject matter herein and prevail over all prior agreements or contracts, verbal or written, between the Parties.
21.3 Severability
If any provision of the Terms is deemed unenforceable, invalid, or unlawful, the remaining provisions of the Terms shall remain in full force and effect.
21.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. Brain Security may freely assign or transfer these Terms.
22. Acknowledgement
BY USING THE BRAIN SECURITY PLATFORM AND CYBER TRAINING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
These terms have been established in accordance with applicable French and European legislation. For any specific legal questions, we recommend consulting a specialised lawyer.
