Terms and Conditions

Last Updated 25 November 2025
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By using Brain Candy you are agreeing to our Terms & Conditions and Privacy Policy.

Please refer to the Privacy Policy for information regarding how we collect, use, and disclose information about you.

STRUCTURE OF THIS DOCUMENT:
Part A (Sections 1-29): Terms for the Game
Part B (Sections 30-35): Terms for the Website
Sections 1-3 apply to both the Game and Website.

1. WHO ARE YOU AND WHAT IS THIS ABOUT?

Welcome! We are NX10.ME LTD, a company registered in England and Wales under company number 13746822 with our registered office at 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN. Our VAT number is GB431931706.

Contact: support@nx10.me

We operate Brain Candy, a match-3 puzzle game ('Game' or 'App'). When you download and use our Game, you agree to these Terms of Service ('Terms'). This way you know what to expect from us and what we can expect in return.

If you're comfortable with these Terms, please enjoy the Game!

2. WHAT ARE THE TERMS OF SERVICE?

Our Terms form the contract between us. They include this document, our Privacy Policy, our Cookie Policy, and any additional terms or policies that may apply to the Game. By using our Game, you agree to these Terms. Please read them carefully and make sure that you understand them. You should print a copy of these Terms for future reference.

Where additional terms or policies apply, we will update these Terms to include them. If there are any conflicts between additional terms or policies and these Terms, then these Terms will take precedence.

If you download the Game from the Apple App Store or Google Play Store, you also agree to be bound by the applicable terms and conditions of those platforms. In the event of any conflict between these Terms and the app store terms, these Terms shall prevail to the extent permitted by law, except where the app store terms provide you with greater rights or protections.

3. WHAT DOES IT MEAN?

"Personal Information" means any information that can be used to personally identify you.

"Service" or "Services" means the products and services provided by NX10.ME LTD, including the Game, our website and any other online, offline and/or mobile products and services on or via any platform or technology.

"Data" means the anonymised interaction data we collect through your use of the Game, including touch dynamics, timing patterns, motion data, and responses to in-game prompts.

The words "include" or "including" shall be construed without limitation to the words following.

4. AGE RESTRICTIONS - THIS GAME IS FOR ADULTS ONLY

This Game is intended for users aged 18 and over only. By downloading and using the Game, you confirm that you are 18 years of age or older.

We do not knowingly collect data from anyone under the age of 18. If you believe we may have inadvertently collected information from someone under 18, please contact us immediately at support@nx10.me.

5. DO I NEED AN ACCOUNT TO USE THE GAME?

No. Our Game does not require any account creation, login, registration, or subscription. You can download and play the Game completely free without providing any personal information such as your name, email address, or payment details.

6. IS THE GAME REALLY FREE?

Yes. The Game is completely free to download and play. There are:

No in-app purchases
No subscriptions
No advertisements
No paywalls or locked content
No charges of any kind

7. WHAT DATA DO YOU COLLECT AND WHY?

YOUR DATA, YOUR CONTROL

We do not access or analyse the content of your communications, app usage, or personal files. Instead, we focus solely on the external form – patterns of touch, timing, motion, and interaction dynamics – captured via built-in phone sensors like the touchscreen, accelerometer, and gyroscope.

This means:

We never access or store messages, emails, images, or content from your apps
We measure how your fingers move, not where they move to
We do not access your contacts, photos, or any other personal content

MINIMAL, ETHICAL DATA USE

We practise minimal data collection. We only collect what is essential to develop insights into cognitive and emotional states through neurometrics.

This includes:

Touch interaction dynamics (pressure, speed, rhythm of taps)
Phone motion patterns (from the accelerometer and gyroscope)
Device metadata (e.g., phone model, OS version – for calibration only)
Responses to in-game prompts and questions
Timing data related to gameplay patterns

We do not collect:

GPS location data
Contacts or phone numbers
User-generated content outside the Game
Browsing history or activity in other apps
Your name, email address, or any personally identifiable information

ANONYMITY BY DESIGN

All data collected is anonymised at source. Each device is associated with a randomised, untraceable ID that cannot be linked back to you as an individual. No personally identifiable information (PII) is ever attached to the data we process. We do not know who you are, and we want it that way.

SECURE AND COMPLIANT

All data is:

Encrypted in transit and at rest
Processed securely using cloud-based infrastructure with strict access controls
Handled in full compliance with UK GDPR, the Data Protection Act 2018, and other applicable privacy regulations
Never sold to third parties
Retained only for as long as necessary for our research purposes

We continuously monitor and improve our data protection policies, working alongside privacy experts to exceed best-practice standards.

ADVANCING HUMAN UNDERSTANDING – RESPECTFULLY

Our mission is to better understand human behaviour through form – not content. Anonymised data may be used in scientific research or product development to help people live better lives, but always in a way that protects your identity.

Your trust is the foundation of NX10. We are committed to being transparent, accountable, and respectful – every step of the way.

THIRD-PARTY SERVICE PROVIDERS

We may use trusted third-party service providers to help us operate the Game, including providers for cloud storage, data analytics, and data processing. Any data shared with these service providers is anonymised and they are contractually obligated to maintain the same high standards of data protection that we follow. These service providers only process data on our behalf and in accordance with our instructions.

RESEARCH AND ACADEMIC COLLABORATION

Aggregated and anonymised findings from our research may be published in academic papers, presented at scientific conferences, or shared with academic research partners. Only anonymised, aggregated data that cannot be traced back to any individual will ever be included in such publications or shared with research partners. Individual data points are never disclosed.

8. IN-GAME PROMPTS AND QUESTIONS

During gameplay, you may be presented with prompts or questions. These are designed to gather data for our research into emotional and cognitive states.

You are not required to answer these prompts to continue playing the Game. However, responses you provide will be collected and stored in an anonymised format alongside your interaction data.

These prompts will never ask for personally identifiable information such as your name, address, email, or phone number.

9. YOUR RIGHTS UNDER UK DATA PROTECTION LAW

Under UK data protection law, you have the following rights:

Right to be informed: You have the right to be told how your data is being used (which this document addresses)
Right of access: You can request information about the data we hold
Right to rectification: You can ask us to correct inaccurate data
Right to erasure: You can request that we delete your data by contacting privacy@nx10.me
Right to restrict processing: You can ask us to stop processing your data
Right to data portability: You can request your data in a portable format
Right to object: You can object to our processing of your data
Rights related to automated decision-making: You have protections against solely automated decision-making

Because our data collection is completely anonymised and not linked to any personally identifiable information, we cannot identify which data belongs to a specific individual. This means that while we respect all the rights listed above, exercising certain rights (such as access, rectification, or erasure of your specific data) may not be technically possible once the data has been anonymised.

If you wish to exercise any of these rights or have questions, please contact us at support@nx10.me.

10. LEGAL BASIS FOR DATA PROCESSING

We process your anonymised data under the following legal bases as defined by UK GDPR:

Legitimate interests (Article 6(1)(f)): We have a legitimate interest in conducting research to advance understanding of human cognitive and emotional states through neurometrics, which we balance against your rights and freedoms
Consent (where applicable): For any processing that falls outside legitimate interests, we rely on your informed consent, which you provide by continuing to use the Game after being informed of our data practices

You have the right to withdraw consent at any time by uninstalling the Game.

11. DEVICE PERMISSIONS

The Game will request access to the following device features in order to function:

Touchscreen: To enable gameplay and measure touch interaction dynamics
Accelerometer: To detect device motion patterns
Gyroscope: To detect device orientation and rotation
Internet access: To transmit anonymised data securely to our servers

The Game will NOT request access to:

Camera
Microphone
Contacts
Location services (GPS)
Photo library or media files
Phone or SMS
Any other personal data or content

12. WHAT ARE MY RIGHTS WHEN I USE THE GAME?

Our Services, including the Game, contain software, technology, and proprietary and confidential information that is protected by intellectual property rights and other laws. Content in our Game may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

NX10.ME LTD grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence to use the Game on your device in accordance with these Terms. This licence is for the sole purpose of enabling you to use and enjoy the Game in the manner permitted by these Terms.

You do not obtain any other right or interest in our Services or in or to NX10.ME LTD's assets.

13. WHAT ARE YOUR RULES WHEN I USE THE GAME?

Everyone is welcome to use our Game and we want everyone to enjoy it responsibly.

We need everyone to commit to the following rules:

You must be 18 years of age or older to use the Game
You will not use the Game in any way: (i) that breaches any applicable local, national or international law or regulation; or (ii) that is unlawful, fraudulent, or misleading
You will not use the Game for any commercial purposes without our prior written permission
You will only download the Game for your personal use and will not sell or pass the Game to a third party
Except as expressly permitted by applicable law or authorised by NX10.ME LTD, you will not use, distribute, reproduce, modify, copy, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display any part of our Game or Services, nor may you reverse engineer, decompile, disassemble or attempt to extract the source code of the Game
You will not infringe NX10.ME LTD's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights
You will not misuse the Game. For example, you will not interfere with the Game or try to access it using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, or scrapers) without our permission
You will not do anything that could disrupt, disable, overburden, or damage the proper working of the Game, such as a denial of service attack
You will not upload viruses or other malicious code
You will not facilitate or encourage any violations of these Terms

If you break any of the above rules, or if we are investigating suspected misconduct, we may stop providing the Game to you. We may refuse the use of our Services or Game without providing reasons.

14. WHAT ARE NX10.ME LTD'S RIGHTS?

We are constantly changing and improving our Services, including the Game. We may add or remove functionalities or features and we may suspend or stop the Game altogether.

Occasionally, we may have to:

Interrupt our Services; if we do so, we will restore them as quickly as we can
Make changes to certain technical specifications and product features

We will automatically push software updates to your device from time to time in order to improve, repair, or modify our Services. These updates are necessary to ensure the Game functions properly and securely. In certain circumstances (for example, where there are security risks or critical bug fixes), updates may be mandatory before you can continue using the Game.

In addition to our other rights:

We may stop providing our Game or add or create new limits to the Game
If we discontinue the Game, where reasonably possible, we will give you advance notice

15. WHAT ABOUT OTHER PEOPLE'S RIGHTS?

We respect other people's rights and expect you to do the same. You will not take any action in using our Game that infringes or violates someone else's rights or otherwise violates the law.

You may not use content from the Game unless you obtain permission from us or its owner or are otherwise permitted by law.

Our Game may display some content that is not owned by NX10.ME LTD. This content is the sole responsibility of the entity that makes it available. Branding, trademarks, service marks, logos and content used in the Game may belong to NX10.ME LTD or other persons. These Terms do not grant you the right to use them.

If you see something that you think is an issue and want to notify us, please send an email to us at support@nx10.me.

16. THIRD-PARTY LINKS

Our Game may include links to websites or apps provided by another entity. These links are provided for your convenience only. We do not endorse and are not responsible for such third-party websites or apps. You should read their relevant terms of service and privacy policy carefully.

17. WILL YOU CHANGE YOUR TERMS?

We will certainly have to update our Terms in the future, for example, due to ongoing improvement and other changes in our Services and changes to the laws that apply to us and you.

When we update our Terms, we will give you notice by posting the change in the Game. You should look at these Terms regularly.

Where we reasonably believe that a change is likely to cause you material disadvantage, we will try to let you know in advance. However, changes in our Terms that: (i) are more favourable to you; (ii) relate to new functions for the Game; (iii) are made for legal or regulatory reasons; or (iv) do not reduce your rights or increase your obligations, will be effective immediately.

If you do not agree to the changes, you should stop using the Game. If you continue to use the Game after any change is announced, you will be considered to have agreed to the change.

18. WHAT HAPPENS IF I BREAK THESE TERMS?

If you don't keep to the rules set out here, it's up to us how we respond, but we may stop you from using the Game.

If you break these Terms or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you with or without notice. In all such cases, these Terms will come to an end.

Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

19. HOW DO I STOP USING THE GAME?

You can stop using our Game at any time by uninstalling it from your device.

Uninstalling the Game will stop the collection of any further data. However, data that has already been collected in anonymised form will be retained in accordance with our data retention policies and may continue to be used for research purposes.

20. WHAT ARE NX10.ME LTD'S RESPONSIBILITIES AND LIABILITY?

We provide the Game using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about the Game.

We provide our Services "as is". Other than as expressly set out in these Terms, neither NX10.ME LTD nor our subsidiaries or affiliates makes any specific promises about the Game. For example, we do not make any commitments about the specific functions of the Game or its accuracy, reliability, availability or ability to meet your needs. We do not guarantee that our Services will be uninterrupted or that they will always be available. We cannot guarantee that our Services will be free from bugs or viruses, or never be faulty.

When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used the Game for business purposes.

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or any other liability that English law does not allow us to exclude or limit.

To the extent permitted by law, you acknowledge that your only remedy with respect to any problems or dissatisfaction with the Game is to stop using the Game and uninstall it.

Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. Please note, however, that we are providing the Game under English law. NX10.ME LTD and its affiliates, licensors and licensees disclaim any and all warranties and conditions (express or implied) to the fullest extent permitted by law.

If you are using the Game for a personal purpose then nothing in these Terms limits any consumers' legal rights which may not be waived by contract.

21. WHAT ARE MY RESPONSIBILITIES FOR DAMAGE IF I MISUSE THE GAME?

You will indemnify and hold harmless NX10.ME LTD in relation to any claims, losses, costs and liabilities arising from any legitimate claims a third party may make because of your use or misuse of the Game.

22. I HAVE A GREAT IDEA AND I WANT TO SHARE IT WITH NX10.ME LTD, WHAT ARE MY RIGHTS?

If you send any ideas or suggestions to us, you will not be paid or rewarded for them and we can use them in any way we wish.

If you submit any ideas, suggestions, proposals, or documents to NX10.ME LTD (together, "Contributions"), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) NX10.ME LTD is not under any obligation of confidentiality regarding those Contributions; (iii) NX10.ME LTD may have something similar to the Contributions already in development or under consideration; (iv) NX10.ME LTD may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of NX10.ME LTD without any obligation to you; and (vi) unless otherwise specifically agreed with us in writing, you are not entitled to any payment, compensation or reimbursement of any kind from NX10.ME LTD under any circumstances.

23. HOW DO I COMPLAIN AND HOW DO WE CONTACT EACH OTHER?

If you have a problem or complaint about the Game, or just want to give us feedback, you can email us at support@nx10.me.

If the topic of your contact is more serious, please contact privacy@nx10.me.

You can also contact the Information Commissioner's Office (ICO) if you have concerns about how we handle your data. The ICO is the UK's independent authority for data protection. You can contact them at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113
Website: www.ico.org.uk

24. WHAT ELSE DO I NEED TO KNOW?

These Terms make up the entire agreement between us relating to the Game and override any prior agreements. You acknowledge that you have entered into these Terms without relying upon any promises or statements other than those set out in these Terms.

These Terms are between us and you and are not intended to be for the benefit of, and will not be enforceable by, any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

You accept that these Terms are personal to you and agree not to transfer them to anyone else, or to try to do so. We can transfer this agreement to another company provided this does not adversely affect your rights under the Terms.

Sometimes we may not be able to provide you with the Game because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we cannot be liable for delays or being unable to provide you with our Services.

After these Terms come to an end, any provisions of these Terms that either explicitly or by their nature must remain in effect after termination will survive termination of the Terms.

If any portion of these Terms is found to be unlawful or unenforceable, the remaining portion will remain in full force and effect.

These Terms and our relationship will be governed by the laws of England and Wales and we both agree to the exclusive jurisdiction of the English courts.

25. MOBILE NETWORK CHARGES

The Game may require the use of data access and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.

26. DATA RETENTION

Anonymised data collected through the Game will be retained for up to 10 years or until it is no longer necessary for our research purposes, whichever comes first. We regularly review our data retention practices to ensure we do not retain data longer than necessary.

Because the data is anonymised and cannot be linked back to individual users, we cannot delete data relating to a specific user upon request. However, you can stop the collection of new data at any time by uninstalling the Game.

27. INTERNATIONAL DATA TRANSFERS

Your anonymised data may be transferred to, stored, and processed in countries outside the United Kingdom. When we transfer data internationally, we ensure appropriate safeguards are in place in accordance with UK data protection laws, including:

Standard contractual clauses approved by the UK authorities
Adequacy decisions recognising that the destination country provides adequate protection
Other legally recognised transfer mechanisms

28. AUTOMATED DECISION-MAKING

We may use automated processing of anonymised data for research purposes. This automated processing is not used to make decisions that produce legal effects concerning you or similarly significantly affect you.

29. DATA PROTECTION OFFICER

If you have any questions about how we process your data, you can contact our Data Protection Officer at:

Data Protection Officer email: privacy@nx10.me

or by writing to:

Data Protection Officer
NX10.ME LTD
9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN

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PART B: WEBSITE TERMS

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The following sections (30-35) apply specifically to your use of our website at https://nx10.me. Sections 1-3 apply to both the Game and the Website.

30. WEBSITE TERMS OF USE

These website terms apply to your use of our website at https://nx10.me (the "Website"). By accessing or using the Website, you agree to these terms.

The Website is provided for informational purposes about NX10.ME LTD and our products, including Brain Candy, You may use the Website for lawful purposes only.

You must not use the Website:

In any way that breaches any applicable local, national or international law or regulation
In any way that is unlawful, fraudulent, or harmful
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material
To knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs

31. NEWSLETTER SUBSCRIPTION

Our Website includes a newsletter subscription form. By submitting your email address through this form, you:

Confirm that the email address you provide is accurate and belongs to you
Consent to receive our newsletter and communications from NX10.ME LTD
Understand that your email address will be processed by HubSpot in accordance with our Privacy Policy
Can unsubscribe at any time by clicking the unsubscribe link in any email we send you

We will not sell or share your email address with third parties for their marketing purposes. See our Privacy Policy for full details on how we handle your email address.

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32. INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including text, graphics, logos, images, and software, is the property of NX10.ME LTD or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may view, download, and print pages from the Website for your personal, non-commercial use only, provided you do not modify any content and you keep all copyright and other proprietary notices intact.

You must not:

Reproduce, duplicate, copy, or resell any part of the Website for commercial purposes
Modify, adapt, or create derivative works from the Website content
Use any content from the Website in a manner that infringes our intellectual property rights or those of third parties

33. WEBSITE DISCLAIMERS AND LIMITATIONS

The information provided on the Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the Website or the information, products, services, or related graphics contained on the Website.

Your use of the Website and any reliance you place on information on the Website is at your own risk. We will not be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, arising from your use of the Website.

The Website may contain links to external websites that are not provided or maintained by us. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that English law does not allow us to exclude or limit.

34. WEBSITE AVAILABILITY

We do not guarantee that the Website will always be available or that access will be uninterrupted or error-free. We may suspend, withdraw, or restrict the availability of all or any part of the Website for business and operational reasons.

We will try to give you reasonable notice of any planned suspension or withdrawal of the Website, but this may not always be possible.

35. CHANGES TO WEBSITE TERMS

We may update these website terms from time to time. Any changes will be posted on this page with an updated "last updated" date at the top of this document.

Your continued use of the Website after any changes constitutes your acceptance of the new terms.