Terms of service

Terms of Service — Brainrich Kids

Last updated: July 25, 2026

1. Who we are and what these terms cover

This website, brainrichkids.com, is operated by Brainrich Inc, doing business as Brainrich Kids ("Brainrich," "we," "us"), located at 5529 North Military Trail, Unit 1507, Boca Raton, FL 33496, United States. By using our website, purchasing our products, using the Brainrich app, or joining our email or text programs, you agree to these Terms of Service and to our Privacy Policy and Return Policy, which are part of them. If you don't agree, please don't use the site. We may update these terms by posting a new version here; the version posted at the time of your purchase governs that purchase.

2. Our products and your responsibilities

Brainrich play gyms are active play and exercise equipment designed for children ages 3 and up, with adult assembly and adult supervision. By purchasing, you agree to:

• Assemble the product as instructed. Follow the included instructions and the Brainrich app's assembly videos completely, including all load-spreading and mounting guidance. Contact us at any point during assembly — live video support is free.
• Respect the weight rating. Our gyms are rated for users up to 220 lb. Structural testing to higher loads is a safety margin, not an invitation.
• Supervise use. Children should use the equipment under adult supervision appropriate to their age and ability. Use protective flooring (such as play mats) in landing zones.
• Maintain it. Check fasteners and tension mounts periodically as described in the instructions, and stop using the product if any part appears damaged — contact us for replacement parts.

Assumption of risk: climbing, swinging, and active play inherently involve risk, including the risk of injury. That risk is part of why active play builds strong, capable kids — but it cannot be eliminated. To the fullest extent permitted by law, you assume the risks inherent in the use of active play equipment, and Brainrich is not liable for injuries or damage resulting from misuse, failure to follow assembly or mounting instructions, exceeding weight limits, inadequate supervision, or unauthorized modification of the product.

3. Not medical advice

Content on our website, app, and marketing materials — including references to sensory development, occupational-therapy practices, and developmental science — is provided for general educational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for the individualized judgment of your child's physician or therapist. Always consult a qualified professional about your child's specific needs.

4. Orders, pricing, and payment

All prices are in U.S. dollars and may change without notice; the price at checkout is the price of your order. We reserve the right to refuse or cancel any order (for example, for suspected fraud, pricing errors, or shipping-region limitations) — if we cancel a paid order, we refund it in full. Payments are processed securely by Shopify and its payment partners; installment options such as Shop Pay Installments are provided by their respective providers under their own terms.

HSA/FSA payments: where offered, HSA/FSA payment is facilitated by an independent third-party platform whose licensed providers conduct any required health survey and issue any Letter of Medical Necessity under their own terms and healthcare-compliance obligations. Brainrich does not provide medical evaluations, does not receive or store your health information, and does not guarantee eligibility — final eligibility is always determined by your plan administrator.

5. Shipping, delivery, and returns

Delivery timelines shown on the site are good-faith estimates, not guarantees. Risk of loss passes to you upon delivery to the carrier or your address as required by law. Returns and refunds are governed by our Return Policy, including our 30-day money-back guarantee — read it at brainrichkids.com/pages/return-policy; it's short and in plain English.

6. Your content and our content

If you send us or tag us in photos, videos, reviews, or testimonials, you grant us a non-exclusive, royalty-free license to use them in our marketing, and you confirm you have the right to share them (including any people shown). We only feature identifiable customers or children with permission, and you may revoke permission for future use at any time by emailing us. Everything else on this site — text, images, videos, logos, product designs, and the Brainrich name and mark (a registered trademark) — belongs to Brainrich Inc or its licensors and may not be copied or used commercially without our written permission.

7. Text message (SMS) program

By opting into our text program you consent to receive recurring automated marketing and transactional messages at the number you provided; consent is not a condition of purchase. Message and data rates may apply, and frequency varies. Reply STOP to cancel at any time, or HELP for help; for support, email info@brainrichkids.com. Carriers are not liable for delayed or undelivered messages.

8. Prohibited uses

You may not use this site or our services for anything unlawful; to infringe anyone's rights; to transmit malware or interfere with the site's security or operation; to scrape or harvest data or personal information; or to submit false, misleading, or abusive content. We may refuse service, remove content, or terminate access for violations.

9. Disclaimers and limitation of liability

Except as expressly stated in these terms or required by law, the site and our products and services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free. To the fullest extent permitted by law, Brainrich's total liability for any claim arising out of these terms, the site, or a product is limited to the amount you paid for the product giving rise to the claim, and we are not liable for indirect, incidental, special, consequential, or punitive damages. Some jurisdictions do not allow certain exclusions or limits, so parts of this section may not apply to you — nothing in these terms limits liability that cannot lawfully be limited, and nothing limits your rights under our 30-day money-back guarantee.

10. Indemnification

You agree to indemnify and hold harmless Brainrich Inc and its officers, employees, and partners from claims arising out of your breach of these terms, your violation of law, or your misuse of the products or the site.

11. Disputes, governing law, and arbitration

These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before any formal dispute, please contact us at info@brainrichkids.com — we resolve almost everything quickly and fairly. Any dispute that cannot be resolved informally shall be settled by binding individual arbitration in Palm Beach County, Florida, administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small-claims court. You and Brainrich each waive the right to a jury trial and to participate in a class action. If any part of this section is found unenforceable, the remainder still applies.

12. General

If any provision of these terms is found invalid, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. These terms, together with the Privacy Policy and Return Policy, are the entire agreement between you and Brainrich regarding the site and our products.

13. Contact

Brainrich Inc (dba Brainrich Kids)
5529 North Military Trail, Unit 1507, Boca Raton, FL 33496, USA
info@brainrichkids.com · 1-800-586-1688