Legal information

General terms of use

1. Purpose

Brain & Bed is a game of questions and dares intended for two adults who are a couple. These terms govern its use. By using the service, you accept them.

2. Access restricted to adults

The service contains sexually explicit content. It is strictly restricted to persons aged 18 or over. On entering the service, the user declares that they are 18 years of age or older; any false declaration engages the liability of the person who makes it.

3. Account and couple space

Creating an account requires an email address and a password. A recovery key is issued on registration: it lets you recover access if the password is forgotten. If you have lost it, the publisher may, after checking that the request really comes from the account holder, give you a single-use reset code, valid for 24 hours; the publisher never knows your password. Two accounts may be linked to form a couple space, the contents of which are shared between those two accounts only. The user is responsible for keeping their login details confidential and for any use made of their account.

4. Rules of use

The user undertakes not to use the service for unlawful purposes, not to attempt to disrupt its operation, not to introduce any illegal content into it, and not to include in it any data concerning a third party without that person's consent. Custom content created in the game remains private to the couple's space.

5. Nature of the content and liability

The dares and challenges offered are game suggestions. Whether to carry them out is solely a matter for the participants, who remain free to refuse, stop or change any suggestion at any time, and who alone choose how to carry them out. The safety recommendations set out in the ‘Consent and safety’ section form an integral part of these terms. Nothing in these terms limits the publisher's liability where the law prohibits such a limitation, in particular for personal injury caused by its fault.

6. Availability

The service is provided as is, with no guarantee of continuous availability. It may be interrupted for maintenance, updates or technical reasons, without notice.

7. Intellectual property

The questions, dares, scenarios, texts, graphics and code of the service are protected. Any reproduction or reuse, even in part, without the publisher's written permission is prohibited.

The voice that reads the dares (“Jessica” and “Pierre”) is produced by the open-source Piper engine (MIT licence) with the fr_FR-upmc-medium model, trained on the UPMC recordings of the MaryTTS project, released under the Creative Commons BY-SA 4.0 licence (creativecommons.org/licenses/by-sa/4.0).

The dares you write in your space remain yours; in the game, they are visible only to the two of you. The publisher uses them only to run the game in your space. For a given dare, and for that dare only, you can tick the "Suggest this dare to the team" box: ticking it is your written consent for the publisher to read it, without knowing which couple it comes from, and to include it, as is or edited, in the game's catalogue, for all players and free of charge. You can untick it at any time: the dare is no longer suggested, but a dare already included stays in the catalogue. Without that box, nothing is reused.

8. Suspension and deletion

The publisher may suspend or delete an account in the event of a breach of these terms, in particular where the service is used by a minor. The user may delete their account at any time from the ‘Account’ screen; such deletion is permanent.

9. Changes to these terms

These terms may change. Any significant change is announced to you by a message in the game at least fifteen days before it takes effect; if you do not accept it, you may delete your account before that date. Access already paid for remains governed by the terms of sale accepted at the time of purchase.

10. Governing law

These terms are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal proceedings are brought. Consumers may refer the matter, free of charge, to the consumer mediator (médiateur de la consommation) named in the terms of sale (Article 11).

General terms of sale

These terms govern the purchase of the full version of Brain & Bed. They supplement the terms of use and do not replace them.

1. Seller

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2. Product sold

The full version is digital content supplied immediately, with no tangible medium. It unlocks, in the couple space:

• the Erotic, Daring and No limits dare levels;
• all toys, with no limit on their number;
• up to ten questions per round, instead of four;
• creating your own dares;
• the full desires list, and discovering the desires you share;
• long-distance challenges at every level.

The full version belongs to the account that purchased it. That account holder's partner benefits from it during games played together, but not otherwise (desires list, personal dares, toys), nor in a game played with anyone else. Access is sold for a fixed period (one day, ten days, one month or one year), paid in advance. It ends when that period expires, with no tacit renewal and no automatic debit: renewing it is a new purchase, made on your own initiative.

Free days. The game may give days of the full version, for example to couples who play several days in a row. They are added to your current access, under the same terms of use. They have no monetary value: they cannot be refunded, exchanged or transferred. Their rules may change, without affecting days already given.

Wait between two partners. A space that has just changed partners can only welcome a new one after a waiting period, shown in “My account”. The person who stayed in the space may lift this wait for the price shown (€1 including all taxes). This payment does not give access to the full version. It is carried out as soon as it is confirmed and cannot be refunded once the wait is lifted.

3. Price

The price is the one displayed on the ‘Full version’ screen at the time of the order, in euros and inclusive of all taxes. The seller may change its prices at any time; the applicable price is the one in force when the order is placed. …

4. Ordering and payment

Orders follow these steps: you request the full version from your account, you are given a reference, and you make payment quoting that reference. The order becomes binding only once payment has been received.

Access is activated as soon as payment is confirmed. Until payment has reached the seller, your request remains pending and no access is granted.

5. Delivery

Delivery is immediate and digital: access opens in your space as soon as payment is confirmed, with no dispatch or download. No delivery charges are payable.

6. Right of withdrawal

In principle, you have fourteen days in which to withdraw from a distance purchase. This right does not apply to digital content supplied immediately where, at the time of ordering, you have expressly requested its immediate performance and acknowledged that you thereby lose your right of withdrawal.

On the purchase screen, a tick box asks for this request and this acknowledgement; the order cannot be placed without it. Your choice is recorded, with its date, on the order. Since access is opened as soon as payment is made, the content is then fully performed and the right of withdrawal can no longer be exercised.

If you would rather keep this right, do not tick the box: write to the seller, who will postpone opening access until the fourteen-day period has expired.

7. Refunds

You are entitled to a refund if the access you paid for is not supplied to you, or if a lack of conformity cannot be remedied (Article 8). Requests are made by email to the contact address, quoting the order reference; the refund is made no later than fourteen days after its principle has been agreed, using the means of payment you used, at no cost to you.

A refund entails the withdrawal of access to the full version.

8. Statutory guarantee

The digital content is covered by the statutory guarantee of conformity (garantie légale de conformité) provided for by the French Consumer Code (Code de la consommation). In the event of a lack of conformity, you may request that it be brought into conformity and, if that is impossible, a price reduction or termination (résolution) of the contract.

9. Availability and interruption

The service may be interrupted for maintenance or for reasons beyond the seller's control. A brief interruption does not give rise to any compensation. Should the service be permanently discontinued, you would be informed in advance, and the unused part of your access would be refunded, pro rata to the time remaining.

10. Evidence and record-keeping

The seller keeps a record of each order: date, reference, plan, amount, payment confirmation, and your request for immediate performance. These records may serve as evidence of the order; you may request a copy of them at any time, and prove the contrary by any means.

11. Complaints and mediation

Any complaint must first be made by email to the contact address. If no solution is found within a reasonable time, you may refer the matter, free of charge, to the consumer mediator the seller belongs to: …

12. Governing law

These terms are governed by French law. In the event of a dispute, and after an attempt at amicable resolution, you may bring proceedings, at your choice, before the court of the place where you lived when the order was placed or when the harmful event occurred, or before any other court with jurisdiction under the law. If you live in another Member State of the European Union, you may bring proceedings before the courts of your country of residence, and you retain the benefit of the more protective mandatory provisions of its law.

Personal data

Our principle is simple: only what is strictly necessary for the game to work, nothing for advertising, nothing sold on.

Who processes the data

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What is collected

• Account: email address, password (never stored in plain text: only an irreversible hash is kept), recovery key (also kept as a hash), date of registration.
• Game: settings, game history, statistics, custom dares, favourites, Memories (the log of dares done), long-distance challenges, all linked to the couple space. Your consents (No limits level; photos, videos and voice notes) are kept in your account.
• Desires and limits: your answers on the ‘Desires’ screen (and the Swipe & Bed answers added to it). They concern your sex life: they are recorded only with your explicit consent, asked for before your first answer.
• Orders: reference, plan, amount, dates of the request and of payment, and your request for immediate performance (terms of sale, Article 6).
• Notifications: if you turn them on for a phone, the subscription address that phone provides, until you turn them off or delete your account.
• Messages you send us from "Send feedback": their text, their type (bug, idea, other), their date and your account, so we can reply and improve the game. Kept for 12 months, deleted with your account, included in your data export.
• "This week's challenge", if you play it: your couple's score each week, its time and the question where the game stopped, the team name you chose and each of your agreements for it to appear in the ranking (other couples only see the name, rank and score of the top ten). Results kept for 12 months (after that, only your best rank remains, for the badges). Your agreement is deleted with your account; the results and the team name, once neither of you has an account. Included in your data export.
• Where your visit came from: if you arrive through a link from one of our posts (social network, campaign), the name of that network and post is kept in your browser, then attached to your account if you sign up, so we can count what each post brings us. Nothing else is tracked, here or on other sites. In the browser: deleted as soon as you sign up, and after 13 months at the latest. On the account: deleted with it, included in your data export.
• Technical: a log of service errors (without IP addresses). Your IP address is only held in memory, for a few minutes, to limit abuse (login attempts, bursts of creations); it is not recorded.

No data is used for advertising purposes. No advertising tracker is placed on your device.

Why, and on what legal basis

• Providing the service and the account: performance of the contract.
• Desires and limits: your explicit consent, which you can withdraw at any time from the ‘Desires’ screen; withdrawing it deletes your answers.
• Security, prevention of abuse, error log: legitimate interest.
• Keeping the accounting records of orders: legal obligation.

For how long

• Account and game data: until the account is deleted, then permanently erased.
• Inactive accounts: deleted after 2 years without signing in.
• Accounting records of orders (invoices, proof of payment): ten years, as required by law, including after the account is deleted.
• Error log: the latest 200 errors, the oldest deleted as new ones arrive.
• Backups: the latest 14 (one a day), the oldest deleted as new ones arrive.

Who has access

A couple's data is accessible only to the two linked accounts. The service's administration interface gives access neither to custom dares, nor to Memories, nor to the desires lists, nor to IOUs: it displays only counters, the accounts' email addresses and the service settings.

Only exception: the custom dares you choose to suggest to the team ("Suggest this dare to the team" box); the team reads them without knowing which couple they come from and may add them to the game for everyone. Unticking the box or deleting the dare removes it from the suggestions; a dare already added to the game stays in it.

The providers involved in running the service, and only they:

• the hosting provider named in the legal notice, which stores the data;
• Cloudflare, which routes and protects traffic between your phone and the server (it sees your IP address and the encrypted exchanges). Cloudflare, Inc. is a US company: any transfer outside the European Union is covered by the safeguards provided for by the GDPR (the EU–US Data Privacy Framework or standard contractual clauses);
• your phone's notification service (Apple, Google, Mozilla or Microsoft), if you turn on notifications on that phone: it delivers each notification, encrypted for your phone alone, without being able to read it;
• the seller's bank, which receives your payment and any information you attach to it.

Your rights

You have the rights of access, rectification, erasure, restriction of processing, objection and data portability. Two of them are built directly into the service: ‘Export my data’ and ‘Delete my account’, on the Account screen. For the others, write to the contact address; you will receive a reply within the statutory period of one month. You may also lodge a complaint with the CNIL (Commission nationale de l'informatique et des libertés), the French data protection authority.

Consent and safety

This game offers dares ranging from tender to very explicit. Nothing in it is compulsory.

Consent, always

• Any dare can be refused: with a joker, by changing the dare, or simply by saying no.
• The level only goes up if both participants agree.
• The most explicit level stays locked until both of you have switched it on, and either of you can switch it off at any time, even in the middle of a game.
• When playing long-distance, dares that ask you to send a photo, a video or a voice note stay locked until both of you have accepted them, and either of you can withdraw at any time, even in the middle of a game.
• Practices marked ‘never’ on the ‘Desires’ screen are permanently excluded from the draw.
• Agree on a safeword before you start. When it is said, everything stops, with no discussion.

Higher-risk practices

• Plenty of lubricant, short nails and a slow build-up for any penetrative practice.
• Appropriate hygiene and protection; clean equipment that is compatible with the lubricant used.
• Ties and restraints: never around the neck, never leave anyone on their own, keep something to cut them with within reach.
• Heat and wax: only products designed for use on skin, tested beforehand.
• Alcohol and other substances reduce the ability to consent and to stop.
• The game deliberately excludes choking and breath play, which are dangerous even between consenting adults.

Images, videos and voice notes

Some challenges, and the dares when you play long-distance, suggest sending photos, videos or voice notes. They go through your own apps and stay between the two of you: the service does not send them, does not host them and never has access to them. The same goes for the video call, made in the app of your choice. Never send anything you wouldn't want to see shared. Distributing an intimate image of a person without their consent is a criminal offence.

Contact

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Report a problem

For any question, request relating to your data, report about content or technical difficulty, write to the address above, stating the email address of your account. Requests relating to personal data are answered within one month at most.

Protection of minors

This service is prohibited to minors. If you become aware that a minor has access to it, report it immediately to the contact address. Parental control tools are available and are offered free of charge by the main internet service providers.