Terms of Use

Effective Date: 11/20/2025
Website: brainstoy.com
Brand: BRAINSTOY LLC

Address: 82 WENDELL AVE. STE 100, PITTSFIELD, MA 01201 USA

(Please do not send packages or returns to our mailing address. All returns must be authorized via our Contact Form. Returns sent to our mailing address without prior authorization will not be processed or refunded. Please check our Refund Policy).

1. Acceptance of Terms

By accessing or using this website (the “Site”), you acknowledge that these Terms of Use (“Terms”), along with our Privacy Policy, Cookies Policy, Disclaimer, Refund Policy, and Shipping Policy, constitute the entire agreement between you and BRAINSTOY LLC concerning your use of the Site. If you do not agree with these Terms, please do not use the Site.

We may update these Terms from time to time. Any changes will be posted on this page with a new “Effective Date.” Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

This Site operates in catalogue mode. No orders or payments are processed on brainstoy.com. Purchases are completed only through our Square Online Store or our eBay store. This Site does not process orders or payments directly. All checkout, payment processing, and customer account creation occur solely on Square or eBay, each governed by their own terms and privacy policies.

BRAINSTOY LLC does not offer checkout or purchasing through Facebook, Instagram, or any other social media platforms. Any references to those platforms on this Site relate only to social media buttons or content viewing, not purchasing.

If there is a conflict between these Terms and any other policy on this Site, these Terms govern your use of the Site, while the Privacy Policy governs our collection and use of personal information.

2. Use of the Site

You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use of the Site. You must be at least 13 years old to use this Site. You represent that you are at least the age of majority in your state of residence, or that you have provided consent for any minor dependents to use this Site under your supervision.

You may not:

  • Copy, reproduce, or redistribute content from the Site without prior written permission.
  • Attempt to interfere with the proper functioning of the Site.
  • Use the Site in any way that may damage our reputation or brand.
  • By subscribing to our mailing list, you agree that we may send you emails about new products, special offers, and updates. You may opt out at any time by clicking the unsubscribe link in those emails.
  • We use Sender.net to manage email subscriptions and deliver newsletters. By subscribing, you agree that your information will be processed by Sender.net in accordance with its privacy policy.
  • Because this Site operates in catalogue mode, you cannot create an account, place items in a cart, or complete purchases on brainstoy.com. Those actions may only be performed on our Square Online Store once you leave this Site.

Pages on this Site may include embedded YouTube videos or social media buttons. Your use of these features is additionally subject to the terms and privacy policies of the respective third-party platforms.

Because brainstoy.com operates exclusively as a catalogue, no purchases, carts, or account registrations occur on this Site. All such actions must be completed on Square or eBay.

 3. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, product names, and images, is the property of BRAINSTOY LLC unless otherwise stated. All rights not expressly granted in these Terms are reserved by BRAINSTOY LLC.

You may not copy, reproduce, distribute, or create derivative works from our content without prior written permission.

Trademarks, logos, and brand names of other companies appearing on the Site (such as social media platforms) remain the property of their respective owners.

You may view and print pages from the Site for personal, non-commercial use only.

Unauthorized use of our content may violate copyright, trademark, or other applicable laws and could result in legal action.

Use of embedded YouTube videos and third-party tools on this Site does not grant you any rights in those third-party materials.

4. External Links and Third-Party Services

This Site may contain links to external websites for your convenience, including links to our Square Online Store, review platforms (such as Trustpilot or similar services), product listings on Google Merchant, social media platforms, and other resources.

When you click a product link from our catalogue, you are redirected to our Square Online Store, where checkout, payment processing, and any customer account creation are handled securely by Square, Inc. We do not control Square’s systems, policies, or data practices.

This Site may also include share or follow buttons for social media platforms (such as Facebook, Instagram, TikTok, YouTube, or X). These features are subject to the respective platform’s terms and privacy policies.

We are not responsible for the content, accuracy, data collection, or privacy/security practices of any external websites or services. Your interactions with third-party websites or platforms are governed solely by their respective terms of service.

Our products may also be available on other online marketplaces. Purchases made through those platforms are governed by their own terms and not by the terms of this Site.

We are not responsible for any loss, damage, or issues arising from your use of third-party websites or resources linked from this Site.

We may also link directly to our eBay store, where our products are listed. Purchases made through eBay are governed solely by eBay’s terms of service, privacy notice, and seller policies.

5. Sales Through External Platforms

All products featured on this Site are sold through our official Square Online Store or our eBay store. This Site does not host a cart, checkout, or payment system.

Shipping labels and tracking notifications may be generated through third-party services such as Pirate Ship or Shippo.

Payments are processed securely by Square, eBay, or their approved payment partners. BRAINSTOY LLC does not access or store your full payment card details.

BRAINSTOY LLC is responsible for fulfilling orders, packaging, shipping, and handling returns in accordance with our Shipping Policy and Refund Policy. Shipping rates and applicable taxes (such as Massachusetts sales tax) are displayed at checkout on the Square Online Store.

Square controls payment processing and account creation, while BRAINSTOY LLC manages order fulfillment and customer support.

Our products may also be listed or linked on third-party platforms (such as Google Merchant or review websites). Purchases made through those platforms are subject to their own terms of service.

These Terms of Use work together with our Privacy Policy, Cookies Policy, Shipping Policy and Refund Policy which are incorporated by reference.

Any purchases made through third-party platforms are subject to the respective platform’s terms of service, which may differ from these Terms. We are not responsible for errors or issues arising from those platforms.

Certain order-related emails (such as review requests or follow-up messages) may be sent via Sender.net and may be triggered by integrations through Make. These communications are governed by our Privacy Policy.

6. Children’s Products

Our products may be designed for children ages 8 and above.

  • Parents and guardians are responsible for determining suitability for their child.
  • Products should be used responsibly and, when appropriate, under adult supervision.
  • We are not responsible for misuse of products or for use by children younger than the recommended age.
  • We comply with applicable requirements of the Consumer Product Safety Improvement Act (CPSIA), including product labeling and age grading standards. Products promoted on this Site may be intended for use by children ages 8 and up and should be used under adult supervision when appropriate.

Product age recommendations do not modify or replace adult responsibility for determining suitability for children.

7. Disclaimer of Warranties

The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied.

We do not guarantee that the Site will always be available, error-free, or secure, or that it will be free from viruses or other harmful components. Use of the Site is at your own risk.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation of the Site.

8. Limitation of Liability

To the fullest extent permitted by law:

  • BRAINSTOY LLC, its owners, and employees, shall not be liable for any damages arising from your use of the Site or reliance on its content.
  • This includes, without limitation, damages related to loss of data, profits, or personal injury.
  • In no event shall BRAINSTOY LLC, its partners, affiliates, officers, employees, or licensors be liable for any indirect, incidental, special, or consequential damages arising out of your use of this Site, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount, if any, you paid directly to us for a product giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless BRAINSTOY LLC, its owners, and employees from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Site or violation of these Terms.

You agree to indemnify and hold harmless BRAINSTOY LLC, its affiliates, and service providers from any third-party claim arising from your violation of these Terms or your misuse of the Site.

10. Termination

We reserve the right to restrict, suspend, or terminate access to the Site at our discretion, without notice, if we believe you have violated these Terms.

Upon termination, all provisions that by their nature should survive will continue to apply, including those relating to intellectual property, warranties, limitations of liability, and indemnification.

11. Governing Law

These terms are governed by and interpreted in accordance with the laws of the United States and the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

Any disputes arising from or related to these terms or their use of our website shall be subject to the exclusive jurisdiction of the courts located in Massachusetts, USA.

12. Changes to these Terms

We may update these terms from time to time to reflect changes in our practices, our business operations, or applicable laws and regulations.

Any updates will be posted on this page with a new “Effective Date.”

If the changes are significant, we may also provide an additional notice (for example, a website banner or email notification) so you can review the updates before they take effect.

Your continued use of the website after any changes have been posted will signify your acceptance of the revised terms.

Material updates will also be reflected on our website under the same effective date. Your continued use of the Site after such changes constitutes acceptance of the revised Terms.

13. Contact Us

If you have any questions or concerns about these terms, please contact us through our Contact Form and a member of our team will respond as soon as possible. We typically respond within 1–2 business days.

14. Accessibility

If you have any accessibility issues viewing or understanding these terms, please contact us through our Contact Form and a member of our team will respond as soon as possible.