brushbrawl
Last Updated: June 4, 2026
These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "User") and Digital Charms, Inc. ("Digital Charms," "we," "us," or "our"), a corporation incorporated under the laws of the Province of Ontario, Canada.
These Terms govern your access to and use of the brushbrawl mobile application, together with all related features, content, virtual items, and services we make available (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not download, install, access, or use the Service.
Sections 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), and 21 (Governing Law and Dispute Resolution) contain important limitations and obligations. If you are a United States resident, Section 21.6 contains a binding individual-arbitration agreement and a class-action waiver that affect how disputes between you and us are resolved, and that limit your right to bring or participate in class or representative proceedings. Please read Section 21.6 carefully — you may opt out within 30 days. Nothing in these Terms limits any rights you have under mandatory consumer-protection law that cannot lawfully be waived (see Section 23).
2.1 Minimum age. The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are 13 or older. If you are under 13, you may not use the Service, and you must not provide any information to us.
2.2 Minors. If you are 13 or older but have not reached the age of majority in your jurisdiction (18 in Ontario; the age may differ elsewhere), you may use the Service only with the involvement and consent of a parent or legal guardian. You represent that your parent or guardian has reviewed and agreed to these Terms on your behalf. A parent or guardian who permits a minor to use the Service agrees to be bound by these Terms and is responsible for the minor's activity, including any purchases.
2.3 Capacity. By accepting these Terms, you represent that you have the legal capacity to enter into a binding agreement, or that a parent or guardian with such capacity has done so on your behalf.
2.4 Compliance. You represent that you are not barred from using the Service under the laws of Canada, your country of residence, or any other applicable jurisdiction.
3.1 Sign-in. Accounts are created and authenticated through third-party services — Apple Game Center, Sign in with Apple, Google Play Games, and/or Sign in with Google. Your use of those services is governed by the applicable Platform Provider's terms, not by us.
3.2 Your responsibility. You are responsible for maintaining the confidentiality and security of your account and the device(s) you use, and for all activity that occurs under your account. Notify us promptly at support@digitalcharms.com of any unauthorized use.
3.3 Accurate information. You agree to provide accurate information where requested and to keep it current.
3.4 One person, one account. You may not maintain multiple accounts to abuse the Service, evade a suspension or ban, or exploit Pearls, promotions, or Premium Features. We may reclaim or change usernames that are inactive, infringing, offensive, or that impersonate others.
3.5 No control over auth providers. We are not responsible for the availability, accuracy, or security of any third-party authentication service, or for any loss arising from it.
4.1 Grant. Subject to your compliance with these Terms, Digital Charms grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the Service on a device that you own or control, solely for your personal, non-commercial entertainment, and subject to the Usage Rules of the applicable Platform.
4.2 Restrictions. Except to the extent applicable law (or the applicable Platform's terms) expressly permits otherwise, you must not, and must not allow any third party to:
4.3 Reservation. All rights not expressly granted are reserved by Digital Charms and its licensors. The Service is licensed, not sold.
5.1 The Service, including all software, code, designs, graphics, user interfaces, artwork templates, brushes, sounds, the "brushbrawl" name and logo, and all other materials we provide (excluding User Content), is owned by Digital Charms or its licensors and is protected by copyright, trademark, and other intellectual property laws of Canada and other countries.
5.2 "brushbrawl," "Digital Charms," and associated logos are trademarks of Digital Charms, Inc. You may not use them without our prior written permission.
6.1 You own your artwork. As between you and Digital Charms, you retain all ownership rights you hold in your User Content.
6.2 License you grant to us. When you choose to publish or pin artwork to the Public Gallery, you grant Digital Charms a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, reproduce, adapt (for formatting, display, and technical purposes), publish, publicly display and perform, and distribute that artwork, in any media now known or later developed, for the purposes of:
This license lasts only for as long as your published artwork remains on the Service, except that (i) we may retain and continue to use copies already incorporated into marketing materials created before removal, and (ii) backup copies may persist for a commercially reasonable period.
6.3 Artwork only. The Public Gallery is designed to display artwork without free-text captions, descriptions, or comments. You must not attempt to embed personal information, contact details, advertising, or text-based messages within artwork.
6.4 Your representations. You represent and warrant that, for any User Content you publish: (a) you own it or have all rights necessary to grant the license in Section 6.2; (b) it does not infringe or violate the rights of any third party; and (c) it complies with these Terms and applicable law.
6.5 Moral rights. To the fullest extent permitted by applicable law, and solely for the purposes described in Section 6.2, you waive (and agree not to assert) any moral rights you may have in published User Content, including rights of attribution and integrity. Where a waiver is not permitted, you consent to the uses described in Section 6.2.
6.6 No obligation to use or store. We are not obligated to publish, display, retain, or back up any User Content, and we may remove it under Section 9.
If you send us ideas, suggestions, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you. Feedback is not confidential.
You agree not to use the Service to create, publish, transmit, or facilitate any Content or conduct that:
The private "party" feature is intended to be used only with people you know and trust by sharing a join code directly. You are responsible for the codes you share and the people you invite.
9.1 We may, but are not obligated to, monitor, review, screen, or moderate Content. We reserve the right, at our sole discretion, to remove, disable, or restrict access to any Content that we believe violates these Terms or applicable law, or that is otherwise objectionable, at any time and without prior notice.
9.2 We may provide tools to report or block Content or other Users. We may take action on reports as we consider appropriate, but we do not guarantee any particular outcome or response time.
10.1 We respect intellectual property rights and respond to notices of alleged infringement.
10.2 If you believe Content on the Service infringes your copyright, send a written notice to support@digitalcharms.com including: (a) your contact information; (b) identification of the copyrighted work; (c) identification of the allegedly infringing Content and its location in the Service; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf; and (f) your physical or electronic signature.
10.3 We will process notices consistent with applicable law, including the U.S. Digital Millennium Copyright Act (DMCA) and Canada's notice-and-notice regime, and may remove allegedly infringing Content and terminate repeat infringers' accounts.
11.1 What Pearls are. Pearls are a limited, personal, revocable license to access certain features or virtual items within the Service. Pearls are not your property, not money, and not a substitute for money.
11.2 No real-world value. Pearls and Premium Features have no monetary value, are not redeemable for cash or any thing of value outside the Service, and cannot be exchanged for legal tender, goods, or services except as expressly offered within the Service.
11.3 Transfers and gifting.
11.4 Our control. We may, at our sole discretion and to the extent permitted by law, create, manage, regulate, modify, price, re-price, limit, or discontinue Pearls and Premium Features, including changing the features they unlock or the amounts granted, at any time. Prices and offerings may vary by region, time, and Platform.
11.5 No accrual / not a deposit. Purchasing Pearls does not create a credit balance, deposit, or account with us. We owe you no interest and have no fiduciary duty in respect of Pearls.
11.6 Expiration and forfeiture. To the extent permitted by applicable law:
We will not expire or forfeit Pearls that you purchased for money to the extent applicable law prohibits such expiration.
11.7 Premium Features. Premium Features are one-time, non-consumable unlocks licensed to your account. They are subject to the same restrictions as Pearls and may be discontinued; where a Premium Feature you purchased is permanently discontinued, your remedy (if any) is limited to that available under Section 12 and applicable consumer law.
11.8 No subscriptions. The Service currently offers only consumable Pearls and one-time Premium Features. We do not currently offer auto-renewing subscriptions. If we introduce subscriptions in the future, additional terms and disclosures will apply.
12.1 Processed by the Platform. All purchases of Pearls and Premium Features are processed by the applicable Platform Provider (Apple or Google), not by Digital Charms. Your purchase is also subject to the Platform Provider's terms and payment policies.
12.2 Authorization. You are responsible for all charges incurred under your account and the Platform account used. If you are a minor, you confirm that a parent or guardian has authorized the purchase. We strongly encourage enabling Platform parental controls (such as Apple's "Ask to Buy").
12.3 Refunds. Because purchases are processed by the Platform Provider, refund requests are handled by Apple or Google in accordance with their refund policies. To the maximum extent permitted by applicable law, all purchases are final and non-refundable once delivered. This Section does not limit any non-excludable refund or remedy you are entitled to under mandatory consumer-protection law (see Section 23). Where you are entitled to a statutory right to cancel a purchase of digital content, you acknowledge that, by purchasing and accessing Pearls or Premium Features immediately, you may lose that right where the law so permits.
12.4 Taxes. Prices may include or exclude applicable taxes depending on your region and the Platform's handling of tax.
The Service integrates or relies on third-party services (including Apple Game Center, Google Play Games, sign-in providers, analytics, and advertising or infrastructure providers). We are not responsible for third-party services, their content, or their practices, and your use of them may be governed by separate terms and privacy policies. Inclusion of a third-party service does not imply endorsement.
Your use of the Service is subject to our Privacy Policy, which explains what limited information we collect and how we use it. The Service is designed to minimize data collection and is not directed to children under 13. Please review the Privacy Policy carefully.
15.1 AS IS. To the maximum extent permitted by applicable law, the Service, Pearls, Premium Features, and all Content are provided "AS IS" and "AS AVAILABLE," with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement.
15.2 We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or harmful components; that defects will be corrected; that Content (including yours) will be preserved or available; or that the Service will meet your requirements.
15.3 You use the Service at your own risk. You are responsible for backing up any data you wish to keep.
15.4 User interactions and conduct. The Service includes social and multiplayer features (including the Public Gallery, the private "party" feature, friend connections, and any in-app communication). You are solely responsible for your interactions with other Users. We do not control, endorse, or assume responsibility for the conduct, content, communications, identity, intentions, or veracity of any User, and we do not screen or verify Users. We have no obligation to monitor, become involved in, mediate, or resolve any dispute between you and any other User, although we may do so at our sole discretion. Any artwork, join codes, or other content you share with or receive from other Users is exchanged at your own risk.
15.5 Assumption of risk. To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risks arising from your access to and use of the Service and your interactions with other Users and third parties, including any risk of exposure to content or conduct that is offensive, harmful, inaccurate, inappropriate, or otherwise objectionable. You acknowledge that we operate an online platform and are not responsible for verifying the age, identity, statements, or conduct of any User.
15.6 Consumer-law carve-out. Some jurisdictions do not allow the exclusion of certain warranties or guarantees. To that extent, the exclusions in this Section may not apply to you, and nothing in this Section affects any non-excludable statutory guarantee, warranty, or right (see Section 23).
16.1 Exclusion of certain damages. To the maximum extent permitted by applicable law, in no event will Digital Charms or its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, virtual items or Pearls, or damage to any device or software, arising out of or related to the Service, even if advised of the possibility of such damages and regardless of the theory of liability.
16.2 Cap on liability. To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the total amount you paid to the Platform for the Service in the twelve (12) months before the event giving rise to the claim, or (b) CAD $100.
16.3 Carve-out. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or under any non-excludable consumer-protection law (see Section 23).
16.4 Allocation of risk. You acknowledge that the disclaimers and limitations in Sections 15 and 16 are a fundamental basis of the bargain and reflect a reasonable allocation of risk.
16.5 Release. To the maximum extent permitted by applicable law, if you have a dispute with one or more other Users, or with any third party, arising out of or relating to the Service (including the Public Gallery, the party feature, gifting, or any User content or conduct), you release Digital Charms and its officers, directors, employees, agents, and licensors from any and all claims, demands, damages, losses, and liabilities of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. This release does not apply to any claim arising from our own breach, fraud, gross negligence, or willful misconduct, or to any right or remedy that cannot lawfully be released under applicable consumer-protection law (see Section 23).
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Digital Charms and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use or misuse of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. This Section does not apply to the extent a claim arises from our own breach or to the extent indemnification is restricted by applicable consumer law. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate. If you are a parent or guardian who has consented to a minor's use of the Service under Section 2, you agree that this Section 17 applies to you with respect to that minor's User Content, use or misuse of the Service, purchases, and conduct.
We may modify, suspend, or discontinue all or part of the Service (including any feature, the Public Gallery, the party feature, Pearls, or Premium Features), temporarily or permanently, at any time, with or without notice. To the maximum extent permitted by applicable law, we will not be liable to you for any modification, suspension, or discontinuation, subject to your rights under Sections 11 and 23.
19.1 By you. You may stop using the Service at any time and may delete your account through the available controls or by contacting support@digitalcharms.com.
19.2 By us. We may suspend, restrict, or terminate your access to the Service or your account, in whole or in part, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse (including abuse of the Pearls economy or purchases), created risk or legal exposure for us or other Users, or if required by law. For serious violations (including those in Section 8(b)), we may act immediately and without notice.
19.3 Effect of termination. Upon termination or suspension: (a) your license to use the Service ends; (b) you may lose access to your account, User Content, Pearls, and Premium Features; and (c) except as required by applicable law, Pearls and Premium Features are forfeited without refund where termination results from your breach.
19.4 Survival. Sections 5, 6.2, 7, 10, 11.2–11.3, 15, 16, 17, 19.3–19.4, 20, 21, 22, 23, and 24 survive termination.
20.1 We may update these Terms from time to time. When we do, we will update the "Last Updated" date and, for material changes, provide reasonable notice (such as an in-app notice) before they take effect.
20.2 Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. For material changes that adversely affect you, where required by law, we will seek your affirmative consent or give you the ability to stop using the Service. If you do not agree to revised Terms, you must stop using the Service.
21.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules.
21.2 Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@digitalcharms.com and attempt in good faith to resolve the dispute informally. Many disputes can be resolved this way.
21.3 Courts. Subject to Section 21.4, you and Digital Charms agree to the jurisdiction of the courts located in Toronto, Ontario, Canada for any dispute not resolved informally.
21.4 Consumer rights preserved. If you use the Service as a consumer, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country or province of residence, including any right you have to bring or defend proceedings in your local courts or before a competent authority. We do not require you to waive class proceedings or to submit to binding arbitration where the law of your jurisdiction prohibits such waivers (including, in Ontario, under the Consumer Protection Act, 2002).
21.5 Time limit. To the extent permitted by applicable law, any claim must be brought within one (1) year after it arises.
21.6 Additional terms for United States residents (arbitration and class-action waiver). If you are a resident of the United States, the following additional terms apply to you, except to the extent prohibited by applicable law. These terms do not apply to residents of jurisdictions whose law prohibits such waivers (see Section 21.4).
These provisions apply to the extent you obtained the Service through the Apple App Store or Google Play and, in case of conflict with the rest of these Terms, control with respect to that subject matter.
22.1 Acknowledgement. These Terms are between you and Digital Charms only, and not with Apple or Google. Digital Charms — not the Platform Provider — is solely responsible for the Service and its content.
22.2 Scope of license. The license granted in Section 4 is limited to a non-transferable license to use the Service on any Apple- or Google-branded or compatible device that you own or control, as permitted by the applicable Platform's Usage Rules, except that the Service may be accessed by other accounts associated with you via family sharing or volume purchasing where applicable.
22.3 Maintenance and support. Digital Charms is solely responsible for providing any maintenance and support for the Service. The Platform Provider has no obligation to furnish any maintenance or support.
22.4 Warranty. Digital Charms is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Service fails to conform to any applicable warranty, you may notify Apple, and (for Apple) Apple may refund the purchase price (if any) of the app; to the maximum extent permitted by law, Apple will have no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the sole responsibility of Digital Charms.
22.5 Product claims. Digital Charms, not the Platform Provider, is responsible for addressing any claims by you or any third party relating to the Service or your use of it, including: (a) product liability claims; (b) any claim that the Service fails to conform to any legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation.
22.6 Intellectual property claims. In the event of any third-party claim that the Service or your use of it infringes that third party's intellectual property rights, Digital Charms, not the Platform Provider, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
22.7 Legal compliance / export. You represent and warrant that (a) you are not located in a country subject to a Canadian, U.S., or other applicable government embargo or designated as a "terrorist supporting" country, and (b) you are not on any government list of prohibited or restricted parties.
22.8 Third-party beneficiary. You acknowledge that Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance, the applicable Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
22.9 Third-party terms. You must comply with any applicable third-party terms (for example, your wireless data plan) when using the Service.
22.10 Developer contact. For questions, complaints, or claims regarding the Service, contact Digital Charms at support@digitalcharms.com.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, warranty, or remedy that you may have under applicable law and that cannot lawfully be excluded or limited — including, where applicable, rights under Ontario's Consumer Protection Act, 2002, other Canadian consumer-protection laws, the EU Consumer Rights Directive and related laws, the UK Consumer Rights Act, and the Australian Consumer Law. Where any provision of these Terms conflicts with such a non-excludable right, that provision applies only to the extent permitted by law, and the rest of these Terms remains in effect.
24.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented in the Service, are the entire agreement between you and Digital Charms regarding the Service and supersede any prior agreements.
24.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in effect.
24.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
24.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
24.5 Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
24.6 No agency. No partnership, joint venture, employment, or agency relationship is created by these Terms.
24.7 Notices. We may provide notices to you through the Service or via the contact associated with your Platform account. You may contact us at support@digitalcharms.com.
24.8 Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version controls to the extent permitted by applicable law.
24.9 Headings. Headings are for convenience only and do not affect interpretation.
Digital Charms, Inc.
1070-2482 Yonge St Toronto, ON, M4P 2H5 Canada
Email: support@digitalcharms.com