Terms of service
TERMS OF SERVICE
Last Updated: October 1, 2026
1. ABOUT THESE TERMS
These Terms of Service (“Terms”) govern your use of the DarkBrain website and online shop operated under the DarkBrain brand (“DarkBrain”, “we”, “our” or “us”).
By accessing or using the DarkBrain website or Shop, you agree to these Terms.
If you do not agree with these Terms, please do not use the website or Shop.
These Terms apply to your use of the DarkBrain website itself. Purchases of physical products through the Shop are additionally subject to the applicable Fourthwall terms and consumer protection rules described below.
2. WHO OPERATES DARKBRAIN?
DarkBrain is operated by:
Kyle Mikolajczak
For general questions regarding DarkBrain or these Terms, you may contact:
contact@support.shop.thedarkbrain.com
The DarkBrain Shop is operated using the Fourthwall platform.
3. FOURTHWALL AS MERCHANT OF RECORD
Products offered through the DarkBrain Shop are sold and fulfilled through Fourthwall.
Fourthwall acts as the Merchant of Record for purchases made through the DarkBrain Shop.
This means that Fourthwall is responsible for the applicable product transaction, payment processing, order processing, production, fulfilment, shipping, returns and refunds.
The purchase contract for products sold through the Shop is therefore generally between you and Fourthwall, subject to the applicable Fourthwall terms and mandatory consumer rights.
DarkBrain provides the brand, designs, product concepts and content associated with the Shop, but does not independently act as the seller of the physical products sold through Fourthwall.
Nothing in these Terms is intended to remove, restrict or override any consumer rights that apply to your purchase under applicable law.
4. USING THE WEBSITE
You may use the DarkBrain website for lawful purposes and in accordance with these Terms.
You agree not to:
• use the website for unlawful purposes;
• attempt to gain unauthorized access to the website, its systems or accounts;
• interfere with the security, functionality or operation of the website;
• copy, reproduce, distribute or commercially exploit DarkBrain content without permission;
• use automated systems to access or collect content from the website in a manner that could interfere with its operation;
• impersonate DarkBrain or another person or organization; or
• use the website in a way that violates applicable laws or the rights of others.
5. SHOP PRODUCTS
DarkBrain may offer physical products including clothing, accessories, stickers and other branded merchandise.
Product descriptions, photographs, colours, sizes and other product information are provided to help you understand the products before ordering.
We make reasonable efforts to present product information accurately.
However, colours may appear differently depending on your screen, device or display settings.
Product availability may change at any time.
We reserve the right to discontinue products or change product designs, descriptions or pricing before an order is placed.
Nothing in this section limits any mandatory consumer rights that apply after a purchase.
6. PRICES AND PAYMENT
Prices displayed in the Shop are the prices applicable to the relevant product at the time of purchase.
The applicable currency and any taxes, shipping charges or other applicable costs will be shown during the checkout process where required.
Payments for products are processed by Fourthwall and its payment-processing partners.
By placing an order, you authorize the applicable payment provider to process the payment for your purchase.
DarkBrain does not directly store or process your full payment-card information.
Fourthwall may offer payment methods including credit or debit cards, PayPal, Apple Pay, Google Pay and other payment methods depending on your location and eligibility.
7. ORDERS
When you place an order through the DarkBrain Shop, you will receive an order confirmation.
An order confirmation confirms that your order has been received.
The product transaction remains subject to the applicable Fourthwall terms and order-processing requirements.
Fourthwall may decline, cancel or limit an order where permitted by applicable law, including in circumstances involving suspected fraud, payment problems, technical errors, product availability issues or other legitimate reasons.
If an order is cancelled after payment has been taken, any applicable refund will be handled through the relevant Fourthwall process.
8. MADE-TO-ORDER PRODUCTS
Many products available through the DarkBrain Shop may be produced on demand after an order is placed.
Made-to-order production helps reduce unnecessary inventory and allows products to be produced specifically when ordered.
However, the fact that a product is produced on demand does not by itself remove statutory consumer rights.
Where applicable law provides a statutory right of withdrawal, that right remains unaffected.
Certain genuinely personalised or individually customised products may be excluded from statutory withdrawal rights where the applicable legal exception applies.
9. CANCELLATIONS, RETURNS AND REFUNDS
Cancellations, returns, refunds and statutory withdrawal rights are handled in accordance with the applicable Fourthwall policies and mandatory consumer protection laws.
Nothing in these Terms is intended to restrict:
• statutory cancellation rights;
• statutory withdrawal rights;
• statutory rights relating to defective or non-conforming products;
• applicable warranty rights; or
• any other mandatory consumer protection rights.
Please refer to the DarkBrain Returns & FAQ page for practical information about cancellations, returns, refunds and product issues.
Where Fourthwall provides an order-management or return process, that process should be used for the relevant order.
10. PRODUCT DEFECTS AND INCORRECT ORDERS
If a product arrives damaged, defective, incorrectly produced or materially different from what was ordered, please contact Fourthwall using the support or order-management process provided with your order.
Please include your Order ID and, where appropriate, clear photographs of the product and the relevant issue.
Fourthwall will determine the appropriate resolution in accordance with its applicable policies and legal obligations.
Nothing in these Terms limits mandatory statutory rights relating to defective or non-conforming products.
11. SHIPPING AND DELIVERY
Shipping and delivery are handled through Fourthwall and its fulfilment and shipping partners.
Estimated delivery times may vary depending on the destination, product, production time, shipping method and other circumstances.
Delivery estimates are not guarantees unless expressly stated otherwise.
Once an order has been shipped, tracking information may be provided where available.
If an order appears to be lost, delayed or otherwise affected by a delivery issue, please contact Fourthwall using the support process associated with your order.
12. INTERNATIONAL ORDERS
Customers ordering from outside the country in which the product is fulfilled may be responsible for applicable customs duties, import taxes or other charges imposed by the destination country, unless otherwise stated at checkout or required by applicable law.
Customs rules vary between countries.
Customers are responsible for providing accurate shipping information and complying with applicable import requirements.
Nothing in this section limits any mandatory consumer rights.
13. INTELLECTUAL PROPERTY
The DarkBrain name, logo, visual identity, product designs, graphics, photographs, text, illustrations, concepts, website design and other original materials associated with DarkBrain are protected by applicable intellectual property laws.
Unless expressly permitted by DarkBrain or applicable law, you may not:
• reproduce DarkBrain content for commercial purposes;
• modify or redistribute DarkBrain designs;
• sell or sublicense DarkBrain artwork;
• use DarkBrain branding in a way that suggests an unauthorized affiliation; or
• create derivative commercial products using DarkBrain intellectual property.
Your use of the website does not transfer ownership of any DarkBrain intellectual property to you.
14. USER CONTENT
If the website allows you to submit comments, reviews, photographs, messages or other content, you remain responsible for the content you submit.
You represent that you have the necessary rights and permissions to submit such content.
You must not submit content that:
• infringes another person's intellectual property rights;
• violates applicable law;
• contains unlawful or abusive material;
• impersonates another person;
• contains malicious code or harmful material; or
• violates the rights or privacy of another person.
By submitting content for publication on the DarkBrain website, you grant DarkBrain a non-exclusive right to use, display and reproduce that content solely as reasonably necessary to operate, promote or improve the relevant DarkBrain service or feature, subject to applicable law.
15. DARKBRAIN CONTENT AND INFORMATION
DarkBrain provides educational and informational content relating to psychology, human behaviour, emotional regulation, personal development, self-direction and related subjects.
DarkBrain content is provided for general informational and educational purposes.
It is not intended to constitute medical, psychological, psychiatric, legal, financial or other professional advice.
DarkBrain does not provide diagnosis, treatment or emergency services through the Shop or website.
If you require professional advice or assistance, you should consult an appropriately qualified professional.
16. NO GUARANTEE OF RESULTS
DarkBrain does not guarantee any particular personal, emotional, psychological, financial or other outcome from using its content, products or services.
Individual experiences and results may vary.
Any examples, statements or experiences presented by DarkBrain are not guarantees of future results.
17. THIRD-PARTY SERVICES AND LINKS
The DarkBrain website may contain links to third-party websites, services or platforms, including Fourthwall and payment, shipping or social-media services.
Third-party services are operated independently from DarkBrain and may be subject to their own terms and privacy policies.
DarkBrain is not responsible for the content, availability, security or practices of third-party websites or services.
The inclusion of a link does not necessarily constitute an endorsement of the linked service.
18. WEBSITE AVAILABILITY
We aim to keep the DarkBrain website available and functioning properly.
However, we do not guarantee that the website will always be available, uninterrupted, secure or error-free.
The website may occasionally be unavailable because of maintenance, technical problems, updates, hosting issues, security measures or circumstances outside our reasonable control.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, DarkBrain shall not be liable for indirect, incidental, consequential or special losses arising from your use of the website.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
In particular, nothing in these Terms limits liability for:
• death or personal injury caused by negligence where such limitation is prohibited;
• intentional misconduct;
• gross negligence where liability cannot legally be excluded;
• fraudulent conduct;
• mandatory statutory consumer rights; or
• any other liability that cannot legally be excluded or limited.
20. INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your unlawful use of the website or your deliberate or negligent violation of these Terms or the rights of others.
This section does not apply to the extent that the relevant loss or claim was caused by DarkBrain's own unlawful conduct or where such an indemnification obligation would be prohibited by applicable law.
21. PRIVACY
Your use of the DarkBrain website may involve the processing of personal information.
Please review the DarkBrain Privacy Policy for information about how personal information is collected, used and handled.
For purchases made through the DarkBrain Shop, Fourthwall may separately process personal information in accordance with its own privacy policy and applicable law.
22. CHANGES TO THE WEBSITE OR THESE TERMS
DarkBrain may update the website, products, features or content from time to time.
We may also update these Terms where reasonably necessary, including to reflect changes to the website, legal requirements, products or services.
The current version will be identified by the “Last Updated” date shown at the beginning of these Terms.
If a change materially affects your rights in relation to an existing contractual relationship, applicable mandatory legal requirements will apply.
23. TERMINATION OR RESTRICTION OF ACCESS
We may restrict or suspend access to parts of the website where reasonably necessary for security, maintenance, legal compliance or to prevent misuse.
Nothing in this section affects rights that you have under applicable consumer protection law or other mandatory law.
24. GOVERNING LAW
These Terms are governed by the laws of the Federal Republic of Germany, unless mandatory consumer protection laws of another jurisdiction apply to you.
If you are a consumer living in another country, you continue to benefit from any mandatory consumer protection provisions that apply to you under applicable law.
Nothing in these Terms prevents you from exercising rights that cannot legally be excluded or from bringing proceedings before a court that has mandatory jurisdiction over your consumer relationship.
25. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
The invalid provision shall be replaced or interpreted, where legally possible, in a manner that comes as close as possible to the original purpose of the provision while complying with applicable law.
26. ENTIRE AGREEMENT
These Terms, together with the DarkBrain Privacy Policy and other policies expressly incorporated into the DarkBrain website, form the terms governing your use of the DarkBrain website.
For purchases of physical products, the applicable Fourthwall terms and mandatory consumer protection laws additionally govern the product transaction.
Where mandatory consumer law applies, it takes precedence over conflicting provisions.
27. CONTACT
If you have questions about these Terms or the DarkBrain website, please contact:
DarkBrain
Operated by Kyle Mikolajczak
Email:
contact@support.shop.thedarkbrain.com
For questions about an existing product order, return, refund, shipment or payment, please use the support and order-management options provided by Fourthwall with your order confirmation.