Terms Of Use

Terms Of Use

Terms Of Use

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the platform, software, and related services operated by BRAIN.ONE, Inc. (“BRAIN.ONE,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy and Consumer Health Data Privacy Policy, each incorporated by reference. If you do not agree, you may not access or use the Services.

These Terms of Service (“Terms”) govern your access to and use of the platform, software, and related services operated by BRAIN.ONE, Inc. (“BRAIN.ONE,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy and Consumer Health Data Privacy Policy, each incorporated by reference. If you do not agree, you may not access or use the Services.

2. Eligibility and Age Requirements

To create an account or use self-guided assessment features, you must be at least 13 years old, or the applicable minimum age in your jurisdiction, if higher. To use features involving independent licensed clinician services, clinical assessments provided by or at the direction of an independent licensed clinician, or the client portal, you must be at least 18 years old, or have the legal capacity to consent to health care under the law of your state of residence, or have a parent or legal guardian who consents to your use of those features and to these Terms on your behalf. By using the Services, you represent that: (a) you meet these age and capacity requirements; (b) you are physically located in, and/or a resident of, the state you select as your residency when creating your account; and (c) all information you provide is accurate and current.
To create an account or use self-guided assessment features, you must be at least 13 years old, or the applicable minimum age in your jurisdiction, if higher. To use features involving independent licensed clinician services, clinical assessments provided by or at the direction of an independent licensed clinician, or the client portal, you must be at least 18 years old, or have the legal capacity to consent to health care under the law of your state of residence, or have a parent or legal guardian who consents to your use of those features and to these Terms on your behalf. By using the Services, you represent that: (a) you meet these age and capacity requirements; (b) you are physically located in, and/or a resident of, the state you select as your residency when creating your account; and (c) all information you provide is accurate and current.

3. Description of Services; Not Medical Advice; Not a Medical Device

• Nature of Services; Not a Mental Health Platform: BRAIN.ONE is a brain fitness, neurotechnology, and digital wellness platform. BRAIN.ONE is not a medical provider, mental health platform, telehealth provider, therapy provider, counseling service, emergency service, or crisis-response service.


• No Medical Advice: BRAIN.ONE does not provide medical advice. The Services, including any self-assessment results, scores, educational protocols, suggested actions, summaries, trends, neural data interpretations, or algorithmically generated insights, are for informational, educational, wellness, and self-tracking purposes only. They are not intended to diagnose, treat, cure, prevent, or mitigate any disease, disorder, injury, or condition, and do not create a therapeutic, clinician-patient, or provider-patient relationship between you and BRAIN.ONE.


• Not a Medical Device: BRAIN.ONE and the Services, including the software, assessments, reports, protocols, scores, dashboards, AI outputs, algorithms, and any related content, are not medical devices, are not intended to function as medical devices, and have not been cleared, approved, authorized, or evaluated by the U.S. Food and Drug Administration unless expressly stated in writing. You should not use the Services for diagnosis, treatment decisions, clinical monitoring, emergency detection, or as a substitute for professional medical judgment.


• AI and Algorithmic Outputs: The Services may use software, artificial intelligence, statistical models, or automated systems to generate educational content, suggested protocols, scores, summaries, trends, or other insights. These outputs may be incomplete, inaccurate, or inappropriate for your individual circumstances. You should not rely on AI-generated or algorithmic outputs as medical advice, diagnosis, treatment, or a substitute for professional judgment. Where the Services use AI to interact directly with you — for example, through automated chat, generated summaries, or algorithmically generated recommendations — we will disclose that you are interacting with an artificial intelligence system, consistent with applicable state law, including Colorado’s consumer protections for artificial intelligence.


• Neurotechnology Hardware: If you use a neurotechnology device (such as an EEG headset) with the Services, you are responsible for using it as instructed and for any risks associated with its use. Devices used with the Services are not intended as diagnostic medical devices unless expressly labeled as such and cleared or approved by the U.S. Food and Drug Administration for that purpose.


• Third-Party Devices, Labs, and Integrations: The Services may allow you to connect third-party devices, applications, labs, wearables, or data sources. BRAIN.ONE is not responsible for the accuracy, availability, security, privacy practices, regulatory status, or clinical validity of third-party products or services. Your use of third-party integrations may be governed by their own terms and privacy policies.


• Emergencies; No Crisis Monitoring: BRAIN.ONE does not provide emergency, crisisresponse, or real-time clinical monitoring services and does not guarantee that any user submission, assessment response, message, biometric signal, or neural signal will be reviewed in time to identify or prevent harm. Always consult a qualified physician or licensed mental health professional with questions about a medical or mental health condition. If you are experiencing a mental health emergency or thoughts of harming yourself or others, call or text 988 (the Suicide & Crisis Lifeline) or 911, or go to the nearest emergency room.

• Nature of Services; Not a Mental Health Platform: BRAIN.ONE is a brain fitness, neurotechnology, and digital wellness platform. BRAIN.ONE is not a medical provider, mental health platform, telehealth provider, therapy provider, counseling service, emergency service, or crisis-response service.


• No Medical Advice: BRAIN.ONE does not provide medical advice. The Services, including any self-assessment results, scores, educational protocols, suggested actions, summaries, trends, neural data interpretations, or algorithmically generated insights, are for informational, educational, wellness, and self-tracking purposes only. They are not intended to diagnose, treat, cure, prevent, or mitigate any disease, disorder, injury, or condition, and do not create a therapeutic, clinician-patient, or provider-patient relationship between you and BRAIN.ONE.


• Not a Medical Device: BRAIN.ONE and the Services, including the software, assessments, reports, protocols, scores, dashboards, AI outputs, algorithms, and any related content, are not medical devices, are not intended to function as medical devices, and have not been cleared, approved, authorized, or evaluated by the U.S. Food and Drug Administration unless expressly stated in writing. You should not use the Services for diagnosis, treatment decisions, clinical monitoring, emergency detection, or as a substitute for professional medical judgment.


• AI and Algorithmic Outputs: The Services may use software, artificial intelligence, statistical models, or automated systems to generate educational content, suggested protocols, scores, summaries, trends, or other insights. These outputs may be incomplete, inaccurate, or inappropriate for your individual circumstances. You should not rely on AI-generated or algorithmic outputs as medical advice, diagnosis, treatment, or a substitute for professional judgment. Where the Services use AI to interact directly with you — for example, through automated chat, generated summaries, or algorithmically generated recommendations — we will disclose that you are interacting with an artificial intelligence system, consistent with applicable state law, including Colorado’s consumer protections for artificial intelligence.


• Neurotechnology Hardware: If you use a neurotechnology device (such as an EEG headset) with the Services, you are responsible for using it as instructed and for any risks associated with its use. Devices used with the Services are not intended as diagnostic medical devices unless expressly labeled as such and cleared or approved by the U.S. Food and Drug Administration for that purpose.


• Third-Party Devices, Labs, and Integrations: The Services may allow you to connect third-party devices, applications, labs, wearables, or data sources. BRAIN.ONE is not responsible for the accuracy, availability, security, privacy practices, regulatory status, or clinical validity of third-party products or services. Your use of third-party integrations may be governed by their own terms and privacy policies.


• Emergencies; No Crisis Monitoring: BRAIN.ONE does not provide emergency, crisisresponse, or real-time clinical monitoring services and does not guarantee that any user submission, assessment response, message, biometric signal, or neural signal will be reviewed in time to identify or prevent harm. Always consult a qualified physician or licensed mental health professional with questions about a medical or mental health condition. If you are experiencing a mental health emergency or thoughts of harming yourself or others, call or text 988 (the Suicide & Crisis Lifeline) or 911, or go to the nearest emergency room.

4. Client Portal; Licensed Clinicians; HIPAA

If you use the client portal, you may exchange information with independent licensed clinicians who are solely responsible for the professional services they provide to you. BRAIN.ONE facilitates the technical connection and, where applicable, acts as a business associate to those clinicians under a separate business associate agreement, consistent with HIPAA, for certain hosting and technical functions. BRAIN.ONE is not a mental health platform, does not itself provide therapy or medical services, and does not employ, supervise, or control the clinical judgment of independent clinicians who use the platform.

If you use the client portal, you may exchange information with independent licensed clinicians who are solely responsible for the professional services they provide to you. BRAIN.ONE facilitates the technical connection and, where applicable, acts as a business associate to those clinicians under a separate business associate agreement, consistent with HIPAA, for certain hosting and technical functions. BRAIN.ONE is not a mental health platform, does not itself provide therapy or medical services, and does not employ, supervise, or control the clinical judgment of independent clinicians who use the platform.

5. Account Registration and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at hello@brain.one of any unauthorized use of your account.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at hello@brain.one of any unauthorized use of your account.

6. Account and Data Deletion

You may delete your account, and request deletion of your personal information, at any time. You can initiate account deletion directly within the Services through your account settings, or by submitting a request to hello@brain.one; you may also submit a deletion request through our website without needing to log in to the Services. We will verify your identity and complete deletion requests within the timeframe required by applicable law, subject to legal exceptions, such as information we must retain for legal, tax, security, or dispute-resolution purposes, or clinical records that an independent clinician you have worked with is separately required to retain under professional recordkeeping rules. Deleting your account does not automatically delete records maintained independently by a clinician you have worked with through the client portal; you may need to contact that clinician directly regarding their own records.

You may delete your account, and request deletion of your personal information, at any time. You can initiate account deletion directly within the Services through your account settings, or by submitting a request to hello@brain.one; you may also submit a deletion request through our website without needing to log in to the Services. We will verify your identity and complete deletion requests within the timeframe required by applicable law, subject to legal exceptions, such as information we must retain for legal, tax, security, or dispute-resolution purposes, or clinical records that an independent clinician you have worked with is separately required to retain under professional recordkeeping rules. Deleting your account does not automatically delete records maintained independently by a clinician you have worked with through the client portal; you may need to contact that clinician directly regarding their own records.

7. Acceptable Use

You agree not to use the Services in violation of applicable law, to misrepresent your identity, age, or state of residency, to interfere with the security or operation of the Services, or to reproduce, resell, or reverse-engineer the Services except as permitted by law.
You agree not to use the Services in violation of applicable law, to misrepresent your identity, age, or state of residency, to interfere with the security or operation of the Services, or to reproduce, resell, or reverse-engineer the Services except as permitted by law.

8. Intellectual Property

BRAIN.ONE and its licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not reproduce, distribute, or create derivative works from the Services without our express written permission.
BRAIN.ONE and its licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not reproduce, distribute, or create derivative works from the Services without our express written permission.

9. Electronic Communications

By creating an account, you agree to receive electronic communications from us, including email, SMS text messages, in-portal messages, and, where applicable, voicemail, relating to your account, care coordination, and the Services. We use reasonable administrative, technical, and physical safeguards designed to secure these communications, consistent with HIPAA where applicable. However, transmitting information electronically carries an inherent risk of unauthorized interception or access, and you accept that risk by using the Services. You may opt out of non-essential marketing communications at any time; you may not opt out of communications necessary to provide the Services or required by law.
By creating an account, you agree to receive electronic communications from us, including email, SMS text messages, in-portal messages, and, where applicable, voicemail, relating to your account, care coordination, and the Services. We use reasonable administrative, technical, and physical safeguards designed to secure these communications, consistent with HIPAA where applicable. However, transmitting information electronically carries an inherent risk of unauthorized interception or access, and you accept that risk by using the Services. You may opt out of non-essential marketing communications at any time; you may not opt out of communications necessary to provide the Services or required by law.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BRAIN.ONE IS NOT A MEDICAL PROVIDER, IS NOT A MENTAL HEALTH PLATFORM, DOES NOT PROVIDE MEDICAL ADVICE, AND DOES NOT PROVIDE EMERGENCY OR CRISIS-RESPONSE SERVICES. THE SERVICES ARE NOT MEDICAL DEVICES, ARE NOT INTENDED FOR DIAGNOSIS, TREATMENT, CURE, PREVENTION, OR MITIGATION OF ANY DISEASE OR CONDITION, AND SHOULD NOT BE USED FOR CLINICAL DECISION-MAKING OR EMERGENCY MONITORING. BRAIN.ONE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF RESULTS OBTAINED FROM NEUROTECHNOLOGY HARDWARE, THIRD-PARTY DEVICES, WEARABLES, LABS, SOFTWARE ALGORITHMS, OR AI-GENERATED OUTPUTS. BRAIN.ONE IS NOT RESPONSIBLE FOR DEFECTS OR OUTAGES IN THE INTERNET, YOUR INTERNET SERVICE PROVIDER, OR YOUR DEVICE OR SOFTWARE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BRAIN.ONE IS NOT A MEDICAL PROVIDER, IS NOT A MENTAL HEALTH PLATFORM, DOES NOT PROVIDE MEDICAL ADVICE, AND DOES NOT PROVIDE EMERGENCY OR CRISIS-RESPONSE SERVICES. THE SERVICES ARE NOT MEDICAL DEVICES, ARE NOT INTENDED FOR DIAGNOSIS, TREATMENT, CURE, PREVENTION, OR MITIGATION OF ANY DISEASE OR CONDITION, AND SHOULD NOT BE USED FOR CLINICAL DECISION-MAKING OR EMERGENCY MONITORING. BRAIN.ONE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF RESULTS OBTAINED FROM NEUROTECHNOLOGY HARDWARE, THIRD-PARTY DEVICES, WEARABLES, LABS, SOFTWARE ALGORITHMS, OR AI-GENERATED OUTPUTS. BRAIN.ONE IS NOT RESPONSIBLE FOR DEFECTS OR OUTAGES IN THE INTERNET, YOUR INTERNET SERVICE PROVIDER, OR YOUR DEVICE OR SOFTWARE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAIN.ONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRAIN.ONE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BRAIN.ONE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING NON-WAIVABLE CONSUMER PROTECTIONS OF YOUR STATE OF RESIDENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAIN.ONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRAIN.ONE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BRAIN.ONE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING NON-WAIVABLE CONSUMER PROTECTIONS OF YOUR STATE OF RESIDENCE.

12. Indemnification

You agree to indemnify, defend, and hold harmless BRAIN.ONE and its officers, directors, employees, agents, and affiliates from and against third-party claims, damages, losses, liabilities, and reasonable expenses (including attorneys’ fees) arising out of: (a) your breach of these Terms; (b) your violation of applicable law; or (c) your misuse of the Services — except, in each case, to the extent such claims arise from BRAIN.ONE’s own negligence, willful misconduct, or violation of law.
You agree to indemnify, defend, and hold harmless BRAIN.ONE and its officers, directors, employees, agents, and affiliates from and against third-party claims, damages, losses, liabilities, and reasonable expenses (including attorneys’ fees) arising out of: (a) your breach of these Terms; (b) your violation of applicable law; or (c) your misuse of the Services — except, in each case, to the extent such claims arise from BRAIN.ONE’s own negligence, willful misconduct, or violation of law.

13. Dispute Resolution; Arbitration Agreement; Class Action Waiver

• Agreement to Arbitrate: Except as set out below, you and BRAIN.ONE agree to resolve any dispute arising out of or relating to these Terms or the Services through binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.

• Class Action Waiver: You and BRAIN.ONE agree that any arbitration or proceeding will be conducted only on an individual basis, and not as a class, collective, or representative action.

• Opt-Out Right: You may opt out of this arbitration agreement by emailing hello@brain.one within thirty (30) days of first accepting these Terms, using the subject line “Arbitration Opt-Out” and including your name and account email address.

• Exceptions: Nothing in this section limits any right you have to bring a claim before a state or federal agency, to seek public injunctive relief where required by applicable law, or requires arbitration of any claim that, as a matter of law, cannot be subject to mandatory pre-dispute arbitration in your state of residence.

• Severability: If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement will be void.
• Agreement to Arbitrate: Except as set out below, you and BRAIN.ONE agree to resolve any dispute arising out of or relating to these Terms or the Services through binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.

• Class Action Waiver: You and BRAIN.ONE agree that any arbitration or proceeding will be conducted only on an individual basis, and not as a class, collective, or representative action.

• Opt-Out Right: You may opt out of this arbitration agreement by emailing hello@brain.one within thirty (30) days of first accepting these Terms, using the subject line “Arbitration Opt-Out” and including your name and account email address.

• Exceptions: Nothing in this section limits any right you have to bring a claim before a state or federal agency, to seek public injunctive relief where required by applicable law, or requires arbitration of any claim that, as a matter of law, cannot be subject to mandatory pre-dispute arbitration in your state of residence.

• Severability: If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement will be void.

14. Termination

BRAIN.ONE may suspend or terminate your access to the Services at any time, for any lawful reason, including breach of these Terms, with notice where reasonably practicable. You may stop using the Services and close your account at any time. Provisions that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law — will survive termination or expiration of these Terms.
BRAIN.ONE may suspend or terminate your access to the Services at any time, for any lawful reason, including breach of these Terms, with notice where reasonably practicable. You may stop using the Services and close your account at any time. Provisions that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law — will survive termination or expiration of these Terms.

15. Governing Law; Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-oflaws principles, except that, to the extent a claim is not subject to arbitration under Section 13, you and BRAIN.ONE consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. Nothing in this section overrides consumer protections of your state of residence that applicable law makes non-waivable.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-oflaws principles, except that, to the extent a claim is not subject to arbitration under Section 13, you and BRAIN.ONE consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. Nothing in this section overrides consumer protections of your state of residence that applicable law makes non-waivable.

16. Miscellaneous

• Waiver: BRAIN.ONE’s failure to enforce a provision is not a waiver of that provision.

• Severability: If a provision is held invalid or unenforceable, the remaining provisions remain in effect.

• Notices: We may deliver notices to the email address on your account.

• Entire Agreement: These Terms, together with the Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between you and BRAIN.ONE regarding the Services, and supersede any prior agreements on the same subject.

• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Waiver: BRAIN.ONE’s failure to enforce a provision is not a waiver of that provision.

• Severability: If a provision is held invalid or unenforceable, the remaining provisions remain in effect.

• Notices: We may deliver notices to the email address on your account.

• Entire Agreement: These Terms, together with the Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between you and BRAIN.ONE regarding the Services, and supersede any prior agreements on the same subject.

• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Changes to These Terms

We may revise these Terms from time to time. We will notify you of material changes by email or in-product notice before they take effect. Continued use of the Services after the effective date of a revision constitutes acceptance of the revised Terms, except where applicable law requires your affirmative consent, such as changes affecting consumer health data consent.
We may revise these Terms from time to time. We will notify you of material changes by email or in-product notice before they take effect. Continued use of the Services after the effective date of a revision constitutes acceptance of the revised Terms, except where applicable law requires your affirmative consent, such as changes affecting consumer health data consent.