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BrainRobotics Terms of Service

Version 1.2

Last revised on: February 28, 2025

Welcome from the BrainRobotics team! Before using BrainRobotics software, website portal, mobile applications, and other software, website, and mobile features, including software, website, mobile features and platforms ("Site" or "Applications"), products and services (together, the "Services", "our Services", or "BrainRobotics' Services"), it is important that you carefully read the following agreement. All copyrighted or original works, trademarks, and proprietary intellectual property belong to BrainPortfolio Inc. ("BrainRobotics", "us", "our", and "we").

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features. All such additional terms, guidelines, and rules, including the Privacy Policy, are incorporated by reference into these Terms of Service.

Terms of Service

THESE TERMS OF SERVICE (THE "TERMS") ALONG WITH BRAINROBOTICS' PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF BRAINROBOTICS' SERVICES. BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.3) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts

  1. Account Creation In order to use certain features of BrainRobotics' Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. BrainRobotics may suspend or terminate your Account in accordance with Section 8.
  2. Account Responsibilities You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify BrainRobotics of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. BrainRobotics cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Services

  1. License Subject to these Terms, BrainRobotics grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.
  2. Certain Restrictions The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on any Service) must be retained on all copies thereof.
  3. Modification We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that BrainRobotics will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

3. User Content

  1. User Content "User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by BrainRobotics. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
  2. License You hereby grant (and you represent and warrant that you have the right to grant) to BrainRobotics an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
  3. Acceptable Use Policy The following terms constitute our "Acceptable Use Policy":
  4. Enforcement We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
  5. Feedback If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to BrainRobotics all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. BrainRobotics will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to BrainRobotics any information or ideas that you consider to be confidential or proprietary.
  6. Your Data. BrainRobotics is subject to certain laws and regulations, some of which are described below. Please visit our Privacy Policy for more information on how we collect, use, and safeguard "Data."
  7. Student Personal Information means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) ("FERPA"); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 ("SOPIPA").
  8. Consent to Contact by BrainRobotics. Through your use of the Services, BrainRobotics may contact you (including via email, and push notifications). Such contacts are intended, among other things, to enhance your experience using the Services and to offer you the opportunity to try other BrainRobotics Services. Please note that your carrier may charge you for text messages you receive from BrainRobotics. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO SUCH CONTACTS BY BrainRobotics.
  9. Indemnification You agree to indemnify and hold BrainRobotics (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. BrainRobotics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BrainRobotics. BrainRobotics will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. Third-Party Links.

  1. Third-Party Links. The Services may contain links to third-party websites and services (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of BrainRobotics, and we are not responsible for any Third-Party Links. BrainRobotics provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
  2. Other Users. Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that BrainRobotics will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
  3. App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that this Agreement is between you and BrainRobotics and not with the App Store. BrainRobotics, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce the terms of this Agreement.
  4. Release. You hereby release and forever discharge BrainRobotics (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Service users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
  5. Disclaimers THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND BRAINROBOITCS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS , WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  6. Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BrainRobotics (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF BrainRobotics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Address of Agent: 1826 Kramer Lane, Suite A, Austin, TX, 78758

Telephone: 888-696-4228

Email: privacyteam@brainrobotics.com

1. General

  1. Fees Currently, BrainRobotics Services are provided for free to individual users. However, we reserve the right to charge a fee in the future upon thirty (30) days' notice in our sole discretion. If BrainRobotics does charge a fee, your continued use of the Services may be contingent on payment of that fee.
  2. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  3. Dispute Resolution; Mandatory Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with BrainRobotics and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  4. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from BrainRobotics, or any products utilizing such data, in violation of the United States export laws or regulations.
  5. Disclosures. BrainRobotics is located at the address in Section 10.11. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  6. Electronic Communications. The communications between you and BrainRobotics use electronic means, whether you use the Site or send us emails, or whether BrainRobotics posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  7. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to BrainRobotics is that of an independent contractor, and neither party is an agent or partner of the other.
  8. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  9. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BrainRobotics's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BrainRobotics may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
  10. Copyright/Trademark Information. Copyright © 2024 BrainPortfolio, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

2. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from BrainRobotics, or any products utilizing such data, in violation of the United States export laws or regulations.

3. Disclosures. BrainRobotics is located at the address in Section 10.11. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

4. Electronic Communications. The communications between you and BrainRobotics use electronic means, whether you use the Site or send us emails, or whether BrainRobotics posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

5. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to BrainRobotics is that of an independent contractor, and neither party is an agent or partner of the other.

6. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

7. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BrainRobotics's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BrainRobotics may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

8. Copyright/Trademark Information. Copyright © 2024 BrainPortfolio, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

9. Contact Information: BrainRobotics Privacy Team, 888-696-4224, privacyteam@brainrobotics.com

BrainRobotics Privacy Policy

1. What is the purpose of this privacy statement?

BrainRobotics develops applications and devices that collect data to restore mobility and produce optimal patient outcomes. In order for our applications and devices to best serve our customers, it is necessary that personal data is collected from each customer in order to make use of our Products, Services, Sites, and Applications. Our aim is to create a personalized experience that uses personal data to provide analysis and insights to the individual customer. Given that personal data is collected, it is important to us to provide this privacy statement that outlines the types of personal data collected, the purpose for collection, how we protect the information that you provide us, as well as, how these pieces are utilized and how to contact us with any questions or concerns you may have regarding the collection of personal data.

2. In general, what are the main ideas outlined in this privacy statement?

  1. BrainRobotics's devices and applications collect personal data.
  2. We collect data from any given person using our devices and applications, including people under the age of 18.
  3. BrainRobotics does not sell personal data collected through our devices or applications to third parties.
  4. BrainRobotics's devices and applications are not intended to be used in a medical setting, for medical purposes, or for medical diagnosis. All devices and applications are general wellness products as defined by the United States Food and Drug Administration.
  5. This privacy statement is intended for our United States based customers.

3. What personal data is collected?

Directly Related Personal Data

  1. Provide: The data is used to provide the function and utility of the device/application for the user.
  2. Manage: This data allows BrainRobotics to monitor, maintain and improve our services.
  3. Create: This data allows BrainRobotics to create new services.

Indirectly Related Personal Data

  1. Provide: The data is used to provide the function and utility of the device/application for the user.
  2. Manage: This data allows BrainRobotics to monitor, maintain and improve our services.
  3. Create: This data allows BrainRobotics to create new services.
Data ElementProvideManageCreate
Clinician Name
Clinician Email/Cellphone
Prosthetic Fitting Facility
Patient Name
Patient Email/Cellphone

4. How is personal data collected and where is it stored?

All personal data is collected with the user's consent, or the consent of the parent/guardian when an individual user is less than 18 years of age. Consent is obtained through the terms of service agreement. The terms of service agreement first appear when a user interacts with our applications for the first time. In some cases where entities, such as school districts purchase our products, an enterprise terms of service agreement may be executed between the entity and BrainRobotics that outlines how consent will be attained especially for those users who are under the age of 18. No personal data will be collected without the informed consent of an individual or their parent/guardian (in the case where a user is under the age of 18).

5. If GDPR is applicable, what are my rights as an EU data subject?

The GDPR establishes eight rights for EU data subjects. As an EU data subject, you have the following rights:

  1. The right to access
  2. The right to be informed
  3. The right to data portability
  4. The right to be forgotten
  5. The right to object to use or processing of data
  6. The right to restrict processing of personal data
  7. The right to be notified of a personal data breach that compromises your personal data within 72 hours.
  8. The right to rectification: You can request to update, complete, or correct personal data.

Please contact the data protection officer (DPO) listed in Section 9 for any request, questions, or comments.

6. What special provisions are in place to protect the personal data of children?

As is outlined in number three of this document, BrainRobotics considers any user under the age of 18 as a minor requiring the consent of their parent/guardian to be able to use the product. The process for gaining this consent is embedded in our Terms of Service.

7. Who will you share user personal data with?

  1. Under no circumstances will personal data be sold to a third party.
  2. Personal data may be required to be disclosed to other parties when required by law or as necessary to protect BrainRobotics services.
  3. We may disclose personal data to third parties in order to protect the legal rights, safety, and security of BrainRobotics, our affiliates, business partners, and users of our services.
  4. We may share personal information to enforce our terms of use, resolve claims or complaints, prevent fraud or for risk management purposes.
  5. Personal information may be shared to comply with or respond to law enforcement or legal processes or a request for cooperation from a government or other entity, whether or not legally required.

8. How often will this privacy statement be updated?

We reserve the right to modify this privacy statement at any time by posting revisions to our website. Continued use of BrainRobotics devices/applications after any modification to the privacy statement constitutes your acceptance of the new terms and conditions.