Terms of Service

Effective Date: April 7, 2026 · Last Updated: April 7, 2026

These Terms of Service ("Terms") govern your access to and use of BrainBacked ("the Service"), operated by Simple Software LLC, a Colorado limited liability company ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

BrainBacked allows users to upload visual content — including thumbnails, video hooks, and ad creatives — to receive predicted brain response scores across dimensions such as Attention, Emotion, Memorability, and Engagement. These scores are generated by a neural processing engine trained on publicly available fMRI brain scan data.

2. Account Creation

To use the Service, you must create an account using a valid email address. Authentication is provided through Supabase. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 18 years old to use the Service.

You agree to provide accurate, current, and complete information during registration and to update such information as needed. We reserve the right to suspend or terminate accounts that contain false or misleading information.

3. Acceptable Use

You agree not to:

• Upload content that is illegal, obscene, defamatory, or infringes on any third party's intellectual property rights.
• Use the Service to harass, abuse, or harm others.
• Attempt to reverse-engineer, decompile, or extract our models, algorithms, or underlying technology.
• Use automated systems (bots, scrapers, etc.) to access the Service without our prior written consent.
• Resell, sublicense, or redistribute the Service or its outputs without authorization.
• Interfere with or disrupt the integrity or performance of the Service.

4. Your Content

You retain full ownership of any content you upload to BrainBacked ("Your Content"). By uploading content, you grant us a limited, non-exclusive, royalty-free license to process, analyze, and temporarily store Your Content solely for the purpose of delivering the Service to you.

We do not claim ownership of Your Content. We will not sell, share, or use Your Content for advertising purposes. We may use anonymized, aggregated data derived from usage of the Service to improve our models and product, but this data will never be linked back to you or your specific content.

You represent and warrant that you have all necessary rights to upload and process any content you submit through the Service.

5. Subscriptions, Billing, and Cancellation

BrainBacked offers the following plans:

• Free: 50 scans per month at no cost.
• Pro: $20 per month for up to 1,000 scans.
• Enterprise: $40 per month for unlimited scans.

Paid subscriptions are billed monthly through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until then. We do not offer prorated refunds for partial months.

We reserve the right to change pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Prediction Scores — No Guarantees

The brain response scores provided by BrainBacked are predictions, not guarantees of real-world performance. Our models are trained on publicly available fMRI data and produce statistical estimates. Actual audience reactions may vary significantly.

You acknowledge that BrainBacked's scores are intended as a supplementary decision-making tool and should not be relied upon as the sole basis for any business, creative, or financial decision. We make no warranties — express or implied — regarding the accuracy, reliability, or completeness of any scores or predictions.

7. Intellectual Property

The Service, including its technology, models, design, branding, and all related intellectual property, is and remains the property of Simple Software LLC. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Simple Software LLC and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service.

Our total aggregate liability for any claim arising from or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

9. Indemnification

You agree to indemnify and hold harmless Simple Software LLC from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third party's rights.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, abusive behavior, or fraudulent activity.

Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, delete Your Content following termination. Provisions that by their nature should survive termination (including Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

11. Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to binding arbitration administered under the rules of the American Arbitration Association, with arbitration taking place in Colorado. Each party bears its own costs unless the arbitrator determines otherwise.

You agree to resolve disputes on an individual basis. Class actions and class arbitrations are not permitted under these Terms.

12. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 15 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Contact

If you have questions about these Terms, contact us at: [email protected]

Simple Software LLC
Colorado, United States