Terms of Service

Version 1.0 · Effective 24 July 2026

These terms govern your individual use of the Brainstorme platform at https://portal-qa.brainstorme.com (the "Platform"), operated by Brainstorme Inc. ("Brainstorme", "we", "us").

By accepting these terms, or by accessing the Platform, you agree to them. If you do not agree, do not use the Platform.

1. Your account and the agreement behind it

Access to the Platform is granted through an organisation — a study sponsor, clinical research organisation, imaging core lab or trial site — that has a written agreement with us (the "Customer Agreement").

These terms govern you as an individual user. The Customer Agreement governs that organisation's use of the Platform, the study data within it, and the commercial arrangement.

If these terms conflict with the Customer Agreement, the Customer Agreement controls. Nothing here reduces the rights or obligations of the organisation that gave you access, and nothing here creates rights for you that the Customer Agreement does not give your organisation.

You may use the Platform only for the studies, sites and purposes your organisation has authorised. Your account is personal to you.

2. Eligibility

You must be at least 18 years old and acting in a professional capacity in connection with a clinical research study. Accounts are created by invitation from an administrator; you may not create one by any other means.

3. Account security

You must:

keep your credentials confidential and not share your account with anyone;
use a unique password, and enable multi-factor authentication or a passkey where offered;
ensure the device you use is under your control, has full-disk encryption enabled, is patched and locks automatically;
not access the Platform from a shared or public device where another person could view study data;
notify us immediately at ryan@brainstorme.com if you suspect your credentials or device have been compromised.

Actions taken under your account are attributed to you in the audit trail. Sharing credentials undermines that attribution and is a material breach of these terms.

4. Acceptable use

You must not:

upload, enter or transmit directly identifying patient information. Images must be de-identified before upload — see Section 5;
access any study, site, subject or record you have not been authorised to access, or attempt to circumvent access controls;
attempt to re-identify any trial participant from data in the Platform;
export, copy, download or transmit study data except through the Platform's own export functions and only where your role permits it;
share, publish or disclose study data outside the purpose your organisation authorised;
scrape the Platform, or access it by automated means other than an interface or API we provide;
reverse engineer, decompile or attempt to derive the source code of the Platform, or copy its design or functionality to build a competing product;
probe, scan or test the security of the Platform without our prior written authorisation, or interfere with its operation or availability;
upload malicious code, or content that infringes another party's rights or breaks the law.

We may suspend access immediately where we reasonably believe these rules have been broken or study data is at risk.

5. De-identification is the uploading site's responsibility

Medical images uploaded to the Platform must be de-identified before upload, in accordance with the applicable trial protocol, the sponsor's instructions and your organisation's agreements.

Brainstorme provides the Platform to receive, store, distribute and annotate imaging data. We do not warrant that uploaded images are free of identifying information, and de-identification remains the obligation of the uploading site and the sponsor. Where we become aware of identifying details embedded in an uploaded file, we remove them, but we do not review every upload and you must not rely on us to do so.

If you discover identifying information in the Platform, report it promptly to ryan@brainstorme.com.

6. Research use — not a diagnostic device

The Platform is provided for clinical research purposes. It is not intended for, and must not be used for, primary diagnosis, treatment decisions, or any other clinical care decision about an individual patient.

The Platform is not a cleared or approved medical device for diagnostic use. Nothing it displays or generates is medical advice, and no output substitutes for the independent professional judgement of a qualified clinician using appropriately validated diagnostic tools.

7. Electronic records and signatures

The Platform maintains electronic records and supports electronic signatures for regulated clinical research.

By using it you agree that:

your electronic signature is the legally binding equivalent of your handwritten signature, and you intend it as such;
records you create, sign or approve electronically are attributable to you;
you will not repudiate a record signed under your credentials;
audit trail entries recording your actions are immutable and will be retained for the required record-retention period, including after your account is closed.

8. Data ownership

Study data — images, reports, annotations and study results — belongs to the sponsor or the party designated in the Customer Agreement. We claim no ownership of it and process it only as a processor on documented instructions.

The Platform — the software, interfaces, documentation and all intellectual property in them — belongs to Brainstorme. You are granted a limited, non-exclusive, non-transferable, revocable right to use it for the authorised purpose, and nothing more.

Feedback you volunteer about the Platform may be used by us without restriction or obligation to you.

9. Confidentiality

Study data and any non-public information you encounter through the Platform are confidential. You must protect it with at least reasonable care, use it only for the authorised purpose, and not disclose it except as your role and your organisation's agreements permit. This survives the closure of your account.

10. Privacy

Our handling of personal data is described in the Privacy Notice and the Cookie Notice, which form part of these terms.

11. Availability and support

We aim to keep the Platform available and will give advance notice of planned maintenance where practical. Any committed service levels live in the Customer Agreement, not here — these terms do not give you, as an individual, any availability guarantee.

We may modify, add or remove features. We will not materially degrade core functionality relied on by an active study without notifying the sponsor.

12. Suspension and termination

We may suspend or terminate your access if you breach these terms, if your organisation's Customer Agreement ends, if your authorising administrator removes you, or if we must do so to protect study data, the Platform or another user.

Your organisation may remove your access at any time. You may stop using the Platform at any time and request account closure through your administrator.

Sections 7 (electronic records), 8 (ownership), 9 (confidentiality), 13 (disclaimers), 14 (liability), 15 (indemnity) and 17 (governing law) survive termination, as do audit trail records under Section 7.

13. Disclaimers

To the fullest extent permitted by law, and except as expressly stated in the Customer Agreement, the Platform is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

Nothing in this section limits any warranty Brainstorme has given the sponsor in the Customer Agreement.

14. Limitation of liability

To the fullest extent permitted by law, Brainstorme will not be liable to you as an individual user for any indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, revenue, data or goodwill, arising out of your use of the Platform.

Our total aggregate liability to you as an individual user, for all claims relating to the Platform, will not exceed one hundred US dollars ($100).

Commercial liability between Brainstorme and your organisation is governed exclusively by the Customer Agreement, and this section does not cap it.

Nothing here excludes liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

15. Indemnity

You will indemnify Brainstorme against claims, losses and reasonable costs arising from your use of the Platform in breach of these terms, your unauthorised disclosure of study data, or your violation of law or of another party's rights. This does not apply to anything caused by Brainstorme's own breach or negligence.

16. Changes to these terms

We may update these terms. The version number and effective date at the top always reflect the current version.

For material changes we will notify you and ask you to accept the new version when you next sign in. If you do not accept, you will not be able to continue using the Platform, and you should contact your administrator.

17. Governing law and disputes

These terms are governed by the laws of the State of California, USA, without regard to conflict of laws rules. The courts of Los Angeles County, California, USA have exclusive jurisdiction, and you consent to their jurisdiction and venue.

If you are a consumer resident in the European Economic Area or the United Kingdom, this does not deprive you of the protection of mandatory provisions of the law of your country of residence.

18. General

If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.

Together with the Privacy Notice, the Cookie Notice and — where it applies — the Customer Agreement, these terms are the entire agreement between you and Brainstorme regarding your individual use of the Platform.

19. Contact

Questions about these terms: ryan@brainstorme.com Security concerns: ryan@brainstorme.com Privacy requests: https://grc.brainstorme.com/data-request