Terms of Service

Effective date: August 1, 2026
Last updated: August 1, 2026

These Terms of Service ("Terms") are a binding agreement between you and CertaMind, Inc., a Delaware corporation ("CertaMind," "we," or "us"), governing your access to and use of the CertaMind website, applications, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What CertaMind Is—and Is Not

CertaMind provides self-guided cognitive assessments, including attention, memory, processing-speed, and similar exercises, for general wellness and informational purposes.

CertaMind does not diagnose, screen for, or assess any specific medical or psychological condition, including ADHD, dementia, or learning disorders. The Service measures general cognitive performance for personal wellness insight only.

The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. Results are not a substitute for professional medical, psychological, or clinical judgment. Consult a qualified healthcare provider about medical concerns. In an emergency, call your local emergency number.

CertaMind is not currently operated as a covered entity or business associate under HIPAA, and we do not represent that the Service or your use of it complies with HIPAA. While we are not a HIPAA-regulated entity, we handle health-related information in accordance with applicable consumer health privacy laws and our Privacy Policy. See our Privacy Policy for information about our data practices.

2. Eligibility and Accounts

You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, a parent or legal guardian must review and agree to these Terms, provide verifiable consent, and supervise your use. The Service is not intended for children under 13, and we do not knowingly collect information from them. If we learn we have collected personal information from a child under 13 without verifiable parental consent, we will delete it.

You are responsible for the accuracy of information you provide, safeguarding your sign-in methods, and activity under your account. Contact legal@certamind.com promptly if you suspect unauthorized use.

3. Acceptable Use

You agree not to:

Use the Service for another person without authorization;
Reverse-engineer, scrape, or extract test content, scoring logic, or norms data;
Interfere with the Service's security or availability or access it through unauthorized automated means;
Use the Service unlawfully or violate the rights of others.

4. Your Content and Assessment Data

You retain ownership of audio, responses, health-intake answers, and other content you submit ("Your Content"). You grant CertaMind a license to host, use, process, transcribe, analyze, and store Your Content as needed to provide, secure, maintain, and improve the Service, as described in our Privacy Policy.

Your Content may include voice recordings and other audio ("Voice Data") and health-related intake responses ("Health Data"). Voice Data may constitute biometric information under laws such as the Illinois Biometric Information Privacy Act, and Health Data may constitute consumer health data under laws such as the California Confidentiality of Medical Information Act and the Washington My Health My Data Act. By submitting this content, you consent to our collection, processing, and storage of it as described in these Terms and our Privacy Policy.

We may use de-identified or aggregated assessment and usage data for product analytics, validation, and research. We take reasonable measures to prevent re-identification, including of Voice Data. We do not use identifiable Voice Data or Health Data for research or to train models. If that changes, we will obtain separate, explicit consent before doing so.

5. Subscriptions and Billing

Paid features are billed through Stripe. Subscriptions renew automatically at the then-current price until canceled. Before your subscription starts, we will clearly disclose the recurring charge, billing frequency, and renewal terms, and obtain your affirmative consent. We will send a renewal reminder where required by law. You may cancel at any time through account settings or by emailing legal@certamind.com, effective at the end of the current billing period, with no cancellation fee. Fees are non-refundable except where required by law or stated otherwise at purchase. California and other residents may have additional cancellation and refund rights, which these Terms do not limit.

6. Intellectual Property

The Service—including its test designs, scoring methodology, software, content, and branding—is owned by CertaMind or its licensors and protected by intellectual-property laws. These Terms grant you a limited, personal, non-transferable license to use the Service for its intended purpose.

7. Third-Party Services

The Service relies on third-party providers for hosting, authentication, support, payment, transcription, and related functions. Our use of those providers is described in the Privacy Policy.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ASSESSMENT RESULTS ARE ACCURATE, COMPLETE, OR CLINICALLY VALID FOR ANY INDIVIDUAL. THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL EVALUATION.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERTAMIND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR A CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100 IF YOU PAID NOTHING.

10. Indemnification

You agree to defend, indemnify, and hold CertaMind harmless from claims arising from your violation of these Terms or misuse of the Service, to the extent permitted by law.

11. Termination

You may stop using the Service at any time. To request account deletion, contact legal@certamind.com. We may suspend or terminate access if you violate these Terms or if we discontinue the Service, with notice where reasonably practicable.

12. Governing Law and Dispute Resolution

These Terms are governed by California law, without regard to conflict-of-laws principles.

Agreement to Arbitrate. Except for claims eligible for small-claims court, you and CertaMind agree to resolve disputes arising from these Terms or the Service through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Each party waives a jury trial. Arbitration will take place in, or be based on evidence submitted from, San Mateo County, California.

Class Action Waiver. Proceedings will be conducted only on an individual basis, not as a class, consolidated, or representative action.

Opt-Out. You may opt out of arbitration by emailing legal@certamind.com within 30 days after first accepting these Terms, stating your name and that you opt out. Before starting arbitration or a small-claims action, contact us and attempt informal resolution for at least 30 days.

13. Copyright Complaints

To report claimed copyright infringement, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to legal@certamind.com.

14. Changes to These Terms

We may update these Terms. If we make material changes, we will provide notice, such as by email or an in-app notice, before they take effect. Continued use after the effective date constitutes acceptance where permitted by law.

15. General

If a provision is unenforceable, the remaining provisions stay in effect. These Terms and the Privacy Policy are the entire agreement concerning the Service. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets.

16. Accessibility

CertaMind is working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA; if you encounter an accessibility barrier, contact legal@certamind.com and we will work to address it.

17. Contact Us

CertaMind, Inc.
533 Airport Blvd
Burlingame, CA 94010
legal@certamind.com