Effective Date: September 10, 2025

1. Acceptance of Terms

By creating an account, accessing, or using the myBehaviorally web applications, Behaviorally.com websites, Application Programming interfaces (“APIs”), or related services (collectively, the “Service”), you agree to these Terms of Use and any applicable laws and regulations between you (and the entity you represent, if any) and Behaviorally, Inc. (“Behaviorally”). If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

If you or your company has a separate agreement with Behaviorally (e.g. an MSA, Order Form, or SOW), that agreement controls to the extent of any of its terms conflict with these Terms of Use.

2. Eligibility and Accounts

In order to use the Services, you represent the following:

You are at least 18 years old;

• You have provided accurate registration details and agree to keep them current.
• You are responsible for all activity under your account and you will maintain the confidentiality of credentials and multi-factor authentication.
• You authorize us to rely on your identity provider for authentication for single sign-on (“SSO”). Misuse of SSO or sharing accounts is prohibited.

3. Access Rights and Use Restrictions

3.1. License

Subject to these Terms and the applicable Order Form (if any), Behaviorally grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the Term. Licenses cannot be used by or transferred to any person or entity other than you or your organization.

3.2. Prohibited Use

You will not (and will not permit anyone to):

• Reverse engineer, decompile, or attempt to derive source code (except for the extent permitted by law);
• Bypass or interfere with security or usage limits, probe or scan systems, or impose unreasonable load;
• Use the Service to develop competing services, train models (except as expressly permitted), or benchmark for public disclosure without our prior written consent;
• Upload or process content that is unlawful, infringing, misleading, harmful, or that violates third-party rights or export controls; and/or
• Misrepresent your identity, user permissions, or data provenance.

Behaviorally may suspend or limit access if it reasonably believes you violated these Terms or present a security, legal, or operational risk.

4. Customer Content & Data

4.1. Definitions

• “Customer Content” means data, files, images (including packaging designs and product photography), text, prompts, labels, and other content you or your users submit to or process with the Service.
• “Outputs” mean model predictions, metrics, heatmaps, scorecards, analytics, design insights, consultation decks and other results generated by the Service based on Customer Content.

Behaviorally will comply with all legal and regulatory compliance standards including GDPR, CCPA, ISO/IEC 27001:2022 (Information Security Management), ISO 9001:2015 (Quality Management System), ISO 20252:2019 (Market Research).

 

4.2. Ownership and License

You retain all rights in your Customer Content. You grant Behaviorally a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Content to provide, secure, support, and improve the Service for you (including quality, performance, and reliability improvements), and as otherwise permitted by your Order Form and Privacy Notice. We do not sell Customer Content.

4.3. Your Responsibilities and Warranties

You represent and warrant that you have obtained all rights and consents necessary to submit Customer Content to the Service and to grant the rights above, and that your use complies with all applicable laws and third-party rights (IP rights in packs and brand assets). You are solely responsible for the accuracy, quality and legality of Customer Content and data subject to notices where required.

4.4. Data Retention and Deletion

During the Term, you may export Customer Content and Outputs through the Service (subject to technical limits). Upon termination or upon written request, we will delete or return Customer Content within 30 business days, unless we must retain it under law, to enforce our agreements, or for backup/archival purposes (which are subject to standard retention cycles).

5. AI Features and Outputs

5.1. Non-Determinism and Human Review

AI features may produce non-deterministic Outputs and may occasionally be incomplete, inaccurate, or reflect bias. You are responsible for evaluating Outputs and for decisions made using them. Do not rely on Output for safety-critical, medical, legal, or other high-risk uses unless you have independently verified them and implemented appropriate human review and safeguards.

5.2. Use of Third-Party Models and Providers

AI features may leverage third-party AI services as processors. Processing is governed by our agreements with those providers. We implement technical safeguards and engage approved Subprocessors to protect Customer Content when processed by them. A list of Subprocessors is provided in our AI policy.

5.3. Feedback and Tuning

If you provide feedback or labels on Outputs, you grant Behaviorally a worldwide, perpetual, irrevocable license to use the feedback to improve the Service for you and other customers, provided we do not identify you or your Confidential Information without your consent. If any customer-specific tuning is performed, it will be governed by an Order Form and, unless otherwise agreed, is limited to your use.

6. Privacy and Data Protection

We process limited personally identifiable data (e.g. name, email, audit logs) to operate the Service. Our Privacy Policy explains our practices and our regulatory, privacy laws and industry data security compliance standards.

7. Security

We maintain administrative, physical, and technical safeguards designed to protect the Service and Customer Content, consistent with industry standards and our security documentation. You agree to provide appropriate security and access controls, including least privilege access, SSO enforcement (where available), and timely de-provisioning. You agree to notify us of any suspected unauthorized access or security incident within 24 hours of learning of such access or incident.

8. Third-Party Services and Integrations

The Service may interoperate with third-party services (e.g. SSO, security, storage, analytics, CRM). Your use of third-party services is governed by those third parties’ terms and privacy practices. We are not responsible for third-party services or for how they handle your data.

9. Fees, Billing, and Taxes

Paid features or subscriptions are billed as stated in the Order Form or Pricing Page. Fees are non-refundable except as required by law or expressly stated. You are responsible for taxes, duties, and withholdings. Behaviorally reserves the right to suspend the Service for unpaid amounts.

10. Payment Processing

We process card transactions on our website. All credit card transactions on this website are processed securely through Stripe, a third-party payment processor.

10.1. Secure Transactions

Your payment information is encrypted and transmitted directly to our payment provider over a secure connection. Our systems are PCI-DSS compliant and designed to protect your personal and financial information.

10.2. No Card Storage

For your security, this website does not retain, record, or store your credit card number, CVV, or expiration date on our servers. All sensitive payment data is handled exclusively by the payment processor.

10.3. Authorization of Charges

By submitting your payment information, you authorize us and our third-party processor to charge the total amount of your purchase, including applicable taxes, fees, or shipping costs.

10.4. Disputes and Chargebacks

If you have questions or disputes regarding a transaction, please contact us first. You may also have rights to dispute a charge directly with your credit card issuer under their policies.

10.5. Refunds

All fees are non-refundable.

10.6. Payment Processing Limitation of Liability

We are not responsible for any errors, delays, or failures in credit card processing that are caused by the third-party payment provider, internet issues, or factors outside of our reasonable control.

11. Trials, Beta, and Pre-Release Features

Trials and beta features are provided “As-Is,” without warranties or service credits and may be changed, limited, or discontinued at any time. Usage limits and access may differ from generally available features.

12. Intellectual Property

Behaviorally and its licensors own all rights, title, and interest in and to the Service, software, methods, and underlying models, including all enhancements and derivatives. Except for the rights expressly granted, no licenses are granted by implication or otherwise. You may use our trademarks only in accordance with our brand guidelines and with prior written permission.

13. Confidentiality

“Confidential Information” means information disclosed by either party that is marked confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure (including Customer Content, product plans, security information, and pricing). The receiving party will use the same degree of care it uses to protect its own similar confidential information (and at least reasonable care) and will not use or disclose Confidential Information except as permitted by these Terms. Exclusions apply for information that is public without breach, known without restriction, independently developed, or rightfully received from a third party. We may disclose Confidential Information as required by law with notice where legally permitted.

14. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE, OUTPUTS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.

15. Limitation of Liability

Behaviorally is not liable for any damages resulting from your use of or inability to use the site or Service. This includes, without limitation, indirect, incidental, or consequential damages.

16. Indemnification

You will defend, indemnify, and hold harmless Behaviorally, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) Customer Content; (b) your use of the Service in breach of these Terms or applicable law; or (c) your infringement or misappropriation of any third-party rights.

17. Export, Sanctions, & Anticorruption

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country subject to comprehensive sanctions, and you are not listed on any restricted party list. You will comply with applicable export control, sanctions, and anticorruption laws and will not directly or indirectly transfer the Service or related technology in violation of such laws.

18. High Risk Use

The Service is not designed for use in hazardous environments or for life-support, medical, or safety critical systems where failure could result in death, personal injury, or severe environmental damage. You must not use the Service for such purposes.

19. Term, Termination, & Suspension

These Terms begin when you first use the Service and continue until terminated. Behaviorally party may terminate the Service in the event of a material breach of these Terms of Use.  Upon termination, your access will cease and Sections 4.2, 4.4, 5, 6, 7, 11–17, 19–22 survive.

20. Changes to the Service & Terms

We may modify the Service and these Terms of Use from time to time. Material changes will be notified via the Service, email, or release notes. Changes take effect upon posting or on the stated effective date. If you continue using the Service after the effective date, you accept the changes.

21. Notices

Notices to Behaviorally must be sent to [legal@behaviorally.com] with a copy to 500 Frank W Burr Blvd, Suite 5, Teaneck, NJ 07666. Notices to you may be provided via the Service, email to your account email, or your billing contact.

22. Governing Law & Venue

These Terms are governed by the laws of State of Delaware, United States, excluding its conflict of laws rules. The parties submit to the exclusive jurisdiction and venue of the courts located in the state of New Jersey (or, if you agree, binding arbitration per [Arbitration Rules]). The U.N. Convention on Contracts for the International Sale of Goods does not apply.