Terms of Service

1. Acceptance of Terms

By visiting mindbenchmark.com (the “Service”), operated by MindBenchmark and its owners, operators, and contributors (“we,” “us,” “our”), you accept these Terms of Service and our Privacy Policy. We may update these terms at any time; continued use after changes means you accept the revised terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18 (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

3. Nature of the Service

The Service offers free, browser-based cognitive and reflex tests for entertainment and educational purposes only. The Service is not a medical device, clinical assessment, diagnostic tool, psychological evaluation, or substitute for professional advice. See our Disclaimer for details on the limits of test accuracy and intended use.

4. Acceptable Use

You agree not to:

• Use automated systems (bots, scripts, scrapers) to interact with the Service;
• Attempt to reverse engineer, decompile, or extract source code except as expressly permitted by law;
• Interfere with, disrupt, or place unreasonable load on the Service or its infrastructure;
• Use the Service to harass, harm, defraud, or deceive any person, or to distribute malware;
• Misrepresent test results, fabricate scores, or use the Service in a manner that violates any law or third-party rights;
• Frame, mirror, or rehost significant portions of the Service without consent.

5. User-Generated Content

The Service allows you to generate and share “challenge links” that encode your test score in a URL. By sharing a challenge link, you represent that the score was produced by your good-faith use of the Service and consent to the public display of that score to anyone who opens the link. You grant us a worldwide, royalty-free, non-exclusive license to host, cache, and display any content you submit or make publicly accessible through the Service.

6. Intellectual Property

The Service, including all test designs, code, text, graphics, the “MindBenchmark” name and logo, and related branding, is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, revocable license to access and use the Service for personal, non-commercial purposes. No other rights are granted. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without our prior written consent.

7. Third-Party Services

The Service uses third-party services, including Google Analytics, Vercel (hosting and analytics), and IndexNow (search engine indexing). The Service may also contain links to third-party websites or resources. We are not responsible for the content, policies, or practices of any third-party service or site, and your interactions with them are governed by their own terms.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION.

Test scores, percentiles, tier labels, and benchmarks displayed on the Service are estimates and may vary based on device, browser, network latency, environment, and population. We do not guarantee the accuracy, reliability, or clinical validity of any result. See our Disclaimer for further detail.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MINDBENCHMARK AND ITS OWNERS, OPERATORS, CONTRIBUTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) ANY RELIANCE PLACED BY YOU ON TEST RESULTS, PERCENTILES, OR OTHER INFORMATION OBTAINED FROM THE SERVICE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

10. Indemnification

You agree to indemnify, defend, and hold harmless MindBenchmark and its owners, operators, contributors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, your right to use the Service will end immediately. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

12. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue in those courts. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect.

13. Changes to the Terms

We may revise these Terms from time to time. The “Last updated” date above reflects the effective date of the current version. Material changes will be communicated via the Service. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Email contact@mindbenchmark.com.