Last Updated: March 2026
Website: brainyact.com
Operated by: Kinuu / Activarium, Inc.
Welcome to BrainyAct®
1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the BrainyAct website, services, software platform, telehealth services, assessments, and related programs (collectively, the "Services") provided by Kinuu / Activarium, Inc. (“Kinuu”, "BrainyAct," "we," "us," or "our").
By accessing or using BrainyAct services, you agree to be bound by these Terms.
If you are using BrainyAct on behalf of a child or dependent, you confirm that you are the legal parent or guardian and have authority to agree to these Terms on their behalf.
In addition to this document, the Privacy Policy and the Notice of HIPAA Privacy Practices describe how we collect, use, and disclose personal information from you, and the Consent to Telemedicine Services (which applies to certain services within BrainyAct for movement training and foundational skill development) confirms your informed consent to receive any aspects of the Services that are considered telemedicine. Each of the Privacy Policy, the HIPAA Notice of Privacy Practices, and the Consent to Telemedicine Services form a part of these Terms, and we refer to all four documents as the “Agreements.” Please read each of the Agreements carefully as they contain important information about your legal rights. By accessing or using the Services, you agree to be bound by each of these Agreements.
These Agreements constitute a binding legal agreement between you and Kinuu, and its affiliates and subsidiaries, (“BrainyAct,” “we,” or “us”). If you are accessing or using the Services or inputting information because you have been authorized to help another person do so, these Agreements constitute a legally binding agreement between Kinuu and both the helper and the person being helped. You represent and warrant that you have the right, authority, and capacity to enter into these Agreements.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE AGREEMENTS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. IN ADDITION, IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION, AS DESCRIBED IN THESE AGREEMENTS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS OR USE THE SERVICES UNLESS YOU ARE WILLING AND ABLE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE AGREEMENTS.
We may change or replace any terms of these Terms, the Privacy Policy, and the Notice of HIPAA Privacy Practices prospectively, at any time and for any reason at our discretion. We will post the most recent version of these Agreements on our Sites and in the Apps, and any changes to these Agreements will become effective when posted. You are responsible for checking these Agreements periodically for changes. If we change or replace any terms of these Agreements in a manner that meaningfully reduces your rights, we will notify you and designate a reasonable time before the new terms will take effect. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated terms. If you disagree with any changes, you should stop using the Services.
If you accept these Agreements but later decide that you want to terminate your account, please contact Customer Support at hope@kinuu.com, and we will verify and complete your request.
2. Description of BrainyAct Services
Our Services include the BrainyAct Programs, the Apps, the Sites, and all related services and features provided by us.
BrainyAct provides a technology-enabled neurological training program designed to support motor coordination, sensory processing, attention, and related developmental functions.
As part of the Services, we offer the BrainyAct Programs, which are digitally based health care programs for people living with neurodevelopmental challenges. Services may include movement-based neurological training exercises, telehealth sessions and caregiver coaching, remote therapeutic monitoring, parent education resources, online assessments and progress tracking, digital platform access, clinic-based, or home-based therapy programs, and assistive technology tools.
We offer the BrainyAct Programs to certain individuals that meet any applicable condition-specific clinical criteria that we have established for enrollment or for specific features. We deliver the BrainyAct Programs through the Apps and our Sites. Our Services may include, without limitation:
Access to information, text, graphics, photos, audio, video, resources, or other materials appearing in the BrainyAct Programs, in the Apps, on the Sites, or in any aspect of the Services (the “Content”), including educational Content relevant to your health goals;
The ability to create, upload, transmit, display, and access User submitted content
The ability to interact with our relevant personnel, including our support teams, and for individuals enrolled in the BrainyAct Programs, certain professionals on our care teams (the “Care Teams”), which can include health coaches, clinical specialists, physical activity specialists, licensed BCBA, RBT therapists, and other professionals, as applicable;
For certain of the BrainyAct Programs, the ability to participate in one or more online communities and to interact with other BrainyAct Members in connection with your health goals;
For certain individuals enrolled in BrainyAct at home or in the clinic, the ability to participate in secure, synchronous video consultations with professionals from our Care Teams;
The ability to request aspects of your health information to share with other healthcare providers, friends, or family so that they can understand how you use the BrainyAct Programs;
The ability to interact with Generative AI Features (as defined below) in order to access information about movement-based training (including goals, education information, techniques and outcomes), to assist you in tracking exercises or other goals, engage with its motivational interviewing capabilities, or otherwise enhance your experience; and
Access to other information about us and our products and services through the Sites and any other features, content, or applications that we may offer from time to time.
3. Eligibility
BrainyAct services are intended for individuals who meet program participation criteria, complete the BrainyAct intake process, and have parent or guardian consent when required. Some services may require screening or clinician approval before participation. BrainyAct reserves the right to determine program eligibility. For minors: a parent or guardian must create or authorize the account, they must consent to participation, and the parent/guardian assumes responsibility for supervising the use of Services.
4. Not Medical or Diagnostic Advice
BrainyAct assessments and exercises are designed to support functional skill development and neurological training. BrainyAct services are not diagnostic tools, do not replace medical care, and do not provide medical diagnosis or treatment.
Participation in BrainyAct does not establish a physician–patient relationship. Families should consult their physician or licensed healthcare provider for medical concerns.
Certain BrainyAct services may use motion-tracking technologies including cameras, movement sensors, wearable devices, or exercise equipment.
These technologies may capture movement patterns or activity performance in order to operate interactive exercises, provide real-time feedback, generate performance metrics, and track training progress.
Motion tracking data is used solely to operate and improve the BrainyAct platform and is not intended for medical diagnosis or clinical evaluation.
BrainyAct may provide assessments that evaluate performance in areas such as coordination, balance, timing and rhythm, reaction speed, and visual-motor skills.
Assessment scores, reports, and progress indicators are intended for informational and training purposes only and should not be interpreted as medical or psychological evaluations.
THE SERVICES ENABLE BRAINYACT MEMBERS TO ACCESS THE CONTENT AND TO INTERACT WITH OUR CARE TEAMS AND SUPPORT TEAMS. IN CERTAIN INSTANCES, CARE TEAM MEMBERS WITH PROFESSIONAL LICENSES IN RELEVANT CLINICAL AREAS MAY DELIVER TO YOU ASPECTS OF THE BRAINYACT PROGRAMS THAT REQUIRE SUCH A LICENSE UNDER APPLICABLE LAW (“LICENSED SERVICES”).
ASIDE FROM THOSE ASPECTS OF THE BRAINYACT PROGRAMS THAT ARE LICENSED SERVICES, WE DO NOT PROVIDE ANY MEDICAL ADVICE OR MEDICAL TREATMENT. THE CONTENT AND ANY INFORMATION PROVIDED BY OUR PERSONNEL OTHER THAN THE LICENSED SERVICES (SUCH AS SUPPORT SERVICES, TECH SUPPORT OR INFORMATIONAL CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF MEDICAL TREATMENT, THERAPY, DIET, EXERCISE, OR TREATMENT FOR ANY NEURODEVELOPMENTAL CHALLENGE, OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. THE SERVICES ARE DESIGNED TO COMPLEMENT THE TREATMENT PLANS PROVIDED BY YOUR OWN PHYSICIAN OR QUALIFIED HEALTH PROVIDER - NOT TO REPLACE IT.
TO THE EXTENT THAT, IN ADDITION TO THE SERVICES YOU RECEIVE FROM US, YOU ALSO RECEIVE MEDICAL CARE FROM ANOTHER PARTY (INCLUDING ANY PROVIDER THAT MAY PROVIDE A REFERRAL FOR OUR SERVICES), THAT MEDICAL CARE IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY US. YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS, TREATMENT, OR THERAPY IN CONNECTION WITH THAT MEDICAL CARE, INCLUDING WITHOUT LIMITATION, ANY LEGALLY REQUIRED CONSENT TO USE TELEMEDICINE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT OR THERAPY, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN FROM THIRD PARTIES IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.
5. Telehealth Services
Certain BrainyAct services may be delivered via telehealth technology, these include remote monitoring, messaging, video consultations, and weekly training sessions. By participating in telehealth services, you acknowledge that healthcare services may be delivered remotely, telehealth uses electronic communication technologies and that technical disruptions may occur. Telehealth may not be appropriate for all situations and certain limitations exist compared to in-person care. You will be asked to complete a telehealth consent document as required by law.
The Services are for non-emergency purposes only. WE DO NOT CARRY EMERGENCY OR TIME- CRITICAL COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE. THE SERVICES DO NOT REPLACE 911, YOUR PERSONAL HEALTH CARE PROVIDERS, ADVICE NURSES, OR OTHER EMERGENCY ASSISTANCE.
6. User Accounts
To access certain features, users may create an account on the BrainyAct platform. Users agree to provide accurate information, maintain account confidentiality, and notify BrainyAct of unauthorized access. Parents or guardians are responsible for supervising children's use of the platform. As a condition of enrolling in a BrainyAct Program, you will be required to register with us and to submit information to us either through the Apps or the Sites (or in some cases, by video or audio or by phone). You represent and warrant that all information that you submit to us is complete, accurate, and truthful. If you allow a third party to assist you in providing any information to us, including in registering or applying for a BrainyAct Program, you represent and warrant that you have reviewed that information and confirmed that it is complete, accurate, and truthful prior to its submission. If our support teams or other employees or agents that we provide assist you in providing any information to us, including in registering or applying for an BrainyAct Program, you represent and warrant that you will review that information and confirm that it is complete, accurate, and truthful immediately after any summary is made available to you. You also agree to maintain the information that you submit to us (or that any third party submits on your behalf) and to update it promptly for any changes. Failure to keep your information current will constitute a breach of these Agreements, which may result in immediate termination of your account.
7. Participation Responsibilities
Successful participation in BrainyAct programs requires consistent engagement, following training guidelines, completing recommended sessions, maintaining equipment properly, and participating in caregiver coaching when applicable. Testimonials are based on members’ real experiences and individual results. We do not claim that these are typical results that members will achieve. Results may vary based on participation level and individual factors. Our most successful progress comes from completing at least 41 sessions over a four-month period.
8. Epilepsy Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to your use of Kinuu software or hardware. We advise parents to monitor the use of video games by their children. If you or your child experience any of the following symptoms while playing a video game, immediately discontinue use of the video game and consult your doctor: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement and/or convulsion.
9. Program Results Disclaimer
BrainyAct programs are designed to support developmental progress through structured neurological training. Individual outcomes vary and no specific outcomes are guaranteed. Potential improvements may include motor coordination, attention and regulation, sensory processing, and functional daily skills.
WARRANTY DISCLAIMER
THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. KINUU, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR THE SERVICES (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, COMPLETENESS, OR USEFULNESS THE CONTENT OR THE SERVICES AND (II) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, THE LIMITATIONS ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. Intellectual Property
All BrainyAct content is protected by intellectual property laws including software, exercise protocols, assessments, educational materials, graphics and branding, and algorithms. Users may not reproduce or distribute BrainyAct materials without written permission.
The Site, the Apps, the BrainyAct Programs, all other aspects of the Services, and the Content are solely Kinuu’s property. The Services and the Content are protected under U.S. and international intellectual property laws, including copyright, trademark, patent, and trade secret protections, as well as other laws. Consistent with User submitted content, Kinuu does not claim ownership of User Submissions, and User Submissions will not be considered Content for purposes of this paragraph only.
Subject to your compliance with these Agreements, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access our Site, download and use the Apps, and use the BrainyAct Programs and other aspects of the Services. All rights in and to the Services that we have not expressly granted in these Terms are hereby reserved and retained by us. You agree to abide by all copyright notices, information, and restrictions contained in the Services and any Content. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services, any Content, any third-party submissions, or any other proprietary rights or other valid rights not owned by you without the consent of the respective owners or in any other way that violates any third-party right.
11. Acceptable Use
Users agree not to misuse the BrainyAct platform, attempt to access restricted systems, reverse engineer software, share account access without permission, or use the platform for unlawful purposes.
12. Privacy
Your use of BrainyAct services is also governed by our Privacy Policy and HIPAA Notice of Privacy Practices, which explain how we collect and protect personal information.
13. Equipment and Technology
Some BrainyAct programs may include equipment or digital tools. Users agree to use equipment as instructed and maintain safe use conditions. BrainyAct is not responsible for damage resulting from improper use.
14. Service Availability
BrainyAct services may change over time. We may modify services, update the platform, or add or remove features. We strive to maintain reliable service but cannot guarantee uninterrupted access.
15. Limitation of Liability
IN NO EVENT SHALL ANY BRAINYACT PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR THE CONTENT: (A) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR FOR ANY SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT; OR (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINYACT SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, SERVICE INTERRUPTIONS, OR INDIVIDUAL PROGRAM OUTCOMES. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES IN THE PRECEDING 12 MONTHS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless the BrainyAct Parties from all liabilities, claims, losses, damages, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of the Services or the Content; (b) your provision of any User Submissions or other data to any BrainyAct Party; (c) your breach of these Agreements; (d) your violation or alleged violation of any applicable foreign or domestic federal, state or local laws, rules, and/or regulations; or (d) any infringement or alleged infringement by you or any third party using your account of any intellectual property right or other right of any person or entity. BrainyAct reserves the right to assume the exclusive defense and control of any matter subject to this indemnification, in which case you agree to assist and cooperate with BrainyAct in asserting any available defenses.
17. Changes to Terms
BrainyAct may update these Terms periodically. Updated Terms will be posted on brainyact.com with a revised effective date. Continued use of the services constitutes acceptance of the updated Terms.
18. Governing Law and Dispute Resolution
A printed version of these Agreements and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to these Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Agreements shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law rules, and the laws of the United States of America. For all purposes of these Agreements, the parties’ consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Minneapolis, St. Paul Minnesota or in a state court in the County of Hennepin, Minnesota.
Any dispute arising from or relating to the subject matter of these Agreements shall be finally settled by binding arbitration in Hennepin County, Minnesota, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered into a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement. Notwithstanding the arbitration provisions, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
Use of the Services is not authorized in any jurisdiction that does not have effect to this Section or any other provisions of these Agreements.
19. Digital Millennium Copyright Act Policy
If you have evidence, know, or have a good-faith belief that your rights or the rights of a third party have been violated, and you want us to remove, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Attn: Copyright Agent
BrainyAct by Kinuu
915 Main Street
Hopkins, MN 55343
hope@kinuu.com
20. Contact Information
BrainyAct by Kinuu
Email: hope@kinuu.com
Website: brainyact.com