Terms of Service
These Terms of Service (“Terms”) are an agreement between you and Behavioral Research Solutions LLC, a Texas limited liability company, through its EnsembleCoding™ service (“Service,” “we,” “us,” or “our”). The Service is provided by the LLC. Its members, managers, officers, employees, and agents act on its behalf and are not individually parties to this agreement. By affirmatively accepting these Terms during checkout, you agree to them on your own behalf or on behalf of the organization you are authorized to represent.
1. Eligibility & User Warranty
By using this Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the full legal authority to bind yourself or your employer to these Terms; and (c) your use of the Service does not violate any law or regulation.
2. Data Ownership & Prohibited Content
You retain your rights in your uploaded files and other inputs. You grant us a limited license to process, transmit, and store your content solely to provide the Service. You represent and warrant that you own your inputs or have all necessary rights and permissions to submit them for processing by us and the applicable third-party providers. You must not upload:
- Personally Identifiable Information (PII), Protected Health Information (PHI), classified information, or other sensitive data, even if you have permission to share it;
- Trade secrets or proprietary data you are legally barred from sharing;
- Content that violates third-party intellectual property or privacy rights.
We may remove or delete content we reasonably believe violates these requirements and may suspend or terminate access for violations.
As between you and us, you may use the analysis outputs, subject to these Terms, applicable law, third-party rights, and the applicable model providers' terms. To the extent we hold transferable rights in outputs generated for you, we assign those rights to you. Outputs may not be unique, and we do not guarantee that they qualify for copyright protection or are free of third-party claims. This permission does not transfer ownership of the Service or our underlying materials.
3. Third-Party LLM Disclaimer
The Service interfaces with third-party Large Language Model ("LLM") providers, which may include OpenAI, Anthropic, Google, and xAI, depending on the models used for your job. Their handling of content, including retention and use, depends on the applicable service, terms, and API configuration. You are responsible for reviewing and complying with the applicable providers' terms and usage policies before submitting content. Review their privacy notices as well. We do not guarantee the availability or accuracy of third-party models.
Provider terms: OpenAI, Anthropic, Google Gemini API, and xAI.
4. "AS-IS" WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE.
5. NO RELIANCE & OUTPUT RISKS
You acknowledge that LLMs are known to "hallucinate" (generate false information). You agree that you will not rely on Service outputs for medical, legal, financial, or other professional advice. You assume all risk for how you use or interpret the data provided by the Service.
You must not use the Service or its outputs for employment, housing, credit, insurance, legal, medical, or other high-stakes decisions affecting people's rights, safety, or access to essential services. Independently review and verify outputs before using them for any permitted purpose.
The Service is a research assistance tool. Its coding results are not validated psychological assessments, diagnoses, or evaluations of an individual. We do not guarantee research validity, coding reliability, reproducibility across models or dates, statistical significance, or acceptance by a journal, institution, or regulator. You are responsible for selecting appropriate methods, validating results, and accurately describing AI assistance in your work.
Before uploading research data, you must obtain any required participant permissions, institutional authorization, and ethics committee or institutional review board (IRB) approval, including authorization for cloud and third-party AI processing where applicable. These approvals do not permit uploading data prohibited by these Terms.
6. DATA LOSS & BACKUP
We are not a data storage service. You are solely responsible for maintaining backups of your CSVs and query results. We shall have no liability for any deletion, corruption, or failure to store any content or other communications maintained or transmitted by the Service.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEHAVIORAL RESEARCH SOLUTIONS LLC, ITS AFFILIATES, AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR RESEARCH OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THESE PARTIES, COLLECTIVELY, FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $10, WHICHEVER IS GREATER, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, OR ANOTHER LEGAL THEORY.
These exclusions and limits do not apply to fraud, willful misconduct, or any liability that cannot lawfully be excluded or limited. Nothing in these Terms waives mandatory consumer protections or other non-waivable rights. The individuals and entities identified in this section are intended third-party beneficiaries of its protections.
8. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend and indemnify Behavioral Research Solutions LLC, its affiliates, and their members, managers, officers, employees, and agents against third-party claims, damages, and reasonable legal expenses arising from your unlawful uploads, infringement of third-party rights, or breach of these Terms. This obligation does not extend to losses caused by an indemnified party's own negligence, fraud, willful misconduct, or violation of law.
We will promptly notify you of a claim for which we seek indemnification and reasonably cooperate with the defense. You may not settle a claim in a way that admits fault by an indemnified party or imposes obligations on it without its written consent. These indemnified parties are intended third-party beneficiaries of this section.
9. PAYMENTS & REFUNDS
The current Service charges per analysis, with payment collected upfront through Stripe. Purchases are one-time payments, not subscriptions, and do not automatically renew. The estimated charge is displayed before you proceed to checkout, and the final amount, including applicable taxes, is shown in Stripe checkout before you pay. You are responsible for applicable taxes.
You may leave checkout before paying. After payment, you may request cancellation using the job monitor's Cancel Job control when available; processing may already have occurred, and cancellation does not guarantee a refund. Fees are non-refundable except where required by applicable law or expressly agreed by us in writing. For a billing error or refund request, email behavioralresearchsolutions@gmail.com with the job or payment reference. Do not send payment card details.
Price changes will be displayed before you purchase a new analysis and will not change the price of an analysis you have already paid for. If we introduce subscriptions, we will disclose the billing interval, automatic renewal, cancellation method, refund rules, and advance notice of price changes before you enroll, and obtain any required consent.
10. TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.
11. GOVERNING LAW & DISPUTE RESOLUTION
Texas law governs these Terms, without regard to conflict-of-law rules, except where mandatory applicable law requires otherwise. Before filing a claim, contact behavioralresearchsolutions@gmail.com with a description of the dispute and the relief requested. Both parties will attempt in good faith to resolve the dispute for 30 days after receipt. This process does not prevent urgent court relief or require a party to miss a legal filing deadline.
If the dispute remains unresolved, either party may bring a claim in a state or federal court of competent jurisdiction in Texas, including an appropriate small claims court. Both parties consent to those courts, except where applicable law gives you a non-waivable right to another forum. These Terms do not require arbitration.
12. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
13. ACCEPTABLE USE
You must not use the Service for unlawful, harmful, fraudulent, or deceptive purposes, or upload content you have no lawful right to submit. You must not scrape or extract Service content through unauthorized automated means; reverse engineer, decompile, or attempt to discover the Service's source code or underlying systems, except where applicable law permits; circumvent rate limits, payment requirements, access controls, or other restrictions; or interfere with the Service's operation or security. Downloading your own results through the provided controls is permitted.
14. SERVICE OWNERSHIP & LIMITED LICENSE
Behavioral Research Solutions LLC and its licensors retain ownership of the Service and its software, Service-provided prompts and templates, methods, trademarks, and documentation, including associated intellectual property rights. This does not affect your rights in your inputs or outputs described above.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its intended purposes. No other rights in the Service are granted. This license ends when your access is terminated.
15. CHANGES TO THESE TERMS
We may update these Terms. For material changes, we will provide notice through the Service or by email before the changes take effect, identify the effective date, and give you an opportunity to review the revised Terms before further use. If a change must take effect sooner to meet a legal requirement or address an urgent security issue, we will provide notice as soon as practicable. We will obtain renewed acceptance where required by applicable law. If you do not agree to the revised Terms, stop using the Service before they take effect.
16. CONTACT
For questions about these Terms or billing, contact Behavioral Research Solutions LLC at behavioralresearchsolutions@gmail.com.