Terms of service
Last updated: September 15, 2025
These Terms of Service ("Terms") govern your use of the Activity Card Sort 3: Participation in Daily Life (ACS3) digital assessment platform ("Service") provided by BrightOutcome Inc. ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.
1. Definitions
"Professional User" means healthcare providers, researchers, educators, or other qualified professionals who create accounts and administer ACS3 assessments.
"Participant" means individuals who complete ACS3 assessments administered by Professional Users.
"Assessment Data" means all data collected during ACS3 assessment sessions, including activity participation responses, priorities, barriers, and questionnaire responses.
2. Service Description
ACS3 is a digital assessment tool that measures daily activity participation through activity cards administered in three modes: direct professional administration, mobile device via QR code, or remote completion via email link. The Service includes optional PROMIS-29 and PROMIS Global Health questionnaires from HealthMeasures and provides automated scoring, reporting, and goal-setting features.
3. User Accounts and Eligibility
3.1 Professional Users
Professional Users must create accounts to access the Service. You must be at least 18 years old and have legal authority to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials. Professional User accounts are non-transferable and cannot be shared. Each professional user requires their own user account.
3.2 Participants
Participants do not create accounts with us. The Service is intended for adults 18 years and older. Use with minors requires appropriate institutional approval and parental consent per applicable regulations. All Participant data is associated with and controlled by the administering Professional User.
4. Subscription and Billing
4.1 Subscription Plans
Professional and Academic Training versions are available with monthly or annual billing. Pricing is based on the number of Professional User accounts created in ACS3. Annual subscriptions receive substantial discounts over monthly billing.
4.2 Payment Terms
Subscription fees are charged at the beginning of each billing period. Payment is typically processed via credit card, though alternative payment methods may be arranged for enterprise customers. All fees are non-refundable. Subscriptions automatically renew unless cancelled. For annual subscriptions, we will notify you via email 30 days before renewal with the renewal amount.
4.3 Cancellation
You may cancel your subscription at any time. 30 days advance notice is required for cancellation. You retain full access through the end of your paid subscription period. No partial refunds will be provided for unused portions of subscription periods.
5. Data Ownership and Use
5.1 Assessment Data Ownership
Professional Users own the Assessment Data they collect through the Service. Participants retain rights to their personal information as provided by applicable privacy laws. BrightOutcome owns the ACS3 platform, software, methodology, and related intellectual property.
5.2 Data Retention
Assessment Data is retained while your subscription remains active. Upon subscription termination, you have 30 days to download your data in CSV format. After the 30-day grace period, individual-identifiable records are deleted. We may retain de-identified, aggregated data for internal research purposes.
5.3 Research Use
We may use properly de-identified, aggregated Assessment Data for internal research to improve our services and advance occupational therapy research. No individual identification is possible from such aggregated data. This research use helps enhance the effectiveness of our assessment tools.
6. Intellectual Property
6.1 BrightOutcome Rights
The Service, including all software, content, and trademarks, is owned by BrightOutcome. The ACS3 methodology is licensed from Washington University. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service per your subscription.
6.2 Professional User Rights
You may use ACS3 results for your intended clinical, research, or educational purposes. You are encouraged to cite ACS3 in publications with proper attribution. Proper attribution should include reference to "Activity Card Sort 3: Participation in Daily Life (ACS3)" and BrightOutcome Inc. in Buffalo Grove, IL.
6.3 Restrictions
You may not reverse-engineer, copy, modify, or redistribute the Service. You may not use BrightOutcome trademarks without written permission. You may not access the Service beyond your subscription limits.
7. Acceptable Use and Prohibited Activities
You agree not to use the Service for any illegal purpose or in violation of applicable laws, attempt to breach security measures or access unauthorized data, share your login credentials with others, use the Service in a manner that could damage, disable, or impair our systems, reverse engineer, decompile, or attempt to extract source code, or use the Service beyond the scope of your subscription.
8. Professional User Responsibilities
8.1 Compliance
You are responsible for ensuring your use complies with applicable healthcare regulations (including HIPAA where applicable). You must obtain all necessary consents from Participants. You are responsible for the accuracy of information you provide.
8.2 Participant Management
You are responsible for all activity under your account. You must ensure Participants understand relevant terms regarding their data. You are the primary point of contact for Participant questions about their Assessment Data.
9. Support Services
9.1 Support Availability
Technical support is available via email during business hours (9:00 AM - 5:00 PM Central Time). Support issues are prioritized based on severity levels.
9.2 Response Time Commitments
Level 1 (Application Down) issues receive initial response within 4 business hours. Level 2 (Serious Degradation) issues receive response within 1 business day. Level 3 (Moderate Impact) issues receive response within 3 business days. Level 4 (Low Impact or Inquiry) issues receive response within 5 business days.
9.3 Support Standards
We will make commercially reasonable efforts to meet these response times. Response times refer to initial acknowledgment, not resolution times. In the event of extended service disruptions, we will provide regular updates on resolution progress.
10. Service Availability
While we strive to maintain high service availability, we do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. The Service is provided "as is" without warranties of any kind.
11. Account Transfers and Organizational Changes
11.1 Account Transfers
Accounts are non-transferable between organizations without our written consent. Transfers due to corporate mergers, acquisitions, or reorganizations are permitted with 30 days advance notice and appropriate documentation.
11.2 Organizational Changes
You must notify us within 30 days of significant organizational changes. Subscription terms remain in effect unless modified by written agreement.
12. Geographic Availability
The Service is available where legally permitted. You are responsible for ensuring your use complies with applicable local, state, and federal laws in your jurisdiction.
13. Privacy and Data Security
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. Our Privacy Policy is incorporated into these Terms by reference.
14. Disclaimers and Limitation of Liability
14.1 Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Service will be error-free or uninterrupted.
14.2 Limitation of Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM OR $5,000. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. You acknowledge that clinical decisions should not be based solely on ACS3 results. We are not responsible for the accuracy of Assessment Data or its clinical interpretation.
15. Termination
15.1 Termination by You
You may terminate your subscription as described in Section 4.3. Upon termination, these Terms remain in effect for data retention and other surviving provisions.
15.2 Termination by Us
We may suspend or terminate your access for violation of these Terms. We may terminate the Service with 30 days notice. Upon termination, you have 30 days to download your Assessment Data.
16. Modifications to Terms
We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms on our website. Changes to pricing or material terms will only apply to new subscriptions or renewals after the effective date of such changes. Your continued use after such changes constitutes acceptance of the updated Terms.
17. Dispute Resolution
17.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
17.2 Arbitration
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association, except for claims involving intellectual property rights, claims for injunctive or equitable relief, and claims that may be brought in small claims court.
17.3 Class Action Waiver
You agree that disputes will be resolved individually and waive any right to participate in class action lawsuits.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrightOutcome regarding the Service.
18.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
18.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
18.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
19. Contact Information
For questions about these Terms, please contact us:
BrightOutcome Inc.
1110 Lake Cook Road, Suite 167
Buffalo Grove, IL 60089
Email: acs3@brightoutcome.com
For technical support, please use the support channels available through your Professional User account.
By using the ACS3 Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.