TMB CogSci Toolkit Terms & Conditions

TestMyBrain is a digital research platform supported by McLean Hospital and the 501c3 nonprofit Many Brains Project, Inc. (“Many Brains”). Many Brains provides software and technical support for a set of free and accessible tools that includes the TestMyBrain Cognitive Science Toolkit (the “Toolkit).

The Toolkit is a web-based interface for developing and administering web-based study protocols.  It was built to meet requests from researchers, educators, and others for access to cognitive tests that have been developed through TestMyBrain.  All tests in the Toolkit are subject to the Terms and Conditions below (the “T&Cs”) and to GNU LGPLv3 license terms (code) and CC-BY-SA license terms (data).

In consideration for using the Toolkit, you (the “User”) acknowledge that you have read the T&Cs and agree to be bound by them as well as by the GNU LGPLv3 license terms (code) and the CC-BY-SA license terms (data). Many Brains may alter or update these T&Cs as needed, and all such changes will be posted here.    

A. Summary

The T&Cs include, but are not limited to, the following general provisions:

B. The Data

Many Brains will provide the User access to a data portal which holds data recorded as the result of participant responses to tests (the “Data”) on the testing site portion of the Toolkit.  The data portal includes trial-by-trial data for each test (including individual participant responses, trial-level accuracy, and trial-level response times) as well as outcome scores computed based on the trial-by-trial data for each test completed.  Participants are also given a single outcome score for each test immediately after completion, which is included in the data portal.

For each test completed, participants are responsible for sharing their data with the User by sending the User a deidentified results ID that allows Users to access data in the data portal.  Users will only be able to access Data for which they have a participant provided results ID.

The Data does not include any personal information, as indicated in the Toolkit Privacy Policy [LINK].  

The User agrees to use tests and Data obtained from the Toolkit in a responsible manner and in compliance with all applicable laws, regulations, and rules, including, but not limited to, all applicable data privacy restrictions.

C. Username and Password

In order to access the portion of the data portal that holds raw data, Users will need a username and password, which will be provided by Many Brains upon request.  Requests can be made by completing the TMB CogSci Registration form or emailing info@testmybrain.org. The username and password provided by Many Brains to access the raw data shall be for the exclusive use of the User.  The User understands and agrees that the username and password shall be kept confidential and shall not be disclosed or shared.  Intentional sharing of the username or password may result in termination of access to the raw data and/or the Toolkit.  User shall be liable for any loss or damage resulting from unauthorized sharing of the username or password.  

D. Ownership of Intellectual Property

Many Brains shall retain the entire right, title, and interest in and to the tests, the Data and any technology utilized in the Toolkit, on the testing site or in the tests, whenever developed. The entire right and title in all inventions, discoveries, processes, methods, compositions, formulae, techniques, information and data, whether or not related to the Toolkit, tests, the testing site, or any services performed in connection therewith, whether or not patentable, and any patent applications or patents based thereon, developed by Many Brains whether or not developed specifically for the Toolkit, tests or testing site or with input from the User, shall be owned by Many Brains.

Many Brains retains ownership of the Data for the following purposes: (1) providing certain contracted services, (2) quality assurance for individual tests or the testing site, (3) generating summary statistics, and (4) as otherwise necessary in carrying out its charitable purposes. Unless otherwise specified, the User may publish and disseminate the collected Data for educational and research purposes including journal articles, dissertations, and related media, and shall retain the entire right and title in all original discoveries developed by the User from the Data.

E. Acknowledgements and Reporting Responsibilities

The User agrees to notify Many Brains of any publications (including, but not limited to, preprints, data publications, dissertations, posters, and peer-reviewed papers) arising from use of the Toolkit or referring to the Toolkit or any of the tests or Data, including those arising from or based on any sub-study or secondary analysis that uses the Data. The User will also send Many Brains an electronic copy of all relevant publications as soon as possible. Notification and publications should be sent to .  The User agrees to acknowledge the role of Many Brains in all publications, press releases, presentations, and other public communications related to use of the Toolkit and/or the Data in the following format, unless otherwise specified:  "This research was conducted with the support of the web-based research platform, TestMyBrain, a resource maintained and supported by The Many Brains Project, Inc."  

F. Disclaimer of Warranty; Limitation of Liability

THE SERVICES AND TECHNOLOGIES PROVIDED BY MANY BRAINS HEREUNDER (INCLUDING WITHOUT LIMITATION THE TOOLKIT, THE TESTING SITE, THE TESTS, AND ALL DATA) ARE PROVIDED "AS IS" AND MANY BRAINS DOES NOT MAKE ANY REPRESENTATION OR PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THEIR AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, USEABILITY OR PERFORMANCE, INCLUDING THEIR SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. USER ASSUMES ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD. NEITHER MANY BRAINS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLETO ANY USER FOR USE OF THE SERVICES, TECHNOLOGIES, OR DATA.

H. Indemnification

The User agrees to indemnify, defend and hold harmless Many Brains and its officers, directors, employees and agents (the “Indemnitees”) from and against any and all losses, costs, expenses, liabilities (including reasonable outside attorneys’ fees), claims, and suits  (collectively, “Claims”) that Indemnitee may suffer or incur, that arise, result from, or relate in any way to the User’s use of the Toolkit, the tests, the testing site, or the Data. In addition, the User agrees to indemnify, defend, and hold Many Brains and its officers, directors, employees, and agents harmless from and against any and all Claims arising out of the User’s interactions with participants or any use of their personal information.

I. Assignment

The right to use the platform and access the Data may not be assigned or delegated by the User.  Many Brains may assign its rights at its discretion.  

J. Termination

Many Brains reserves the right to terminate User’s access at any time in the event Many Brains determines that User has violated any of these T&Cs or otherwise in its discretion.  

K. Enforcement

These T&Cs shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with these T&Cs shall be subject to, and the User consents to, the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts.

L. Severability

If any provision of these T&Cs is invalid or unenforceable, the other provisions herein will remain in full force and effect and will be construed to effectuate the purpose and intent of the T&Cs.

M. No Waiver

The waiver of any breach of any provision of these T&Cs will be effective only if in writing and no such waiver will operate or be construed as a waiver of any subsequent breach.