# Brain Scanner Open Beta Evaluation Agreement

Version beta-1.5. Effective on the date this version is first presented for acceptance.

This agreement is between Brain Scanner, operated by Kevin Olozada Santos ("Brain Scanner", "we", "us") and the person accepting it ("you", "participant"). It governs your access to the hosted Brain Scanner open beta at brainscanner.dev and its connector (together, the "Service"). By checking the acceptance box, creating an account, or using the Service, you agree to this agreement and to the Privacy Notice that is presented with it. If you do not agree, do not use the Service.

## 1. Definitions

- "Beta" means a pre-release evaluation of software that is incomplete, under active development, and expected to change or fail.
- "Project Intelligence" means the structured, privacy-filtered project records you or your agent submit to the Service, together with the retained history generated from supported changes: opaque identifiers, node and edge structure, types, statuses, counts, digests, bounded labels and summaries, roadmap assessments, authored reports, finding notes and evidence, task and session records, selected before-and-after values, publication receipts, activity assertions, and the repository-relative and local file paths of mapped files.
- "Agent" means an AI coding assistant or repository tool (for example Codex, Claude, or a comparable tool) that you authorize to work in your environment and connect to the Service. "Local Tools" means Brain Scanner software running in that environment, including local mapping, change-review, editor, and test-execution functions.
- "Prohibited Data" means source code bodies, snippets, comments, source-code diffs, patches, raw repository file contents, command output, logs, stack traces, environment values, secrets, credentials, tokens, keys, cookies, connection strings, provider credentials, usernames, hostnames, machine identifiers, regulated data, export-controlled data, malware, and any data you are not authorized to share.
- "Confidential Information" means non-public source code, infrastructure and security details, private project data, and other non-public information identified as confidential or that a reasonable person would understand to be confidential. Publicly available features, documentation, and your honest opinions about the Service are not Confidential Information.
- "Feedback" means suggestions, bug reports, corrections, ratings, and other comments you provide about the Service.

## 2. Eligibility and authority

- You must be at least 18 years old and able to enter a binding contract.
- If you accept on behalf of a company or other organization, you represent that you are authorized to bind it, and "you" includes that organization.
- You may only connect projects and repositories that you own or that you are authorized to analyze and to share metadata about. If a repository belongs to your employer or a client, you are responsible for having their permission.
- Access is personal. Do not share your login, session, or connector credentials, and do not let anyone else use your account.

## 3. Accounts, scope, and changes to access

- Anyone who meets section 2 may create an account. We may still decline, limit, suspend, or close any account, and we may add waiting lists or pause new signups when capacity is reached.
- Access is revocable, non-transferable, and limited to evaluating the Service for the duration of the beta.
- Capacity is limited. We may limit usage or reduce features at any time.
- We may suspend or end your access at any time to protect other participants, the Service, or ourselves, or if you breach this agreement.
- You may stop participating at any time by asking us to close your account.

## 4. What the Service does and does not do

- Hosted connector access. The hosted MCP connector reads and, where its authorization profile permits, changes account-scoped Project Intelligence. This includes supported project, graph, assessment, context, report, finding, activity, queue, and Change Review records. A connector grant is not a grant of access to your computer's filesystem, shell, repository-provider account, or cloud-provider account. Hosted action records can request local work; recording a request does not itself execute that work.
- Local access and execution. Your Agent and enabled Local Tools can read source files, inspect a repository and Git changes, write local Brain Scanner state, open files in an editor, and run supported local actions, including selected tests. An Agent may also edit files, run other commands, or perform repository and deployment operations when you separately authorize those capabilities. These actions run under the permissions, sandbox, configuration, and approvals of the Agent, local process, operating system, and relevant accounts. Hosted connector scopes do not limit permissions that an Agent or local process already has independently.
- Credentials and process access. Local actions can start programs in your environment. Those programs, including repository test code, may have access to files, environment variables, credential helpers, or credentials available to the process. The supported local-action list is not a guarantee that executed code is isolated from those resources. Do not submit repository or cloud-provider credentials as Project Intelligence. Brain Scanner account passwords, session credentials, and connector authorization data are handled separately as described in the Privacy Notice.
- Repository-source integrations. The hosted MCP profile described here does not enable direct repository-source ingestion. A separately offered repository-source integration requires its own repository authorization and collection notice; it must not be inferred from a Brain Scanner sign-in or ordinary connector grant.
- Automatic change history. Successful supported project writes create retained Change Review entries without a separate logging request. These entries include a summary, recorded time, identifiers, versions, and selected prior and new field values. Report and finding text may be included. Long values are explicitly marked as previews; retry storage may retain more of a committed record. Earlier entries remain when an individual item is edited or deleted, and compact publication records remain beyond detailed graph snapshot retention. Existing-state backfills are labeled. The Privacy Notice describes retention, project deletion, and recovery copies.
- What records establish. An activity, validation, or mapping record is an assertion supplied by its author or execution environment. A hosted record alone is not proof that Brain Scanner's hosted server read source, executed a command, or independently verified the result.
- File links and browser settings. Mapped file paths can be stored in Project Intelligence and used to open files through a locally configured editor or handler. A stored path is not, by itself, filesystem access. Editor choice, checkout-folder overrides, and repository-link preferences entered as browser-local convenience settings stay in that browser; this is separate from paths submitted in a project map.

## 5. Your responsibilities and acceptable use

You agree that you will:

- submit only Project Intelligence and never Prohibited Data, and configure your Agent so that it respects the Service's privacy filters;
- use only Agents and Local Tools you are authorized to operate, on projects you are authorized to analyze, and review their local filesystem, command-execution, repository, and credential permissions;
- keep your account and connector credentials secret and tell us promptly and privately if you suspect they were compromised;
- keep your own backups of repositories and important records. Change Review is a history of selected Brain Scanner project data and publication receipts; it is not a full repository mirror or a complete historical source-file backup;
- review and validate any output before you act on it.

You agree that you will not:

- access, probe, or attempt to access another participant's account, project, or data;
- circumvent authentication, authorization, rate limits, quotas, capacity limits, or privacy filters;
- disrupt, overload, scan, or stress-test the Service, or introduce malware;
- copy, decompile, reverse engineer, scrape, or build a competing product from the Service or its Confidential Information, except to the extent applicable law expressly permits;
- disclose another person's private data or non-public Confidential Information without authorization;
- use the Service for anything unlawful, or to process personal data of other people beyond what the privacy filters allow;
- resell, sublicense, or provide the Service to third parties.

## 6. Confidentiality

- You will keep Confidential Information private, use it only to evaluate the Service, and protect it at least as carefully as your own confidential information.
- You may share Confidential Information only with people in your organization who need it for the evaluation and who are bound by obligations at least as protective as this section.
- Confidential Information does not include information that is or becomes public through no fault of yours, that you already lawfully had, or that you independently developed without using it.
- You may disclose Confidential Information if the law requires it, provided you give us reasonable advance notice where legally permitted.
- These obligations continue for three years after your access ends, and indefinitely for source code, security details, and trade secrets.
- We will treat your Project Intelligence as your confidential information and use it only to provide, secure, and improve the Service as described in the Privacy Notice.

## 7. Ownership and licenses

- You own your repositories, your Project Intelligence, and your Confidential Information. Nothing in this agreement transfers those to us.
- You grant us a limited, non-exclusive, worldwide license to host, process, display, and back up your Project Intelligence solely to provide, secure, and improve the Service for you during the beta and for the retention periods in the Privacy Notice.
- We own the Service, its software, designs, documentation, and all improvements. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during the beta in accordance with this agreement. No other rights are granted.
- Feedback is voluntary. You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate Feedback into our products without obligation or attribution. Feedback never includes your repository, your Project Intelligence, or your Confidential Information, and this license does not transfer ownership of anything you own or limit your right to publish your own feedback.

## 8. Beta status, no warranties, and reliance

- The Service is provided as a beta, "as is" and "as available", without warranties of any kind. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation.
- Features may be incomplete, change, break, or be withdrawn without notice. There is no service-level commitment, no uptime commitment, and no support commitment.
- Maps, assessments, readiness scores, findings, change reviews, and other output are generated from metadata asserted by your Agent and by automated heuristics. They may be incomplete or wrong. Do not rely on them as the sole basis for engineering, security, financial, legal, or business decisions.
- Data may be lost, corrupted, or deleted during the beta. Keep your own copies of anything you need.
- Nothing in this agreement excludes a warranty or right that applicable law does not allow to be excluded.

## 9. Limitation of liability

- To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to this agreement or the Service, however caused and under any theory of liability, even if advised of the possibility.
- To the fullest extent permitted by law, our total liability for all claims arising out of or related to this agreement or the Service will not exceed the greater of one hundred United States dollars (USD 100) or the amount you paid us for the Service in the twelve months before the event giving rise to the claim.
- These limits do not apply to your breach of sections 5 or 6, to either party's fraud or willful misconduct, or to liability that cannot be limited by law, including liability for death or personal injury caused by negligence where the law so provides.

## 10. Indemnity

- You will defend, indemnify, and hold us harmless from third-party claims, damages, and reasonable costs, including attorney fees, arising from Prohibited Data you submit, from your use of a repository or Agent you were not authorized to use, or from your breach of sections 5 or 6.
- We will notify you promptly of any such claim, let you control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that admits fault on our behalf or imposes obligations on us without our written consent.

## 11. Privacy and data

- Our collection and use of personal data and Project Intelligence is described in the Privacy Notice presented with this agreement. The Privacy Notice is part of this agreement.
- Reading, writing, exporting, and destructively deleting Project Intelligence are separate permissions in the Service and require your explicit authorization through the connector consent flow.
- When your access ends, active Project Intelligence is deleted on the retention schedule in the Privacy Notice. Editing a report or finding, or deleting an individual finding or task, does not erase earlier Change Review or retry copies. Whole-project or account deletion removes active project records; recovery copies have separate retention and may remain until explicitly removed. The current storage configuration does not provide automatic 14-day expiry of previous object generations. Contact us for deletion requests that include historical and recovery copies.
- You can request access to, export of, correction of, or deletion of your data as described in the Privacy Notice.

## 12. Security and vulnerability reporting

- We apply the security measures described in the Privacy Notice. No system is perfectly secure, and you accept the residual risk of using pre-release software.
- If you find a vulnerability, report it privately to support@brainscanner.dev. Do not disclose it publicly, do not access data that is not yours, and do not go beyond the minimum needed to demonstrate the issue. Good-faith research that follows these rules will not be treated as a breach of this agreement, and we will not pursue legal action for it.

## 13. Publicity

- Neither party may imply the other's endorsement or use the other's name, logo, private repository, or testimonial in advertising without written permission. This does not restrict honest reviews or other uses protected by law.
- Nothing in this agreement prohibits or penalizes an honest review, lawful assessment or comparison of the Service, or a report to a regulator or other authority. You do not need our permission to exercise those rights, including where an earlier version of our terms suggested otherwise. We will not enforce an earlier restriction on those rights. This does not authorize disclosure of another person's private data or trade secrets.
- We may say publicly that the beta exists and describe aggregate, anonymized usage that does not identify you or your projects.

## 14. Fees

- The open beta is free unless a separate signed order says otherwise.
- Any pricing, packaging, or purchase intent discussed during the beta is non-binding on both parties until documented in a later signed commercial agreement.

## 15. Term, suspension, and termination

- This agreement starts when you accept it and continues until your access ends.
- Either party may end it at any time. We may suspend or end access immediately for breach, security risk, legal requirement, or the end of the beta.
- On termination your license to use the Service ends, you must stop using the connector, and we delete active Project Intelligence on the retention schedule.
- Sections 1, 6, 7 (except the license to use the Service), 8 through 11, and 16 through 19 survive termination.

## 16. Compliance and export

- You will comply with all laws that apply to your use of the Service, including data protection, export control, and sanctions laws.
- You represent that you are not located in, and are not a resident or national of, a country or region subject to comprehensive United States sanctions, and that you are not on any United States or other applicable restricted-party list.
- You will not use the Service to develop, design, or produce weapons, or for any other use prohibited by export control law.

## 17. Governing law and disputes

- This agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- Before starting a formal proceeding, the parties will try in good faith to resolve any dispute by written notice and discussion for thirty days.
- Any dispute not resolved informally will be brought exclusively in the state or federal courts located in the State of Florida, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court to protect Confidential Information or intellectual property.
- To the extent permitted by law, each party waives any right to a jury trial and agrees that disputes will be resolved individually and not as a class, collective, or representative action.
- If you are a consumer in a jurisdiction that gives you mandatory rights to bring claims in your local courts or under your local law, nothing in this section removes those rights.

## 18. Changes to this agreement

- We may publish a new version of this agreement. Each version is identified by a version label and a content digest, and the Service only records acceptance of the exact text you were shown.
- Publishing a version does not change your recorded acceptance. Where a change requires your agreement, we must obtain it before applying that change to you; continued use alone is not recorded as fresh acceptance. This version's protections for honest reviews also apply to participants who accepted an earlier version.

## 19. General

- This agreement, together with the Privacy Notice, is the entire agreement about the beta and replaces any earlier discussions about it.
- If any part is unenforceable, the rest remains in effect and the unenforceable part is enforced to the maximum extent allowed.
- Neither party's failure to enforce a right is a waiver of it.
- You may not assign this agreement without our written consent. We may assign it to a successor of the Service or the business.
- Neither party is liable for delay or failure caused by events beyond its reasonable control.
- This agreement does not create a partnership, joint venture, agency, or employment relationship.
- Notices to us go to support@brainscanner.dev. Notices to you go to the email address on your account. Your electronic acceptance has the same effect as a signature, and the Service's consent records are the authoritative record of what you accepted and when.

## 20. UK consumer protections

If you use the Service as a consumer in the United Kingdom, the following protections take priority over any conflicting provision in these terms, including an earlier version you accepted:

- Your mandatory rights under applicable UK consumer law remain in place. Describing the Service as a free beta or using “as is” language does not remove rights the law gives you. We do not promise that every rule for paid digital content applies to this free beta.
- We do not apply the indemnity in section 10 to you as a UK consumer. Warranty exclusions and the liability cap apply only to the extent lawful and fair; they do not exclude liability that the law prohibits us from excluding, including death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
- You can stop using the free beta at any time, without a cancellation charge, using Account → Delete my account and data or by contacting support@brainscanner.dev. Contact support first if you need help obtaining a copy of your personal data. Any statutory cancellation rights that apply are additional to this choice.
- For planned material changes or closure of the beta, we will give reasonable advance notice where practicable and an opportunity to stop using the Service. Immediate action may be necessary for security, abuse or legal reasons. Changes cannot retrospectively remove accrued rights.
- Florida law and the Florida courts clauses do not take away any mandatory protections of the law of your habitual residence or any right to bring proceedings in an appropriate local court. The informal dispute period does not prevent urgent relief or exercising statutory rights within their time limits.
- You may complain to a regulator and exercise lawful consumer or privacy rights without first obtaining our permission.

## 21. Contact

- Provider: Brain Scanner, operated by Kevin Olozada Santos, Florida, United States. A postal address is available on request.
- Legal, privacy, and security matters: support@brainscanner.dev. The same address is shown on the signup page and on the Account page in the dashboard.