Acceptable Use Policy

This Acceptable Use Policy (“AUP”) establishes certain terms, rules and requirements pertaining to your use of or any other site, app or portal that links to this AUP (collectively the “Site”).  By using or accessing the Site or otherwise accepting this AUP, you agree to the terms and conditions of this AUP.  Brainyak, Inc., doing business as GutCheck (“we,” “our,” or “us”) may periodically update this AUP and you can always find the latest version at


1. Use.

You may use the Site solely for its lawful, intended purpose.  You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site, any portion thereof or any content made available on the Site without GutCheck’s prior written consent.


2. Prohibited and Unauthorized Uses.

You may not use the Site in any manner in violation of any applicable law or regulation.  You may not purposely alter, forge or hide your identity in connection with your use of the Site or upload, post, email, transmit or otherwise make available through the site any content that is unlawful, threatening, abusive, vulgar, libelous, violates any third party right, including any privacy or intellectual property rights or confidentiality obligations, or that is otherwise objectionable.  You may not use the Site for purposes of competing with GutCheck in any way or in a manner that may interfere with GutCheck’s ability to provide the Site to other users.


3. Not for Use by Children.

The Site is not intended for use by children, and, accordingly, you may not use this Site if you are under the age of 18 or are considered a child or the legal equivalent under applicable law.


4. Data Collection and Privacy.

You may provide certain data to GutCheck, such as your email address, name, employer and country of residence, in connection with your use of the Site.  By using the Site, you agree to GutCheck’s collection of information as described in GutCheck’s Privacy Policy located at  You agree that you will not upload any of the following types of information: (a) personal health information, (b) driver’s license numbers, (c) passport numbers, (d) social security, tax ID or similar numbers, or (e) bank, checking, credit card, debit card, or other financial account numbers.


5. Third Party Sites, Content and Products

Our Site may provide links to third-party sites and access to third-party content, products and services. You agree that we are not responsible for such third-party sites, content, products and/or services. You should refer to the applicable policies of those third-parties, which may set forth your rights, obligations and relationship with respect to those third-parties.


6. Your Responsibilities and GutCheck’s Rights.

You agree to cooperate with GutCheck and appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity in connection with your use of the Site.  If you become aware of any violation of this AUP by any person, you agree to notify GutCheck immediately at  You agree to indemnify GutCheck against any costs, claims, losses and damages (including legal fees) incurred by or awarded against GutCheck as a result of your misuse of the Site or your breach of this AUP.  You agree that GutCheck may, in its sole discretion, at any time and for any reason, suspend or terminate your access to the Site.


7. Ownership

The content on the Site is the property of GutCheck, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on this Site are proprietary to their respective owners and are protected by applicable laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Site may be registered or unregistered marks of GutCheck or others. Nothing contained on this Site should be construed as granting any license or right to use any of the Marks displayed on the Site without GutCheck’s prior written consent. Any unauthorized uses of the Marks or any other content are strictly prohibited.


8. Limitation of Liability and Disclaimer of Warranties

GutCheck makes no warranties or representations as to the accuracy of information provided by the Site and assumes no liability or responsibility for any errors or omissions in the content of the Site.  Your use of the Site is entirely at your risk. You agree that, to the fullest extent permitted by law, GutCheck shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site.


9. Applicable Law and Severability

You agree that this AUP and your use of the Site shall be governed by and construed in accordance with the laws of Colorado without giving effect to any principles or conflicts of law. If any provision of this AUP is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AUP and shall not affect the validity and enforceability of any remaining provisions.


This AUP was last updated on March 28, 2019.