Terms & Conditions
IMPORTANT LEGAL NOTICE: This document constitutes a legally binding agreement between you and Brushfire Research, a product of Mighty Group, LLC. Please read it carefully before using the Brushfire mobile application. This document has been prepared as a comprehensive draft and must be reviewed and approved by qualified legal counsel before publication or app store submission. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE BRUSHFIRE MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
T1. Definitions
"App" means the Brushfire mobile application available on Android (Google Play Store) and iOS (Apple App Store). "Company," "Brushfire," "we," "us," or "our" means Brushfire Research, a product of Mighty Group, LLC. "Signal Provider" means a user who registers to participate in research surveys through the App in exchange for rewards. "Sensemaker" means an organization, agency, or individual who creates and distributes research instruments through the Brushfire platform. "Services" means all features, functions, content, and capabilities offered through the App. "Instrument" means a research survey or questionnaire created and distributed through the Brushfire platform. "Wallet" means the in-app reward balance accumulated by a Signal Provider through survey participation. "Reward" means a monetary gift card value credited to a Signal Provider's Wallet upon successful completion of an Instrument.
T2. Eligibility and Account Registration
T2.1 Age Requirement You must be at least 18 years of age to register for and use the Brushfire App. By registering, you represent and warrant that you are at least 18 years old. We reserve the right to terminate any account that we reasonably believe belongs to a person under 18 years of age. T2.2 US Residents Only (MVP) The Brushfire App is currently available to residents of the United States only. By registering, you represent that you are a legal resident of the United States. International availability may be extended in future versions of the App. T2.3 Account Accuracy You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. T2.4 One Account Per Person Each individual may maintain only one Signal Provider account. Creating multiple accounts to circumvent identity verification, survey eligibility, or reward systems is strictly prohibited and may result in permanent account termination and forfeiture of any accumulated rewards.
T3. Identity Verification (eKYC)
Brushfire reserves the right to require identity verification (eKYC) for any Signal Provider account. eKYC verification is conducted through a qualified third-party identity verification provider and verifies your legal name, date of birth, government ID authenticity, and identity uniqueness through a biometric liveness check. Each account is entitled to one verification attempt. A failed or abandoned verification attempt constitutes the consumption of that attempt. Failed verification does not restrict your access to the App, wallet, or reward redemption. However, Sensemakers may choose to restrict certain instruments to verified Signal Providers only. By proceeding with verification, you consent to the collection and processing of your identity and biometric data as described in the Privacy Policy.
T4. Survey Participation and Rewards
T4.1 Participation Survey participation is entirely voluntary. You may choose to participate in or decline any Instrument you receive. Brushfire does not guarantee a specific volume or frequency of available Instruments, as availability depends on active research campaigns from Sensemakers and your demographic matching criteria. T4.2 Honest Responses You agree to answer all survey questions honestly, thoughtfully, and to the best of your knowledge. Submitting false, fraudulent, random, or deliberately inconsistent responses — including but not limited to speeding (completing surveys in implausibly short times), straight-lining (selecting the same answer for all questions), or providing demographic information known to be false — is a violation of these Terms and may result in reward forfeiture and account termination. T4.3 Session Timer and Slot Reservation When you begin an Instrument by tapping 'Start Survey,' a response slot is reserved for you and a session timer begins (set at 2.5 times the instrument's estimated completion time). If you do not submit your responses within the session window, your session will expire, the slot will be released, and you will not receive a reward for that Instrument. T4.4 Rewards Rewards are credited to your in-app Wallet upon successful, complete submission of an Instrument within the session window. Reward amounts are set by the Sensemaker for each Instrument and are displayed on the Instrument information screen before you begin. Rewards are credited in USD gift card value and are processed through our third-party reward fulfillment partner. The minimum redemption threshold is $5.00. Rewards credited to your Wallet do not expire while your account remains active. Brushfire is not responsible for delays or issues with gift card delivery that arise from the third-party fulfillment provider's systems. Brushfire reserves the right to review, withhold, reverse, or cancel any reward where we reasonably believe that a survey response was fraudulent, inaccurate, generated using automation or artificial intelligence, submitted in breach of these Terms, or otherwise obtained improperly. Brushfire may require additional verification before processing any reward redemption
T5. Prohibited Conduct
You agree not to engage in any of the following activities in connection with your use of the App: Registering multiple accounts or creating accounts on behalf of other individuals Using automation, bots, scripts, or artificial intelligence tools to simulate survey participation or generate responses Submitting false, fraudulent, random, or deliberately low-quality survey responses Providing false demographic information to circumvent targeting criteria or gain access to surveys for which you do not qualify Attempting to access another user's account or the platform's backend systems without authorization Reverse engineering, decompiling, or disassembling any part of the App Transmitting any malware, viruses, or harmful code through the App Using the App for any purpose that violates any applicable federal, state, or local law or regulation Impersonating any person or entity or misrepresenting your identity or affiliation Engaging in any activity that disrupts, overloads, or impairs the App or its underlying infrastructure
T6. Account Suspension and Termination
T6.1 Termination by You You may request deletion of your account at any time by emailing info@brushfireresearch.com. Upon receipt of a deletion request, your account will be disabled immediately. Your account data will be permanently removed from our systems within 60 days. Residual copies on backup media may persist for up to 90 days before being overwritten. Any accumulated Wallet balance above the minimum redemption threshold should be redeemed before requesting account deletion. We are not obligated to pay out Wallet balances below the minimum redemption threshold following account deletion. T6.2 Termination by Brushfire We reserve the right to suspend or permanently terminate your account, with or without notice, if we determine or reasonably believe that you have violated any of these Terms, engaged in fraudulent activity, created multiple accounts, provided false identity information, or submitted deliberately low-quality survey responses. Account termination for cause may result in forfeiture of your accumulated Wallet balance.
T7. Intellectual Property
All content, features, functionality, trademarks, service marks, logos, and intellectual property within the App — including the names 'Brushfire' and 'Brushfire Research' — are owned by or licensed to Mighty Group, LLC. Nothing in these Terms grants you any right or license to use our intellectual property without our express prior written permission. By submitting survey responses through the App, you grant Brushfire and the applicable Sensemaker a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to use, reproduce, analyse, modify, aggregate, anonymise, publish, distribute, and otherwise use your survey responses for research, analytics, reporting, product improvement, and related business purposes. You represent and warrant that you have the right to provide such responses and that they do not infringe the rights of any third party.. Brushfire may modify, update, suspend, or discontinue any part of the App or Services, including features, functionality, surveys, or reward programs, at any time and in its sole discretion. Where practicable, we will provide advance notice of material changes.
T8. Disclaimers and Limitation of Liability
T8.1 App Store Disclaimer The Brushfire App is available through the Apple App Store and Google Play Store. Download and use of the App through these stores is subject to the applicable App Store provider's terms of service. Brushfire is solely responsible for the App and its content. Apple Inc. and Google LLC are not responsible for the App, any claims relating to the App, or your use of the App. T8.2 Service Availability We provide the App on an 'as is' and 'as available' basis. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. We make no representations or warranties regarding the accuracy, reliability, or completeness of any content within the App. We will make commercially reasonable efforts to rectify service interruptions in a timely manner but cannot guarantee uninterrupted availability. T8.3 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRUSHFIRE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR SERVICE INTERRUPTIONS, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL BE LIMITED TO THE GREATER OF (i) THE TOTAL AMOUNT OF REWARDS CREDITED TO YOUR WALLET IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100.00)
T9. Indemnification
You agree to defend, indemnify, and hold harmless Brushfire Research, Mighty Group, LLC, and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (i) your use of or inability to use the App; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your submission of false, fraudulent, or misleading information; or (v) any infringement of any third party's rights in connection with your use of the App.
T10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms or your use of the App shall be resolved through binding arbitration held in Harrisburg, Pennsylvania, before a single arbitrator admitted to practice law in the State of Pennsylvania. Class action lawsuits and class-wide arbitration are not permitted under these Terms. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop unauthorized use or misuse of the App or intellectual property.
T11. App Store-Specific Terms
T11.1 Apple App Store If you download the App from the Apple App Store, the following additional terms apply: These Terms are entered into between you and Brushfire Research only, not with Apple Inc. Apple is not responsible for the App or its content. In the event of any conflict between these Terms and Apple's App Store Terms of Service, Apple's terms control solely with respect to your relationship with Apple. Apple has no obligation to provide maintenance or support for the App. Apple is not responsible for addressing any claims relating to the App, including product liability, consumer protection, or intellectual property claims. You agree to comply with Apple's applicable third-party terms when using the App. T11.2 Google Play Store If you download the App from the Google Play Store, the following additional terms apply: These Terms are entered into between you and Brushfire Research only, not with Google LLC. Google is not responsible for the App or its content. You agree to comply with Google Play's Developer Program Policies and applicable terms of service.
T12. General Terms
Entire Agreement: These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Brushfire with respect to the App. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future. Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice to you. Updates to Terms: We reserve the right to modify these Terms at any time. Material changes will be communicated through in-app notification. Continued use of the App after changes take effect constitutes acceptance of the revised Terms. Contact: For all legal notices and inquiries under these Terms, contact us at info@brushfireresearch.com. Limitation Period: Any claim arising from your use of the App must be brought within one year of when the cause of action accrued. Force Majeure: We will not be liable for any failure to perform our obligations due to causes beyond our reasonable control, including acts of nature, government action, war, infrastructure failure, or internet outages.
Legal Review Notice
This document is a comprehensive draft prepared for internal review purposes. It is not a substitute for legal advice. Before publishing this Privacy Policy and Terms of Service on the Apple App Store, Google Play Store, or within the Brushfire App, this document must be reviewed and approved by a qualified attorney licensed in the relevant jurisdiction(s). Key areas requiring specific legal review before publication include: (1) Biometric data disclosures and consent mechanisms for BIPA, Washington My Health MY Data Act, and Texas CUBI compliance; (2) California CCPA/CPRA 'Do Not Sell or Share My Personal Information' disclosure and link requirements; (3) State-specific biometric data destruction schedule requirements; (4) Apple App Store and Google Play Store privacy label (Data Safety/Nutrition Label) accuracy; (5) Arbitration clause enforceability under applicable state law; (6) eKYC provider-specific data processing agreement alignment.
