Last updated: 10 October 2026
These Terms of Service apply to Brainstorm Club Ltd trading as WorkflowMind, registered in England and Wales, at 148 The Rose Bowl, Portland Crescent, Leeds, LS1 3HB (" WorkflowMind", " we", " us", " our").
These Terms of Service (" Terms") govern access to and use of the WorkflowMind operational analysis platform (the " Service"). By creating an account, or by creating or being added to a workspace, you agree to be bound by these Terms.
Our Privacy Policy and Data Processing Agreement are incorporated into these Terms by reference. Where there is a conflict between these Terms and the Data Processing Agreement in respect of the processing of Personal Data, the Data Processing Agreement prevails.
1. Definitions
- "Account" means a registered user account with the Service.
- "Certified WorkflowMind Practitioner" means an individual who has successfully completed the practical assessment in the WorkflowMind Method and whose certification has been verified by WorkflowMind. Certification demonstrates assessed capability; it does not itself grant a commercial licence or authority to represent WorkflowMind.
- "Consultant" means a Certified WorkflowMind Practitioner approved to use the Service commercially under an active applicable subscription, or an existing consultant whose agreed access remains protected under Clause 2.6.
- "Client" means the organisation on whose behalf operational evidence is created, whether its access follows an engagement with WorkflowMind or it collaborates in an authorised practitioner-managed Client Workspace.
- "Business Workspace" means a Workspace provided to a client organisation through an agreed WorkflowMind engagement or direct customer handover, and maintained under the applicable included access or continuing subscription.
- "Client Workspace" means a distinct Workspace administered by a Consultant with the Client's authority for the Client's engagement and collaboration. This is not an independent self-service purchase by the Client.
- "Workspace" means a distinct working area within the Service (a Business Workspace, Consultant Workspace or Client Workspace) in which Content is created, stored, and shared.
- "Content" means process maps, operational evidence, diagrams, notes, files, and any other material uploaded or created within a Workspace.
- "Order" means an agreed engagement, subscription or licensing order specifying authorised access, the Workspace(s), included access where applicable, fees, and billing term.
2. Accounts and Workspaces
2.1 You must provide accurate registration information and keep it up to date.
2.2 A Consultant may create and administer Client Workspaces and invite Client users only following verification of certification and onboarding, while holding an active applicable commercial subscription and the relevant Client's authorisation. By doing so, the Consultant confirms they are authorised to create the Workspace on behalf of the Client and to process the Client's data in accordance with our Data Processing Agreement. Temporary training or assessment access does not authorise commercial client use.
2.3 Direct business access to the Service is provided following an Operational Diagnostic or another engagement agreed with WorkflowMind. A business may continue using its Workspace under an applicable subscription following that engagement. A Client collaborating in an authorised Client Workspace may take direct control through an agreed handover establishing its direct customer relationship and applicable subscription with WorkflowMind. Continued access to an existing Workspace does not require a further consulting engagement.
2.4 You are responsible for all activity that occurs under your Account and for maintaining the confidentiality of your login method (including Google Sign-In or email-based login links).
2.5 Access is provisioned or approved by WorkflowMind through the applicable engagement, invitation, training arrangement or verified practitioner licence. A Referral Partner may introduce clients, and a technology or implementation partner may refer or commission a Diagnostic, without certification. Neither status provides practitioner privileges or commercial platform access.
2.6 Existing subscriptions and contractual access rights are not automatically withdrawn because the access model changes. Any transition, migration or grandfathering arrangement must respect the applicable existing agreement, notice provisions and any agreed customer-specific terms. The new certification requirement is not a basis for automatically removing an existing paying customer's agreed access.
3. Ownership of Content
3.1 As between the parties:
(a) a Consultant owns the Content they create within their own Consultant Workspace (i.e. work product not created for or within a specific Client Workspace);
(b) the Client owns the Content created within its Client Workspace, regardless of whether that Content was created by the Consultant or the Client's own users.
3.2 Workspace transfer: a Client may request that its Client Workspace (including all Content within it) be transferred to the Client's own direct control at any time, by contacting devon@workflowmind.com. On a valid request, we will transfer ownership and administrative control of the Workspace to the Client within 10 business days, subject to verifying the requester's authority to act for the Client.
As part of handover, WorkflowMind and the Client establish the direct customer relationship and agree any applicable continuing subscription. This does not change the Client's ownership of Content, the transfer protection above or its applicable export rights. Ongoing consulting support is not a condition of continuing to use the Workspace.
3.3 You grant WorkflowMind a non-exclusive, worldwide licence to host, store, process, and display Content solely as necessary to provide the Service to you, and to comply with our legal obligations. This licence ends when the relevant Content or Workspace is deleted, subject to the backup retention period described in our Data Processing Agreement.
3.4 We own all rights in the Service itself (software, design, "WorkflowMind" branding, and underlying technology), excluding your Content. Nothing in these Terms transfers any such rights to you.
3.5 If you provide us feedback or suggestions about the Service, we may use them without restriction or obligation to you.
4. Subscriptions, Fees, and Payment
4.1 Access may be included for an agreed period within an engagement, provided temporarily for training and assessment, or licensed through an approved subscription. Every Operational Diagnostic includes 12 months of WorkflowMind access from completion of the Diagnostic. Paid subscriptions are billed monthly or annually, with the applicable Workspace allowance, fees and billing term set out in the Order. Business subscriptions are available following a WorkflowMind engagement or an approved Client Workspace handover; they are not offered as standalone self-service purchases. Practitioner subscriptions require verified certification, onboarding and approval, subject to Clause 2.6. Certification and commercial licensing are separate. A training place does not include an unrestricted standalone subscription.
4.2 Unless otherwise agreed in an Order, subscriptions automatically renew for successive monthly or annual terms, matching the billing term selected in the applicable Order, unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.
4.3 Fees are payable in advance and are non-refundable except as expressly stated in these Terms or required by law.
4.4 We may change our fees for future renewal terms by giving at least 30 days notice before the change takes effect.
4.5 If payment is not received when due, we may suspend access to the affected Workspace(s) after giving reasonable notice, until payment is made.
4.6 Payment processing is provided by Stripe. Use of Stripe's payment services is subject to Stripe's own terms.
5. Acceptable Use
You agree not to:
5.1 use the Service to store or process any Content you do not have the right to share, including Personal Data you are not lawfully entitled to process;
5.2 use the Service to process special category data (as defined in Data Protection Legislation) unless strictly necessary and lawful, and only with appropriate safeguards;
5.3 attempt to gain unauthorised access to the Service, other users' Workspaces, or our systems;
5.4 reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law;
5.5 use the Service to build a competing product;
5.6 upload malicious code or otherwise interfere with the operation of the Service.
6. AI-Assisted Features
6.1 The Service includes optional AI-assisted features, where available (such as map generation), which, when actively triggered by a user, send the relevant Content to third-party AI providers (currently OpenAI and Anthropic) for processing, as described in our Data Processing Agreement.
6.2 These features are provided on an opt-in, per-use basis. Content is not sent to these providers unless a user actively initiates the relevant feature.
6.3 AI-generated outputs may be inaccurate or incomplete. You are responsible for reviewing and validating any AI-generated content before relying on it.
7. Data Protection
7.1 Where we process Personal Data on your behalf as a processor, the terms of our Data Processing Agreement apply.
7.2 Where we process Personal Data as a controller (e.g. account holder data), our Privacy Policy applies.
8. Confidentiality
8.1 Each party may access confidential information of the other in connection with the Service. Each party agrees to use the other's confidential information only to perform its obligations under these Terms, and not to disclose it to third parties except as permitted by these Terms or required by law.
8.2 Content is treated as the confidential information of the Consultant and/or Client (as applicable under Clause 3).
9. Warranties and Disclaimers
9.1 We will provide the Service with reasonable skill and care and will use commercially reasonable efforts to maintain its availability.
9.2 Except as expressly stated in these Terms, the Service is provided "as is" and we disclaim all other warranties, whether express or implied, to the fullest extent permitted by law, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
10.1 Nothing in these Terms limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot lawfully be limited or excluded.
10.2 Subject to Clause 10.1, each party's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client/Consultant to WorkflowMind in the 12 months preceding the event giving rise to the claim.
10.3 Subject to Clause 10.1, neither party shall be liable for any indirect or consequential loss, loss of profits, loss of business, or loss of data (save for our obligations relating to Content under Clause 3 and the Data Processing Agreement).
11. Term, Suspension, and Termination
11.1 These Terms apply for as long as you hold an Account or access the Service.
11.2 Either party may terminate a subscription for material breach not remedied within 30 days of written notice.
11.3 We may suspend or terminate access immediately if we reasonably believe your use of the Service poses a security risk, breaches Clause 5, or breaches applicable law.
11.4 On termination, you may export your Content for 30 days before it is deleted in accordance with our Data Processing Agreement. To arrange export, you must email devon@workflowmind.com. Export is not available as a self-service, in-app action.
11.5 Termination or suspension of a Consultant's Account, or withdrawal of their certification, does not, by itself, delete or transfer a Client Workspace or extinguish the Client's ownership, access or export rights under the applicable agreement. The Client may request transfer to their own direct control under Clause 3.2. We will work with an authorised Client contact to preserve or arrange appropriate access and export, subject to necessary security measures and the applicable subscription.
12. Changes to these Terms
We may update these Terms from time to time. For material changes, we will give at least 30 days notice via email or in-app notification before the changes take effect. Continued use of the Service after that point constitutes acceptance of the updated Terms.
13. General
13.1 Assignment: you may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms in connection with a similar transaction.
13.2 Force majeure: neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
13.3 Entire agreement: these Terms, together with the Privacy Policy, Data Processing Agreement, and any Order, constitute the entire agreement between the parties in relation to the Service.
13.4 Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
13.5 Governing law and jurisdiction: these Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
14. Contact
Questions about these Terms: devon@workflowmind.com
Privacy or data protection queries: devon@workflowmind.com (DPO: Devon Page)
15. Practitioner Access Policy
15.1 New commercial Consultant access requires successful assessment, verified certification, approved onboarding and an active commercial licence. Certification is personal to the assessed practitioner and must not be shared, sold or used to provide unverified people with independent commercial access.
15.2 Practitioners must hold the Client's authority for each engagement, maintain confidentiality and use Client Data only as authorised and in accordance with the applicable engagement terms and Data Processing Agreement. Invited Client collaboration does not bypass licensing requirements.
15.3 A practitioner may accurately describe their verified certification status. Any use of a WorkflowMind certification badge is subject to the permission and usage guidance supplied with it. Certification does not create employment, agency or authority to bind WorkflowMind, and does not authorise a practitioner to describe an independent engagement as delivered, approved or endorsed by WorkflowMind without separate written authorisation.
15.4 We may investigate misuse of credentials, misleading claims of certification or representation, unauthorised commercial use or a material breach of these Terms. Any suspension or withdrawal must be proportionate to the issue. Except where immediate action is necessary under Clause 11.3, we will notify the practitioner of the reason and provide a reasonable opportunity to respond or remedy the breach. Contractual remedies and Clause 11 remain applicable.
15.5 Where certification or licensing ends, the practitioner must cease unauthorised commercial use and misleading claims or badge use. Client Content must not be deleted or withheld merely because a practitioner's certification or licence ends. Clauses 3 and 11 protect Client ownership, handover and export.
15.6 Any certification renewal requirement, additional practitioner agreement or change to licensing must be separately communicated and agreed in accordance with the applicable contractual notice and change provisions. Nothing in this policy automatically overrides an existing Order or the transition protections in Clause 2.6.