Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of EM-Sim's emergency medicine training platform, including our website, applications, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Platform, you represent and warrant that you meet these eligibility requirements. The Platform is intended for medical professionals, medical students, and healthcare trainees. You must not use the Platform if you are prohibited from receiving our services under applicable laws.

Account Registration

To access certain features of the Platform, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

Subscription and Payment

Subscription Plans

We offer several subscription tiers with different features and pricing. Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

Payment Processing

Payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for maintaining valid payment information.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee. We will notify you of any fee changes in advance.

Cancellation

You may cancel your subscription at any time from your account dashboard. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Platform until that date. No refunds will be provided for partial billing periods.

30-Day Money-Back Guarantee

If you are not satisfied with your subscription within the first 30 days, you may request a full refund by contacting [email protected]. This guarantee applies only to your first subscription and does not apply to renewals.

Educational Purpose and Limitations

Educational Use Only

EM-Sim is designed solely for educational and training purposes. The Platform provides simulated clinical scenarios to help healthcare professionals develop and refine their decision-making skills. It is not intended to provide medical advice, diagnosis, or treatment recommendations for actual patients.

Not a Substitute for Clinical Judgment

The content and feedback provided through the Platform should never be used as a substitute for professional clinical judgment, consultation with qualified healthcare providers, or adherence to institutional protocols and guidelines. Always rely on your clinical training, experience, and judgment when caring for actual patients.

No Patient Information

You must never enter real patient information, protected health information (PHI), or any identifiable patient data into the Platform. All simulations use fictional scenarios, and the Platform is not designed or intended to store actual patient data.

AI-Generated Content

Some content on the Platform, including AI tutor responses and simulation scenarios, may be generated or assisted by artificial intelligence. While we strive for accuracy, AI-generated content may contain errors or outdated information. Always verify critical information against authoritative medical sources.

Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Share your account credentials or allow unauthorized access
• Attempt to gain unauthorized access to the Platform or related systems
• Interfere with or disrupt the Platform's operation or servers
• Use automated systems (bots, scrapers) to access the Platform
• Copy, reproduce, or redistribute Platform content without permission
• Reverse engineer, decompile, or disassemble any Platform software
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Platform to harm, harass, or impersonate others
• Upload malicious code, viruses, or harmful content

Intellectual Property Rights

Our Content

The Platform and all content, features, and functionality (including but not limited to simulations, text, graphics, logos, software, and AI-generated content) are owned by EM-Sim or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written permission.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal educational purposes. This license does not include any right to:

• Resell or commercially exploit the Platform or its content
• Collect or use content for any commercial purpose
• Create derivative works based on the Platform
• Download or copy content except as expressly permitted

Your Content

You retain ownership of any content you submit to the Platform (such as support messages or AI tutor questions). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and analyze your content to provide and improve our services.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the results of using the Platform

We do not warrant that the Platform will meet your requirements or that any errors will be corrected. Your use of the Platform is at your own risk.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EM-SIM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Business interruption
• Loss of goodwill or reputation

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless EM-Sim and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of Platform content in clinical practice

Termination

We may suspend or terminate your access to the Platform at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination:

• Your right to access and use the Platform will immediately cease
• You must stop all use of the Platform and delete any downloaded content
• We may delete your account and data in accordance with our Privacy Policy
• Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will continue to apply

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property rights.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EM-Sim regarding the Platform and supersede all prior agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have questions about these Terms, please contact us: