Terms of Service

Effective Date: December 13, 2025

Welcome to NurseKind AI ("we," "us," or "our"), an AI-powered educational technology platform designed to assess and provide feedback on humanistic nursing skills—including empathy, communication, therapeutic presence, and clinical judgment—in real student-patient interactions. By accessing or using our website (nursekindai.com), mobile applications (iOS & Android), or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you are accessing the Services on behalf of an educational institution, as a faculty member, or as a nursing student, you represent that you have the authority to bind your institution or yourself to these Terms.

1. Acceptance of Terms

By creating an account, accessing the Services, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time, and your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you (and/or the educational institution you represent) and NurseKind AI, Inc.

1.2 Institutional vs. Individual Users

• Institutional Users: If you access the Services through an institutional subscription, your use is also governed by the agreement between your institution and NurseKind AI
• Individual Users: If you subscribe individually, these Terms govern your direct relationship with us
• Faculty & Administrators: By using administrative features, you represent that you are authorized by your institution to access student data and manage accounts

2. Eligibility

You must meet the following eligibility requirements to use the Services:

2.1 Age Requirements

• You must be at least 18 years old or the age of majority in your jurisdiction
• For students under 18 using the Services through an institutional subscription, the institution is responsible for obtaining any necessary parental consent as required by FERPA and applicable state laws

2.2 Educational Affiliation

• The Services are designed for use by nursing students, faculty, and educational institutions
• Access to institutional features requires approval by authorized faculty or administrators
• We reserve the right to verify your educational affiliation at any time

2.3 Authority to Agree

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into this agreement
• If representing an institution, you have the authority to bind that institution to these Terms
• You will comply with all applicable laws and regulations

Right to Refuse Service: We reserve the right to refuse or terminate access to anyone for any reason at our sole discretion, including but not limited to violations of these Terms.

3. Description of Services

NurseKind AI provides comprehensive AI-powered assessment and feedback tools for nursing education:

3.1 Core Features

• AI Analysis: Advanced analysis of audio recordings from simulated student-patient interactions using OpenAI GPT-4 and Anthropic Claude
• Transcription Services: Automatic transcription with speaker diarization (distinguishing between student and patient dialogue) via AssemblyAI
• Standardized Assessment: Scoring aligned with:
  • NCSBN Clinical Judgment Measurement Model (NCJMM)
  • AACN Essentials domains for nursing education
  • Next Generation NCLEX competencies
• Detailed Feedback: Actionable insights on empathy, therapeutic communication, person-centered care, and clinical reasoning
• Reporting: Exportable PDF reports for students, faculty dashboards with aggregated analytics, and progress tracking over time

3.2 Platform Access

• iOS & Android Mobile Apps: Record interactions, review feedback, track progress
• Web Application: Full-featured access for recording, analysis, and reporting
• Faculty Dashboard: Manage students, review assessments, generate reports, export data
• Super Admin Dashboard: Institutional-level analytics, user management, bulk operations

3.3 Integration Capabilities

• Canvas LMS Integration: Automatic grade synchronization and assignment management (requires institutional setup)
• Bulk Student Upload: CSV import for efficient account creation
• Data Export: Export assessment results and analytics in multiple formats

3.4 Educational Use Only

All interactions submitted for analysis should be with:

• Trained simulation actors or standardized patients
• Peer role-play scenarios
• Faculty-supervised practice interactions
• Other simulated educational scenarios

4. User Accounts and Responsibilities

4.1 Account Registration

To access the full features of the Services, you must create an account by providing:

• Accurate and complete information (name, email, institutional affiliation)
• A secure password meeting our requirements
• Verification of your educational role (student, faculty, administrator)

You agree to:

• Keep your account information current and accurate
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

4.2 Account Security

• Strong Passwords: Use passwords that are difficult to guess and never share them
• Multi-Factor Authentication: We strongly recommend enabling MFA for enhanced security
• Authorized Access Only: Do not allow others to use your account
• Institutional Accounts: Faculty and administrators must follow their institution's access policies

4.3 Prohibited Conduct

You agree NOT to:

Content Violations:

• Upload recordings containing real patient PHI or HIPAA-protected information
• Submit harmful, unlawful, defamatory, or infringing content
• Share content that violates others' privacy or intellectual property rights
• Upload malware, viruses, or malicious code

Platform Misuse:

• Reverse-engineer, decompile, or attempt to extract source code from the Services
• Use automated tools (bots, scrapers) to access the Services
• Attempt to bypass security measures or access controls
• Interfere with other users' access or experience
• Overload our systems or conduct denial-of-service attacks

Unauthorized Use:

• Use the Services for non-educational purposes or commercial gain (except as authorized by institutional agreements)
• Resell, redistribute, or sublicense access to the Services
• Create derivative works based on the Services without permission
• Misrepresent your affiliation with an institution or role

Academic Integrity:

• Submit another person's interaction as your own
• Share assessment results in ways that violate your institution's academic integrity policies
• Attempt to manipulate AI assessments or gaming the system

4.4 User Content License

Your Ownership: You retain all ownership rights in your User Content (recordings, transcripts, and related materials you submit).

License to Us: By uploading User Content, you grant NurseKind AI a worldwide, non-exclusive, royalty-free license to:

• Process, transcribe, and analyze your recordings using AI
• Generate feedback reports and assessments
• Store User Content on our servers and backup systems
• Share your data with faculty/administrators as authorized by institutional agreements
• Use de-identified, aggregated data for product improvement and research (in compliance with FERPA)

Limitations:

• We do NOT claim ownership of your intellectual property
• We do NOT use identifiable student data for marketing without explicit consent
• We do NOT sell or share your recordings with third parties for their own purposes

Representations and Warranties: You represent and warrant that:

• You own or have the necessary rights to upload User Content
• Your User Content does not violate any laws or third-party rights
• All participants in recordings have consented to being recorded (institutional policies apply)

5. Fees and Payment Terms

5.1 Pricing Structure

NurseKind AI offers multiple subscription options:

Institutional Subscriptions:

• Pilot Program: $750-$950 per semester for initial implementation (10-20 students)
• Full Institutional: $119 per student per year with unlimited assessments
• Enterprise: Custom pricing for large programs (200+ students)

Individual Subscriptions (Mobile Apps):

• Per-Assessment: $19.99 per interaction analysis
• Monthly: Pricing available in-app (subject to change)

Faculty Access:

• Included with institutional subscriptions at no additional charge

5.2 Payment Processing

• Institutional Billing: Invoiced directly, payment due within 30 days unless otherwise agreed
• Individual Subscriptions: Processed through Apple's In-App Purchase system (iOS) and Google Play Billing (Android)
• Accepted Methods: Credit card, ACH transfer, purchase order (institutional only)

5.3 Billing and Renewals

• Institutional subscriptions are typically annual with automatic renewal unless canceled 30 days before expiration
• Individual subscriptions renew automatically per the terms displayed in-app
• We will provide advance notice of fee increases (typically 30-60 days)

5.4 Refund Policy

Generally Non-Refundable: All fees are non-refundable except as required by law or as follows:

• Institutional Pilots: Refund available if service is materially non-functional (must be reported within 14 days of start date)
• Billing Errors: We will promptly refund any erroneous charges
• Apple App Store & Google Play Store: Refund requests for mobile app purchases must be directed to Apple (iOS) or Google (Android) per their respective refund policies

5.5 Late Payments and Suspension

• Late payments may result in suspension of access to the Services
• We reserve the right to charge interest on overdue amounts at 1.5% per month (or maximum allowed by law)
• Collection costs for delinquent accounts may be passed to you

5.6 Taxes

You are responsible for all applicable taxes (sales tax, VAT, etc.) associated with your use of the Services. If we are required to collect taxes, they will be added to your invoice.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All rights, title, and interest in and to the Services—including but not limited to:

• Software, code, and algorithms (including AI models and prompts)
• User interface designs and visual elements
• Assessment rubrics and scoring methodologies
• Reports, templates, and generated content (excluding your User Content)
• Trademarks, logos, and branding ("NurseKind AI," the logo, etc.)
• Documentation, training materials, and guides

are owned by NurseKind AI or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal educational purposes
• Download and print reports generated by the Services for your use
• Use our mobile app on your personal devices

This license does NOT permit you to:

• Copy, modify, or create derivative works of the Services
• Reverse-engineer or attempt to extract our proprietary algorithms
• Remove copyright notices, trademarks, or other proprietary markings
• Use the Services to build a competing product

6.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas for improving the Services ("Feedback"), you grant us an unlimited, perpetual license to use such Feedback without compensation or attribution. We appreciate your input but are under no obligation to implement any Feedback.

6.4 Third-Party Licenses

The Services incorporate third-party software and services (AssemblyAI, OpenAI, Anthropic, Supabase, etc.) subject to their own licenses. Your use must comply with those third-party terms.

7. Privacy and Data Protection (FERPA Compliance)

Your use of the Services is governed by our Privacy Policy, which details how we collect, use, and protect your information. This section highlights key commitments related to student data and FERPA compliance.

7.1 FERPA Compliance for Educational Institutions

When educational institutions disclose personally identifiable information (PII) from student education records to us, we commit to the following:

7.2 Data Use Restrictions

• Legitimate Educational Interest: We use and maintain PII solely for the purposes specified in our agreement with your institution—specifically, to provide AI-powered assessment and feedback on nursing skills
• No Re-Disclosure: We do not re-disclose PII to third parties without:
  • The institution's prior written authorization, AND
  • FERPA-compliant consent from the student (where required)
• Institutional Control: Educational institutions retain direct control over the use and maintenance of disclosed student records

7.3 Student Rights Under FERPA

Students have the following rights regarding their educational records in NurseKind AI:

• Right to Inspect: Request to review your records through your institution
• Right to Amend: Request correction of inaccurate or misleading information
• Right to Consent: Control disclosure of PII (except in FERPA-permitted circumstances)
• Right to File Complaints: Report FERPA violations to the U.S. Department of Education

To Exercise FERPA Rights: Contact your institution's registrar, FERPA compliance officer, or NurseKind AI administrator. For questions about our practices, email [email protected].

7.4 Data Security Measures

• Encryption: All data encrypted in transit (TLS 1.2+) and at rest (AES-256)
• Access Controls: Role-based access with Row Level Security (RLS) policies
• Breach Notification: We will notify affected institutions and users within 72 hours of discovering a data breach, and cooperate fully with remediation efforts
• Regular Audits: Ongoing security assessments and penetration testing

7.5 Data Retention and Destruction

• Active Subscriptions: Data retained as specified in our Privacy Policy
• Contract Termination: Upon termination of an institutional agreement, we will:
  • Destroy or return all PII as instructed by the institution within 90 days
  • Provide certification of destruction as a best practice
  • Exception: De-identified data (stripped of all direct and indirect identifiers) may be retained for analytics but is not subject to FERPA

7.6 Third-Party Processors

We engage subprocessors (AssemblyAI, OpenAI, Anthropic) who assist in providing the Services. All subprocessors:

• Are bound by Data Processing Agreements (DPAs) with FERPA-compliant terms
• Implement appropriate security safeguards
• Do not use student data for their own purposes (e.g., model training) without explicit authorization

7.7 No Sale of Data

We do NOT sell, rent, or trade student data or PII to third parties for marketing or advertising purposes. Ever.

7.8 Complaints and Violations

If you believe we have violated FERPA or mishandled student data:

• Contact Us: [email protected] with subject "FERPA Complaint"
• File with Department of Education: U.S. Department of Education, Family Policy Compliance Office
  400 Maryland Avenue, SW
  Washington, DC 20202-5901
  File a Complaint Online

8. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.1 No Warranty of Accuracy or Outcomes

We specifically disclaim any warranties regarding:

• AI Accuracy: While our AI models are trained on best practices, AI-generated feedback and scores are not guaranteed to be 100% accurate and should be verified against professional judgment
• Educational Outcomes: We do not guarantee improved NCLEX pass rates, clinical competency, or any specific educational results
• Transcription Quality: Automatic transcription may contain errors, especially with poor audio quality, accents, or technical terminology

8.2 Availability and Performance

• Uninterrupted Access: We do not warrant that the Services will be available 24/7 without interruption or errors
• Maintenance: We may perform scheduled maintenance that temporarily limits access (we will provide advance notice when possible)
• Third-Party Dependencies: Service availability depends on third-party providers (AssemblyAI, OpenAI, cloud hosting) whose outages may affect our Services

8.3 Professional Judgment Required

8.4 No Liability for User Content

We are not responsible for:

• The accuracy, quality, or legality of User Content you or others submit
• Violations of privacy or intellectual property rights in User Content
• Offensive, harmful, or inappropriate content uploaded by users

8.5 Disclaimer of Implied Warranties

We disclaim all implied warranties, including:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Warranties arising from course of dealing or usage of trade

Jurisdictional Variations: Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, implied warranties are limited to the shortest duration permitted by law.

9. Limitation of Liability

9.1 Cap on Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, NURSEKIND AI'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total fees you paid to NurseKind AI in the 12 months immediately preceding the claim, OR
• $100 USD

9.2 Exclusion of Certain Damages

IN NO EVENT SHALL NURSEKIND AI BE LIABLE FOR:

• Indirect Damages: Loss of profits, revenue, business opportunities, or goodwill
• Consequential Damages: Arising from delays, errors, or service interruptions
• Incidental Damages: Costs of procuring substitute services
• Punitive or Exemplary Damages: Even if we have been advised of the possibility of such damages

9.3 Scope of Limitation

These limitations apply to claims based on:

• Breach of contract
• Breach of warranty
• Negligence or other torts
• Strict liability
• Any other legal theory

9.4 Exceptions

These limitations do NOT apply to:

• Our obligations under FERPA for data breaches or mishandling of student data
• Intentional misconduct or gross negligence by NurseKind AI
• Liability that cannot be excluded or limited by applicable law (e.g., personal injury, fraud)

9.5 Basis of the Bargain

You acknowledge that these limitations are an essential element of the agreement between you and NurseKind AI, and that the fees charged reflect this allocation of risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless NurseKind AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Violation of These Terms: Including prohibited conduct or unauthorized use
• Your User Content: Any claims that your recordings or content violate third-party rights (privacy, intellectual property, etc.)
• Your Breach of Representations: False statements about your authority, affiliation, or consent
• HIPAA Violations: Any liability arising from your submission of protected health information in violation of Section 3.4
• Negligence or Misconduct: Your negligent or willful actions while using the Services

Cooperation: We will notify you of any such claim and cooperate with your defense. You may not settle any claim without our prior written consent if the settlement imposes obligations on us.

11. Termination and Suspension

11.1 Termination by You

• Individual Users: Cancel your subscription at any time through app settings or by emailing [email protected]
• Institutional Users: Termination is governed by your institutional agreement (typically requires 30 days' written notice)

11.2 Termination by Us

We may suspend or terminate your access to the Services immediately, with or without notice, if:

• You violate these Terms (especially prohibited conduct in Section 4.3)
• Your account is used for fraudulent or illegal activities
• You fail to pay fees when due (after reasonable notice)
• We cease offering the Services (we will provide 60 days' notice where possible)
• Required by law or court order

11.3 Effect of Termination

Upon termination of your account:

• Access Ends: Your right to use the Services terminates immediately
• Data Retention: We will retain or delete your data as specified in our Privacy Policy (typically 90 days for individual users, per institutional agreement for institutions)
• No Refunds: Fees paid are non-refundable except as required by law
• Outstanding Obligations: You remain liable for any unpaid fees or obligations incurred before termination

11.4 Survival

The following sections survive termination:

• Section 4.4 (User Content License - for previously submitted content)
• Section 5 (Fees - for unpaid amounts)
• Section 6 (Intellectual Property)
• Section 7 (Privacy and FERPA obligations)
• Section 8 (Disclaimers)
• Section 9 (Limitation of Liability)
• Section 10 (Indemnification)
• Section 12 (Dispute Resolution)
• Section 13 (General Provisions)

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to reach a mutually acceptable resolution.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

12.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Nassau County, New York. You consent to the personal jurisdiction of such courts and waive any objection to venue.

12.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT INDIVIDUALLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.5 Institutional Arbitration

For disputes with institutional subscribers exceeding $50,000, either party may elect binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. The arbitration shall be conducted in New York, and the arbitrator's decision shall be final and binding.

13. Changes to These Terms

13.1 Right to Modify

We may update these Terms from time to time to reflect:

• Changes in our Services or business practices
• Legal or regulatory requirements
• Industry best practices or security improvements

13.2 Notice of Changes

We will provide notice of material changes by:

• Updating the "Effective Date" at the top of these Terms
• Posting a notice on our website for 30 days
• Sending email notification to registered users (for significant changes)
• In-app notifications (mobile app users)

13.3 Institutional Agreements

For changes that materially affect FERPA obligations or data handling practices:

• We will provide 60 days' advance notice to institutional subscribers
• We will negotiate amendments to institutional agreements as necessary
• Institutions may terminate without penalty within 30 days if they object to material changes

13.4 Acceptance of Modified Terms

Your continued use of the Services after the effective date of modified Terms constitutes acceptance. If you do not agree to the changes:

• Stop using the Services
• Contact us to terminate your account and request data deletion

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any institutional subscription agreement, constitute the entire agreement between you and NurseKind AI regarding the Services and supersede all prior agreements, understandings, and communications.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of NurseKind AI.

14.4 Assignment

• By You: You may not assign or transfer these Terms or your account without our prior written consent
• By Us: We may assign these Terms to any affiliate, successor, or acquirer in connection with a merger, acquisition, or sale of assets, with notice to you

14.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, or third-party service outages.

14.6 Export Compliance

The Services may be subject to U.S. export control laws. You agree not to export, re-export, or transfer the Services to any prohibited country, entity, or person without required authorizations.

14.7 Relationship of the Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and NurseKind AI. You have no authority to bind us or make commitments on our behalf.

14.8 Third-Party Beneficiaries

These Terms are for the benefit of you and NurseKind AI only. There are no third-party beneficiaries except as explicitly stated (e.g., our licensors under Section 6).

14.9 Feedback and Communication Preferences

By using the Services, you consent to receive operational communications from us (e.g., service announcements, security alerts) via email or in-app notifications. You may opt out of marketing communications but cannot opt out of essential service messages.

14.10 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict, the English version shall prevail.

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15. Contact Information

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16. Acknowledgment and Agreement

By clicking "I Agree," creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

For Individual Users: Your use of the app or website constitutes acceptance of these Terms.

For Institutional Users: Your institution's subscription agreement incorporates these Terms. Your use of NurseKind AI under an institutional subscription constitutes acceptance of these Terms on behalf of yourself and your institution (if authorized).

For Students: If you are accessing the Services through your educational institution, both these Terms and your institution's policies govern your use.

If you do not agree: Please do not use NurseKind AI. Contact your institution's administrator or our support team at [email protected] for questions or alternatives.