Terms of Service

AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and NurseKind AI, LLC ("NurseKind," "we," "us," or "our") governing your access to and use of the NurseKind AI platform, including our mobile applications, web-based dashboard, Canvas LMS integration, and all related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

IMPORTANT NOTE FOR INSTITUTIONAL USERS

These Terms of Service apply to individual student users and general website visitors. If you are accessing the Platform through an institutional subscription (university, college, nursing school), your use is governed by the Master Services Agreement or Pilot Agreement executed between your institution and NurseKind.

Order of Precedence for Institutional Users

Master Services Agreement or Pilot Agreement (controls all commercial and institutional terms)

Data Processing Agreement (controls student data privacy and security)

These Terms of Service (apply only to extent not superseded by institutional agreements)

In the event of conflict between these Terms and an institutional agreement, the institutional agreement controls. These Terms provide baseline usage requirements and acceptable use policies that apply to all users.

IMPORTANT EXCLUSIONS AND LIMITATIONS OF USE

BEFORE USING THE PLATFORM, USERS MUST UNDERSTAND THE FOLLOWING CRITICAL LIMITATIONS AND EXCLUSIONS:

HIPAA-Compliant Clinical Use

NURSEKIND AI IS HIPAA-COMPLIANT FOR RECORDED CLINICAL INTERACTIONS, INCLUDING SESSIONS INVOLVING REAL PATIENTS, PROVIDED THAT APPROPRIATE PATIENT AUTHORIZATION HAS BEEN OBTAINED. THIS APPLIES TO THE PLATFORM'S CLINICAL RECORDING & ASSESSMENT FEATURE.

The Platform has two distinct modes, with different HIPAA treatment:

• Clinical Recording & Assessment (real patient interactions): audio is transcribed and analyzed using Business Associate Agreement-covered processors only (AssemblyAI for transcription, Google Cloud for storage and AI-assisted scoring). This mode may be used for real patient interactions with proper authorization.
• AI Patient Practice Sessions (voice-based simulation): these use fictional, institution-authored scenarios only. The Platform technically blocks any scenario not flagged as fictional/educational from reaching this feature, so no real patient data is ever transmitted here. Because no PHI is processed in this mode, it operates under FERPA (educational records), not HIPAA. See our Privacy Policy for details.

Key Requirements (Clinical Recording & Assessment mode):

• Obtain patient authorization as required by your institution and applicable law before recording real patient interactions
• Use complies with your institution's HIPAA Privacy and Security policies
• PHI processed on the platform is protected under AES-256 encryption, role-based access controls, and tamper-evident audit logs per HIPAA §164.312(b)
• NurseKind AI operates under Business Associate Agreements with every data processor that handles PHI (AssemblyAI, Google Cloud). Processors that never receive PHI, such as the AI Patient Practice Sessions model provider, are outside HIPAA's BAA requirement

NOT a Clinical Decision Support Tool

THE PLATFORM PROVIDES EDUCATIONAL ASSESSMENT ONLY AND MUST NOT BE USED FOR CLINICAL DECISION-MAKING.

Platform Purpose:

• Educational assessment of communication skills
• Formative feedback for student professional development
• Practice and improvement of therapeutic communication techniques
• Program evaluation and educational quality improvement

Platform is NOT:

• A clinical decision support system
• A diagnostic tool
• A patient care recommendation system
• A clinical competency certification tool
• A replacement for clinical preceptor evaluation
• A medical device or healthcare technology

Users Must Understand:

• Platform feedback is for learning purposes only
• AI assessments do not determine clinical fitness or patient care capability
• Platform results do not diagnose, treat, or provide medical advice
• All patient care decisions must be made by qualified healthcare professionals using appropriate clinical tools

The Platform operates exclusively in the educational domain and has no application to actual patient care.

Supplemental Tool - NOT Sole Basis for Grading

AI-GENERATED ASSESSMENTS ARE SUPPLEMENTAL AND REQUIRE FACULTY OVERSIGHT FOR ALL EDUCATIONAL DECISIONS.

Faculty Authority:

• Faculty and institutions retain EXCLUSIVE AUTHORITY for all grading decisions
• AI-generated scores are ADVISORY inputs only
• Platform results inform but do NOT determine grades or competency
• Professional judgment of qualified educators supersedes all AI assessments

High-Stakes Decisions Require Human Review:

• Pass/fail determinations
• Clinical progression decisions
• Graduation eligibility
• Remediation requirements
• Competency certifications
• Any decision affecting student academic standing

Platform Limitations Users Must Accept:

• AI assessments may be inaccurate or incomplete
• Technology cannot capture all nuances of human interaction
• Assessment algorithms have inherent limitations
• Results should be considered alongside multiple evaluation methods

NurseKind's Disclaimed Responsibilities:

• We do NOT make educational decisions
• We do NOT determine student grades or progression
• We do NOT certify clinical competency
• We do NOT recommend academic outcomes
• We assume NO responsibility for how institutions use Platform data

Educational Authority:

ALL decisions regarding student performance, grading, progression, graduation, and clinical competency remain the SOLE RESPONSIBILITY of faculty and educational institutions.

Students and faculty must use Platform assessments as ONE data point within a comprehensive educational evaluation framework, never as the sole or primary basis for important educational decisions.

DEFINITIONS

"Student" means an individual enrolled in a nursing education program at an Institution who uses the Platform to submit audio recordings for assessment.

"Faculty" or "Instructor" means an authorized representative of an Institution who uses the Platform to review student assessments and performance data.

"Institution" or "Customer" means the educational institution (college, university, nursing school) that has entered into an agreement with NurseKind for use of the Platform.

"Administrator" means an authorized representative of an Institution with administrative access to Platform configuration, user management, and institutional analytics.

"Content" means audio recordings, transcripts, assessment scores, feedback, analytics, and any other data or materials uploaded to, generated by, or transmitted through the Platform.

"Assessment" means the AI-generated evaluation of humanistic nursing behaviors based on analysis of student-patient interaction recordings.

ACCOUNT TYPES AND ACCESS

Student Accounts

Student accounts are created and provisioned by Institutions through:

• Direct upload of student roster data
• Canvas LMS integration
• CSV batch upload by Institution administrators

Students receive Platform access through:

• Institutional subscription (Institution-paid)
• Individual subscription via mobile app in-app purchase ($3.99 per assessment)

Faculty Accounts

Faculty accounts are created by Institution administrators and provide access to:

• Review student audio recordings and transcripts
• View AI-generated assessment scores and feedback
• Access student performance analytics
• Generate reports for enrolled students
• Download student assessment data

Administrator Accounts

Administrator accounts provide access to:

• User management and provisioning
• Institutional configuration settings
• Program-wide and institution-wide analytics
• Audit logs and compliance reporting
• Data export functionality

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Logging out when not actively using the Platform

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

FERPA COMPLIANCE AND SCHOOL OFFICIAL DESIGNATION

Education Records

The Institution designates NurseKind AI as a "school official" with "legitimate educational interests" under the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g and 34 C.F.R. § 99.31(a)(1).

NurseKind AI:

• Operates under the direct control of the Institution
• Uses student education records solely for authorized educational purposes
• Maintains appropriate security safeguards
• Does not re-disclose education records except as permitted by FERPA

Student Consent Not Required

Because NurseKind operates as a school official under FERPA, student consent is not required for the Institution to share student education records with the Platform. However, Institutions remain responsible for providing students with annual FERPA notifications and maintaining compliance with all FERPA requirements.

Institutional Responsibilities

The Institution retains full ownership and control of student education records and is responsible for:

• Determining appropriate uses of the Platform
• Ensuring students receive required FERPA notifications
• Responding to student requests for access, correction, or deletion of records
• Maintaining compliance with FERPA and other applicable laws

ACCEPTABLE USE POLICY

Permitted Uses

You may use the Platform only for:

Students:

• Recording and submitting student-patient interaction simulations for educational assessment
• Reviewing AI-generated feedback on communication skills and humanistic nursing behaviors
• Tracking personal progress and performance over time
• Completing assigned coursework as directed by Institution

Faculty:

• Assessing student performance in nursing communication skills
• Providing supplemental feedback and instruction
• Monitoring student progress
• Evaluating program effectiveness
• Conducting educational research approved by Institution

Administrators:

• Managing user access and institutional configuration
• Monitoring platform usage and effectiveness
• Generating reports for program evaluation and accreditation
• Ensuring institutional compliance with educational standards

Prohibited Uses

You may NOT use the Platform to:

Content Violations:

• Submit recordings of actual patient interactions without proper patient authorization as required by applicable law and your institution's HIPAA policies
• Upload content containing hate speech, discrimination, harassment, or threats
• Submit pornographic, obscene, or sexually explicit material
• Upload copyrighted material without authorization

Security Violations:

• Attempt to gain unauthorized access to any portion of the Platform
• Probe, scan, or test the vulnerability of the Platform or any network
• Circumvent authentication or security measures
• Access data not intended for you or log into an account you are not authorized to access
• Interfere with service to any user, host, or network (including denial-of-service attacks)

Integrity Violations:

• Submit recordings completed by another person as your own work
• Use the Platform to facilitate academic dishonesty or plagiarism
• Share assessment content or questions to provide unfair advantage
• Manipulate or falsify assessment results
• Submit the same recording for multiple distinct assignments without instructor permission

System Violations:

• Reverse engineer, decompile, or disassemble any portion of the Platform
• Attempt to extract or recreate the source code or underlying algorithms
• Use automated tools (bots, scrapers) to access the Platform
• Place unreasonable burden on Platform infrastructure
• Remove or modify any copyright, trademark, or proprietary notices

Commercial Violations:

• Resell, redistribute, or provide commercial access to the Platform
• Use the Platform for purposes unrelated to nursing education
• Extract data for competing products or services

Consequences of Violations

Violations of this Acceptable Use Policy may result in:

• Warning and requirement to cease prohibited activity
• Temporary suspension of account access
• Permanent termination of account
• Notification to Institution administrators or academic integrity officials
• Legal action for damages or injunctive relief

AI-GENERATED ASSESSMENTS AND ACCURACY DISCLAIMER

AI Assessment Methodology

The Platform uses artificial intelligence to analyze audio recordings and generate assessments of humanistic nursing behaviors, including:

• Therapeutic communication techniques
• Empathy and active listening
• Patient-centered care approaches
• Cultural sensitivity and respect

AI assessments are based on:

• Transcription of audio recordings via AssemblyAI
• Natural language processing and analysis via OpenAI GPT-4
• Comparison to evidence-based nursing communication frameworks
• Evaluation rubrics aligned with NCSBN Clinical Judgment Measurement Model

Accuracy Limitations

AI-GENERATED ASSESSMENTS ARE PROVIDED AS A SUPPLEMENTAL EDUCATIONAL TOOL AND ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR ERROR-FREE.

The Platform does not:

• Replace human judgment in evaluating student competency
• Guarantee correlation with clinical performance outcomes
• Account for all contextual factors in student-patient interactions
• Detect all errors or identify all areas for improvement

Factors that may affect AI assessment accuracy include:

• Audio recording quality and background noise
• Speech clarity and accents
• Technical terminology or non-standard language
• Complexity of clinical scenarios
• Limitations of current AI technology

Educational Decision-Making Authority

ALL DECISIONS REGARDING STUDENT GRADES, ACADEMIC STANDING, CLINICAL COMPETENCY, PROGRESSION, GRADUATION, AND LICENSURE ELIGIBILITY REMAIN THE SOLE RESPONSIBILITY OF THE INSTITUTION AND ITS AUTHORIZED REPRESENTATIVES.

NurseKind AI:

• Provides assessment scores and feedback as advisory input only
• Does not make determinations of student competency or fitness for nursing practice
• Does not recommend or influence grading, progression, or graduation decisions
• Assumes no responsibility for educational or clinical decisions made using Platform data

Faculty and administrators must:

• Exercise professional judgment in evaluating student performance
• Consider AI assessments as one of multiple evaluation factors
• Review audio recordings and transcripts when making high-stakes decisions
• Not rely solely on AI-generated scores for critical competency determinations

Continuous Improvement

We continuously work to improve AI assessment accuracy through:

• Algorithm refinement based on faculty feedback
• Validation studies against expert human assessment
• Regular updates to assessment frameworks
• Quality assurance testing

However, we make no guarantee that AI assessments will improve over time or meet specific accuracy thresholds.

INTELLECTUAL PROPERTY RIGHTS

NurseKind Intellectual Property

The Platform and all associated content, features, and functionality (including but not limited to software, code, algorithms, user interfaces, designs, text, graphics, logos) are owned by NurseKind AI, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Platform
• Create derivative works based on the Platform
• Attempt to extract source code or algorithms except as permitted by law

Student-Generated Content

Students retain ownership of the original audio recordings they submit to the Platform.

By submitting Content to the Platform, Students grant NurseKind:

• A non-exclusive, worldwide, royalty-free license to store, process, transcribe, and analyze recordings solely for providing Platform services
• Permission to display recordings and related data to authorized Institution faculty and administrators
• Right to use de-identified, anonymized, and aggregated data for Platform improvement and research

This license terminates when Content is deleted from the Platform, except for:

• Aggregated, de-identified data that cannot reasonably identify individual students
• Content retained in backup systems for up to 30 days after deletion

AI-Generated Content

AI-generated assessment scores, feedback, and analytics are created by NurseKind's AI systems based on analysis of student recordings.

Ownership and Rights in AI-Generated Content:

• Institutions and Students may use AI-generated assessments for educational purposes
• AI-generated content may be similar to content generated for other students and is not guaranteed to be unique
• AI-generated content is provided as-is without warranty of originality or copyright protection
• NurseKind retains the right to use aggregated, de-identified assessment data for Platform improvement

Under current U.S. Copyright Office guidance, purely AI-generated content without substantial human creative contribution is not copyrightable.

Feedback and Suggestions

If you provide NurseKind with feedback, suggestions, or ideas about the Platform ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without compensation or attribution.

CANVAS LMS INTEGRATION

Current Integration Functionality

The Platform currently integrates with Canvas Learning Management System to:

• Synchronize student roster data
• Authenticate users via Canvas credentials (Single Sign-On)
• Display Platform assignments within Canvas courses

Future Grade Passback Functionality

When implemented, Canvas grade passback will:

• Automatically transfer assessment scores from NurseKind to Canvas gradebook
• Sync completion status for assigned assessments
• Update grade information based on Instructor-defined mapping rules

Data Flow and Privacy

Canvas integration involves:

• Read access to student roster and course enrollment data
• Write access to Canvas gradebook (when grade passback is implemented)
• Authentication token exchange for secure communication

All data exchanged with Canvas is subject to this Terms of Service and our Privacy Policy.

Canvas Terms of Service

Your use of Canvas LMS is subject to Canvas's separate Terms of Service and your Institution's Canvas policies. NurseKind is not responsible for Canvas functionality, availability, or compliance.

PAYMENT TERMS (INDIVIDUAL STUDENT SUBSCRIPTIONS)

Pricing

Individual students may purchase assessment credits via mobile app:

• $3.99 per assessment (iOS in-app purchase)
• Pricing subject to change with 30 days notice
• Pricing may vary by region due to currency conversion and app store policies

Payment Processing

Payments are processed by:

• Apple App Store (iOS)
• Google Play Store (Android - when available)

All payment processing is subject to the respective app store's terms and conditions. NurseKind does not store credit card or payment information.

Refund Policy

Refunds for individual assessment purchases:

• Available within 7 days of purchase if assessment has not been submitted
• Not available after assessment has been submitted and scored
• Processed through app store refund mechanisms

Contact privacy@nursekind.ai for refund requests.

Institutional Subscriptions

Pricing and payment terms for institutional subscriptions are governed by separate Master Services Agreements between NurseKind and the Institution.

TERM AND TERMINATION

Term for Individual Users

For students with individual subscriptions, these Terms remain in effect for as long as you access or use the Platform.

Termination by You

You may terminate your account at any time by:

• Contacting privacy@nursekind.ai
• Requesting account deletion through your Institution (for institutional subscriptions)

Upon termination:

• Your access to the Platform will be revoked
• Your Content will be deleted according to our data retention policy (60 days after account closure)

Termination by Us

We may suspend or terminate your access immediately without notice if:

• You violate these Terms or our Acceptable Use Policy
• Your account poses a security risk
• Required by law or court order
• Your Institution's agreement with NurseKind is terminated

Effect of Termination

Upon termination:

• All rights and licenses granted to you under these Terms will immediately cease
• You must cease all use of the Platform
• Provisions that by their nature should survive termination will survive (including intellectual property, disclaimers, limitations of liability, indemnification)

DISCLAIMERS AND LIMITATIONS OF LIABILITY

WARRANTY DISCLAIMER

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- IMPLIED WARRANTIES OF MERCHANTABILITY

- IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE

- IMPLIED WARRANTIES OF NON-INFRINGEMENT

- IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT THAT:

• The Platform will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Platform or servers are free of viruses or harmful components
• Results obtained from use of the Platform will be accurate or reliable
• AI-generated assessments will meet your expectations or requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NURSEKIND AI, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

Consequential Damages:

- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES

- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY

- DAMAGES FOR ACADEMIC OR CAREER CONSEQUENCES

- DAMAGES RESULTING FROM RELIANCE ON AI-GENERATED ASSESSMENTS

Even if we have been advised of the possibility of such damages.

Cap on Direct Damages:

• Our total liability for direct damages shall not exceed the greater of: (a) $100, or (b) the amount you paid to NurseKind in the 12 months preceding the claim

Exceptions:

This limitation does not apply to:

• Liability that cannot be excluded by law
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Violations of student data privacy under applicable law

Basis of the Bargain

The disclaimers and limitations in this section form an essential basis of the agreement between you and NurseKind. The Platform would not be provided without these limitations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NurseKind AI, LLC, its officers, directors, employees, agents, affiliates, and service providers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any Content you submit to the Platform
• Academic dishonesty or integrity violations involving your use of the Platform

This indemnification obligation survives termination of these Terms.

DISPUTE RESOLUTION

Informal Resolution

Before filing a claim, you agree to contact us at legal@nursekind.ai to seek informal resolution. We will attempt to resolve the dispute within 30 days.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles.

Jurisdiction and Venue

For Institutions:

Disputes will be resolved according to the dispute resolution provisions in the Master Services Agreement.

For Individual Users:

Any legal action arising from these Terms must be filed in the state or federal courts located in Suffolk County, New York. You consent to the exclusive jurisdiction of these courts.

Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CHANGES TO TERMS

We may modify these Terms at any time by posting updated Terms on our website with a new "Last Updated" date.

For Material Changes:

• We will notify users via email and in-Platform notification at least 30 days before changes take effect
• Institutions will be notified according to their Master Services Agreement
• Continued use after the effective date constitutes acceptance of new Terms

For Non-Material Changes:

• Changes take effect immediately upon posting
• We encourage periodic review of these Terms

GENERAL PROVISIONS

Entire Agreement

For individual users, these Terms and our Privacy Policy constitute the entire agreement regarding use of the Platform.

For Institutions, the Master Services Agreement between Institution and NurseKind controls in the event of conflict with these Terms.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to be enforceable while reflecting the parties' intent.

No Waiver

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

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of terrorism, labor disputes, government actions, or internet service provider failures.

Export Control

The Platform may be subject to U.S. export control laws. You may not use or export the Platform in violation of U.S. export laws and regulations.

U.S. Government Rights

The Platform is a "commercial item" as defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation." U.S. Government users acquire rights consistent with this commercial licensing.

CONTACT INFORMATION

For questions about these Terms:

NurseKind AI, LLC

418 Broadway STE R, Albany, NY, 12207, USA

Albany, NY, 12207, USA

Email: legal@nursekind.ai

Support: support@nursekind.ai

For privacy inquiries: privacy@nursekind.ai

For security issues: security@nursekind.ai

ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

IF YOU ARE USING THE PLATFORM ON BEHALF OF AN INSTITUTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE INSTITUTION TO THESE TERMS.

This Terms of Service is effective as of the "Last Updated" date above.