Terms of Service

Effective Date: December 13, 2025

Platform Coverage:

iOS Mobile App Android Mobile App Web Application Institutional Dashboard

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.

Important: If you do not agree with these Terms, you may not use the Services. These Terms incorporate our Privacy Policy, which governs the collection, use, and protection of your information.

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

Critical Restriction: The Services are intended exclusively for non-clinical, educational use with simulated patient interactions. Recordings MUST NOT include:

Real patient interactions from clinical settings
Protected Health Information (PHI) under HIPAA
Identifiable patient data of any kind

NurseKind AI is NOT HIPAA-compliant. Using the Services to record real patient interactions violates patient privacy laws and these Terms.

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

School Official Exception: As a third-party service provider to educational institutions, NurseKind AI operates under the "school official exception" of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

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

Critical Disclaimer: NurseKind AI is an educational tool designed to supplement—not replace—professional faculty judgment and evaluation. Educational users (faculty, administrators, students) should:

Review AI-generated reports critically and independently verify findings
Use the Services as one component of comprehensive assessment, not the sole determinant of student performance
Apply their professional expertise and institutional standards when evaluating students

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.

15. Contact Information

General Inquiries

For questions about these Terms of Service:

Email: [email protected]

Subject Line: "Terms of Service Inquiry"

Legal Matters

For legal notices, FERPA compliance, or contract matters:

Email: [email protected]

Subject Line: "Legal Notice"

Institutional Partnerships

For institutional subscription inquiries or contract negotiations:

Email: [email protected]

Subject: "Institutional Inquiry"

Mailing Address:
NurseKind AI, Inc.
Attn: Legal Department
c/o Dr. Stacie Dee
Hofstra Northwell School of Nursing
Hempstead, NY 11549

Response Time: We will respond to all inquiries within 5 business days.

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.

NurseKind AI, Inc.

AI-Powered Humanistic Nursing Assessment Platform

Effective Date: December 13, 2025

Terms of Service

Last Updated: January 22, 2026

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:

NOT HIPAA-Regulated - Simulated Interactions Only

THE PLATFORM IS NOT SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND MUST NOT BE USED FOR REAL PATIENT CARE.

Critical Understanding:

Platform is designed EXCLUSIVELY for SIMULATED student-patient interactions
Platform processes educational role-play scenarios, case studies, and practice interactions
NO real patient Protected Health Information (PHI) may be submitted
Platform is NOT a healthcare delivery system or clinical documentation tool

STRICTLY PROHIBITED - Students May NOT:

Submit recordings of actual patient interactions from clinical settings
Include real patient names, medical record numbers, or other patient identifiers
Upload recordings containing genuine patient health information
Use Platform for any clinical care, diagnosis, or treatment purposes

Consequence of Violations:

Immediate account termination
Notification to educational institution
Potential HIPAA violations (student's responsibility)
Possible academic or legal consequences

If students have questions about whether content is appropriate, they MUST consult their instructor before submission.

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:

Upload audio recordings that include patient protected health information (PHI) from real clinical encounters
Submit recordings of actual patient interactions without proper consent and de-identification
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 [email protected] 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 [email protected]
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 [email protected] 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: [email protected]

Support: [email protected]

For privacy inquiries: [email protected]

For security issues: [email protected]

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.