Terms of Service

1. Acceptance of Terms

By accessing or using the StudyBank Learning platform and related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and StudyBank Learning, Inc., a Delaware corporation with its principal place of business in Orange County, California (“StudyBank,” “Company,” “we,” “our,” or “us”).

2. Eligibility

The Service is intended for individuals who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the confidentiality and security of your login credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately at support@studybank.ai of any unauthorized access or use of your account

3.2 Account Security

You are solely responsible for maintaining the security of your account. StudyBank will not be liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4. Subscription Plans and Payment

4.1 Free and Paid Plans

StudyBank offers both free and paid subscription plans. Features available under each plan are described on our pricing page at studybank.ai/pricing. We reserve the right to modify features available under any plan with reasonable notice.

4.2 Billing and Payment

Paid subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. Payment is processed through our third-party payment processor, Stripe, Inc. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the applicable fees.

4.3 Free Trial

We may offer free trial periods at our discretion. Unless you cancel before the trial period ends, your subscription will automatically convert to a paid plan and you will be charged the applicable subscription fee.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide refunds for partial billing periods, except as required by applicable law. If you cancel within 14 days of your initial subscription purchase and have not substantially used the Service, you may request a full refund by contacting support@studybank.ai.

4.5 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days’ prior notice of any price increase via email to the address associated with your account. Price changes will take effect at the start of your next billing cycle following the notice period.

5. Acceptable Use Policy

5.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Sharing, transferring, or selling your account credentials to any third party
• Copying, reproducing, distributing, or creating derivative works from our content without express written permission
• Using the Service for any purpose that is unlawful or prohibited by these Terms
• Harassing, threatening, intimidating, or abusing other users
• Attempting to gain unauthorized access to other users’ accounts or any non-public areas of the Service
• Interfering with or disrupting the integrity, security, or performance of the Service
• Using automated tools, bots, scrapers, or other means to collect data from the Service
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service
• Uploading or transmitting viruses, malware, or any other malicious code
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Sharing actual exam questions, answers, or other proprietary testing materials

5.2 Enforcement

We reserve the right to investigate and take appropriate action against any violation of this section, including, without limitation, removing offending content, suspending or terminating accounts, and reporting illegal activities to law enforcement authorities.

6. Intellectual Property

6.1 StudyBank Content

All questions, explanations, study materials, software, graphics, logos, and other content provided through the Service (“StudyBank Content”) are owned by StudyBank or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use StudyBank Content solely for your personal, non-commercial educational purposes.

6.2 User-Generated Content

You retain ownership of content you create and post through the Service, such as forum posts, study notes, and comments (“User Content”). By posting User Content, you grant StudyBank a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and improving the Service. You represent and warrant that you have all rights necessary to grant this license.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you acknowledge that we may use such Feedback without restriction, compensation, or attribution. You hereby assign to StudyBank all rights, title, and interest in and to any Feedback you provide.

6.4 DMCA Notice

If you believe that content on the Service infringes your copyright, please send a notice complying with the Digital Millennium Copyright Act (DMCA) to our designated agent at support@studybank.ai. Your notice must include: (a) a description of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief; and (e) a statement under penalty of perjury that the information is accurate.

7. Community Guidelines

When using community features, including forums, study groups, and messaging, you agree to:

• Engage respectfully and constructively with other users
• Refrain from sharing copyrighted materials you do not have the right to distribute
• Not post spam, unsolicited advertisements, or commercial solicitations
• Not share actual exam questions, answers, or proprietary testing content
• Report violations of these guidelines to our team at support@studybank.ai

We reserve the right to moderate, remove, or edit content and to suspend or terminate accounts that violate these guidelines, at our sole discretion and without prior notice.

8. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or resources. StudyBank does not control and is not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

9. Disclaimers

9.1 Educational Purpose Only

StudyBank is an educational tool designed to supplement your medical education. The Service is not intended to replace formal medical education, clinical training, residency programs, or professional medical advice. We do not guarantee any specific exam scores, academic outcomes, or professional certifications.

9.2 No Warranty

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

9.3 Accuracy of Content

While we strive to maintain accurate and current content, medical knowledge is continually evolving. We do not warrant that all content is complete, accurate, or current. Users should always verify clinical information through authoritative sources such as peer-reviewed literature and clinical guidelines.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall StudyBank, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, data, goodwill, use, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Service.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amounts you have paid to StudyBank in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless StudyBank and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) your User Content.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at support@studybank.ai and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If the dispute is not resolved informally, you and StudyBank agree to resolve any remaining dispute through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in Orange County, California, unless you and StudyBank agree otherwise. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

You and StudyBank agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

12.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@studybank.ai or through your account settings.

13.2 Termination by StudyBank

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, prolonged inactivity, or conduct that we determine to be harmful to other users or the Service.

13.3 Effects of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may, at our discretion, delete your account data after a reasonable retention period
• You remain responsible for any outstanding payment obligations
• Sections 6, 9, 10, 11, 12, and 14 shall survive termination

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and StudyBank regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

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

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. StudyBank may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

15.5 Force Majeure

StudyBank shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, or governmental actions.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by sending an email to the address associated with your account and/or by posting a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.