Terms of Service for AusMedPrac

Welcome to AusMedPrac ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website (the "Site") and the services, features, content, and applications offered by us, including our AI-powered CASPer practice tools (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (available at /privacy-policy). If you do not agree to all the terms and conditions, then you may not access the Site or use any Services.

1. Description of Service

AusMedPrac provides a platform designed to help users practice for the CASPer test and similar assessments through realistic text and video scenarios. Users can submit responses to these scenarios and receive feedback generated by artificial intelligence models. The Services may include free tiers with limited access and paid subscription tiers offering expanded access and features.

2. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these requirements.

3. User Conduct and Responsibilities

You agree not to use the Services to:

* Violate any applicable local, state, national, or international law or regulation.
* Submit false or misleading information, including in your account details or responses.
* Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
* Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
* Transmit any worms, viruses, or any code of a destructive nature.
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
* Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services.
* Use the Services for any commercial purpose not expressly permitted by us.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

4. Fees, Payments, and Subscriptions

Certain features of the Services may require payment of fees (Subscriptions). All fees are quoted in Australian Dollars (AUD) unless otherwise specified.

* Billing: By purchasing a Subscription, you authorize us (through our third-party payment processor, Stripe) to charge your chosen payment method on a recurring basis (e.g., monthly, quarterly, yearly) for the subscription fee, plus any applicable taxes.
* Cancellation: You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period. You will retain access to the paid features until the end of that period.
* No Refunds: Subscription fees are generally non-refundable, except where required by applicable law or at our sole discretion. We do not provide refunds or credits for any partial subscription periods or unused Services.
* Fee Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any fee changes. Your continued use of the paid Services after a fee change constitutes your agreement to pay the modified fee.

5. Intellectual Property Rights

* Our Content: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, practice scenarios, and the design, selection, and arrangement thereof) are owned by AusMedPrac, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use strictly in accordance with these Terms.
* Your Responses: You retain ownership of the content of the responses you submit ("User Responses"). However, by submitting User Responses through the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Responses solely for the purpose of providing, maintaining, and improving the Services (including generating AI feedback and training AI models in an anonymized or aggregated form).

6. AI Feedback Disclaimer

The feedback provided by our AI models is intended for educational and practice purposes only. It is generated automatically and may contain inaccuracies, errors, or omissions.

* Not Professional Advice: AI feedback does not constitute professional advice (e.g., medical, legal, or admissions consulting). You should not rely solely on the AI feedback for making critical decisions.
* No Guarantee of Performance: Use of our Services and review of AI feedback does not guarantee any specific outcome, including passing the CASPer test or gaining admission to any program.
* Subjectivity: Assessment criteria for tests like CASPer can be subjective. AI feedback reflects an interpretation based on its training data and may not perfectly align with official scoring methods or human rater perspectives.

We strive to improve the accuracy and relevance of the AI feedback but make no warranties regarding its completeness, reliability, or suitability for any particular purpose.

7. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER AUSMEDPRAC NOR ANY PERSON ASSOCIATED WITH AUSMEDPRAC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AUSMEDPRAC NOR ANYONE ASSOCIATED WITH AUSMEDPRAC REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUSMEDPRAC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).

9. Indemnification

You agree to defend, indemnify, and hold harmless AusMedPrac, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Responses, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

10. Termination

We may terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including, without limitation, if we believe you have violated these Terms. You may terminate your account at any time by contacting us or using the account deletion features if available. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts or state courts located in Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We encourage you to contact us first to resolve any disputes amicably.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The updated version will be indicated by an updated "Last Updated" date and the updated version will be effective immediately upon being posted. If we make material changes to these Terms, we will notify you either by prominently posting a notice of such changes on the Site or by directly sending you a notification via email. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Contact Information

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

AusMedPrac Support
Email: support@ausmedprac.com

14. Miscellaneous

These Terms and our Privacy Policy constitute the sole and entire agreement between you and AusMedPrac regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.