Terms of Service

Last updated: November 28, 2024

1. Agreement to Terms

By accessing or using CasperPrep ("the Service"), you agree to be bound by these Terms of Service. If you disagree with any part of the terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

2. Educational Nature

CasperPrep is an independent educational tool designed to assist students in preparing for the CASPer® test. We are not affiliated with, sponsored by, or endorsed by Acuity Insights, the administrators of the CASPer® test. Our scenarios and feedback are for practice purposes only and do not guarantee specific results on the actual exam.

The feedback provided by our system is based on general principles of medical ethics and professionalism. It is intended to be a guide for self-improvement and should not be considered as definitive or exhaustive. We encourage users to consult multiple sources and seek guidance from qualified professionals.

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

4. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CasperPrep and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CasperPrep.

5. User Content

Our Service allows you to record, store, and share video and text responses ("Content"). You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service for the purpose of providing feedback and improving our assessment methods. We will never share your personal recordings publicly without your explicit consent.

6. Subscription and Billing

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

7. Refund Policy

We offer a 14-day money-back guarantee for all our subscription plans. If you are not satisfied with the Service, you may request a full refund within 14 days of your initial purchase. To request a refund, please contact our support team. After the 14-day period, all fees paid are non-refundable.

8. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
  • To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

10. Indemnification

You agree to defend, indemnify, and hold harmless CasperPrep and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

11. Limitation of Liability

In no event shall CasperPrep, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

CasperPrep its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15. Contact Us

If you have any questions about these Terms, please contact us at legal@casperprep.com.