Terms of Service

The Services are owned and operated by NGN Simulation Labs Ltd. (“ngnsimulation”, “we”, “us”), an Alberta corporation with its registered office at 11 South Shore Rd, Chestermere, Alberta T1X 2Y4, Canada.

By creating an account, purchasing a plan, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Services.

If you are Institutional Personnel registering accounts for, or directing the registration of, Student Users, you represent that you are authorized to enter into these Terms on behalf of your Institution and agree that each such Student User is bound by them — unless your Institution has a separate written Master Services Agreement with us, which governs instead.

If you are a parent or legal guardian consenting to a minor's use of the Services, you agree to be bound by these Terms in respect of that minor's use.

• “Services” — our marketing website and our products (NCLEX IT, Lumina AI, CareAide, SimMedAi, NOTCE AI-Tutor, and the MyLMS AI engine), including our APIs, AI-powered simulation and tutoring features, exam-preparation content, voice-based clinical practice tools, and any product or service we offer in future.
• “Content” — questions, explanations, simulations, software, and other materials we provide.
• “User Content” — anything you submit, upload, speak, or otherwise provide through the Services, including AI Content, voice transcripts, typed responses, notes, and communications.
• “Institution” — a college, university, polytechnic, school, health authority, employer, or other organization that has arranged access to the Services for its students, trainees, or staff.
• “Institutional Personnel” — instructors, program directors, clinical educators, and administrators accessing the Services on behalf of an Institution.
• “Student User” — a learner whose account is provisioned by, or associated with, an Institution.
• “Independent Learner” — an individual who registers and, where applicable, pays for the Services directly, without an Institution.
• “AI-Enabled Features” — features that use artificial intelligence, including simulated patient encounters, the AI tutor and study agents, AI-generated study notes, exam-question explanations, scenario generation, voice-based OSCE and workforce drills, SOAP-note feedback, and analytics.
• “Input” and “Output” — respectively, content you submit to an AI-Enabled Feature and content it returns. Together, “AI Content”.

Age floor. You must be at least 17 years of age to register for an account. If you are between 17 and the age of majority in your jurisdiction of residence (18 in Alberta), you may use the Services only if (a) your use is arranged and supervised by an Institution as part of an educational program, or (b) a parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Services are not directed to, and may not be used by, individuals under 14 years of age under any circumstances.

Suspended users. The Services are not available to any user previously suspended or removed from the Services by us.

Geographic scope. The Services are operated from Canada and intended primarily for users in Canada and the United States. We do not represent that the Services are appropriate or available in every jurisdiction, and access is prohibited where it would be unlawful. See Section 18.

You must provide true, accurate, and current information and keep your credentials secure. You are responsible for all activity under your account. If you suspect unauthorized access, notify support@ngnsimulation.com immediately.

One person per account. Accounts are personal to the registered user and may not be shared or transferred. Instructor and administrator accounts are restricted to verified Institutional Personnel, and we may verify institutional credentials before activating instructor capabilities.

Supplementary aid. The Services are provided as a supplementary educational aid and simulation tool — not as a substitute for institutional assessment, accredited clinical training, or faculty judgment.

Consents and notices (FOIP / FERPA). Institutions are solely responsible for providing all notices and obtaining all consents required under applicable privacy legislation — including Alberta's *Freedom of Information and Protection of Privacy Act* (FOIP), PIPEDA, and FERPA — for Student Users' access to the Services and for processing outside Canada.

Instructor visibility. Student Users acknowledge that Institutional Personnel associated with their cohort may review their simulation transcripts, exam scores, voice-drill results, and progress analytics.

Separate agreements. Where we enter into a written Master Services Agreement or Data Processing Addendum with an Institution, that agreement controls over these Terms in the event of a direct conflict. See our DPA summary.

This section applies to Independent Learners buying directly from us. Institutional billing is governed by the Institution's written agreement.

• Fees, taxes & currency. Subscription fees and billing intervals are displayed at checkout before you are charged. Prices are quoted in Canadian dollars (CAD) for Canadian users and US dollars (USD) for other users. Applicable sales taxes (GST/HST/PST or US state sales tax) are calculated and added at checkout based on your location.
• Payment processing. Payments are processed securely by Stripe (Stripe Payments Canada Ltd.). We do not store full credit-card numbers.
• Automatic renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless cancelled before renewal. Renewal terms are disclosed before purchase.
• Price changes. We may change subscription pricing on at least thirty (30) days' advance notice by email. Continued use after the notice period constitutes acceptance of the new price; changes do not affect the current paid period.
• Free trials. Trials convert automatically to paid subscriptions at the end of the promotional period unless cancelled at least 24 hours before it expires.

You may cancel an auto-renewing subscription at any time from your account settings or by emailing support@ngnsimulation.com. Cancellation stops the next renewal and takes effect at the end of the current paid period.

Voluntary refund window. First-time Independent Learners purchasing an annual subscription may request a full refund within fourteen (14) days of purchase by contacting support@ngnsimulation.com. Monthly subscriptions are non-refundable.

Statutory rights are unaffected. Nothing above limits the cancellation and refund rights you have under Alberta's *Consumer Protection Act* and its Internet Sales Contract Regulation, or under the mandatory consumer-protection law of your place of residence.

• No medical advice. The Services — including all simulated scenarios, AI responses, voice feedback, and Output — are provided solely for educational and practice purposes. They are not medical, nursing, diagnostic, or clinical advice and must never be used in connection with real patient care. All patient profiles are simulated and fictional.
• No real patient data. You are strictly prohibited from entering identifiable real patient health information into the Services.
• Not accredited instruction. The Services do not replace your health-care program, accredited clinical training, or supervised practice hours.
• No outcome guarantees. We do not guarantee any particular result or score, that you will pass any professional licensing examination, or that you will secure employment.

No regulatory affiliation

NGN Simulation Labs Ltd. is an independent educational-technology company. It is not affiliated with, endorsed by, or sponsored by any regulatory college or examination board. All trade-marks — including NCLEX®, CPNRE®, REx-PN®, USMLE®, and OSCE® — are the property of their respective owners and are used strictly for nominative, educational-alignment purposes.

Nature of AI output. AI-Enabled Features rely on probabilistic models. Output may contain factual errors, clinical inaccuracies, or biased language. You are required to independently verify all clinical information against authoritative textbooks and official clinical guidelines, and to keep a qualified human in the loop for anything that informs practice.

No model training on your Input. Our enterprise arrangements with our infrastructure providers (Google Cloud Vertex AI) contractually prohibit the provider from using your Input or Output to train general-purpose or foundation AI models. See Privacy Policy §13.

Transient processing. Microphone audio captured during voice OSCE stations, SBAR drills, and speech exercises is processed transiently in volatile memory, solely to extract a text transcript and acoustic delivery metrics (pace, clarity, pauses). Raw audio is purged on session completion; transcripts and scorecards are saved to your learning record.

No biometric identification. These features analyze speech-delivery mechanics only. We do not create biometric voiceprints and do not use audio for biometric identification.

Subject to these Terms and your plan, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own study or instruction (or internal institutional use). Scraping, bulk downloading, and extracting data to train third-party AI models are strictly prohibited. All use must comply with our Acceptable Use Policy.

We retain all right, title, and interest in the Services and all Content — including the UI, API, scenario banks, question databases, AI prompts, underlying algorithms, and brand features — end to end. Except for the limited licence above, no rights are granted to you. Our names, logos, and brand features may not be used without our prior written permission.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Services.

You retain ownership of the User Content you author. You grant us a non-exclusive, royalty-free, worldwide licence to host, display, adapt, and process it solely to operate, maintain, and improve the Services, including the use of de-identified, aggregated interaction data to refine simulation logic. This licence goes no further than that, and is subject to our Privacy Policy. You are responsible for your User Content and must have the rights to submit it.

Instructor-authored content. Instructors and Institutions that author custom scenario scripts on the platform retain ownership of that custom intellectual property, and grant us a non-exclusive licence to host and render the scenario for their designated cohorts.

You agree not to:

• resell or otherwise commercially exploit the Services;
• enter real, identifiable patient health records;
• commit academic dishonesty or breach examination confidentiality;
• scrape, reverse engineer, or extract platform code or content;
• bypass tenant isolation or other security controls; or
• use the platform, its Content, or its Output to train competing AI models.

The full list of prohibited uses is set out in our Acceptable Use Policy.

In accordance with Canada's *Copyright Act* notice-and-notice regime and the US Digital Millennium Copyright Act, notices of claimed copyright infringement should be directed to our designated agent at copyright@ngnsimulation.com or 11 South Shore Rd, Chestermere, Alberta T1X 2Y4, Canada. Please include the information required by the applicable statute so we can act on your notice.

Platform completion certificates evidence simulation activity on the platform only. They do not confer academic degree credit, clinical practice hours, or regulatory registration unless your Institution or governing regulatory body expressly recognizes them.

The Services may rely on or link to third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms. The providers we rely on are listed in our sub-processors list.

Quebec. Until our French-language localization required by Quebec's *Charter of the French Language* (as amended by Bill 96) is complete, we do not offer direct-to-consumer signups to residents of Quebec. Quebec institutions may access the Services under a written agreement that addresses French-language requirements.

Sanctions & export controls. You represent that you are not located in, and are not a national or resident of, any country or region subject to Canadian or US sanctions or embargo, and that you are not on any applicable restricted-party list. You may not export or re-export the Services in violation of Canadian or US export-control laws.

Except as required by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that Content is complete or accurate. Statutory consumer guarantees under provincial law that cannot be waived remain unaffected.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill. Our total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) CAD $100. Some jurisdictions do not allow certain limitations, and nothing here limits liability that cannot be limited by law — including under applicable consumer-protection legislation.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NGN Simulation Labs Ltd. and its officers, directors, employees, and agents from third-party claims and costs arising out of your misuse of the Services, your User Content, or your breach of these Terms or applicable law. This indemnity does not apply to consumers to the extent restricted by applicable consumer-protection legislation.

We may suspend or terminate your access if you breach these Terms or the Acceptable Use Policy, or to protect the Services or others. You may stop using the Services at any time. Provisions that by their nature should survive termination (for example intellectual property, disclaimers, liability, and governing law) will survive.

Governing law. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules.

Exclusive forum. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts of the Province of Alberta sitting in Calgary, Alberta, and each party irrevocably submits to that jurisdiction — except where applicable consumer-protection law gives you the right to bring proceedings elsewhere. Nothing in these Terms limits non-waivable consumer rights you have under the law of your home jurisdiction.

Limitation period. Consistent with section 7(2) of Alberta's *Limitations Act*, claims are subject to the statutory two-year basic limitation period. We do not contractually shorten it.

If you access a product through an Institution, your use is also subject to the agreement between us and that Institution, which may modify or supersede parts of these Terms for that access. Institutional and reseller terms are set out in separate written agreements — see our DPA summary and reseller terms.

Changes. We may update these Terms on thirty (30) days' advance notice by email or in-platform notification. If an Institution objects in writing within 30 days to a material change affecting student privacy rights, the prior terms remain in effect for that tenant until the end of its current subscription term.

General. If any provision is held invalid, the remainder continues in full force. Failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact. NGN Simulation Labs Ltd., 11 South Shore Rd, Chestermere, Alberta T1X 2Y4, Canada. Support: support@ngnsimulation.com · Legal: legal@ngnsimulation.com · Privacy Officer: Jay Kambo, Privacy Officer — privacy@ngnsimulation.com.