Subscription Program and End User License Agreement

This Subscription Program and End User License Agreement ("Agreement") is between ClassroomPulse.io, operator of TAFMEDS ("TAFMEDS," "we," "us," or "our"), and you. TAFMEDS provides a subscription-based educational technology program that enables authorized end users to access and use the TAFMEDS web application, progressive web app, related software components, content, documentation, and any updates or support materials we make available (collectively, the "Software") through our online offering (the "Service").

The Service is hosted at tafmeds.comand related domains, subdomains, APIs, and infrastructure used to provide TAFMEDS (the "TAFMEDS Site"). This Agreement applies to your use of the Software, the Service, any third-party software or content included in the Service, and any new versions, updates, supplements, content, support, or related services we provide.

By accessing or using the Service or Software, you accept this Agreement. If you do not accept this Agreement, you may not use the Service or Software. Your use also operates as consent to the transmission of certain account, device, usage, and learning information needed to provide Internet-based services, as described below and in our Privacy Policy.

During the Term and subject to this Agreement, TAFMEDS grants you a non-exclusive, non-transferable, non-sublicensable, limited, and terminable license throughout the Territory to use the Service and Software for lawful educational, professional development, exam-preparation, research-consented, or institution-approved purposes.

1.1 Service

You may access and use the Service by signing in with the username, email, single sign-on credential, or other login method activated for your account ("Logon"). The license is limited to your authorized use of the Service and related applications through the Internet in the Territory. Unless we expressly agree otherwise in writing, you may not use the Service for resale, outsourced commercial services, or any purpose unrelated to education, training, research, or professional learning.

1.2 Software

You may use the Software through the web, supported browsers, supported devices, installed progressive web app features, and offline components we make available. The Software is licensed as a single integrated service. You may not separate, extract, repackage, or install components on different systems except as the Service expressly allows.

1.3 Territory

The territory of this Agreement is worldwide, except where use is prohibited by applicable law, export restriction, sanctions program, or institutional policy.

1.4 Documentation

You may copy or download documentation we provide solely for your personal, classroom, institutional, or internal reference use in connection with authorized use of TAFMEDS.

1.5 Media Elements and Templates

Flashcards, decks, images, audio, video, charts, templates, examples, generated content, and other media elements included with or made available through the Software ("Media Elements") may be used only within TAFMEDS or as expressly permitted by platform export, assignment, classroom, or accessibility features. You may not copy, publish, train models on, distribute, sell, or reuse Media Elements outside the Service unless TAFMEDS or a separate written agreement expressly permits that use.

The term of this Agreement ("Term") begins when you first accept this Agreement, create an account, access the Service, or use the Software, whichever occurs first, and continues until terminated. Subscription access may also be subject to payment status, seat assignment, institution contract terms, trial limits, or plan eligibility.

This Agreement terminates automatically if you materially breach this Agreement, our Terms of Service, an applicable institution agreement, or another policy governing use of the Service. We may also suspend or terminate access to protect users, student data, the platform, our legal obligations, or the integrity of practice, assessment, billing, or research records.

Upon termination, all rights and licenses granted to you terminate. You must stop using the Service, Software, Media Elements, and any copies in your possession. Your Logon may no longer provide access. We may retain account, learning, audit, billing, support, and research records as described in our Privacy Policy, applicable law, institutional agreements, and research consent documents.

You may provide feedback, ideas, suggestions, usability notes, bug reports, requests, or other comments about the Service or Software ("Feedback"). You grant TAFMEDS a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, share, commercialize, and otherwise exploit Feedback for any purpose without restriction, permission, attribution, or compensation.

Do not include confidential student, client, patient, or institutional information in Feedback unless it is necessary for support and you are authorized to provide it.

Your Logon is personal to you and may be used only by you unless an institution-approved role or delegated-access feature expressly allows otherwise. You agree to keep passwords, access links, one-time codes, and authentication credentials confidential and to notify us promptly if you suspect unauthorized access.

You are responsible for activity under your Logon to the extent permitted by law. Shared accounts, credential sharing, impersonation, and attempts to bypass identity, seat, role, or entitlement controls are prohibited.

You agree not to:

• Copy, modify, sublicense, distribute, market, sell, rent, lease, or transfer the Service or Software
• Reverse engineer, reverse compile, decompile, disassemble, or attempt to access source code or non-public components
• Scrape, crawl, bulk export, index, harvest, or train machine-learning systems on Service content without written permission
• Remove, obscure, or alter copyright, trademark, proprietary, confidentiality, or attribution notices
• Bypass, disable, or interfere with authentication, authorization, security, rate limit, entitlement, billing, or integrity controls
• Submit false, misleading, unlawful, infringing, malicious, or unauthorized information or content
• Misrepresent practice, exam-prep, assessment, student, billing, institution, or research activity
• Use the Service in violation of export laws, sanctions laws, privacy laws, education laws, or other applicable requirements

As between you and TAFMEDS, TAFMEDS retains all right, title, and interest in and to the Service, Software, data models, code, technical documentation, product design, scoring methods, algorithms, and platform-generated system materials. All rights not expressly granted are reserved.

The Software and Service include features that connect to the TAFMEDS Site and related infrastructure. You may not receive a separate notice each time these features connect. By using the Service or Software, you consent to these Internet-based services.

• Authentication and licensing: We transmit authentication tokens, account identifiers, role, subscription, and entitlement information to verify that you are authorized to use the Service.
• Updates and support: We may process browser, device, operating system, app version, error, and diagnostic information to provide updates, security patches, support, and compatibility improvements.
• Learning records: The Service transmits practice responses, timings, accuracy, fluency, deck activity, assignment activity, assessment data, and related metadata so we can provide dashboards, reports, recommendations, continuity across devices, and institution-approved learning analytics.
• Aggregated and de-identified data: We may use aggregated or de-identified information to improve, secure, evaluate, or report on the Service, as permitted by law and applicable agreements.

7.1 Right to Provide Data

You represent that you have the right and authority to provide information to TAFMEDS through the Service, including information about students, learners, classes, assignments, custom decks, or institution users whose use you oversee. You are responsible for obtaining any required permissions, notices, authorizations, consents, or institutional approvals before providing that information.

You or your institution retain ownership of education records, user-submitted content, and other data you provide, subject to the licenses and processing rights needed for TAFMEDS to operate, secure, support, analyze, and improve the Service and to comply with law and applicable agreements. TAFMEDS does not sell student education records or use institution-provided student records for targeted advertising.

7.2 FERPA and Student Privacy

If you are an agent, representative, employee, contractor, or user of an educational institution subject to the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, and its implementing regulations at 34 CFR Part 99 ("FERPA"), you acknowledge that you and your institution may have obligations governing the handling and disclosure of personally identifiable information from education records.

Where TAFMEDS receives education records from or on behalf of a covered educational institution under a written agreement or institution-approved deployment, TAFMEDS will use that information only to provide, maintain, secure, support, improve, or document the Service, or as otherwise authorized by the applicable agreement and law. The institution remains responsible for determining whether TAFMEDS is approved for use, whether a FERPA exception or consent applies, and whether its notices and policies permit the intended use.

7.3 HIPAA and Protected Health Information

TAFMEDS is designed as an educational technology and learning platform, not as a system for clinical treatment records or protected health information ("PHI"). Unless TAFMEDS and a covered entity have executed a separate written Business Associate Agreement, TAFMEDS is not acting as a HIPAA business associate and you must not submit PHI to the Service.

If a separate Business Associate Agreement is executed, that agreement controls the parties' permitted uses, disclosures, safeguards, reporting, access, amendment, accounting, subcontractor, return, destruction, and survival obligations for PHI.

7.4 Usage and Loss of Data

We use commercially reasonable safeguards and operational practices to protect the Service, but no system is error-free or interruption-free. To the maximum extent permitted by law, TAFMEDS is not responsible for data loss, inability to generate reports, inability to use or return data, or interruption of access, except as expressly required by applicable law or a separate written agreement.

The Service and Software, including non-public user interfaces, features, workflows, source code, object code, documentation, designs, product plans, security information, scoring methods, and Feedback, are confidential and proprietary to TAFMEDS and its licensors ("TAFMEDS Confidential Information"). You may not disclose TAFMEDS Confidential Information to third parties without our prior written consent.

You also agree to maintain the confidentiality of student, learner, class, institution, and progress information made available to you through the Service, and to disclose it only when authorized by the learner, institution, parent or guardian where applicable, law, or applicable agreement.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless TAFMEDS, ClassroomPulse.io, and their officers, directors, employees, contractors, licensors, and agents from claims, losses, liabilities, damages, expenses, and costs, including reasonable attorneys' fees, arising from your breach of this Agreement, your misuse of the Service or Software, your unauthorized disclosure or submission of data, or your violation of applicable law or third-party rights.

You understand that the Service and Software may not accurately process every response, data point, student record, recommendation, AI-assisted explanation, assessment result, chart, or report. TAFMEDS is not obligated to update or modify the Service or Software, except as required by applicable law or a separate written agreement.

To the maximum extent permitted by applicable law, TAFMEDS and its suppliers provide the Service, Software, Media Elements, technical advice, and support services "as is" and "as available," with all faults, and disclaim all express, implied, and statutory warranties and conditions, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability, security, lack of viruses, and lack of negligence or workmanlike effort.

To the extent permitted by applicable law, TAFMEDS and its suppliers will not be liable for indirect, incidental, consequential, special, exemplary, punitive, lost-profit, business-interruption, lost-data, lost-goodwill, or substitute-service damages arising from or related to the Service, Software, support, or this Agreement.

To the extent such limits are enforceable, your total recovery from TAFMEDS for claims relating to this Agreement, the Service, or the Software will not exceed the greater of the amount you paid to TAFMEDS for the Service in the twelve months before the claim or US $100. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

This Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, any research consent form, and any signed institution, subscription, data processing, or business associate agreement that applies to your account, forms the agreement governing your use of the Service and Software.

If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. Any overbroad provision will be interpreted to be enforceable to the maximum extent permitted by law.

Unless a signed agreement states otherwise, this Agreement is governed by the laws of the United States and the state designated in TAFMEDS' then-current governing business terms, excluding conflict-of-law rules. Any required venue or dispute process will be determined by the Terms of Service or any signed institution agreement that applies.

Before launch or enterprise contracting, TAFMEDS should replace this placeholder with counsel-approved governing law, venue, arbitration, class-action waiver, and public-sector contracting language appropriate to the operating entity and customer base.

TAFMEDS may include automated scoring, recommendations, explanations, AI-assisted content generation, practice analytics, and research workflows. These features are learning aids and may be incomplete or incorrect. You should review AI-assisted or automated output before relying on it for coursework, supervision, credential preparation, classroom instruction, research interpretation, or professional decisions.

When research mode is enabled, participation in research activities is governed by the research consent form presented in the platform. Research consent is separate from this Agreement and may include additional data collection, retention, withdrawal, and IRB contact information.

For questions about this Agreement, contact legal@tafmeds.com. For privacy requests, contact privacy@tafmeds.com.