Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and Sturse LLC, a New York limited liability company ("Sturse", "we", "us", or "our"). By accessing or using Sturse (the "Service"), you accept and agree to be bound by these Terms. If you do not agree to abide by these Terms, please do not use the Service.

PLEASE READ SECTION 13 CAREFULLY. It contains a binding arbitration agreement and a class action waiver that affect your legal rights, including your right to bring a claim in court or participate in a class action. Section 13 also describes how you may opt out of arbitration within 30 days.

Description of Service

Sturse is an educational platform that provides NCLEX-style quizzes, flashcards, study materials, and learning tools generated from user-uploaded content. The Service uses artificial intelligence to create personalized study materials to help nursing students prepare for the NCLEX examination.

User Accounts

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account

Subscriptions and Billing

Sturse offers monthly and annual subscription plans. By subscribing, you agree to the pricing and billing terms presented at the time of purchase.

• No Refunds: All payments are final and non-refundable, except where applicable law requires otherwise. We do not offer refunds or credits for any partial billing periods, unused time, or any other reason.
• Cancel Anytime: You may cancel your subscription at any time online in Settings → Manage Billing. Upon cancellation, you will retain full access to the Service through the end of your current paid billing period. Your subscription will not renew after that date.
• Responsibility: It is your responsibility to cancel your subscription before the next renewal date if you no longer wish to be charged. We are not responsible for charges resulting from a failure to cancel.
• Renewals: Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled prior to renewal.

User Content and Data

You retain ownership of all content you upload to the Service. By uploading content, you grant Sturse a non-exclusive, royalty-free license to use, process, and store your content solely for the purpose of providing the Service to you.

Prohibited Uses

You may not use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information

Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Sturse and its licensors. The Service is protected by copyright, trademark, and other laws.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Disclaimer

The Service is provided on an "as is" and "as available" basis, without warranties of any kind. To the fullest extent permitted by law, Sturse excludes all representations, warranties, conditions and terms relating to our Service and the use of this Service, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In particular, you acknowledge and agree that:

• AI-generated content may contain errors. Quizzes, flashcards, study guides, and chat responses are generated by artificial intelligence from your uploaded materials and may be inaccurate, incomplete, or outdated. Always verify important information against your course materials, textbooks, and instructors.
• Not medical or professional advice. The Service is an educational study tool only. Nothing in the Service constitutes medical, nursing, clinical, or other professional advice, and it must not be used to make decisions about patient care.
• No exam-outcome guarantee. Sturse does not guarantee that use of the Service will result in passing the NCLEX or any other examination, licensure, certification, or academic outcome.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Sturse, nor its members, managers, 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, academic or professional opportunity, or other intangible losses, resulting from your use of or inability to use the Service.

Cap on total liability. To the fullest extent permitted by law, the total aggregate liability of Sturse and its members, managers, employees, agents, suppliers, and affiliates for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to Sturse in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply regardless of the legal theory on which the claim is based and even if Sturse has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such cases our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Sturse and its members, managers, employees, agents, suppliers, and affiliates from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Content you upload, submit, or process through the Service, including any claim that such content infringes or misappropriates the intellectual property, privacy, or other rights of any third party
• Your violation of any policy of your school, college, university, or nursing program regarding the recording, sharing, or distribution of course materials
• Your breach of these Terms or your violation of any applicable law or regulation
• Your misuse of the Service, including any use of AI-generated output in a manner prohibited by Section 10

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

Informal resolution first. Before starting an arbitration, you agree to try to resolve the dispute informally by sending a written notice describing the dispute and the relief you seek to contact@sturseai.com. We will do the same for any dispute we have with you. If the dispute is not resolved within thirty (30) days of that notice, either party may begin arbitration.

Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Where and how. Arbitration will be conducted by videoconference or, at your election, in the county where you reside. You will not be required to travel to New York to arbitrate. If your claim is for $10,000 or less, you may elect to have the arbitration conducted solely on the basis of documents submitted to the arbitrator.

Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Where those rules require you to pay a filing fee that exceeds the cost of filing the same claim in court, we will pay the difference.

Class action waiver. YOU AND STURSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and brought in court.

Carve-outs. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights. Nothing in this section prevents you from reporting a concern to a government agency.

Your right to opt out. You may opt out of this arbitration agreement by emailing contact@sturseai.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms, including your name and the email address on your account. Opting out will not affect any other part of these Terms, and it will not affect your access to the Service in any way.

This section survives termination of your account and of these Terms.

Governing Law and Venue

These Terms and any dispute arising out of them shall be governed by and interpreted under the laws of the State of New York, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 13, you and Sturse agree that any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of New York, and you and Sturse each consent to the personal jurisdiction of those courts.

Changes to Terms

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

DMCA Copyright Policy

Sturse respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to valid notices of copyright infringement.

To submit a DMCA takedown notice, provide the following in writing to contact@sturseai.com:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work you claim has been infringed
• Identification of the material you claim is infringing, with enough detail for us to locate it
• Your contact information (name, address, phone number, and email)
• A statement that you have a good faith belief the use is not authorized by the copyright owner
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Counter-notification: If you believe your content was removed in error, you may submit a counter-notification to contact@sturseai.com with your contact information, identification of the removed material, a statement under penalty of perjury that removal was a mistake, and your consent to jurisdiction of the federal court in your district.

Repeat infringers: Sturse will terminate accounts of users who are determined to be repeat infringers.

Our designated DMCA agent:
Sturse LLC, Attn: DMCA Agent
418 Broadway, Ste N
Albany, NY 12207
contact@sturseai.com

Contact Information

If you have any questions about these Terms of Service, please contact us at contact@sturseai.com.

Sturse LLC
A New York limited liability company
418 Broadway, Ste N
Albany, NY 12207
contact@sturseai.com