Terms of Use.

1. Acceptance Of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and NurseQuake (“we,” “us,” “our,” or “the Company”). By downloading, installing, accessing, or using the NurseQuake application (“App”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY STOP USING THE APP AND DELETE IT FROM YOUR DEVICE.

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be communicated through in-app notifications or by updating the “Last Updated” date above. Your continued use of the App after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

2. Description Of Service

NurseQuake is a mobile educational application designed to assist nursing students in preparing for the NCLEX-RN and NCLEX-PN examinations. The App provides the following features:

2.1 Core Study Tools

– Alarm-Based Study System: Smart alarm clock with quiz-to-dismiss functionality that integrates study into your daily routine – Daily Questions: Daily NCLEX-style questions with tracking and streak rewards – Practice Quizzes: Customizable quiz sessions across 10 nursing categories and 3 difficulty levels – Endless Practice Mode: Unlimited randomized quiz sessions across all categories (Premium) – Flashcards: Create custom flashcard decks and study from 13 prebuilt decks covering 520 nursing topics (Premium) – Dosage Calculator: Practice 8 types of dosage calculations (weight-based, drip rate, safe range, reconstitution, mcg/kg/min, units/hour, mL/hour, fluid maintenance) – Medical Abbreviations Reference: Comprehensive nursing abbreviation lookup – Laboratory Values Reference: Normal lab value ranges with clinical significance – Clinical Skills Checklists: Step-by-step procedure checklists with completion tracking – Nursing Mnemonics: 38 categorized nursing mnemonics with search functionality

2.2 Next Generation NCLEX (NGN) Practice

– Select All That Apply (SATA): Multi-select questions testing clinical judgment (Premium) – Ordering/Sequencing: Drag-to-reorder questions for procedure prioritization (Premium) – Matrix/Grid: Row-column matching questions for complex clinical scenarios – Cloze/Drop-Down: Fill-in-the-blank questions with dropdown option selection – ECG/EKG Rhythm Identification: 104 heart rhythm identification questions with visual ECG strip rendering (Premium) – Core NCLEX Client Needs: 242 questions across all 8 NCLEX Client Needs categories (Premium) – NGN Mixed Practice: Randomized sessions combining all Next Gen question types (Premium)

2.3 Progress and Analytics

– NCLEX readiness scoring with category-level performance tracking – XP leveling system with 9 achievement tiers and 30 badges – Detailed analytics with strength/weakness identification – Saved questions for reviewing incorrect answers across all quiz sources – Category mastery tracking across 10 nursing domains

2.4 Planning and Scheduling

– Built-in calendar and event planner – Medication reminders with customizable scheduling – Sleep tracking with quality ratings

The App operates primarily offline. No internet connection is required for core educational functionality. Internet access is required only for subscription verification through Apple’s StoreKit framework.

3. Eligibility

You must meet the following requirements to use NurseQuake:

– You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater). Users between the ages of 13 and 17 may use the App only with verifiable parental or legal guardian consent. Users under 13 may not use the App. – You must be capable of forming a binding legal agreement under applicable law. – You must not be prohibited from using the App under any applicable law or regulation. – If you are using the App on behalf of an organization (e.g., a nursing school, hospital, or educational institution), you represent and warrant that you have the authority to bind that organization to these Terms.

By using the App, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the App.

4. User Accounts And Data

NurseQuake does not require account creation, registration, login, or authentication. The App does not collect, store, or process any personal information on external servers. All user data — including settings, progress, quiz history, flashcards, alarms, schedules, saved questions, and analytics — is stored exclusively on your device using Apple’s on-device storage frameworks (SwiftData and UserDefaults).

Please refer to our Privacy Policy for complete details about data handling.

4.1 Data Responsibility

Because all data is stored locally on your device, you are solely responsible for:

– Maintaining regular backups of your device (via iCloud Backup, Finder/iTunes backup, or other methods) – Protecting your device from unauthorized access, loss, theft, or damage – Understanding that deleting the App will permanently and irreversibly remove all App data from your device – Understanding that we have no ability to recover, restore, retrieve, or access your data under any circumstances, as we never receive or store it – Understanding that transferring to a new device may result in data loss if proper backup procedures are not followed

We shall not be liable for any loss of data, progress, study statistics, flashcards, saved questions, or any other user-generated content stored on your device.

5. Subscription And Payments

5.1 Free Tier

NurseQuake offers a free tier with the following features and limitations:

– Up to 20 questions per day across all question-based features (daily questions, practice quizzes, alarm quizzes) – Up to 3 practice quiz sessions per day – Practice quizzes with up to 30 questions per session (counts of 50, 80, and 100 require Premium) – Up to 50 questions per category from the question bank – Access to dosage calculator, clinical skills checklists, abbreviations reference, laboratory values reference, and mnemonics (all free) – 2 free alarm sounds (Code Blue, Code Red) plus all system sounds – Basic progress tracking – Next Gen hub access limited to Matrix and Cloze question types – Saved questions limited to daily question source only – Math-based snooze verification for alarm dismissal

5.2 Premium Plans

NurseQuake Premium is available through the following subscription options:

– Monthly Plan: Auto-renewable subscription billed monthly at $3.99 USD per month (or equivalent in your local currency) – Yearly Plan: Auto-renewable subscription billed annually at $39.99 USD per year (or equivalent in your local currency). The yearly plan represents a savings compared to paying monthly.

Premium features include:

– Full access to all 20,000+ NCLEX-style questions in the question bank – 50 daily questions (upgraded from the free 20/day limit) – Unlimited practice quiz sessions per day – Extended practice quizzes (up to 100 questions per session) – Endless Practice Quiz mode with randomized categories – All hospital code alarm sounds (Code Pink, Orange, Grey, Silver, Black, and more) – Unlimited flashcard decks and cards – 13 prebuilt study flashcard decks (520 cards across nursing topics) – Advanced analytics, detailed performance insights, and NCLEX readiness scoring – 5 Snooze Passes per month (bypass math verification when snoozing alarms) – SATA (Select All That Apply) questions in the Next Gen hub – Ordering/Sequencing questions in the Next Gen hub – ECG/EKG rhythm identification questions with visual strip rendering – Core NCLEX Client Needs questions across all 8 categories – NGN Mixed Practice mode (all Next Gen question types combined) – Full question bank browser with category, difficulty, and question type filters – Saved questions from all quiz sources (daily, practice, endless, alarm)

5.3 Subscription Terms

– Payment will be charged to your Apple ID account at confirmation of purchase. – Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. – Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price. – You can manage and cancel subscriptions at any time through your Apple ID Account Settings (Settings > [Your Name] > Subscriptions) or through the App Store. – Any unused portion of a free trial period (if offered) will be forfeited when you purchase a subscription. – Prices are in the currency of your App Store region and may vary by location due to currency conversion and local pricing. – Price changes will be notified in advance per Apple’s policies; continued subscription after a price change constitutes acceptance of the new price. – We reserve the right to modify subscription tiers, features, and pricing at any time with reasonable notice.

5.4 Snooze Passes

Premium subscribers receive 5 Snooze Passes per calendar month. Snooze Passes allow you to snooze an alarm without completing the math verification. Unused Snooze Passes do not roll over to the following month. When all Snooze Passes have been used, premium subscribers must complete the math verification to snooze, the same as free-tier users. Snooze Passes reset automatically at the beginning of each calendar month.

5.5 Refunds

All purchases and subscriptions are processed exclusively by Apple Inc. through the App Store. Refund requests must be submitted directly to Apple through their standard refund process at reportaproblem.apple.com. We do not have the ability to process refunds, issue credits, or modify your subscription billing directly. Apple’s refund policies and decisions are final and outside our control.

5.6 Feature Availability

We reserve the right to modify, add, or remove features from either the free or premium tier at any time. We will make reasonable efforts to notify users of material changes to premium features. Changes to free-tier limitations (e.g., daily question limits, per-category limits, practice quiz session limits) may be made without prior notice.

6. Educational Content Disclaimer

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ CAREFULLY AND IN ITS ENTIRETY.

6.1 Not Medical Advice

The content provided in NurseQuake — including but not limited to quiz questions, answers, explanations, flashcards, dosage calculations, laboratory values, clinical skills checklists, mnemonics, abbreviations, ECG/EKG rhythm interpretations, Next Gen practice questions, Endless Quiz content, and any other educational material — is provided strictly for educational and examination preparation purposes only.

NurseQuake content:

– IS NOT medical advice, clinical guidance, or a substitute for professional medical judgment. – IS NOT a substitute for formal nursing education, clinical training, supervised clinical experience, or any accredited educational program. – IS NOT intended to be used for making clinical decisions about patient care, treatment, diagnosis, or medication administration. – IS NOT a guarantee, representation, or warranty of passing the NCLEX-RN, NCLEX-PN, or any other licensing, certification, or competency examination. – IS NOT a guarantee or certification of competency in any clinical skill, nursing practice, or healthcare discipline. – IS NOT a replacement for established clinical reference tools (e.g., UpToDate, Lexicomp, Epocrates, Micromedex, institutional formularies, or clinical decision support systems). – IS NOT a substitute for professional ECG/EKG interpretation by qualified healthcare providers — App ECG strips are simplified educational representations, not clinical-grade recordings. – SHOULD NOT be relied upon as the sole or primary source of information for any clinical, educational, or professional purpose. – SHOULD NOT be used in any patient care setting, clinical environment, or during actual clinical practice.

6.2 Content Accuracy and Limitations

While we make commercially reasonable efforts to ensure that educational content is accurate, current, and aligned with accepted nursing standards and NCLEX test plan frameworks:

– Medical and nursing knowledge, guidelines, protocols, and best practices evolve constantly. – Content may contain errors, inaccuracies, outdated information, oversimplifications, or omissions. – Drug information — including names, classifications, dosages, interactions, contraindications, and side effects — may change at any time. – Laboratory value reference ranges may vary between institutions, testing methods, populations, and geographic regions. – Clinical procedures, nursing protocols, and standards of care differ between healthcare facilities, states, and countries. – ECG/EKG rhythm representations are simplified educational illustrations and do not reflect the full complexity or variability of actual cardiac rhythm recordings. – NCLEX examination content, format, scoring methodology, and test plans are updated periodically by NCSBN and may differ from App content. – Questions, explanations, and references are created for educational purposes and may simplify complex clinical topics. – Content is based on information available at the time of creation and may not reflect the most recent medical literature, FDA approvals, or guideline revisions. – Dosage calculation practice scenarios use hypothetical values for educational purposes and should never be used for actual medication dosing.

You must always independently verify all clinical information with current evidence-based guidelines, peer-reviewed literature, your nursing program’s curriculum and instructors, established textbook references (e.g., Saunders, Hesi, Kaplan, ATI materials), and qualified healthcare professionals before applying any knowledge in a clinical context.

6.3 NCLEX Readiness Score

The “NCLEX Readiness Score” and associated metrics (including XP points, levels, streaks, category coverage percentages, grade rings, and performance analytics) displayed in the App are proprietary, internally-calculated motivational metrics based solely on your in-app performance. These metrics:

– Are NOT validated by, endorsed by, affiliated with, or derived from the National Council of State Boards of Nursing (NCSBN), Pearson VUE, or any state board of nursing. – Are NOT predictive of actual NCLEX examination performance or results. – Are NOT equivalent to or comparable with any official NCLEX preparation assessment or benchmark. – Should be used as self-assessment and motivational tools only. – May not accurately reflect your readiness for any actual examination.

6.4 No Institutional Affiliation

NurseQuake is an independent educational application developed by an independent developer. It is NOT affiliated with, endorsed by, sponsored by, licensed by, or associated with:

– The National Council of State Boards of Nursing (NCSBN) – Pearson VUE – Any state, provincial, or national board of nursing – Any nursing school, university, college, or educational institution – Any healthcare organization, hospital, clinic, or clinical facility – Any nursing textbook publisher or test preparation company (including Saunders, Hesi, Kaplan, ATI, UWorld, or similar) – Any government health agency (e.g., FDA, CDC, NIH, WHO) – Any professional nursing organization (e.g., ANA, NLN, AACN)

6.5 Trademark Notices

“NCLEX,” “NCLEX-RN,” and “NCLEX-PN” are registered trademarks of the National Council of State Boards of Nursing, Inc. (NCSBN). “Next Generation NCLEX” and “NGN” are associated with NCSBN’s testing initiative. All other trademarks, service marks, and trade names used in the App are the property of their respective owners. Use of these terms within NurseQuake is for descriptive and nominative fair use purposes only to identify the type of examination the study material relates to, and does not imply any affiliation with, endorsement by, or sponsorship by the trademark owners.

6.6 ECG/EKG Content Disclaimer

The ECG/EKG rhythm identification feature in NurseQuake presents simplified, computer-generated visual representations of cardiac rhythms for educational purposes. These representations:

– Are NOT derived from actual patient recordings or clinical data. – Are NOT intended for clinical rhythm interpretation or diagnostic purposes. – May not accurately represent the full morphological variability seen in real ECG recordings. – Are simplified for educational clarity and may omit features present in actual 12-lead ECGs. – Should NOT be used as a reference for interpreting real patient ECGs in any clinical setting. – Are rendered using SwiftUI drawing paths and are stylized illustrations, not medical-grade waveform data.

6.7 Dosage Calculation Disclaimer

The dosage calculation feature in NurseQuake is designed to help nursing students practice mathematical computation skills related to medication administration. All dosage calculation scenarios:

– Use hypothetical patients, medications, and values for educational purposes only. – Are NOT intended for actual clinical medication dosing, preparation, or administration. – Should NEVER be used to calculate real medication doses for actual patients. – May not reflect current drug formularies, institutional protocols, or manufacturer dosing guidelines. – Must always be independently verified against authoritative clinical references and institutional policies before applying any knowledge in practice.

Medication errors can cause serious harm or death. Always follow your institution’s medication administration policies, use approved clinical references, and consult with pharmacists or prescribers when in doubt about any medication dose.

6.8 Assumption of Risk

By using NurseQuake, you expressly acknowledge and assume all risks associated with using educational content from a mobile application, including but not limited to the risk that content may be inaccurate, incomplete, outdated, or inappropriate for your specific educational needs. You agree that any reliance on App content is at your own risk and discretion.

7. Next Gen Nclex Practice Hub

The Next Gen hub provides practice with Next Generation NCLEX (NGN) question types designed to test clinical judgment through various interactive formats. Important clarifications:

– The Next Gen hub contains pre-authored questions organized into 6 question types: Select All That Apply (SATA), Ordering/Sequencing, Matrix/Grid, Cloze/Drop-Down, ECG/EKG Rhythm Identification, and Core NCLEX Client Needs. – Questions are static, pre-written educational content — the hub does NOT generate new content dynamically, use artificial intelligence, or provide personalized medical advice. – NGN question types in the App are educational approximations inspired by the NCSBN’s Next Generation NCLEX initiative — they are NOT official NCSBN question items and may not exactly replicate the format, scoring, or content of actual NGN items on the NCLEX examination. – Some NGN question types (SATA, Ordering, ECG/EKG, Core NCLEX) require a Premium subscription to access. – Matrix and Cloze question types are available to all users. – The “NGN Mixed Practice” mode randomly combines all available question types into a single practice session (Premium only). – All Next Gen content is subject to the educational content disclaimers described in Section 6.

8. Content Generation Disclaimer

NurseQuake does NOT use artificial intelligence, machine learning, large language models, or any generative AI technology to create, modify, or personalize educational content presented to users. All questions, answers, explanations, references, flashcard content, and ECG rhythm data in the App were authored by humans and are stored as static data within the App’s bundled files.

No content within the App is dynamically generated based on your inputs, behavior, or performance. All educational material is pre-authored content stored within the App’s bundled data files. The App does not connect to any AI service, chatbot, virtual tutor, or natural language processing system.

9. Intellectual Property

9.1 Our Content

All content within NurseQuake — including but not limited to questions, answers, explanations, references, educational text, mnemonics, flashcard templates, ECG rhythm patterns and rendering algorithms, dosage calculation formulas, graphics, icons, images, audio files (alarm sounds), user interface design, visual design elements, the NurseQuake design system, software code, algorithms, data compilations, and the overall selection, coordination, and arrangement of content — is owned by NurseQuake or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single Apple device that you own or control, solely for your personal, non-commercial, educational use.

This license does not grant you any right to use the App or its content for commercial purposes, redistribution, or any purpose beyond personal study and examination preparation.

9.3 Your Content

You retain ownership of any original content you create within the App (e.g., custom flashcard decks, calendar events, personal notes). Because this content exists only on your device and we never access, collect, or store it, you grant us no rights to your user-generated content.

9.4 Restrictions

You expressly agree that you may not, and you will not permit any third party to:

– Copy, reproduce, distribute, publish, display, broadcast, or publicly perform any App content in any medium or format. – Modify, adapt, translate, create derivative works based on, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App. – Use the App’s questions, answers, explanations, ECG patterns, or other educational content to create, contribute to, or support any competing product, service, website, application, or publication. – Systematically download, scrape, cache, or store App content using automated tools, bots, spiders, crawlers, or data mining techniques. – Remove, alter, obscure, or deface any copyright notices, trademark notices, proprietary labels, or attribution marks. – Sublicense, sell, resell, lease, rent, lend, transfer, assign, or otherwise commercially exploit the App or any rights therein. – Use the App or its content for any commercial purpose beyond personal educational use. – Share, post, upload, or distribute screenshots, photographs, or recordings of App content (including questions, answers, and ECG strips) on social media, websites, forums, file-sharing services, or any public or semi-public platform, except for personal quiz result share cards generated by the App’s built-in sharing feature. – Use the App in any manner that could damage, disable, overburden, or impair the App’s functionality or interfere with any other party’s use of the App. – Attempt to circumvent, disable, or interfere with any security, access control, subscription verification, or feature-gating mechanisms of the App.

10. Acceptable Use

You agree to use NurseQuake only for its intended purpose: personal educational study and NCLEX examination preparation. You further agree not to:

– Use the App in any way that violates applicable local, state, national, or international laws or regulations. – Share, distribute, sell, publish, or commercially exploit quiz questions, answers, explanations, or references from the App. – Use App content during actual NCLEX examinations, licensing examinations, or any other proctored test (this may violate examination rules and result in score invalidation or other consequences). – Misrepresent App content as official NCSBN, NCLEX, institutional, or faculty-authored materials. – Attempt to manipulate, exploit, circumvent, or bypass the App’s subscription system, feature-gating, daily question limits, practice quiz session limits, free-tier restrictions, or any other access controls. – Use the App in any clinical, patient care, or healthcare delivery setting as a substitute for established clinical references, protocols, or professional judgment. – Use the App’s ECG/EKG content for actual cardiac rhythm interpretation in any clinical or emergency setting. – Use the App’s dosage calculation content for actual medication dosing, preparation, or administration in any clinical setting. – Impersonate or misrepresent your affiliation with any person, entity, or organization in connection with your use of the App. – Use the App to harass, abuse, stalk, threaten, or intimidate any person. – Introduce viruses, malware, or other harmful code to the App or any connected system.

11. Alarm And Notification Features

NurseQuake includes alarm, notification, snooze, and reminder features. By using these features, you expressly acknowledge and agree that:

– Alarms and notifications are delivered on a best-effort basis and depend on your device’s operating system version, battery state, power mode (Low Power Mode may affect delivery), notification settings, Do Not Disturb/Focus mode settings, and other system-level configurations. – We provide no guarantee, warranty, or assurance that alarms will fire reliably, on time, or at all under any specific conditions. – You should NOT rely on NurseQuake as your sole or primary alarm if timeliness is critical (e.g., for clinical shifts, examinations, classes, appointments, or any other time-sensitive commitment). – Alarm sounds, system-level alarm features (including AlarmKit on iOS 26+), and notification behaviors depend on your iOS version, device model, and device capabilities — features may not be available on all devices. – AlarmKit features (which may override silent mode) are only available on devices running iOS 26 or later and require system-level permissions. – Follow-up reminder notifications (sent at 1-minute intervals if the alarm is not dismissed) are subject to the same iOS notification delivery limitations. – Notification permissions must be granted by you through iOS Settings; without proper permissions, alarms and reminders will not function. – The quiz-to-dismiss feature is designed as a study motivation tool; we are not responsible for any consequences of being unable to dismiss an alarm promptly. – Snooze functionality (including Snooze Passes for premium users) is a convenience feature and is not guaranteed to function under all conditions. – Medication reminders are scheduling aids only — they do NOT constitute medical advice and should not replace instructions from your healthcare provider or pharmacist. – We are NOT liable for any missed alarms, late notifications, silent alarms, or any personal, professional, academic, or financial consequences resulting from alarm or notification failures.

11.1 Hospital Code Sound Disclaimer

NurseQuake uses synthesized hospital code audio (Code Blue, Code Red, Code Pink, Code Orange, Code Grey, Code Silver, Code Black) as alarm notification tones for study motivation purposes. By using alarm sound features, you expressly acknowledge and agree that:

– These sounds are synthetic, computer-generated audio files for entertainment and educational motivation ONLY. – They are NOT emergency alert systems, hospital public address systems, mass notification systems, or actual hospital emergency codes. – They are NOT affiliated with, endorsed by, or produced by any hospital system, emergency services organization, or healthcare facility. – You will NOT use these sounds in any clinical environment, hospital, healthcare facility, nursing home, or any location where actual hospital code sounds may be in use and where the App’s sounds could create confusion, panic, or an emergency response. – You will NOT play these sounds for others in a manner designed to deceive, mislead, or cause concern about a real emergency situation. – We are NOT responsible for any harm, liability, or consequences arising from the misuse of App alarm sounds in any setting.

12. Clinical Setting Use Prohibition

THIS SECTION CONTAINS ABSOLUTE PROHIBITIONS. VIOLATION MAY EXPOSE YOU TO SERIOUS PERSONAL, PROFESSIONAL, AND LEGAL LIABILITY.

12.1 Prohibition on Use in Clinical Settings

YOU ARE EXPRESSLY PROHIBITED FROM USING NURSEQUAKE IN ANY CLINICAL SETTING, PATIENT CARE ENVIRONMENT, OR HEALTHCARE FACILITY, including but not limited to:

– Hospital wards, rooms, operating theaters, ICUs, emergency departments, procedure rooms, or any area where patients are present – Long-term care facilities, nursing homes, assisted living facilities, or hospice environments – Outpatient clinics, physician offices, urgent care centers, or community health centers – Any location where you are actively providing or supervising patient care – Any location where App sounds or content could be mistaken for official clinical communications, emergency alerts, or care instructions

12.2 Prohibition on Clinical Decision-Making

YOU ARE EXPRESSLY PROHIBITED FROM USING NURSEQUAKE CONTENT TO:

– Diagnose, treat, or advise on any patient condition, symptom, or complaint – Determine or calculate actual medication doses for any real patient – Interpret real ECG/EKG tracings from actual patients – Verify or validate clinical procedures in real-time during patient care – Support or inform any clinical judgment regarding an actual patient – Provide nursing rationale to other healthcare providers based on App content – Use as a reference in any patient care documentation or charting

12.3 Prohibition on Examination Use

You are prohibited from using or accessing NurseQuake during any proctored or official examination, including but not limited to the NCLEX-RN, NCLEX-PN, or any other licensing or certification examination. Such use may constitute academic dishonesty or examination fraud under your jurisdiction’s laws, and may result in score invalidation, license disqualification, or other serious consequences for which NurseQuake bears no responsibility.

12.4 Consequences

Violation of this Section 12 may constitute gross negligence or reckless conduct. The NurseQuake Parties disclaim all liability for any harm arising from prohibited use of the App in clinical settings, and you agree to fully indemnify the NurseQuake Parties from any claims arising from such use.

13. Disclaimer Of Warranties

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NURSEQUAKE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

– IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. – WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. – WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE. – WARRANTIES THAT THE EDUCATIONAL CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE FOR YOUR PARTICULAR EDUCATIONAL NEEDS. – WARRANTIES THAT ANY ERRORS, DEFECTS, OR INACCURACIES IN THE APP OR ITS CONTENT WILL BE CORRECTED. – WARRANTIES THAT USING THE APP WILL RESULT IN PASSING THE NCLEX, ANY LICENSING EXAMINATION, OR ACHIEVING ANY PARTICULAR EDUCATIONAL OUTCOME. – WARRANTIES REGARDING THE RELIABILITY, ACCURACY, OR COMPLETENESS OF ANY READINESS SCORES, ANALYTICS, STATISTICS, OR PERFORMANCE METRICS. – WARRANTIES THAT THE APP’S ALARMS, NOTIFICATIONS, REMINDERS, OR SNOOZE FEATURES WILL FUNCTION CORRECTLY UNDER ALL DEVICE CONDITIONS AND CONFIGURATIONS. – WARRANTIES THAT ECG/EKG RHYTHM REPRESENTATIONS ACCURATELY DEPICT REAL CARDIAC RHYTHMS OR ARE SUITABLE FOR CLINICAL TRAINING. – WARRANTIES REGARDING THE ACCURACY OF DOSAGE CALCULATIONS, LABORATORY VALUE RANGES, OR CLINICAL PROCEDURE STEPS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Limitation Of Liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NURSEQUAKE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS (COLLECTIVELY, THE “NURSEQUAKE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

– INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. – LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. – DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE APP OR ITS CONTENT. – DAMAGES ARISING FROM ANY CONTENT, INFORMATION, QUESTIONS, ANSWERS, EXPLANATIONS, ECG REPRESENTATIONS, DOSAGE CALCULATIONS, OR REFERENCES OBTAINED THROUGH THE APP. – DAMAGES ARISING FROM ANY CLINICAL DECISIONS MADE BASED ON, INFLUENCED BY, OR INFORMED BY APP CONTENT. – DAMAGES ARISING FROM PATIENT HARM, MEDICAL ERRORS, OR ADVERSE OUTCOMES RELATED TO RELIANCE ON APP CONTENT. – DAMAGES ARISING FROM INCORRECT ECG/EKG RHYTHM IDENTIFICATION BASED ON APP CONTENT. – DAMAGES ARISING FROM INCORRECT MEDICATION DOSAGE BASED ON APP DOSAGE CALCULATIONS. – DAMAGES ARISING FROM FAILURE TO PASS ANY EXAMINATION, INCLUDING THE NCLEX. – DAMAGES ARISING FROM MISSED ALARMS, LATE NOTIFICATIONS, NOTIFICATION FAILURES, OR SNOOZE MALFUNCTIONS. – DAMAGES ARISING FROM LOSS OF DATA, STUDY PROGRESS, FLASHCARDS, SAVED QUESTIONS, OR OTHER USER-GENERATED CONTENT. – DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DEVICE OR DATA. – DAMAGES ARISING FROM BUGS, ERRORS, INACCURACIES, OR INTERRUPTIONS IN THE APP. – DAMAGES ARISING FROM CHANGES TO, SUSPENSION OF, OR DISCONTINUATION OF THE APP OR ANY FEATURE.

THESE LIMITATIONS APPLY WHETHER THE DAMAGES ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NURSEQUAKE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

IN ANY CASE, THE NURSEQUAKE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE APP, OR ITS CONTENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US (NOT APPLE) FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00 USD).

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other types of damages, or the exclusion of certain warranties. In such jurisdictions, the above exclusions and limitations shall apply to the fullest extent permitted by applicable law. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law.

13.4 Basis of the Bargain

You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in these Terms form an essential basis of the bargain between you and NurseQuake, and that NurseQuake would not provide the App to you without these limitations.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the NurseQuake Parties from and against any and all claims, actions, suits, proceedings, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys’ fees, expert witness fees, and court costs) arising from or related to:

– Your use of or access to the App. – Your violation or breach of these Terms or any provision hereof. – Your reliance on App content for clinical decisions, patient care, or any professional activity. – Any harm to patients, third parties, or yourself resulting from the use of or reliance on App content, including ECG interpretations and dosage calculations. – Your violation of any applicable law, regulation, or third-party rights. – Any content you create within the App. – Any claim that your use of the App caused damage to a third party. – Your negligence or willful misconduct.

This indemnification obligation shall survive the termination of these Terms and your use of the App.

16. Termination

You may stop using NurseQuake at any time by deleting the App from your device. Upon deletion, all locally stored data will be permanently and irreversibly removed.

We reserve the right to modify, suspend, or discontinue the App (or any part, feature, or content thereof) at any time, with or without notice, for any reason or no reason. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the App.

We may also terminate or restrict your access to premium features if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or abused the App’s systems or features.

Active subscriptions can be cancelled through the App Store. Cancellation of a subscription takes effect at the end of the current billing period. No partial refunds will be issued for the remaining portion of a billing period.

The following sections shall survive any termination or expiration of these Terms: Section 6 (Educational Content Disclaimer), Section 7 (Next Gen Hub), Section 8 (Content Generation Disclaimer), Section 9 (Intellectual Property), Section 12 (Clinical Setting Use Prohibition), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), and Section 17 (Governing Law and Dispute Resolution).

17. Governing Law And Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law principles or rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

16.2 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@nursequake.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without the formality and expense of arbitration or litigation.

16.3 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, the App, or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of this agreement to arbitrate) shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by this section. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted in English.

Each party shall bear its own costs and expenses (including attorneys’ fees) incurred in connection with the arbitration, unless the arbitrator determines that applicable law requires a different allocation.

16.4 Class Action and Jury Trial Waiver

YOU AND NURSEQUAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MULTI-DISTRICT, OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

TO THE EXTENT PERMITTED BY LAW, YOU AND NURSEQUAKE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved in a court of competent jurisdiction in the State of California.

16.5 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes and claims within the scope of the small claims court’s jurisdiction.

16.6 Statute of Limitations

You agree that any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitations period applies regardless of whether you knew or should have known of the claim.

18. Apple-Specific Terms (Required By Apple)

These Terms are between you and NurseQuake only, not Apple Inc. (“Apple”). However, the following provisions apply to your use of NurseQuake downloaded from the Apple App Store, as required by Apple’s Minimum Terms for Developer’s End-User License Agreement:

– License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

– Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for providing any maintenance and support.

– Warranty: Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

– Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

– Intellectual Property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

– Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

– Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

– Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).

19. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by us within the App, constitute the entire agreement between you and NurseQuake regarding your use of the App. These Terms supersede all prior or contemporaneous agreements, understandings, representations, warranties, and communications, both written and oral, with respect to the subject matter hereof.

18.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the greatest extent possible.

18.3 No Waiver

Our failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not operate as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any other or further exercise of the same or any other right or remedy. Any waiver must be in writing and signed by an authorized representative of NurseQuake to be effective.

18.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without restriction and without notice to you. Any attempted assignment in violation of this section shall be null and void.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions or orders, embargoes, sanctions, labor disputes, strikes, power failures, internet service outages, telecommunications failures, Apple platform changes or outages, App Store policy changes, hardware failures, or any other event beyond our reasonable control.

18.6 Headings

The section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

18.7 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and NurseQuake. Neither party has any authority to bind the other or to incur any obligation on behalf of the other.

18.8 Third-Party Rights

Except as specifically provided in Section 18 (Apple-Specific Terms), these Terms do not confer any rights, remedies, or benefits to any third party. No third party (other than Apple as specified) may enforce any provision of these Terms.

18.9 Electronic Communications

By using the App, you consent to receiving electronic communications from us (e.g., in-app notifications regarding Terms updates). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18.10 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. Department of State.

20. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Use, please contact us:

General Support: support@nursequake.com Website: https://nursequake.com

We will make commercially reasonable efforts to respond to all inquiries within 30 business days.

Copyright © 2026 NurseQuake. All rights reserved. These Terms of Use are effective as of October 8, 2026, and apply to all versions of the NurseQuake iOS application distributed through the Apple App Store. This document was last reviewed and updated on October 17, 2026.