Terms of Service

These Terms of Service (the "Terms") constitute a legally binding agreement between you and MyHealthCareer LLC ("Company," "we," "us," or "our") governing your access to and use of MyHealthCareer, including the websites located at myhealthcareer.com and app.myhealthcareer.com and all related products and services (collectively, the "Service"). By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH THE COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AND DESCRIBES HOW YOU MAY OPT OUT WITHIN THIRTY (30) DAYS.

1. Eligibility

You must be at least sixteen (16) years of age to access or use the Service. If you are under eighteen (18) years of age or the age of majority in your jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you satisfy these requirements.

2. Description of the Service

The Service is designed to help healthcare workers prepare for employment interviews. Among other features, the Service permits you to answer practice questions aloud, participate in mock interviews conducted by an artificial intelligence interviewer, communicate with an artificial intelligence coach, and receive AI-generated feedback, scores, and recommendations. We reserve the right to add, modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

3. Account Registration and Security

You agree to provide accurate, current, and complete information when creating an account and to keep such information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly at team@myhealthcareer.com of any unauthorized access to or use of your account.

4. Consent to Recording

By initiating a practice answer, mock interview, or voice message, you consent to the Company recording your voice, generating a transcript of the recording, and processing the recording and transcript as described in the Privacy Policy. You shall not record, or permit the recording of, any other individual through the Service without that individual's consent.

5. Your Content

"Your Content" means any information or material you submit to the Service, including recordings, transcripts, answers, stories, resumes, job details, and messages. As between you and the Company, you retain ownership of Your Content. You hereby grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, analyze, and display Your Content as necessary to operate, provide, and improve the Service, and to create de-identified and anonymized data from Your Content as described in the Privacy Policy. You represent and warrant that you have all rights necessary to submit Your Content and to grant the foregoing license, and that Your Content does not violate any law or infringe or misappropriate the rights of any third party.

6. Patient and Confidential Information

You shall not submit to the Service any information that identifies, or could reasonably be used to identify, a patient, including names, dates of birth, medical record numbers, or other individually identifiable details, or any confidential or proprietary information belonging to a current or former employer. You should describe clinical and workplace situations in general terms only. The Service is not designed to receive, store, or process protected health information, and the Company does not act as a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). You are solely responsible for complying with all confidentiality and privacy obligations you owe to patients and employers.

7. Sharing With Employers, Recruiters, and Staffing Agencies

The Service may offer features that enable you to share information with employers, recruiters, staffing agencies, or other hiring partners ("Hiring Partners"). No information will be shared with any Hiring Partner unless you affirmatively opt in by checking a box that expressly indicates your consent to such sharing, and you may withdraw your consent at any time. The categories of information that may be shared, and the information that will never be shared, are described in the Privacy Policy. Hiring Partners are independent third parties and are not agents of the Company. The Company does not control, and is not responsible for, Hiring Partners' use of information you elect to share or any decision a Hiring Partner makes, and the Company does not guarantee that any Hiring Partner will contact, interview, or hire you.

8. Credits, Payments, and No Refunds

Certain features of the Service require the use of credits. The Company may provide complimentary credits upon registration and may make additional credits available for purchase through its third-party payment processor. Prices and the number of credits required for each feature are displayed within the Service and are subject to change; however, any such change will not affect credits you have already purchased. Credits have no cash value, are non-transferable, may not be sold or exchanged, and may be redeemed only within the Service. Purchased credits do not expire for so long as your account remains open and the Service remains available. ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, except as required by applicable law. Any unused credits are forfeited upon the closure or termination of your account.

9. Acceptable Use

You agree not to: (a) use the Service in violation of any applicable law or the rights of any person, including rights of privacy; (b) upload or transmit any content that is unlawful, harmful, harassing, or infringing, or that contains viruses or other malicious code; (c) access the Service by automated means, scrape, crawl, or otherwise extract data from the Service, or interfere with or disrupt the integrity, security, or performance of the Service; (d) reverse engineer, decompile, or disassemble any portion of the Service, or copy the Service's questions, feedback, or other content for the purpose of developing a competing product or service; (e) share your account with any other person, resell or sublicense the Service, or impersonate any person or entity; or (f) circumvent or attempt to circumvent any credit limit, usage restriction, or other technical measure of the Service.

10. No Professional Advice

The Service is provided for interview practice and general educational purposes only and does not constitute career counseling or legal, medical, or clinical advice. Clinical scenarios, sample answers, and feedback presented in the Service are intended solely for the purpose of practicing interview responses and do not constitute a clinical reference, a standard of care, or guidance for the treatment of any patient; you must at all times follow your professional training, applicable licensing requirements, and the policies of your employer. Feedback, scores, and other output of the Service are generated by artificial intelligence and may be inaccurate, incomplete, or inconsistent, and you should exercise your own independent judgment in relying on them. The Company makes no representation or guarantee that use of the Service will result in an interview, an offer of employment, a license or certification, or any other outcome.

11. Intellectual Property

The Service, including all software, questions, content, designs, and trademarks, is owned by the Company and its licensors and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own interview preparation. All rights not expressly granted are reserved. If you provide the Company with any suggestions or feedback, the Company may use them for any purpose without obligation to you.

12. Termination

You may cease using the Service at any time and may request deletion of your account by contacting us at team@myhealthcareer.com. The Company may suspend or terminate your access to the Service at any time, with or without notice, if the Company believes you have violated these Terms or where necessary to protect the Service or its users, and the Company may discontinue the Service in whole or in part. Sections 5, 6, 8, and 10 through 19 shall survive any termination or expiration of these Terms.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any content, feedback, or other output of the Service will be accurate or reliable.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall MyHealthCareer LLC or its members, managers, employees, agents, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, wages, employment opportunities, or data, arising out of or relating to the Service or these Terms, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages. The Company's aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of the amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim or fifty U.S. dollars ($50).

Certain jurisdictions do not permit the exclusion or limitation of certain damages, and accordingly some of the foregoing limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless MyHealthCareer LLC and its members, managers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Your Content, your use or misuse of the Service, or your violation of these Terms or of any rights of a third party.

16. Modifications to These Terms

The Company may amend these Terms from time to time. If the Company makes material changes, it will notify you by email or through the Service before such changes take effect. Your continued use of the Service after the effective date of any amendment constitutes your acceptance of the amended Terms. Amendments to Section 17 shall not apply to any dispute of which the Company had actual notice before the effective date of the amendment.

17. Dispute Resolution; Binding Arbitration

17.1 Informal Resolution. Before commencing any arbitration or court proceeding, you and the Company agree to attempt to resolve any dispute informally. The party asserting a dispute shall send a written notice describing the nature of the dispute and the relief sought, to team@myhealthcareer.com in the case of notice to the Company or to the email address associated with your account in the case of notice to you. If the dispute is not resolved within sixty (60) days after receipt of such notice, either party may commence arbitration.

17.2 Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall have exclusive authority to resolve all issues, including the scope, validity, and enforceability of this Section, except that a court shall decide the enforceability of Sections 17.4 and 17.5. Hearings may be conducted by video or telephone or in the county in which you reside. The payment of fees shall be governed by the AAA Consumer Arbitration Rules.

17.3 Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

17.4 Class Action and Jury Trial Waiver. YOU AND THE COMPANY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

17.5 Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are filed against the Company by or with the assistance of the same or coordinated counsel, such demands shall be administered in batches of no more than fifty (50) demands, with a single arbitrator appointed for each batch, and no subsequent batch shall be filed until the preceding batch has been resolved. All applicable statutes of limitations shall be tolled for demands awaiting administration in a batch.

17.6 Right to Opt Out. You may opt out of this agreement to arbitrate by sending an email to team@myhealthcareer.com within thirty (30) days after you first accept these Terms, stating your name, the email address associated with your account, and your decision to opt out of arbitration. Opting out shall not affect any other provision of these Terms.

17.7 Severability. If Section 17.4 is found to be unenforceable with respect to any claim, that claim shall be severed and decided in court rather than in arbitration, and the remainder of this Section 17 shall continue to apply to all other claims. If any claim seeks public injunctive relief that may not be waived under applicable law, that request for relief shall be severed and decided in court after all individual claims have been arbitrated, and shall be stayed until such arbitration is complete.

18. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and by the Federal Arbitration Act. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of California, and you and the Company consent to the personal jurisdiction of such courts.

19. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Company's failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign or transfer these Terms without the Company's prior written consent; the Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20. Contact Information

If you have any questions regarding these Terms, please contact us at:
MyHealthCareer LLC
team@myhealthcareer.com