Terms of Service

1. Acceptance of Terms

By accessing or using TCS Platform (the "Service") operated by ECC, Inc. DBA Training Centre Solutions ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are accessing the Service on behalf of an institution or organization, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

TCS Platform is a web-based clinical simulation management system designed for healthcare education programs. The Service includes tools for:

• Scheduling and managing Objective Structured Clinical Examination (OSCE) sessions.
• Recording and distributing student assessment scores and feedback.
• Managing standardized patient encounters and checklists.
• Generating reports on student and program performance.

The Service is provided on a subscription basis. Features available to your institution depend on your current subscription plan.

3. Account Registration and Security

To use the Service, authorized users must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and accept responsibility for all activity that occurs under your account.
• Notify us immediately at legal@osceapp.com of any unauthorized use of your account.
• Ensure that each user of the Service has their own unique account credentials — credential sharing is prohibited.

We reserve the right to suspend or terminate accounts that show signs of unauthorized access or credential sharing.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable local, state, national, or international law or regulation.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service.
• Share, sell, or transfer your account credentials to any third party.
• Introduce viruses, malware, or any other harmful code into the Service.
• Attempt to gain unauthorized access to any portion of the Service or its related systems.
• Scrape, crawl, or otherwise harvest data from the Service using automated means without prior written consent.
• Use the Service to transmit unsolicited communications or to harass, abuse, or harm any person.

5. Data Ownership

Your institution retains full ownership of all data you upload, enter, or generate through the Service, including student records, assessment data, session configurations, and any other content ("Customer Data").

• TCS Platform does not claim any ownership interest in Customer Data.
• You grant us a limited license to store, process, and display Customer Data solely to provide and improve the Service.
• We will not use Customer Data for any purpose beyond operating the Service, including advertising or sale to third parties.
• Upon termination, Customer Data is available for export for 90 days before permanent deletion (see Section 9).

6. Payment Terms

Access to TCS Platform is provided on a paid subscription basis. By subscribing, you agree to the following:

• Billing: Subscription fees are billed in advance on the agreed billing cycle (monthly or annual). All fees are stated in U.S. dollars and are non-refundable except as described below.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.
• Refunds: We do not provide refunds for partial subscription periods. Exceptions may be made at our sole discretion for verified service outages that materially impaired your ability to use the Service.
• Price changes: We will provide at least 30 days' written notice before any change in subscription pricing takes effect.
• Overdue accounts: Accounts with overdue balances may be suspended until payment is received.

7. Intellectual Property

The Service and all of its underlying software, algorithms, designs, trademarks, logos, and content (excluding Customer Data) are the exclusive property of ECC, Inc. and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you. You may not reproduce, distribute, modify, or create derivative works of any part of the Service without our express written permission.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• ECC, Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Service.
• Our total aggregate liability to you for any claims arising under these Terms shall not exceed the total fees paid by your institution to us in the twelve (12) months immediately preceding the event giving rise to the claim.
• Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Termination

• By you: You may terminate your subscription at any time by notifying us in writing. Access continues through the end of the paid period.
• By us: We may suspend or terminate your access immediately if you materially breach these Terms and fail to cure such breach within 10 days of written notice, or immediately for breaches that are not capable of cure.
• Data export window: Following any termination, your Customer Data remains accessible for export for 90 days. After that window, all Customer Data is permanently and irrecoverably deleted from our systems.
• Effect of termination: Sections 5, 7, 8, 10, and this Section 9 survive termination.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the state of incorporation of ECC, Inc., without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration administered by a mutually agreed arbitration body, with proceedings conducted in English. The arbitrator's decision shall be final and binding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and by displaying a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

12. Contact

ECC, Inc. DBA Training Centre Solutions
Legal: legal@osceapp.com