Terms of Service

1. The agreement

1.1 These Terms are a legally binding agreement between you and the Company. Our Privacy Policy is incorporated by reference.

1.2 You accept these Terms by clicking or tapping "Get started," "Create account," "Continue," "Start trial," "Subscribe," "See my results," or a similar button, or by otherwise using the Service after these Terms are made available to you.

1.3 Additional terms may apply to specific features, promotions or beta programs. Those terms are part of these Terms when presented.

1.4 If you accept these Terms on behalf of someone else (including a minor in your care), you represent that you have authority to bind them.

2. Eligibility

2.1 You must be at least 13 years old (or the higher minimum age of digital consent where you live) to use the Service. If you are under 18 or the age of majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms.

2.2 The Service is not directed to children under 13, and we do not knowingly collect their personal information. If we learn we have, we will delete it.

2.3 You may not use the Service if you are barred from doing so under applicable law, located in an embargoed country, or on a U.S. government restricted-party list.

3. Educational use only: no medical, nursing or licensing advice

THE SERVICE IS A STUDY AID. IT IS NOT MEDICAL, NURSING, CLINICAL, PHARMACOLOGICAL, LEGAL OR PROFESSIONAL ADVICE, AND IT MUST NEVER BE USED TO MAKE DECISIONS ABOUT REAL PATIENT CARE.

3.1 All questions, rationales, mnemonics, clinical scenarios, lab values, drug information, study plans and other content are simplified for exam preparation, may be incomplete, outdated or wrong, and may differ from your program, textbooks, facility policies, scope of practice or local law. Always follow your instructors, your institution, current clinical guidelines, your employer and your board of nursing.

3.2 No guarantee of results. We do not promise or guarantee that you will pass the NCLEX-RN, NCLEX-PN or any exam, course or assessment, or achieve any score, grade, license or job. Readiness scores, "likelihood" indicators, plans and estimates are illustrative tools based on limited data. They are not predictions of official results.

3.3 Not affiliated with NCSBN. NCLEX®, NCLEX-RN® and NCLEX-PN® are registered trademarks of the National Council of State Boards of Nursing, Inc. (NCSBN). The Service is not affiliated with, sponsored by or endorsed by NCSBN, Pearson VUE or any board of nursing. Practice questions are original or adapted for study and are not actual exam items.

3.4 We are not a school, nursing program or accredited institution. Using the Service does not provide academic credit, continuing education credit, certification or licensure.

3.5 Exam rules, test plans, pass rates and policies change. Information about them in the Service or our articles reflects our understanding at the time it was written and may become outdated. Confirm details with NCSBN and your board of nursing.

4. AI features

4.1 The Service uses artificial intelligence and third-party AI providers to generate notes, questions, explanations, flashcards, audio and chat responses ("AI Output"). AI Output can be inaccurate, incomplete, biased or made up, and may sound confident when it is wrong.

4.2 You are solely responsible for evaluating AI Output and for any use you make of it. Do not rely on AI Output for clinical, medical, legal, safety or other high-stakes decisions.

4.3 AI Output may be similar to output generated for other users. We do not claim that AI Output is unique or free of third-party rights.

4.4 You must not use AI features to create content that is unlawful, harmful, deceptive, infringing, or that violates academic integrity rules.

5. Accounts and security

5.1 Some features require an account. You agree to provide accurate information, keep it current, keep your credentials confidential, and notify us promptly at getmarsai@gmail.com of any unauthorized use.

5.2 You are responsible for all activity under your account. You may not share, sell or transfer your account, create accounts by automated means, or impersonate anyone.

5.3 You may delete your account in the app where available or by emailing us. Deletion may permanently remove your data, subject to our Privacy Policy and legal retention needs.

6. Your content

6.1 "User Content" means anything you submit to the Service, including recordings, uploaded files, PDFs, text, links, chat messages, answers and feedback.

6.2 You keep ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, process, transmit, transform, display and create derivative works of your User Content solely to operate, provide, secure, support and improve the Service, including sending it to our service providers and AI providers. This license ends when your content is deleted from our systems, except for backups and copies we must keep by law.

6.3 You represent that you have all rights needed to submit your User Content, including permission to record any lecture or person (recording laws and school policies vary by place and institution, and you are solely responsible for complying with them), and that your content does not violate any law or anyone's rights.

6.4 Do not upload patient information or any protected health information. The Service is not designed to store protected health information and is not HIPAA-compliant. You are solely responsible for any such information you submit.

6.5 Feedback. If you send us ideas or suggestions, we may use them without restriction or compensation.

7. Acceptable use

You agree not to:

• break any law, or infringe anyone's intellectual property, privacy or publicity rights;
• upload malware, or probe, scan, attack, overload or disrupt the Service;
• scrape, crawl, copy, resell or redistribute the Service or its content, questions or AI Output at scale;
• reverse engineer, decompile or attempt to extract source code, models or prompts, except where the law expressly allows it;
• bypass paywalls, usage limits, rate limits or security measures, or create accounts to abuse free trials;
• use the Service to cheat on exams or assessments, or to violate your institution's academic integrity rules;
• share real exam content in violation of NCSBN or Pearson VUE confidentiality rules;
• harass, threaten or harm others, or submit sexual, hateful or violent content;
• use the Service to build a competing product or to train machine-learning models.

We may investigate violations and remove content, suspend or terminate accounts, and cooperate with law enforcement.

8. Free trials, subscriptions and billing

8.1 Some features require a paid subscription. Prices, plans and trial terms are shown before you buy and may differ by platform and region.

8.2 AUTOMATIC RENEWAL. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT PRICE, AND YOUR PAYMENT METHOD WILL BE CHARGED, UNTIL YOU CANCEL. IF YOU START A FREE TRIAL, YOU WILL BE CHARGED WHEN THE TRIAL ENDS UNLESS YOU CANCEL BEFORE THEN.

8.3 How to cancel. Web subscriptions (paid with Stripe) can be cancelled at any time from your account or by emailing getmarsai@gmail.com; cancellation takes effect at the end of the current period. App Store subscriptions are managed and cancelled in your Apple ID settings. Deleting the app or your account does not by itself cancel an App Store subscription.

8.4 Payments on the web are processed by Stripe, and App Store purchases by Apple. We do not store your full card number. You authorize us and our payment processors to charge your payment method for all fees and applicable taxes.

8.5 Price changes. We may change prices. We will give you advance notice as required by law, and changes apply from your next billing period. If you do not agree, cancel before the change takes effect.

8.6 Refunds. Except under the Pass Guarantee in 8.7 or where required by law, payments are non-refundable, including for partial periods, unused time or features you did not use. We may grant refunds at our discretion. App Store refunds are handled by Apple under Apple's policies. If you live in a country whose consumer law gives you a withdrawal or refund right, that right applies; by starting to use paid digital content immediately, you acknowledge that you may lose a statutory withdrawal right where the law allows this.

8.7 Pass Guarantee. If you are on the 3-month plan or bought the 3-Month Pass (a one-time payment for 3 months of access that does not renew) and do not pass the NCLEX-RN, you can request a refund of your most recent 3-month payment (or of your 3-Month Pass payment). To qualify, all of the following must be true: (a) you had paid for at least one 3-month period (a free trial alone does not qualify) and your plan or pass was active on the day you took the exam; (b) before your exam date, on the account requesting the refund, you answered at least 80% of the questions in the Mars AI NCLEX-RN question bank (as the bank stood on your exam date) and completed at least 2 full CAT exam simulations; (c) you send us official proof that you did not pass, such as your NCLEX candidate performance report or a notice from your board of nursing, showing your name and exam date; and (d) you send your request to us within 30 days of receiving your result. We may verify your practice history and the proof you send. The guarantee covers one refund per person and one exam attempt, and does not apply to the monthly or weekly plans, to promo-code access, or to App Store purchases (which Apple refunds under its own policies). Once a refund is issued, your subscription or pass is canceled and access ends. This guarantee is in addition to any rights you have under consumer law.

8.8 Trials and promotions are limited to one per person and may be changed or ended at any time. We may refuse a trial where we suspect abuse.

8.9 If a payment fails, we may suspend paid features until the balance is paid.

9. Our intellectual property

9.1 The Service, including its software, design, text, questions, rationales, articles, graphics, the Bubu character, animations, logos and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws.

9.2 Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Service for your own non-commercial study. All rights not expressly granted are reserved.

10. Communications

10.1 You agree that we may send you service-related messages (such as account, security, billing and results messages) electronically, and that electronic messages satisfy any legal requirement that communications be in writing.

10.2 If you give us your email address (for example to see readiness test results), we may send you study tips, product updates and offers where permitted by law. Where local law requires your consent first (for example in Canada, the EEA or the UK), we will only send marketing emails with that consent. Every marketing email includes an unsubscribe link, and unsubscribing does not affect service messages.

11. Third-party services

11.1 The Service relies on third parties, including hosting, database, analytics, payment, sign-in and AI providers. We are not responsible for their services, outages, content or policies, and your use of them may be subject to their terms.

11.2 Links to third-party websites, studies or resources are provided for convenience only and do not mean we endorse them.

12. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, email getmarsai@gmail.com with: your contact information; a description of the work; the location of the material; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act; and your physical or electronic signature. We may remove content and terminate repeat infringers.

13. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL CONTENT AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT OR AI OUTPUT IS ACCURATE, COMPLETE OR CURRENT, THAT YOUR DATA WILL NOT BE LOST, OR THAT USING THE SERVICE WILL RESULT IN PASSING ANY EXAM OR OBTAINING ANY LICENSE. YOU USE THE SERVICE AT YOUR OWN RISK.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you; in that case they apply to the fullest extent permitted.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EDUCATIONAL OR CAREER OPPORTUNITY, EXAM FEES, OR COSTS OF SUBSTITUTE SERVICES, OR FOR ANY HARM ARISING FROM RELIANCE ON CONTENT OR AI OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.

These limits apply to all theories of liability (contract, tort, negligence, strict liability, statute or otherwise) and even if a remedy fails of its essential purpose. They are an essential basis of the bargain between us. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where applicable, death or personal injury caused by negligence.

15. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Company and its affiliates, owners, officers, employees, contractors and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from your User Content, your use or misuse of the Service or any AI Output, your breach of these Terms, or your violation of any law or third-party right. We may assume control of the defense at your expense, and you will cooperate.

16. Suspension and termination

16.1 You may stop using the Service at any time. We may suspend, limit or terminate your access at any time, with or without notice, if we believe you have breached these Terms, created risk or legal exposure for us or others, or if we discontinue the Service.

16.2 On termination, your license ends. Sections that by their nature should survive (including content licenses for retained copies, payment obligations, disclaimers, limitations of liability, indemnity and dispute resolution) survive.

17. Changes to the Service and these Terms

We may change, suspend or discontinue any part of the Service at any time. We may update these Terms; the "Last updated" date shows the latest version. If changes are material, we will give reasonable notice (for example by email or in the Service). Continuing to use the Service after changes take effect means you accept them. Changes do not apply retroactively to disputes we already know about.

18. Dispute resolution, arbitration and class action waiver

18.1 Talk to us first. Before starting any formal claim, you agree to email getmarsai@gmail.com with a description of the dispute and to try in good faith to resolve it informally for at least 60 days.

18.2 Binding arbitration. Except for the excluded claims below, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator, not a court, decides questions of arbitrability, except that a court decides the validity of the class action waiver. The seat of arbitration is Richmond, Virginia, unless the AAA rules or applicable law require otherwise, and hearings may be held by video. The Federal Arbitration Act governs this section.

18.3 CLASS ACTION AND JURY WAIVER. YOU AND WE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE BUT THE INDIVIDUAL PARTY. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

18.4 Excluded claims. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to stop infringement or misuse of intellectual property or the Service.

18.5 Opt-out. You may opt out of this arbitration agreement by emailing getmarsai@gmail.com within 30 days after you first accept these Terms, with your name, account email and a clear statement that you opt out of arbitration.

18.6 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

18.7 If the class action waiver is found unenforceable for a claim, that claim (and only that claim) must proceed in court and not in arbitration. If any other part of this section is found unenforceable, the rest remains in effect.

18.8 Outside the U.S. If mandatory consumer law where you live gives you the right to bring proceedings in your local courts or prohibits arbitration or class waivers, that law applies to the extent required.

19. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict-of-law rules, except where mandatory consumer law of your country of residence applies. Subject to Section 18, the exclusive venue for court actions is the state or federal courts in Richmond, Virginia, and you consent to their jurisdiction. The UN Convention on Contracts for the International Sale of Goods does not apply.

20. Apple App Store terms

If you use our iOS app: these Terms are between you and the Company, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support, and, to the maximum extent permitted by law, has no warranty obligation other than refunding the purchase price if the app fails to conform to a warranty. Apple is not responsible for product liability, legal compliance, consumer protection or intellectual property claims relating to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also comply with Apple's Usage Rules.

21. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including in a merger or sale. We are not liable for delays or failures caused by events beyond our reasonable control. Headings are for convenience only. Nothing in these Terms creates any partnership, agency or employment relationship.

California residents: under Cal. Civ. Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

Questions about these Terms: getmarsai@gmail.com.