Terms of Service

Last updated: April 25, 2026.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOARD PEARLS, LLC AND AFFECT YOUR LEGAL RIGHTS.

1. Introduction

1.1 Agreement

Board Pearls, LLC, a Minnesota limited liability company ("Company," "we," "our," or "us") recommends that you carefully read these Terms of Service ("Terms"). These Terms govern your access to and use of the Company's website, software applications, educational content, artificial intelligence learning tools, mobile applications, and all related products and services (collectively, the "Service"), however accessed or used.

By creating an account, purchasing a subscription, logging into the Service, or otherwise accessing or using any portion of the Service, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and the Company regarding your use of the Service.

If you do not understand or agree to these Terms, you may not access or use the Service.

1.2 User Types

These Terms apply to individuals using the Service for their own educational purposes ("Individual Users") and to organizations or other legal entities that purchase or provide access to the Service for their employees, contractors, students, or other authorized users ("Organization Users").

If you access or use the Service on behalf of an Organization User, you represent and warrant that you have the authority to bind that organization to these Terms.

Unless the context requires otherwise, the terms "you" and "your" refer to both the individual user and, where applicable, the organization on whose behalf the Service is being used.

1.3 Paid Services and Educational Content

The Company provides subscription-based educational content and related software services. Additional terms applicable to subscriptions, billing, cancellations, and payments are set forth in these Terms.

1.4 Privacy Policy

Your use of the Service is also governed by the Company's Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood the Privacy Policy and agree to its terms.

1.5 No Permission Without Agreement

If you do not agree to these Terms or the Privacy Policy, you must immediately discontinue use of the Service.

2. Privacy Policy

By using the Service, you consent to the collection, use, storage, and disclosure of your information as described in the Company's Privacy Policy.

The Privacy Policy explains how we collect, use, protect, and share information obtained through your use of the Service.

3. Changes to These Terms

Technology, business practices, and applicable laws change over time. Accordingly, the Company reserves the right to modify these Terms or the Privacy Policy at any time.

When changes are made, the updated Terms will become effective upon posting unless otherwise required by applicable law.

Your continued use of the Service after revised Terms become effective constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must discontinue use of the Service.

4. Eligibility

By accessing or using the Service, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
• You are legally permitted to use the Service;
• You will maintain only one account unless otherwise authorized by the Company;
• The information you provide to the Company is accurate, complete, and current;
• You have the legal authority to enter into these Terms; and
• Your use of the Service will comply with all applicable laws and regulations.

You assume full responsibility for all access to and use of the Service through your account.

5. No Physician-Patient Relationship

The Service provides educational materials and software designed to support learning in gastroenterology and related medical fields. The Company does not provide medical care, diagnosis, treatment, or professional healthcare services through the Service.

Your use of the Service does not create a physician-patient relationship, healthcare provider-patient relationship, or any other professional relationship between you and the Company or its officers, directors, employees, instructors, contractors, affiliates, or contributors.

The educational materials provided through the Service are intended solely for informational and educational purposes and should not be relied upon as a substitute for independent clinical judgment or consultation with qualified healthcare professionals.

6. License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal educational purposes.

Except for the limited license granted in this Section, all rights, title, and interest in and to the Service are reserved by the Company.

Except as expressly authorized in these Terms, no portion of the Service may be copied, reproduced, duplicated, modified, distributed, transmitted, displayed, stored, sold, licensed, or otherwise exploited without the Company's prior written consent.

Nothing in these Terms grants you any ownership interest in the Service or any intellectual property owned or licensed by the Company.

Your rights under this Section terminate immediately if, in the Company's sole judgment, you violate these Terms.

7. Software as a Service

The Company provides subscription-based software and educational content through the Service (the "Platform"). The Platform may include educational courses, video lectures, quizzes, practice questions, study materials, artificial intelligence learning tools, downloadable resources, and other educational content relating to gastroenterology and related medical topics.

7.1 Individual Users

Individual Users may register directly through the Service.

By registering, Individual Users agree to be bound by these Terms, the Privacy Policy, and any additional terms presented during the registration or subscription process.

If any conflict exists between these Terms and additional terms applicable to a specific product or service, the additional terms shall control solely with respect to that product or service.

7.2 Organization Users

Hospitals, medical practices, educational institutions, corporations, or other organizations may enter into separate agreements governing access to the Platform for their authorized users.

Where a separate written agreement exists between the Company and an Organization User, that agreement shall control to the extent of any conflict with these Terms.

Authorized users accessing the Platform through an Organization User remain individually bound by these Terms.

7.3 Software Updates

The Company may update, modify, improve, replace, or discontinue any feature or functionality of the Platform at any time.

You acknowledge that periodic updates are an inherent part of software-based services and agree that continued use of the Platform may require acceptance of such updates.

7.4 Availability

While the Company makes commercially reasonable efforts to maintain the availability of the Platform, uninterrupted access cannot be guaranteed.

The Platform may be temporarily unavailable because of scheduled maintenance, software updates, security events, technical issues, or circumstances beyond the Company's reasonable control.

The Company does not provide any service level agreement unless expressly agreed to in writing.

8. No Reliance on Third-Party Content

8.1 Third-Party Content

The Service may include educational materials, articles, opinions, commentary, research, links, or other content created or provided by third parties.

Such content reflects the views of its respective authors and not necessarily those of the Company.

The Company does not guarantee the accuracy, completeness, reliability, or usefulness of any third-party content and assumes no responsibility for any reliance placed upon such content.

8.2 Professional Contributors

Certain educational materials available through the Service may be created or presented by physicians, healthcare professionals, educators, researchers, or other subject matter experts.

Although such contributors may possess specialized education, training, or professional credentials, the Company does not guarantee the accuracy, completeness, or continued validity of their content.

Users remain solely responsible for independently evaluating and verifying all educational information before applying it in any clinical, academic, research, or professional setting.

9. Assumption of Risk

You acknowledge that your use of the Service is voluntary and at your own risk.

You assume full responsibility for any decisions or actions taken in reliance upon information obtained through the Service.

The Company shall not be responsible for any loss, injury, claim, liability, or damages arising from or related to your access to or use of the Service, including your reliance upon educational materials, third-party content, or other information made available through the Platform.

Nothing in this Section limits liability to the extent prohibited by applicable law.

10. User Account, Accuracy, and Security

10.1 User Account

Certain features of the Service require you to create an account.

During registration, you may be required to provide personal information, including your name, email address, payment information, and other identifying information.

You agree to provide complete, accurate, and current information and to keep your account information updated.

10.2 Account Information

You represent and warrant that all information submitted in connection with your account is truthful, complete, and accurate.

If the Company reasonably believes that any information provided is false, incomplete, misleading, or inaccurate, the Company may suspend or terminate your access to the Service.

10.3 Account Security

You are responsible for maintaining the confidentiality of your username, password, and any other authentication credentials associated with your account.

You agree to notify the Company immediately of any unauthorized use of your account or any suspected security breach.

You are responsible for all activity occurring under your account unless otherwise prohibited by applicable law.

10.4 Account Sharing

Unless expressly authorized by the Company, each account is intended for use by a single individual.

You may not share your login credentials, permit another individual to use your account, or otherwise circumvent account access restrictions.

The Company reserves the right to suspend or terminate accounts that violate this provision.

10.5 Free Trials

If the Company offers a free trial, only one free trial is permitted per individual unless otherwise authorized by the Company.

The Company reserves the right to suspend or terminate accounts created for the purpose of obtaining multiple free trials or otherwise abusing promotional offers.

11. Consent to Receive Electronic Communications

11.1 Electronic Communications

By creating an account or otherwise using the Service, you consent to receive electronic communications from the Company, including emails, account notifications, billing notices, security alerts, service announcements, product updates, and other communications relating to your use of the Service.

You agree that these electronic communications satisfy any legal requirement that communications be provided in writing.

You may opt out of receiving promotional or marketing emails by following the unsubscribe instructions included in those communications. You acknowledge, however, that you may continue to receive transactional or administrative communications necessary for the operation of your account or the Service.

11.2 Feedback

If you submit comments, suggestions, ideas, recommendations, feature requests, or other feedback regarding the Service ("Feedback"), you grant the Company a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, publish, distribute, display, and otherwise incorporate such Feedback into the Service without compensation, attribution, or any obligation to you.

You represent that you have the right to provide such Feedback and that doing so does not violate the rights of any third party.

12. Fees

12.1 Subscription Fees

Certain features of the Service require payment of subscription fees or other charges.

By purchasing a Subscription, you agree to pay all applicable fees disclosed at the time of purchase.

12.2 Automatic Billing

Subscriptions consist of an initial billing period followed by recurring billing periods based on the subscription plan you select.

By purchasing a Subscription, you authorize the Company, or its third-party payment processor, to automatically charge your selected payment method for all recurring subscription fees until your Subscription is canceled in accordance with these Terms.

You are responsible for maintaining a valid payment method associated with your account.

12.3 Automatic Renewal

Unless canceled before the applicable renewal date, your Subscription will automatically renew for successive billing periods at the then-current subscription rate.

You may cancel your Subscription at any time as described below.

12.4 Cancellation

12.4.1 How to Cancel

You may cancel your Subscription through your account settings or by contacting the Company's customer support.

Cancellation becomes effective after it has been processed by the Company.

12.4.2 Effect of Cancellation

After your cancellation becomes effective, the Company will not charge you for future renewal periods.

Unless otherwise required by applicable law, fees previously paid are nonrefundable, and you will continue to have access to the Service until the end of your current billing period.

At the conclusion of the current billing period, your Subscription will terminate automatically.

12.5 Refund Policy

Except as otherwise provided in these Terms or required by applicable law, all Subscription fees and fees paid for digital educational content are nonrefundable.

The Company may, in its sole discretion, issue refunds or account credits in exceptional circumstances, including duplicate charges, billing errors, or technical issues that materially prevented access to the Service.

Any discretionary refund or credit issued by the Company does not create an obligation to provide refunds or credits in future circumstances.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND AVAILABILITY.

THE COMPANY DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
• THE EDUCATIONAL CONTENT PROVIDED THROUGH THE SERVICE IS COMPLETE, CURRENT, OR FREE FROM ERRORS.

YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND FOR ANY DECISIONS MADE IN RELIANCE UPON INFORMATION OBTAINED THROUGH THE SERVICE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN THOSE JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, licensors, successors, and assigns from and against any claims, damages, liabilities, losses, costs, expenses, or demands, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Service;
• your violation of these Terms;
• your violation of applicable law;
• your infringement of any intellectual property or other rights of a third party; or
• any misuse of your account.

This indemnification obligation survives the termination of these Terms and your use of the Service.

16. Termination

The Company may suspend or terminate your access to the Service at any time, with or without notice, if the Company reasonably believes that:

• you have violated these Terms;
• you have engaged in fraudulent, unlawful, or abusive conduct;
• continued access may expose the Company or other users to legal, security, or operational risk; or
• termination is otherwise necessary to protect the Company or the integrity of the Service.

Upon termination:

• your right to access and use the Service immediately ceases;
• any licenses granted under these Terms automatically terminate; and
• any provisions that by their nature should survive termination shall remain in effect, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

17. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating arbitration, you agree to first contact the Company and make a good faith effort to resolve the dispute informally. If the dispute cannot be resolved within thirty (30) days after written notice is received, either party may initiate binding arbitration.

18.2 Binding Arbitration

Except as otherwise provided in these Terms or where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration rather than in court.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules then in effect, unless the parties mutually agree otherwise.

The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Judgment upon the arbitrator's award may be entered in any court having jurisdiction.

18.3 Exceptions

Nothing in this Section prevents either party from:

• seeking temporary, preliminary, or permanent injunctive relief;
• pursuing claims in small claims court when eligible; or
• seeking equitable relief for actual or threatened infringement of intellectual property rights.

18.4 Class Action Waiver

To the fullest extent permitted by law, you and the Company agree that all disputes shall be resolved solely on an individual basis.

Neither party may bring or participate in any class action, collective action, representative action, or private attorney general action arising out of or relating to these Terms or the Service.

The arbitrator may not consolidate claims involving multiple parties or preside over any class or representative proceeding.

18.5 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.