Terms and Services

1. INTRODUCTION & ACCEPTANCE

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User", "you") and AMCAcademic, operated by Dafne Technologies ("Company", "we", "us", "Platform"), a New Zealand-based entity in Auckland, New Zealand. By creating an account, accessing content, making a payment, or using the platform in any way, you accept all terms and conditions outlined herein. If you do not accept these Terms in their entirety, you must not use AMCAcademic. Your use of the platform constitutes your acceptance of these Terms, our Privacy Policy and our Disclaimer.

2. GLOBAL PLATFORM & JURISDICTION

AMCAcademic is based in New Zealand and globally accessible. Certain content is specifically designed for exams conducted in specific jurisdictions (e.g., the Australian Medical Council AMC Part 1 CAT MCQ examination). We do not represent that the platform complies with all laws outside New Zealand. You are responsible for complying with all laws applicable to your use of the platform in your jurisdiction. This clause does not affect our obligations under applicable data protection law, which are set out in our Privacy Policy, or your rights under applicable consumer protection law, which are set out in Sections 3 and 22.

3. GOVERNING LAW & JURISDICTION

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. Any legal proceedings arising from these Terms shall be resolved in the courts of New Zealand. However, NOTHING IN THESE TERMS OVERRIDES YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS. If local law requires disputes to be resolved in your local courts or under your local law, you may bring legal proceedings there. Your rights under: (a) Consumer Guarantees Act 1993 (NZ), (b) Fair Trading Act 1986 (NZ), (c) Australian Consumer Law, (d) UK Consumer Rights Act 2015, (e) EU Consumer Rights Directive, (f) Indian Consumer Protection Act, or (g) any other local consumer protection law in your country, CANNOT be excluded or limited by these Terms.

4. DISPUTE RESOLUTION

Before initiating legal proceedings, the parties agree to attempt resolution through: (1) Good faith negotiation for 14 days, (2) Mediation (if both parties agree) for 30 days, (3) Legal proceedings as a last resort. This clause does not prevent either party from seeking urgent injunctive relief, and it does not prevent you from complaining to a consumer protection authority or privacy regulator at any time. All notices regarding disputes must be sent to the other party in writing. Notices to us must be sent to support@amcacademic.com; notices to you will be sent to the email address on file with your account. A notice sent by email is deemed received on the next business day after it is sent.

5. SUBSCRIPTION PLANS & PAYMENT

AMCAcademic offers subscription plans on a one-time payment basis: (a) 1-Month Plan - Full access for one calendar month, (b) 3-Month Plan - Full access for three consecutive calendar months, (c) 6-Month Plan - Full access for six consecutive calendar months. Plans do not renew automatically; when the period ends, access ends unless you purchase another plan. Prices are displayed in the currency specified at checkout and include any New Zealand Goods and Services Tax (GST) that applies. You may be subject to any applicable taxes in your local jurisdiction. Payments are processed by PCI-DSS compliant third-party payment providers (Stripe, PayPal). We do not directly collect or store credit card information. By making a payment, you authorize the payment provider to charge your designated payment method for the full subscription price. You represent that you are authorized to use the payment method provided and that all information is accurate and complete. You will receive an invoice via email upon successful payment. All sales are final and non-refundable except as expressly provided in Section 6 and Section 23.

6. REFUND POLICY & CONSUMER RIGHTS

Refunds are available under the following conditions: (a) Within 7 days of purchase, you may request a full refund if you have not used our platform services yet, (b) After 7 days, or once you have started using the platform, all subscriptions are final and non-refundable EXCEPT where required under applicable consumer protection laws in your jurisdiction, where paragraph (c) applies, or where Section 23 applies, (c) If the platform is unavailable for more than 7 consecutive days due to our technical failure (not including user error or internet issues), you may request a pro-rata refund or service credit. To request a refund: (1) Email support@amcacademic.com with subject line "Refund Request", (2) Include your order number, date of purchase, and reason for refund, (3) We will respond within 5 business days, (4) If approved, refunds are processed within 7-10 business days to your original payment method. NOTHING IN THIS REFUND POLICY EXCLUDES, RESTRICTS, OR MODIFIES YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS. If you believe our service is not of acceptable quality, not fit for purpose, or breaches any consumer guarantee under laws in your country, you may be entitled to a refund, replacement, or repair regardless of this policy. These statutory rights CANNOT be excluded or limited.

7. TAX RESPONSIBILITY

You are responsible for determining and paying any local taxes, duties, customs fees, or other charges that the law of your jurisdiction imposes on you personally. We collect and remit taxes as required by law. You must not rely on us to calculate or pay taxes on your behalf. Nothing in this Section shifts to you any tax liability that the law places on us as the supplier.

8. NO PROFESSIONAL ADVICE

NO CONTENT PROVIDED ON THE PLATFORM CONSTITUTES PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL, OR EDUCATIONAL ADVICE. The platform is for exam preparation and educational purposes only. You must not rely on AMCAcademic as a substitute for: (a) Professional medical consultation with qualified healthcare providers, (b) Licensed educational instruction from accredited institutions, (c) Professional accreditation, clinical training, or licensing requirements, (d) Official exam preparation materials from exam authorities, (e) Legal or financial advice from qualified professionals. All content is provided for educational and exam preparation purposes only. Nothing on the platform may be used to inform the diagnosis, treatment or care of a real patient.

9. USER ACCOUNT REGISTRATION & RESPONSIBILITY

To use AMCAcademic, you must: (a) Create an account with a valid email address, (b) Create a strong password that you do not share with others, (c) Confirm that you are at least 18 years old (or the age of legal majority in your jurisdiction), (d) Provide accurate information during registration, (e) Accept these Terms and our Privacy Policy. You are solely responsible for maintaining the confidentiality of your account credentials and password. You are liable for all activities conducted through your account. Tell us promptly at support@amcacademic.com if you believe your account has been accessed without your permission. You may delete your account at any time by contacting support@amcacademic.com. Upon deletion: (a) Access to the platform immediately ceases, (b) Your personal account data is deleted within 30 days (except where required by law), (c) Pseudonymized learning analytics are retained for platform improvement, (d) No refund is issued for remaining subscription time, except where Section 6 or Section 23 applies. We may suspend or terminate your account immediately if: (a) You violate these Terms or any applicable law, (b) You engage in harassment, abuse, or illegal activity, (c) You attempt to hack, reverse-engineer, or compromise platform security, (d) You repeatedly infringe others' intellectual property rights, (e) You engage in fraud or misrepresentation. We will provide 14 days notice of termination where reasonably practicable, except in cases of security breach or illegal activity where immediate termination is necessary. If we terminate your account under this Section and you have not breached these Terms, we will refund the unused portion of your subscription.

10. ACCEPTABLE USE POLICY

Users agree NOT to: (a) Copy, download, screenshot, or save questions and explanations for redistribution or resale, (b) Share login credentials with other users or allow third-party access, (c) Use automated tools, bots, web scrapers, or crawlers to extract content, (d) Reverse-engineer, decompile, or attempt to hack the platform or its code, (e) Resell, republish, or commercially exploit platform content without written permission, (f) Engage in harassment, hate speech, bullying, or threatening conduct, (g) Violate intellectual property rights of any third party, (h) Manipulate mock exam scores, artificially inflate learning data, or commit fraud, (i) Use the platform for any illegal purpose or activity, (j) Circumvent security measures or access unauthorized parts of the platform. Nothing in paragraph (a) prevents you from doing anything permitted by copyright law where you live, including fair dealing for private study. Violation of this Acceptable Use Policy may result in: (a) Immediate account suspension or termination, (b) Deletion of content, (c) Legal action including copyright infringement claims, damages, and injunctive relief, (d) Report to relevant authorities if illegal activity is suspected.

11. SERVICE DESCRIPTION & MODIFICATIONS

AMCAcademic provides: (a) Access to a high-yield question bank for AMC Part 1 and IELTS exam preparation, (b) Mock examinations in both general and month-specific formats, (c) Learning analytics and performance tracking, (d) Astra AI study companion providing educational guidance and explanations, (e) Access to learning resources and study materials. The platform is provided in its current state and we do not warrant it will be error-free, uninterrupted, or meet your specific needs. We may modify, update, discontinue, or suspend any features, content, or functionality of the platform at any time. Where a change materially reduces what your subscription provides, we will give you 30 days notice and Section 23 applies. Continued use after notification constitutes acceptance of modifications. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM. We may suspend or limit access for: (a) Scheduled or emergency maintenance, (b) System upgrades or improvements, (c) Technical issues or cyber incidents, (d) Force majeure events, (e) Legal requirements or security concerns. We will use reasonable efforts to minimize downtime and notify users of planned maintenance where practicable. WE ACCEPT NO LIABILITY FOR SERVICE INTERRUPTION OR DOWNTIME, except as provided in Section 6(c) and except where liability cannot be excluded under Section 16 or under applicable consumer protection law.

12. ARTIFICIAL INTELLIGENCE, ASTRA AI TUTOR & AI-ASSISTED CONTENT

12.1 Astra. Astra is an AI-powered educational study companion. AI systems have inherent limitations: (a) May generate inaccurate, incomplete, or misleading information, (b) May "hallucinate" or fabricate information that sounds plausible but is false, (c) Are not infallible and should not be treated as authoritative sources, (d) Operate on knowledge with cutoff dates and may not reflect latest information. Users must independently verify all important information before reliance. Astra is NOT a clinical decision-support tool, diagnostic system, medical advisor, or professional medical service. Users must not rely on Astra for real-world medical decisions, patient care, or clinical guidance. All AI-generated responses must be independently verified before use. Astra is available only for exam preparation purposes. Do not enter real patient information, identifiable clinical details, or anything covered by your professional confidentiality obligations into Astra.

12.2 How our content is made. Our questions and explanations originate with our team. We use artificial intelligence tools as part of producing them, to edit, refine, expand, restructure and check our material. Some explanations are drafted with the assistance of AI tools and then edited by our team, and some are written by our team and then edited using AI tools. The AI tools we use draw on publicly available information.

12.3 What that means for you. Content produced or edited with AI assistance may contain errors, omissions, or statements that are out of date or inconsistent with current clinical guidance, and those errors can be confidently expressed and difficult to identify. You must independently verify any clinically significant information against a primary source before relying on it, including current clinical guidelines, standard reference texts, and materials published by the relevant examination authority. Nothing in this Section limits Section 8.

12.4 The involvement of AI tools does not affect our ownership of our content, which is dealt with in Section 14, or the restrictions on your use of it in Section 10. Nothing in this Section limits your rights under applicable consumer protection laws, including any guarantee that services will be provided with reasonable care and skill.

13. THIRD-PARTY SERVICES DISCLAIMER

AMCAcademic relies on third-party services and providers including payment processors (Stripe, PayPal), hosting services, analytics platforms, and customer support tools. Our Privacy Policy identifies the providers that handle personal data. We are NOT responsible for: (a) Third-party service availability or functionality, (b) Third-party policy changes or service modifications, (c) Third-party service outages or failures. Your use of third-party services is subject to their terms and privacy policies. We make no warranties regarding third-party services and disclaim all liability for third-party service issues. This Section does not affect our own responsibilities under applicable data protection law for providers that process personal data on our behalf, which are set out in our Privacy Policy and cannot be disclaimed.

14. INTELLECTUAL PROPERTY RIGHTS

All questions, explanations, algorithms, learning systems, code, designs, graphics, and intellectual property on AMCAcademic are owned by Dafne Technologies or licensed to us, and protected under copyright law, trademark law, the law of confidential information and trade secret law, and by the contractual restrictions in Section 10 and this Section. Our question bank is a compilation: the selection, arrangement, sequencing and curation of that material, and the analytics and adaptive systems built on it, are independently protected as a compilation and as confidential commercial information, separately from any protection attaching to individual items within it. All trademarks, logos, and brand names are the property of their respective owners. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for personal, non-commercial exam preparation only. This licence does NOT permit: (a) Copying or downloading content, (b) Creating derivative works, (c) Sublicensing or transferring access, (d) Commercial exploitation, (e) Modifying or adapting content. The restrictions in Section 10 and in this Section apply to all content on the platform as a matter of contract, whatever the position on copyright in any particular item. The licence terminates immediately upon account termination. If you believe AMCAcademic infringes your copyright, send a detailed notice to support@amcacademic.com including: (a) Description of the infringed work, (b) Location on our platform, (c) Proof of your ownership, (d) Your contact information. We will investigate and respond within 30 days. If we remove material and you believe the removal was mistaken, you may write to the same address and we will reconsider. We reserve the right to seek injunctive relief and damages against users who infringe our intellectual property rights.

15. NO AFFILIATION

AMCAcademic is NOT affiliated with, endorsed by, accredited by, sponsored by, licensed by, or associated with any official examination body, including: the Australian Medical Council (AMC), the Medical Board of Australia, AHPRA, RACGP, ACEM, RACP, RACS, IELTS and its owners IDP Education, the British Council and Cambridge English, or any government authority. We are an independent third-party educational platform. Our content is NOT official exam material and we make no representation of endorsement by any official body. Where we refer to an examination or examining body by name, we do so only to identify what our material prepares you for; that use is descriptive and does not indicate any sponsorship, endorsement, licence or affiliation.

16. LIMITATION OF LIABILITY & DISCLAIMERS

THE PLATFORM IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR MEET YOUR NEEDS. This paragraph does not exclude anything that cannot lawfully be excluded, and the consumer guarantees described in Sections 3 and 22 apply regardless of it. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF NZ$200 OR THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. This limitation applies to all claims including negligence, breach of contract, and tort, EXCEPT: (a) Personal injury or death, (b) Fraud or intentional misconduct, (c) Statutory rights that cannot be limited, (d) Our obligations and your rights under applicable data protection law. IN NO EVENT ARE WE LIABLE FOR: (a) Lost profits or revenue, (b) Lost business opportunities, (c) Lost data or information, (d) Indirect, incidental, or consequential damages, (e) Punitive or exemplary damages, EXCEPT WHERE PROHIBITED BY LAW. You acknowledge inherent risks of online platforms. We implement reasonable security measures but cannot guarantee absolute security. Where a security incident occurs, our responsibilities and your rights are governed by applicable data protection law and by our Privacy Policy, and nothing in these Terms limits or excludes them. NOTHING IN THIS SECTION LIMITS YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS IN YOUR JURISDICTION.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dafne Technologies and its officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) Your violation of these Terms, (b) Your violation of any law or regulation, (c) Your infringement of any third-party intellectual property rights, (d) Content you submit or transmit, (e) Any illegal activity through your account. This indemnity does not apply to the extent that the claim arises from our own act, omission or breach, it does not apply to your ordinary use of the platform in accordance with these Terms, and it does not apply to consumers to the extent that the law where you live prevents it. This indemnity survives termination of these Terms.

18. FORCE MAJEURE

We are not liable for failures or delays in service caused by forces beyond our reasonable control, including: (a) Natural disasters, pandemics, or epidemics, (b) Wars, terrorism, or civil unrest, (c) Strikes or labor disputes, (d) Government actions or regulatory changes, (e) Internet infrastructure failures, (f) Attacks on infrastructure operated by third parties. During force majeure events, we will use reasonable efforts to restore service and may suspend service temporarily without liability. This Section does not apply to any failure caused by our own negligence, and it does not affect our obligations under applicable data protection law or your rights under Section 6(c).

19. SEVERABILITY, ENTIRE AGREEMENT, WAIVER & ASSIGNMENT

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed or modified to the minimum extent necessary to make it enforceable, and remaining provisions shall continue in full force. These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Dafne Technologies and supersede all prior agreements, understandings, and negotiations. This does not exclude liability for fraudulent misrepresentation and does not affect any statement we have made that the law treats as a term or guarantee. Our failure to enforce any provision does not constitute a waiver of that provision or any other right. A waiver of any breach must be in writing signed by an authorized representative. You may not assign, sublicense, or transfer your rights or obligations without our written consent. We may assign our rights or transfer these Terms to any third party or successor entity (including in the event of merger, acquisition, or bankruptcy) without your consent; if we do, your rights under these Terms and our Privacy Policy are unaffected and we will notify you before the transfer takes effect.

20. NOTICES & COMMUNICATION

All notices under these Terms shall be in writing and deemed received when: (a) Sent via email, on the next business day after sending, (b) Posted on the platform, when published, except where these Terms require advance notice, in which case the notice period runs from publication. Notices to us should be sent to: support@amcacademic.com. Notices to you will be sent to the email address on file with your account.

21. PRIVACY POLICY & DATA PROTECTION

Your use of AMCAcademic is also governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy explains our data collection, use, storage, international transfers, and your rights regarding your personal data. In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy governs matters related to personal data and privacy.

22. CONSUMER PROTECTION & COMPLAINT PROCESS

Under applicable consumer protection laws in your jurisdiction, you have statutory consumer guarantees that cannot be excluded. If our services do not comply with these guarantees, you may be entitled to a remedy, and where the failure is a major one the choice of remedy is yours to the extent the law provides. Nothing in these Terms limits that choice or requires you to accept a re-supply instead of a refund where the law entitles you to choose. To lodge a consumer complaint: (1) Email support@amcacademic.com with "Consumer Complaint" in the subject line, (2) Describe the issue and your desired remedy, (3) We will respond within 10 business days. You do not have to complain to us first. You may contact the appropriate consumer protection authority in your jurisdiction: (a) NZ: Commerce Commission (https://comcom.govt.nz/) or Consumer Protection (https://www.consumerprotection.govt.nz/), (b) AU: Australian Competition & Consumer Commission (ACCC) at www.accc.gov.au, (c) UK: Citizens Advice consumer service or your local Trading Standards, (d) EU: Your national consumer protection authority, (e) India: Your District, State or National Consumer Disputes Redressal Commission.

23. CHANGES TO TERMS & SERVICE TERMINATION

We may update these Terms at any time. Changes will be posted here with an updated "Effective Date." For material changes, we will notify you via email at least 30 days in advance. If you do not accept a material change, you may delete your account and we will refund the unused portion of your subscription on a pro-rata basis, notwithstanding Section 9; to claim this, email support@amcacademic.com within 30 days of the change taking effect. Continued use after the change takes effect constitutes acceptance of new Terms. We may suspend or terminate the service at any time. Upon termination, we will provide 30 days notice where practicable and offer a pro-rata refund for unused subscription time (except where Terms were violated).

24. CONTACT & SUPPORT

For questions about these Terms, customer support, and billing: Email: support@amcacademic.com. Response time: 5-10 business days. Data rights requests and privacy complaints are handled under our Privacy Policy, which sets out the applicable statutory response periods.

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