Terms of Service

1. Acceptance of Terms

Welcome to IQ Apparatus. By accessing or using our continuing education platform at IQApparatus.com, including all subdomains, mobile applications, and API integrations (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and IQ Apparatus ("we," "our," or "us"). We reserve the right to modify these Terms at any time, with changes effective upon posting to our website. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

Eligibility: You must be at least eighteen (18) years of age and a licensed or credentialed healthcare professional (or a student actively enrolled in an accredited healthcare program) to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into this agreement.

2. Description of Service

IQ Apparatus provides an online platform for accredited continuing education (CE) activities for professionals across industries. Our Service includes:

• Access to CE activities and educational content
• Interactive learning activities and assessments
• Certificate generation upon activity completion
• Transcript exports in multiple professional formats
• Progress tracking and personalized recommendations

3. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Pricing and Payment

4.1 Pricing

Activities are offered on an individual-purchase basis, through subscription plans, or free of charge, depending on the activity and the publishing organization. Some activities are priced by IQ Apparatus; others are priced by the accredited provider organization that publishes them.

The price that applies to you is the price displayed at checkout for the specific activity or plan at the time of purchase. Current plan pricing is shown on our pricing page and is subject to change; changes do not affect a subscription term you have already paid for.

4.2 Payment Processing

Payments are processed securely through Stripe. By making a purchase, you authorize us to charge your payment method. All payments are in US dollars unless otherwise stated.

4.3 Refund Policy

ALL DIGITAL CONTENT PURCHASES, INCLUDING INDIVIDUAL ACTIVITY PURCHASES AND SUBSCRIPTION FEES, ARE NON-REFUNDABLE ONCE YOU HAVE ACCESSED ANY PORTION OF THE ACTIVITY CONTENT. Where you have not accessed any portion of the purchased content, you may request a refund within thirty (30) days of purchase by contacting support@iqapparatus.com.

Annual subscriptions may be cancelled at any time to prevent future billing. No refund or prorated credit is issued for the remaining portion of a subscription term once the term has begun and any activity content has been accessed.

In the event you initiate a chargeback or payment dispute with your financial institution without first contacting us at support@iqapparatus.com, you agree to pay a $50.00 administrative fee in addition to any amounts owed. We reserve the right to immediately suspend your account and revoke access to all content pending resolution of any dispute.

4.4 Marketplace Purchases and Seller Organizations

Certain activities are published and sold by accredited provider organizations ("Seller Organizations") through our marketplace. For those transactions:

• The Seller Organization sets the price, owns the educational content, and is responsible for the accreditation, delivery, and credit issuance for its activities.
• IQ Apparatus operates the platform and the payment flow. Funds are collected through our Stripe integration and remitted to the Seller Organization's connected payment account, net of the platform fee agreed with that organization.
• Payouts to Seller Organizations are subject to Stripe's processing schedule, verification requirements, and reserve or hold policies.
• Refund decisions for marketplace activities are made in accordance with Section 4.3. Where a refund is issued for a marketplace purchase, the corresponding amount, including any platform fee already remitted, may be reversed against the Seller Organization.
• IQ Apparatus is not a party to the educational relationship between you and a Seller Organization and does not warrant that organization's content, accreditation determinations, or communications.

5. CE Credits and Accreditation

IQ Apparatus provides activities that may be accredited by various professional bodies including ACCME, ANCC, ACPE, AAPA/NCCPA, ADA CERP, ASWB ACE, and APA CE. Accreditation status is clearly indicated on each activity.

IMPORTANT: IQ APPARATUS MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT ANY CE CREDITS EARNED THROUGH THE SERVICE WILL BE ACCEPTED BY ANY SPECIFIC STATE LICENSING BOARD, REGULATORY BODY, EMPLOYER, OR CREDENTIALING ORGANIZATION. YOU BEAR SOLE RESPONSIBILITY FOR VERIFYING THAT CREDITS EARNED MEET THE REQUIREMENTS OF YOUR SPECIFIC LICENSING OR CERTIFICATION BOARD PRIOR TO ENROLLMENT.

You are responsible for:

• Verifying that activities meet your licensing board's requirements before enrollment
• Maintaining records of your CE completions
• Providing accurate professional credential information
• Completing all activity requirements honestly and in good faith
• Confirming credit applicability with your specific regulatory jurisdiction

We provide transcripts and certificates as documentation but cannot guarantee acceptance by all licensing boards. Any reliance on the applicability of credits is at your own risk.

6. Acceptable Use

You agree NOT to:

• Share your account credentials with others
• Complete courses on behalf of another person
• Use automated tools to complete assessments
• Copy, reproduce, or distribute course content
• Attempt to circumvent security measures
• Submit false information for CE credit
• Use the Service for any unlawful purpose
• Interfere with the proper functioning of the Service
• Upload, transmit, or input any protected health information (PHI) or individually identifiable health data

Violations may result in immediate account termination, forfeiture of all credits and certificates, and reporting to relevant licensing boards and regulatory authorities.

7. Intellectual Property

All content on the Service, including courses, text, graphics, logos, images, audio, video, and software, is the property of IQ Apparatus or our content providers and is protected by copyright and intellectual property laws.

Your purchase grants you a limited, non-exclusive, non-transferable license to access and view course content for personal educational purposes only. You may not reproduce, distribute, modify, or create derivative works without our written permission.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT.

WITHOUT LIMITING THE FOREGOING, IQ APPARATUS MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (D) THE CONTENT WILL SATISFY THE REQUIREMENTS OF ANY SPECIFIC LICENSING BOARD, REGULATORY BODY, OR CREDENTIALING ORGANIZATION; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Educational content is for informational purposes only and does not constitute medical advice, diagnosis, or treatment recommendations. Content may reflect practices current at the time of authorship and may not reflect the most current clinical guidelines or evidence. Always consult appropriate clinical guidelines and exercise independent professional judgment in patient care.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQ APPARATUS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, AND LICENSORS (COLLECTIVELY, THE "IQ APPARATUS PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, PROFESSIONAL LICENSURE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF IQ APPARATUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE IQ APPARATUS PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO IQ APPARATUS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IQ APPARATUS, AND THAT IQ APPARATUS WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. YOU AGREE THAT THESE LIMITATIONS ARE REASONABLE.

10. Indemnification

You agree to indemnify, defend, and hold harmless the IQ Apparatus Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your infringement of any rights of another party; (e) any clinical decisions you make based on or influenced by content accessed through the Service; (f) any claims by patients, employers, or third parties arising from your professional practice or use of educational content; (g) any regulatory actions, investigations, or proceedings related to your professional conduct; or (h) your breach of any representation or warranty made in connection with these Terms.

This indemnification obligation shall survive the termination of your account and these Terms.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to access the Service will immediately cease
• You may download your certificates and transcripts for 30 days
• We may retain records as required for accreditation compliance

You may terminate your account at any time by contacting us. Cancellation stops future billing; refunds for the current term are governed by Section 4.3.

12. AI-Assisted Content

Portions of the Service use artificial intelligence to assist authors, including content and script drafting, image generation, and synthetic talking-avatar presenter videos. AI is an authoring aid, not an author of record.

• Human review is required. Organizations and authors are solely responsible for reviewing, fact-checking, and approving all AI-assisted output before an activity is published, and for ensuring it meets applicable accreditation standards, including content validity and independence requirements.
• Accuracy. AI output can be incomplete, outdated, or incorrect. We make no warranty as to the accuracy of AI-generated material, and Section 8 applies in full.
• Avatars and voices. Synthetic presenters are licensed from our vendor and must be presented to learners as synthetic. You may not use avatar or voice features to impersonate a real person, faculty member, or organization, or to imply endorsement that has not been given. If you supply your own likeness or voice material, you represent that you hold all necessary rights and consents.
• Your inputs. You must not submit protected health information, patient identifiers, or third-party confidential material to AI features, and you represent that you hold the rights to any source material you submit.

13. Developer API and Agent Access

We provide a public API, webhooks, and an agent (MCP) interface for organizations that integrate IQ Apparatus with their own systems. Use of these interfaces is subject to these Terms and to any additional developer documentation we publish.

• API keys and agent credentials are confidential; you are responsible for all activity conducted with them and must notify us immediately of any suspected compromise.
• Credentials are scoped to the issuing organization. You may not attempt to access data belonging to another organization or to circumvent scoping or rate limits.
• We may impose or adjust rate limits, quotas, and abuse protections, and may suspend a key or connection that threatens platform stability or security.
• Interfaces may change. We aim to give reasonable notice of breaking changes but do not guarantee backward compatibility, uptime, or webhook delivery, and we are not liable for integration failures.
• You must comply with applicable privacy law for any personal data you retrieve, and you must not use the API to build a competing continuing education marketplace or to bulk-extract content.

14. Electronic Communications

By creating an account you consent to receive communications from us and, where applicable, from the organization whose activities you access, electronically. These include transactional messages (receipts, enrollment confirmations, certificates, security notices) and educational messages required for accreditation, such as outcomes follow-up surveys. Transactional and accreditation-required messages are part of the Service and cannot be opted out of while your account is active.

Promotional and marketing messages, including activity announcements and event campaigns, include an unsubscribe link in every message. Unsubscribing from promotional email does not affect transactional or accreditation messages. Browser push notifications are opt-in and can be revoked in your browser at any time.

15. Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act and terminate the accounts of repeat infringers. Submit notices and counter-notices as described on our Legal Inquiries page.

16. Accessibility

We design the Service to conform substantially with WCAG 2.1 Level AA and continue to improve accessibility over time. Educational content is authored by organizations, and accessibility of a specific activity's materials, including uploaded media, depends in part on that organization. If you encounter an accessibility barrier, contact support@iqapparatus.com and we will work with you to provide the content in an accessible format.

17. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property violations.

17.1 Class Action Waiver

YOU AND IQ APPARATUS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

18. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and IQ Apparatus.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.

18.1 Force Majeure

IQ Apparatus shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, or materials, failure of telecommunications or information systems, cyberattacks, or government actions.

19. HIPAA Disclaimer

IQ Apparatus is an educational technology platform and IS NOT a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. The Service is not designed, intended, or authorized for the storage, processing, or transmission of protected health information (PHI) or electronic protected health information (ePHI).

YOU AGREE NOT TO UPLOAD, TRANSMIT, OR INPUT ANY PHI, ePHI, OR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION INTO THE SERVICE. ANY SUCH SUBMISSION IS STRICTLY PROHIBITED AND CONSTITUTES A MATERIAL BREACH OF THESE TERMS. IQ APPARATUS ASSUMES NO LIABILITY FOR ANY PHI OR ePHI THAT MAY BE SUBMITTED IN VIOLATION OF THIS PROVISION.

20. Contact Information

For questions about these Terms of Service, please contact us:

• Email: legal@iqapparatus.com
• Contact form: iqapparatus.com/contact
• Legal, copyright, and security matters: iqapparatus.com/legal
• Privacy Policy: iqapparatus.com/privacy