1) Using PassTier CORE means you agree to these terms

PassTier CORE is provided by ODX Health, LLC ("we," "our," or "us") for exam practice and feedback. If you do not agree with these terms, please do not use the service.

2) Who can use it

You must be 18+ and an anesthesiology trainee or professional. Keep your account secure and do not share access.

3) What you can do

• Use PassTier CORE for personal study and exam preparation
• Follow normal, individual usage patterns (no stress tests or scraping)

4) What you cannot do

• No reverse engineering or attempts to discover our scoring methods
• No sharing, redistributing, or publishing copyrighted exam materials obtained from third parties (uploading your own practice transcripts for personal analysis is permitted—see our Copyright & Content Policy)
• No PHI without a signed BAA
• No use for patient‑care decisions or other high‑stakes clinical purposes
• No automated, bulk, or abusive activity; no security interference

5) Our technology and content belong to us

Our scoring engine and methods are proprietary to ODX Health, LLC. We do not grant rights to copy, disclose, or derive our algorithms. We may end access if these rules are violated.

6) Restrictions on generated content

All content generated by PassTier CORE—including but not limited to scores, Enhanced Feedback, microscripts, clinical analysis, drill cards, and performance insights—is provided for your personal educational use only. You may NOT:

• Copy, reproduce, or redistribute generated content outside the PassTier platform
• Share, publish, or distribute generated content on social media, forums, or other platforms
• Use generated content to create derivative works, study materials, or commercial products
• Aggregate, compile, or systematically collect generated content for any purpose
• Use generated content to train, fine-tune, or develop competing systems or services

Generated content is licensed to you for personal use only and remains the intellectual property of ODX Health, LLC. Violation of these restrictions may result in immediate termination of your account and legal action.

7) Service is provided “as is”

We aim for accuracy and reliability, but we do not guarantee outcomes. To the fullest extent allowed by law, we are not liable for indirect or consequential damages from use of the service.

8) Copyright and DMCA

You may upload your own practice session recordings and transcripts—including exam-style case scenarios, examiner questions, and your spoken responses—for personal educational analysis. Do not share, redistribute, or publish copyrighted materials obtained from third parties. If you believe content infringes your rights, email a notice to passtier-dmca@copybyte.com.

DMCA Policy

ODX Health, LLC respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Site
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf
• Your electronic or physical signature

ODX Health, LLC may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

9) Beta service and availability

PassTier CORE is provided as a beta service. This means:

• The service may contain bugs, errors, or incomplete features
• We may modify, suspend, or discontinue any part of the service at any time without notice
• We do not guarantee uptime, availability, or data retention
• Features and functionality may change without notice

10) Termination rights

Your rights: You may stop using PassTier CORE at any time. You can delete your local data and Google Drive data at any time.

Our rights: We reserve the right to suspend or terminate your access to PassTier CORE at any time, with or without cause, including for:

• Violation of these Terms of Service
• Abusive, fraudulent, or illegal activity
• Repeated copyright infringement (DMCA repeat-infringer policy)
• Any other reason at our sole discretion

11) Disclaimer of warranties

PASSTIER CORE 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, or non-infringement
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of scores or feedback

12) Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ODX HEALTH, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, consequential, special, or punitive damages
• Loss of profits, revenue, data, or use
• Exam failure or lost opportunities
• Reliance on scores, feedback, or other content provided by PassTier CORE

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS (OR $100 IF YOU HAVE NOT PAID US).

13) Governing law and dispute resolution

These Terms of Service are governed by the laws of the State of California, without regard to conflict of law principles.

Any disputes arising from these terms or your use of PassTier CORE 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.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

14) Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15) Changes to these terms

We may update these terms from time to time. We will post the updated terms with a new "Last updated" date. Continued use of PassTier CORE after changes means you accept the updated terms.

16) Contact

ODX Health, LLC • passtier@odx.ai