Terms of Service

Effective Date: [DATE]

Last Updated: [DATE]

Please read these Terms carefully before creating an account.

By creating an account or using the PANCE Agent platform, you agree to be bound by these Terms. If you do not agree, do not create an account or use the platform.

Section 19 contains an arbitration agreement and class action waiver. It affects your legal rights. You have the right to opt out of arbitration within 30 days of creating your account as described in Section 19.

1. Agreement and Parties

These Student Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “Student”) and PANCE Agent LLC, an Ohio limited liability company (“PANCE Agent,” “we,” “us,” or “our”), governing your access to and use of the PANCE Agent platform and all associated services (the “Service”).

By creating an account, clicking an acceptance checkbox, or otherwise using the Service, you represent that you have read and agree to these Terms and that you are at least 18 years of age. These Terms incorporate our Privacy Policy by reference.

2. Eligibility and School Authorization

2.1 School Authorization Required

All students must be enrolled in or affiliated with a PA program whose institution has executed a valid School Authorization Agreement with PANCE Agent. We verify school authorization at account creation. If your school has not authorized PANCE Agent, you are not eligible to create an account.

2.2 Student Eligibility

To use the Service, you must be at least 18 years of age, currently enrolled in or affiliated with an authorized PA program, and provide accurate registration information. You may not create an account on behalf of another person or transfer your account to anyone else.

2.3 Account Accuracy

You agree to provide accurate, current, and complete information and to keep it updated. Providing false or misleading information — including about your school affiliation — is grounds for immediate account termination.

3. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at questions@panceagent.com if you suspect unauthorized access, and not to share your credentials with any other person. We are not responsible for losses resulting from unauthorized access caused by your failure to maintain credential security.

4. Description of Service

PANCE Agent is an AI-powered study platform designed to help PA students prepare for the PANCE board examination, including:

Lecture upload and AI-powered content processing
AI-powered intake sessions (topic-by-topic tutoring)
AI-powered review sessions (cross-category recall testing)
Mastery tracking across PANCE Blueprint categories
Faculty access to student performance data (Subsidized and Institutional tiers only)

5. AI Disclosure — You Are Interacting with an Artificial Intelligence

The PANCE Agent tutor is an artificial intelligence system. It is not a human educator, clinician, or Physician Assistant. Every response during an intake or review session is generated by an AI model (Anthropic’s Claude). The AI tutor does not have a license to practice medicine.

The AI tutor may make mistakes. AI-generated content can be incomplete, outdated, or inaccurate. You are responsible for verifying AI-generated content against authoritative sources. PANCE Agent is not affiliated with, endorsed by, or sponsored by the NCCPA. “PANCE” is a registered certification mark of the NCCPA; its use here is purely descriptive.

6. Medical and Educational Disclaimer

PANCE Agent is a study preparation tool, not a source of medical advice or clinical guidance. Content generated by the platform is intended solely to help you study for the PANCE board examination. Do not apply AI-generated content to real patient situations. PANCE Agent makes no representation that using the platform in any particular way will result in passing the PANCE examination.

7. Your Uploaded Content

7.1 Your Responsibility

By uploading content, you represent and warrant that you have the legal right to upload and use the content in connection with the Service, and that your upload complies with applicable copyright law and your institution’s policies regarding use of course materials on third-party platforms.

7.2 Content Isolation

Your uploaded files and all AI-generated content derived from your uploads are used exclusively to generate study sessions for your own account. No other PANCE Agent user has access to your uploaded materials. Your content is not used to train general-purpose AI models.

8. License Grant to PANCE Agent

By uploading content, you grant PANCE Agent a limited, non-exclusive, non-sublicensable, royalty-free license to store, process, index, retrieve, and use your uploaded content solely to provide you with the Service. You retain all copyright and other intellectual property rights in your uploaded content. This license terminates when your account is closed.

9. PANCE Agent's Intellectual Property

PANCE Agent and its licensors own all intellectual property rights in the Service, including the platform software, AI models, system prompts, and interface design. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal study purposes during your active subscription. You may not copy, modify, distribute, sell, reverse engineer, or sublicense any part of the Service.

10. Payment and Subscription

10.1 Student Pay (Individual Subscription)

Billed monthly at $45.00 per month. Subscriptions renew automatically unless cancelled. Cancellation takes effect at the end of the current billing period; access continues through the period for which you have paid.

10.2 Subsidized Tier

Your school pays a portion of the subscription fee and you pay the remainder, as agreed at sign-up. If your school terminates its agreement with PANCE Agent, your account may be converted to a Student Pay subscription or terminated with reasonable notice.

10.3 Institutional Tier (Full Pay)

Your school pays the full subscription fee. You have no direct payment obligation to PANCE Agent. Your access is contingent on your school’s agreement remaining active.

10.4 Payment Processing

Payments are processed by Stripe. Your billing information is transmitted directly to Stripe and is not stored on PANCE Agent’s servers. We are not responsible for Stripe processing errors.

10.5 Price Changes

We reserve the right to change subscription pricing with at least 30 days’ advance notice. Your continued use after a price change takes effect constitutes acceptance of the new price.

11. Free Trial

If PANCE Agent offers a free trial period, you may access the Service at no charge for the duration of the trial. A free trial is the first seven days of a real PANCE Agent account — full product access, no artificial restrictions. At the end of the trial period, continued access requires a paid subscription.

School authorization is required before starting a free trial. The same eligibility requirements that apply to paid accounts — including enrollment at an approved PA program — apply equally to trial accounts. If your school is not yet approved, you may share the school authorization link with your program director; once your director completes the School Authorization Agreement, you may create your trial account.

These Terms apply in full during any free trial except for payment obligations. Content you upload and study data you generate during a trial are retained if you convert to a paid subscription, or deleted if your trial expires without conversion, in accordance with our Privacy Policy.

12. Privacy and Data Sharing with Your School

Your use of the Service is governed by our Privacy Policy, incorporated here by reference.

Student Pay tier: Your study data is private to your account. Your school’s faculty have no access to your individual data through PANCE Agent.

Subsidized and Institutional tiers: Your school’s authorization agreement designates PANCE Agent as a school official for FERPA purposes. Certain performance data — mastery scores, session activity, at-risk status — is accessible to designated faculty through the Faculty Portal.

13. Prohibited Conduct

You agree not to use the Service to:

Violate any applicable law or regulation
Infringe the intellectual property rights of any person
Upload content you do not have the right to use
Gain unauthorized access to any portion of the Service or other accounts
Interfere with or disrupt the Service or connected networks
Use automated means to scrape or extract data from the Service
Introduce malware or harmful code
Misrepresent your school affiliation or eligibility
Share account credentials or resell access

14. DMCA and Copyright

PANCE Agent has registered a designated DMCA agent with the U.S. Copyright Office. To submit a copyright infringement notice, send a written notice containing the required elements under 17 U.S.C. § 512(c)(3) to questions@panceagent.com. We maintain a repeat-infringer policy and will terminate accounts of users who repeatedly upload infringing content.

15. Termination

15.1 By You

You may cancel your subscription and close your account at any time. Cancellation stops future billing but does not entitle you to a refund for the current billing period except where required by law.

15.2 By PANCE Agent

We may suspend or terminate your account if you breach these Terms, your school’s authorization is revoked, your school’s subscription lapses, you misrepresented your eligibility, or as required by law.

15.3 Survival

Sections 7, 8, 9, 14, 16, 17, 18, 19, 20, and 21 survive termination of these Terms.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANCE AGENT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

PANCE AGENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI-GENERATED CONTENT IS ACCURATE OR COMPLETE, OR THAT USE OF THE SERVICE WILL RESULT IN PASSING THE PANCE EXAMINATION OR ANY OTHER EXAMINATION.

AI-GENERATED CONTENT IS PRODUCED BY PROBABILISTIC MODELS AND MAY CONTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. YOU ARE RESPONSIBLE FOR VERIFYING AI-GENERATED CONTENT AGAINST AUTHORITATIVE SOURCES BEFORE RELYING ON IT.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PANCE AGENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, EVEN IF PANCE AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANCE AGENT’S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO PANCE AGENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

NOTHING IN THESE TERMS LIMITS PANCE AGENT’S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AS REQUIRED BY OHIO PUBLIC POLICY.

18. Indemnification

You agree to indemnify, defend, and hold harmless PANCE Agent and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service in violation of these Terms, your uploaded content, your misrepresentation of eligibility, or your violation of any applicable law or the rights of any third party.

19. Dispute Resolution — Arbitration Agreement

Please read this section carefully. It requires arbitration of disputes and affects your legal rights.

19.1 Agreement to Arbitrate

Except for the matters in Section 19.5, you and PANCE Agent agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration under the AAA Consumer Arbitration Rules, not in court. The arbitration shall take place in Ohio or, at your election, by telephone or videoconference.

19.2 Right to Opt Out

You have the right to opt out of this arbitration agreement. To opt out, send written notice to questions@panceagent.com with the subject line “Arbitration Opt-Out” within 30 days of the date you first create a PANCE Agent account. Include your name, email address, and a statement that you opt out. Opting out will not affect your ability to use the Service.

19.3 Process

Before initiating arbitration, you agree to first contact us at questions@panceagent.com and attempt to resolve the dispute informally for 30 days. The arbitrator may award any relief a court could award. The arbitrator’s award is final and binding.

19.4 Fees

AAA Consumer Arbitration Rules govern filing fees. PANCE Agent will not seek attorneys’ fees from you in arbitration unless the arbitrator determines your claim was frivolous.

19.5 Exceptions

The following disputes are excluded from arbitration and may be brought in court:

Claims qualifying for small claims court
Injunctive or equitable relief to prevent unauthorized use of intellectual property
Claims related to FERPA or other federal statutory protections that cannot be waived

20. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PANCE AGENT AGREE THAT EACH 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 OR REPRESENTATIVE ACTION OR PROCEEDING.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 19. For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Ohio.

22. Changes to These Terms

We may update these Terms at any time. When we make material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance. If you do not agree, you may cancel your account before the effective date. Modified arbitration terms will not apply retroactively to claims filed before the modification.

23. General Provisions

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and PANCE Agent regarding the Service.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

No Waiver. Our failure to enforce any provision in any instance shall not constitute a waiver of our right to enforce it in the future.

Electronic Agreement. Your acceptance by clicking or checking an acceptance mechanism constitutes a legally binding agreement under the E-SIGN Act (15 U.S.C. § 7001). A record of your acceptance is retained by PANCE Agent.

24. Contact

PANCE Agent
questions@panceagent.com
panceagent.com