Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions (the “Terms”) are a legally binding agreement between you and Matinee Enterprises, the operator of EncounterLab Internal Medicine (“EncounterLab Internal Medicine,” “Matinee Enterprises,” “we,” “us,” or “our”). They govern your access to and use of the EncounterLab Internal Medicine website, applications, simulated-patient encounters, educational content, scoring, feedback, account, subscription, instructor, administrator, support, and related services (collectively, the “Service”).

By selecting the acceptance checkbox and clicking “I Agree and Continue,” creating or using an account, purchasing a subscription, or otherwise using the Service after these Terms are presented, you acknowledge that you have read, understand, and agree to these Terms and any policies expressly incorporated into them. If you do not agree, do not use an interactive encounter and discontinue use of the Service.

If you use the Service on behalf of an employer, school, residency program, health system, practice, or other organization, you represent that you have authority to bind that organization where applicable. “You” includes both you and that organization to the extent permitted by law.

2. Important Educational and Medical Disclaimer

EncounterLab Internal Medicine is an educational simulation and skills-practice platform. It does not provide medical care, clinical consultation, diagnosis, treatment, triage, supervision, credentialing, legal advice, or a substitute for professional judgment, training, institutional policy, or applicable standards of care.

The simulated patients are fictional or synthetic educational personas. Their statements, images, voices, histories, test results, reactions, scoring, and feedback may be generated or assisted by artificial intelligence and may be incomplete, inaccurate, inconsistent, biased, unrealistic, delayed, or inappropriate. You must independently evaluate all content and must not rely on the Service to make decisions about a real person’s care.

EncounterLab Internal Medicine is not designed or authorized for use with real patients, for real-time clinical decision support, for emergency response, or as a medical device. Do not delay or alter care based on the Service. In a real emergency, contact the appropriate emergency service or qualified professional immediately.

3. Eligibility and Professional Responsibility

You must be at least 18 years old and legally capable of entering a contract, unless your use is expressly authorized and supervised by a parent, legal guardian, or educational institution under a separate written arrangement. The Service is not directed to children.

You are solely responsible for using the Service within the scope of your education, training, licensure, supervision, employment, and institutional requirements. Scores, ranks, badges, reports, and completion records are educational indicators only. They do not establish competency, licensure, board eligibility, fitness for duty, credentialing, or readiness to practice independently.

Educators, institutions, and supervisors remain responsible for curriculum design, learner supervision, assessment decisions, accommodations, remediation, and verification of competence. EncounterLab Internal Medicine does not guarantee that any case satisfies accreditation, continuing-education, regulatory, or employer requirements.

4. Accounts and Account Security

You must provide accurate, current, and complete account information and keep it updated. You may not impersonate another person, create an account for someone without authorization, share credentials, sell or transfer your account, or permit unauthorized access.

You are responsible for activity under your account and for safeguarding your password, device, microphone access, authentication credentials, and subscription. Notify us promptly at admin@encounterlab.org if you suspect unauthorized access or another security issue.

We may require identity or eligibility verification, reject a registration, limit account creation, or suspend access when reasonably necessary to protect the Service, users, or third parties.

5. No Real Patient Information or Confidential Data

Do not enter, upload, speak, transmit, or otherwise disclose any information that identifies or could reasonably identify a real patient or other individual, including protected health information, medical-record numbers, dates linked to a person, photographs, recordings, contact information, or confidential institutional information.

Unless Matinee Enterprises has signed a separate written Business Associate Agreement that expressly covers the applicable use, the Service is not offered as a HIPAA business-associate service and must not be used to create, receive, maintain, or transmit protected health information on behalf of a covered entity or business associate.

You are responsible for obtaining any required permissions before entering information about colleagues, learners, organizations, or other third parties. If you submit prohibited or confidential information, you do so at your own risk and remain responsible for any resulting claims, notifications, remediation, or legal obligations.

6. Voice, Text, Transcripts, Scores, and Technical Processing

Interactive encounters may process microphone audio, transcribed speech, typed text, timing, interruption events, case selections, model responses, scores, feedback, and related technical and usage data to provide the Service. Depending on the feature and configuration, some information may be temporarily or persistently stored in your account, organization workspace, administrative records, logs, or third-party service systems.

By starting an encounter, you consent to the capture, transmission, automated processing, and analysis necessary to provide voice or text interaction, scoring, feedback, accessibility, abuse prevention, security, troubleshooting, and service improvement. Do not use an encounter where others can be recorded without notice or permission.

Internet, device, browser, microphone, speech-recognition, model, and third-party-provider limitations may affect performance. You are responsible for compatible equipment, network access, and any carrier or data charges.

7. Artificial Intelligence and Automated Outputs

The Service uses automated systems that may produce unpredictable outputs. Similar inputs may yield different responses. AI-generated content may contain errors, fabricated details, stereotypes, unsafe suggestions, offensive material, or omissions, even when the Service is designed to reduce those outcomes.

You must exercise independent judgment and verify clinically material information using authoritative sources and qualified supervision. You may not present an EncounterLab Internal Medicine output as verified clinical advice or as the opinion of Matinee Enterprises, an educator, a healthcare institution, or a licensed professional.

We may review or use de-identified, aggregated, or appropriately authorized information to evaluate reliability, safety, security, and educational quality, subject to applicable law and our disclosed practices. We do not guarantee that automated scoring will match the judgment of any particular evaluator.

8. Organization, Instructor, and Administrator Access

If your account is connected to an institution, instructor, administrator, or learner group, authorized personnel may be able to view or manage profile information, enrollment, case assignments, activity, progress, scores, reports, custom cases, messages, subscription or access status, and Terms-acceptance records. Their use of that information may also be governed by their own policies.

An organization may control or terminate organization-provided access. If your relationship with an organization ends, some records may remain available to that organization or to Matinee Enterprises as required for legitimate educational, contractual, security, audit, or legal purposes.

Custom cases and instructor-entered materials must be accurate, lawful, appropriately sourced, and free of real patient identifiers unless a separate written agreement expressly permits otherwise. The person or organization submitting custom material is responsible for it.

9. Acceptable Use

You may use the Service only for lawful educational, training, evaluation, research, or administrative purposes authorized by these Terms. You may not: (a) use the Service for actual diagnosis, treatment, triage, emergency response, or unsupervised patient care; (b) submit real patient information or confidential data; (c) harass, threaten, exploit, discriminate against, or impersonate anyone; (d) generate or distribute unlawful, abusive, deceptive, defamatory, sexually exploitative, or dangerous content; (e) bypass subscriptions, access controls, rate limits, safety measures, or usage restrictions; (f) probe, scan, test, reverse engineer, decompile, scrape, copy, frame, mirror, or extract models, prompts, source code, case libraries, or data except where law expressly permits; (g) introduce malware or interfere with the Service; (h) use automated means that create unreasonable load; (i) resell, sublicense, or commercially exploit the Service without written permission; or (j) use outputs to train or benchmark a competing product without written permission.

You may not use the Service in a manner that violates professional ethics, academic-integrity rules, sanctions, export controls, privacy laws, intellectual-property rights, or the rights of another person or organization.

We may investigate suspected misuse, preserve relevant records, restrict functionality, and cooperate with lawful requests. We are not obligated to monitor every interaction.

10. License to Use the Service

Subject to these Terms and payment of applicable fees, Matinee Enterprises grants you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Service for its intended educational purpose during your authorized access period.

The Service, software, design, interfaces, workflows, prompts, case structures, simulated-patient content, images, voices, scoring frameworks, compilations, trademarks, logos, and other materials are owned by or licensed to Matinee Enterprises and are protected by intellectual-property and other laws. Except for the limited license above, no rights are transferred to you.

“EncounterLab Internal Medicine,” its logo, and associated branding may not be used without prior written permission. Any rights not expressly granted are reserved.

11. Your Content and Feedback

You retain any ownership rights you have in content you lawfully submit. You grant Matinee Enterprises and its service providers a worldwide, nonexclusive, royalty-free license to host, reproduce, transmit, format, process, analyze, display, and otherwise use that content only as reasonably necessary to operate, secure, support, improve, and comply with law in connection with the Service.

You represent that you have all rights and permissions needed for submitted content and that its use as described will not violate law, confidentiality duties, institutional rules, or third-party rights.

If you voluntarily provide ideas, suggestions, corrections, or feedback, you grant Matinee Enterprises a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, provided we do not identify you publicly without permission.

12. Subscriptions, Automatic Renewal, Billing, and Taxes

Certain features require a paid subscription. Prices, billing intervals, included features, and any trial or promotional terms are shown at checkout or in the applicable order. Unless stated otherwise, subscriptions renew automatically for successive periods until canceled.

By purchasing, you authorize Matinee Enterprises and its payment processor to charge the payment method on file for recurring fees, applicable taxes, and authorized charges. You must keep billing information current. Payment-card information is handled by the payment processor; EncounterLab Internal Medicine may receive limited billing and subscription metadata.

You may cancel through the account’s “Manage subscription” function or another method we make available. Unless applicable law or an order states otherwise, cancellation takes effect at the end of the current paid period, access continues through that period, and fees already paid are nonrefundable and are not prorated. We may provide refunds or credits at our discretion without creating an obligation to do so in another case.

We may change pricing or subscription features prospectively. We will provide any notice required by law before a change applies to a renewal. Failed or disputed payments may result in restricted or suspended access. You are responsible for taxes other than taxes imposed on our net income.

13. Free Access, Trials, Promotions, and Complimentary Access

Public case browsing, trials, promotional access, institution-sponsored access, and complimentary access may be limited, modified, or discontinued at any time, subject to applicable law and written commitments. A trial may convert to a paid subscription if that was clearly disclosed when you enrolled.

Promotions are personal, may not be transferred or combined, and may be subject to additional terms. Abuse of a trial, promotion, or complimentary account may result in termination.

14. Third-Party Services

The Service depends on third-party hosting, artificial-intelligence, speech, authentication, analytics, communications, and payment services. Your use may involve transmission of data to those providers and may be subject to their terms and privacy practices.

We do not control and are not responsible for third-party services, websites, outages, content, security, changes, or acts. References or links do not constitute endorsement. Third-party failures may make some or all of the Service unavailable.

15. Privacy and Security

We use administrative, technical, and organizational measures intended to protect the Service and information, but no system, transmission, or storage method is completely secure. You accept the inherent risks of online services and must use appropriate safeguards.

We may collect and use account, subscription, usage, device, support, encounter, progress, and audit information to operate the Service, maintain records, prevent fraud and abuse, comply with law, and enforce these Terms. We may retain records for as long as reasonably necessary for those purposes, subject to applicable law and contractual obligations.

These Terms do not replace any separate privacy notice presented by EncounterLab Internal Medicine. If a separate privacy notice conflicts with these Terms about personal-information practices, the privacy notice controls for that subject. You should not use the Service if you do not agree to the applicable data practices.

16. Service Changes, Availability, and Beta Features

We may add, modify, suspend, or discontinue features, cases, models, voices, scoring methods, integrations, limits, or the Service as a whole. We do not promise uninterrupted, timely, error-free, secure, or permanently available service, and we are not liable for maintenance, outages, data loss, provider changes, or discontinuation except as required by law or a written agreement.

Beta, preview, experimental, or newly released features may be incomplete and may change without notice. They are provided for evaluation and may have additional limitations.

17. Suspension and Termination

You may stop using the Service at any time. We may restrict, suspend, or terminate access, remove content, or decline renewal if you violate these Terms, create risk or legal exposure, fail to pay, misuse the Service, threaten security, or if continued operation is not commercially or technically feasible.

Where reasonably practicable, we may provide notice and an opportunity to cure, but we may act immediately when necessary. Termination does not eliminate accrued payment obligations or provisions that by their nature should survive, including ownership, disclaimers, liability limits, indemnity, disputes, and recordkeeping.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, OUTPUTS, CASES, IMAGES, VOICES, SCORES, REPORTS, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

MATINEE ENTERPRISES DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; IMPROVE PERFORMANCE; PRODUCE A PARTICULAR EDUCATIONAL, CLINICAL, EMPLOYMENT, LICENSURE, OR EXAM RESULT; BE FREE OF BIAS, HARMFUL CONTENT, VIRUSES, OR ERRORS; OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AND RELY ON ANY OUTPUT AT YOUR OWN RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MATINEE ENTERPRISES AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR OPPORTUNITY; PERSONAL OR PROFESSIONAL DECISIONS; CLINICAL OR EDUCATIONAL OUTCOMES; OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE MATINEE ENTERPRISES PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID DIRECTLY TO MATINEE ENTERPRISES FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and cap apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not exclude liability that cannot lawfully be excluded, such as liability for fraud, willful misconduct, or other liability that applicable law requires. Some jurisdictions do not allow certain exclusions, so portions may not apply to you.

20. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Matinee Enterprises parties from claims, demands, proceedings, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising out of or relating to: (a) your use or misuse of the Service; (b) your content; (c) your violation of these Terms or law; (d) actual patient care or decisions; (e) disclosure of protected, confidential, or personal information; (f) infringement or violation of another’s rights; or (g) use of your account by an authorized or unauthorized person resulting from your failure to safeguard it.

We may control the defense and settlement of an indemnified matter. You will cooperate and may not settle in a manner that admits fault by or imposes obligations on a Matinee Enterprises party without written consent. This section does not require a consumer to indemnify us to the extent prohibited by applicable law.

21. Informal Dispute Resolution

Before filing a claim, you and Matinee Enterprises agree to attempt in good faith to resolve it informally for at least 30 days. A notice must describe the claimant, account email, facts, requested relief, and a reasonable calculation of any amount claimed. Send notices to admin@encounterlab.org with the subject “Legal Dispute Notice.”

The limitations period and filing deadlines are tolled during the 30-day informal process to the extent permitted by law.

22. Binding Individual Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Except for an eligible individual small-claims action, a request for temporary or preliminary injunctive relief concerning unauthorized access or intellectual-property misuse, or a claim that applicable law does not permit to be arbitrated, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis under the U.S. Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms. It may be conducted by video, telephone, documents, or in person at a reasonably convenient location. The arbitrator may award the same individual remedies a court could award, but may not consolidate claims or preside over a class, collective, coordinated, consolidated, or representative proceeding except to the extent non-waivable law requires otherwise.

YOU AND MATINEE ENTERPRISES EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION. If the class-action waiver is found unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after the remaining arbitrable matters are completed, unless applicable law requires a different result.

You may opt out of this arbitration section by emailing admin@encounterlab.org within 30 days after your first acceptance of these Terms. Use the subject “Arbitration Opt-Out” and include your full name, account email, and an unambiguous statement that you opt out of binding arbitration. Opting out will not affect access to the Service or the other Terms.

If you reside outside the United States or applicable law prevents this arbitration provision from applying, disputes will be resolved in the courts identified in Section 23, subject to any mandatory consumer rights.

23. Governing Law and Permitted Court Proceedings

The Federal Arbitration Act governs Section 22. For matters not governed by federal law, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules, except that mandatory consumer-protection law in your place of residence may apply.

Any court proceeding permitted under these Terms must be brought exclusively in a state or federal court located in Pennsylvania, and each party consents to personal jurisdiction and venue there, unless applicable law requires another forum.

24. Electronic Communications and Records

You consent to receive agreements, disclosures, notices, receipts, subscription communications, and other records electronically, including through the Service or by email. Your electronic acceptance has the same effect as a handwritten signature to the extent permitted by law.

You are responsible for keeping your email current and retaining copies of records you need. We may retain an audit record of your acceptance, including your account identifier, Terms version, date and time, and technical information reasonably necessary to document assent.

25. Changes to These Terms

We may update these Terms to reflect changes in the Service, law, risk, or business practices. The updated version will state a new effective date. When we determine a change is material, we may require you to review and affirmatively accept the new version before another interactive encounter or other continued use.

Changes apply prospectively when posted or accepted, as stated. If you do not agree to revised Terms, you must stop using affected features and cancel any subscription before the next renewal.

26. General Terms

These Terms and any applicable order or incorporated policy are the entire agreement about the Service and supersede prior or contemporaneous discussions on that subject. Additional written terms may apply to an institution or feature; if they conflict, the signed institutional agreement controls for that institution to the extent of the conflict.

If a provision is unenforceable, it will be enforced to the greatest lawful extent and the remainder will continue. A failure to enforce is not a waiver. You may not assign these Terms without written consent; Matinee Enterprises may assign them in connection with a merger, financing, reorganization, sale, or transfer of the Service or business. We are not liable for delay or failure caused by events beyond reasonable control.

Headings are for convenience. “Including” means “including without limitation.” Sections that should survive termination will survive.

27. Contact

Questions about these Terms, account access, subscriptions, or the Service may be sent to admin@encounterlab.org. Legal notices must follow Sections 21 and 22 where applicable.

EncounterLab Internal Medicine is operated by Matinee Enterprises.