Terms of Service

Effective Date: Draft - to be set on publication

1. Agreement to Terms

By accessing or using Gestalt ("Gestalt", "we", "us", "our", or the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Gestalt Ltd. We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Eligibility

To use the Service, you must:

• Be a medical student or an individual with a legitimate educational interest in medicine
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws

If you use the Service on behalf of an organisation (such as a medical school or hospital), you represent that you have authority to bind that organisation to these Terms.

3. Educational Purpose and Medical Disclaimer

The Service is designed exclusively for educational and training purposes. All content, including structured medical knowledge, clinical scenarios, and AI-generated educational assistance where used, is intended to support medical education and exam preparation only.

3.1 No Medical Advice or Treatment

Gestalt does not provide medical advice, diagnosis, or treatment. The Service is not a licensed physician, healthcare provider, or medical professional. Nothing in the Service should be construed as professional medical advice or a substitute for consultation with a qualified healthcare provider.

3.2 Medical Knowledge and AI Limitations

While we strive to keep our medical knowledge base accurate and up to date, it is not a comprehensive repository of all clinical information. We restrict AI from generating user-facing clinical knowledge generally, but where AI-generated explanations are used, they may contain errors, omissions, or inaccuracies. You acknowledge that:

• Medical knowledge content may be incomplete, outdated, or incorrect
• AI explanations may be incomplete or incorrect
• Clinical information should always be verified against authoritative medical sources and current guidelines
• The Service does not replace the knowledge, judgment, and supervision of qualified medical educators and practitioners
• You are responsible for independently verifying any information before relying on it

3.3 Clinical Scenarios Are Simulated

All patient scenarios, OSCE simulations, and clinical cases presented in the Service are fictional and for educational purposes only.

4. Prohibited Uses

You agree not to use the Service for any of the following:

4.1 Clinical and Emergency Prohibitions

• Medical emergencies - The Service is not designed for urgent medical situations. Call emergency services for any medical emergency.
• Real patient care - Never use the Service to make clinical decisions about patients.
• Mental health crises - The Service is not equipped to handle thoughts of self-harm, suicide, or violence. Contact a mental health professional immediately if you or someone you know is in crisis.
• Diagnosis or treatment decisions - Do not use the Service as a basis for diagnosing or treating any medical condition.

4.2 Data and Privacy Prohibitions

• Real patient information - Never enter identifiable patient information, protected health information (PHI), or any data that could identify a real patient.
• Confidential medical records - Do not upload, enter, or reference actual medical records or clinical documentation.

4.3 Intellectual Property Prohibitions

• Scraping or bulk extraction - You may not use automated tools, bots, or scripts to extract, scrape, or download content from the Service.
• Reverse engineering - You may not reverse engineer, decompile, or attempt to extract the source code, algorithms, or underlying data structures of the Service.
• Competitive use - You may not use the Service to build a similar or competing product or service.
• Redistribution - You may not copy, redistribute, sell, or commercially exploit any content from the Service without prior written consent.

4.4 General Prohibitions

• Sharing your account credentials or allowing others to access your account
• Interfering with the security, availability, or integrity of the Service
• Using the Service for any unlawful purpose or in violation of any applicable laws
• Harassing, abusing, or harming other users or Gestalt personnel
• Circumventing any access controls, rate limits, or usage restrictions

5. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account information up to date
• Notify us immediately of any unauthorised access or security breach
• Log out of your account at the end of each session, especially on shared devices

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its medical knowledge base, clinical content, software, algorithms, user interface, branding, and all related intellectual property, is owned by Gestalt Ltd or its licensors. This includes, but is not limited to:

• The proprietary medical knowledge base and structured clinical content
• AI models and generated educational content
• OSCE scenarios and assessment frameworks
• User interface designs and visual elements

You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal educational purposes only.

6.2 Trademarks

"Gestalt" is a registered trademark of Gestalt Ltd in New Zealand. The Gestalt name, logo, and associated branding may not be used without our prior written consent. Nothing in these Terms grants you any right to use our trademarks, trade names, or service marks.

6.3 Your Content

You retain ownership of content you submit ("User Content"), such as notes, feedback, and learning data. By submitting User Content, you grant Gestalt a non-exclusive, worldwide, royalty-free licence to use, process, and display your User Content to provide and improve the Service.

We may use de-identified and aggregated data derived from your usage to improve our educational content and AI models. See our Privacy Policy for details.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback without restriction or compensation to you.

7. Subscription and Payment

Certain features of the Service may require a paid subscription. If you purchase a subscription:

• You agree to pay all applicable fees and taxes
• Subscriptions may renew automatically unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings
• Refunds are provided in accordance with the Consumer Guarantees Act 1993 (NZ) and other applicable law, or otherwise at our discretion

We reserve the right to change subscription pricing with reasonable notice. Price changes will not affect your current billing period.

8. Third-Party Services

The Service integrates with and relies on third-party services, including:

• AI and language model providers for generating educational content
• Speech-to-text services for transcription features
• Authentication providers (e.g., Google, Microsoft)
• Payment processors for subscription billing

Your use of these third-party services may be subject to their respective terms and privacy policies. We are not responsible for the practices of third-party service providers.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, except to the extent that such warranties cannot be excluded under New Zealand law (including the Consumer Guarantees Act 1993). To the fullest extent permitted by law, we disclaim all other warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that the Service will be uninterrupted, error-free, or secure

9.2 Limitation of Liability

To the maximum extent permitted by law, Gestalt Ltd and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your reliance on the Service for medical decisions
• Any damages resulting from unauthorised access to your account

You are responsible for safeguarding access to your account. We are not responsible for losses caused by credentials you share, fail to protect, or by device compromise outside our reasonable control.

Our total liability for any claims arising from your use of the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) two hundred and fifty New Zealand dollars (NZ$250).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law, including under the Consumer Guarantees Act 1993.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gestalt Ltd and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any content you submit to the Service

11. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without cause. Where we terminate or suspend your access without cause, we will provide at least 30 days' notice. We may suspend access immediately and without notice where necessary to protect the Service, other users, or to comply with legal obligations. Grounds for termination include, but are not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users or the Service
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Service will immediately cease.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at contact@gestalt.ac and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

12.3 Jurisdiction

Any disputes that cannot be resolved informally shall be resolved exclusively in the courts of New Zealand, and you consent to the personal jurisdiction of such courts.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gestalt Ltd regarding the Service.

13.2 Severability

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

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Changes to Terms

We may modify these Terms at any time. When we make material changes, we will:

• Update the "Effective Date" at the top of this page
• Notify you via email or through the Service for significant changes
• Provide at least 30 days' notice before material changes take effect

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. Contact Us

If you have questions about these Terms of Service, please contact us:

Gestalt Ltd

Email: contact@gestalt.ac

Support: support@gestalt.ac