Terms of Service
Last updated: June 21, 2026
These Terms of Service (“Terms”) govern your access to and use of SmartPass AI(“SmartPass,” “we,” “us,” or “our”), available at smartpassnursing.com and related applications (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
SmartPass is an online study platform offering practice questions, rationales, flashcards, readiness analytics, an AI tutor, and related tools for the NCLEX-RN® and the Philippine Nurse Licensure Examination (PNLE). The Service is a study aid and is nota substitute for accredited nursing education, clinical training, or official review programs. NCLEX-RN® is a registered trademark of the National Council of State Boards of Nursing; we are independent and not affiliated with or endorsed by any licensing body.
2. Eligibility & Accounts
- You must be at least 13 years old (or the minimum age in your jurisdiction) to use the Service.
- You agree to provide accurate information and to keep your account credentials secure.
- You are responsible for all activity that occurs under your account.
3. Subscriptions, Trials & Billing
- We offer a free tier and paid “Pro” plans (billed in USD for NCLEX-RN and in Philippine pesos for PNLE).
- The PNLE Pro plan includes a 7-day free trial; unless you cancel before the trial ends, your selected plan begins and the applicable fee is charged.
- Paid plans auto-renew at the end of each billing period until you cancel. You can cancel anytime; cancellation takes effect at the end of the current period.
- Except where required by law, payments are non-refundable. Prices may change with notice for future billing periods.
4. Pass Guarantee
Any “pass guarantee” we advertise applies only if you meet its stated conditions (for example, completing your study plan and meeting readiness targets within the eligibility window). Where conditions are met and you do not pass, the guarantee remedy described at the time of purchase (such as a refund or extension) applies. The guarantee is not a promise of any individual exam outcome.
5. Acceptable Use
You agree not to:
- Share, resell, or sublicense your account or our content, or use it for any commercial purpose.
- Copy, scrape, redistribute, or create derivative works from our question bank or materials.
- Reverse engineer, disrupt, or attempt to gain unauthorized access to the Service.
- Upload unlawful, infringing, or harmful content, or violate any applicable exam or institutional integrity rules.
6. Intellectual Property & Your Content
The Service and its content (questions, rationales, software, and design) are owned by SmartPass or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service for your own exam preparation.
You retain ownership of content you create or upload (such as notes and files). You grant us a license to host, store, and display that content solely to operate the Service for you. You are responsible for ensuring you have the rights to any content you upload.
7. AI & Educational Disclaimer
AI-generated explanations and other content may contain errors or omissions and should be independently verified. All content is for educational purposes only and does not constitute medical, clinical, legal, or professional advice, and must not be used to guide patient care. Always rely on authoritative sources and qualified instructors.
8. Third-Party Content & Links
The Service may surface third-party content (for example, educational videos hosted on YouTube) and links. We do not control and are not responsible for third-party content, which is subject to those parties’ own terms.
9. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will result in passing any examination.
10. Limitation of Liability
To the maximum extent permitted by law, SmartPass and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the 12 months before the claim.
11. Indemnification
You agree to indemnify and hold harmless SmartPass from claims, damages, and expenses arising out of your use of the Service or your violation of these Terms.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or to protect the Service. Provisions that by their nature should survive termination will survive.
13. Governing Law
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-laws rules. Disputes will be subject to the courts located in the Philippines, unless otherwise required by applicable consumer-protection law.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted here with a new “Last updated” date; your continued use of the Service after changes take effect constitutes acceptance.
15. Contact Us
Questions about these Terms? Email us at support@smartpassnursing.com.