Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and St Andrews Medical Innovations Limited (trading as SimPatient), a company registered in Scotland (SC705314) ("SimPatient", "we", "us", "our"), and govern your use of:

• The SimPatient marketing website at simpatient.co.uk
• The SimPatient application at app.simpatient.co.uk
• Any associated services, APIs, documentation, and communications (together, the "Service")

By creating an account, accepting an invitation, or otherwise using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organisation (such as a university, NHS trust, medical school, or other institution), you confirm that you have authority to bind that organisation to these Terms, and "you" includes that organisation.

SimPatient provides an AI-powered medical training simulation platform. Learners practise clinical communication skills with virtual patients across three modes:

• Chat mode: text-based conversations
• Audio mode: voice conversations with text-to-speech responses
• Video mode: real-time conversations with streaming avatars

The Service also provides reflection prompts, AI-generated feedback, progress tracking, and organisation-level administration tools.

AI-generated outputs are simulations. They are produced by large language models and associated technologies, may contain errors or omissions, and must not be relied upon for clinical care. No doctor-patient relationship is created by your use of the Service.

All patient personas on the Service are simulated. You are at all times interacting with artificial intelligence, not a real patient, tutor, or clinician. Avatars, voices, and personas are synthetic.

To use the Service as an individual, you must be at least 18 years old. Where a younger learner uses the Service under institutional supervision, the institution is responsible for ensuring any necessary parental or guardian consent is in place.

You must provide accurate, current, and complete information when creating an account, and keep that information up to date. You are responsible for safeguarding your password and for any activity that occurs under your account. You must notify us immediately at hello@simpatient.co.uk if you suspect your account has been compromised.

The Service supports three user roles:

• Learner (user): practises with simulated patients
• Organisation administrator (org_admin): manages learners, invitations, and credits within their organisation
• Super administrator (super_admin): SimPatient personnel with elevated access for support and operations

Access rights differ by role. You agree not to attempt to access functions or data beyond your assigned role.

Where your account was created through an institutional invitation, your institution may have additional rights in relation to your account, including the right to:

• View your simulation history and feedback for educational purposes
• Reassign, suspend, or remove your access
• Apply credit limits or usage policies

The relationship between you and your institution is governed separately by your institution's own policies.

You agree that you will not:

• Use the Service in any way that breaches applicable law (including UK GDPR, the Data Protection Act 2018, and the Computer Misuse Act 1990).
• Enter real patient data or any third party's personal data into the Service.
• Use the Service for real clinical decision-making, diagnosis, triage, or treatment of real patients.
• Attempt to reverse-engineer, decompile, or extract model weights, prompts, or other proprietary components of the Service.
• Attempt to circumvent any security, authentication, rate-limit, or credit-enforcement mechanism.
• Use automated means (bots, scrapers) to access the Service, except as expressly permitted by an API agreement with us.
• Upload or submit malicious code, malware, or content designed to disrupt the Service or any other user.
• Use the Service to generate content that is unlawful, defamatory, obscene, discriminatory, or intended to harass any person.
• Use the Service to generate exam answers, academic coursework, or any output represented to an educational institution as your own work, where that would breach your institution's academic integrity policy.
• Use the Service to train, benchmark, or otherwise improve a competing AI product.
• Resell, sublicense, or commercially redistribute the Service without our prior written consent.
• Use the Service to impersonate another person, organisation, or SimPatient itself.

We may suspend or terminate your access immediately if we reasonably believe you have breached any of the above.

The Service, including its software, design, branding, patient personas, system prompts, scoring rubrics, documentation, and all underlying intellectual property, is owned by St Andrews Medical Innovations Limited (trading as SimPatient) or our licensors and is protected by copyright, trade mark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended educational purpose, subject to these Terms.

"Your Content" means the inputs you submit to the Service (typed messages, voice input, reflections) and the outputs generated in response to those inputs that are specific to your session.

You retain all rights you have in Your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and process Your Content solely for the purpose of:

• Operating and providing the Service to you
• Maintaining security and preventing abuse
• Complying with legal obligations
• Producing anonymised, aggregated analytics that do not identify you

If you send us ideas, suggestions, or feedback about the Service (separately from Your Content), you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation.

Patient avatars, voices, and personas presented on the Service are synthetic and licensed to SimPatient from our sub-processors. You have no ownership or likeness rights in any avatar, voice, or persona and may not extract, copy, or reuse them outside the Service.

The Service uses third-party AI models to generate simulated patient responses, voices, video, and educational feedback. AI outputs:

• May be inaccurate, inconsistent, biased, or incomplete
• May not be unique to you (similar inputs can produce similar outputs for different users)
• Are not clinical advice and must not be used as such
• Are provided "as is"

We may change, add, or replace the underlying AI providers or models used to deliver the Service at any time, with or without notice. We are not obliged to maintain any particular model, voice, or avatar.

You are responsible for critically evaluating any AI output before acting on it, and for complying with the acceptable use policies of any AI sub-processor whose outputs you receive through the Service (including OpenAI, ElevenLabs, and Anam.ai).

Use of the Service consumes credits. Credits may be:

• Held by an individual user
• Held in an organisational pool managed by an organisation administrator
• Subject to individual or organisational limits

The credit system, balances, transactions, and limits are recorded in the Service and are the authoritative record.

Credits have no cash value, are not refundable except as required by law or expressly stated in a separate commercial agreement, and cannot be transferred or exchanged outside the Service.

Where a separate commercial agreement is in place between SimPatient and your institution, billing terms are governed by that agreement. Where you purchase credits as an individual, the purchase terms presented at checkout apply.

If you are a consumer purchasing as an individual (and not on behalf of an organisation), you normally have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of purchase and receive a refund.

Because the Service is digital content and online services that we make available immediately, we ask you at checkout to expressly consent to immediate performance and to acknowledge that, to the extent you use the Service during the 14-day period, you lose the right to cancel for the part performed. Where you have given that consent and begun using the Service, your right to cancel ends; where you have not yet used the Service, you may still cancel within 14 days for a full refund. Nothing in these Terms removes any cancellation or refund right you have that cannot be excluded by law.

Our collection and use of personal data is described in our Privacy Policy, available at simpatient.co.uk/privacy. By using the Service, you acknowledge that you have read the Privacy Policy.

Where SimPatient acts as a Processor of personal data on behalf of an institution, the Data Processing Agreement between SimPatient and that institution applies. A standard-form Data Processing Agreement is available at simpatient.co.uk/dpa.

All customer personal data is processed on EU / UK infrastructure. We do not transfer your personal data outside the EU/UK in identifiable form.

We will use reasonable efforts to keep the Service available, but we do not guarantee uninterrupted access. The Service may be unavailable for:

• Scheduled maintenance
• Emergency repairs
• Issues with third-party providers outside our control
• Force majeure events

We may modify, add, or remove features at any time. Where a change materially reduces the functionality of a paid service, we will notify institutional customers in accordance with their agreement.

You may stop using the Service and delete your account at any time by emailing hello@simpatient.co.uk or using the in-app deletion function (where available).

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms, including the acceptable use provisions in clause 4
• Your institution instructs us to do so
• We are required to do so by law, court order, or regulator
• Continued provision of the Service to you poses a security or legal risk to us or other users

On termination:

• Your right to access the Service ends
• We will delete or return your personal data in accordance with the Privacy Policy and any applicable Data Processing Agreement
• Clauses that by their nature should survive termination will survive (including IP, liability, indemnity, and governing law)

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory.
• We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or harmful components.
• We do not warrant that AI outputs will be accurate, complete, reliable, fit for any particular purpose, or non-infringing.
• We do not warrant that use of the Service will meet your educational, accreditation, or professional requirements.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

Subject to clause 11, and (where you are a consumer) subject to the paragraph at the end of this clause:

• We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you arising out of or in connection with these Terms, the Service, or any related matter, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of:
• The total fees paid by you to SimPatient in the twelve (12) months immediately preceding the event giving rise to the claim; or
• £100, where no fees have been paid.

The exclusions and the cap in this clause apply primarily to business customers and, between us and a business customer, you agree they are reasonable given the nature of the Service and its educational purpose.

If you are a consumer, nothing in these Terms excludes or limits our liability where it would be unfair to do so under the Consumer Rights Act 2015, or otherwise excludes or limits any liability that cannot lawfully be excluded or limited against a consumer. In particular, we remain responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, and your statutory rights as a consumer (including in relation to digital content and services) are not affected.

You agree to indemnify and hold harmless SimPatient, its officers, employees, and sub-processors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your introduction of real patient data or any third party's personal data into the Service
• Your misuse of AI outputs (including any clinical use)
• Your infringement of any third-party right

The Service integrates with third-party providers (including Google Cloud, OpenAI, ElevenLabs, Anam.ai, Resend, Userback, and Vercel). Your use of the Service is also subject to the acceptable use policies of those providers where they flow through to end-users. We are not responsible for third-party services we do not operate.

Where you receive non-public information from us marked or reasonably understood to be confidential (including pricing, product roadmap, and security architecture details), you must keep it confidential and use it only for the purposes of these Terms, for as long as it remains non-public.

We may update these Terms from time to time. When we make material changes, we will:

• Publish the updated Terms at simpatient.co.uk/terms and app.simpatient.co.uk/terms
• Update the "Effective date" and version number
• Notify registered users by email or in-app notification

Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms.

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the laws of Scotland.

You and we agree that the courts of Scotland have exclusive jurisdiction to settle any such dispute or claim.

If you are a consumer resident in the UK or the EEA, you retain the benefit of any mandatory consumer-protection laws of your country of residence.

• Entire agreement: These Terms, together with the Privacy Policy and any applicable Data Processing Agreement or commercial order form, constitute the entire agreement between you and us in relation to the Service.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
• No waiver: A failure by us to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No third-party rights: No one other than you and us has any right to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.
• Notices: Notices to us must be sent to hello@simpatient.co.uk. Notices to you may be sent by email or via the Service.

Questions about these Terms can be sent to us using the details below.