PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THEY SET FORTH MANDATORY CONDITIONS RELATED TO YOUR USE OF OUR PLATFORM AND INFORMATION ABOUT YOUR LEGAL RIGHTS. FOR USERS EIGHTEEN YEARS OF AGE OR OLDER, THESE TERMS INCLUDE AN ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE DISPUTE RESOLUTION SECTION. THAT PROVISION DOES NOT APPLY TO LEARNERS UNDER EIGHTEEN OR TO THEIR PARENTS OR GUARDIANS.
IF YOU DO NOT UNDERSTAND ANY PART OF THESE TERMS, PLEASE CONTACT US AT support@whitecoatai.com BEFORE USING OUR PLATFORM.
These terms of use are entered into by and between you and Whitecoat Technologies, Inc. (“Whitecoat,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or simply “Terms”) govern your access to and use of www.whitecoatai.com (the “Website”), including any content, functionality, and services offered on or through the Whitecoat Learning Platform application (“Whitecoat Platform” or “Platform”), your communications with us, and other products and services we may offer in the future (collectively, the “Services”).
Please read these Terms carefully before you start to use our Services. By using our Services, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use our Services.
You will normally reach the Platform through an organization that contracts with us — a university, school, school district, learning program, health system, or health care organization (each a “Program”). If you access the Services on behalf of a Program, you represent and warrant that you are authorized to act for that Program and to bind it to these Terms (a “Program Representative”). An individual who uses the Platform as a learner through a Program is a “Program User.” A Program Representative and a Program User are each a “User” (or “you”).
Your Program’s agreement with us may contain additional or different terms. Where those terms conflict with these Terms as to information covered by that agreement, your Program’s agreement governs. See Relationship to Program Agreements below.
The Services are available to:
We do not offer the Services to children under thirteen (13) years of age. A Program must not enroll a learner under thirteen (13) without a separate written agreement with us addressing the Children’s Online Privacy Protection Act.
The Services are offered to Users who reside in the United States or any of its territories. By using our Services you represent that you meet the eligibility requirements in this section and, if you are eighteen (18) or older, that you are of legal age to form a binding contract with us.
A learner under eighteen (18) years of age is a “Minor User.” This section describes how the Platform works for Minor Users and for the parents and guardians who make decisions for them.
A parent or legal guardian must accept these Terms on behalf of a Minor User before the Minor User accesses the Services. By accepting, the parent or guardian represents that they are the parent or legal guardian of that learner, agrees to these Terms both in their own capacity and on the learner’s behalf, and agrees that the learner will use the Services in accordance with these Terms. A Program may collect that acceptance and transmit it to us on the parent’s or guardian’s behalf.
While a learner is a Minor User, the parent or legal guardian exercises the rights described in these Terms with respect to that learner’s information, including any decision to share information with a prospective employer, accreditation body, or licensing body. This follows the Family Educational Rights and Privacy Act, under which a parent’s rights transfer to the student when the student turns eighteen (18) or enrolls in a postsecondary institution.
We think learners should understand what is being shared about them. Where a parent or guardian has authorized sharing, the Platform makes visible to the learner, on a read-only basis, what has been shared and with whom. Where that record is not available in the Platform, we will make it available to the learner on request. A learner’s agreement is not a substitute for the parent’s or guardian’s consent, and the parent’s or guardian’s decision controls.
When a Minor User reaches eighteen (18) years of age, or enrolls in a postsecondary institution, the rights described in these Terms transfer to that learner. Any sharing consent previously given by a parent or guardian remains in effect until the learner changes it, and the learner may review, change, or withdraw it at any time in account settings.
A parent or guardian may contact their Program, or write to us at support@whitecoatai.com, with any question about a Minor User’s information.
We may update these Terms from time to time in our discretion. We will post the updated Terms with a new version number and effective date. Where a change materially affects your rights or how we handle your information, we will give notice through the Platform before the change takes effect. Your continued use of the Services after the effective date means you accept the updated Terms.
Where your Program has an agreement with us, that agreement governs the effect of any change to these Terms on your Program.
Changes to the Dispute Resolution section do not apply to any dispute of which we had notice on or before the date the change was posted.
To access the Platform you must provide certain registration details. It is a condition of your use of the Platform that the information you provide is correct, current, and complete. Registration information you provide is governed by our Privacy Policy.
Only you may access the Services through your account. You are responsible for activity that occurs under your account. Your credentials are for your use alone and must not be shared, distributed, or made available to any other person. You may not use a false identity, impersonate another person, or use credentials you are not authorized to use. Please tell us immediately at support@whitecoatai.com if you suspect your login has been lost, stolen, or used without your permission.
We may disable any username, password, or other identifier where we reasonably believe it has been compromised, where you have violated these Terms, or where your Program directs us to do so.
As a Program Representative, you have access to the Services through your Program’s contract with us. Whitecoat is a service provider to your Program.
Program Representatives are responsible for:
To the extent required by applicable law, Program Representatives agree to:
Use of the Platform in violation of these responsibilities may result in suspension of access.
A Program Representative is responsible for using the Services in compliance with the laws that apply to it and its Program Users, including the Family Educational Rights and Privacy Act (“FERPA”), the Fair Credit Reporting Act, and, where applicable, the Health Insurance Portability and Accountability Act (“HIPAA”) and state student data privacy laws. The Program grants us permission to store, process, and manage information the Program provides to us, or directs a third party to provide to us, in order to deliver the Services.
If your Program is subject to FERPA, you acknowledge that Whitecoat acts as a “school official” with a legitimate educational interest under 34 C.F.R. § 99.31(a)(1)(i)(B), performing a function the Program would otherwise perform using its own employees; that your contract with us covers the maintenance of information about learners in your Program; and that, if required by law or policy, you have identified Whitecoat as one of your contractors in your annual FERPA notification.
The Platform is not designed to receive protected health information, and we ask Programs and Users not to transmit PHI to it. Where a Program is a Covered Entity or Business Associate under HIPAA and PHI will nonetheless be created, received, maintained, or transmitted by us on the Program’s behalf, we will execute a Business Associate Agreement before that occurs and will comply with it. We maintain a Business Associate Addendum with our cloud infrastructure provider.
Your Program controls the scope and duration of the Services available to you, and your access continues until your Program’s agreement with us ends, except as described under After your program ends below. Whitecoat is a service provider to your Program. We have no control over your education, training, rotations, credentials, or other outcomes related to your use of the Services.
If you have a question about your use of the Services or about your information, contact your Program Representative or write to us at support@whitecoatai.com.
Information you enter about yourself belongs to you. That includes your profile and contact details, self-assessments and reflections, portfolio work, credentials and licensure records you upload, your curriculum vitae and employment history, and your stated career interests.
Information your Program creates about you belongs to your Program, and may also be an education record under FERPA. That includes evaluations by faculty or preceptors, competency ratings and determinations, rotation and placement assignments, and similar records. Your Program’s agreement with us describes how those records are handled.
We use your information to provide, maintain, secure, support, and troubleshoot the Platform and the Services for you and your Program. We do not sell your information, we do not use it to advertise to you, and we do not use it to build a profile about you for use outside the Services.
We will not share your information with a prospective or current employer, accreditation body, or licensing body unless you have told us to.
When you do, you name the specific organization, you select which categories of information to include, and you tell us the purpose. You can withdraw that choice at any time in your account settings. Withdrawing stops any further sharing, but we cannot retrieve information already delivered, and we will tell you so before you confirm.
If you are a Minor User, your parent or legal guardian makes this choice, as described above.
Your Program may limit which categories of information are available for sharing under its agreement with us. Where it has done so, you will see that reflected in the options available to you.
We compute statistics from information on the Platform to improve the Platform, develop new features, and produce benchmarking and research. Those statistics never describe fewer than five (5) people, never contain an individual record, and are not attributed to your Program outside your Program without its permission. We do not attempt to re-identify anyone from them.
The Platform includes AI-assisted features. We do not use your information to train, fine-tune, or improve any AI model that is available to anyone other than your Program, and no AI model provider receives or has the ability to access your information. Where we tune a model for a single Program, it serves only that Program and is deleted when that Program’s agreement with us ends.
If you have activated your own individual account, you may keep the information you entered about yourself, together with anything previously shared at your direction, in an account you control, even after your Program’s agreement with us ends. If you have not activated an individual account, your access ends as described in your Program’s agreement.
We may contact you about your account and the Services, including to tell you how to activate or keep your own account, to notify you of changes to these Terms, and to respond to your requests. These are service communications about the Services you are using. We do not use your information to market other products to you, and we do not sell your information to anyone who would.
To do the things described in this section, you grant us a non-exclusive, royalty-free license, for as long as you maintain an account with us, to store, process, and display your information to you, to your Program, and to administrators your Program authorizes; to compute aggregate statistics as described above; and to operate, maintain, secure, and improve the Services. This license ends when your account is closed, except for aggregate statistics that do not identify you and for records of consents you have given, which we retain as described in your Program’s agreement.
Where a Program serves students in kindergarten through grade twelve, the following applies to information about those students, in addition to everything else in these Terms:
For Programs in Tennessee, these commitments are intended to align with the Student Online Personal Protection Act, Tenn. Code Ann. § 49-1-708. Programs in other states may be subject to additional requirements, which we address in the Program’s agreement with us.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
A User who violates these Terms may have their account suspended or deactivated. Where we suspend or deactivate a learner’s account, we will notify the learner’s Program, and we will not delete information belonging to the Program except as that Program’s agreement provides.
Information we collect from you, from your visit to our Website and Platform, and from your use of the Services is subject to our Privacy Policy.
The Services and their contents, features, and functionality, including information, software, text, displays, images, and the design, selection, and arrangement thereof, are owned by Whitecoat, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This section does not apply to your information or to your Program’s information, which is addressed above.
Whitecoat’s name, logo, product and service names, designs, and slogans are trademarks of Whitecoat or its affiliates or licensors. You must not use them without our prior written permission. Other names, logos, and marks appearing on the Website or Platform belong to their respective owners.
You may not copy, reproduce, make derivative works from, distribute, republish, download, display, perform, transmit, record, or mirror our intellectual property without our prior written permission. You may download or print our materials for the purpose of using the Services as a resource of your Program or for your own professional use.
Information presented on or through the Website and Platform is made available for general information purposes and does not constitute medical, health care, career, employment, or other professional advice. Reliance on such information is at your own risk. We disclaim liability arising from reliance placed on such materials by you or anyone else.
The Website and Platform may include content provided by third parties, including other users, affiliates, and third-party licensors. Statements and opinions in that content are those of the person or entity providing them and do not necessarily reflect our views. We are not responsible for the content or accuracy of materials provided by third parties.
Whitecoat is based in the State of Tennessee. We provide the Website and Platform for use by persons located in the United States. We make no claim that the Website or Platform is appropriate or available for use outside the United States. If you access them from outside the United States you do so on your own initiative and are responsible for compliance with local law.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
YOUR USE OF THE WEBSITE AND PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHITECOAT NOR ANY PERSON ASSOCIATED WITH WHITECOAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR PLATFORM, OR THAT THEY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.
TO THE FULLEST EXTENT PROVIDED BY LAW, WHITECOAT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Nothing in this section limits any commitment we have made in your Program’s agreement with us, including any service level commitment or security commitment made to your Program.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WHITECOAT, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR PLATFORM, INCLUDING LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WHITECOAT’S TOTAL LIABILITY TO YOU AS AN INDIVIDUAL USER FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100). IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Where you access the Services through a Program that has an agreement with us, that agreement governs the allocation of liability between us and the Program. This section governs claims between you as an individual and us, and does not limit or reduce any right your Program has under its agreement with us.
Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Services must be commenced within one (1) year after the cause of action accrues, except where a longer period is required by law, including with respect to a claim brought by or on behalf of a Minor User.
All matters relating to these Terms and the Services, and any dispute or claim arising from or related to them, are governed by the internal laws of the State of Tennessee without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services will be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee located in Williamson County, Tennessee, and you waive objections to jurisdiction and venue in those courts.
Where a Program is a governmental or public entity whose governing law or forum is fixed by statute, that requirement controls as to that Program and its disputes with us.
This subsection applies only to a User who is eighteen (18) years of age or older and who is not acting on behalf of a Program. It does not apply to a Minor User, to a parent or guardian acting on behalf of a Minor User, to a Program, or where applicable law prohibits it.
Any controversy or claim between you and Whitecoat arising out of or relating to (i) these Terms or their breach, (ii) your access to or use of the Services, or (iii) any alleged violation of federal, state, or local law (each a “Claim”) will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Claims will be heard by a single arbitrator. Arbitration will be held in Williamson County, Tennessee, but the parties may choose whether to appear in person, by telephone, or through the submission of documents. The arbitration will be governed by the Federal Arbitration Act and by the internal laws of the State of Tennessee. Each party bears its own attorneys’ fees except where an award of fees is authorized by applicable law.
YOU AND WHITECOAT AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WHITECOAT AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
If a Claim implicates this subsection and this subsection is found invalid, unenforceable, or illegal by a court of competent jurisdiction, that Claim must be adjudicated by a court and not by an arbitrator. If any Claim is not subject to arbitration, you consent to the personal and exclusive jurisdiction of, and exclusive venue in, the state and federal courts located in Williamson County, Tennessee.
No waiver by Whitecoat of any term or condition set out in these Terms is a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.
These Terms, our Privacy Policy, and any agreement between us and your Program together govern your use of the Services and supersede all prior and contemporaneous understandings regarding the Services.
If these Terms conflict with your Program’s agreement with us as to information covered by that agreement, or as to any commitment we have made to your Program, your Program’s agreement governs. Where your Program is a governmental or public entity, any addendum required by its governing law or institutional policy governs over both these Terms and the balance of its agreement with us to the extent of any conflict.
The Website and Platform are operated by Whitecoat Technologies, Inc. in Franklin, Tennessee. Feedback, comments, requests for technical support, and other communications relating to the Website or Platform should be directed to support@whitecoatai.com or through the Contact page on our Website.