Foresight Terms of Service

By accessing or using the Service, or by clicking to accept these Terms where that option is presented, you agree to be bound by these Terms and by any additional policies referenced here, including our Privacy Policy. If you use the Service on behalf of an institution, program, employer, or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers both to you individually and to that organization.

If you do not agree to these Terms, you may not access or use the Service.

Foresight is a web platform for Emergency Medical Services (EMS) education. It provides tools that allow instructors and programs to:

• Author NREMT-format assessment items, including technology-enhanced item types;
• Deliver exams to their own students; and
• View cohort-level analytics on assessment results and performance.

Foresight is an authoring, delivery, and analytics tool only. It does not provide medical advice, clinical decision support, certification, licensure, or any guarantee of examination results.

Exam content on the Service uses fictional patient vignettes only. Foresight is not designed to receive, store, or process Protected Health Information (PHI), and you must not upload PHI or other clinical patient records to the Service. Because the Service does not process PHI, the Health Insurance Portability and Accountability Act (HIPAA) does not apply to normal use of the Service, and no Business Associate Agreement is required or offered.

The Service is early-stage and provided on an evolving basis. We may add, change, suspend, or discontinue features at any time.

To use the Service, you must be able to form a binding contract and must not be barred from using the Service under applicable law. Instructor and administrative accounts are intended for use by EMS instructors, programs, institutions, and their authorized personnel.

Account types. The Service supports different roles, including instructor/administrator accounts and student accounts. Instructor and institutional users are responsible for the accounts they create or invite, and for the activity that occurs under those accounts. Student accounts are typically created or enabled in connection with an institution's or instructor's use of the Service.

Account information. You agree to provide accurate and complete information when creating an account and to keep it current. Account information may include your name, email address, and institution or role.

Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly at info@foresight911.com if you suspect any unauthorized access to or use of your account. We are not liable for any loss arising from unauthorized use of your credentials that results from your failure to safeguard them.

Minors and students. Where an institution uses the Service with students who are minors, the institution is responsible for obtaining any parental or guardian consent required by applicable law and for its own compliance obligations. Additional terms concerning student data are described in Section 11.

Your content. As between you and us, instructors, programs, and institutions retain ownership of the assessment items and other content they create, upload, or author using the Service ("Instructor Content"). We do not claim ownership of your Instructor Content.

License to us. You grant Ibis SaaS Holdings LLC a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and transmit your Instructor Content solely as necessary to provide, maintain, secure, and support the Service for you and for the students and users you authorize. This license exists only to operate the Service and ends when the relevant Instructor Content is deleted from the Service, except for residual copies retained in routine backups for a limited period and any copies you have shared with other users through the Service.

Your responsibilities. You represent that you have the necessary rights to your Instructor Content and that it does not infringe the rights of any third party or violate any law. You are responsible for the accuracy, quality, and legality of your Instructor Content, including the correctness of assessment items and answer keys.

Feedback. If you send us suggestions or feedback about the Service, you grant us a non-exclusive, perpetual, royalty-free license to use that feedback without obligation to you.

The Service, including its software, design, user interface, text, graphics, logos, and the "Foresight" name and brand, and all related intellectual property, is owned by Ibis SaaS Holdings LLC or its licensors and is protected by intellectual property and other laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in and to the Service.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended educational purpose. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Service, except to the extent that restriction is prohibited by applicable law.

Aggregate and analytics data. We may generate and use de-identified and aggregated data derived from use of the Service to operate, secure, analyze, and improve the Service, provided that such data does not identify you, any student, or any institution.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not permit others to:

• Upload Protected Health Information (PHI) or actual patient records to the Service;
• Use the Service to violate any law, regulation, or third-party right, including intellectual property, privacy, or student-privacy rights;
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service;
• Interfere with, disrupt, or place undue load on the Service or its infrastructure, including through scraping, automated data extraction not expressly permitted, or denial-of-service activity;
• Circumvent or attempt to circumvent security, authentication, tenant-isolation, or exam-integrity controls, including attempting to access answer keys, other institutions' data, or scoring mechanisms;
• Reverse engineer, decompile, or disassemble the Service except as permitted by law;
• Upload malware or any code intended to harm, disable, or gain unauthorized access to any system or data; or
• Use the Service to develop or train a competing product, or resell or sublicense the Service, without our prior written consent.

We may investigate suspected violations and may suspend or terminate access in accordance with Section 12. You are responsible for ensuring that the students and users you authorize also comply with these Terms.

The Service relies on third-party providers ("subprocessors") to operate. These currently include: Supabase and Vercel for hosting, database, authentication, and file storage; Resend for transactional email; and OpenAI and Anthropic for AI-assisted item generation and refinement. We treat these providers as United States entities with United States data residency. A current subprocessor list is maintained on our compliance disclosures and is updated within 30 days of any change.

AI features. Certain features let an instructor generate or refine assessment items with the assistance of third-party AI models operated by OpenAI and Anthropic. AI is invoked only when an instructor initiates it, and only the instructor's topic and prompt inputs are sent to the AI provider for that purpose. Student assessment responses are not sent to AI providers and are not used to train AI models.

AI outputs may contain errors and require instructor review. Instructors are responsible for reviewing, editing, and verifying any AI-assisted content, including the correctness of items and answer keys, before use. We do not warrant the accuracy, completeness, or suitability of AI-generated output.

Your use of any third-party service accessed through the Service may also be subject to that provider's terms. We are not responsible for third-party services we do not control, except as required by our agreements with those providers or by applicable law.

Some features of the Service may be offered free of charge, and others may require payment of fees. Where fees apply, they will be described at the point of purchase or in a separate order, subscription, or written agreement.

Payment processing. Any payments are handled by Stripe, a third-party payment processor. Foresight does not store payment-card data. Your use of payment features may be subject to the processor's terms and privacy practices.

Billing terms. Unless a separate written agreement provides otherwise, fees are billed in advance for the applicable subscription period, are stated exclusive of taxes, and are non-refundable except as required by law or as expressly stated in an applicable order. We may change our fees on a prospective basis; changes will not affect a paid subscription period already in effect. If any amount is not paid when due, we may suspend the paid features of the Service after reasonable notice.

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of harmful components. Because Foresight is an early-stage product, functionality and availability may change.

No guarantee of outcomes. Foresight is an educational authoring, delivery, and analytics tool. We do not guarantee any examination result, pass rate, NREMT outcome, certification, accreditation result, or educational or employment outcome. Assessment content, scoring, and answer keys are the responsibility of the instructors and institutions who create and administer them.

Not professional or medical advice. The Service and its content are for education and assessment only and do not constitute medical, clinical, legal, or professional advice.

To the fullest extent permitted by law, in no event will Ibis SaaS Holdings LLC or its members, officers, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amounts you actually paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

Foresight does not sell student data.

Student educational records. For institutional use, Foresight is designed to operate under the "school official" exception to the Family Educational Rights and Privacy Act (FERPA), 34 CFR § 99.31(a)(1)(i)(B), once an institution designates Foresight as a school official in a signed Data Processing Agreement (DPA). Foresight does not currently claim to operate as a school official in the absence of such a designation; that arrangement takes effect only when an institution and Foresight execute a DPA that establishes it. A standard DPA is available on request, and we also accept reasonable customer DPA terms.

Institutional responsibilities. The institution acts as the party responsible for its students' education records and is responsible for its own obligations under FERPA and applicable state student-privacy laws, including determining the lawful basis for sharing student information with the Service and obtaining any consents required by law.

Data handling. Data collected through the Service may include account information (name, email, institution or role), assessment responses, timing and usage data, and performance metrics. The Service is not designed to collect PHI. Additional details on data handling are described in our Privacy Policy and in the applicable DPA, which controls in the event of a conflict with these Terms as to student data.

Marketing-page analytics. Our public marketing pages use Google Analytics 4 with IP anonymization and advertising signals disabled. These analytics do not load on the instructor or student application pages of the Service.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Ibis SaaS Holdings LLC and its members, officers, and employees from and against any third-party claims, damages, liabilities, losses, and reasonable costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Instructor Content or other content you submit; (b) your use of the Service in violation of these Terms or applicable law; (c) your upload of any prohibited data, including PHI; or (d) your violation of any third-party right.

We will provide you with reasonable notice of any claim subject to indemnification and reasonable cooperation, at your expense. This section does not apply to the extent a claim arises from our own gross negligence or willful misconduct, or where such indemnification is prohibited by applicable law.

These Terms apply for as long as you use the Service. You may stop using the Service and close your account at any time.

We may suspend or terminate your access to the Service, in whole or in part, if you materially breach these Terms, if we reasonably believe your use poses a security or legal risk, or as otherwise reasonably necessary to operate the Service. Where practicable and not prohibited, we will provide notice before suspension or termination.

Effect of termination. Upon termination, your right to access the Service ends. Where an institution has a DPA with us, data return, export, and deletion are governed by that DPA. Provisions that by their nature should survive termination will survive, including Sections 4 (as to the license grant's scope and your representations), 5, 9, 10, 12, 14, and 15.

Early-stage notice. Because Foresight is early-stage, we may modify or discontinue the Service or features. Where institutional data is involved, our data-continuity commitments are addressed in the applicable DPA.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms with a new effective date or by emailing the address associated with your account. Changes take effect when posted unless otherwise stated.

Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service. Where an institution has a separate written agreement or DPA with us, changes to these Terms do not override the terms of that agreement to the extent they conflict.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the paragraph below, you and we agree that the state and federal courts located in Florida will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.

Before filing any formal claim, you agree to contact us at info@foresight911.com and attempt in good faith to resolve the dispute informally. This governing-law and venue provision does not apply where an institution's separate written agreement or DPA specifies a different governing law or dispute-resolution process, in which case that agreement controls.

Nothing in this section limits either party's ability to seek injunctive or equitable relief for actual or threatened infringement or misuse of intellectual property or confidential information.

These Terms, together with any policies referenced here and any separate written agreement or DPA between you and us, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

If any provision of these Terms is held to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. 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, subject to any notice obligations in an applicable DPA. There are no third-party beneficiaries to these Terms except as expressly stated.

Foresight is a product of Ibis SaaS Holdings LLC.

For questions about these Terms or the Service, contact us at info@foresight911.com.