These Terms of Use (the "Terms") are a binding agreement between you and Brickell Bay Group LLC governing your access to and use of the X·Sim application, websites, APIs, and related services (the "Service"). By accessing or using the Service you accept these Terms and the Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization. You must be at least 18 years old, or use the Service under the supervision of an instructor or institution that accepts these Terms on your behalf.
The Service exists solely to help EMS, nursing, medical, and allied-health learners practice rhythm recognition and monitor/defibrillator operation in a simulated environment. Nothing in the Service is medical advice, and no output of the Service may be relied upon for any clinical purpose. Simulated values are stylized for training and may be physiologically inaccurate. You are solely responsible for any decision you make, and you assume all risk arising from any use of the Service outside its intended educational purpose.
Subject to these Terms and any applicable subscription, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for lawful training and education. You may not copy, modify, distribute, sell, resell, lease, sublicense, frame, scrape, reverse engineer, decompile, or create derivative works of the Service, or use it to build a competing product, except to the extent this restriction is prohibited by applicable law. We reserve all rights not expressly granted.
Students can join sessions without an account by providing a display name. Instructors and organizations create accounts with an email address, name, organization, and password; we store this account data, a salted cryptographic hash of the password (never the password itself), subscription tier/status, and a session cookie needed to keep you signed in. Payment details are processed and stored by Stripe, our payment processor — we never see or store full card numbers. Organization admins may create instructor seat accounts for members of their organization and are responsible for those members' use. You are responsible for keeping your credentials confidential, for the accuracy of the information you provide, and for all activity under your account. Notify us promptly of any unauthorized use. We may refuse, suspend, or reclaim any account, username, or organization name.
Some features require a paid subscription. Current plans and prices are shown on our pricing page and are quoted in U.S. dollars unless stated otherwise.
We may offer free trials and promotional/discount codes. Unless stated otherwise, a free trial converts to a paid subscription and begins billing automatically when the trial ends, unless you cancel before then. Promotional codes are applied at checkout, are single-use per customer unless stated, have no cash value, cannot be combined unless we say so, and may be modified or revoked at any time (including for fraud or abuse). A discount already applied to an active subscription remains in effect for the coupon's stated duration even after the underlying code is deactivated; deactivating a code only prevents new redemptions. We may end or change any trial or promotion at any time.
Except where required by applicable law, all fees are non-refundable and we do not provide refunds or credits for partial periods, unused seats, downgrades, or unused time. If the law in your jurisdiction grants a non-waivable refund or cancellation right, nothing here limits it. Suspected fraud, chargebacks, or abuse may result in immediate termination.
Sessions may optionally use your microphone ("Call Medical Direction") and camera ("AV monitoring"). These features are off by default and activate only after your browser asks for permission and you grant it; trainees additionally receive an in-app consent prompt before any camera stream starts. Streams flow peer-to-peer between participants and are not recorded or stored by the Service. Do not enable audio/video in any manner that violates the privacy or rights of others; obtain the consent of everyone who may be captured. Recording a session using outside software is solely the recording party's responsibility and may require all-party consent under applicable law.
The Service can generate completion certificates and debrief reports as a convenience. Any score, pass/fail result, or certificate reflects only the judgment of the issuing instructor or organization. Brickell Bay Group LLC is not an accrediting body. Continuing-education credit (CEU/CME/CE) may be awarded only by an instructor or organization that is itself authorized by the applicable accrediting body; the Service requires the issuer to attest to that authority before a CEU value can be entered. BBG does not confer, validate, or guarantee acceptance of any credit, certification, or licensure. Certificates generated by the Service document simulation participation only.
You agree not to: (a) present the Service or its output as real medical data or a real medical device; (b) use it to deceive, harass, stalk, or record anyone without consent; (c) misrepresent attendance, scores, or certificates; (d) probe, overload, disrupt, or circumvent the Service or its security, or access it by automated means beyond what we authorize; (e) upload malicious code; (f) infringe others' rights or violate any law, export control, or sanctions program; or (g) resell or provide the Service to a third party except as expressly permitted. We may investigate and may suspend or terminate access for violations.
The Service, including its software, design, waveform engine, and content, is owned by BBG or its licensors and protected by intellectual-property laws. "X·Sim" and associated logos are marks of Brickell Bay Group LLC. X·Sim is an independent training tool: it is not affiliated with, sponsored by, or endorsed by ZOLL Medical Corporation or any medical-device manufacturer, and any third-party names referenced in documentation are the property of their respective owners and are used only for descriptive, nominative purposes.
The Service relies on third-party infrastructure it does not control — e.g., Stripe (payments), Cloudflare (hosting and database), WebRTC signaling brokers (PeerJS), STUN/TURN servers, and content-delivery networks. Their availability and terms are outside our control, and your use of them is subject to their own policies. The Service may be unavailable, interrupted, throttled, or discontinued at any time.
Case briefs, custom rhythms, treatment lists, schedules, notes, and similar material you create remain yours. You grant BBG only the limited rights technically necessary to host, transmit, and display that content to run the Service for you and your session participants. You are responsible for ensuring your content contains no real patient information and does not infringe others' rights. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
If you are an educational institution subject to FERPA, or an entity subject to similar student-privacy laws, you are responsible for your own compliance and for obtaining any required consents before using the Service with students. The Service is not designed to be a system of record for education records; do not enter data you are not authorized to process. Because student participation data (display names, attendance) is handled on the host's device, the institution acts as the controller of that data.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. SIMULATED WAVEFORMS AND VALUES MAY BE INACCURATE AND MUST NOT BE TREATED AS CLINICALLY VALID. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BBG AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING ANY DECISION MADE IN RELIANCE ON IT, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless BBG from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your violation of these Terms, your session content, or your violation of any law or third-party right — including any claim arising from clinical use of the Service or from CEU/certification decisions you make.
You may stop using the Service at any time. We may suspend or terminate access at any time, with or without notice, for any reason, including violation of these Terms or non-payment. On termination, the license in Section 3 ends. Sections 2, 5–7 (for amounts owed), 10, 12, and 14–22 survive termination.
These Terms are governed by the laws of the State of Florida, USA, without regard to conflicts of law. You will first contact us at the address below and allow 30 days to resolve any dispute informally. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any dispute not resolved informally, and you consent to their jurisdiction and venue. To the extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class or representative action. Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law provides otherwise.
Brickell Bay Group LLC
Legal: pino1894@gmail.com
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