Terms of Service

Effective Date: November 19, 2025

These Terms of Service ("Terms") govern your access to and use of the RCM Labs Think Labs platform and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you:

• Are at least 18 years of age
• Have the authority to enter into these Terms
• Will comply with all applicable laws and regulations
• Accept and agree to be bound by these Terms and our Privacy Policy

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

RCM Labs provides the Think Labs platform, a cognitive development platform that includes:

• AI-powered microgames and training exercises
• Adaptive difficulty calibration using Generative AI
• Natural Language Processing-based assessments
• Performance tracking and analytics dashboards
• Team-wide cognitive development insights
• Administrative tools for organizational leaders

3. Account Registration and Security

3.1 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide and maintain accurate account information
• Use a valid corporate email address for business accounts
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree not to:

• Share your account credentials with others
• Use another user's account without permission
• Create multiple accounts for fraudulent purposes
• Impersonate any person or entity

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of RCM Labs or others
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Services or systems
• Reverse engineer, decompile, or disassemble the platform
• Use automated tools to access or scrape the Services
• Interfere with or disrupt the Services or servers
• Upload false or misleading information
• Harass, abuse, or harm other users
• Use the Services to compete with RCM Labs

5. Intellectual Property Rights

5.1 RCM Labs Ownership

All rights, title, and interest in the Services, including all software, content, trademarks, logos, and proprietary technologies (including AI models, algorithms, and NLP systems), are owned by RCM Labs or our licensors. These Terms do not grant you any ownership rights.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

5.3 User Data

You retain ownership of any data you submit to the Services. By using the Services, you grant RCM Labs a worldwide, royalty-free license to use, process, and analyze your data to:

• Provide and improve the Services
• Generate performance analytics and insights
• Develop and enhance AI models (using anonymized data)
• Comply with legal obligations

6. Enterprise Subscriptions and Payment

6.1 Subscription Terms

Access to the Services may require a paid subscription. Subscription terms, including pricing, features, and billing cycles, are specified in your enterprise agreement or order form.

6.2 Payment

You agree to pay all fees associated with your subscription. Fees are non-refundable except as required by law or specified in your enterprise agreement.

6.3 Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. We will notify you of upcoming renewals and any price changes.

6.4 Pilot Programs

Pilot programs may be offered on a trial basis with specific terms, durations, and capacity limits as communicated during enrollment.

7. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you acknowledge that:

• We collect and process data as described in the Privacy Policy
• Performance data may be shared with your organization's administrators
• Anonymized data may be used to improve AI models and services
• We implement industry-standard security measures

8. Third-Party Services and Integrations

The Services may integrate with third-party services (such as NVIDIA technologies) or contain links to third-party websites. We are not responsible for:

• The availability or accuracy of third-party services
• Third-party terms, policies, or practices
• Any damages resulting from third-party interactions

9. Service Availability and Modifications

9.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Services may be unavailable due to:

• Scheduled maintenance
• Technical issues or emergencies
• Events beyond our reasonable control

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice of material changes affecting paid subscriptions.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at team@rcmlabs.io. Termination does not entitle you to a refund of prepaid fees.

10.2 Termination by Us

We may suspend or terminate your access to the Services at any time if:

• You violate these Terms or our policies
• Your account remains inactive for an extended period
• We discontinue the Services
• Required by law or legal process

10.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• We may delete your account data in accordance with our retention policies
• Provisions that should survive termination will remain in effect

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted, secure, or error-free operation
• Specific results or performance improvements

RCM Labs is a cognitive development platform and does not provide medical, psychological, or professional advice. Results may vary by individual.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RCM LABS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Services
• Third-party content, actions, or services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF NO FEES WERE PAID.

13. Indemnification

You agree to indemnify, defend, and hold harmless RCM Labs, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of others
• Your data or content submitted to the Services

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the jurisdiction where RCM Labs is established, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class actions.

14.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any enterprise agreement, constitute the entire agreement between you and RCM Labs.

15.2 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

15.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us:

RCM Labs
Email: team@rcmlabs.io
Legal Inquiries: legal@rcmlabs.io

17. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.