Terms of Use

For more information or if you have any questions about these terms of use, please contact us at legal@picmonic.com

Acceptance of Terms of Use

The following is an agreement (“Agreement”) between you (or “Customer”) and Picmonic Inc., a Delaware corporation (“Picmonic”). By accessing, browsing, subscribing to, and using this website, any platforms, or any mobile application offered by Picmonic, or the products and services offered by Picmonic (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Services. From time to time, Picmonic may modify this Agreement and post those modifications on the applicable Services. Your use of the Services after any such modification constitutes your acceptance of the modified Agreement. The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by Picmonic from its offices within the United States. Picmonic makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

Ownership and Proprietary Information

The content and information in the Services is proprietary to Picmonic. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services.

Use Restrictions and Intellectual Property

The Services contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of are protected under the United States copyright laws. The copyright in all material provided in the Services is held by Picmonic or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. Except as expressly permitted by Picmonic, nothing from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Picmonic or the copyright owner. You also may not, without Picmonic’s permission, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You will not upload, post or otherwise make available in the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Picmonic for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of the Services, you grant Picmonic the right to edit, copy, publish and distribute any such material.

U.S. Government Restricted Rights

The materials in the Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Picmonic’s proprietary rights in them.

Trademarks

“Picmonic” is a registered trademark of Picmonic. It, together with other trademarks that are located within the Services shall not be deemed to be in the public domain but rather the exclusive property of Picmonic, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Picmonic unless otherwise stated.

Changes

Information in the Services may be changed or updated without notice. Picmonic may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Availability

Information Picmonic publishes in the Services may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Picmonic intends to announce such products, programs or services in your country. Consult Picmonic for information regarding the products, programs and services which may be available to you.

Information “AS IS” and Availability of Services

INFORMATION IN THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY PICMONIC ON AN “AS IS” BASIS ONLY. PICMONIC PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE INFORMATION PROVIDED IN THE SERVICES SHOULD BE USED SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR EXAMINATION BY A PROFESSIONAL OR THE ADVISE OF ANY TYPE OF PROFESSIONAL, INCLUDING MEDICAL OR LEGAL PROFESSIONALS. PICMONIC WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT PICMONIC PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SERVICES MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, INTERNET AND MOBILE NETWORK ERRORS, AND THE LIKE. YOU AGREE AND UNDERSTAND THAT PICMONIC SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR SUCH SUSPENSIONS OF ACCESS TO THE SERVICES.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PICMONIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OFFERED IN THIS SERVICES, EVEN IF PICMONIC OR A PICMONIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

Mobile Application Availability; provider charges

In order to use the mobile application offered by Picmonic, you are required to have a compatible mobile phone or other handheld device, internet access, and the necessary minimum software specifications. Picmonic is not responsible, shall not be held liable, and makes no representations or warranties regarding charges to you from your internet or mobile network provider for data streaming or otherwise access to the Services. Please check with your internet or mobile network provider for applicable data charges.

Governing Law and Dispute Resolution

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.

Transmissions

Any material, information or idea you transmit to or post in the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Picmonic or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Picmonic will be handled in accordance with Picmonic’s Privacy Policy. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

End User Communications

Picmonic, at any time now or in the future, may allow you and other end users to use the Services to express opinions and communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services from time to time (collectively “Communities”). In the event of the existence of such Communities, Picmonic shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Picmonic, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Picmonic shall also have the right, but not the obligation, to remove any material from the Communities that Picmonic, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Picmonic. By posting any materials, feedback, or other information on or through the Communities, you grant Picmonic a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights. The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

Referral Program

The Referral Program, Generally. This section governs your eligibility to participate in the referral program (“Referral Program”) offered by Picmonic. By participating in the Referral Program, you may qualify to receive credit for free access to the Services for the time period specified below by referring friends to become first-time Picmonic subscribers.  Any Reward (defined below) that you earn in connection with the Referral Program shall be limited to your Picmonic area of study. You are eligible to participate in the Referral Program only if you have registered a Picmonic account and if your participation in the Referral Program complies with this Agreement. You may send referral invitations only to friends or individuals who consent to receiving invitations to subscribe to Picmonic. You must comply with any applicable laws, rules, and regulations, in addition to this Agreement.

Referring a Friend

How to Refer a Friend. To participate in the Picmonic Referral Program, sign in to your Picmonic account and follow the directions on the My Referrals page (www.picmonic.com/referrals) to invite friends to Picmonic to become a first-time Picmonic subscriber (“First-Time Purchasers”). You will not receive Reward for purchases made by a Picmonic purchaser who is not a First-Time Purchaser.  All referrals must include a unique link generated on the Picmonic My Referrals page.  You are not eligible to receive Reward or participate in the Referral Program for an invitation or referral made outside the My Referrals page. What You Get – Discount and Rewards.  The Company will log when a First-Time Purchaser accepts your valid invitation and purchases a Picmonic Service (a “Qualifying Purchase”).  In the avoidance of doubt, a Qualifying Purchase means any purchase made by a First-Time Purchaser via Picmonic that is greater than $0 in value.  A trial account or other free promotional subscription to a Picmonic Service in which a referee does not purchase any Picmonic Service does not constitute a Qualifying Purchase. For the purposes of this Referral Program, each First-Time Purchaser may make one Qualifying Purchase.   First-Time Purchasers may receive a twenty percent (20%) discount towards any full priced fixed length Picmonic subscription upon clicking a referral link to accept the referral invitation and subscribe to the Picmonic Services (“Referral Discounts”). Referral Discounts are not applicable toward monthly subscriptions or specials. For every Qualifying Purchases made by your referrals, within a commercially reasonable amount of time, you will receive two (2) free weeks of access in your area of study (each such free 2 weeks, a “Reward”). When You Receive Your Reward. If you are a month-to-month Picmonic subscriber, any Reward will be credited during the billing period following the billing period in which you earned the Reward. For all other paying Picmonic subscribers, any Reward will be added to the end of your existing subscription term. There is no maximum number of Rewards that you are eligible to receive. Special Terms for Campus Advocates. This section applies only to Picmonic users who are a member of Picmonic’s Campus Advocate Program.  Any Campus Advocate whose referrals make 20 Qualifying Purchases, such that the Campus Advocate earns ten (10) Rewards, is eligible to receive a free Picmonic for Life subscription. For the purposes of this Agreement, “Picmonic for Life” means a ten (10) year extension of access in your area of study.  Any Picmonic for Life award pursuant to these Terms will be granted to a Campus Advocate within a commercially reasonable amount of time. Terms Applicable to All Referrers. Any Reward (and for Campus Advocates, Picmonic for Life awards) may not be delayed, held, transferred, or otherwise redeemed. Rewards and Picmonic for Life may not be applied toward a purchase on Picmonic or exchanged for cash or any cash equivalent.  Rewards and/or Picmonic for Life awards are void and no longer redeemable in the event you violate this Agreement. Who Can Be a Referrer. No purchase is necessary to refer First-Time Purchasers to Picmonic. All you need is a free account with Picmonic…and the will to help us make studying easier and more effective for your classmates!

Accepting a Referral

Redeeming your Discount. Upon being referred to Picmonic through a valid Referral Program link sent to you by a referrer, you are eligible to receive a discount to be applied to your first fixed-length subscription to Picmonic (“First-Purchase Referral Discount”). Month-to-month subscriptions are not “fixed-length” and, as a result, no First-Purchase Referral Discount may be applied against the cost of a month-to-month subscription or a special. You may use your First-Purchase Referral Discount by accepting the referral invitation and registering as a Picmonic member or signing in to an existing Picmonic account with no prior purchasing history. Picmonic members with a prior Picmonic subscription may not utilize a First-Purchase Referral Discount. First-Time Purchasers may apply the First-Purchase Referral Discount toward any fixed-length purchase on Picmonic. First-Purchase Referral Discounts are not applicable toward monthly subscriptions or specials, but the referrer may still obtain credit toward a Reward for the monthly subscriber they referred.

Additional Terms Governing the Referral Program

Violations of this Agreement. Rewards, Picmonic for Life awards, and Bonus Picmonics are not transferable and may not be sold or exchanged for cash. Any failure to comply with this Agreement or any applicable law may result in cancellation of any applicable award under the Referral Program or suspension or termination of your participation in the Referral Program or of your Picmonic account, all in the sole and absolute discretion of Picmonic. Referral invitations and Bonus Picmonics  may expire in accordance with this Agreement.  Participation in the Referral Program may be limited to Picmonic members located in certain countries or using certain currencies, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the Referral Program at any time and for any reason.  You are expressly prohibited from taking any action intended to circumvent the terms of this Agreement. Picmonic reserves the right to cancel or rescind Reward or Picmonic for Life awards if it determines in its sole and absolute discretion that any party has violated this Agreement for any reason, including, but not limited to, fraudulent or misleading referral activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery with the intent to circumvent this Agreement) or if your Picmonic account is closed for any reason. Your Relationship With Picmonic. Your participation in the Referral Program is voluntary.  This Agreement does not, and shall not be construed to, create an employer-employee, agency, joint venture, or partnership relationship between you and Picmonic.  You may only send valid referral invitations in accordance with this Agreement.  You shall not, without Picmonic’s written permission, include any Picmonic trademarks or other Picmonic materials in your communications about the Referral Program.  Do not misrepresent or embellish your relationship with Picmonic or write, say, or post anything you know is untrue or misleading.  Do not make performance, price, or other claims about Picmonic Services. If someone has asked you to stop sending them messages about Picmonic, respect their request.

Placing Your Monthly Subscription on Pause

All Picmonic Premium monthly recurring members are able to temporarily place their Premium subscription On Pause for future months when the user knows in advance that they will not be utilizing their Premium subscription for a period of time. Subscribers must give at least 48 hours notice prior to placing their Premium subscription On Pause. A Picmonic Premium subscriber may place their subscription On Pause for a minimum of 1 day through to a maximum of 90 days. Customers on fixed length memberships cannot put their accounts on a monthly hold.

During the On Pause period no maintenance fee will be applied in lieu of the subscribers standard subscriber fee and the subscriber will be granted free trial access. Monthly recurring subscribers can apply to place their account on pause via their My Subscriptions page, by selecting “Pause my subscription”.

Important information to note when applying for this Premium monthly recurring subscriber service:
  • • Subscriptions On Pause for future months cannot be backdated.
  • • If you wish to re-start your Picmonic Premium monthly recurring subscription prior to the end of your scheduled On Pause period, you may do so from your My Subscriptions page or by purchasing a new Premium subscription.

THE BACK TO SCHOOL SPECIAL GROUP BUY PROGRAM, GENERALLY.

These terms and conditions govern your eligibility to participate in the Back to School Special Group Buy Program offered by Picmonic (“Group Buy Program”) and are subject to and incorporated into Picmonic’s Terms of Use. You are only eligible for the Group Buy Program if you subscribe to and pay fees for the Back to School Special Subscription offered by Picmonic (“Group Buy Subscription”). By participating in the Group Buy Program, you may qualify to receive a partial refund of your Group Buy Subscription in exchange for you and other participating students in your Medical or Physician Assistant school meeting certain criteria (“Refund”). Any Refund earned in connection with the Group Buy Program shall be limited to your Picmonic area of study. No other promotional codes or specials may be applied concurrent with the Group Buy Program unless otherwise determined by Picmonic in its sole discretion. You must comply with any applicable laws, rules, and regulations in addition to this Agreement. Participation in the Group Buy Program is void where prohibited by law. Picmonic reserves the right to modify or terminate the Group Buy Program at any time in its sole and absolute discretion. Picmonic reserves the right to cancel or rescind any Refund or Account Extension if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or Picmonic’s Privacy Policy, including through any fraudulent or misleading referral activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, skullduggery, or the like) or if the party’s Picmonic account is closed for any reason. Picmonic may terminate the Group Buy Program at any time and for any reason.

PICMONIC FOR MEDICINE BACK TO SCHOOL SPECIAL GROUP BUY REFUND DETAILS

To participate in the Group Buy Program, you must (a) purchase the Picmonic for Medicine Back to School Special Subscription between the dates of July 11, 2016 and September 30, 2016 (“Term”); and (b) properly complete your profile account details to accurately identify your medical school. Upon signing up for the Picmonic for Medicine Back to School Special Subscription, a $50 discount will be automatically applied to the cost of your Back to School Group Buy Subscription. What You Get – Subscription Refund. Picmonic, in its sole and absolute discretion, has determined a predefined goal for each participating Group Buy Program to be eligible to receive a Refund (“Goal”). The Goal for your School’s Group Buy Program can be found in your account dashboard. Picmonic will track Back to School Group Buy Subscriptions purchased at each medical school (“School Purchases”). You may track School Purchases on your dashboard at picmonic.com/dashboard. If the number of School Purchases meets or exceeds the Goal by September 30, 2016, each Picmonic for Medicine Back to School Special Group Buy Subscription at your school’s Group Buy Program shall have the option to receive (i) an electronic refund of $100.00, provided your original method of payment is still active (“Money Refund”); or (ii) a one (1) year Picmonic account extension (“Account Extension”) at no additional charge. This option will be selected by you upon purchase of the Back to School Special Group Buy Subscription. If you earn a Subscription Refund you will receive your refund electronically within 10 business days of your school’s School Purchases meeting the Goal. If you earn an Account Extension your access will be extended within 24 hours of your school’s School Purchases meeting Goal. If School Purchases has exceeded Goal upon your purchase, you may apply your Money Refund or Account Extension at purchase.

PICMONIC FOR PHYSICIAN ASSISTANT BACK TO SCHOOL SPECIAL GROUP BUY REFUND DETAILS

How to Participate in Picmonic for Physician Assistant Back to School Special Group Buy Program. To participate in the Group Buy Program, you must (a) purchase the Picmonic for Physician Assistant Back to School Special Subscription between the dates of July 11, 2016 and September 30, 2016 (“Term”); and (b) properly complete your profile account details to accurately identify your medical school. Upon signing up for the Picmonic for Physician Assistant Back to School Special Subscription, a 20% discount will be automatically applied to the cost of your Back to School Subscription. What You Get – Subscription Refund. Picmonic, in its sole and absolute discretion, has determined a predefined goal for each School Program to be eligible to receive a Rebate (“Goal”). The Goal for your School Program can be found in your account dashboard. Picmonic will track Back to School Group Buy Subscriptions purchased at each medical school (“School Purchases”). You may track School Purchases on your dashboard at picmonic.com/dashboard. If the number of School Purchases meets or exceeds the Goal by September 30, 2016, each Picmonic for Medicine Back to School Special Group Buy Subscription at the School Program shall receive an electronic refund of $25.00, provided your original method of payment is still active (“Money Refund”). If you earn a Subscription Refund you will receive your refund electronically within 10 business days of your School Purchases meeting Goal. If School Purchases has exceeded Goal upon your purchase, you may apply your Money Refund at purchase.  

Pass the PANCE® Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the PANCE® Refund Program. If you meet the eligibility requirements below and do not pass the PANCE® examination within one year of the expiration date of your subscription to access the Picmonic Services platform for Physician Assistant students (“Picmonic for Physician Assistant”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Physician Assistant (“PANCE® Cash Refund”) or another subscription to Picmonic for Physician Assistant of equal length for free (“PANCE® Subscription Refund”), pursuant to the terms and conditions set forth below (the “PANCE® Refund Program”). Eligibility. You are eligible to participate in the PANCE® Refund Program if you have: (1) purchased a subscription to Picmonic for Physician Assistant for a minimum of a 3 month term; (2) “learned” (defined below) at least 500 Picmonics in the Picmonic for Physician Assistant platform prior to your PANCE® testing date; and (3) you have submitted satisfactory proof of your PANCE® test results within 30 days of the date of your PANCE® test results letter to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services do not satisfy the subscription eligibility requirement to participate in the PANCE® Refund Program. You must have purchased a minimum 3-month subscription to Picmonic for Physician Assistant. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Physician Assistant platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. You may track how many Picmonics you have “learned” by going to the Pathways Home screen or your Dashboard’s “Picmonic Stats” tile. Satisfactory proof of your PANCE® test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your PANCE® test results is not satisfactory to Picmonic and thus, you are not eligible for the PANCE® Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the PANCE® Refund Program, you will be eligible to receive either a PANCE® Cash Refund or PANCE® Subscription Refund.  Within ten (10) business days of submitting proof of your PANCE® test results, you will be notified via email if you are eligible to receive either the PANCE® Cash Refund or PANCE® Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the PANCE® Cash Refund or PANCE® Subscription Refund. If you select the PANCE® Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the PANCE® Cash Refund. If you select the PANCE® Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the PANCE® Subscription Refund. General. You shall only be eligible for the PANCE® Refund Program one time and may not receive more than one refund: either the PANCE® Cash Refund or PANCE® Subscription Refund. Participation in the PANCE® Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the PANCE® Refund Program at any time in its sole and absolute discretion. Picmonic reserves the right to cancel or rescind any PANCE® Cash Refund or PANCE® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or Picmonic’s Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Pass the NCLEX® Guaranteed Refund Program

This section governs the terms and conditions and your eligibility to participate in the NCLEX® Refund Program. If you meet the eligibility requirements below and do not pass the NCLEX® examination within one year of the expiration date of your subscription to access the Picmonic Services platform for nursing students (“Picmonic for Nursing”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Nursing (“NCLEX® Cash Refund”) or another subscription to Picmonic for Nursing of equal length for free (“NCLEX® Subscription Refund”), pursuant to the terms and conditions set forth below (the “NCLEX® Refund Program”). Eligibility. You are eligible to participate in the NCLEX® Refund Program if you have: (1) purchased a subscription to Picmonic for Nursing for a minimum of a 3 month term; (2) “learned” (defined below) at least 500 Picmonics in the Picmonic for Nursing platform prior to your NCLEX® testing date; (3) graduated from an ACEN or CCNE accredited nursing school located in the United States; and (4) you have submitted satisfactory proof of your NCLEX® test results within 30 days of the date of your NCLEX® test results letter to Picmonic via email at feedback@picmonic.com. Month-to-month subscriptions to the Picmonic Services do not satisfy the subscription eligibility requirement to participate in the NCLEX® Refund Program. You must have purchased a minimum 3-month subscription to Picmonic for Nursing. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Nursing platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. You may track how many Picmonics you have “learned” by going to the Pathways Home screen or your Dashboard’s “Picmonic Stats” tile. Satisfactory proof of your NCLEX® test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your NCLEX® test results is not satisfactory to Picmonic and thus, you are not eligible for the NCLEX® Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the NCLEX® Refund Program, you will be eligible to receive either a NCLEX® Cash Refund or NCLEX® Subscription Refund.  Within ten (10) business days of submitting proof of your NCLEX® test results, you will be notified via email if you are eligible to receive either the NCLEX® Cash Refund or NCLEX® Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the NCLEX® Cash Refund or NCLEX® Subscription Refund. If you select the NCLEX® Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the NCLEX® Cash Refund. If you select the NCLEX® Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the NCLEX® Subscription Refund. General. You shall only be eligible for the NCLEX® Refund Program one time and may not receive more than one refund: either the NCLEX® Cash Refund or NCLEX® Subscription Refund. Participation in the NCLEX® Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the NCLEX® Refund Program at any time in its sole and absolute discretion.

Picmonic reserves the right to cancel or rescind any NCLEX® Cash Refund or NCLEX® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or Picmonic’s Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Picmonic reserves the right to cancel or rescind any NCLEX® Cash Refund or NCLEX® Subscription Refund if Picmonic determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and Picmonic, or Picmonic’s Privacy Policy, including through any fraudulent or misleading activity (for example, by using multiple identities, email addresses or Picmonic accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery) or if your Picmonic account is closed for any reason.

Pass USMLE Step 1, Step 2 CK, COMLEX Level 1, or COMLEX Level 2 Guaranteed Refund Program


This section governs the terms and conditions and your eligibility to participate in the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program. If you meet the eligibility requirements below and do not pass theUSMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 examination within one year of the expiration date of your subscription to access the Picmonic Services platform for medical students (“Picmonic for Medicine”), then Picmonic will provide you with a full refund of your subscription to Picmonic for Medicine (“USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Cash Refund”) or another subscription to Picmonic for Medicine of equal length for free (“USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Subscription Refund”), pursuant to the terms and conditions set forth below (the “USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program”). Eligibility. You are eligible to participate in the USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program if you have: (1) purchased a subscription to Picmonic for Medicine for a minimum of a 3 month term; (2) “Learned” (defined below) at least 500 Picmonics in the Picmonic for Medicine platform prior to your testing date; (3) you have submitted satisfactory proof of your test results within 30 days of the date of your USMLE Step 1, Step 2 CK, or COMLEX test results to Picmonic via email at feedback@picmonic.com. You must have purchased a minimum 3-month subscription to Picmonic for Medicine. For purposes of these eligibility requirements set forth in this section, “learned” means that you have either listened to the Picmonic educational audio or clicked-through each fact within the Picmonics in the Picmonic for Medicine platform to meet the eligibility threshold. Once you have “learned” a Picmonic, the number next to it in Pathways and Playlists will be colored yellow or orange. You may track how many Picmonics you have “learned” by going to the Pathways Home screen or your Dashboard’s “Picmonic Stats” tile. Satisfactory proof of your USMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 test results is determined by Picmonic, in its sole discretion. Picmonic will notify you if the submitted proof of your test results is not satisfactory to Picmonic and thus, you are not eligible for theUSMLE Step 1, Step 2 CK, COMLEX Level 1, COMLEX Level 2 Refund Program. Please contact feedback@picmonic.com with any questions. Refund. Once you have satisfactorily met all of the eligibility requirements set forth above to participate in the Refund Program, you will be eligible to receive either a Cash Refund or Subscription Refund. Within ten (10) business days of submitting proof of your test results, you will be notified via email if you are eligible to receive either the Cash Refund or Subscription Refund, and you will have ten (10) business days to notify Picmonic by emailing feedback@picmonic.com of your selection of either the Cash Refund or Subscription Refund. If you select the Cash Refund, Picmonic will pay the refund via check delivered to the address on file for your account within 90 days of the date of your selection of the Cash Refund. If you select the Subscription Refund, your account will be updated by Picmonic within 10 business days of the date of your selection of the Subscription Refund. General. You shall only be eligible for the Refund Program one time and may not receive more than one refund: either the Cash Refund or Subscription Refund. Participation in the Refund Program may be limited to Picmonic users located in the United States, and is void where prohibited by law. Picmonic reserves the right to modify or terminate the Refund Program at any time in its sole and absolute discretion.


Revisions to this Agreement

Picmonic may at any time revise this Agreement by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Digital Millennium Copyright Act (“DMCA”) Notice.

In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Attn: Copyright Administrator
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250

CopyrightAdministrator@WeissBrown.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.