Terms of Service
1. Introduction & Agreement
These Terms of Service (“Terms”) constitute a legally binding agreement between you and MDSteps, LLC (“MDSteps,” “we,” “us,” or “our”) governing your access to and use of the MDSteps websites, mobile and web applications, content, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
Affiliations. MDSteps is an independent educational platform and is not affiliated with, endorsed by, or sponsored by the NBME, FSMB, USMLE, or NCSBN. All references to third-party marks are for identification only and do not indicate sponsorship or endorsement.
Definitions. “Applicable Law” means federal, state, and local laws, rules, regulations, and orders applicable to your use of the Services; “Order” means a purchase, checkout confirmation, invoice, or enrollment identifying your plan; “Effective Date” means the date you first access the Services; “Force Majeure Event” is defined in Section 11.
If you are using the Services on behalf of an organization, you represent and warrant that you are duly authorized to bind such organization, and references to “you” include that organization and its Authorized Users.
2. Use of Service
License Grant. Subject to your continued compliance with these Terms and any Order, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial educational purposes.
Acceptable Use; Prohibited Conduct. You shall not, directly or indirectly: (i) access or attempt to access non-public systems, networks, or data; (ii) circumvent, disable, or interfere with security-related features; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software comprising or making the Services available (except to the extent such restriction is prohibited by Applicable Law); (iv) use any scraper, spider, robot, or other automated means to access the Services for any purpose without our express written permission; (v) upload, post, transmit, or otherwise make available any material that infringes any third-party right or violates Applicable Law; (vi) use the Services to develop a competing product or service or to benchmark the Services except as expressly permitted; (vii) interfere with other users’ enjoyment of the Services; (viii) misrepresent your identity or affiliation; (ix) engage in unauthorized account sharing, resale, or sublicensing; or (x) use the Services in a manner that would give rise to civil or criminal liability.
Third-Party Services. The Services may interoperate with or contain links to third-party websites, content, products, or services that are not owned or controlled by us (“Third-Party Services”). We are not responsible for, and make no representations regarding, any Third-Party Services. Your use of Third-Party Services is subject to their terms and policies.
Beta Features. We may designate certain functionality as alpha, beta, preview, or otherwise not generally available (“Beta Features”). Beta Features are provided “AS IS,” may be changed or discontinued at any time, and are excluded from any service level commitments.
3. Accounts & Registration
You must provide accurate, current, and complete information when creating an account and maintain the security of your credentials. You are solely responsible for all activities that occur under your account. You will promptly notify us of any unauthorized access or suspected breach of security. We may require multi-factor authentication or other security measures.
Account Integrity. Accounts are personal to you and may not be transferred, sold, or shared with any other person or entity. We may suspend or terminate access where we reasonably suspect account sharing, credential stuffing, or other fraudulent behavior.
3A. Accounts, Usernames & Transfers
License; No Ownership Transfer. Your account and username on MDSteps are licensed to you for use with the Services and are not sold to you. Except as expressly permitted in writing by MDSteps, you may not transfer any account or entitlement.
Prohibited Transactions. You may not buy, sell, rent, lease, loan, gift, assign, pledge, sublicense, barter, “boost,” or otherwise transfer or trade: (i) accounts; (ii) seats or subscriptions; (iii) access credentials; or (iv) usernames/handles, whether on or off the Services (including via third-party marketplaces, forums, or brokers).
Username Policy. Usernames are allocated at our discretion and may be reclaimed or changed to prevent impersonation, confusion, or abuse. You may not: (i) impersonate another person or entity; (ii) claim usernames you do not intend to use (“squatting”); or (iii) list, advertise, or solicit any sale or transfer of a username.
Account Sharing. Credential sharing (including simultaneous logins by multiple individuals) is prohibited. Enterprise or institutional plans must follow the seat terms in the applicable Order.
Enforcement. We may investigate suspected violations and may, in our discretion, suspend or terminate accounts, lock or rename usernames, revoke access, and forfeit Promotions or remaining time without refund where we reasonably determine a violation occurred. We may also remove related posts/listings and block associated payment instruments and devices to prevent repeat abuse.
Recovery & Changes. If you lose access to your account, contact support@mdsteps.com. We may require identity verification and are not obligated to transfer accounts or usernames between individuals (e.g., upon graduation, change of employer, or private sale).
4. Subscriptions & Payments
Certain features require a paid subscription. Prices, features, and availability are described on our Pricing page or in an Order and are subject to change in our discretion, except that price changes will not apply to an existing, pre-paid Term until renewal.
Billing; Taxes. By starting a subscription, you authorize our payment processor(s) to charge all applicable fees and any sales, use, VAT, GST, or similar taxes associated with your subscription to your selected payment method on a recurring basis until you cancel. You are responsible for any bank fees, currency conversion costs, or charges arising from your payment method.
Trials & Renewals. If your plan includes a free trial, you may cancel before the trial ends to avoid charges. Unless stated otherwise, subscriptions renew automatically for successive periods equal to the initial subscription term, at the then-current price, until canceled. You may cancel at any time, effective at the end of the then-current billing period.
Refunds. Except where required by law or expressly stated otherwise in an Order, payments are non-refundable and non-creditable. Partial-period cancellations are not prorated.
Chargebacks; Non-Payment. If a charge is reversed or disputed, we may suspend or terminate access to the Services and assess a reasonable administrative fee. We may also refer delinquent accounts to collections and pursue all remedies available at law or in equity.
4A. Pass Guarantee
Our Commitment. If you do not pass your applicable USMLE® exam after using the Services, MDSteps will extend your then-current, paid individual subscription by an additional 60 days at no charge (the “Pass Guarantee”).
Eligibility (Conditions Precedent). To qualify, you must satisfy all of the following on or before submitting a claim: (a) hold an active, paid individual subscription purchased directly from MDSteps (institutional, group, scholarship, complimentary, and trial plans are excluded); (b) sit for USMLE Step 1, Step 2 CK, or Step 3 while your subscription is active and after at least 30 consecutive days of active subscription; (c) meet the minimum activity thresholds below during the 45 days immediately preceding the exam; and (d) maintain your account in good standing with no refunds, chargebacks, or violations of these Terms.
Excluded Plan — Monthly QBank-Only. The Pass Guarantee applies only to 60-Day, 90-Day, 6-Month, and Yearly plans and does not apply to the Monthly QBank-Only subscription.
- Step 1 or Step 2 CK: at least 1,200 unique MDSteps practice questions attempted across at least 20 separate study days; and at least 200 “missed” flashcards reviewed (automatically generated or manual). At least 60% of questions must be completed in timed or tutor mode using blocks of 20+ mixed questions.
- Step 3: at least 800 unique MDSteps practice questions plus 15 CCS cases completed across at least 15 separate study days; and at least 100 “missed” flashcards reviewed. At least 60% of questions must be completed in timed or tutor mode using blocks of 20+ mixed questions.
Counting Rules. “Unique” questions are counted once per question ID; repeated attempts do not increase totals. A “study day” means any calendar day with at least one qualifying activity recorded in your account. Activity is determined solely by MDSteps’s system logs.
How to Claim. Email support@mdsteps.com within 14 days of the date on your official score report and include: (i) your account email; (ii) exam type and test date; and (iii) a copy of your official score report showing a non-passing result. We may request additional reasonable information (e.g., test appointment confirmation, exam permit, activity logs) to verify eligibility, and you authorize us to review your usage data for that purpose.
Verification & Determinations. Eligibility and compliance with these requirements will be determined by MDSteps in good faith based on available records, and our determination is final.
Remedy. If approved, we will apply a one-time 60-day extension of your then-current plan. The Pass Guarantee is non-transferable, has no cash value, is not stackable, and is your sole and exclusive remedy for failure to pass. No refunds, credits, or alternative remedies will be provided.
Restrictions & Exclusions. The Pass Guarantee does not apply to missed or canceled exams; administrative or testing irregularities; users who received refunds or initiated chargebacks; prior free-trial or promotional months; more than one claim per user per exam level in any rolling 12-month period; or where prohibited by law. We may deny claims where we reasonably determine data has been manipulated or requirements were not satisfied.
Program Changes. MDSteps may modify, suspend, or discontinue the Pass Guarantee at any time on a prospective basis; changes will not affect timely, complete claims submitted before the effective date of such changes.
USMLE® is a registered trademark of the Federation of State Medical Boards (FSMB) and the National Board of Medical Examiners (NBME). MDSteps is not affiliated with or endorsed by FSMB or NBME.
5. Intellectual Property
The Services and all materials therein, including without limitation software, code, question banks, images, audio-visual works, text, graphics, logos, compilations, and the selection and arrangement thereof (collectively, “MDSteps Content”) are owned by MDSteps or its licensors and protected by copyright, trademark, patent, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use MDSteps Content solely through the Services for personal, non-commercial educational purposes. No rights are granted by implication, estoppel, or otherwise.
Feedback. If you submit ideas, suggestions, or other feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback without restriction or compensation.
DMCA/Notice of Infringement. If you believe any content infringes your rights, please send a notice to legal@mdsteps.com with a detailed description of the alleged infringement. We may remove or disable access to content and terminate repeat infringers in appropriate circumstances.
6. User Content
You retain ownership of any content you submit, upload, or post through the Services (“User Content”). You grant MDSteps a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, create derivative works from, publicly perform, publicly display, and otherwise use User Content solely to operate, provide, secure, and improve the Services.
You represent and warrant that you have all rights necessary to grant the above license and that your User Content does not infringe, misappropriate, or violate any third-party right or Applicable Law. We may remove or disable access to any User Content that we reasonably believe violates these Terms.
Data Retention. We are not obligated to retain User Content after account termination. You are responsible for maintaining appropriate backups.
6A. Community Standards for User-Generated Content
Scope. This section applies to any User Content visible to others or shared through community features (e.g., comments, notes, decks, explanations, study groups, profiles, and messages) (collectively, “Community Content”). The license you grant in Section 6 applies to Community Content so we can host, display, and moderate it.
What’s Not Allowed. You agree not to post, upload, or share Community Content that: (i) infringes or misappropriates intellectual property or privacy/publicity rights; (ii) includes exam “recalls,” brain dumps, or requests/offers for real test items; (iii) is unlawful, deceptive, or harmful (including medical misinformation that could reasonably risk harm if acted upon); (iv) is threatening, harassing, hateful, or discriminatory; (v) contains another person’s personal or confidential information (including PHI) without consent; (vi) is pornographic or sexually explicit; (vii) contains malware, exploits, or attempts to technically interfere with the Services; (viii) is spam or artificially manipulates engagement; or (ix) attempts to buy, sell, or transfer accounts, seats, access, or usernames (see Section 3A).
Moderation & Takedowns. We may use a combination of automated and human review to enforce these standards. We may remove or restrict Community Content, limit features, or suspend/terminate accounts where we reasonably believe a violation occurred or to comply with Applicable Law, rights-holder demands, or platform policies.
Reporting. To report suspected violations, email legal@mdsteps.com or support@mdsteps.com with a link, description, and any supporting material. For copyright claims, follow the DMCA process in Section 5.
Public Sharing & Attribution. If you choose settings that make your Community Content public or shared within study groups, MDSteps may display your display name, username, avatar, and profile metadata alongside that content. Deleting content may not retroactively remove copies already accessed by others or included in backups/logs, subject to our retention practices.
Repeat Infringers. We may terminate accounts of repeat infringers or repeat violators of these standards where appropriate.
7. Disclaimers
AS IS; AS AVAILABLE. THE SERVICES AND MDSTEPS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Educational Content. The Services are provided for educational and informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the guidance of a qualified healthcare provider for questions about a medical condition. You remain solely responsible for your exam preparation and performance.
Exam Providers. We do not control the content, scoring, policies, or administration of any third-party examinations. Outcomes are not guaranteed, and our practice materials may differ from actual exam content, format, or difficulty.
Full Disclaimers. For the complete set of disclaimers, please see https://mdsteps.com/disclaimer.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MDSTEPS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Certain jurisdictions do not allow limitations on implied warranties or exclusion/limitation of certain damages; to the extent such laws apply to you, some or all of the above disclaimers and limitations may not apply, and you may have additional rights.
9. Indemnification
You agree to defend, indemnify, and hold harmless MDSteps and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your access to or use of the Services; (ii) your User Content; (iii) your violation of these Terms or Applicable Law; or (iv) your infringement, misappropriation, or violation of any third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with our defense.
10. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. Venue. Subject to the arbitration provision below, you agree to the exclusive jurisdiction of the state and federal courts located in El Paso County, Texas, and waive any objection to venue or forum non conveniens.
Binding Arbitration & Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The seat and venue of arbitration will be El Paso County, Texas, and the language will be English. You and we agree to arbitrate in your individual capacities only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Class action and jury trial waivers apply to the fullest extent permitted by law. If the AAA is unavailable, the parties will mutually select a substitute administrator with comparable rules.
Costs. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds your claim to be non‑frivolous, we will pay your share of the arbitration fees to the extent required by Applicable Law.
Small Claims; Injunctive Relief. Nothing in this Section prevents either party from seeking relief in small claims court for qualifying claims or seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access or use of the Services.
Opt-Out. You may opt out of arbitration by sending written notice to legal@mdsteps.com within thirty (30) days after the Effective Date. If you opt out, the venue clause above applies.
Time to Bring Claims. To the fullest extent permitted by law, any Dispute must be filed within one (1) year of the date the cause of action accrued, otherwise the claim is permanently barred.
Export; Sanctions. You represent that you are not located in, under the control of, or a national or resident of any country or person prohibited by U.S. export controls or economic sanctions. You agree to comply with all applicable export control and sanctions laws.
11. Termination
We may suspend or terminate your access to the Services (in whole or in part) immediately with or without notice if we reasonably believe you have violated these Terms, pose a security or legal risk, fail to pay fees when due, or for any other reason in our discretion. You may stop using the Services at any time. Upon termination, your license rights will immediately cease and you must cease all use of the Services and MDSteps Content.
Survival; Force Majeure. Sections 2–10 and 12–13 (and any other provisions which by their nature should survive) will survive any termination. Neither party is liable for delay or failure to perform due to a Force Majeure Event beyond its reasonable control, including acts of God, labor disputes, Internet or utility failures, governmental actions, epidemics, war, civil disturbances, or natural disasters.
Data Access Post-Termination. We may, but are not obligated to, provide limited access for a commercially reasonable period to permit you to export User Content. We may charge a reasonable fee for any such assistance.
12. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms with a new “Last updated” date and, where required, provide additional notice. Changes are effective upon posting unless otherwise specified. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
Interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign these Terms without notice in connection with a merger, acquisition, or sale of assets. These Terms, together with any Order and policies referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements on the subject matter.
App Stores. If you access the Services via an Apple or Google platform, you acknowledge that the platform owner is not a party to these Terms and has no responsibility for maintenance or support of the Services; your use may be subject to the platform’s terms.
13. Contact
Questions or notices regarding these Terms may be sent to legal@mdsteps.com. For support matters, contact support@mdsteps.com. Notices to you may be provided via email to the address associated with your account or through the Services.
14. Academic Integrity & Anti‑Cheating
Honor Code. You agree not to share exam content, solicit real exam questions, obtain an unfair advantage, or engage in any activity that would violate the rules of third‑party exam providers. This includes posting or requesting recalled questions ("brain dumps"), or attempting to de‑anonymize experimental content.
Proctoring & Monitoring. We may use reasonable technical measures (e.g., IP rate limiting, device fingerprinting, anomaly detection) to protect question bank integrity. Tampering with such measures is prohibited.
Consequences. We may, in our discretion, suspend or terminate your account, revoke access, or report suspected misconduct to relevant institutions or testing bodies where legally permissible.
15. AI & Automated Features
The Services may include AI‑assisted features (e.g., explanations, tutoring, flashcard generation). AI outputs may be inaccurate or incomplete. You are responsible for verifying outputs before relying on them.
Usage Inputs. You grant us a license to process prompts, activity signals, and feedback to operate and improve these features, consistent with our Privacy Policy. We do not train foundation models on your personal data in a manner that would identify you, except as disclosed in the Privacy Policy or a data processing addendum (“DPA”) where applicable.
Safety & Limits. We may filter or refuse inputs/outputs that violate these Terms. We may impose usage caps or rate limits to ensure quality and fairness.
16. Availability, Maintenance & Support
Availability. We target commercially reasonable uptime but do not guarantee uninterrupted availability. Planned maintenance may occur with or without notice. Emergency maintenance may occur at any time.
Support. Standard support is available via email at support@mdsteps.com. Response times may vary by plan. Priority or enterprise support may require an additional fee or Order.
Data Security. We implement administrative, technical, and physical safeguards designed to protect the Services. No method of transmission or storage is 100% secure; you use the Services at your own risk.
17. Communications; SMS & Email Consent
By providing contact information, you consent to receive transactional messages (e.g., receipts, account alerts) and, where you opt‑in, marketing communications. You may opt out of marketing emails at any time by using the unsubscribe link. Opting out of marketing does not affect transactional messages. For SMS programs, message and data rates may apply; frequency varies. Text STOP to opt out and HELP for help.
We may send advance renewal notices and important service announcements electronically. You agree that electronic communications satisfy any legal communications requirements.
18. Promotions, Credits & Scholarships
Coupons, credits, referrals, scholarships, or promotional offers (collectively, “Promotions”) are subject to the terms disclosed at issuance and are void where prohibited. Promotions are not redeemable for cash, may not be transferred or sold, and may expire. We may cancel a Promotion or adjust your account if we detect abuse, fraud, or error.
19. Institution & Enterprise Terms
If you access the Services through an institution (e.g., medical school, residency program) or enterprise agreement, your access is also governed by the applicable master agreement or Order between MDSteps and the institution. In case of conflict, that agreement controls for the institutional users it covers.
Institutional administrators may manage seats and view aggregated usage analytics. We do not disclose students’ individual performance to institutions except as permitted by law, the master agreement, or with the student’s consent.
20. Accessibility
We strive to make the Services accessible and to align with widely recognized guidelines. If you encounter an accessibility barrier, please contact support@mdsteps.com with “Accessibility” in the subject line and a description of the issue.
21. International Terms
General. You are responsible for compliance with local laws where you access the Services. We do not represent that the Services are appropriate or available in all locations.
EEA/UK Data Subjects. If you are located in the EEA or UK and our processing of your personal data is subject to the GDPR or UK GDPR, our Privacy Policy describes your rights and how to contact us. Where required, we rely on Standard Contractual Clauses or another lawful transfer mechanism for cross‑border transfers.
Canada. If you are in Canada, you consent to the processing and storage of your information in the United States and other countries that may have different data protection rules than Canada.
Consumers’ Right of Withdrawal. If mandatory local law grants you a cooling‑off or withdrawal right for digital content, we will honor that right as required by law; otherwise, the “Refunds” provision applies.
22. Electronic Signatures & Notices
You consent to use electronic records and signatures in connection with the Services, and to receive notices and disclosures electronically. Paper copies are available upon request where required by law.
23. Open Source Notices
Certain components of the Services may be offered under open source licenses. Your use of any such components is governed by the applicable open source license terms, which will not materially restrict your use of the Services as permitted in these Terms.