Terms and Conditions

SECTION 1: INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 Agreement

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and BMEssentia LLC-FZ ("BMEssentia," "Company," "we," "us," "our") governing your access to and use of BMEssentia, including the website (www.bmessentia.com), the Platform (platform.bmessentia.com), BMEssentia Medical City (the desktop application for Windows and Mac, "Medical City"), the BMEssentia App (iOS and Android, "the App"), and all associated services, content, features, and functionality (together, "the platform").

1.2 Acceptance

By accessing, browsing, registering for, or using BMEssentia in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, together with our Privacy Policy, Refund Policy, Acceptable Use Policy and Community Guidelines and, if you install or use Medical City, the Medical City Software Licence. If you do not agree to these Terms, you must immediately discontinue all use of the platform.

1.3 Company Information

• Legal Entity: BMEssentia LLC-FZ
• Jurisdiction of Registration: Dubai, United Arab Emirates
• Founder and CEO: Hasan Khaled Hasan Ismail
• Platform Launch Date: April 1, 2026
• Website: www.bmessentia.com
• Platform: platform.bmessentia.com
• General Support: team@bmessentia.net
• Tutoring Support: specialistnetworksupport@bmessentia.com
• Institutional Support: institutionalsupport@bmessentia.com
• Data and Privacy: team@bmessentia.net (subject line "Privacy Request")

BMEssentia LLC-FZ was founded by Hasan Khaled Hasan Ismail, who serves as Founder and CEO. The platform, its proprietary technology, learning architecture, and all associated intellectual property were created and developed under his direction.

1.4 Intellectual Property Protection

BMEssentia LLC-FZ holds 7 United States provisional patents across its core proprietary technology domains:

• BMEssentia Dynamic Biomedical Portfolio Builder System
• Interactive Biomedical Study Experience System
• Visual Slide Learning System for Biomedical Education
• Cross-Disciplinary Expand Your Expertise Biomedical Course System
• Medical Device Library Framework for Biomedical Engineering Education
• BMEssentia Platform Architecture and Ecosystem Design
• Tap-to-Explain Interactive Learning Engine for Biomedical Education Slides

All platform technology, content architecture, learning systems, device breakdowns, course curricula, guides, illustrations, methodologies, and proprietary systems are protected intellectual property of BMEssentia LLC-FZ. Unauthorized reproduction, replication, or commercial exploitation of any BMEssentia system or content is strictly prohibited and will be pursued to the fullest extent of applicable law.

1.5 Platform Description

BMEssentia is a biomedical engineering learning ecosystem made up of the web Platform, the BMEssentia App and the BMEssentia Medical City desktop application, designed to train biomedical engineers to think, decide, and perform like professionals through structured, interconnected learning architecture.

SECTION 2: ELIGIBILITY

2.1 Age Requirement

You must be at least 18 years of age to create an account and use BMEssentia. By creating an account or using the platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

2.2 Jurisdiction

BMEssentia is available globally. However, you are responsible for ensuring that your use of the platform complies with all applicable laws and regulations in your jurisdiction. If your use of BMEssentia is prohibited by applicable law, you are not authorized to use the platform.

2.3 Institutional Users

If you are accessing BMEssentia on behalf of a university, hospital, MedTech company, or other institution, you represent and warrant that you have the authority to bind that institution to these Terms. In such cases, "you" and "your" refer to that institution. Institutional use is subject to additional terms set out in Section 12 and any separate Institutional Licensing Contract and Data Processing Agreement executed between BMEssentia and the institution.

2.4 Accuracy of Information

You represent and warrant that all information you provide during registration and throughout your use of the platform is accurate, current, and complete. You agree to update your information promptly if it changes.

2.5 Competitor Access Prohibition

Access to BMEssentia by individuals or entities who are developing, operating, or employed by a competing biomedical engineering education platform, learning management system, or substantially similar service is strictly prohibited. By accessing BMEssentia, you represent and warrant that you are not accessing the platform for the purpose of competitive intelligence gathering, content extraction, system replication, or any other purpose that serves a competing commercial interest. BMEssentia reserves the right to terminate any account it reasonably determines to be in violation of this provision, without notice and without refund, and to pursue all available legal remedies including injunctive relief and damages.

SECTION 3: USER ACCOUNTS

3.1 Account Creation

To access BMEssentia features, you must create an account by providing your full name, a valid email address, a secure password, and any additional information required during registration.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify BMEssentia immediately at team@bmessentia.net of any unauthorized use or suspected security breach. BMEssentia is not liable for any losses, damages, or consequences arising from unauthorized access to your account whether or not you have notified us.

3.3 One Account Per User

Each BMEssentia account is for individual, personal use only. You may not create multiple accounts for yourself, share your login credentials with any other person, allow others to access your account, transfer your account to another person, or use another person's account. Violation of this provision may result in immediate account termination without refund.

3.4 Account Verification

BMEssentia may require email verification or additional identity verification to activate or maintain your account. Failure to complete verification may result in limited access or account suspension.

3.5 Account Information Updates

You agree to keep your account information accurate and up-to-date. BMEssentia is not responsible for communications that fail to reach you due to outdated contact information.

3.6 Account Integrity and Fraud Prevention

BMEssentia employs technical and operational measures to detect account fraud, credential sharing, multiple account creation, and unauthorized access. Any account found to be in violation of these measures may be suspended or terminated immediately without notice or refund. BMEssentia reserves the right to require re-verification of any account at any time.

SECTION 4: PLATFORM AND SERVICES

4.1 Overview

BMEssentia is a comprehensive biomedical engineering education platform offering learning infrastructure, career development tools, cognitive training, and community features. The platform serves biomedical engineering students, biomedical professionals, healthcare professionals, and institutions.

4.2 Learning Infrastructure

BMEssentia provides the following educational content and tools:

Master BME Course Curriculum (22 Courses):

Fully integrated, interconnected biomedical engineering mastery courses built using our patented Systems-First Learning Architecture. Courses include: Introduction to Biomedical Engineering, Human Anatomy, Chemistry of Life, Introduction to Biology, Human Physiology, Biostatistics, Biomechanics, Biomaterials, Signals and Systems, Modeling and Simulation, Instrumentation, Cell and Tissue Engineering, Therapeutic Devices, Medical Imaging Physics, Device Design, Medical Imaging, MRI Physics, Rehabilitation Engineering, Prosthetic Devices, Neuroengineering, Bionanotechnology, and Clinical Engineering.

Interactive Medical Device Library (69 Devices):

Medical devices fully deconstructed across 13 foundational engineering sections (Overview, Operations, Importance, Physics, Features, Applications, Physiology, Safety, Advancements, In Research, Logistics, Alternatives, Ethical) and deepened through 19 proprietary teaching angles.

Learning Stack System:

A 30-day specialization architecture allowing users to design focused learning cycles by selecting a niche, aligning courses and devices around it, and building cumulative depth.

Custom Visual Illustration Gallery (3,800+ Illustrations):

Proprietary biomedical illustrations designed from scratch with one-tap detailed explanation features.

Exam-Ready Practice Question Gallery (13,000+ Questions):

BME-specific questions in 5 different formats built with real-world exam rigor.

BMEssentials Series: The Cognitive Engine (31 Modules):

Structured video modules across 4 phases, designed to train diagnostic thinking, decision clarity, execution discipline, and long-term career control. Each module includes a filmed lecture, annotated presentation, and executable playbook. Founder-taught by Hasan Khaled Hasan Ismail.

4.3 Career Development

Business Mastery, Expand Your Expertise Series (3 Courses, in addition to the 22 courses of the Master BME Course Curriculum): The Art of Selling for Biomedical Engineers, Finance for Biomedical Engineers, and The Medical Device Import-Export Logistics.

The BMEssence Vault (231 Guides): Masterclass guides organised into standalone series, including the Device Intelligence Series, the BMEssentials Cognitive Series, the Career Architecture Series and the Business Mastery Series.

Professional MedTech Portfolio Builder: A dynamic, achievement-driven profile showcasing credentials, progress, certifications, and expertise. Portfolio data is stored on BMEssentia's platform infrastructure. You may request a copy of your personal data, including your portfolio data, in a structured, machine-readable format as described in Section 24 and the Privacy Policy. Users are advised to keep their own records of their achievements and progress.

Private Global BME Community: a private network for biomedical engineers, innovators, and MedTech leaders.

4.4 Platform Features

BMEssentia Mobile App: Available on iOS and Android with full platform access. BMEssentia Essentia Assistant: AI-powered assistant built exclusively for biomedical engineering, capable of image analysis, device explanation, concept breakdown, career guidance, and platform navigation. Real-Time AI Voice Narration: AI-powered audio narration for hands-free learning. Built-In Digital Notepad: Note-taking, concept synthesis, and highlight saving directly inside every lesson. Essentia Points and Reward System: Points earned through engagement, completed stacks, streak consistency, and progress tracking. Daily Biomedical Innovation News: Curated daily updates on biomedical technology delivered inside the dashboard.

BMEssentia Medical City: A desktop application for Windows and Mac containing a walkable 3D hospital campus, the Device Lab (all 69 devices in interactive 3D), 12 simulations with 511 challenges at three levels, and 600 story missions across 3 pathways. Medical City is included in BMEssentia Premium, in Medical City only plans, in the one-time Medical City licence and in institutional licences. Your installation and use of Medical City are also governed by the Medical City Software Licence, which forms part of these Terms.

4.5 Educational Use

BMEssentia is for education and training. It is not medical advice and not for clinical decision-making. Always follow the manufacturer's instructions for use and your institution's protocols.

All courses, guides, device breakdowns, illustrations, 3D models, simulations, missions and other content provided through BMEssentia, including the Platform, Medical City and the App, are for education and training only. BMEssentia does not provide medical advice, diagnosis or treatment, and its content must not be used for clinical decision-making or to make decisions about the care of a real patient. When you work with real medical devices, always follow the manufacturer's instructions for use (IFU), your institution's protocols and procedures, applicable regulations and the judgement of qualified professionals; where they differ from BMEssentia content, they prevail. Certificates issued by BMEssentia, including Medical City certificates, are training certificates. They are not a licence to practise, a professional qualification, or proof of competence to operate, maintain or repair medical equipment. Answers from the Essentia Assistant are generated by AI for education; they may be incomplete or wrong and must be checked against authoritative sources. BMEssentia does not guarantee employment, salary outcomes, or career advancement, and makes no representation that its content applies to any specific clinical, professional, or educational situation.

SECTION 5: PLANS, PRICES, AND LICENCES

5.1 Available Plans

BMEssentia (the Platform): $24 per month, $54 every 3 months (equivalent to $18 per month, save 25%), or $179 per year (equivalent to $14.92 per month, save 38%) (USD). It includes the full Platform in your browser at platform.bmessentia.com and on the BMEssentia App, including the Device Library, all courses, guides and practice questions, RESOLVE troubleshooting, the Learning Stack System, the Essentia Assistant, the community, and your progress dashboard. Medical City is not included; Platform users may see a preview of Medical City and an invitation to upgrade.

BMEssentia Premium (Platform + Medical City): $49 per month, $114 every 3 months (save 22%), or $299 per year (equivalent to $24.92 per month, save 49%) (USD). It includes everything in BMEssentia plus Medical City for Windows and Mac, including the Device Lab, the simulations and challenges, and the story missions.

Medical City only: $39 per month, $89 every 3 months (save 24%), or $249 per year (save 47%) (USD). It includes Medical City for Windows and Mac, without the web Platform. Medical City only subscriptions always run the latest available version.

Medical City one-time licence: $599 once, or 3 monthly payments of $209 (USD). It is a perpetual licence to use Medical City on the version current at the date of purchase, together with every update released in the 12 months after purchase. After those 12 months, the optional Update Pass ($99 per year, renewing yearly until cancelled) gives access to further updates while it is active. Without the Update Pass you keep using the latest version you were entitled to, indefinitely. The one-time licence covers Medical City only, does not include the Platform, and has no free trial. Instalments are governed by Section 8.9.

Institutional licences: priced by written proposal; see Section 12.

5.2 Pricing

All prices are listed in United States Dollars (USD) and are the prices shown on www.bmessentia.com/pricing and at checkout. Prices for individual plans are inclusive of applicable taxes unless otherwise stated at checkout. Where checkout shows a local currency or a tax amount, the amount shown at checkout applies.

5.3 Price Changes

BMEssentia reserves the right to change subscription prices at any time. Price changes will be communicated to existing subscribers via email at least 30 days before taking effect, will apply to new subscribers immediately upon posting, and will apply to existing subscribers at their next renewal date after the notice period.

5.4 Payment Processing

Payments are processed securely by our third-party payment processor, Stripe. By subscribing or purchasing, you authorize BMEssentia and its payment processors to charge your selected payment method for all applicable fees. BMEssentia does not store your complete payment card information. All payment data is handled by PCI-compliant payment processors.

5.5 Earlier Plans

Subscribers who joined before these Terms took effect on the Monthly Learning Stack ($24.99), Quarterly Learning Plan ($57.99) or Yearly Essentia Architect ($249.99) plans move, at their next renewal, to the matching BMEssentia plan at the lower price in Section 5.1 ($24 monthly, $54 quarterly, $179 annually) unless they choose a different plan. Benefits already granted to Essentia Architect subscribers continue until the end of their current paid year. We will email affected subscribers before their next renewal.

5.6 Changing Plans

You may upgrade at any time. When you move from a monthly or quarterly plan to an annual plan, or from BMEssentia or Medical City only to BMEssentia Premium, the unused value of your current billing period is credited toward the new plan and the new billing period starts on the day you upgrade. Downgrades and changes to a shorter billing period take effect at your next renewal.

SECTION 6: FREE TRIAL

6.1 Trial Offer

New users can take one 7-day free trial of the whole BMEssentia ecosystem: the Platform, Medical City and the App together. The trial is not tied to a particular plan, and you can start it on bmessentia.com or in any BMEssentia product. It is offered once per person, whichever plan you later choose, subject to the following terms. The one-time Medical City licence, the Update Pass and institutional licences have no free trial, and users with an institutional seat do not need one.

6.2 Trial Terms

No payment card is required to start the free trial. The trial lasts 7 calendar days from activation and ends automatically with no charge. The trial does not renew or convert into a paid plan; you are charged only if you choose a paid plan and enter payment details. One free trial per person across all plans. Trial access is personal and non-transferable.

6.3 Trial Content

The trial gives you a selection of content from across the ecosystem, not the full catalogue. At the time of writing it includes chapters 1 and 2 of every course; five complete devices and the Overview section of every device in the Device Library; selected BMEssentials modules and BMEssence guides; MedTech AI with a daily message limit; and, in Medical City, the city to explore with selected devices fully opened in the Device Lab, the opening chapters of Story 1 and a first challenge in each simulation. Locked content is shown as a preview. BMEssentia may change what the trial includes; the current contents are shown when you start the trial.

6.4 Trial Expiration

When the trial ends, trial access stops and no charge is made. To continue, choose a paid plan. Progress made during the trial, including Medical City progress, is kept on your account and resumes when you subscribe with the same account. A Medical City installation used during the trial stops working when the trial ends.

6.5 Trial Abuse

Creating multiple accounts to obtain additional free trials is a violation of these Terms and may result in termination of all associated accounts, permanent ban from the platform, and legal action where applicable.

SECTION 7: FOUNDING MEMBERS PROGRAM

7.1 Program Overview

BMEssentia's Founding Members Program is a limited, invitation-only access program offered exclusively to individuals who participated in BMEssentia's official launch events, including designated Zoom launch sessions and in-person university presentations, during the BMEssentia launch period of June 2026. Founding member status is awarded solely at BMEssentia's discretion.

7.2 Founding Member Access

Qualifying founding members receive 12 months of complimentary full platform access equivalent to the annual BMEssentia (Platform) plan, beginning from the date of access activation. This complimentary access period is provided once per qualifying individual and is non-transferable, non-extendable, and non-redeemable for cash or credit.

7.3 Founding Member Obligations

In exchange for complimentary access, founding members agree to engage authentically with the platform during their access period, provide honest written feedback and testimonials as requested by BMEssentia, and participate in the beta engagement framework as defined by BMEssentia. Founding members who misuse their access, share their credentials, or violate these Terms may have their complimentary access revoked immediately without notice.

7.4 Transition to Paid Subscription

Upon expiration of the 12-month complimentary access period, founding member access ceases automatically. There is no automatic conversion to a paid subscription. Founding members who wish to continue using BMEssentia must subscribe to a paid plan at the then-current subscription rates. BMEssentia may offer founding members preferential renewal rates at its sole discretion, which will be communicated by email before the access period ends.

7.5 Founding Member Beta Deliverables

As part of the founding member engagement, BMEssentia may request the following from founding members during their access period: a written testimonial, a full portfolio build within the platform, a minimum of two community posts, and a 30 to 60 second video testimonial. These deliverables are strongly encouraged and form part of the founding member commitment, though failure to complete all deliverables does not automatically revoke access during the 12-month period.

7.6 No Commercial Obligation

BMEssentia's provision of complimentary founding member access does not create any commercial obligation, employment relationship, partnership, or agency between BMEssentia and the founding member.

SECTION 8: PAYMENTS, RENEWALS, AND CANCELLATIONS

8.1 Payment Methods

BMEssentia accepts payment via major credit cards (Visa, Mastercard, American Express), debit cards, and other payment methods as made available on the platform.

8.2 Payment Authorization

By subscribing, you authorize BMEssentia to charge your selected payment method for the subscription fee, applicable taxes, automatic renewals unless cancelled, and retry failed payment attempts.

8.3 Auto-Renewal

All subscriptions, including the Update Pass, automatically renew at the end of each billing period unless cancelled before the renewal date: monthly plans every month, quarterly plans every 3 months, annual plans and the Update Pass every 12 months. You will be charged the then-current price of your plan at renewal, subject to Section 5.3. Free trials never renew (Section 6). The one-time Medical City licence does not renew.

8.4 Renewal Notifications

BMEssentia, or its payment processor on its behalf, will send renewal reminder emails 7 days before renewal for monthly subscriptions and 14 days before renewal for quarterly and annual subscriptions and the Update Pass.

8.5 Cancellation

You may cancel your subscription at any time through your account settings on www.bmessentia.com or by contacting team@bmessentia.net. Cancellation takes effect at the end of your current billing period. You retain access until the end of the paid period. No partial refunds are provided for unused time within a billing period, except as set out in the Refund Policy or required by law. Auto-renewal will be disabled upon cancellation. When a subscription that includes Medical City ends, Medical City stops working at the end of the paid period; your progress is kept and resumes if you subscribe again with the same account.

8.6 Refunds

Refunds are governed by the BMEssentia Refund Policy, which forms part of these Terms. In summary, payments for digital subscriptions, licences and content are non-refundable once a billing period has begun or the licence has been delivered, except as set out in the Refund Policy or where required by applicable law, including the 14-day right of withdrawal of consumers in the European Union and the United Kingdom described in the Refund Policy. BMEssentia may, at its discretion, make a goodwill refund or credit in individual cases.

8.7 Failed Payments

If a payment fails, BMEssentia may retry the payment. Your access may be suspended until payment is successful. Your account may be downgraded or terminated after multiple failed attempts. You remain responsible for all unpaid fees.

8.8 Chargebacks

Filing a fraudulent chargeback or payment dispute may result in immediate account termination, collection of owed amounts plus fees, permanent ban from the platform, and legal action where applicable. BMEssentia treats fraudulent chargebacks as a material breach of this Agreement. If you believe you have been charged incorrectly, please contact team@bmessentia.net first so we can correct genuine billing errors quickly.

8.9 Instalments for the One-Time Medical City Licence

If you buy the one-time Medical City licence in 3 monthly payments of $209, you authorize us to charge the second and third payments one and two months after the first. The licence is activated on the first payment and becomes fully paid when the third payment succeeds. If an instalment fails and remains unpaid after retries, BMEssentia may suspend the licence until the outstanding amount is paid. If a payment for the licence is refunded in full, the licence is withdrawn.

8.10 EU and UK Consumers: Immediate Access and the 14-Day Withdrawal Right

BMEssentia supplies all paid access as digital content supplied immediately: subscriptions to BMEssentia, BMEssentia Premium and Medical City only, the one-time Medical City licence and the Update Pass. If you are a consumer in the European Union or the United Kingdom, at checkout you ask for immediate access and acknowledge that you lose your 14-day right of withdrawal once access starts, by ticking an unticked box with the wording for your purchase; we record your consent and confirm it in your order confirmation email. Because the 7-day free trial needs no payment card, you can try BMEssentia fully before paying. The wording is:

• Subscriptions: "I ask for immediate access to the digital content in my subscription. I understand that I lose my 14-day right of withdrawal once access starts."
• Medical City one-time licence: "I ask for immediate access to Medical City. I understand that I lose my 14-day right of withdrawal once the download or activation of Medical City starts."
• Update Pass: "I ask for immediate access to the updates in my Update Pass. I understand that I lose my 14-day right of withdrawal once I download an update covered by the Update Pass."

If you have not accessed any content (for the one-time licence: not started the download or activation; for the Update Pass: not downloaded a covered update) within 14 days of purchase, you may still withdraw and receive a full refund under Section 1.4 of the Refund Policy.

SECTION 9: LEARNING STACK SYSTEM

9.1 Overview

The Learning Stack System is BMEssentia's proprietary 30-day specialization architecture. Users design focused learning cycles by selecting a niche, aligning courses and devices around it, and building cumulative depth.

9.2 Stack Options

Users may build a custom stack by selecting specific courses, devices, and content aligned to personal learning goals, or choose a pre-built stack from 5 expertly designed learning stacks each focused on a core biomedical engineering domain.

9.3 Pre-Built Stacks

The 5 pre-built stacks are: Clinical Engineering Core Stack, Advanced Medical Imaging Stack, Medical Device Design and Systems Stack, Neuro and Sensory Systems Stack, and Surgical and Critical Care Systems Stack. Each pre-built stack includes curated courses, devices, BMEssentials modules, and BMEssence guides.

9.4 Stack Cycles by Subscription

Learning Stacks are available on every plan that includes the Platform (BMEssentia, BMEssentia Premium and institutional licences, subject to the institution's learning pathway). Each stack runs as a 30-day learning cycle. When a cycle ends you may start a new one, with the same or a different focus, for as long as your plan is active; the number of cycles is not limited by your billing period.

9.5 Progress Preservation

Progress within courses, devices, guides, notes, and portfolio is preserved across billing periods for active subscribers, across cycles within the same subscription tier, and when you change plans. Progress may be lost upon account termination or extended periods of non-subscription at BMEssentia's discretion.

SECTION 10: ESSENTIA ASSISTANT (AI)

10.1 Overview

The Essentia Assistant is an AI-powered learning tool embedded within the BMEssentia platform, built for biomedical engineering, MedTech, and medical device education.

10.2 Capabilities

The Essentia Assistant can analyze uploaded images including device diagrams, schematics, equations, and slides; explain biomedical engineering concepts at various levels of complexity; answer questions about devices, imaging physics, signals, careers, and study strategies; provide platform navigation guidance; and offer career and learning recommendations.

10.3 Limitations

The Essentia Assistant is an AI tool and may produce incomplete, inaccurate, or outdated information. It does not provide medical advice, diagnosis, or treatment. It does not provide professional certification or licensure guidance. It does not guarantee accuracy of any response. It should not be relied upon as the sole source of information for professional decisions.

10.4 User Responsibilities

When using the Essentia Assistant, you agree to verify important information through authoritative sources, not share sensitive personal information, not use the Assistant to generate harmful, illegal, or unethical content, and not attempt to manipulate, jailbreak, extract proprietary content, or misuse the Assistant in any way.

10.5 Prohibited AI Interactions

You may not use the Essentia Assistant to systematically extract BMEssentia content for external use, train competing AI systems, scrape platform knowledge for reproduction elsewhere, test platform vulnerabilities, or generate content designed to compete with or replicate BMEssentia's services. Any such use constitutes a material breach of this Agreement and grounds for immediate account termination and legal action.

10.6 Data Usage

Conversations with the Essentia Assistant may be used to improve the Assistant's performance on an anonymized and aggregated basis, stored for quality assurance and platform improvement, and are subject to our Privacy Policy.

10.7 Disclaimer of Liability

BMESSENTIA IS NOT LIABLE FOR ANY DECISIONS MADE BASED ON ESSENTIA ASSISTANT RESPONSES, INACCURACIES OR ERRORS IN ASSISTANT RESPONSES, PROFESSIONAL OR CLINICAL CONSEQUENCES OF RELYING ON ASSISTANT INFORMATION, OR ANY DAMAGES ARISING FROM USE OF THE ESSENTIA ASSISTANT.

SECTION 11: COMMUNITY GUIDELINES

11.1 Overview

The Private Global BME Community is an exclusive network for biomedical engineers, students, innovators, and MedTech professionals. Participation is a privilege, not a right. The Community Guidelines set out the full rules and form part of these Terms.

11.2 Expected Conduct

By participating in the BMEssentia community, you agree to engage respectfully and professionally with all members, keep discussions relevant to biomedical engineering, MedTech, healthcare technology, and career development, provide accurate information and acknowledge when you are uncertain, respect the privacy and confidentiality of other members, and support and encourage fellow community members.

11.3 Prohibited Conduct

You may not post spam, advertisements, or promotional content without permission; share illegal, harmful, discriminatory, offensive, or explicit content; harass, bully, threaten, or intimidate other members; share confidential or proprietary information from employers, institutions, or third parties; solicit personal information, money, or business from other members; impersonate other individuals or misrepresent your identity or credentials; share copyrighted material without authorization; recruit or poach members for competing platforms; or engage in any activity that violates applicable laws.

11.4 Content Moderation

BMEssentia reserves the right to review, edit, or remove any content at our sole discretion, warn, suspend, or terminate accounts that violate community guidelines, and report illegal activity to appropriate authorities.

SECTION 12: INSTITUTIONAL LICENSING

12.1 Overview

BMEssentia offers institutional licences for universities and academic programmes, hospital clinical and biomedical engineering departments, and medical device companies, distributors and service organisations. Every licensed seat receives the Platform, Medical City and the App. Institutional licensing is governed by this Section and by a separate Institutional Licensing Contract and Data Processing Agreement executed between BMEssentia and the institution, which supersede these Terms where there is any conflict.

12.2 Minimum Seat Requirement

Institutional licenses require a minimum of 10 licensed seats. Organizations with fewer than 10 users are not eligible for institutional licensing and should direct individual users to standard subscription plans. BMEssentia reserves the right to decline any institutional application at its sole discretion. Smaller groups can use individual plans, for example BMEssentia at $179 per year or BMEssentia Premium at $299 per year per person.

12.3 Paid from Day One

All institutional licences are paid from day one. There is no free trial period for institutional access. Institutions request a demo at www.bmessentia.com/institutions and receive a written proposal within 48 hours of the demo. Institutional pricing depends on the number of users, the division, the licence tier, the contract length and the region. Contact institutionalsupport@bmessentia.com to begin the institutional onboarding process.

12.4 Seat Sharing Prohibition

Seat sharing: allowing a single licensed account to be used by more than one individual, is strictly prohibited and constitutes a material breach of the Institutional Licensing Contract. BMEssentia reserves the right to terminate an institutional license immediately upon discovery of seat sharing without refund.

12.5 Institution Administrator Responsibility

The institution is solely responsible for managing all seat allocation, ensuring all licensed users comply with these Terms and the Institutional Licensing Contract, maintaining an active designated administrator for the duration of the license, and notifying BMEssentia of any changes to the administrator within 14 days.

12.6 Divisions and Licence Tiers

Every institutional licence has a division and a tier. The division describes the sector and the content focus: Campus (universities and academic programmes), Resolve (hospital clinical and biomedical engineering departments) and MedTech (device companies, distributors and service organisations). The tier describes the governance and reporting layer. The Advanced tier includes full access to the Platform, Medical City and the App for every seat, an organisational dashboard, user management and seat control, progress tracking and completion visibility, standard BMEssentia certificates, and contract-based learning pathway control.

The Enterprise tier includes everything in the Advanced tier plus time-based engagement analytics and trends, completion and progress trend visibility, engagement rankings across users and content, exportable reports (CSV and PDF), branded certificates with the organisation's identity, priority support, and advanced contract configuration support. The learning experience is identical in every division and tier; only the dashboard, reporting and support layer differ.

12.7 Contract Terms

Institutional licenses support contract timeframes of 1 month, 3 months, and 1 year. Custom contract terms may be negotiated for Enterprise License customers. All payments are due upfront for the full contract duration before license activation.

12.8 Content and IP

Institutions and all their licensed users are bound by Section 13 of these Terms regarding intellectual property. Institutions may not reproduce, distribute, or repurpose any BMEssentia content outside the platform for any purpose. Any such use constitutes a material breach of the Institutional Licensing Contract and these Terms and will be pursued to the fullest extent of applicable law.

12.9 Data Protection for Institutional Seats

For personal data of users whose seats are provided by an institution, the institution is the data controller and BMEssentia processes that data on the institution's behalf as its data processor under the Data Processing Agreement. For individual accounts, BMEssentia is the data controller. Details are in the Privacy Policy.

SECTION 13: INTELLECTUAL PROPERTY

13.1 BMEssentia Ownership

All content, materials, and intellectual property on the BMEssentia platform are owned 100% by BMEssentia LLC-FZ, including but not limited to: courses, curricula, and educational content; device breakdowns and engineering analyses; guides, playbooks, and written materials; illustrations, diagrams, and visual content; videos, audio narration, and multimedia content; software, code, and platform architecture; Medical City, the Device Lab, 3D models, simulations, missions and game content; proprietary teaching methodologies and learning systems; trademarks, logos, and brand assets; and all 7 patent-pending technologies.

13.2 Passing Off and Misrepresentation

Any attempt by a competitor, individual, or entity to misrepresent BMEssentia's products or innovations as their own, or to pass off a competing product as BMEssentia's or as equivalent to it, constitutes passing off, unfair competition, and misrepresentation under applicable commercial law and will be pursued accordingly.

13.3 Anti-Scraping and Extraction Protection

The systematic extraction of BMEssentia content: including but not limited to device breakdowns, course content, illustrations, practice questions, guides, AI responses, and any other platform materials, through any means including manual copying, automated scraping, web crawling, bot access, API interception, screen recording, or any other technical method is strictly prohibited. This prohibition applies regardless of the volume of content extracted and regardless of whether the extraction is for personal use, commercial use, competitive analysis, AI training, or any other purpose. Any such extraction constitutes a material breach of this Agreement, infringement of BMEssentia's intellectual property rights, and may constitute computer fraud under applicable law.

13.4 Limited License to Users

Subject to these Terms, BMEssentia grants you a limited, non-exclusive, non-transferable, revocable license to access and view content for personal, non-commercial educational purposes and to use platform features as intended during your active subscription. This license does not include the right to reproduce, distribute, or publicly display any content; modify, adapt, or create derivative works; reverse engineer, decompile, or extract proprietary systems; use content for commercial purposes; share, resell, or redistribute any materials; remove or alter any copyright, trademark, or proprietary notices; or use any content for the purpose of building, training, or populating any competing product or service. The installation and use of the Medical City desktop application are additionally governed by the Medical City Software Licence.

13.5 User-Generated Content

Notes, highlights, portfolio content, and other materials you create within the platform remain your intellectual property. By creating content on BMEssentia, you grant us a limited, non-exclusive, royalty-free license to store your content on our servers, display your content within your account, back up and maintain your content, and use anonymized aggregated data for platform improvement. Content you post in the community is subject to our Community Guidelines. You retain ownership but grant BMEssentia a license to display, moderate, and remove content as necessary.

13.6 Copyright Infringement

If you believe your copyrighted work has been infringed on BMEssentia, contact us at team@bmessentia.net with identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good faith belief that use is unauthorized, a statement under penalty of perjury that information is accurate, and your physical or electronic signature.

13.7 Enforcement

BMEssentia actively protects its intellectual property through legal, technical, and operational means. Unauthorized use may result in immediate account termination, civil legal action for damages and injunctive relief, criminal referral where applicable, and public disclosure of infringement where legally permitted. BMEssentia reserves the right to seek injunctive relief in any court of competent jurisdiction without prior notice to prevent actual or threatened infringement.

SECTION 14: PROHIBITED USES

14.1 General Prohibitions

You agree not to violate any applicable laws, regulations, or third-party rights; use the platform for fraudulent, unlawful, or harmful purposes; share, sell, or distribute your account access or login credentials; create multiple accounts or use another person's account; copy, scrape, crawl, or extract content from the platform by any means; use automated tools, bots, scripts, or AI agents to access the platform; interfere with or disrupt platform functionality, servers, or networks; attempt to gain unauthorized access to any part of the platform; circumvent security measures, access controls, or usage limits; modify, adapt, or hack the platform or Medical City, or tamper with licence checks, telemetry, scores or certificates; introduce malware, viruses, or harmful code; use the platform to compete with or replicate BMEssentia services; misrepresent your identity, credentials, or affiliation; engage in any activity that damages BMEssentia's reputation or business; or access the platform for competitive intelligence purposes.

14.2 Content Prohibitions

You may not create, upload, or share content that infringes intellectual property rights; is defamatory, libelous, or fraudulent; is obscene, pornographic, or sexually explicit; is hateful, discriminatory, or promotes violence; harasses, threatens, or intimidates others; violates privacy rights; contains personal information of others without consent; promotes illegal activities; or is spam or unauthorized commercial solicitation.

14.3 Academic and Professional Prohibitions

You may not submit BMEssentia content as your own work for academic credit, use BMEssentia content to fraudulently obtain certifications or credentials, misrepresent BMEssentia certifications or completion as professional licensure, or use platform content in clinical practice without appropriate professional qualifications.

14.4 Competitor Prohibitions

You may not access BMEssentia for the purpose of building, designing, or improving a competing product; share BMEssentia content, architecture, or proprietary systems with any competing entity; use BMEssentia's platform structure, feature set, or content organization as a reference for competitor product development; or recruit BMEssentia users, tutors, or community members for a competing platform. BMEssentia reserves the right to take immediate legal action including injunctive relief against any individual or entity found to be in violation of this section.

14.5 Consequences

Violation of prohibited uses may result in warning or temporary suspension, permanent account termination without refund, legal action for damages, and criminal referral where applicable.

SECTION 15: TUTORING SERVICES

15.1 Overview

BMEssentia's live expert tutoring feature connects verified specialist tutors with enrolled students through the BMEssentia platform. All tutoring activity, session delivery, communication, assignments, ratings, and payments, takes place exclusively within the BMEssentia platform. No external tools, channels, or platforms are used or permitted for any part of the tutoring relationship. The tutoring feature is governed by this Section, the BMEssentia Tutor Guidelines, and the BMEssentia Tutor Onboarding Contract.

15.2 Tutoring Pricing: Student-Facing Terms

Students enrolling in a tutoring cohort are charged as follows:

• Full cohort enrollment (student joins from Day 1): $320.00 per subject per 30-day cohort
• Mid-cycle enrollment (student joins a running cohort, Days 1 to 22): $240.00 per subject for the remainder of that cohort

All tutoring payments are processed through Stripe and are subject to the payment terms in Section 8. Tutoring payments are non-refundable once a cohort has begun. If a student enrolls and a cohort does not reach the minimum of 3 students by Day 28, the student will receive a full refund. If a tutor cancels a cohort after it has begun, BMEssentia will issue a full pro-rated refund to all enrolled students for the remaining sessions.

15.3 Cohort Structure

Every tutoring cohort operates on the following fixed structure: 30-day duration from the tutor's chosen start date, 2 live sessions per week per subject, 8 total sessions per cohort, minimum 2 hours per session, maximum 15 students per cohort, and minimum 3 students required to launch. All session times are stored and displayed in UTC.

15.4 Data Collected from Students

When a student enrolls in a tutoring cohort BMEssentia collects: full name and registered email address, subject and cohort enrolled in, enrollment type (full cohort or mid-cycle), payment confirmation including amount, date, and transaction reference (full card details are never stored), session attendance records, session join and leave timestamps, in-session activity data, all platform messages with their tutor, all Board Room interactions, assignment submissions, grades and written feedback received, submission timestamps, and star ratings and written reviews submitted at cohort completion.

15.5 Data Collected from Tutor Applicants

During the tutor application process BMEssentia collects: full legal name, government-issued photo ID, date of birth to verify the minimum age requirement of 22 years, country of residence, official university transcripts, graduation or degree certificates, type-specific supporting credential documents, all responses to the four-section online application form, subjects and devices applied to teach, and pre-recorded teaching demonstration videos where submitted.

15.6 Data Collected from Active Tutors

Once a tutor is approved and active BMEssentia collects: profile photograph, tutor type badge, headline, bio, video introduction, approved subjects and devices, cohort and session delivery records, student enrollment numbers, assignment grading records and turnaround times, student message response times, Board Room activity, star ratings and reviews received, performance review records, Stripe Connect account reference, payout amounts and dates, held payout records, and all platform communications.

15.7 Session Recordings

All live sessions conducted through the BMEssentia Live Lecture Room are recorded automatically from the moment the session begins. Recordings capture all audio, video, screen sharing, and in-session activity from both the tutor and participating students. Recordings are stored securely on BMEssentia's platform infrastructure and made available to enrolled students through the Lecture Library within 1 hour of session completion. Enrolled students retain permanent read-only access to recordings from cohorts they completed regardless of subsequent subscription status. BMEssentia may review recordings for quality assurance, complaint investigation, and dispute resolution purposes. Tutors and students may not download, copy, share, or distribute recordings outside the platform. Any unauthorized distribution constitutes a material breach of this Agreement.

15.8 Tutor Obligations

Tutors agree to conduct all sessions exclusively through the BMEssentia Live Lecture Room; maintain all student communication within the BMEssentia platform; not share personal contact details with any enrolled student; not solicit students for paid services outside the platform during or for 12 months following the end of their engagement regardless of who initiates contact; not download, copy, or distribute session recordings or any BMEssentia platform content outside the platform; deliver all 8 sessions of every cohort started; respond to all student messages within 24 hours; and maintain professional conduct in all sessions and communications at all times.

15.9 Student Obligations

Students agree to not share, distribute, or publish session recordings or platform content outside the platform; not solicit tutors for private paid services outside the platform; not share their enrollment access or session recordings with non-enrolled individuals; and maintain respectful conduct toward tutors and other students at all times.

15.10 Tutor Non-Solicitation

The prohibition on soliciting BMEssentia students for paid services outside the platform applies to all tutors for a period of 12 months following the end of their engagement with BMEssentia, regardless of the reason for the end of engagement. This prohibition applies regardless of whether contact was initiated by the tutor or the student. Violation of this prohibition constitutes a breach of the Tutor Onboarding Contract and these Terms and will be pursued through all available legal remedies.

15.11 Access to Tutoring Data

Tutors may access their own cohort data, session records, student attendance, assignment submissions, payout records, and platform messages within their cohorts. Students may access their own session recordings, assignment feedback, Board Room content, and messages within enrolled cohorts. The BMEssentia team accesses all tutoring data for operational, verification, quality assurance, and dispute resolution purposes. Stripe processes payment and payout data under its own Privacy Policy. No tutoring data is sold, rented, licensed, or shared with any other third party.

15.12 Tutoring Data Retention

Tutoring data is retained for the periods in the table below, which are the same as those in Section 11.8 of the Privacy Policy.

15.13 Tutoring Security

All tutor credential documents are transmitted over encrypted connections and stored in access-controlled secure storage. Session recordings are stored in encrypted cloud infrastructure with restricted access. Payout data is processed through Stripe's PCI-compliant infrastructure. Platform messaging is transmitted and stored within BMEssentia's secure environment. Internal access to tutoring data is restricted on a need-to-know basis.

15.14 Tutoring Contact

For all questions, support, or requests relating to the tutoring feature contact specialistnetworksupport@bmessentia.com.

SECTION 16: THIRD-PARTY SERVICES AND LINKS

16.1 Third-Party Services

BMEssentia may integrate with or rely on third-party services for payment processing, email delivery, cloud hosting, analytics, and other platform functionality. Your use of these third-party services may be subject to their own terms and conditions. Our providers at launch are Stripe (payments), Vercel (hosting), Cloudflare (DNS, the Medical City service and downloads), Google Firebase / Google Cloud (accounts, database and storage), Resend (email), PostHog (analytics), Sentry (error reports) and Anthropic (the Claude model behind the Essentia Assistant); Section 5.1 of the Privacy Policy describes each.

16.2 Third-Party Links

The platform may contain links to third-party websites, resources, or services. BMEssentia does not control or endorse third-party content, is not responsible for third-party availability, accuracy, or practices, and is not liable for any damages arising from third-party interactions. Accessing third-party links is at your own risk.

16.3 Third-Party Content

Any third-party content, products, or services mentioned on BMEssentia are for informational purposes only and do not constitute endorsement or recommendation.

SECTION 17: DISCLAIMERS

THE BMESSENTIA PLATFORM AND ALL SERVICES, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, BMESSENTIA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, UNINTERRUPTED OR ERROR-FREE SERVICE, SECURITY OR FREEDOM FROM VIRUSES, AND RESULTS OR OUTCOMES FROM USE OF THE PLATFORM.

BMESSENTIA CONTENT IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, PROFESSIONAL ENGINEERING CERTIFICATION, LEGAL, FINANCIAL, OR CAREER ADVICE, OR GUARANTEE OF EMPLOYMENT OR SALARY OUTCOMES. ALWAYS CONSULT QUALIFIED PROFESSIONALS FOR PROFESSIONAL ADVICE.

BMESSENTIA DOES NOT GUARANTEE SPECIFIC LEARNING OUTCOMES, EXAM RESULTS OR ACADEMIC PERFORMANCE, EMPLOYMENT OR CAREER ADVANCEMENT, SALARY INCREASES OR FINANCIAL OUTCOMES, OR PROFESSIONAL CERTIFICATION OR LICENSURE. INDIVIDUAL RESULTS DEPEND ON MANY FACTORS BEYOND BMESSENTIA'S CONTROL.

SECTION 18: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMESSENTIA LLC-FZ, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ERRORS OR OMISSIONS IN CONTENT, UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA, SERVICE INTERRUPTIONS OR TECHNICAL FAILURES, ACTIONS OF THIRD PARTIES ON THE PLATFORM, DECISIONS MADE BASED ON PLATFORM CONTENT, ESSENTIA ASSISTANT RESPONSES OR RECOMMENDATIONS, LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES, OR ANY OTHER MATTER RELATING TO THE PLATFORM.

IN NO EVENT SHALL BMESSENTIA'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT YOU PAID TO BMESSENTIA IN THE 12 MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, BMESSENTIA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 19: INDEMNIFICATION

19.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless BMEssentia LLC-FZ, its officers, directors, shareholders, employees, agents, contractors, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses including reasonable legal fees and court costs arising from or related to your use of the platform, your violation of these Terms and Conditions, your violation of any applicable laws or regulations, your violation of any third-party rights including intellectual property rights, content you create, upload, or share on the platform, your interactions with other users, your negligence or willful misconduct, or any misrepresentation you make.

19.2 Defense and Settlement

BMEssentia reserves the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with BMEssentia in the defense of any such claim. You may not settle any claim without BMEssentia's prior written consent.

SECTION 20: TERMINATION

20.1 Termination by You

You may terminate your account at any time by cancelling your subscription through account settings, contacting team@bmessentia.net, or deleting your account through the platform where available. Upon termination your subscription will not renew, you retain access until the end of your current billing period, and no refunds are provided for unused time.

20.2 Termination by BMEssentia

BMEssentia may suspend or terminate your account, with notice explaining why where reasonably possible and immediately where necessary to protect BMEssentia, its users or to comply with law, if you violate these Terms and Conditions, violate the Community Guidelines or the Acceptable Use Policy, engage in fraudulent or illegal activity, share account access with others, create multiple accounts, fail to pay fees, misuse the platform, Medical City or the Essentia Assistant, engage in conduct harmful to BMEssentia or other users, access the platform for competitive intelligence purposes, or violate the competitor access prohibition in Section 2.5.

20.3 Effect of Termination

Upon termination your access to all content and features is immediately revoked, your license to use BMEssentia (including any Medical City licence) is terminated, you may lose access to progress, notes, and portfolio content, no refunds are provided for termination due to Terms violations, and BMEssentia may delete your data in accordance with our Privacy Policy. You may request a copy of your personal data before deletion as described in Section 24. A one-time Medical City licence is terminated only for a material breach of these Terms or the Medical City Software Licence.

20.4 Survival

The following sections survive termination of this Agreement: Intellectual Property (Section 13), Prohibited Uses (Section 14), Disclaimers (Section 17), Limitation of Liability (Section 18), Indemnification (Section 19), Governing Law and Disputes (Section 21), Confidentiality obligations, and General Provisions (Section 23), and Data Protection (Section 24).

SECTION 21: GOVERNING LAW AND DISPUTES

21.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai, without regard to conflict of law principles. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the country where they live, or of any right under that law to bring proceedings in the courts of that country.

21.2 Tutor Jurisdiction

For tutors specifically, UAE law governs this Agreement in all respects. However, nothing in this Agreement prevents a tutor from asserting rights they are entitled to under the mandatory employment or contractor protection laws of their own jurisdiction where those rights cannot lawfully be waived by contract. This carve-out is narrow and does not affect the application of UAE law to all other aspects of the tutor relationship.

21.3 Dispute Resolution

Any disputes, claims, or controversies arising from or relating to these Terms, your use of BMEssentia, or the relationship between you and BMEssentia shall be resolved as follows. Step 1, Negotiation: the parties shall first attempt to resolve any dispute amicably through direct negotiation. You must contact BMEssentia at team@bmessentia.net with a written description of the dispute. BMEssentia will respond within 30 days. The parties shall negotiate in good faith for at least 60 days before proceeding to arbitration. Step 2, Arbitration: if negotiation fails, disputes shall be resolved through binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules then in effect. The seat of arbitration is Dubai, UAE. The language is English. The number of arbitrators is one. The arbitrator's decision is final and binding. Step 3, Jurisdiction: for matters not subject to arbitration or for enforcement of arbitral awards, the courts of Dubai, UAE shall have exclusive jurisdiction.

21.4 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH BMESSENTIA ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST BMESSENTIA, CLASS-WIDE ARBITRATION, COLLECTIVE OR REPRESENTATIVE PROCEEDINGS, OR TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL.

21.5 Time Limitation

Any claim arising from or related to these Terms or your use of BMEssentia must be filed within ONE (1) YEAR of the date the cause of action arose. Claims filed after this period are permanently barred.

21.6 Injunctive Relief

Notwithstanding the above, BMEssentia may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, unauthorized extraction or reproduction of platform content, competitor access violations, or any other irreparable harm. BMEssentia may seek such relief without prior notice, without posting bond, and without any other precondition.

SECTION 22: CHANGES TO TERMS

22.1 Modifications

BMEssentia reserves the right to modify, update, or replace these Terms and Conditions at any time at our sole discretion.

22.2 Notice of Changes

We will notify users of material changes through email notification to your registered email address, in-app notification or banner, and updated Last Updated date at the top of these Terms.

22.3 Effective Date

Changes become effective immediately upon posting for minor or clarifying changes and 30 days after notice for material changes affecting your rights.

22.4 Continued Use

Your continued use of BMEssentia after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use and cancel your subscription.

SECTION 23: GENERAL PROVISIONS

23.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Refund Policy, Acceptable Use Policy, Community Guidelines and Accessibility Policy and, for Medical City, the Medical City Software Licence, constitute the entire agreement between you and BMEssentia LLC-FZ regarding your use of the platform. Institutional customers are additionally bound by their Institutional Licensing Contract and Data Processing Agreement. These Terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

23.2 Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

23.3 Waiver

BMEssentia's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BMEssentia.

23.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without BMEssentia's prior written consent. BMEssentia may assign its rights and obligations without restriction. Any attempted assignment in violation of this section is void.

23.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No third party has the right to enforce any provision of these Terms.

23.6 Force Majeure

BMEssentia shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, weather events, war, terrorism, civil unrest, government actions or regulations, pandemics or public health emergencies, internet or telecommunications failures, power outages, or third-party service provider failures.

23.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BMEssentia. You have no authority to bind BMEssentia in any manner.

23.8 Language

These Terms are written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

23.9 Electronic Communications

By using BMEssentia, you consent to receive electronic communications from us, including account-related emails, subscription and billing notifications, platform updates and announcements, and marketing communications with opt-out option. Electronic communications satisfy any legal requirement for written communication.

23.10 Notices

All formal legal notices to BMEssentia must be sent in writing to team@bmessentia.net. BMEssentia will send formal notices to your registered email address. Notices are effective upon confirmed delivery.

SECTION 24: DATA PROTECTION AND GDPR COMPLIANCE

24.1 Overview

BMEssentia LLC-FZ is committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union and the UK GDPR for users in the United Kingdom.

24.2 Data Controller

BMEssentia LLC-FZ acts as the data controller for personal data of visitors and individual users. For users whose seat is provided by an institution, the institution is the data controller and BMEssentia acts as its data processor (Section 12.9). Contact: team@bmessentia.net (subject line "Privacy Request"). Registered in: Dubai, United Arab Emirates.

24.3 Legal Basis for Processing

We process your personal data on the following legal bases: contractual necessity to provide platform access and fulfil your subscription; legitimate interests to improve the platform, ensure security, and prevent fraud; legal obligation where we are required to process data to comply with applicable law; and consent where you have explicitly opted in such as for marketing communications.

24.4 Your Rights Under GDPR

If you are located in the EU or UK, you have the right of access to request a copy of the personal data we hold about you; right to rectification to request correction of inaccurate or incomplete data; right to erasure to request deletion of your personal data; right to restriction to request that we limit how we process your data; right to data portability to receive your data in a structured machine-readable format; right to object to processing based on legitimate interests or for direct marketing; and right to withdraw consent where processing is based on consent. To exercise any of these rights, contact team@bmessentia.net. We will respond within 30 days. If your seat is provided by an institution, please send your request to your institution; requests we receive about institution-provided seats are forwarded to the institution within 48 hours.

24.5 International Data Transfers

BMEssentia LLC-FZ is based in Dubai, UAE. If you are located in the EU or UK, your data may be transferred to and processed in countries outside the European Economic Area. Where such transfers occur, we ensure appropriate safeguards are in place including standard contractual clauses approved by the European Commission.

24.6 Data Retention

We retain your personal data only for as long as necessary to fulfil the purposes for which it was collected, including for the duration of your subscription and as required by applicable law. Upon account deletion, your data will be removed within 90 days unless retention is required by law.

24.7 Complaints

If you believe we have not handled your data appropriately, you have the right to lodge a complaint with your local data protection authority. EU users may contact their national supervisory authority. UK users may contact the Information Commissioner's Office at www.ico.org.uk.

SECTION 25: CONTACT INFORMATION

For questions, concerns, or support regarding these Terms and Conditions:

• General Support: team@bmessentia.net
• Tutoring Support: specialistnetworksupport@bmessentia.com
• Institutional Support: institutionalsupport@bmessentia.com
• Data and Privacy: team@bmessentia.net (subject line "Privacy Request")
• Website: www.bmessentia.com
• Platform: platform.bmessentia.com
• Response Time: BMEssentia aims to respond to all inquiries within 48 business hours

BMEssentia LLC-FZ, Dubai, United Arab Emirates

SECTION 26: ACKNOWLEDGMENT