Online Course Terms and Conditions

1. The Course

Nomad Sculpt Foundations is an online video-based training program developed by Splintech that teaches an introductory workflow for designing custom upper-extremity splints from three-dimensional (3D) hand and forearm scans using the third-party application commonly known as Nomad Sculpt. The Course consists of pre-recorded video lessons, written explanations, supporting materials, sample files (including a sample 3D scan file), graphics, and other content selected and produced by Splintech (collectively, the “Course Content”). The Course is offered on an as-is basis and Splintech may, in its sole discretion, add to, modify, supplement, or discontinue any portion of the Course Content at any time without notice.

2. Eligibility

The Course is intended for individual professional and educational use by users who are at least eighteen (18) years of age and capable of forming a legally binding contract under applicable law. By purchasing or accessing the Course, you represent and warrant that you meet these eligibility requirements and that all information you provide in connection with your purchase is true, accurate, and complete.

3. Purchase, Pricing, and Payment

Pricing for the Course is as displayed on the Splintech website at the time of purchase and is exclusive of any applicable taxes, fees, or surcharges, which are your sole responsibility. Splintech reserves the right to modify pricing, promotions, and payment terms at any time without notice; provided, however, that any change in pricing will not affect a Course already purchased prior to the effective date of the change. All payments are processed by a third-party payment processor, and you authorize Splintech and that processor to charge your designated payment method for the purchase price and any applicable taxes. By submitting payment, you represent and warrant that you are authorized to use the payment method provided.

4. Refund Policy

Because the Course consists of digital content that becomes immediately available upon purchase, all sales are final and non-refundable, except where required by applicable law. Splintech may, in its sole discretion, consider refund requests submitted in writing within seven (7) days of purchase where the User has not accessed more than fifteen percent (15%) of the Course Content, has not downloaded any sample files or other materials, and has not violated any provision of these Terms. Approved refunds will be issued to the original method of payment, less any applicable processing fees. The grant of any single refund does not entitle the User to any further refund and does not create a right or expectation of refund in any other circumstance.

5. License Grant; No Transfer of Ownership

Subject to your continued compliance with these Terms and timely payment of all applicable fees, Splintech grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Course Content for your own individual, non-commercial educational use, and solely in connection with a single User account and a single Access Code. You are purchasing a license to access and view the Course Content; you are not purchasing the Course Content itself, the underlying intellectual property, or any copy of the Course Content. All right, title, and interest in and to the Course and the Course Content remain with Splintech, and you obtain only the limited license expressly granted in these Terms. No ownership, joint ownership, or transfer of any intellectual property right is conveyed by these Terms or by any purchase of the Course.

6. Restrictions on Use

The license granted in Section 5 is conditioned on your strict compliance with the following restrictions. You shall not, and shall not authorize, encourage, or permit any third party to, directly or indirectly:

• share, lend, transfer, sell, resell, sublicense, rent, lease, distribute, broadcast, publish, post, stream, or otherwise make available the Course Content, the Access Code, your account credentials, any link to the Course, or any portion of the foregoing to any other person or entity;
• permit the Course Content to be accessed or used by any individual other than the single User who purchased the license, including any colleague, assistant, employee, family member, or student;
• record, screen-record, screenshot (other than for personal note-taking on a single device), photograph, transcribe, copy, download, save, mirror, scrape, harvest, cache, or otherwise reproduce any portion of the Course Content, except where a download function is expressly provided within the Course interface and then only in accordance with these Terms;
• modify, adapt, translate, edit, annotate for distribution, create derivative works of, reverse engineer, decompile, or disassemble any Course Content;
• remove, alter, or obscure any copyright, trademark, watermark, attribution, or other proprietary notice contained in or on the Course Content;
• use the Course Content (in whole or in part) to develop, train, fine-tune, evaluate, validate, or otherwise contribute to any artificial intelligence, machine-learning, large language, or generative model, dataset, index, or system;
• use the Course Content to create, market, teach, or sell any competing course, training, tutorial, curriculum, video, written work, or other instructional material;
• use the Course Content for any commercial purpose, including any institutional, group, classroom, continuing-education, employer-sponsored, or for-profit training, except under a separate written license signed by Splintech;
• publicly perform or publicly display the Course Content, including by streaming or playing it during any meeting, presentation, webinar, social-media post, livestream, or other event open to persons other than the licensed User;
• circumvent, disable, attempt to defeat, or interfere with any access controls, password protections, watermarking, digital rights management, or other security or technological protection measure used in connection with the Course;
• use the Course Content in any manner that violates any applicable law, infringes the rights of any third party, or breaches these Terms.

Each of the foregoing restrictions is a material term of these Terms. Splintech reserves all rights not expressly granted, and any use of the Course Content beyond the scope of the license expressly granted in these Terms shall constitute both a breach of these Terms and an infringement of Splintech’s intellectual property rights.

7. Access Code; Account Security

Access to the Course Content is controlled by an alphanumeric access code or comparable credential issued by Splintech (the “Access Code”). The Access Code is personal to the User who purchased the license, may be used by that User only, and is not transferable. Splintech may, in its sole discretion and without notice, periodically rotate, change, deactivate, or replace the Access Code as a security or content-protection measure. You agree to keep the Access Code, your account credentials, and any URL provided by Splintech for accessing the Course Content strictly confidential, to take reasonable measures to prevent unauthorized access, and to notify Splintech promptly of any suspected loss, theft, sharing, or unauthorized use of the Access Code or your account. You are responsible for all activity occurring under your Access Code or account, regardless of whether the activity is authorized by you, except to the extent such activity arises from Splintech’s gross negligence or willful misconduct.

8. Intellectual Property

The Course, the Course Content, the Splintech-developed workflow, sequence of operations, sculpting techniques, design methods, sample files, written commentary, narration, graphics, audio, video, software, photographs, logos, names, titles, trade dress, look and feel, and the selection, arrangement, and organization of the foregoing (collectively, the “Splintech IP”) are owned by Splintech and protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Methods of designing custom upper-extremity splints from 3D scans that are taught in the Course represent proprietary know-how and trade secrets of Splintech, the disclosure or unauthorized use of which would cause substantial and irreparable harm to Splintech.

Except for the limited license expressly granted in Section 5, no right, title, or interest in or to the Splintech IP is granted, transferred, or licensed to you under these Terms, whether by implication, estoppel, exhaustion, or otherwise. The trademarks, trade names, service marks, and logos of Splintech, including without limitation “SPLINTECH” and any associated stylized marks, are the exclusive property of Splintech, and you shall not use any of them without Splintech’s prior written consent.

9. Sample Files and Downloadable Materials

If Splintech makes available any sample 3D scan file, template, worksheet, or other downloadable material in connection with the Course (each a “Sample File”), you are granted a limited license to use the Sample File solely on a single device for the purpose of following along with and practicing the techniques taught in the Course. You may not distribute, share, post, sell, sublicense, repurpose for fabrication or commercial use, post on any cloud or repository service that is publicly accessible or accessible to anyone other than yourself, or use any Sample File to design or fabricate splints or other products for sale, prescription, or distribution to any third party. The Sample Files are provided “AS IS” and are not represented as being clinically appropriate for any individual patient or anatomical use.

10. Third-Party Software

The Course teaches techniques performed within third-party software, including without limitation the application commonly known as Nomad Sculpt (the “Third-Party Software”). The Third-Party Software is not owned, licensed, sold, distributed, supported, sponsored, endorsed, or controlled by Splintech. You are solely responsible for separately and lawfully obtaining the Third-Party Software, complying with the publisher’s end-user license agreement, paying any associated fees, and using the Third-Party Software in accordance with its terms. Splintech makes no representation or warranty regarding the Third-Party Software’s availability, performance, features, pricing, or compatibility, and any references to the Third-Party Software in the Course are for instructional purposes only and do not imply any affiliation, sponsorship, or endorsement.

11. Educational Purpose; No Professional Advice

The Course is provided strictly for general educational and informational purposes. Splintech is not a licensed medical, dental, occupational therapy, physical therapy, prosthetic, orthotic, or other healthcare provider, and the Course Content does not constitute medical, clinical, diagnostic, treatment, prescriptive, or professional advice. Custom splints involve clinical judgment that must be made by an appropriately licensed professional after individualized evaluation of the patient. Nothing in the Course is intended to replace, override, or substitute for the independent professional judgment of a qualified healthcare provider acting within his or her scope of practice and applicable law. Any application of techniques learned through the Course to actual patient care is undertaken solely at the User’s own professional discretion and risk, and the User assumes full responsibility for compliance with all applicable laws, regulations, scope-of-practice rules, licensing requirements, FDA classifications, and clinical standards.

12. Disclaimers; No Warranties

THE COURSE, THE COURSE CONTENT, AND ANY SAMPLE FILES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPLINTECH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, Splintech does not warrant that the Course will meet your requirements, that any particular technique will be suitable for your purposes, that the Course Content will be uninterrupted, error-free, secure, complete, current, or free of viruses or other harmful components, that any defects will be corrected, or that you will achieve any particular skill, professional, clinical, or commercial outcome by completing the Course. Some jurisdictions do not allow the disclaimer of certain implied warranties; in such jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by applicable law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLINTECH OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PROFESSIONAL OR CLINICAL OUTCOMES, ARISING OUT OF OR RELATING TO THE COURSE, THE COURSE CONTENT, ANY SAMPLE FILE, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH CLAIM IS BASED, AND EVEN IF SPLINTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPLINTECH AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND AFFILIATES ARISING OUT OF OR RELATING TO THE COURSE OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO SPLINTECH FOR THE COURSE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).

The limitations and exclusions set forth in this Section 13 apply notwithstanding the failure of essential purpose of any limited remedy and are an essential basis of the bargain between the parties; without these limitations, Splintech would not provide the Course on the economic terms offered. Some jurisdictions do not allow certain limitations or exclusions of liability; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted by applicable law.

14. Indemnification

To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless Splintech and its members, managers, officers, employees, agents, subcontractors, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and the costs of investigation, arising out of or relating to: (a) your access to or use of the Course or any Course Content; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any law, regulation, or right of any third party, including any intellectual-property right, privacy right, or right of publicity; (d) any content you upload, submit, or transmit in connection with the Course; (e) the application by you, or by any patient, client, or third party at your direction, of techniques or information learned in the Course to any actual splint design, fabrication, fitting, treatment, or product; and (f) any unauthorized sharing, distribution, reproduction, recording, or other unauthorized exploitation of the Course Content or Access Code. Splintech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Splintech in the defense of such matter.

15. Suspension and Termination

Splintech may suspend, restrict, revoke, deactivate, or terminate your Access Code, your account, or your right to use any portion of the Course, in whole or in part, at any time, with or without notice, including without limitation if Splintech believes in good faith that you have breached or are likely to breach these Terms; that your Access Code or account credentials have been shared, compromised, or used by an unauthorized person; that you have engaged in any unauthorized recording, copying, or distribution of the Course Content; or that your continued access poses a risk to Splintech, the Course Content, or any third party. Upon termination, all rights and licenses granted to you under these Terms shall immediately cease, you shall delete or destroy any locally stored Course Content (other than personal handwritten or typed notes), and you shall not be entitled to any refund. Sections 5 (last sentence), 6, 8, 9, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, and any other provisions that by their nature should survive, shall survive termination.

16. Modifications to the Course and to These Terms

Splintech may, in its sole discretion and at any time, modify, supplement, correct, replace, or remove any portion of the Course Content. Splintech may also modify these Terms from time to time by posting an updated version on its website with a new effective date. The updated Terms will apply to all access to and use of the Course after the new effective date. If you do not agree to any modification, your sole remedy is to discontinue using the Course; continued access to or use of the Course following posting of an updated version constitutes acceptance of the updated Terms.

17. DMCA and Copyright Enforcement

Splintech respects intellectual property rights and expects Users and third parties to do the same. Splintech will respond to properly submitted notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). Notices of alleged infringement of Splintech’s copyrights or other intellectual property rights, and DMCA notices regarding content available through Splintech, should be directed to the contact information set forth in Section 23. Splintech may, in its sole discretion, suspend, terminate, or remove access to any User found to be a repeat infringer.

18. Privacy

Your purchase of, registration for, and use of the Course is also subject to Splintech’s Privacy Policy, available on the Splintech website and incorporated by reference into these Terms. By accepting these Terms, you acknowledge that you have read and agree to the Privacy Policy.

19. Equitable Relief

You acknowledge and agree that any breach or threatened breach by you of Sections 5, 6, 7, 8, or 9 (collectively, the “IP Provisions”) would cause irreparable harm to Splintech for which monetary damages would be inadequate, and that, in addition to any other remedies available at law or in equity, Splintech shall be entitled to seek injunctive and other equitable relief to enforce the IP Provisions without the necessity of posting bond or proving actual damages.

20. Governing Law; Forum; Class-Action and Jury-Trial Waiver

These Terms, and any dispute, claim, or cause of action arising out of or relating to these Terms, the Course, or the Course Content, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any such dispute shall be brought exclusively in the Superior Court of New Jersey, Bergen County, or the United States District Court for the District of New Jersey, and you irrevocably consent to the personal jurisdiction and venue of those courts.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE COURSE. ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR OR COURT (AS APPLICABLE) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

21. Time Limitation on Claims

Except for claims by Splintech to enforce its intellectual property rights, any cause of action arising out of or relating to the Course or these Terms must be filed within one (1) year after the cause of action accrues, or it shall be permanently barred.

22. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Splintech regarding the Course and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the same subject matter.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if it cannot be so modified, severed from these Terms, and the remaining provisions shall remain in full force and effect.

No Waiver. No failure or delay by Splintech in exercising any right under these Terms shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude any other or further exercise.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without Splintech’s prior written consent. Splintech may freely assign these Terms in whole or in part. Any purported assignment in violation of this provision is null and void.

Force Majeure. Splintech shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, governmental actions, war, civil disturbance, labor disputes, internet or telecommunications failures, hosting or platform outages, and supply-chain disruptions.

Relationship of the Parties. These Terms do not create any agency, partnership, joint-venture, employment, fiduciary, or franchise relationship between the parties.

Headings; Interpretation. Section headings are for convenience only and have no legal effect. The words “including,” “include,” and “such as” shall be deemed to be followed by “without limitation.”

Electronic Communications and Signatures. By accepting these Terms, you consent to receive communications from Splintech in electronic form and agree that any agreement, notice, disclosure, or other communication that Splintech provides to you electronically satisfies any legal requirement that such communication be in writing. You further agree that your acceptance of these Terms by clicking “I Agree,” checking an acceptance box, or completing a purchase has the same legal effect as a handwritten signature.

23. Contact Information

Questions, notices, refund requests, infringement notices, and other communications regarding these Terms or the Course should be directed to:

24. Acknowledgment

BY CLICKING “I AGREE,” CHECKING THE ACCEPTANCE BOX, COMPLETING YOUR PURCHASE, ENTERING THE ACCESS CODE, OR ACCESSING THE COURSE CONTENT, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS, (B) YOU AGREE TO BE BOUND BY THEM, (C) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND (D) YOU UNDERSTAND THAT THE COURSE CONTENT IS LICENSED, NOT SOLD, AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL INTELLECTUAL PROPERTY LAWS.