TERMS AND CONDITIONS

Effective Date: October 13, 2026 Last Updated: October 13, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the ENDPEAK website, applications, platform, products, educational materials, question banks, practice examinations, adaptive examinations, study tools, artificial intelligence features, videos, live sessions, and any other services made available by us (collectively, the “Services”).

The Services are operated by END PEAK, S.L., a Spanish limited liability company (S.L.) organized under the laws of Spain, with a registered address at Camí Nou de Picanya, 31, Escalera Izquierda, Puerta 2, 46014 Valencia, Spain (“ENDPEAK,” “Company,” “we,” “us,” or “our”).

By creating an account, purchasing a plan, accessing a free trial, or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Services.

1. ABOUT ENDPEAK

ENDPEAK is an independent educational platform designed to help users prepare for professional licensing and certification examinations, including the NCLEX-RN® examination and other examinations that may be supported by the platform from time to time.

ENDPEAK may provide educational features including, without limitation:

baseline, diagnostic, or other educational assessments;
structured nursing study materials and RN-topic learning content;
question banks and targeted practice;
practice examinations and other exam simulations;
Next Generation NCLEX-style question formats and case studies;
computerized adaptive testing (“CAT”) simulations;
personalized study plans and study recommendations;
readiness indicators, performance analytics, and progress tracking;
flashcards, study text, audio, and other learning formats;
artificial intelligence-powered educational assistance, including an AI Tutor;
on-demand, scheduled, premiere, recorded, or live educational media;
achievements and other engagement features; and
other learning tools and features.

The specific Services available may depend on your account type, subscription plan, location, product configuration, or other eligibility requirements.

2. INDEPENDENT SERVICE; NO AFFILIATION WITH NCSBN OR PEARSON VUE

ENDPEAK is an independent educational service.

ENDPEAK is not affiliated with, endorsed by, sponsored by, approved by, or associated with the National Council of State Boards of Nursing, Inc. (“NCSBN”), Pearson VUE, any nursing regulatory body, or any other official examination administrator or licensing authority.

NCLEX®, NCLEX-RN®, NCLEX-PN®, NCSBN®, and related names, marks, and logos are trademarks or registered trademarks of their respective owners.

Any reference to an examination, certification, trademark, organization, testing methodology, or examination format is made solely for descriptive and educational purposes.

ENDPEAK does not claim that its questions, simulations, scoring models, or educational content are official examination materials.

3. NO REAL EXAMINATION QUESTIONS

ENDPEAK does not knowingly use, solicit, purchase, reproduce, distribute, or encourage the disclosure of confidential questions from an actual NCLEX® examination or any other protected licensing or certification examination.

You agree that you will not:

submit actual examination questions that you encountered during an official examination;
reproduce or reconstruct official examination questions from memory;
upload confidential examination materials;
use ENDPEAK's artificial intelligence, live sessions, chat systems, community features, or other Services to reconstruct official examination content;
request that another user provide actual examination questions;
distribute or discuss confidential examination content through the Services; or
otherwise use ENDPEAK to violate examination confidentiality requirements.

ENDPEAK questions and case studies are independently created educational materials or lawfully licensed materials intended to simulate concepts, formats, difficulty levels, and testing principles relevant to the applicable examination.

We may remove content, restrict access, suspend accounts, or take other appropriate action when we reasonably believe the Services are being used to distribute or obtain confidential examination materials.

4. EDUCATIONAL PURPOSES ONLY

The Services are provided exclusively for educational and exam-preparation purposes.

ENDPEAK does not provide:

nursing licensure;
professional certification;
academic credit;
continuing education credit unless expressly stated;
legal advice;
medical advice;
diagnosis;
treatment recommendations for actual patients; or
professional clinical supervision.

Educational information presented through ENDPEAK must not be used as a substitute for professional judgment, applicable clinical protocols, current medical references, institutional policies, applicable law, or advice from appropriately qualified healthcare professionals.

You must never rely on ENDPEAK to make decisions concerning the diagnosis, treatment, medication, care, or safety of an actual patient.

5. NO GUARANTEE OF EXAMINATION SUCCESS OR LICENSURE

ENDPEAK does not guarantee that use of the Services will result in:

passing the NCLEX® or any other examination;
obtaining a particular examination score;
obtaining professional licensure or certification;
admission to an educational institution or professional program;
employment; or
any particular educational or professional outcome.

Your examination performance depends on numerous factors outside ENDPEAK's control.

Scores, readiness indicators, predicted results, CAT results, performance levels, probabilities, recommendations, and other analytics displayed by ENDPEAK are educational estimates only.

A PASS result, readiness score, predicted probability, or other favorable result generated by ENDPEAK does not mean that you will pass an official examination.

Similarly, a FAIL result or unfavorable performance estimate does not mean that you will fail an official examination.

Only the applicable examination authority or licensing authority can determine your official examination result or licensure status.

6. ACCOUNT ELIGIBILITY

You must be at least eighteen (18) years old or the age of legal majority in your jurisdiction, whichever is greater, to create an account or purchase the Services.

By using the Services, you represent and warrant that:

you meet these eligibility requirements;
the information you provide is accurate and complete;
you have legal capacity to enter into these Terms; and
your use of the Services does not violate applicable law.

7. YOUR ACCOUNT

Certain Services require you to create an account.

You are responsible for:

providing accurate account information;
maintaining the confidentiality of your login credentials;
maintaining control over devices used to access your account;
promptly updating inaccurate or outdated information; and
all activity conducted through your account.

Accounts are personal and may not be sold, transferred, assigned, rented, or shared with another person.

You must notify us promptly at contact@endpeak.com if you believe that your account has been accessed without authorization.

We may require additional verification when we reasonably suspect unauthorized access, account sharing, fraud, or misuse.

8. FREE ACCESS

ENDPEAK may make certain portions of the Services available without payment.

Free users may have access to a limited selection of question-bank content, educational media, study tools, demonstrations, historical results, or other features determined by ENDPEAK.

The number, type, selection, functionality, timing, and availability of free features may change from time to time and may differ from the features available during a trial or paid access period.

Providing a feature free of charge does not create an obligation for ENDPEAK to continue providing that feature indefinitely.

9. FREE TRIAL

ENDPEAK may offer eligible new users a limited free trial.

The duration, included features, eligibility requirements, and any other conditions of a trial will be displayed when the trial is offered. The availability or duration of a trial may change over time.

No payment method is required for a free trial when expressly stated during registration.

Where no payment method is collected, the free trial:

does not automatically convert into a paid subscription;
does not generate a charge when the trial ends; and
ends automatically at the expiration of the trial period.

After expiration, premium functionality may become unavailable unless you purchase an eligible plan.

Where technically supported, your account, study history, results, and progress may remain associated with your account so that you may continue from your previous progress after purchasing access.

We may modify, discontinue, restrict, or determine eligibility for free trials at any time.

Unless expressly authorized by us, each person is entitled to only one free trial. Creating multiple accounts or otherwise attempting to obtain repeated trials may result in account restriction or termination.

10. PAID PLANS

ENDPEAK may offer different types of paid access, including recurring subscriptions and fixed-duration access plans.

The price, duration, features, billing frequency, applicable taxes, and renewal terms applicable to a purchase will be disclosed before you complete the transaction.

Monthly Subscriptions

If you purchase a monthly subscription, your subscription will automatically renew for successive monthly billing periods unless you cancel it before the next renewal date.

By purchasing an automatically renewing subscription, you expressly authorize the applicable payment provider to charge the payment method associated with your purchase at the disclosed recurring price, plus applicable taxes, until the subscription is canceled.

Fixed-Duration Plans

ENDPEAK may offer prepaid access for a specified period, such as 90-day, 180-day, or other fixed-duration access displayed at checkout.

Unless expressly stated otherwise during checkout, a fixed-duration plan is a one-time purchase and does not automatically renew.

Access ends when the purchased period expires unless you purchase additional access.

11. PRICING AND TAXES

Current prices are displayed on the ENDPEAK website or during checkout.

We may change our prices at any time.

Price changes will not retroactively change the price of a period that you have already purchased.

For automatically renewing subscriptions, any price change applicable to future renewal periods will be communicated when required by applicable law.

Prices may exclude sales tax, value-added tax, use tax, or similar governmental charges. Applicable taxes may be calculated and collected during checkout based on your location and applicable law.

12. PAYMENT PROCESSING AND MERCHANT OF RECORD

Where paid checkout is made available through Paddle, the following payment provisions apply.

For transactions processed by Paddle, Paddle acts as the merchant of record and authorized reseller. This means that your payment transaction is processed by the applicable Paddle entity, while ENDPEAK provides and licenses access to the Services you purchase.

Paddle may be responsible for activities including payment processing, applicable sales taxes or value-added taxes, invoicing, subscription billing, chargebacks, and transaction-related refunds in accordance with Paddle's terms and applicable law.

By completing a purchase through Paddle, you may also be required to agree to Paddle's then-current buyer terms, privacy notice, and refund policy presented during or in connection with checkout.

ENDPEAK does not receive or store your complete payment-card number when the transaction is processed directly by Paddle.

We are not responsible for failures caused solely by Paddle, a financial institution, card network, or another third-party payment service outside our reasonable control, except to the extent responsibility cannot be excluded under applicable law.

If we change our payment provider or merchant-of-record arrangement, the provider and applicable transaction terms presented at checkout will govern the relevant purchase.

13. CANCELLATION

You may cancel an automatically renewing subscription through the cancellation mechanism made available in your account, through the applicable Paddle customer-management or billing portal, or through another cancellation method communicated to you.

Cancellation prevents future renewal charges after the effective cancellation date.

Unless otherwise required by applicable law or expressly stated at the time of cancellation, cancellation does not terminate access immediately. You may continue using the paid Services through the end of the billing period for which you have already paid.

After the paid period ends, your account may revert to free access or another applicable access level.

Canceling a subscription does not automatically delete your ENDPEAK account.

Any mandatory cancellation or withdrawal right available to you under applicable consumer law remains unaffected.

14. REFUNDS, WITHDRAWAL RIGHTS, AND BILLING DISPUTES

Refunds and withdrawal rights depend on the type of purchase, the applicable Paddle transaction terms, and any mandatory consumer-protection law that applies to you.

Except where a refund, cancellation, withdrawal, charge correction, or other remedy is required by applicable law, provided under Paddle's applicable buyer or refund terms, or expressly offered by ENDPEAK, purchases are non-refundable.

This may include, without limitation:

monthly subscription charges;
fixed-duration access plans;
partially used access periods;
unused access periods;
failure to use the Services;
examination scheduling changes;
failure to take an examination;
passing or failing an examination;
dissatisfaction with an examination result;
changes to your personal study schedule; and
discontinuation of your own use of the Services.

Canceling a recurring subscription prevents future renewal charges after cancellation becomes effective but does not, by itself, create a right to a refund for amounts already paid.

Consumers in some jurisdictions, including the European Economic Area and the United Kingdom, may have a statutory right to withdraw from certain distance contracts within a specified period. For digital content or digital services made available immediately, applicable law may permit that right to end once performance begins where the consumer has given the legally required prior consent and acknowledgment.

Nothing in these Terms limits any consumer right that cannot legally be waived or restricted.

For transactions processed by Paddle, refund and withdrawal requests may be handled by Paddle in accordance with its applicable buyer terms and refund policy. Additional information is available in our Billing, Cancellation & Refund Policy. If you believe you have been charged incorrectly or need assistance with access to the Services, you may also contact contact@endpeak.com.

15. FAILED PAYMENTS

If a recurring payment cannot be completed, we or our payment provider may attempt to process the payment again.

Access to paid Services may be restricted or suspended until payment is successfully completed.

You remain responsible for valid charges incurred before cancellation or termination.

16. STUDY CONTENT, ASSESSMENTS, STUDY PLANS, AND QUESTION BANKS

ENDPEAK attempts to provide accurate, relevant, and educationally appropriate content.

The Services may include baseline or diagnostic-style assessments used to identify study priorities, structured RN-topic learning materials, personalized study-plan recommendations, question-bank practice, review states, rationales, flashcards, study text, audio, and related educational tools.

Baseline, diagnostic, study-plan, recommendation, and question-bank outputs are educational tools. They are not official NCLEX results, do not establish clinical competence, and should not be interpreted as a guarantee of examination success.

The composition, selection, availability, sequencing, difficulty, categorization, or presentation of educational content may change as the Services evolve.

Healthcare knowledge, professional standards, examination plans, regulations, medications, clinical recommendations, and testing methodologies may also change over time.

We do not warrant that every piece of educational content will always be complete, error-free, or current.

We may revise, replace, correct, remove, recategorize, or update educational content at any time.

Users are encouraged to report suspected errors using the reporting tools provided by the platform or by contacting us.

17. PRACTICE EXAMS, CAT EXAMINATIONS, AND SIMULATIONS

ENDPEAK may provide practice examinations, custom or configured practice sessions, case-study examinations, and computerized adaptive testing simulations.

These examinations and simulations are educational products and are not the official NCLEX® examination.

Practice examinations may use a fixed or user-selected configuration. CAT simulations may adapt question selection or examination length based on the rules and educational models implemented by ENDPEAK.

Although ENDPEAK may attempt to model publicly available examination methodologies, test plans, item formats, scoring principles, stopping rules, clinical judgment frameworks, difficulty adaptation, and other characteristics, ENDPEAK does not represent that any practice or adaptive examination engine is identical to the proprietary algorithms, scoring systems, item pools, psychometric processes, or decision rules used by NCSBN, Pearson VUE, or any official examination administrator.

Scores, reports, confidence indicators, ability estimates, PASS/FAIL-style outcomes, and other results generated by ENDPEAK are educational estimates intended to assist with study planning and self-assessment.

The availability of a particular examination mode, the ability to resume or retake an examination, and the retention or presentation of historical examination results may depend on the feature, access level, product version, and technical configuration then in effect.

18. ARTIFICIAL INTELLIGENCE FEATURES

Certain ENDPEAK Services may use artificial intelligence (“AI”) technologies to provide explanations, educational assistance, summaries, recommendations, study guidance, conversational responses, or other functionality.

AI-generated information may occasionally be inaccurate, incomplete, outdated, misleading, or inappropriate for a particular situation.

You acknowledge that:

AI output should not be assumed to be correct solely because it was generated by ENDPEAK;
citations, retrieved source material, or links displayed with an AI response do not guarantee that the response is complete or correct;
AI-generated content does not constitute medical or professional advice;
AI output must not be used to make clinical decisions regarding actual patients;
important educational information should be independently verified when appropriate; and
ENDPEAK does not guarantee the accuracy of any individual AI response.

You must not enter identifiable patient information, protected health information, confidential employer information, examination-confidential information, or other information that you are not legally authorized to provide into ENDPEAK's AI features.

19. VIDEO, PREMIERE, AND LIVE EDUCATIONAL CONTENT

ENDPEAK may provide on-demand video libraries, scheduled or premiere educational content, recorded lessons, live educational sessions, tutoring sessions, webinars, or similar experiences.

The availability of media may depend on your access level, account status, release schedule, geographic availability, or other eligibility rules shown in the Services.

Scheduled or premiere content may become available, remain available for a defined period, remain available without a fixed end date, or later move to another part of the Services.

Schedules, instructors, frequency, duration, topics, release windows, and availability may change.

Registration may be required for certain live sessions.

A scheduled instructor may be replaced when reasonably necessary.

Temporary technical problems, instructor availability, connectivity issues, emergencies, licensing limitations, or other circumstances may require ENDPEAK to reschedule, modify, restrict, replace, or cancel particular media or live content.

Unless expressly stated otherwise, access to a particular video, premiere, recording, or live session is not guaranteed as an individual component of a subscription or access plan.

Where permitted, ENDPEAK may record Company-hosted sessions for later educational use.

If a recording may capture a participant's voice, image, or other personally identifiable participation, additional notice or consent will be provided where required by applicable law.

20. COMMUNITY, CHAT, AND INTERACTIVE FEATURES

Certain Services may allow users to communicate with instructors, ENDPEAK personnel, AI systems, or other users.

You must interact respectfully and lawfully.

You may not post or transmit:

threats;
harassment;
hateful or discriminatory content;
sexually explicit content;
spam;
scams;
fraudulent content;
malware;
illegal content;
confidential examination materials;
personally identifiable patient information;
protected health information you are not authorized to disclose;
content that infringes intellectual property rights; or
content intended to interfere with the experience of other users.

We may moderate interactive features using human review, automated systems, rate limits, temporary restrictions, content filters, warnings, suspensions, or other technical measures.

We are not required to publish, retain, or distribute any user communication.

21. LICENSE TO USE THE SERVICES

Subject to these Terms and payment of any applicable fees, ENDPEAK grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your own personal educational purposes.

This license does not transfer ownership of any ENDPEAK intellectual property to you.

22. ENDPEAK INTELLECTUAL PROPERTY

Except where otherwise stated, ENDPEAK and its licensors own all rights, title, and interest in the Services and their contents, including:

educational lessons;
written study materials;
practice questions;
question banks;
case studies;
answer choices;
explanations and rationales;
flashcards;
videos;
audio content;
graphics;
designs;
interfaces;
software;
source code;
databases;
data structures;
algorithms;
examination simulations;
CAT systems;
scoring systems;
study-plan systems;
analytics systems;
AI workflows;
branding;
logos;
trademarks;
compilations; and
other original materials.

These materials are protected by copyright, trademark, trade secret, database, and other intellectual property laws.

Except as expressly permitted in writing by ENDPEAK, you may not reproduce, distribute, publicly display, sell, license, publish, upload, create derivative works from, commercially exploit, or otherwise use ENDPEAK content outside the Services.

23. PROHIBITED USE

You may not:

share your account with another person;
sell, rent, sublicense, or transfer access to the Services;
systematically copy or download ENDPEAK content;
scrape, crawl, spider, harvest, or automatically extract content or data from the Services;
use bots or automated systems to access the Services without our authorization;
copy or build a competing question bank using ENDPEAK content;
use ENDPEAK content to train, fine-tune, evaluate, or develop an artificial intelligence or machine-learning system without our written permission;
reproduce substantial portions of ENDPEAK questions or educational materials;
publicly distribute screenshots, recordings, downloads, or copies of paid content;
reverse engineer or attempt to discover the source code, algorithms, security mechanisms, scoring logic, or non-public technical architecture of the Services except where such restriction is prohibited by law;
interfere with or overload the Services;
bypass access restrictions, rate limits, security controls, subscription restrictions, or technical protections;
circumvent restrictions using multiple accounts, automation, proxies, VPNs, TOR, identity manipulation, or other technical methods when used for fraudulent, abusive, or unauthorized purposes;
probe or test vulnerabilities without written authorization;
introduce malware or malicious code;
impersonate another person;
use fraudulent payment information;
use the Services to violate the rights of another person;
use the Services in violation of applicable law; or
assist another person in doing any of the foregoing.

24. USER FEEDBACK

If you provide suggestions, recommendations, ideas, corrections, feature requests, or other feedback concerning ENDPEAK (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, implement, commercialize, and otherwise exploit that Feedback without compensation or obligation to you.

This section does not transfer ownership of personal information governed by our Privacy Policy.

25. THIRD-PARTY SERVICES

The Services may rely on or integrate with third-party providers, including providers of:

cloud infrastructure;
artificial intelligence;
email delivery;
video hosting;
analytics;
authentication;
payment processing; and
other technical services.

The availability of some ENDPEAK functionality may therefore depend on third parties.

We are not responsible for independent third-party services, websites, products, policies, or actions except to the extent required by applicable law.

Links to third-party websites do not constitute endorsement.

26. SERVICE AVAILABILITY

We aim to provide reliable access to the Services, but we do not guarantee uninterrupted or error-free availability.

The Services may occasionally be unavailable because of:

maintenance;
updates;
infrastructure problems;
third-party outages;
network conditions;
cybersecurity incidents;
force majeure events; or
circumstances outside our reasonable control.

We may change, add, remove, suspend, or discontinue features of the Services.

Where a material change significantly affects an active paid Service, we will take reasonable steps appropriate to the circumstances and applicable law.

27. BETA AND EXPERIMENTAL FEATURES

We may identify certain tools as beta, experimental, preview, early access, or similar.

Such features may contain errors, change substantially, or be discontinued.

Unless otherwise required by law, beta or experimental functionality is provided “as is” without any commitment that it will become a permanent feature.

28. SUSPENSION AND TERMINATION

We may suspend, restrict, or terminate your access to some or all of the Services if we reasonably believe that you:

violated these Terms;
shared an account;
attempted to obtain unauthorized access;
engaged in fraud;
abused a free trial;
infringed ENDPEAK intellectual property;
distributed confidential examination material;
interfered with the operation or security of the Services;
endangered another user;
used the Services unlawfully; or
engaged in conduct that creates material legal or security risk for ENDPEAK or its users.

Where appropriate, we may provide notice or an opportunity to correct the violation.

Serious, fraudulent, illegal, security-related, or repeated violations may result in immediate suspension or termination.

Where we suspend or terminate paid access because of your material breach, fraud, unlawful conduct, or misuse of the Services, you are not entitled to a refund except where required by applicable law.

If we terminate or materially restrict paid access for reasons unrelated to your breach or misuse, any refund, price reduction, continued access, or other remedy required by applicable law remains available to you.

29. USER TERMINATION

You may stop using the Services at any time.

You may also request deletion of your account through the mechanisms provided by ENDPEAK or by contacting contact@endpeak.com.

Account deletion and subscription cancellation are separate actions. If you have an active recurring subscription, you should cancel the subscription before deleting your account to ensure future renewals are stopped.

Certain information may be retained after account deletion when necessary for legal compliance, fraud prevention, security, financial recordkeeping, dispute resolution, or other purposes described in our Privacy Policy.

30. PRIVACY

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, disclose, retain, and protect personal information.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

31. ELECTRONIC COMMUNICATIONS

By creating an account, you agree that we may communicate with you electronically regarding your account and the Services.

These communications may include:

account verification messages;
security alerts;
payment information;
subscription information;
cancellation confirmations;
legal notices;
service announcements; and
other transactional communications.

Marketing communications will be handled in accordance with applicable law and the preferences or unsubscribe mechanisms we provide.

You are responsible for maintaining a valid email address associated with your account.

32. SERVICE DISCLAIMERS AND STATUTORY RIGHTS

The Services are educational tools and, to the maximum extent permitted by applicable law, are provided subject to the limitations described in these Terms.

We do not promise that:

the Services will always be uninterrupted or available;
every item of educational content will be error-free or permanently current;
AI-generated information will always be accurate, complete, or suitable for a particular purpose;
examination simulations will exactly replicate an official examination;
performance predictions, confidence indicators, or readiness estimates will match an official examination result; or
use of the Services will result in licensure, certification, employment, admission, or passing an examination.

Where applicable law permits, implied warranties or conditions may be excluded or limited to the extent legally allowed.

However, nothing in these Terms excludes or limits any statutory guarantee, warranty, conformity right, remedy for defective digital content or digital services, or other consumer right that cannot lawfully be waived or restricted.

33. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful. In particular, no limitation applies to liability that applicable law does not permit us to exclude or restrict.

To the extent permitted by applicable law, ENDPEAK is not responsible for losses that were not reasonably foreseeable when you accepted these Terms or that arise from circumstances outside our reasonable control.

ENDPEAK is not responsible for an official examination result, licensure decision, employment decision, academic decision, or other third-party decision merely because you used the Services or relied on an educational estimate, recommendation, simulation, or AI-generated response.

If you use the Services primarily for personal purposes as a consumer, your rights and remedies are governed by the mandatory consumer law applicable to you, and nothing in this section reduces those rights.

If you use the Services in the course of a business, profession, or trade, then, to the maximum extent permitted by applicable law:

ENDPEAK will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss of anticipated savings; and
ENDPEAK's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total amount paid for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Any limitation in this section applies only to the extent permitted by law and does not affect any remedy that cannot legally be excluded or limited.

34. RESPONSIBILITY FOR MISUSE

You are responsible for losses, claims, or liabilities caused by your unlawful use of the Services, your infringement of another person's rights, or your unauthorized distribution or commercial exploitation of ENDPEAK content, to the extent responsibility may lawfully be imposed on you.

If you use the Services in the course of a business, profession, or trade, you agree, to the extent permitted by applicable law, to indemnify ENDPEAK against reasonable third-party claims, losses, and costs arising directly from:

your unlawful use of the Services;
your material breach of these Terms;
your infringement of another person's intellectual-property or privacy rights; or
content you submit through the Services where you did not have the right to submit it.

This section does not make a consumer responsible for losses beyond those for which the consumer may lawfully be held liable and does not apply to the extent a claim results from ENDPEAK's own unlawful conduct or breach.

35. GOVERNING LAW AND MANDATORY CONSUMER RIGHTS

These Terms and any non-contractual obligations arising out of or relating to them are governed by the laws of Spain, except to the extent that mandatory law requires another law to apply.

If you are a consumer, nothing in these Terms deprives you of mandatory consumer-protection rights granted by the laws that apply to you, including rights that cannot lawfully be waived by contract.

Where conflict-of-law rules would otherwise reduce mandatory consumer protections, those mandatory protections continue to apply to the extent required by law.

36. COMPLAINTS AND INFORMAL DISPUTE RESOLUTION

If you have a complaint concerning the Services, a purchase, or these Terms, please contact us first so that we can attempt to resolve the matter promptly.

Notices may be sent to:

END PEAK, S.L.
Camí Nou de Picanya, 31, Escalera Izquierda, Puerta 2, 46014 Valencia, Spain
Email: contact@endpeak.com

Please include enough information for us to identify the issue, the account or transaction where relevant, and the resolution you are requesting.

If your transaction was processed by Paddle, billing, payment, tax, cancellation, withdrawal, or refund matters may also be handled by Paddle under the buyer support, buyer terms, and refund procedures applicable to your transaction.

Nothing in this section prevents either party from seeking urgent interim or injunctive relief where legally available or from using a statutory complaint, alternative dispute resolution, regulatory, or court process that cannot lawfully be restricted.

37. JURISDICTION AND CONSUMER REMEDIES

Subject to mandatory law, courts with jurisdiction under the laws applicable to the dispute may hear claims arising out of or relating to these Terms or the Services.

If you are a consumer, you retain any right provided by mandatory law to bring proceedings in the courts of your place of residence or to use an available consumer-protection, regulatory, or alternative-dispute-resolution mechanism.

For users acting in the course of a business or profession, and where legally permitted, the parties submit to the courts of Valencia, Spain.

No provision of these Terms requires a consumer to waive a mandatory right to access a court or public authority.

38. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in:

the Services;
business practices;
technology;
legal requirements;
security practices; or
other operational circumstances.

When changes are made, we will update the “Last Updated” date.

If a change materially affects your rights or obligations, we will provide additional notice where required by applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of notice or consent.

39. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written consent, except where applicable law gives you a non-waivable right to do so.

ENDPEAK may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, change of control, or transfer of the Services, subject to applicable law and any mandatory notice or consent requirements.

40. FORCE MAJEURE

ENDPEAK will not be liable for delay or failure to perform caused by circumstances reasonably outside its control, including:

natural disasters;
fires;
floods;
war;
terrorism;
civil unrest;
labor disruptions;
governmental actions;
internet or telecommunications failures;
widespread cloud infrastructure failures;
cyberattacks;
epidemics or pandemics; or
failures of critical third-party infrastructure.

This section does not exclude obligations or liability that cannot lawfully be excluded.

41. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in full force and effect.

42. NO WAIVER

Failure by ENDPEAK to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

43. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms or policies expressly presented to you in connection with a particular Service or purchase, constitute the entire agreement between you and ENDPEAK regarding the Services and supersede prior agreements concerning the same subject matter.

For a transaction processed by Paddle, Paddle's applicable buyer terms, privacy notice, refund policy, and checkout terms govern the payment transaction and operate in addition to the terms governing your use of the ENDPEAK Services.

44. HEADINGS

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

45. CONTACT INFORMATION

Questions regarding these Terms may be sent to:

END PEAK, S.L.
Operating as ENDPEAK
Camí Nou de Picanya, 31, Escalera Izquierda, Puerta 2
46014 Valencia
Spain

Support: contact@endpeak.com
Legal: contact@endpeak.com
Website: https://endpeak.com

ENDPEAK is an independent educational service and is not affiliated with or endorsed by NCSBN, Pearson VUE, or any nursing regulatory body.

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