Terms of Service

These Terms of Service (“Terms”) are an agreement between you and JME & Associates, LLC, which operates the NCLEX-RN preparation service known as Ember (“Ember,” “we,” “us”) at emberprep.com.

By creating an account, joining the waitlist, or using Ember, you agree to these Terms. If you don’t agree, don’t use the service. Our Privacy Policy is part of this agreement.

You must be at least 18 years old and able to enter into a binding contract. You must provide accurate information when you sign up, and you may not create an account on behalf of someone else without their permission.

Ember is offered only to users located in the United States. We don’t offer or direct the service to users in the European Economic Area, the United Kingdom, or Switzerland, and you may not use Ember from those regions. This isn’t a judgment about anyone — it’s that serving those regions carries data-protection obligations a service this size can’t yet meet properly, and we’d rather say so than pretend otherwise.

Ember is a study tool. It provides practice questions mapped to the NCLEX-RN Test Plan, written explanations with cited references, lesson material, spaced-repetition flashcards, and an AI tutor that answers from our reviewed content.

Every question and lesson published on Ember is reviewed by a DNP-prepared registered nurse before students see it. That review is what makes the content trustworthy — and it is also a human process, performed by people who can make mistakes.

Every item on Ember is an original work, written for Ember and mapped to the publicly published NCLEX-RN Test Plan — not an actual examination question. We do not reproduce, buy, or solicit live or recalled exam content, and we don’t want it: an item that leaked from a real exam is worth less to you than one written to teach the concept, and it puts your licensure at risk.

Ember’s content is educational material for exam preparation only. It is not medical advice, nursing advice, or clinical guidance, and it must never be used to make decisions about the care of a real patient.

Exam content is written to test recognition of standardized, idealized scenarios. Real patients are not standardized. When you are at the bedside, follow your institution’s policies, your current clinical references, your scope of practice, and the direction of your instructors and supervising clinicians — not a practice question.

Ember is not a healthcare provider and forms no clinician-patient relationship with anyone.

We do not guarantee that using Ember will help you pass the NCLEX-RN. Your result depends on your nursing program, your preparation, your test-day performance, and factors entirely outside our control. Any readiness score, progress statistic, or difficulty label shown in the app is an estimate generated from your activity within Ember — it is a study aid, not a prediction of your exam outcome and not an official assessment of anything.

NCLEX® is a registered trademark of the National Council of State Boards of Nursing, Inc. (NCSBN). NCSBN does not sponsor, endorse, or have any affiliation with Ember. We are not affiliated with your nursing school, your state board of nursing, or any testing authority.

The AI tutor answers using our nurse-reviewed content as its source, and it tells you when an answer is not fully grounded in that content. This design substantially reduces hallucinated answers. It does not eliminate them.

Treat the tutor as a study partner, not an authority: verify anything that matters against your course materials, your textbooks, and your instructors. Answers marked as unverified are queued for review by our clinical reviewer, which means a human may read the question you asked.

Do not enter real patient information, protected health information, or anyone else’s personal information into the tutor. See our Privacy Policy.

You are responsible for your account and for everything that happens under it. Keep your sign-in credentials to yourself, and tell us at support@emberprep.com if you think someone else has access.

Ember accounts are for one person. Sharing an account defeats spaced repetition anyway — the schedule is built from one person’s answer history.

You agree not to:

• copy, scrape, bulk-download, republish, sell, or redistribute Ember’s questions, explanations, references, or lessons
• use Ember’s content to train, fine-tune, or evaluate any machine learning model
• share your account, or resell access to Ember
• attempt to access another user’s data, probe or circumvent our security, or interfere with the service’s operation
• use automated tools to access the service outside of normal browsing, or place unreasonable load on it
• submit actual, recalled, or reconstructed examination content to Ember — including to the AI tutor or through feedback
• use Ember for any unlawful purpose, or to harass anyone

Studying, taking notes, and discussing the material with classmates is exactly what Ember’s for — this section is about wholesale copying and abuse, not normal use.

Ember’s questions, explanations, lessons, software, design, and branding are owned by JME & Associates, LLC or its licensors and are protected by copyright and other laws. While your account is in good standing, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use Ember for your own exam preparation. That’s the whole of the license — no other rights are granted.

You keep ownership of what you write in Ember — tutor messages, feedback, and anything else you submit. You grant us a non-exclusive, worldwide, royalty-free license to store, process, display, and transmit that content to the service providers listed in our Privacy Policy, for the purpose of operating the service for you, and to review flagged tutor exchanges so we can correct inaccurate answers.

If you send us feedback or suggestions about Ember, we may use them to improve the service without obligation to you.

Ember is in early access. Features may change, break, or disappear, and the service may be unavailable at times. We may modify or discontinue any part of Ember at any time.

Ember is currently free to use. If we introduce paid plans, we will publish the pricing and updated terms, and existing users will be told before any charge applies. We will never charge you without your explicit agreement first.

You can stop using Ember at any time, and you can ask us to close your account and delete your data by emailing support@emberprep.com.

We may suspend or terminate your account if you materially breach these Terms — for example, by scraping the question bank or attacking the service. Where the situation reasonably allows it, we’ll tell you why and give you a chance to fix it. Sections that by their nature should survive termination (content ownership, the license you grant us in what you submit, disclaimers, limitation of liability, indemnification, and governing law) do survive.

To the fullest extent permitted by law, Ember is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory — including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that its content is free of mistakes. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, neither JME & Associates, LLC nor anyone working on Ember’s behalf will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost opportunities — including any exam result, academic outcome, or professional consequence — arising out of or relating to your use of Ember, even if we were advised such damages were possible.

Our total liability for all claims relating to Ember will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred U.S. dollars ($100). Some jurisdictions do not allow these limits, so parts of this section may not apply to you.

You agree to indemnify and hold harmless JME & Associates, LLC and the people who operate Ember from any claim, loss, or expense (including reasonable legal fees) arising from your misuse of the service, your violation of these Terms, or your violation of anyone else’s rights.

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. Any dispute that can’t be worked out informally will be brought exclusively in the state or federal courts located in North Carolina, and you consent to their jurisdiction.

Before filing anything, please email support@emberprep.com — nearly everything is faster to fix directly.

Changes. We may update these Terms. The “last updated” date at the top reflects the current version, and we’ll email registered users and anyone on the waitlist before material changes take effect. Continuing to use Ember after a change means you accept it.

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about Ember, replacing anything said earlier.

Severability and waiver. If a provision is found unenforceable, the rest stays in effect. If we don’t enforce something right away, we haven’t given up the right to enforce it later.

Assignment. You may not transfer this agreement. We may transfer it in connection with a merger, acquisition, or sale of the service.

Questions about these Terms: support@emberprep.com, or write to JME & Associates, LLC, PSC 808 Box 3318, FPO AE 09618.