By creating an account or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the “Agreement”). This Agreement governs your access to and use of the RankRx platform (the “Platform” or “Services”).

If you are entering into this Agreement on behalf of a residency program or institution, you represent that you are authorized to bind that entity to the following:

1. Definitions

“Program” means the residency or fellowship program that registers for and uses the Services.

“Applicant Data” means data, documents, or information submitted by or on behalf of a Program’s applicants of the Electronic Residency Application Service (“ERAS”) of the American Association of Medical Colleges (“AAMC”) or other application systems.

“Results” means outputs, scores, or analytics generated by RankRx from processing Applicant Data.

“Confidential Information” means non-public information disclosed by one party to the other, including Applicant Data, Results, and business/technical information.

2. Data Use and Compliance

• Programs remain the data controllers and determine what Applicant Data to share with RankRx.
• RankRx acts as a secure service provider and processes Applicant Data solely under the direction of the Program.
• Application PDFs are not stored on the Platform; the information is parsed and processed securely. Results are stored and made available to Programs for their internal use.
• RankRx does not aggregate or commingle Applicant Data across Programs, and does not use Applicant Data for training artificial intelligence models, resale, or unrelated commercial purposes.

3. Confidentiality and Security

• RankRx employs enterprise-grade safeguards, including encryption in transit and at rest, access controls, audit logging, and de-identification of direct identifiers prior to processing Applicant Data.
• Application Data and Results are returned only to the originating Program and is never shared with other institutions.
• RankRx employees and contractors are bound by confidentiality obligations.

4. Compliance with AAMC Policies

RankRx acknowledges that Programs are bound by the AAMC Policies Regarding the Collection, Use, and Dissemination of Resident, Intern, Fellow, and Residency, Internship, and Fellowship Application Data, the AAMC’s Privacy Statement, its Terms and Conditions for the Electronic Residency Application Service: Dean’s Office Workstation (the “Terms and Conditions”), and its ERAS® Program Director’s Workstation Terms of Use (collectively, the “AAMC Policies”). While Programs are ultimately responsible for their relationship with AAMC, RankRx operates, to the best of its knowledge and ability, in a manner consistent with the AAMC Policies, particularly with respect to confidentiality, security, and limited use of Applicant Data. RankRx is not responsible for how a Program obtains or transmits Applicant Data to RankRx.

5. Industry Standards and Security Limitations

• RankRx is committed to protecting Applicant Data and has consulted with security professionals and integrated safeguards in designing its Platform and Services. Such safeguards are regularly reviewed and updated.
• While RankRx follows industry best practices, no system can guarantee absolute security. In the unlikely event of a breach of security or confidentiality, RankRx will promptly investigate, mitigate, and notify affected parties as necessary to comply with applicable privacy laws and regulations.

6. Ownership of Data and Results

• Programs retain ownership of their Applicant Data.
• Program is solely responsible for its compliance with the AAMC Policies regarding any Applicant Data transmitted to RankRx.
• RankRx retains ownership of its Platform, Service, including but not limited to its software, models, and related intellectual property, and any modifications.
• Program is granted a non-exclusive, non-transferable, and non-sublicensable license to use Results internally for recruitment and selection purposes during the current application season. The disclosure of Results to any third party without the prior written authorization of RankRx constitutes a breach of this Agreement.

7. Accounts and Access

• Program is responsible for maintaining the confidentiality of account credentials on the Platform.
• Program must ensure only authorized staff access the Services.
• Program agrees to enable multi-factor authentication (MFA/2FA) where available.

8. Service Availability and Modifications

• RankRx strives for reliability but does not guarantee uninterrupted availability of its Platform or Service.
• RankRx may update, modify, or discontinue features of its Platform at its sole discretion, provided that core Services remain available during the subscription period.
• RankRx’s provision of service repairs and modifications is its sole liability and Program’s exclusive remedy for any breach of warranty claim.

9. Fees and Payment

• Fees, if applicable, are outlined in separate ordering documents or invoices. To the extent there is any conflict with the terms of such documents, the terms of this Agreement apply.
• Payments are due as specified; late payments may incur interest charges.
• All fees are exclusive of applicable taxes.
• Any fees paid to RankRx are non-refundable.

10. Limitation of Responsibility

• RankRx provides its Services as a secure processing platform, which will be provided in a timely, workmanlike manner, in conformity with industry best practices.
• Program retains responsibility for how it obtains Applicant Data and for compliance with the AAMC Policies or other third-party obligations.
• RankRx cannot be held liable for indirect or consequential damages, including any lost profits, lost opportunities, or other consequential, incidental, exemplary, or punitive damages.
• In no event will RankRx’s aggregate liability exceed the fees paid by the Program in the 12 months preceding the claim.

Disclaimer on Accuracy and Decision-Making: RankRx provides scoring, ranking, and analytic tools solely as decision-support resources to assist Programs in evaluating applicants. The Platform does not make or execute selection decisions, and all final admissions, hiring, or ranking determinations remain the sole responsibility of the Program. While RankRx strives to provide accurate and reliable outputs, the results are not guaranteed to be error-free or complete, and occasional inaccuracies or omissions may occur. The Platform’s recommendations and scores are intended to supplement, not replace, the Program’s independent judgment and processes. Accordingly, RankRx shall not be liable for any missed, misclassified, or excluded applicants, nor for any decisions made by the Program in reliance on the Platform’s outputs.

11. Indemnification

• Program agrees to indemnify and hold harmless RankRx from claims arising from (a) misuse of Applicant Data, (b) breach of AAMC Policies or other third-party obligations, or (c) unauthorized use of the Platform or Services by Program or its employees or agents.
• RankRx will indemnify Program against claims that the Platform or Services infringe the intellectual property rights any third-party, provided Program uses the Platform and Services as intended and directed by RankRx.

12. Termination

Either party may terminate this Agreement for any reason by providing 30 days’ written notice to the other party. In such case, Services will continue through the end of the notice period.Upon termination, Program’s Results will be securely deleted within 30 days, except where retention is required by law.

13. Privacy Policy

RankRx complies with its privacy policy, available at www.rank-rx.com/privacy-policy (“Privacy Policy”), in providing the Platform and Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Platform or Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

14. Governing Law and Dispute Resolution

• This Agreement is governed by the laws of the State of Delaware, without regard to conflicts of law.
• Any disputes will be resolved by binding arbitration in Pittsburgh, Pennsylvania, unless otherwise agreed by the parties. Each party agrees to use good faith efforts to identify and select an arbiter, and to cooperate with that arbiter’s decisions, directions, instructions, or rules.

15. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire understanding between the parties.
• Force Majeure: Neither party is liable for events beyond its reasonable control.
• Amendments: RankRx may update these terms, which will be made available Privacy Policy. All changes are effective immediately when we post them, and apply to all access to and use of the Platform and Services thereafter. You are expected to check this link from time to time so you are aware of any changes, as they are binding on you and continued use of the Platform or Services constitutes acceptance by you.
• Each of the software components that constitute the Platform and Services is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Program is an agency of the United States or any contractor therefor, you receive only those rights with respect to the Platform and Services as are granted to all other users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other federal government customers and their contractors.