These Terms of Service (“Terms”) govern access to and use of myQuest Skills (“Services”), provided by MyQuest Ltd. (“myQuest,” “we,” “us,” or “our”).
The Services enable organizations to create and deliver learning programs, skills practice, AI-powered simulations, feedback, assessments, and related analytics.
“Customer” means the organization that contracts with myQuest for the Services. “User” means an individual authorized to access the Services through a Customer. “You” means the Customer or User, as applicable.
By accepting these Terms or accessing the Services, you agree to these Terms. Anyone accepting them on behalf of a Customer represents that they have authority to bind that Customer.
The Data Processing Addendum (“DPA”) forms part of the agreement with the Customer. By accepting these Terms, the Customer also accepts the DPA. Our Privacy Notice describes our processing of personal data.
If these Terms conflict with a signed agreement or order form between myQuest and the Customer, the signed agreement or order form prevails. The applicable DPA prevails regarding the processing of personal data, unless expressly agreed otherwise in a signed agreement and permitted by applicable law.
Subject to the applicable agreement, myQuest grants the Customer and its authorized Users permission to access and use the Services for the Customer’s learning, training, practice, and assessment programs.
The Customer manages its Users and their access permissions, including who may access submissions, transcripts, feedback, scores, and other results. The Customer must ensure that Users receive appropriate information about the program, the information collected, and who can access their information.
Users must provide accurate account information, protect their login credentials, and use the Services only within their authorized permissions. Suspected unauthorized access must be reported promptly to support@myquest.co.
The Services are intended for Users aged 18 or older. Self-service registration and trials are restricted to individuals aged 18 or older.
Users aged 13 to 17 may participate only through a Customer organization or educational institution, with myQuest’s prior written approval and arrangements addressing applicable privacy notices, legal bases, and parental or guardian authorization where required.
Use by children under 13 is not permitted. Nothing in this section excludes obligations imposed directly on myQuest by applicable law.
The Services use artificial intelligence to generate learning materials, conduct voice and text simulations, and provide feedback, scores, and skills assessments. Users interact with AI during AI-powered simulations.
AI-generated content, feedback, and assessments may sometimes be inaccurate.
Scores and feedback reflect performance in a particular activity. They do not guarantee professional competence, future performance, or any particular learning or business outcome.
The Customer must not rely solely on AI-generated scores or feedback when making decisions that have legal or similarly significant effects on an individual, including hiring, dismissal, admission, or professional certification. Such decisions require meaningful human review, additional relevant information, and compliance with applicable law.
The Services provide educational simulations and feedback. They do not replace professional medical, legal, financial, or other regulated advice, required practical training, or supervision.
“Customer Content” means all materials and content provided, uploaded, or submitted to the Services by the Customer or its authorized Users, including learning materials, documents, scenarios, responses, assignments, voice audio submitted for processing, and transcripts generated from those submissions.
As between myQuest and the Customer, the Customer retains ownership of Customer Content, subject to any rights held by authorized Users or third parties under applicable law or applicable agreements. myQuest does not acquire ownership of Customer Content.
myQuest retains ownership of the platform, software, underlying technology, and general-purpose tools and templates. These rights do not give myQuest ownership of the Customer’s content or its confidential information.
Where myQuest-owned tools, templates, or pre-existing materials are incorporated into content developed specifically for the Customer, the Customer receives a perpetual, worldwide, non-exclusive, royalty-free license to use them as part of that content for its intended purpose. This does not extend access to the platform beyond the applicable subscription.
The Customer grants myQuest only the limited rights necessary to host, process, reproduce, adapt, and transmit Customer Content, including through authorized service providers, solely as necessary to provide and support the Services requested by the Customer. This permission does not authorize myQuest to sell Customer Content or make it available to other customers.
The Customer is responsible for having the rights and permissions necessary to submit Customer Content and authorize its processing through the Services. Third-party materials remain subject to their applicable licenses.
Except as permitted by the applicable agreement or law, you may not copy, reproduce, distribute, or create derivative works of the platform or software, remove proprietary notices, or use myQuest’s trademarks or logos without permission. These restrictions do not limit the Customer’s rights in its own content.
For personal data processed on the Customer’s behalf, the Customer determines the purposes of processing, and myQuest processes the data according to the Customer’s documented instructions and the applicable DPA.
The Customer must have and maintain an appropriate legal basis for providing personal data to myQuest and instructing its processing. The Customer is responsible for providing legally required privacy notices and obtaining any permissions or consents required by applicable law.
Processing and access by myQuest personnel are limited to what is necessary to provide, operate, secure, and support the Services, including diagnosing and resolving technical issues and delivering content creation or implementation services requested by the Customer, subject to the applicable DPA.
myQuest does not use Customer Content or User data to train AI models. These Terms do not authorize their use for unrelated product development or cross-customer analytics.
Data retention, export, and deletion are governed by the applicable DPA and Privacy Notice.
Requests relating to personal data processed on behalf of a Customer should ordinarily be directed to that Customer. myQuest will assist the Customer in handling such requests as required by the applicable DPA and law.
Unless myQuest has expressly approved it in writing and appropriate arrangements are in place, Users must not submit sensitive personal information, including identifiable patient or medical records, payment card details, or other specially protected personal data.
Synthetic or appropriately anonymized cases should be used for practice involving sensitive situations.
The Customer is responsible for instructing its Users about these restrictions and ensuring that its learning materials and activities follow them.
You must not:
Customers may create and deliver programs to their authorized audiences within the scope of their agreement with myQuest. Customers remain responsible for the lawfulness and appropriateness of their programs and materials.
myQuest uses third-party service providers, including AI providers, to operate the Services. Information about relevant providers is available in our sub-processor list and the applicable DPA.
The Services may also allow Customers to embed or link to third-party content or services. Those external services may have their own terms and privacy notices.
This section does not reduce myQuest’s obligations concerning its service providers under the applicable agreement, DPA, or law.
Subject to the applicable signed agreement, myQuest may restrict access to or remove specific content, or restrict or suspend access to the Services, where reasonably necessary to address unlawful content or use, infringement of third-party rights, a material breach of these Terms, or a threat to the Services or others. Where reasonably practicable, myQuest will notify the Customer and provide an opportunity to resolve the issue. Any action will be proportionate to the circumstances.
Subject to the applicable signed agreement, myQuest may terminate access for a material breach that remains unresolved after written notice and a reasonable opportunity to remedy it. Immediate termination may occur where required by law or where a serious breach cannot reasonably be remedied.
Reports of suspected infringement or unlawful content may be sent to support@myquest.co, identifying the content and the basis for the report.
Subscription periods, renewal, cancellation, fees, credits, and refunds are governed by the applicable agreement or order form. Data handling following termination remains subject to the applicable DPA and Privacy Notice.
Provisions that by their nature should continue after termination will remain in effect.
Subject to any different indemnification provisions in a signed agreement, the Customer will defend and indemnify myQuest against third-party claims, and resulting damages, settlements, and reasonable legal costs, to the extent arising from:
This obligation does not apply to the extent a claim results from myQuest’s breach of its agreement with the Customer, negligence, or willful misconduct.
myQuest must promptly notify the Customer of the claim, allow the Customer to control its defense, and provide reasonable cooperation at the Customer’s expense. Delayed notice relieves the Customer of its obligations only to the extent the delay materially prejudices the defense.
The Customer may not settle a claim in a manner that requires an admission of fault, payment, or other obligation by myQuest without myQuest’s prior written consent, which will not be unreasonably withheld.
Except for express commitments in a signed agreement, and to the extent permitted by applicable law, the Services and AI-generated outputs are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
myQuest does not guarantee uninterrupted operation or error-free outputs.
To the extent permitted by applicable law, neither party will be liable for indirect, incidental, special, or consequential damages arising from the Services. This exclusion does not excuse payment of amounts owed under an applicable indemnification obligation for a third-party claim.
myQuest’s total aggregate liability for all claims arising from or relating to the Services under these Terms, whether in contract, tort, or otherwise, will not exceed the fees paid by the Customer to myQuest during the twelve months preceding the first event giving rise to those claims. This is a single aggregate limit for all such claims, not a separate limit for each claim, event, or claimant.
To the extent permitted by law, this aggregate limit applies collectively to claims brought by the Customer and its Users who are bound by these Terms, with the limit determined by the fees paid by that Customer.
To the extent permitted by applicable law, any legal action against myQuest arising from or relating to these Terms or the Services must be commenced within one year after the cause of action accrues. This period does not apply where applicable law prohibits such a contractual limitation.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
myQuest may update these Terms from time to time. Material changes will be notified in advance through the Services or to the Customer’s designated contact and will apply prospectively.
Updates do not override a signed agreement or its requirements for amendments.
Unless otherwise stated in a signed agreement, these Terms are governed by the laws of the State of New York, excluding its conflict-of-laws rules. The state and federal courts located in New York County, New York, will have exclusive jurisdiction over disputes arising from or relating to these Terms, subject to mandatory applicable law.
Neither party may assign its agreement under these Terms without the other party’s prior written consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all of the relevant business or assets, provided the successor assumes the applicable obligations. Any assignment remains subject to applicable data protection law and the DPA.
Unless otherwise specified in a signed agreement, notices under these Terms may be sent by email to the Customer’s designated contact and, for notices to myQuest, to support@myquest.co. Questions about these Terms may also be sent to that address.
Failure or delay in enforcing a provision does not waive the right to enforce it later.
If a provision is found unenforceable, the remaining provisions will continue in effect.
These Terms do not create an agency, partnership, or joint venture between the parties.
Last updated: October 2026