TopGunner

Terms & Conditions

Welcome to TopGunner. These Terms & Conditions consolidate all of the policies that govern your access to and use of the TopGunner Platform. Please read them carefully. Our Privacy Policy, Cookie Policy, and Accessibility Statement are maintained as separate documents and are incorporated by reference.

Table of Contents

  1. 1.Terms of Use
  2. 2.Acceptable Use Policy
  3. 3.Community Guidelines
  4. 4.Question Submission Terms
  5. 5.Copyright & Intellectual Property Policy
  6. 6.DMCA Policy
  7. 7.Educational Disclaimer
  8. 8.AI Content Disclaimer
  9. 9.Subscription & Billing Policy
  10. 10.Leaderboard & Contest Rules
  11. 11.Security & Data Retention Policy
Part 1

Terms of Use

1. Acceptance of Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and TopGunner, Inc., a Delaware corporation (“TopGunner,” “Company,” “we,” “us,” or “our”), governing your access to and use of the TopGunner website (topgunner.io), mobile applications, and all related services, features, content, and applications (collectively, the “Platform” or “Service”).

By creating an account, accessing, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, including the Privacy Policy and Cookie Policy referenced herein and the additional policies set out in the parts below (collectively, the “Policies”), all of which are incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Platform.

If you are using the Platform on behalf of an organization, institution, or employer, you represent that you have the authority to bind that entity to these Terms.

2. Eligibility

TopGunner is not directed to, and not intended for use by, children under the age of 13. By using the Platform, you represent and warrant that you are at least 13 years old. If you are between the ages of 13 and the age of majority in your jurisdiction, you represent that you have your parent’s or legal guardian’s permission to use the Platform and that they have read and agree to these Terms on your behalf.

TopGunner is designed for medical and health professional students, residents, attending physicians, allied health professionals, and members of the general public interested in healthcare education. Nothing in these Terms restricts use to licensed healthcare professionals unless a specific feature states otherwise.

3. Account Registration and Security

3.1 Accurate Information. You agree to provide accurate, current, and complete information during registration (whether via email/password or single sign-on) and to keep such information up to date.

3.2 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at contact@topgunner.io of any unauthorized use of your account or any other breach of security.

3.3 One Account Per User. Unless otherwise authorized in writing by TopGunner, each individual may maintain only one active account. Creating multiple accounts to circumvent usage limits, leaderboard rules, or subscription tiers is prohibited.

3.4 Institutional/Team Accounts. If TopGunner offers institutional, cohort, or team access (e.g., for a residency program or medical school), the administrator of such account is responsible for compliance with these Terms by all users under that account.

4. The Service

TopGunner provides a competitive, gamified learning platform for healthcare education, including practice questions, quizzes, timed challenges, leaderboards, and related educational content (“Content”). Certain Content may be generated or assisted by artificial intelligence tools; see the AI Content Disclaimer (Part 8), which is incorporated by reference.

TopGunner reserves the right to modify, suspend, or discontinue any part of the Service, including specific features, question banks, or leaderboard functionality, at any time, with or without notice, and without liability to you.

5. Educational Purpose Only — No Medical Advice

The Platform is an educational and test-preparation tool only. It is not a substitute for professional medical education, clinical training, supervision by a licensed physician or educator, or official board/certification preparation materials issued by accredited bodies. See the Educational Disclaimer (Part 7), incorporated herein by reference, for the full scope of this limitation.

TopGunner Content must never be used as a sole basis for clinical decision-making, patient care, diagnosis, or treatment. You remain solely responsible for verifying any clinical or educational information against authoritative, current, peer-reviewed sources and your institution’s own curriculum and supervising faculty.

6. Subscriptions and Billing

The Platform is currently offered on a free/beta basis. TopGunner may introduce paid subscription tiers in the future, which will be governed by the Subscription & Billing Policy (Part 9), incorporated herein by reference. Continued use of the Platform after the introduction of paid tiers, or after you affirmatively subscribe to a paid tier, constitutes your agreement to that Policy as then in effect.

7. User Content and Question Submissions

If TopGunner permits you to submit questions, answers, comments, forum posts, corrections, or other content (“User Content”), such submissions are governed by the Question Submission Terms (Part 4) and the Copyright & IP Policy (Part 5), incorporated herein by reference. By submitting User Content, you grant TopGunner the license rights described in those Policies.

8. Leaderboards and Contests

Any leaderboard, ranking, badge, or contest feature is governed by the Leaderboard & Contest Rules (Part 10), incorporated herein by reference, and TopGunner may modify scoring, eligibility, or rankings at its sole discretion to preserve competitive integrity.

9. Acceptable Use

Your use of the Platform must comply with the Acceptable Use Policy (Part 2) and Community Guidelines (Part 3), each incorporated herein by reference. Violations may result in suspension or termination of your account, in TopGunner’s sole discretion, without refund where applicable.

10. Intellectual Property Ownership

10.1 TopGunner IP.The Platform, including all software, source code, question banks (except properly licensed third-party content), designs, graphics, logos, trademarks, trade names, and all other content provided by TopGunner (collectively, “TopGunner IP”), is owned by TopGunner or its licensors and is protected by U.S. and international intellectual property laws. Nothing in these Terms transfers any ownership of TopGunner IP to you.

10.2 Limited License to You. Subject to your compliance with these Terms, TopGunner grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial, educational use.

10.3 Restrictions. You may not copy, reproduce, distribute, scrape, data-mine, publicly display, create derivative works from, reverse-engineer, decompile, or resell any portion of the Platform or TopGunner IP, except as expressly permitted in writing by TopGunner.

10.4See also the Copyright & IP Policy (Part 5) and DMCA Policy (Part 6), incorporated herein by reference.

11. Third-Party Content and Links

The Platform may include or link to third-party content, question banks, or services that TopGunner does not own or control. TopGunner is not responsible for the accuracy, legality, or availability of third-party content, and inclusion of such content does not imply endorsement.

12. Disclaimers of Warranties

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TOPGUNNER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY CONTENT (INCLUDING AI-GENERATED CONTENT) IS ACCURATE, COMPLETE, OR CURRENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPGUNNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR EXAM/BOARD/ACADEMIC OUTCOMES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, EVEN IF TOPGUNNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TOPGUNNER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE TOTAL AMOUNT YOU PAID TO TOPGUNNER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless TopGunner and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your User Content or Question Submissions; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party right, including intellectual property or privacy rights.

15. Termination

TopGunner may suspend or terminate your access to the Platform at any time, with or without cause or notice, including for violation of these Terms, the Acceptable Use Policy, or Community Guidelines. You may terminate your account at any time by contacting contact@topgunner.io. Sections of these Terms that by their nature should survive termination (including Sections 5, 10, 12, 13, 14, 16, and 17) shall survive.

16. Dispute Resolution; Governing Law; Arbitration

16.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

16.2 Binding Arbitration. Except for claims that qualify for small claims court or claims for injunctive relief regarding intellectual property, any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in Los Angeles County, California, or remotely by mutual agreement.

16.3 Class Action Waiver. YOU AND TOPGUNNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to contact@topgunner.io within thirty (30) days of first accepting these Terms.

17. General Provisions

17.1 Entire Agreement. These Terms, together with the incorporated Policies, constitute the entire agreement between you and TopGunner regarding the Platform.

17.2 Changes to Terms. TopGunner may update these Terms from time to time. Material changes will be notified via the Platform or email, and continued use after the effective date of changes constitutes acceptance.

17.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

17.4 No Waiver. TopGunner’s failure to enforce any right or provision is not a waiver of such right or provision.

17.5 Assignment.You may not assign these Terms without TopGunner’s prior written consent. TopGunner may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

17.6 Contact. Questions about these Terms may be sent to contact@topgunner.io.

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Part 2

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the TopGunner website, mobile applications, and related services (the “Platform”) and forms part of these Terms & Conditions. Violation of this AUP may result in suspension or termination of your account, in TopGunner’s sole discretion.

1. Prohibited Activities

You agree not to, and not to permit any third party to:

a. Security and Technical Abuse

  1. Attempt to gain unauthorized access to the Platform, other users’ accounts, or TopGunner’s systems or networks;
  2. Probe, scan, or test the vulnerability of the Platform, or breach any security or authentication measures;
  3. Introduce viruses, malware, worms, or other harmful code;
  4. Use bots, scrapers, crawlers, or other automated means to access, extract, or interact with the Platform, except as expressly permitted (e.g., a documented public API, if offered);
  5. Interfere with or disrupt the integrity or performance of the Platform, including through denial-of-service attacks or excessive automated requests.

b. Content and Conduct Abuse

  1. Upload, post, or transmit content that is unlawful, defamatory, obscene, harassing, or that violates our Community Guidelines;
  2. Share, resell, sublicense, or redistribute Platform Content (including question banks) in violation of our Copyright/IP Policy;
  3. Post real, identifiable patient health information (PHI) in any submission, comment, or forum post;
  4. Impersonate any person or entity, or misrepresent your credentials, licensure, or affiliation.

c. Platform Integrity Abuse

  1. Create multiple accounts to evade suspensions, usage limits, or subscription requirements;
  2. Use unauthorized third-party tools, macros, or scripts to answer questions, inflate leaderboard scores, or otherwise manipulate Contests in violation of our Leaderboard & Contest Rules;
  3. Reverse-engineer, decompile, or disassemble any part of the Platform, except to the extent such restriction is prohibited by applicable law;
  4. Use the Platform to build, train, or benchmark a competing product or AI model.

d. Commercial and Legal Abuse

  1. Use the Platform for any unlawful purpose, or in violation of any applicable local, state, national, or international law or regulation;
  2. Use the Platform to send unsolicited advertising, spam, or “junk mail”;
  3. Violate the intellectual property, privacy, publicity, or other rights of any third party.

2. Monitoring and Enforcement

TopGunner reserves the right, but does not assume the obligation, to monitor use of the Platform to enforce this AUP. TopGunner may investigate violations and may involve and cooperate with law enforcement authorities in prosecuting users who violate this AUP.

3. Reporting Violations

If you become aware of any violation of this AUP, please report it to contact@topgunner.io.

4. Consequences of Violation

TopGunner may take any of the following actions, in its sole discretion, for violations of this AUP: issue a warning; remove or restrict access to specific content or features; suspend or terminate your account (with or without notice); disqualify you from leaderboards or Contests; and/or pursue legal remedies where warranted. Fees already paid are non-refundable in cases of termination for AUP violations, except as required by law.

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Part 3

Community Guidelines

TopGunner is a community of medical and health professional students, residents, attendings, allied health professionals, and healthcare learners of all backgrounds. These Community Guidelines apply to all interactive features of the Platform, including comments, forums, question submissions, leaderboards, usernames, profile content, and any other user-facing space, and form part of these Terms & Conditions and the Acceptable Use Policy (Part 2).

1. Our Values

  • Respect. Treat every member of the community — regardless of training level, background, specialty, or institution — with professionalism and respect.
  • Integrity. Compete honestly. Do not cheat, exploit bugs, or misrepresent your credentials or performance.
  • Educational Focus. Keep contributions constructive, accurate, and relevant to healthcare education.
  • Psychological Safety. Healthcare training can be stressful; this is a space to learn and improve, not to belittle others.

2. Expected Behavior

  • Provide constructive feedback on questions, answers, and content.
  • Cite sources when submitting corrections or challenging a question’s accuracy.
  • Report bugs, incorrect content, or inappropriate behavior through official channels (contact@topgunner.io) rather than public call-outs where possible.
  • Use a username and profile that do not impersonate another individual or entity.

3. Prohibited Conduct

Users may not:

  1. Post or transmit content that is harassing, threatening, abusive, defamatory, discriminatory, or hateful based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
  2. Post sexually explicit, obscene, or gratuitously violent content;
  3. Post protected health information (PHI) or other individually identifiable patient information, even if de-identified information is intended — do not share real patient cases with identifying details;
  4. Impersonate any person or entity, or misrepresent your affiliation, credentials, licensure, or level of training;
  5. Harass, dox, stalk, or threaten other users, including sharing another user’s personal information without consent;
  6. Post spam, unauthorized advertising, or solicitations;
  7. Cheat on quizzes or contests, including using unauthorized aids, sharing answer keys, colluding with other users to manipulate leaderboard rankings, or using bots/scripts to interact with the Platform;
  8. Upload malware, attempt to breach Platform security, or interfere with other users’ access to the Service;
  9. Post content that infringes another party’s intellectual property rights (see the Copyright & IP Policy (Part 5) and DMCA Policy (Part 6)).

4. Enforcement

TopGunner may, in its sole discretion and without prior notice:

  • Remove or edit any content that violates these Guidelines;
  • Issue warnings, suspend, or permanently terminate accounts for violations;
  • Disqualify users from leaderboards or contests for integrity violations, per the Leaderboard & Contest Rules (Part 10);
  • Report unlawful conduct (e.g., threats, harassment, sharing of patient PHI) to appropriate authorities or institutions, where warranted.

Enforcement decisions are at TopGunner’s sole discretion, and TopGunner is under no obligation to take action on every report, though we will make good-faith efforts to review reports submitted to contact@topgunner.io.

5. Reporting Violations

If you encounter content or behavior that violates these Guidelines, please report it to contact@topgunner.io with as much detail as possible (username, content in question, screenshots if applicable).

6. Changes

TopGunner may update these Community Guidelines from time to time to address new features or emerging issues. Continued use of the Platform after changes take effect constitutes acceptance of the revised Guidelines.

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Part 4

Question Submission Terms

These Question Submission Terms (“Submission Terms”) apply if TopGunner allows users to submit quiz questions, answers, explanations, corrections, flashcards, or similar educational content (“Submissions”) to the Platform. These Submission Terms form part of these Terms & Conditions and the Copyright & IP Policy (Part 5).

1. Eligibility to Submit

TopGunner may, at its discretion, restrict question submission to certain user tiers, roles, or verification levels (e.g., verified attendings or contributors), and may require review or approval before a Submission is published.

2. License Grant

By submitting a Submission, you grant TopGunner a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, translate, format, publish, distribute, publicly display, and create derivative works from your Submission, in whole or in part, in any media now known or later developed, in connection with operating, promoting, and improving the Platform (including training TopGunner’s own internal AI/content tools, if applicable) — without any obligation to compensate, attribute, or notify you, except as TopGunner may choose to provide attribution as a courtesy.

3. Your Representations and Warranties

By submitting a Submission, you represent and warrant that:

  1. You are the original author of the Submission, or you have obtained all necessary rights, licenses, and permissions to submit it and grant the license in Section 2;
  2. The Submission does not infringe any third party’s copyright, trademark, trade secret, or other intellectual property or proprietary rights;
  3. The Submission does not contain any real, identifiable patient health information (PHI) or violate any patient confidentiality obligation;
  4. The Submission is factually accurate to the best of your knowledge, or is clearly flagged as requiring further review;
  5. The Submission does not violate our Community Guidelines or Acceptable Use Policy.

4. Editorial Control

TopGunner may review, edit, reformat, reject, unpublish, or remove any Submission at its sole discretion, for any reason, including quality, accuracy, licensing, or policy concerns, without notice or liability to the submitting user.

5. No Obligation to Use

TopGunner is under no obligation to publish, use, or retain any Submission, and submitting content does not guarantee inclusion in the Platform’s question banks or any compensation, credit, or recognition unless separately agreed in writing.

6. No Compensation by Default

Unless TopGunner separately and expressly agrees in writing (e.g., a paid contributor arrangement), Submissions are provided voluntarily and without expectation of payment, royalty, or revenue share.

7. Corrections and Disputes

If you believe a question, answer, or explanation on the Platform (whether AI-generated, third-party licensed, or user-submitted) is inaccurate, you may submit a correction through the in-app reporting feature or by emailing contact@topgunner.io. TopGunner will review corrections at its discretion and is not obligated to adopt any suggested change.

8. Indemnification

You agree to indemnify and hold TopGunner harmless from any claim arising out of your Submission, consistent with the indemnification provisions of these Terms & Conditions.

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Part 5

Copyright & Intellectual Property Policy

1. Ownership of the Platform

The TopGunner Platform — including its software, source code, user interface and design, question banks and answer explanations (except properly licensed or user-submitted content as described below), graphics, logos, the “TopGunner” name and marks, and all other content created by or for TopGunner — is the exclusive property of TopGunner, Inc. and its licensors, protected under U.S. and international copyright, trademark, trade secret, and other intellectual property laws.

2. Your License to Use TopGunner Content

Subject to your compliance with these Terms & Conditions, TopGunner grants you a limited, revocable, non-exclusive, non-transferable license to access and use TopGunner’s Content solely for your personal, non-commercial educational use. You may not:

  • Copy, screenshot, scrape, download in bulk, republish, or redistribute question banks, explanations, or other Content;
  • Share your account credentials or Content access with others, including through unauthorized “answer key” sharing, group chats, or third-party sites;
  • Use automated tools (bots, scrapers) to extract Content from the Platform;
  • Use TopGunner Content to train, fine-tune, or evaluate any competing artificial intelligence model or product without TopGunner’s prior written consent;
  • Create a derivative product, question bank, or competing platform based substantially on TopGunner Content.

3. User-Submitted Content

If you submit questions, answers, corrections, comments, or other content to the Platform (“User Content”), you retain ownership of your original contributions to the extent they are your own original work, but you grant TopGunner a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating, promoting, and improving the Platform. See the Question Submission Terms (Part 4) for additional detail specific to submitted quiz questions.

You represent that you own or have the necessary rights to submit any User Content, and that it does not infringe any third party’s intellectual property, privacy, or other rights.

4. Third-Party and Licensed Content

Certain Content on the Platform may be licensed from third-party question banks, publishers, or content providers. Such Content remains the property of the respective rights holders and is used under license; it may be subject to additional restrictions communicated at the point of access.

5. Trademarks

“TopGunner” and associated logos, taglines, and branding are trademarks (registered or unregistered) of TopGunner, Inc. You may not use TopGunner’s trademarks without prior written permission, except as necessary to accurately describe your use of the Platform (e.g., “I use TopGunner to study”).

6. Reporting Infringement

If you believe your intellectual property rights have been infringed by content on the Platform, please see the DMCA Policy (Part 6) for our formal notice-and-takedown procedure.

7. Feedback

If you provide suggestions, feature requests, or feedback about the Platform (“Feedback”), you agree that TopGunner may use such Feedback without restriction or compensation to you.

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Part 6

DMCA Policy

TopGunner, Inc. (“TopGunner”) respects the intellectual property rights of others and expects users of our website and mobile applications (the “Platform”) to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, TopGunner will respond to properly submitted notices of alleged copyright infringement.

1. Designated DMCA Agent

Notices of claimed copyright infringement should be sent to our Designated Agent:

DMCA Agent (Placeholder — to be finalized and, where required, registered with the U.S. Copyright Office DMCA Designated Agent Directory)

TopGunner, Inc.

Attn: DMCA Agent

Email: contact@topgunner.io

Subject line: “DMCA Takedown Notice”

[Once finalized, register this agent with the U.S. Copyright Office at https://www.copyright.gov/dmca-directory/ and update this section with the registered agent’s name and mailing address.]

2. Filing a Notice of Alleged Infringement

If you believe that content available on the Platform infringes your copyright, please submit a written notice to our Designated Agent that includes the following, as required by 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material claimed to be infringing, and information reasonably sufficient to permit TopGunner to locate it (e.g., URL, question ID, screenshot);
  4. Your contact information, including address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Incomplete notices may not receive a response or may delay processing.

3. TopGunner’s Response

Upon receipt of a valid notice, TopGunner will:

  • Remove or disable access to the allegedly infringing material;
  • Notify the user who submitted or is associated with the material;
  • Document the notice and action taken.

4. Counter-Notification

If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Agent containing:

  1. Your physical or electronic signature;
  2. Identification of the material removed and its location before removal;
  3. A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification;
  4. Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for your address (or, if outside the U.S., for any judicial district in which TopGunner may be found), and that you will accept service of process from the person who filed the original notice.

Upon receipt of a valid counter-notification, TopGunner may restore the removed material within 10–14 business days unless the original complaining party files a court action seeking a restraining order.

5. Repeat Infringer Policy

TopGunner will, in appropriate circumstances and at its sole discretion, terminate the accounts of users who are determined to be repeat infringers of third-party intellectual property rights.

6. Misrepresentation

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages.

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Part 7

Educational Disclaimer

1. Not Medical Advice; Not a Substitute for Training

TopGunner is an educational, test-preparation, and skill-building platform intended to supplement — not replace — formal medical, nursing, allied health, or other professional education, clinical training, supervision, and institutional curricula.

Nothing on the Platform constitutes, and should not be construed as, medical advice, diagnosis, treatment recommendations, or professional clinical guidance for any specific patient or situation. Content is intended solely for educational and self-assessment purposes for healthcare students, trainees, and professionals.

2. No Guarantee of Accuracy, Currency, or Outcomes

Healthcare knowledge, clinical guidelines, and best practices evolve continuously. While TopGunner strives to keep Content accurate and current, we do not warrant or guarantee that any question, answer, explanation, or other Content:

  • Is complete, accurate, current, or free of errors;
  • Reflects the most recent clinical guidelines, drug information, or standards of care;
  • Is equivalent to, endorsed by, or officially affiliated with any licensing board, certification body (e.g., USMLE, NBME, ABIM, or similar), or accredited educational institution, unless expressly stated.

TopGunner makes no guarantee regarding exam performance, board scores, academic outcomes, residency match outcomes, or career outcomes resulting from use of the Platform.

3. Verify Against Authoritative Sources

Users must independently verify all clinical, scientific, or educational information against current, authoritative, peer-reviewed sources, official practice guidelines, and their own institution’s curriculum and supervising faculty before relying on it in any academic, clinical, licensing, or patient-care context.

4. No Patient Care Use

The Platform must never be used at the point of care to make or support decisions about the diagnosis, treatment, or management of an actual patient. If you are treating a patient, always rely on your clinical judgment, supervising physician, institutional protocols, and current authoritative medical resources — not TopGunner Content.

5. AI-Generated Content

Some Content may be generated or assisted by artificial intelligence. See the AI Content Disclaimer (Part 8), incorporated herein by reference, which further limits the reliability of such Content.

6. Limitation of Liability

Use of Platform Content is entirely at your own risk. To the maximum extent permitted by law, TopGunner disclaims all liability for any decisions, actions, or outcomes (academic, clinical, professional, or otherwise) resulting from reliance on Platform Content, consistent with the Limitation of Liability provisions in Part 1 (Terms of Use).

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Part 8

AI Content Disclaimer

1. Use of Artificial Intelligence

TopGunner uses artificial intelligence (“AI”) tools, including large language models and related technologies, to assist in generating certain quiz questions, answer explanations, feedback, and other Content, and may use AI to assist with grading, scoring, or personalizing your learning experience (collectively, “AI Content”).

2. AI Content May Contain Errors

AI-generated Content is produced using probabilistic models trained on large datasets and may contain factual inaccuracies, outdated information, incomplete reasoning, or plausible-sounding but incorrect statements (“hallucinations”). AI Content has not necessarily been independently verified by a licensed clinician or subject-matter expert before being made available to you, although TopGunner may implement review processes for some or all AI Content.

3. No Warranty of Clinical or Factual Accuracy

TopGunner makes no representation or warranty that AI Content is medically accurate, current, complete, or appropriate for any particular educational, licensing, or clinical purpose. AI Content should be treated as a study aid only and cross-checked against authoritative sources, as described in the Educational Disclaimer (Part 7).

4. AI-Assisted Grading and Feedback

Where AI is used to grade responses, generate performance feedback, or personalize content (e.g., adaptive difficulty), such assessments are automated approximations and may not perfectly reflect your true competency, knowledge gaps, or readiness for examinations or clinical practice. Do not treat AI-assisted feedback as a certification of competency or as equivalent to evaluation by a human instructor, program director, or licensing body.

5. Reporting Errors

If you identify inaccurate, outdated, or otherwise problematic AI Content, please report it via the in-app reporting feature (if available) or by emailing contact@topgunner.io with the specific question or content identifier. We appreciate community corrections and may use them to improve our content review process, subject to the Question Submission Terms (Part 4).

6. Human Oversight

TopGunner may use human subject-matter reviewers to audit and improve AI Content over time, but does not guarantee that all AI Content has been reviewed by a human expert prior to publication.

7. Relationship to Other Policies

This Disclaimer supplements and should be read together with the Educational Disclaimer (Part 7) and the Terms of Use (Part 1), including the disclaimers of warranties and limitations of liability set forth therein.

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Part 9

Subscription & Billing Policy

As of the Effective Date, TopGunner is offered on a free/beta basis. This Policy establishes the framework that will govern any current or future paid subscription tiers, and forms part of these Terms & Conditions. TopGunner will publish specific pricing, tier names, and features on the Platform once paid tiers launch; such published pricing terms are incorporated into this Policy by reference as of their posting date.

1. Free and Paid Tiers

TopGunner may offer both free and paid subscription tiers (“Subscriptions”). Paid Subscriptions may unlock additional features such as expanded question banks, advanced analytics, ad-free access, or premium leaderboard/contest participation, as described on our pricing page at the time of purchase.

2. Billing

2.1 Payment Processing. Payments are processed by a third-party payment processor (e.g., Stripe). By subscribing, you authorize TopGunner and its payment processor to charge your selected payment method for all applicable fees.

2.2 Billing Cycle. Paid Subscriptions will renew automatically at the end of each billing period (e.g., monthly or annually, as selected) at the then-current price, unless canceled prior to the renewal date.

2.3 Price Changes. TopGunner may change Subscription pricing at any time. For existing subscribers, price changes will take effect no earlier than the next renewal date following at least thirty (30) days’ advance notice.

2.4 Taxes.Fees are exclusive of applicable taxes unless stated otherwise, and you are responsible for any taxes associated with your purchase, other than taxes on TopGunner’s income.

3. Free Trials

If TopGunner offers a free trial, your paid Subscription will begin automatically at the end of the trial period unless you cancel before the trial ends. Terms specific to a given trial (duration, eligible tiers) will be disclosed at sign-up.

4. Cancellations

You may cancel your Subscription at any time through your account settings or by contacting contact@topgunner.io. Cancellation will take effect at the end of the then-current billing period; you will retain access to paid features through the end of that period, and no further charges will be made thereafter.

5. Refunds

Except as required by applicable law, or as otherwise expressly stated at the time of purchase, fees are non-refundable, including for partial billing periods, unused features, or early cancellation. TopGunner may, at its sole discretion, issue refunds or credits on a case-by-case basis.

6. Failed Payments

If a payment fails, TopGunner may suspend access to paid features until payment is successfully processed, and may retry the charge or request updated payment information.

7. Institutional/Group Billing

If TopGunner offers institutional or group licenses (e.g., for a residency program or medical school), billing terms for such accounts will be governed by a separate order form or institutional agreement, which will control in the event of conflict with this Policy.

8. Changes to Features

TopGunner may add, modify, or remove features associated with any tier, provided that such changes will not materially reduce the core value of a paid Subscription during a billing period for which you have already paid without reasonable notice.

9. Contact

Billing questions should be directed to contact@topgunner.io.

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Part 10

Leaderboard & Contest Rules

These Leaderboard & Contest Rules (“Rules”) govern all leaderboards, rankings, badges, tournaments, challenges, and contests (collectively, “Contests”) offered on the TopGunner Platform, and form part of these Terms & Conditions.

1. General Framework

1.1Participation in any Contest is voluntary and subject to these Rules, the specific rules published for that Contest (if any), and TopGunner’s Terms of Service, Acceptable Use Policy, and Community Guidelines.

1.2 TopGunner may operate leaderboards at multiple levels (e.g., global, institutional, specialty-specific, or time-limited event leaderboards), and may change scoring methodology, leaderboard structure, or Contest formats at any time.

1.3As of the Effective Date, TopGunner has not finalized specific prize structures. Where a Contest offers a prize (cash, gift card, subscription credit, recognition, or otherwise), the specific eligibility criteria, prize value, and fulfillment terms will be published with that Contest’s specific rules at the time it is offered, and those specific rules will control over this general framework in the event of conflict.

2. Eligibility

Unless a specific Contest states otherwise:

  • You must have an active, good-standing TopGunner account to participate;
  • Employees, contractors, and immediate family members of TopGunner may be excluded from Contests offering monetary or material prizes, at TopGunner’s discretion, to avoid conflicts of interest;
  • Where legally required (e.g., for prize-based Contests), participants may need to be legal residents of jurisdictions where such Contests are permitted, and of a minimum age as specified in the Contest-specific rules.

3. Scoring and Rankings

3.1Leaderboard rankings are based on Platform activity (e.g., accuracy, speed, volume of questions answered, streaks) as measured by TopGunner’s scoring algorithm, which may be updated from time to time.

3.2 TopGunner reserves the right to adjust, recalculate, freeze, or reset leaderboard scores to correct errors, address technical issues, or maintain competitive integrity.

3.3 Leaderboards may display your username, rank, score, and institution/specialty (if you choose to make it public). You may be able to adjust your leaderboard visibility in your account settings, where such controls are made available.

4. Fair Play and Disqualification

Participants must not:

  • Use bots, scripts, multiple accounts, or automated tools to inflate scores;
  • Collude with other participants to manipulate rankings;
  • Exploit bugs or technical errors to gain an unfair advantage;
  • Otherwise violate the Acceptable Use Policy.

TopGunner may, at its sole discretion, disqualify participants, void scores, remove leaderboard entries, or deny prizes for any violation of these Rules, without liability to TopGunner.

5. Prizes (Where Applicable)

Where a Contest offers a prize, unless otherwise stated in the Contest-specific rules:

  • Prizes are non-transferable and may not be exchanged for cash unless explicitly offered as a cash prize;
  • Winners may be required to complete a verification process (e.g., confirm eligibility, sign a liability/publicity release) before receiving a prize;
  • TopGunner is responsible for administering only the specific prizes it offers and disclaims responsibility for third-party prize providers’ obligations, if applicable;
  • Taxes on prizes, if any, are the sole responsibility of the winner, and TopGunner may issue applicable tax forms (e.g., IRS Form 1099) as required by law for U.S. winners above applicable thresholds.

6. No Guarantee of Continuation

TopGunner may modify, suspend, or discontinue any leaderboard or Contest at any time, including mid-Contest, without liability, except as required by law or the specific published rules of a prize-based Contest already in progress.

7. Disputes

Any dispute regarding Contest results, scoring, or eligibility should be submitted to contact@topgunner.io within a reasonable time (e.g., 14 days) of the Contest’s conclusion. TopGunner’s determination on scoring, eligibility, and disqualification is final.

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Part 11

Security & Data Retention Policy

This Security & Data Retention Policy describes the safeguards TopGunner, Inc. (“TopGunner”) uses to protect personal information and Platform data, and how long we retain such data. It supplements, and should be read together with, our Privacy Policy.

1. Security Measures

TopGunner implements administrative, technical, and physical safeguards reasonably designed to protect personal information and Platform data against unauthorized access, use, disclosure, alteration, or destruction, including:

  • Encryption. Data in transit is encrypted using industry-standard protocols (e.g., TLS/HTTPS). Sensitive data at rest (e.g., passwords) is encrypted or hashed using industry-standard methods; TopGunner does not store payment card numbers directly, relying on PCI-DSS-compliant third-party payment processors (e.g., Stripe).
  • Access Controls. Access to production systems and user data is limited to authorized personnel and service providers on a need-to-know basis, with authentication controls in place.
  • Vendor Management. Third-party service providers (hosting, analytics, payment processing, AI tools) are contractually required to maintain appropriate confidentiality and security safeguards for any personal information they process on our behalf.
  • Monitoring and Testing. TopGunner performs reasonable monitoring for security incidents and periodically reviews its security practices as the Platform scales.
  • Incident Response. In the event of a data breach involving personal information, TopGunner will investigate and, where required by applicable law, notify affected users and/or regulators within legally mandated timeframes.

No system is completely secure, and TopGunner cannot guarantee absolute security of information transmitted to or stored on the Platform.

2. Data Retention

TopGunner retains personal information and Platform data according to the following general principles, unless a longer or shorter period is required by law or necessary to resolve disputes and enforce agreements:

  • Account Data. Retained for as long as your account remains active, plus a reasonable period after account closure (e.g., up to 24 months) to allow for account recovery, fraud prevention, and legal compliance, unless you request earlier deletion as described below.
  • Usage and Performance Data (e.g., quiz answers, scores). Retained in identifiable form for as long as reasonably necessary to provide the Service (e.g., progress tracking, leaderboards) and may be retained thereafter in aggregated or de-identified form for analytics and product improvement.
  • Billing Records. Retained as required for tax, accounting, and legal compliance purposes (typically up to 7 years).
  • Support and Communication Records. Retained for a reasonable period to resolve disputes and improve support quality.
  • Security and Fraud Logs. Retained as necessary to detect, investigate, and prevent fraud, abuse, and security incidents.

3. Deletion Requests

You may request deletion of your account and associated personal information by contacting contact@topgunner.io. TopGunner will process valid deletion requests within a reasonable timeframe, consistent with applicable law (e.g., CCPA/CPRA, GDPR), except where retention is required for legal compliance, fraud prevention, dispute resolution, or legitimate business purposes (e.g., aggregated/de-identified analytics, financial records).

4. Data Minimization

TopGunner aims to collect only the personal information reasonably necessary to operate and improve the Platform, and to avoid retaining personal information longer than necessary for the purposes described in our Privacy Policy.

5. International Data

Where applicable, TopGunner applies the safeguards described in Section 7 (“International Users and Data Transfers”) of our Privacy Policy to data originating outside the United States.

6. Changes to This Policy

TopGunner may update this Policy as its security practices, infrastructure, or legal obligations evolve. Updates will be reflected in the “Last Updated” date above.

7. Contact

Security or data retention questions may be directed to contact@topgunner.io.

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