Terms of Use
Effective Date: 4/8/2026
These Terms of Use (the "Agreement") set forth the legally binding terms and conditions between you ("User," "you," or "your") and Breeze Education, LLC ("Breeze Education," "we," "us," or "our"). This Agreement governs your access to and use of the website located at BreezeEd.com (the "Site") and the products, interactive features, practice exams, flashcards, and software offered through the Site (collectively, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (SECTION 10), AS WELL AS MEDICAL AND EDUCATIONAL DISCLAIMERS (SECTION 8).
1. Introduction and Acceptance of Terms
1.1 Agreement to Terms: By registering for an account, purchasing a subscription, or otherwise accessing or using the Services, you accept and agree to be bound by this Agreement. If you do not agree to these terms, you must not access or use the Services.
1.2 Changes to the Terms: Breeze Education reserves the right to modify or update this Agreement at any time in its sole discretion. Any changes will be effective immediately upon posting to the Site. Your continued use of the Services following the posting of revised terms constitutes your acceptance of the changes. Significant changes may also be communicated via email or notice on the Site.
1.3 Eligibility: You must be at least 18 years of age to register for and use the Services. The Services are intended for use by residents of the United States. By accessing the Services, you represent that you meet these eligibility requirements.
2. Account Registration and Security
2.1 Account Creation: To access the Services, you must create an account and provide current, complete, and accurate information. You are entirely responsible for maintaining the confidentiality of your password and account.
2.2 Prohibition of Account Sharing: Your subscription is for your individual, personal use only. You may not authorize others to use your account, and you may not assign, sell, rent, or transfer your account to any other person. We actively monitor account activity for simultaneous logins and unusual IP address patterns. If we determine, in our sole discretion, that an account is being shared or compromised, we reserve the right to immediately terminate the account without notice and without a refund.
2.3 Institutional Accounts: If your subscription was purchased by, or provided through, an educational institution (e.g., a PA program or university), you acknowledge and agree that Breeze Education may share your performance data, test scores, and usage metrics with authorized faculty or administrators of that institution.
2.4 Account Terminations: Breeze Education may suspend or terminate accounts at its sole discretion for violations of this Agreement, fraudulent activity, or other conduct deemed harmful to the Services or community.
3. Subscriptions, Billing, and Guarantees
3.1 Pricing and Payment Terms: By purchasing a subscription, you authorize Breeze Education and our third-party payment processors to charge your selected payment method for the applicable fees and taxes. All fees are stated in U.S. Dollars.
3.2 Pricing Errors: We strive for accuracy, but occasional pricing or typographical errors may occur. We reserve the right to cancel any orders placed for a subscription listed at an incorrect price, even if the order has been confirmed and your credit card charged. If canceled due to a pricing error, we will issue a full refund to your original payment method.
3.3 30-Day Satisfaction Guarantee: If for any reason you are dissatisfied with the Services, you may request a full refund within thirty (30) days of your initial purchase date. To request a refund, please contact our support team.
3.4 PANCE Pass Guarantee: Breeze Education offers a Pass Guarantee for eligible users who fail the Physician Assistant National Certifying Examination (PANCE). To qualify for a full refund or a free subscription extension (at the user's choice), you must meet all of the following criteria:
You must have answered a minimum of 300 practice questions within the Breeze Education Q-bank prior to the date of your PANCE exam.
You must submit a copy of your official NCCPA score report showing a failing grade to Breeze Education within thirty (30) days of receiving the results.
The name on the NCCPA score report must exactly match the name registered to your Breeze Education account.
4. License Grant and Acceptable Use Policy
4.1 Limited License: Subject to your compliance with this Agreement and payment of all applicable fees, Breeze Education grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial educational preparation.
4.2 Anti-Piracy and Prohibited Conduct: The content provided in the Services (the "Licensed Materials") is highly proprietary. While using the Services, you strictly agree NOT to:
Copy, capture, photograph, or screenshot the contents of any screen (including via third-party applications or OEM functionality).
Print, download, or distribute Licensed Materials, except where specifically permitted by a "Print" or "Download" button provided by us.
Use any robot, spider, scraper, web crawler, or other automated means to access, extract, or mine data from the Services.
Attempt to reverse-engineer, decompile, or bypass any security features of the Site.
Any attempt to pirate, screenshot, or distribute Licensed Materials will result in immediate account termination without refund and potential civil or criminal liability.
4.3 "Reasonable Use" Policy: The Services are designed to facilitate careful review for individual study. "Reasonable Use" does not include the rapid generation of tests without a reasonable time for completion, generating an excessive number of tests in a short period solely to expose the entire Q-bank, or usage patterns indicative of bot-scraping. Usage determined by Breeze Education not to fall under Reasonable Use may result in account suspension or termination.
4.4 Research and Analytics: You agree that we may collect and use aggregated and de-identified usage data for research, analytics, and educational improvement purposes, including understanding learning behaviors, measuring engagement, and enhancing the effectiveness of the Services.
5. User-Generated Content (Community Flashcards)
5.1 Submission of User Content: The Site may allow users to create, upload, and share flashcard decks, notes, or other materials ("User Content") with the Breeze Education community.
5.2 License Granted to Breeze Education: By posting or uploading User Content to public or community areas of the Site, you grant Breeze Education a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable license to use, host, reproduce, modify, display, distribute, and perform such User Content in connection with operating and providing the Services.
5.3 Content Moderation: Breeze Education does not guarantee the accuracy, quality, or medical validity of any User Content (including community flashcards). You rely on User Content entirely at your own risk. We reserve the right, but have no obligation, to screen, monitor, or remove any User Content at our sole discretion.
5.4 Content Restrictions: You agree NOT to upload flashcards or materials that contain verbatim or copyrighted questions/explanations from competitors (e.g., UWorld, Rosh Review, Smarty PANCE), official NCCPA exam materials, malware, or offensive material.
6. Intellectual Property Rights
6.1 Ownership: All content on the Site, including practice questions, explanations, text, graphics, logos, software code, and the compilation thereof, is the exclusive property of Breeze Education, LLC or its licensors and is protected by U.S. and international copyright and trademark laws. All rights not expressly granted herein are reserved.
6.2 No Affiliation: Breeze Education is an independent commercial educational service provider. We are NOT affiliated with, sponsored by, or endorsed by the National Commission on Certification of Physician Assistants (NCCPA), the Physician Assistant Education Association (PAEA), or any other official testing organization.
6.3 DMCA Takedown Policy: If you believe your copyrighted work has been infringed by a user uploading materials to our Site, please notify us immediately at support@breezeed.com. Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) and include your signature, identification of the infringed work, the location of the infringing material on our Site, your contact information, and a statement made under penalty of perjury that you are the authorized copyright owner. We may terminate accounts of repeat infringers.
7. Technology and Interactive Features
7.1 Use of Advanced Technology: Breeze Education may utilize artificial intelligence (AI) and automated tools to support, generate, or enhance certain features of the Services. As with all educational resources on the Site, you are responsible for independently verifying any information provided, as further detailed in Section 8.
7.2 Prohibited Data Entry (HIPAA/PHI): When using any interactive features, chatbots, or search tools on the Site, you are strictly prohibited from entering any real patient data, personally identifiable information (PII), or Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Any violation may result in immediate account suspension or termination.
7.3 Scope of Use for Interactive Features: The interactive tools and chatbots provided on the Site are intended strictly for medical education and PANCE exam preparation. You agree to use these features solely for academic inquiry directly related to your study experience. You are strictly prohibited from using these features for personal inquiries, generating non-educational content, discussing off-topic subject matter, or attempting to bypass, manipulate, or "jailbreak" the underlying system instructions of these tools.
8. Medical, Clinical, and Educational Disclaimers
8.1 Educational Purposes Only: The practice exams, flashcards, interactive tools, and materials provided by Breeze Education are designed solely as educational tools to assist students in exam preparation. They are not intended to accurately predict your performance on the actual PANCE exam, and you should not interpret your results as a guarantee of passing.
8.2 Errors and Omissions: Medicine is a rapidly evolving field. We cannot represent or warrant that the Site, the Services, or any content provided therein is entirely free of errors, omissions, or outdated information. You expressly agree to conduct your own due diligence and verify any information obtained from this Site against primary medical textbooks and current clinical guidelines.
8.3 Not Medical Advice: The information contained on the Site is NOT intended as, and shall not be construed as, medical, health, or diagnostic advice. Our content does not create a provider-patient relationship and is not a substitute for professional medical advice.
8.4 Clinical Judgment & Dosages: The dosages, indications, and methods of use for treatments discussed in our educational materials may not reflect the most current package inserts, hospital protocols, or local guidelines. ANY DIAGNOSTIC PROCEDURES OR TREATMENTS MUST NOT BE UTILIZED BY CLINICIANS WITHOUT INDEPENDENT EVALUATION OF THEIR REAL-WORLD PATIENTS’ CONDITIONS. You agree to use independent clinical judgment before taking any action or implementing any treatment plan suggested by materials on this Site.
9. Disclaimers of Warranties and Limitation of Liability
9.1 "As Is" Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BREEZE EDUCATION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.
9.2 Limitation of Liability: IN NO EVENT SHALL BREEZE EDUCATION, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. BREEZE EDUCATION’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BREEZE EDUCATION FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.3 Indemnification: You agree to defend, indemnify, and hold harmless Breeze Education and its affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement, your User Content, or your use of the Services to treat patients or make clinical decisions. This includes claims arising from unauthorized disclosure of institutional data or misuse of interactive tools.
10. Dispute Resolution and Governing Law
10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio, without regard to its conflict of laws principles.
10.2 Mandatory Binding Arbitration: You and Breeze Education agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be settled by binding, individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Ohio, or at another mutually agreed upon location. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
10.3 Class Action Waiver: YOU AND BREEZE EDUCATION 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. This waiver applies to claims arising under federal or state consumer protections laws, intellectual property, or privacy laws.
11. Miscellaneous Provisions
11.1 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11.2 Force Majeure: Breeze Education shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, fires, floods, pandemics, strikes, or severe internet/telecommunications outages.
11.3 Entire Agreement: This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and Breeze Education regarding the Services and supersedes all prior agreements, understandings, or representations.
11.4 Contact Information: If you have any questions regarding this Agreement, or wish to report a violation, please contact us at:
Breeze Education, LLC
Email: support@breezeed.com
Website: BreezeEd.com
