ResidencyAdvisor.com — Terms of Service

Last Updated: August 18, 2025

Welcome to ResidencyAdvisor.com (the “Site”), operated by Residency Advisor LLC (“ResidencyAdvisor,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Site and all related products and services, including SmartPick recommendations, the Advisor Services marketplace, Program Sponsorship placements, and any software, content, or features we provide (collectively, the “Service”).

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) About ResidencyAdvisor / Our Role

1.1 Platform. ResidencyAdvisor provides a technology platform. We are not a party to contracts between students/applicants (“Students”) and independent experts (“Advisors”). We do not supervise, control, guarantee, or assume responsibility for Advisor work, advice, communications, or outcomes.

1.2 No Affiliation. We are not affiliated with NRMP®, The Match®, AAMC®, ERAS®, USMLE®, COMLEX®, FREIDA®, ECFMG, ACGME, or any residency program or medical school. Names/logos of third parties are used for identification and may be trademarks of their respective owners.

1.3 No Professional Advice. Information provided through the Service—including SmartPick outputs, content, and Advisor interactions—is for informational and educational purposes only and not medical, legal, immigration, academic, or professional advice. You remain solely responsible for your decisions.

2) Eligibility; Accounts; Minors

2.1 Eligibility. You must be at least 18 years old and able to form a binding contract. If you are 13–17, you may use the Service only with parental/guardian consent and supervision. The Service is not directed to children under 13, and we do not knowingly collect personal information from them.

2.2 Account. You must provide accurate, current, and complete information, keep it updated, maintain the confidentiality of your credentials, and are responsible for all activities under your account.

2.3 Compliance. You agree to comply with all applicable laws, rules, and regulations.

2.4 Suspension/Termination. We may suspend or terminate accounts for suspected fraud, abuse, non-compliance, or risk to users or the platform.

3) SmartPick, Program Data & Beta Features

3.1 SmartPick Overview. SmartPick generates recommendation lists and scores based on inputs you provide (e.g., exam scores, graduation year, geography, preferences). Free tiers provide limited results; paid tiers provide expanded results.

3.2 Data Sources & Limitations. Program information may come from public sources, program sites, user submissions, vendors, and modeling. Data may be incomplete, outdated, or inaccurate. You must independently verify critical details with official program sources.

3.3 No Guaranteed Outcomes. Any signals, competitiveness ratings, or probabilities are estimates only and do not guarantee interview invitations, match outcomes, or acceptance.

3.4 Automated Processing Transparency. SmartPick uses automated processing. You may request a general description of factors used to generate your results. Where required by law, you may opt out of profiling for marketing by contacting privacy@residencyadvisor.com.

3.5 Beta/Experimental Features. Pre-release or experimental features may be offered and can be rate-limited, contain errors, change, or be discontinued without notice. Use is as-is; do not rely on beta outputs for critical decisions.

3.6 SmartPick Results Subject to Change. SmartPick recommendation lists, rankings, scores, signals, and program order may change at any time without notice due to algorithm updates, data revisions, or system improvements. We make no commitment to maintain consistent results between sessions or over time.

3.7 Use Restrictions (Data). Except as permitted, you may not resell, redistribute, scrape, or bulk export SmartPick results or program data; create competing services using our outputs; or reverse engineer non-public features.

4) Advisor Services Marketplace

4.1 Independent Advisors. Advisors are independent contractors, not employees, agents, or partners of ResidencyAdvisor. Advisors set their own prices, schedules, and service scopes.

4.2 Advisor Representations. Advisors represent and warrant that (a) credentials are truthful; (b) services will be performed with reasonable care and skill; (c) materials do not infringe third-party rights; and (d) they comply with applicable law and institutional policies (including any restrictions on paid advising).

4.3 Confidentiality of Materials. Advisors must keep user-provided materials (e.g., CVs, personal statements) confidential, use them only to deliver the purchased service, and delete them upon user request or within 30 days after completion (unless longer retention is legally required).

4.4 Non-Circumvention. Users and Advisors agree not to solicit or transact off-platform for substantially similar services for 12 months after first contact via the Service, unless ResidencyAdvisor consents in writing.

4.5 Recording. No session may be recorded without mutual written consent. If recorded, you grant us a limited license to store/process the recording for moderation, quality assurance, and dispute resolution.

4.6 Disputes Between Users. We are not a party to user disputes but may, at our discretion, assist with basic mediation and/or enforce platform policies.

5) Sponsored Placements & Advertising

5.1 Sponsored Labels. Certain listings or placements may be labeled “Sponsored.” Sponsorships affect ordering and visibility.

5.2 No Endorsement. Sponsored content is paid advertising and does not constitute endorsement, guarantee, or verification by ResidencyAdvisor.

6) Payments, Subscriptions, Taxes & Refunds

6.1 Payment Processing. Payments are processed by third parties (e.g., Stripe, PayPal, or similar). Your use of payments is subject to their terms. We may use a payments provider with payouts to Advisors (e.g., Stripe Connect).

6.2 Limited Payment Collection Agent. Each Advisor appoints ResidencyAdvisor (or our processor) as its limited payment collection agent solely to accept payments from Students on the Advisor’s behalf. Payment to us is deemed payment to the Advisor.

6.3 Platform Fees. We charge a platform/service fee on Advisor transactions. Displayed pricing may include/exclude such fees based on region/settings.

6.4 Subscriptions; Auto-Renewal. Subscriptions auto-renew until canceled. The renewal term and price are shown at checkout and in your account. You can cancel anytime, effective at the end of the current billing period. If a trial is offered, you will be charged at the end of the trial unless you cancel first.

6.5 Pricing Changes. We may change prices or features on a prospective basis with advance notice via the Service or email. Continued use after the effective date constitutes acceptance.

6.6 Taxes. Prices exclude taxes/duties unless stated otherwise. You are responsible for applicable taxes.

6.7 Refunds & Chargebacks. Except where required by law or expressly stated otherwise:

Digital services and subscriptions are non-refundable once delivered or accessed.
Advisor cancellations/no-shows follow the Advisor’s stated policy.
If an Advisor fails to deliver, contact support within 7 days; we may review and, at our discretion, issue credits or refunds.
You agree not to file chargebacks before contacting support. Repeated or abusive chargebacks may lead to suspension.

6.8 Payouts to Advisors. Subject to identity verification (KYC), compliance checks, reserves, and chargeback risk, payouts are made per processor timelines. We may offset fees, refunds, or chargebacks against payouts.

6.9 Promotions. Coupons, credits, or trials may be modified or discontinued at any time and may carry additional terms.

6.10 U.S. Tax Reporting. Where required, we or our processor may issue Form 1099-NEC to U.S. persons whose payouts meet IRS thresholds.

7) Intellectual Property; Trademarks; DMCA

7.1 Our IP. The Service, including software, design, text, graphics, databases, data models, algorithms, compilations, and trade dress, is owned by us or our licensors and protected by IP laws. No rights are granted except as expressly stated.

7.2 Brand Use. You may not use our names, logos, or marks without written permission; register confusingly similar names; or suggest affiliation, endorsement, or sponsorship.

7.3 Third-Party Marks. The Match®, NRMP®, ERAS®, AAMC®, USMLE®, COMLEX®, FREIDA®, and other names are trademarks of their owners and are not affiliated with ResidencyAdvisor.

7.4 User Content License. You grant ResidencyAdvisor a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your submitted content (e.g., profile info, messages, reviews, uploads) solely to operate, protect, and improve the Service and deliver purchased services. We will not publicly display your application materials without your explicit permission.

7.5 Feedback. You grant us a perpetual, irrevocable license to use ideas, suggestions, or feedback without restriction or compensation.

7.6 DMCA Policy. If you believe content infringes your copyright, send a notice to our DMCA Agent with all information required by 17 U.S.C. §512(c)(3): DMCA Agent: Legal Dept. Address: Residency Advisor LLC, 1920 Teton Ave, Monroe, MI 48162, USA Email: dmca@residencyadvisor.com We may remove content and terminate repeat infringers. Counter-notices may be submitted as permitted by law.

8) Acceptable Use

You agree not to:

violate laws or third-party rights;
scrape, crawl, or harvest data without written permission;
bypass security or rate limits; upload malware; perform denial-of-service;
reverse engineer, decompile, or benchmark non-public features;
manipulate ratings or reviews or submit false/misleading content;
impersonate any person or misrepresent credentials;
share accounts or create multiple accounts to evade limits;
use outputs to build or improve a competing product/service;
upload PHI, education records, or other sensitive data unless de-identified and lawfully shared.

We may remove content or suspend accounts that violate these Terms.

9) No HIPAA/FERPA Services

ResidencyAdvisor is not a HIPAA covered entity or business associate and does not provide FERPA-regulated services. Do not upload patient identifiers or protected health information (PHI) or student education records unless de-identified and lawfully shared.

10) Security; Vulnerability Disclosure

We implement reasonable technical and organizational measures, but no system is perfectly secure. Report suspected vulnerabilities to security@residencyadvisor.com. Testing must not disrupt the Service or access data you do not own. Do not publicly disclose vulnerabilities before remediation.

11) International Use; Export Controls & Sanctions

You are responsible for local law compliance. You may not use the Service if you are subject to U.S. sanctions or on any restricted party list. You agree to comply with applicable export control and sanctions laws.

12) Accessibility

We aim to conform with WCAG 2.1 AA. If you encounter barriers, contact accessibility@residencyadvisor.com and we will work to provide reasonable accommodations.

13) Warranty Disclaimers

THE SERVICE (INCLUDING SMARTPICK, ADVISOR SERVICES, SPONSORED CONTENT, AND ALL FEATURES) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESIDENCYADVISOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) USD $100, OR (B) THE AMOUNTS YOU PAID TO RESIDENCYADVISOR FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; some limitations may not apply to you.

15) Indemnification

You will defend, indemnify, and hold harmless ResidencyAdvisor and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your content; (c) your violation of these Terms or law; (d) your interactions with Advisors or Students; or (e) your reliance on SmartPick results or sponsored content.

16) Dispute Resolution — Arbitration; Class Waiver (U.S.)

Please read carefully—this affects your rights.

16.1 Informal Resolution. Before filing a claim, email legal@residencyadvisor.com with “Dispute” in the subject and a description of your claim. If unresolved within 30 days, either party may proceed to arbitration.

16.2 Binding Arbitration. Except for small-claims matters and IP/unauthorized-access injunctive relief, all disputes arising from or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Venue will be Detroit, Michigan, unless the arbitrator requires remote proceedings for fairness.

16.3 Class Action & Jury Waiver. You and ResidencyAdvisor waive any right to a jury trial and agree to bring claims only in your individual capacity, not as a class member or representative.

16.4 Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@residencyadvisor.com with your name, account email, and a statement that you opt out of arbitration.

16.5 One-Year Limitation. Any claim must be filed within one (1) year after it arose, or it is permanently barred.

17) Term; Termination; Survival

17.1 Term. These Terms remain in effect while you use the Service.

17.2 Termination by Us. We may suspend or terminate access with or without notice for any reason, including policy violations, legal risk, nonpayment, or prolonged inactivity.

17.3 Your Termination. You may stop using the Service at any time and, if applicable, cancel subscriptions via your account.

17.4 Effect. Upon termination, your right to use the Service ceases immediately; accrued payment obligations survive. Sections intended to survive (including IP, disclaimers, limitations, indemnity, dispute resolution) will survive termination.

18) Changes to the Service or Terms

We may modify the Service or these Terms at any time. Material changes will be posted on the Site and/or communicated to you in advance when practicable. Changes become effective on the stated effective date. Your continued use after changes take effect constitutes acceptance.

19) Notices; Contact

We may provide notices via email, in-product messages, or posting on the Site. You may send notices to:

Residency Advisor LLC Attn: Legal 1920 Teton Ave, Monroe, MI 48162, USA legal@residencyadvisor.com

Additional contacts: DMCA: dmca@residencyadvisor.com Security: security@residencyadvisor.com Accessibility: accessibility@residencyadvisor.com Privacy inquiries: privacy@residencyadvisor.com

20) General

20.1 Entire Agreement. These Terms constitute the entire agreement between you and ResidencyAdvisor regarding the Service and supersede prior or contemporaneous agreements on the subject.

20.2 Governing Law. Michigan law governs these Terms and any disputes, except that the Federal Arbitration Act governs Section 16.

20.3 Assignment. You may not assign these Terms without our prior written consent. We may assign or transfer them, including in connection with a merger, sale, or restructuring.

20.4 Severability. If any provision is unenforceable, the remainder remains in full force.

20.5 No Waiver. A failure to enforce any provision is not a waiver of future enforcement.

20.6 Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, major outages, or third-party service disruptions.

20.7 Headings. Headings are for convenience only and do not affect interpretation.

20.8 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and ResidencyAdvisor and do not create rights for any third party.

20.9 Publicity. We will not use your name, institution, or logo for marketing without your consent.

BY USING RESIDENCYADVISOR.COM YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS.

ResidencyAdvisor.com — Privacy Policy

Last Updated: August 18, 2025

This Privacy Policy explains how Residency Advisor LLC (“ResidencyAdvisor,” “we,” “us,” or “our”) collects, uses, shares, and protects personal information when you use ResidencyAdvisor.com and our related services, including SmartPick, the Advisor Services marketplace, and Program Sponsorship features (collectively, the “Service”). It also describes your choices and rights.

By using the Service, you agree to this Policy. If you do not agree, do not use the Service.

1) Who We Are; Scope

Controller: Residency Advisor LLC, 1920 Teton Ave, Monroe, MI 48162, USA — privacy@residencyadvisor.com
This Policy covers personal information we process about Students, Advisors, and visitors to the Service.
This Policy does not apply to third-party websites or services linked from our Service. Their policies apply.

2) Information We Collect

We collect information in three ways: (A) you provide it directly, (B) collected automatically, and (C) from third parties.

A. Information You Provide

Account & Profile: name, email, password, role (Student/Advisor), specialty interests, location (city/state), preferences.
Application Inputs: Step/COMLEX scores, graduation year (YOG), school, visa needs, geographic interests, experiences, memberships, and other data you provide to generate SmartPick results.
Advisor Materials: CVs, personal statements, essays, transcripts, scheduling information, and communications.
Communications: messages, support tickets, reviews/ratings, survey responses.
Payments: billing name, address, subscription tier. Card data is processed by our payment processors; we do not store full card numbers.
Recordings (if enabled): audio/video session recordings with mutual written consent only.

B. Information Collected Automatically

Device/Usage: IP address, device and browser type/version, operating system, language, timestamps, pages viewed, referring/exiting pages, clickstream, and feature usage.
Approximate Location: derived from IP address (city/region/country).
Cookies & Similar Technologies: required (functional) cookies and optional analytics/advertising cookies; see Section 8.

C. Information from Third Parties

Payment providers (payment status, limited billing details).
Authentication/identity vendors (KYC status for Advisor payouts).
Analytics (aggregated usage metrics).
Public sources/program sites (program information), and sponsors (sponsored listings).

We ask you not to upload PHI or other sensitive personal data (e.g., SSN, government IDs). See Section 11.

3) How We Use Information (Purposes)

We use information to:

Provide the Service: account creation, authentication, SmartPick results, Advisor bookings, payments, messaging.
Operate & Improve: troubleshoot, analytics, A/B testing, model tuning, fraud prevention, security monitoring.
Customize: remember settings, pre-fill inputs, suggest relevant programs/advisors.
Communicate: send transactional messages (receipts, service updates), respond to inquiries, and—if you opt in—marketing communications.
Compliance: meet legal obligations, tax reporting, enforce Terms, protect rights, safety, and integrity of the Service.
Research & Development: use de-identified or aggregated data to improve algorithms and SmartPick performance.

Model Improvement: We do not use your uploaded CVs/PS or application documents to train third-party foundation models. We may use de-identified data to evaluate or improve our own features. You can object where applicable (see Section 9).

4) Legal Bases for Processing (EEA/UK Users)

Where GDPR/UK GDPR applies, our legal bases include:

Contract: to provide the Service you request (e.g., SmartPick, Advisor bookings).
Legitimate Interests: to secure and improve the Service, prevent fraud/abuse, personalize content, and conduct analytics (balanced against your rights).
Consent: for optional cookies/marketing and certain data you choose to provide.
Legal Obligation: tax and accounting, responding to lawful requests.
Vital Interests/Public Task: rarely, to protect someone’s vital interests or comply with law.

You may withdraw consent at any time via product settings or by contacting us.

5) Automated Decision-Making & SmartPick

SmartPick uses automated processing to generate program recommendations, scores, and signals based on your inputs. Outputs are estimates and do not guarantee outcomes. You may request a general explanation of the factors considered. Where required, you may object to profiling for marketing or request human review for significant decisions that legally affect you.

We do not sell personal information in the common sense of the term. We share limited information with:

Service Providers/Processors: hosting, analytics, payment processing, email/SMS, customer support, identity/KYC, and security. Bound by contract to use data only for our instructions.
Advisors (for purchased services): we share only the information needed to deliver the service you request. Advisors must keep materials confidential per our Terms.
Sponsors/Partners: we may share aggregated, de-identified statistics about program interest or traffic; we do not share your application documents with sponsors.
Legal/Compliance: to comply with law, enforce agreements, or protect rights, safety, and the integrity of the Service.
Business Transfers: in connection with a merger, acquisition, or sale of assets, subject to this Policy or a successor notice.

Where the term “sell” or “share” is defined broadly by law (e.g., CA/CO/CT/VA), you can opt out of cross-context behavioral advertising—see Section 8.

7) Your Choices

Account Settings: update profile details, change password, and manage preferences.
Marketing Emails: unsubscribe through email footers or account settings.
Advisor Materials: you may request deletion of uploaded documents after service completion; Advisors are expected to delete within 30 days, subject to legal requirements.
Cookies/Tracking: control via our banner and browser settings (see Section 8).

8) Cookies, Analytics & Targeting; Global Privacy Control (GPC)

We use:

Strictly Necessary Cookies: essential for login, security, and core features.
Analytics Cookies: to understand usage and improve the Service.
Advertising/Targeting Cookies (if enabled): to measure campaigns and personalize content.

You can manage preferences via our cookie banner/settings. Where laws require, analytics and advertising cookies will be off by default unless you consent.

Global Privacy Control (GPC): We honor GPC signals as an opt-out of sale/sharing where legally required. You can also use in-product settings or contact us to manage preferences.

Do Not Track (DNT): The Service does not respond to DNT signals due to lack of a uniform standard; we honor GPC instead.

9) Your Privacy Rights

Your rights depend on your location. Subject to exceptions, you may have rights to:

Access/Know the categories and specific pieces of personal information we have about you.
Correct/Rectify inaccuracies.
Delete/Erase personal information.
Portability of certain information.
Restrict/Object to certain processing (e.g., profiling for marketing).
Opt Out of sale/sharing for targeted advertising (as defined by CPRA/US state laws).
Limit Use and Disclosure of Sensitive Personal Information (California).
Appeal a denial of your request (certain U.S. states).

To exercise rights, email privacy@residencyadvisor.com with your request and the email tied to your account. We may request information to verify your identity. You may use an authorized agent where permitted by law.

California “Notice at Collection” (Summary)

We collect: identifiers (name, email, IP), commercial info (subscription tier), internet activity (usage logs), geolocation (approximate), education/professional data you submit (scores/YOG), inferences (program interest), and (if provided) limited sensitive data (account credentials). Purposes: provide and secure the Service, SmartPick, payments, analytics, marketing (with consent), and compliance. Sources: you, your devices, processors, and public sources. Sharing: processors, advisors (with your direction), legal/compliance, and business transfers. Retention: see Section 10. Sale/Share: we do not sell data in the conventional sense; you may opt out of cross-context behavioral advertising via our cookie settings or GPC.

10) Retention

We retain data only as long as necessary for the purposes described in this Policy, including to provide the Service, comply with legal obligations, resolve disputes, and enforce agreements. Typical periods (subject to change by law/business needs):

Account & profile: life of the account.
Billing/tax records: 7 years.
Support/chat logs: 24 months.
Advisor work files: ≤ 30 days post-service (unless required longer by law).
Backups: retained for a limited time per our backup policies.

You can request deletion at privacy@residencyadvisor.com. We may retain limited records for legal or security reasons.

11) Security

We implement reasonable technical and organizational safeguards (e.g., encryption in transit, access controls, logging). No method is 100% secure. Report issues to security@residencyadvisor.com. Testing must be responsible and not access data you do not own.

12) Children

The Service is not directed to children under 13, and we do not knowingly collect personal information from them. Users aged 13–17 may use the Service only with parental/guardian consent and supervision. If you believe we collected data from a child under 13, contact us to delete it.

13) International Transfers

We are based in the United States and may transfer personal information to the U.S. and other countries that may not provide the same level of data protection as your home country. Where required, we use appropriate safeguards, such as Standard Contractual Clauses (SCCs) and supplementary measures.

Our Service may link to third-party sites/services and may include social media widgets. Those third parties’ policies control their practices. Review their privacy policies. We are not responsible for their content or privacy practices.

15) Changes to this Policy

We may update this Policy from time to time. Material changes will be posted on the Site and/or communicated to you in advance when practicable. The “Last Updated” date above reflects the effective date. Continued use of the Service after changes take effect signifies acceptance.

16) Contact Us

Residency Advisor LLC Attn: Privacy 1920 Teton Ave, Monroe, MI 48162, USA privacy@residencyadvisor.com

If you have an unresolved privacy concern, please contact us. Certain jurisdictions may allow you to contact a supervisory authority or file a complaint if you believe your rights were violated.

Advisor Addendum (Key Points)

Advisors must process user-provided documents only to deliver purchased services and must delete them within 30 days post-service (unless required by law).
Advisors must not request or retain PHI or student education records; do not store government IDs.
Advisors must use secure devices/accounts and comply with all applicable privacy laws and institutional policies.

SmartPick Transparency Note

SmartPick uses your profile inputs (e.g., scores, YOG, geography) and program-level data (e.g., historic ranges, friendliness tags) to generate recommendations.
Outputs are estimates, not guarantees. You can request an overview of the factors used and opt out of profiling for marketing uses where applicable.