Shiken Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the online platform, AI coaching, meeting recording and interactive learning resources provided under the “Shiken” brand (the “Service” or the “System”) by Meddicle Ltd, a company registered in England and Wales with company number 08563283, registered office 3rd Floor, 86–90 Paul Street, London EC2A 4NE, United Kingdom (“Provider”, “we”, “us” or “our”).

By clicking “Sign up”, “Sign in”, or otherwise accessing or using the Service, you (“Customer”, “you” or “your”) agree to these Terms and to our Privacy Policy. If you do not agree, you may not use the Service. If you are entering into these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and “Customer” means that organisation.

1. How you access the Service

1.1 Two access models. The Service may be accessed either (a) on a self-service basis by signing up on our website, on a free or paid subscription (“Subscription Customers”); or (b) under a separate, mutually signed order form (“Order Form Customers”).

1.2 Order Form Customers. If you have signed an Order Form with us, these Terms apply alongside our Master Sales Terms and Conditions, our Data Processing Agreement (the “DPA”), and any applicable module addendum or Business Associate Agreement. In the event of a conflict, those documents prevail over these Terms in the order of precedence set out in the Master Sales Terms and Conditions.

1.3 Entire agreement. These Terms, together with our Privacy Policy and any documents they expressly incorporate, are the entire agreement between you and us regarding the Service and supersede all prior agreements, proposals and representations on the subject. Terms in any purchase order or similar document you issue do not apply and are void unless we agree to them in a signed writing.

2. Your account and users

2.1 Account. You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential. Notify us promptly at info@shiken.ai if you believe your account has been compromised. You must be at least 16 years old (or the minimum age of digital consent in your country) to use the Service.

2.2 Authorized Users. Where you provision access for your employees, contractors or (for educational institutions) enrolled students (“Authorized Users”), access is limited to the number of users covered by your plan or Order Form. An account may not be shared by more than one individual, though you may reassign a licence in its entirety to another individual. You are responsible for your Authorized Users’ compliance with these Terms.

2.3 Suspension. We may suspend or deactivate any account or credential in the event of a security breach, non-payment, or breach of these Terms, using commercially reasonable efforts to give you prompt notice.

3. Subscriptions, fees and cancellation

3.1 Billing. Paid subscriptions are billed monthly or annually in advance, depending on the plan you select. You authorise us and our third-party payment processor to charge your payment method at the start of each billing cycle. All fees are exclusive of VAT, sales, use and similar taxes, which you are responsible for paying.

3.2 Renewal and cancellation. Unless you cancel before the end of the current billing period, your subscription renews automatically for a further period of the same duration. If you cancel, your subscription remains active until the end of the current billing period and no further charges are made. You can cancel at any time in your account settings.

3.3 Refunds. Except as set out in Section 3.4 or as required by law, payments are non-refundable and there are no refunds or credits for partially used periods.

3.4 Your statutory rights. Nothing in these Terms affects any non-waivable statutory rights you have. If you are a consumer in the United Kingdom or European Economic Area, you have a legal right to cancel a purchase within 14 days of entering into it. By starting to use the Service immediately you ask us to begin supply within that period, and you acknowledge that you will lose the right to cancel once the Service has been fully performed; where the Service has been partly supplied, we may charge you a proportionate amount for what you have used.

3.5 Failed payments and price changes. If a payment fails we will retry it. If payment is not completed, access may be suspended and, if the position is not resolved, we reserve the right to delete the account and stored data permanently. We may change pricing from time to time and will give you advance notice before a change applies to your next billing cycle.

3.6 Free plans and trials. We may offer free or trial access. Free and trial access is provided “as is”, may be limited in features or capacity, and may be modified or withdrawn at any time.

4. Licence and acceptable use

4.1 Licence. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence during your subscription to access and use the Service for your internal business or educational purposes.

4.2 Restrictions. You shall not, and shall not permit any Authorized User or other person to:

• resell, sublicense, lease, time-share or otherwise make the Service available to any third party, including for third-party training or service bureau use;
• copy or transfer the Service or any component of it;
• modify, adapt or make derivative works of the Service, or reverse engineer, decompile, disassemble or otherwise attempt to discover its source code, object code, underlying structure, model weights or algorithms (this does not prevent you configuring the Service through its standard user interface);
• remove, obscure or alter any proprietary notices or trademarks;
• use the Service in breach of any applicable law or regulatory requirement;
• introduce any virus or other code intended to disrupt or damage the Service, or collect information about the Service or its users;
• use the Service to send or store infringing or unlawful material;
• access the Service to build a competitive product or service, or to copy its features, content or user interface, including by screen scraping or by using outputs of the Service to train, fine-tune or evaluate a machine learning model; or
• access or use the Service by means of any interfacing program, script, automated program, agent or “bot”, except as we authorise in writing.

4.3 Prohibited content. You shall not access, store, distribute or transmit material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; that is discriminatory on the basis of race, gender, colour, religious belief, sexual orientation or disability; or that is otherwise illegal or causes damage or injury. We may disable access to and remove any material that breaches this Section.

5. Artificial intelligence: what the Service is and is not

5.1 Nature of AI output. The Service uses artificial intelligence and machine learning, including large language models supplied by third parties, to generate coaching feedback, assessment scores, summaries, transcripts, avatars and other output. That output is probabilistic and may be inaccurate, incomplete, biased or unsuitable for a particular purpose. It is provided for training, learning and development purposes only, does not constitute professional advice (medical, legal, financial or otherwise), and must not be relied upon as such. You are responsible for reviewing and verifying output before acting on it.

5.2 Not the sole basis for significant decisions. You shall not use the Service or its output as the sole basis for any decision producing legal or similarly significant effects concerning an individual — including decisions on employment, promotion, discipline, remuneration, licensure, academic progression, credentialing or clinical care — and you shall ensure meaningful review by a suitably qualified person with the authority and competence to disregard the output.

5.3 Intended purpose. The Service is provided for training, learning, coaching and development. You shall not use it or its output: (a) to make or materially inform decisions on recruitment, selection, promotion, remuneration, discipline, termination or task allocation; (b) as an input to a formal performance review or appraisal; (c) to evaluate learning outcomes where those outcomes determine access to, admission to or progression within a course of education or vocational training; (d) to monitor or evaluate the conduct of a live customer, patient or third-party interaction for the purpose of assessing a user; or (e) to infer the emotions of any individual in a workplace or educational setting. If you wish to use the Service outside this intended purpose you must tell us in advance in writing; we may decline, in which case you shall not proceed.

5.4 Transparency. Where you deploy the Service to Authorized Users, you shall inform them of the use of artificial intelligence within the Service, including automated scoring and feedback, and of their rights under applicable data protection law. Where your deployment constitutes a high-risk or otherwise regulated use under applicable law (including the EU AI Act), you are responsible for any required impact assessment, registration, notification or human-oversight measure, and we will provide reasonable information to support it.

6. Meeting recording and notetaking

This Section applies where you use any feature that captures, transcribes, summarises or analyses audio or video of a meeting or call, including the Shiken notetaker and meeting recorder (the “Meeting Recording Features”). It does not apply to audio or video captured within an AI roleplay or coaching session that you initiate yourself.

6.1 You are responsible for consent. Recording laws differ by country and by state, and some require the consent of every participant. You are solely responsible for determining what notice and consent are required, and for obtaining them from every participant, before any recording begins. You must not use the Meeting Recording Features where any participant has not consented, or has asked not to be recorded.

6.2 Disclosure. You shall make the use of recording and AI transcription clear to participants — for example in the meeting invitation and verbally at the start of the call — and shall honour any request to stop recording or to delete a recording. We provide configurable consent, disclosure and opt-out controls in the Service; you are responsible for configuring and using them appropriately for your jurisdiction and use case.

6.3 Sensitive meetings. Unless we have expressly agreed otherwise in writing (and, where applicable, executed a Business Associate Agreement), you shall not use the Meeting Recording Features for any meeting in which protected health information, special category personal data, or privileged or similarly sensitive information is likely to be discussed.

6.4 Indemnity. You will indemnify us against any claim brought by a meeting participant or other third party arising from your failure to obtain any notice, consent or authorisation required in connection with the Meeting Recording Features.

7. Your content, our content

7.1 Your content. You retain ownership of the content and information you or your Authorized Users provide or create in the Service, including learning materials, scenarios, prompts, recordings, transcripts and uploads (“Customer Content”). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit and display Customer Content solely to provide and support the Service. You are responsible for Customer Content and confirm you have all rights, consents and permissions necessary to provide it to us.

7.2 Our content. As between you and us, all content, data, analysis, code and output of the Service — including question banks, assessment and coaching rubrics, scoring output, generated feedback, summaries, avatars and virtual humans (“System Content”) — and all intellectual property rights in the Service are and remain our property. You may use System Content for your own internal business or educational purposes, but shall not disclose it wholesale in the form provided by the Service, or use it to build a competing product or service.

7.3 Feedback. If you send us suggestions or feedback, you grant us a royalty-free, perpetual, irrevocable, worldwide licence to use it without restriction or obligation to you.

8. Data protection and model training

8.1 How we handle personal data. Our processing of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor (including learner data, recordings and transcripts), that processing is governed by our Data Processing Agreement, which is incorporated into these Terms for that purpose and prevails over these Terms in respect of the processing of personal data.

8.2 We do not train third-party models on your identifiable data. We do not use Customer Content or learner data in identifiable form to train, fine-tune or otherwise improve any general-purpose or foundation machine learning model made available to third parties, and we contractually prohibit the third-party model providers we use from doing so. We may use data in aggregated, anonymised or de-identified form to analyse, secure and improve the Service; we will not attempt to re-identify that data or disclose you or any individual as its source.

8.3 Your responsibilities. Where you deploy the Service to Authorized Users you are the controller of their personal data and are responsible for establishing a lawful basis, issuing the required privacy notices, ensuring content may lawfully be provided to us, and configuring the privacy, retention, sharing and consent controls available in the Service.

8.4 Security. We maintain technical and organisational measures appropriate to the risk, including encryption in transit and at rest, access control, logging, and personnel screening and training. No system is perfectly secure, and we do not warrant that the Service will be free from all vulnerabilities.

8.5 Export of your data. You should retain your own copies of Customer Content. On request made within 30 days of termination or expiry, and provided all amounts due have been paid, we will make available a file of your Customer Content in a structured, commonly used, machine-readable format. After that period we may delete it.

9. Third-party services

The Service integrates with third-party services (for example calendar, video conferencing, storage, messaging and CRM providers, and third-party AI model providers). Your use of a third-party service is governed by that provider’s own terms, and we are not responsible for it. Enabling an integration authorises us to exchange the data necessary for it to function.

10. Availability and changes

10.1 Availability. We use commercially reasonable efforts to keep the Service available, but it is provided without an uptime commitment unless your Order Form states otherwise. We may perform maintenance, and may modify, suspend or discontinue features from time to time.

10.2 Changes to these Terms. We may update these Terms. If a change is material we will give reasonable advance notice by email or in the Service before it takes effect. If you do not accept a change, your remedy is to stop using the Service and cancel before the change takes effect; continued use after that date means you accept the updated Terms.

11. Warranties and disclaimers

11.1 We warrant that the Service will conform in all material respects to its published documentation, and that we have authority to enter into these Terms.

11.2 To the maximum extent permitted by law, and except as expressly stated in these Terms, the Service and all System Content are provided “as is” and we exclude all other warranties, express or implied, including satisfactory quality, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that access to or use of the Service will be uninterrupted, error-free or secure, or that System Content, transcripts or AI-generated output will be accurate, complete or timely.

12. Limitation of liability

12.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited — including, if you are a consumer, your non-waivable statutory rights.

12.2 To the maximum extent permitted by law, neither party is liable to the other for consequential, incidental, exemplary, punitive or special damages, or for loss of use, data, profits, goodwill or business interruption, arising out of or relating to these Terms, whether in contract, tort or otherwise, even if advised of the possibility of such damages.

12.3 To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms, the Service or System Content, under any theory of liability, shall not exceed the greater of (a) the total amount you paid us in the twelve months immediately preceding the event giving rise to the liability; or (b) one hundred pounds sterling (£100).

12.4 You are responsible for your use of the Service, and you will indemnify us against claims arising from your Customer Content, your breach of these Terms, your use of the Service outside its intended purpose under Section 5.3, and your obligations under Section 6 (meeting recording).

13. Term, suspension and termination

13.1 These Terms apply for as long as you use the Service. You may stop using the Service and cancel at any time as described in Section 3.2.

13.2 We may suspend or terminate your access immediately if you materially breach these Terms and do not cure the breach within 30 days of written notice, or immediately and without notice where your use presents a security, legal or regulatory risk, or where required by law.

13.3 On termination your licence ends and you must stop using the Service. Sections that by their nature should survive — including Sections 4.2, 5, 7, 8, 11, 12 and 14 — survive termination.

14. Governing law and disputes

14.1 Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Business customers — arbitration. If you are using the Service for business purposes, any dispute arising out of or in connection with these Terms shall be finally resolved by binding arbitration seated in London, England, administered by the London Court of International Arbitration under the LCIA Arbitration Rules, before a single arbitrator, conducted confidentially in English. Disputes will be arbitrated only on an individual basis and not consolidated with any other party’s claims, including class actions. Either party may seek injunctive relief in court for the alleged unlawful use of its intellectual property, and small claims may be brought in a court of competent jurisdiction.

14.3 Consumers. If you are a consumer, Section 14.2 does not apply to you. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales, and nothing in these Terms deprives you of the protection of the mandatory laws of your country of residence or of your right to bring proceedings in the courts of that country.

15. General

15.1 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or to a successor in connection with a merger, reorganisation or sale of substantially all of our assets.

15.2 Severability and waiver. If any provision is held invalid or unenforceable, it shall be modified only to the extent necessary and the remainder shall continue in force. A failure to enforce any provision is not a waiver of it.

15.3 Force majeure. Neither party is responsible for delays or failures in performance resulting from causes beyond its reasonable control, provided it uses commercially reasonable efforts to mitigate them.

15.4 Third parties. Except for the indemnified parties identified in these Terms, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

15.5 Notices. We may give notice via the Service or by email to the address on your account. Notices to us should be sent to info@shiken.ai.

16. Contact us

Meddicle Ltd (company no. 08563283)
3rd Floor, 86–90 Paul Street, London EC2A 4NE, United Kingdom
info@shiken.ai