CAPNO

CAPNO Studio Terms of Service

Effective date: August 24, 2026
Last updated: August 24, 2026

These Terms of Service (the “Terms”) govern access to and use of the hosted CAPNO Studio service, operated by Capno Labs LLC (“Capno Labs,” “we,” “us”). The Service is provided through studio.capno.app (the simulator) and start.capno.app (account onboarding, organization management, and billing). By creating an account or using the Service, you agree to these Terms. If you are accepting on behalf of an educational institution or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

These Terms apply only to the hosted Service. The CAPNO Studio open-source software is separately licensed under the Apache License 2.0 and is not governed by these Terms (see Section 9).

1. Definitions

2. The Service

CAPNO Studio is an anesthesia simulation platform for education. A Faculty User drives a simulated patient monitor in real time; Student Viewers watch a mirrored monitor; sessions end in a scored debrief report. The hosted Service adds accounts, organizations and roles, and cloud storage that synchronizes Faculty Users’ custom scenarios and session records within their Institution, with optional program analytics and managed AI Features depending on the Customer’s plan (Section 8).

The software also runs locally in the browser and can operate offline; data handled purely on-device is described in the Privacy Policy and is not transmitted to Capno Labs.

Some capabilities may be offered as pilot, beta, or pre-release features (for example, features rolling out with pilot programs). Such features are provided as-is, may change or be withdrawn, and are excluded from any availability or continuity commitments in these Terms, including Section 16’s commitment regarding core functionality.

3. Medical and Simulation Disclaimer

READ THIS SECTION CAREFULLY.

THE SERVICE IS FOR SIMULATION AND EDUCATION ONLY — NOT FOR CLINICAL USE. THE SERVICE IS NOT A MEDICAL DEVICE. NEVER USE THE SERVICE FOR CLINICAL CARE, DIAGNOSIS, TREATMENT, PATIENT MONITORING, OR ANY OTHER CLINICAL PURPOSE.

Without limiting the foregoing:

  1. The Service simulates physiology and monitoring displays for training purposes. Displayed vital signs, waveforms, alarms, and physiological responses are simulated and are not derived from, and must not be connected to or relied upon for, any real patient.
  2. Scenario content — including drug names, doses, treatment sequences, and physiological values, whether bundled, faculty-authored, or AI-assisted — is teaching material. It is not medical advice and is not warranted to be accurate, complete, or current for patient care.
  3. Debrief reports are educational records of a simulation session. As stated on each report: they are “simulation only — not a clinical record.”
  4. The Service is not intended to satisfy, and Capno Labs does not represent that it satisfies, any regulatory requirement applicable to medical devices or clinical software in any jurisdiction.

You agree not to use, deploy, or permit the use of the Service in any clinical setting or for any clinical purpose.

4. Eligibility and Accounts

  1. Intended users. The Service is intended for use by educational institutions and their faculty, staff, and enrolled learners in healthcare education. Any Faculty User may create an organization for their institution or program on the free trial plan; accepting these Terms when creating or joining an organization binds the organization as described above.
  2. Age. The Service is not directed to children. Faculty Users must be at least 18 years old.
  3. Account security. Faculty Users sign in with an email address and password. You are responsible for safeguarding credentials and for activity under your accounts, and you will notify us promptly of any suspected unauthorized use.
  4. Organizations and roles. An organization is created at start.capno.app; the creating Faculty User becomes its owner. Owners may invite Faculty Users by email, manage membership, and are the only role that can purchase or manage the organization’s subscription. Access to records is controlled by these roles. Student Viewers do not have accounts. You are responsible for use of the Service by your Faculty Users and Student Viewers — including Student Viewers, who do not themselves accept these Terms — and for their compliance with these Terms.
  5. Classroom access controls. Optional in-app conveniences such as a faculty PIN or session join codes are classroom-coordination features, not security measures, and we make no representation that they prevent unauthorized access. Account authentication (this Section 4) is the access-control mechanism for stored data.

5. Acceptable Use

You will not, and will not permit others to:

  1. use the Service for clinical care or any purpose prohibited by Section 3;
  2. use the Service in violation of applicable law, or upload User Content that is unlawful, infringing, or that you lack rights to submit;
  3. submit real patient data or protected health information to the Service (see Section 6.4);
  4. probe, scan, or test the vulnerability of the Service without our prior written authorization, circumvent access controls, or access accounts or data of others without authorization — good-faith vulnerability reports are welcome at hello@capno.app;
  5. interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable load on it;
  6. resell, sublicense, or provide the hosted Service to third parties as a commercial offering, except as expressly agreed with Capno Labs in writing. (This restriction applies to the hosted Service only; your rights to the open-source software under Apache-2.0, including the right to self-host and offer it to others, are unaffected — see Section 9.);
  7. use the Service in violation of United States export-control or economic-sanctions laws. You represent that you are not located in an embargoed jurisdiction and are not on any US government restricted-party list.

6. User Content

  1. Ownership. As between you and Capno Labs, you retain all rights in your User Content. Capno Labs does not claim ownership of your scenarios, session records, or debriefs.
  2. License to operate. You grant Capno Labs a limited, non-exclusive, worldwide license to host, store, transmit, display, and process User Content solely as necessary to provide and secure the Service and as permitted by the Privacy Policy.
  3. Responsibility. You are responsible for User Content your users submit, including any personal information Faculty Users choose to enter (for example, optional learner names on debrief reports), and for having any permissions required to record it.
  4. No PHI. The Service is designed for simulated patients only. You must not submit protected health information or other real patient data. Capno Labs is not a “business associate” under HIPAA, and no business associate agreement is offered unless separately signed in writing.
  5. Export and deletion. The Service provides means to export your session records and scenarios (including printable debrief reports and scenario files). Upon termination, we will delete or return User Content as described in Section 11 and the Privacy Policy.

7. AI Features

  1. Optional. AI Features are optional. When not enabled for your organization and not configured by you, the Service renders no AI functionality and sends no data to model providers.
  2. Third-party models. AI Features use third-party large language model providers. Depending on configuration, either (a) your browser sends requests directly to a provider you choose, using an API key you supply and store locally — such use is governed by that provider’s terms, and your key is not transmitted to Capno Labs — or (b) requests are routed through a gateway operated by Capno Labs using your authenticated session, under a plan that includes managed AI Features. For managed AI Features, we do not authorize AI providers to use your User Content or identifiable learner information to train their general-purpose models. The Privacy Policy describes what is sent in each case.
  3. Faculty review required. AI output is simulation-authoring assistance only — not clinical guidance. All AI-generated content must be reviewed by a qualified Faculty User before use with learners. AI-drafted scenarios are tagged as AI-generated until reviewed.
  4. No warranty of output. AI output may be inaccurate or incomplete. Capno Labs does not warrant the accuracy, completeness, or clinical validity of AI output, and Section 3 applies fully to it.

8. Fees, Plans, and Renewal

  1. Plans. The Service is offered on a free trial plan (limited features and a limited number of Faculty User seats) and a paid annual site license per Institution (not per seat), which includes the full feature set, such as program analytics and managed AI Features. Current plan contents and pricing are presented at purchase. We may change what the free trial plan includes with reasonable notice.
  2. Purchases. Only an organization’s owner may purchase or manage its site license. Fees are as quoted at the time of purchase. Payments are processed by a third-party payment processor (currently Stripe); Capno Labs does not receive full payment-card numbers.
  3. Renewal. The site license runs for a one-year term and renews automatically for successive one-year terms at the then-current rate unless cancelled before the renewal date. We will send a renewal reminder to the organization owner’s account email before each renewal as required by applicable law.
  4. Cancellation. The owner may cancel at any time, effective at the end of the then-current term; the Service remains available through the end of that term, after which the organization returns to the free trial plan.
  5. Refunds. Except where required by law or expressly agreed in writing, fees are non-refundable and non-creditable, including for partial terms.
  6. Nonpayment. If a renewal payment fails, we may, after notice and a reasonable opportunity to update payment details, downgrade the organization to the free trial plan. Downgrading does not delete User Content, but features outside the trial plan become unavailable.
  7. Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, use, and similar taxes, excluding taxes on Capno Labs’ income.
  8. Fee changes. Fee changes apply prospectively at your next renewal and never retroactively; we will give notice before they take effect.

9. Relationship to the Open-Source Software

  1. The CAPNO Studio core software is available at github.com/Capno-Labs/capno-core under the Apache License 2.0. Nothing in these Terms limits, conditions, or modifies any rights granted under that license, including the right to use, modify, and self-host the software.
  2. These Terms govern only the hosted Service operated by Capno Labs. Self-hosted deployments are not the Service, are not operated or supported by Capno Labs under these Terms, and are the sole responsibility of the deploying party.
  3. Trademarks. CAPNO, CAPNO Studio, and the Capno Labs name, logos, and brand assets are trademarks of Capno Labs LLC. Consistent with Section 6 of the Apache License 2.0, no trademark rights are granted by these Terms or by the open-source license.

10. Third-Party Services

The Service is built on third-party infrastructure and services, including database and authentication infrastructure (currently Supabase), payment processing (currently Stripe), and, for AI Features, third-party model providers. Capno Labs is responsible for the Service as a whole, but third-party services you elect to use directly under your own accounts or keys (such as a bring-your-own-key model provider) are governed by those providers’ terms.

11. Term, Suspension, and Termination

  1. Term. These Terms apply from your first use of the Service until terminated.
  2. Termination by you. You may stop using the Service and request account or organization deletion at any time. Paid-term effects are described in Section 8.
  3. Suspension and termination by us. We may suspend or terminate access for material breach of these Terms (including Section 3 or Section 5), for security reasons, or where required by law. Where practicable, we will give notice and an opportunity to cure before termination for breach.
  4. Effect of termination. Upon termination, your right to use the Service ends. For a period of 30 days after termination, we will make User Content available for export, after which we will delete it as described in the Privacy Policy, except as retention is required by law. Sections 3, 6.1, 9, 12–15, 17, and 18 survive termination.

12. Intellectual Property; Feedback

The Service, including its software, design, and content (excluding User Content and the separately licensed open-source software), is owned by Capno Labs and its licensors. If you provide suggestions or feedback about the Service, you grant Capno Labs a perpetual, irrevocable, royalty-free license to use it without restriction or obligation.

13. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPNO LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING SECTION 3, CAPNO LABS MAKES NO WARRANTY THAT SIMULATION CONTENT, PHYSIOLOGY MODELS, OR AI OUTPUT ARE CLINICALLY ACCURATE OR SUITABLE FOR ANY PURPOSE OTHER THAN EDUCATION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) CAPNO LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL; AND (B) CAPNO LABS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND US $100. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

USE OF THE SERVICE IN VIOLATION OF SECTION 3 (CLINICAL USE) IS OUTSIDE THE SCOPE OF THE SERVICE, AND CAPNO LABS DISCLAIMS ALL LIABILITY ARISING FROM SUCH USE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You will defend and indemnify Capno Labs against third-party claims arising from (a) your User Content, (b) your use of the Service in violation of these Terms, including any clinical use prohibited by Section 3, or (c) your violation of law, except to the extent the claim arises from Capno Labs’ own breach of these Terms.

16. Changes to the Service and to These Terms

We may modify the Service, provided that we will not materially degrade core functionality of the hosted Service during a paid term without notice. We may update these Terms; material changes will be notified in advance by email to the organization owner’s account email and by notice in the Service, and apply prospectively. Continued use after the effective date of changes constitutes acceptance.

17. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules. The state and federal courts located in Richmond, Virginia have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and each party consents to venue there; either party may seek injunctive relief in any court of competent jurisdiction.

18. General

Assignment: you may not assign these Terms without our consent, except to a successor of your institution’s program; we may assign to an affiliate or successor. Severability: if a provision is unenforceable, the remainder stays in effect. No waiver is implied from any failure to enforce. Force majeure: neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, internet or utility failures, or acts of government. These Terms, together with the Privacy Policy and any signed institutional agreement (which controls over these Terms if in conflict), are the entire agreement regarding the Service.

Notices to Capno Labs:
Capno Labs LLC
8401 Mayland Dr Ste A
Richmond, VA 23294-4648, United States
Email: hello@capno.app

Notices to you: your account email.