Legal

Terms of Service

These Terms of Service govern access to and use of the Evolve Simulations platform. Where your organisation has signed a separate written agreement with us, that agreement takes precedence over these terms to the extent of any conflict.

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1. Agreement and parties

These terms form an agreement between Evolve Simulations(“Evolve”) and the organisation that subscribes to the platform (the “Customer”), and apply to everyone the Customer authorises to use the service (“Users”), including administrators, trainers, facilitators, managers, employees and creators. By accessing the platform you agree to these terms.

2. The service

Evolve provides a B2B corporate training platform for building and running AI roleplay simulations, with real-time spoken practice, transcripts, scoring, AI-generated feedback, usage analytics, team management, invitations and a content marketplace. The platform is intended for workplace learning and development. It is not designed for, or directed at, children or primary/secondary education.

3. Accounts and access

  • Customers are responsible for their workspace, including the Users they invite and the roles and permissions they assign.
  • Users must keep their credentials secure and must not share access. Access is authenticated and role-based.
  • Customers are responsible for ensuring their Users comply with these terms and the Acceptable Use Policy.

All use of the platform is also subject to our Acceptable Use Policy.

4. Customer responsibilities for learners and participants

The Customer controls which employees, contractors or workshop participants take part in training and how results are used. The Customer is responsible for:

  • Deciding who is assigned simulations and for what purpose.
  • Establishing a lawful basis for processing participant data and obtaining any necessary notices or consents from its employees and participants.
  • Communicating to participants how their data and results will be used internally.
  • Interpreting and acting on simulation results, including any people, performance or employment decisions.

5. AI simulations — important disclaimers

Simulations use artificial intelligence and may produce responses, scores or feedback that are inaccurate, incomplete or unexpected. AI-generated feedback is a practice and development aid only.

  • Do not rely on simulations or their output for legal, medical, financial, employment-termination or safety-critical decisions without qualified human review.
  • Simulated personas are fictional and do not represent real individuals.
  • Output is provided without warranty as to accuracy, fitness for a particular purpose, or suitability for any specific decision.

6. Content and intellectual property

Customer and User content

As between the parties, the Customer retains ownership of the scenarios, characters and content it and its Users create. The Customer grants Evolve the rights needed to host and process that content to provide the service.

Evolve platform

Evolve retains all rights in the platform, including its software, models integration, design and documentation. Nothing in these terms transfers ownership of the platform to the Customer.

Marketplace content

Creators who submit templates or scenarios to the marketplace must own or have the rights to the content they submit and must not infringe third-party rights. Evolve may review, moderate, reject or remove marketplace content at its discretion. Listing on the marketplace does not, by itself, create any payment or payout entitlement; any creator commercial arrangements must be agreed separately in writing.

7. Billing, subscriptions and usage

Billing is processed through Stripe. Fees, plans and any usage allowances or quotas are as set out in your order, plan or written agreement.

  • Subscriptions renew according to their term unless cancelled in line with your plan or agreement.
  • Usage-based charges and overages, where applicable, are calculated from the platform's usage ledger and are subject to the quotas and usage controls in your plan.
  • Prices are exclusive of GST and other taxes unless stated otherwise; applicable taxes are added where required.
  • Pilots and trials, where offered, run for the stated period and on the stated terms.
  • Except where required by law or expressly stated, fees are non-refundable. You can manage your subscription through the Stripe-hosted billing portal.

8. Acceptable use and suspension

Use of the platform must comply with the Acceptable Use Policy. We may suspend or limit access where necessary to protect the platform, other customers or third parties, to address a security risk, or for non-payment, and will aim to give reasonable notice where practical.

9. Warranties and liability

The platform is provided on a commercially reasonable basis. To the extent permitted by law, and without limiting any rights you have under the Australian Consumer Law that cannot be excluded, the platform is provided “as is” without implied warranties, and our liability is limited as set out in your written agreement with us or, where none exists, to the fees paid for the service in the 12 months before the relevant claim.

10. Term, termination and data

Either party may terminate as set out in the applicable order or agreement. On termination, access ends and data is retained or deleted as described in our Privacy Policy and Data Processing overview, and in line with the Customer's agreement.

11. Changes and governing law

We may update these terms from time to time and will update the “last updated” date above. Material changes will be communicated where appropriate. These terms are governed by the laws of the State of Victoria, Australia.

12. Contact

Questions about these terms can be sent to legal@evolvesimulations.com.

This document is a product-ready draft provided for transparency. It is not legal advice and should be reviewed by qualified legal counsel before being relied upon. If anything here is unclear, contact us and we'll help.