Terms of Service

1. Acceptance of Terms

By accessing or using FacilityVR ("Service"), operated by Foundation Networks Pty Ltd ABN 83 633 580 588 ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

FacilityVR is a Software as a Service (SaaS) platform that provides immersive virtual reality training for facility operations, including AI-powered facility layout generation, scenario-based training exercises, and real-time trainee monitoring tools.

3. AI-Generated Content Disclaimer

4. Limitation of Liability and Indemnity

4.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

4.2 Limitation of Liability

To the maximum extent permitted by law, Company, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any operational decisions made based on AI-generated advice or recommendations
• Any losses incurred by following AI-generated suggestions
• Any errors, omissions, or inaccuracies in AI-generated content
• Any unauthorized access to or alteration of your data
• Any personal injury, loss, or death arising from the use of virtual reality headsets or related hardware in connection with the Service.

4.3 Virtual Reality Safety

The Service is designed to be used while seated. Users who stand, walk, or otherwise move physically while using a VR headset do so entirely at their own risk. Company accepts no liability for any injury, loss, or death resulting from the use of VR headsets or related hardware, including but not limited to injuries caused by physical movement, collisions with objects, trips, falls, motion sickness, or any other physical harm. You are solely responsible for ensuring a safe physical environment when using VR equipment.

4.4 User Indemnity

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use of the FacilityVR Service
• Any decisions or actions taken based on AI-generated advice or content
• Any losses suffered as a result of following recommendations from our AI features
• Your violation of these Terms of Service
• Any injury, loss, or death arising from your use of VR headsets or related hardware in connection with the Service
• Your violation of any rights of another party.

5. User Accounts and Subscriptions

5.1 Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

5.2 Trainee Data and Monitoring

The Service collects performance data during training exercises, including scenario completion status, step-level scores, time taken, and equipment interaction telemetry. The Service does not collect biometric identifiers such as eye-tracking data, facial recognition, heart rate, or other physiological measurements.

If you are an organisation administrator, you are responsible for informing your employees, trainees, and other users about the data collected through the Service and for obtaining any consents required under applicable privacy, employment, or data protection laws (including but not limited to GDPR, CCPA, or equivalent local legislation) before enrolling them in training exercises.

5.3 Subscription Terms

• Monthly subscription fees are charged in platform credits on the 1st of each month
• Fees are calculated based on the maximum number of registered users in your organisation during the previous calendar month.
• You may remove users at any time; fees for the current billing period are non-refundable
• We reserve the right to modify subscription pricing with 30 days' notice
• Accounts with insufficient credits will be suspended until the balance is replenished (see Section 6)

6. Credits and Usage

6.1 Platform Credits

FacilityVR operates on a credit-based system. Credits are a virtual currency used exclusively within the FacilityVR platform to pay for services including, but not limited to, user seat fees, AI-powered features, and marketplace template purchases. Credits have no cash value outside the platform and cannot be exchanged for legal tender.

6.2 Purchasing Credits

Credits may be purchased through the platform using supported payment methods. All credit purchases are final and non-refundable except as required by applicable law. We reserve the right to modify credit pricing and the credit value of platform services at any time with 30 days' notice.

6.3 Credit Expiry

Purchased credits expire 12 months from the date of purchase. Unused credits are forfeited upon expiration and are non-refundable. Credits granted as part of promotional offers or initial account setup may have different expiry terms as specified at the time of the grant.

6.4 Monthly Subscription Fees

Organisations are charged a per-user monthly subscription fee in credits, billed on the 1st of each calendar month based on the number of registered users at that time. User seat fees are also charged at the time a new user is added to the organisation. If an organisation's credit balance is insufficient to cover the monthly subscription charge, the organisation's account will be automatically suspended until the balance is replenished.

6.5 AI Feature Usage

AI-powered features such as facility layout generation consume credits based on usage. The credit cost of AI features varies depending on the complexity and computational resources required. Credit consumption rates are displayed within the platform and may be adjusted from time to time.

6.6 Marketplace Earnings

Organisations that publish templates on the FacilityVR marketplace may earn credits when other organisations purchase their templates. A platform commission is deducted from each sale, with the remainder credited to the seller's organisation account. Marketplace earnings are credited as platform credits and are subject to the same terms and conditions as purchased credits, including non-refundability and expiry. Marketplace credits cannot be withdrawn as cash or transferred outside the platform.

6.7 Account Suspension and Grace Period

If an organisation's credit balance is insufficient to cover required fees on the billing date, a 7-day grace period begins. During the grace period, the Service remains fully accessible and a notification is displayed to organisation administrators. If the credit balance is not replenished within the grace period, the organisation's account will be automatically suspended. During suspension, users will have limited access to the platform (restricted to billing and account settings). VR headset access and all other platform features will be unavailable until the credit balance is replenished. Once sufficient credits are added, access will be restored automatically.

6.8 Statements of Attainment and QR Code Verification

If your organisation enables QR Code verification on Statements of Attainment, a summary of your assessment results (scenario titles, completion dates, and scores) will be publicly accessible via the verification URL embedded in the document. This public page displays your name and assessment results but does not display your email address or other contact information. You may opt out of QR Code verification at any time via your account settings, even if your organisation has enabled the feature. Statements of Attainment generated while opted out will not include a QR code and your results will not be publicly disclosed.

6.9 No Refunds or Cash Value

Credits are non-refundable and non-transferable. Credits have no monetary value outside the FacilityVR platform and cannot be redeemed for cash, gift cards, or any other form of payment. Upon termination of your account, any remaining credits will be forfeited. Company is not liable for any loss of credits resulting from account termination, suspension, or expiry.

7. Intellectual Property

7.1 Our Property

The Service, including all content, features, and functionality, is owned by Company and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 User Content

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely to provide the Service to you and your organisation.

7.3 AI Training Data

Your Content — including facility layouts, scenario configurations, equipment data, and other materials you create on the platform — is not used to train, fine-tune, or improve AI models that serve other customers. When you use AI-powered features, your Content is sent to third-party AI providers (currently Anthropic) for processing your request only, subject to their data usage policies. We do not maintain a proprietary AI model trained on customer data.

8. Agency Accounts & PWA Exports

8.1 Content Ownership

Agency account holders retain full ownership of all Content they create on the platform, including facility layouts, scenario data, equipment configurations, and associated media. "Content" does not include the FacilityVR Runtime (defined below).

8.2 Runtime License

We grant Agency account holders a non-exclusive, non-transferable, worldwide, royalty-free license to distribute the FacilityVR Runtime — the VR engine code, renderers, and supporting libraries — solely as embedded within Progressive Web App (PWA) exports generated through the platform's export feature.

8.3 Right to Distribute and Resell

Subject to the terms and conditions of this Agreement, Agency account holders may distribute, sublicense, or resell exported PWAs to their customers, clients, or end users for any lawful commercial purpose. This includes hosting exported PWAs on third-party domains, delivering them as part of a consulting or training engagement, and charging fees for access to the exported VR experience. The Agency account holder remains solely responsible for any agreements, warranties, or support obligations made to their customers in connection with exported PWAs.

8.4 Active Subscription Requirement

The runtime distribution license in Section 8.2 is only valid for exports generated during an active, paid Agency subscription. If the subscription lapses, no new exports may be generated. Previously exported PWAs may continue to be distributed under the license terms that applied at the time of export.

8.5 No Source Code Access

The license covers distribution of compiled and bundled output only. Agency account holders do not receive access to the platform's source code, and may not decompile, reverse engineer, or extract source code from exported PWAs.

8.6 Branding and Attribution

Exported PWAs include FacilityVR branding and a "Powered by FacilityVR" attribution in the loading screen. Agency account holders must not remove, obscure, or modify this branding unless they have purchased the "White Label" subscription offer from Company. Removal of branding without a valid White Label subscription constitutes a breach of these Terms.

8.7 Restrictions on Exported PWAs

Agency account holders must not decompile, disassemble, reverse engineer, modify, or create derivative works from exported PWA files. Exported PWAs may only be distributed in the form generated by the platform's export feature. Agency account holders must not use exported PWAs, the FacilityVR Runtime, or any knowledge derived from the Service to develop, market, or distribute a product or service that competes with FacilityVR.

8.8 No Contract with Agency Customers

Nothing in these terms creates a contractual relationship between Company and the customers of Agency, and Agency is solely responsible for providing support for their customers using products built or exported from the FacilityVR service. Without limiting the generality of the indemnities and undertakings stipulated under clause 4.4 of these Terms, Agency agrees to indemnify and hold harmless Company from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to the Agency's distribution or resale of exported PWAs, or any claims made by the Agency's customers or end users against Company in connection with products built or exported from the FacilityVR service.

9. Assessment Disclaimer

The Service is a training and simulation tool only. Assessment scores, completion results, and performance data generated by the Service are intended to support learning and development programmes and are not intended to be the sole basis for employment decisions including hiring, termination, promotion, or disciplinary action. Company is not a "consumer reporting agency" as defined by the Fair Credit Reporting Act (FCRA), the Australian Privacy Act, or equivalent legislation in any jurisdiction. Organisations using assessment data from the Service for any employment-related purpose do so at their own risk and are solely responsible for compliance with applicable employment and anti-discrimination laws.

10. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service outside your organization without our prior written consent
• Violate our acceptable usage policies or use the service in such a way that degrades the service for other users
• Share your account credentials with others.

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service will cease immediately.

12. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website. Your continued use of the Service after changes are posted constitutes acceptance of the modified terms.

13. Service Availability

Company does not guarantee 100% uptime or uninterrupted access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond our control. Company will use reasonable efforts to provide advance notice of planned maintenance. Company shall not be liable for any business interruption, lost revenue, or other damages resulting from Service unavailability.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Victoria in Australia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Victoria, and you hereby consent to the personal jurisdiction and venue therein.

15. Contact Information

For questions about these Terms of Service, please contact us at:

Foundation Networks Pty Ltd
Email: legal@facilityvr.com