FacilityVR Terms of Service

3.1 Scope of Professional Services

Custom facility digitization, complex 3D asset conversion, custom scenario scripting, and bespoke courseware development are governed by an agreed Statement of Work (SOW) or Order Form executed between Organisation and Company.

3.2 Customer Ingestion Materials & Warranties

Organisation is solely responsible for supplying accurate, up-to-date facility documentation, CAD files, BIM models, LIDAR scans, high-resolution photographs, and operational manuals ("Ingested Materials") required for SE curation. Organisation represents and warrants that:

• It holds all necessary intellectual property rights, permissions, and licenses to upload and provide the Ingested Materials to Us.
• Providing the Ingested Materials does not violate any third-party nondisclosure agreement, security clearance restriction, or proprietary file format license.
• Ingested Materials do not contain classified, military-controlled, or unlawfully restricted export data unless explicitly agreed upon under a separate specialised compliance agreement.

3.3 Delivery, Inspection, and Acceptance Window

Upon completion of an SE-curated facility or scenario, We will deliver the asset to Your organisation account for review.

• Review Window: Organisation shall have ten (10) business days from delivery ("Acceptance Period") to inspect and test the curated environment against the specifications set forth in the applicable SOW.
• Deemed Acceptance: If Organisation does not provide written notice of material non-conformity specifying detailed defects within the Acceptance Period, the curated environment and associated courseware shall be deemed fully accepted.
• Scope Changes: Any requests for adjustments to facility geometry, equipment placements, or procedural workflows submitted after the Acceptance Period or outside the original SOW scope shall require additional platform credits or an executed SOW amendment.

4.1 Verification & Human-in-the-Loop Requirement

CRITICAL NOTICE: Virtual reality simulations and AI-generated spatial layouts are procedural practice aids, not legal guarantees of real-world physical safety. Organisation acknowledges and agrees that:

• A qualified internal Subject Matter Expert (SME) or Health, Safety & Environment (HSE) officer from Organisation must review and approve all SE-curated facilities, hazard placements, and step-by-step courseware before assigning them to Learners for compliance tracking or operational assessment.
• Organisation retains sole responsibility for verifying that digital scenarios reflect Organisation’s live, real-world Standard Operating Procedures (SOPs) and safety standards.

4.2 Disclaimer of Operational Certification & Liability

• No Regulatory Endorsement: Company does not warrant that completing a FacilityVR scenario automatically grants legal compliance or satisfies official regulatory requirements (e.g., Safe Work Australia, OSHA, ISO, NERC, DOT) unless explicitly co-certified under a formal regulatory partnership agreement.
• No Field Liability: Company accepts no liability for real-world property damage, physical injury, operational downtime, or safety violations occurring at Organisation's physical sites, regardless of whether the personnel involved completed training on the Service.

5.1 Credit Economy & Monthly Subscriptions

FacilityVR operates via a credit-based billing model. Credits are a virtual utility used within the platform to cover user seat fees, professional service SOW milestone fulfillments, AI computational processing, and marketplace template access.

• Monthly Seat Fees: Monthly platform seat fees are charged in credits on the 1st of each calendar month based on the maximum number of active registered users in Organisation during the prior month.
• Credit Purchases & Non-Refundability: Credits may be purchased via invoice, credit card, or executed Order Form. Credit purchases are final, non-refundable, non-transferable, and hold no monetary cash value outside the platform.
• Expiry: Purchased credits expire twelve (12) months from the date of purchase. Unused credits are forfeited upon expiration.

5.2 Account Suspension & Grace Period

If Organisation’s credit balance is insufficient to cover recurring monthly user fees or SOW billing milestones, a 7-day grace period is initiated.

• During the grace period, platform administration remains active and notifications will display to account administrators.
• If the credit balance is not replenished within 7 days, Organisation's account will be suspended. During suspension, VR runtime environments, headset sync, and scenario playback will be inaccessible until credits are replenished.

5.3 Statements of Attainment & Verification Public Pages

If Organisation enables public QR verification on generated Statements of Attainment, assessment summary records (Learner name, scenario titles, completion dates, and scores) will be publicly accessible via the verification URL. Organisation is responsible for configuring privacy settings appropriate to its internal HR and data policies.

6.1 Company Intellectual Property

The FacilityVR platform, software architecture, core 3D asset libraries, procedural engines, AI generation tools, UI designs, and underlying code are the exclusive property of Facility Labs and protected by international copyright, trademark, and patent laws.

6.2 Customer Ownership of Ingested & Bespoke Content

Organisation retains full ownership of all uploaded Ingested Materials (CAD, LIDAR, specifications). Upon full payment of applicable fees/credits specified in an SOW, Organisation holds an exclusive license to access and run the bespoke SE-curated digital twin facility within the FacilityVR platform for the duration of its active subscription.

6.3 AI Data Usage & Privacy Isolation

• No Customer Data Training: Organisation’s facility geometry, CAD files, proprietary operational procedures, and scenario configurations are NEVER used to train, fine-tune, or improve public AI models or models accessible by other customers.
• Processing of generative prompts is performed through enterprise, privacy-isolated third-party API infrastructure (currently Anthropic) bound by zero-data-retention agreements.

6.4 Learner Performance Data

Telemetry and performance data generated during training exercises (task timings, error counts, step completions) are owned by Organisation. Company collects no biometric identifiers (such as eye tracking, facial geometry, or heart rate). Organisation is responsible for maintaining all required employee disclosures and privacy consents under applicable laws (e.g., GDPR, CCPA) prior to enrolling Learners.

7.1 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN AN EXECUTED SOW, THE SERVICE AND ALL SE-CURATED SCENARIOS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

7.2 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY ORGANISATION TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

7.3 Organisation Indemnification

Organisation agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, and Solutions Engineers from and against any third-party claims, losses, damages, liabilities, or costs (including reasonable legal fees) arising from:

• Organisation's violation of these Terms or an executed SOW.
• Claims that Ingested Materials supplied by Organisation infringe upon a third party's copyright, patent, trademark, or trade secret.
• Personal injury, property damage, or operational death occurring at Organisation’s physical facilities, regardless of whether VR training was utilized prior to the event.

9.1 Ownership

Supplied Bundles, including the FacilityVR Runtime and the facility layouts, 3D models, equipment configurations, and other content they contain, are Company Intellectual Property under Section 6.1. Organisation's Ingested Materials remain Organisation's property under Section 6.2, and any scenario or other content authored by Organisation that Company includes in a Supplied Bundle remains Organisation's. Organisation grants Company the rights needed to include that content in the Supplied Bundle.

9.2 Licence to Use

Company grants Organisation a non-exclusive, non-transferable, non-sublicensable, revocable licence to install, host, and run each Supplied Bundle solely for training Organisation's own Learners and personnel, on devices and web domains that Organisation controls, for as long as these Terms remain in effect between Organisation and Company.

9.3 No Resale or Redistribution

Organisation must not sell, resell, sublicense, rent, lease, lend, or otherwise distribute or make a Supplied Bundle available to any third party, including Organisation's own customers or clients, and must not charge any fee for access to a Supplied Bundle. Where Organisation hosts a Supplied Bundle on a web domain, it must take reasonable steps to restrict access to its own Learners and personnel.

9.4 Restrictions

Organisation does not receive access to the platform's source code. Organisation must not decompile, disassemble, reverse engineer, or modify a Supplied Bundle, extract facility layouts, 3D models, or other content from it, or create derivative works from it. Organisation must not use a Supplied Bundle, the FacilityVR Runtime, or any knowledge derived from the Service to develop, market, or distribute a product or service that competes with FacilityVR.

9.5 Branding

Organisation must not remove, obscure, or modify any FacilityVR branding or attribution included in a Supplied Bundle unless Company has agreed otherwise in writing.

9.6 Operation Without the Service

A Supplied Bundle runs on the device without the Service. Results and progress recorded in it stay on that device and are not reported to the Service. Section 4 applies to training delivered through a Supplied Bundle as it does to training delivered through the Service.

9.7 End of Licence

The licence in Section 9.2 ends when these Terms end between Organisation and Company, or earlier if Company gives written notice that a Supplied Bundle has been withdrawn. Organisation must then stop using the Supplied Bundle and delete all copies of it, including copies hosted on its web domains and installed on devices.

9.8 Responsibility for Use

Organisation is responsible for the use of Supplied Bundles by its Learners and personnel. Without limiting Section 7.3, Organisation agrees to indemnify and hold harmless Company from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from any use or distribution of a Supplied Bundle in breach of this Section.

10.1 Nature of the Service

The Career Portals surface — including generalised and specialised careers pages, jobs, career events, applications, registrations, and the Learner Directory — is provided as a digital noticeboard and submission channel. FacilityVR is not an employment agency, recruiter, headhunter, screening service, or any equivalent intermediary, and is not engaged as such under any applicable statute. We do not vet, screen, evaluate, or rank candidates on the Employer's behalf.

10.2 Employer Compliance Obligations

The Employer represents, warrants, and agrees that, in its use of the Service:

• It will comply with applicable equal-opportunity and anti-discrimination law in (i) the jurisdiction where the role advertised is located and (ii) the jurisdiction(s) of candidates whose data it accesses. For Australian Employers and Australian-located roles, this includes (without limitation) the federal Sex Discrimination Act 1984, Age Discrimination Act 2004, Disability Discrimination Act 1992, Racial Discrimination Act 1975, and the Fair Work Act 2009, plus relevant state Acts including the Victorian Equal Opportunity Act 2010. For Singapore Employers and Singapore-located roles, this includes (without limitation) the Tripartite Guidelines on Fair Employment Practices and the Workplace Fairness Act when in force. For Malaysian Employers and Malaysian roles, this includes (without limitation) Article 8 of the Federal Constitution and the Employment Act 1955.
• It will not use Service features (including directory ranking, application status enums, or scoring data) as a substitute for its own legally compliant evaluation process.
• It will conduct its own competency verification before any hire, and will not treat training simulation scores as equivalent to on-the-job competence.
• It will not use data received via the Service for any purpose other than evaluating the application or registration to which the data relates without obtaining separate consent from the data subject.

10.3 Employer as Data Controller / APP Entity / PDPA Organisation

On receipt of any candidate or learner data via the Service, the Employer becomes a separate data controller (or "APP entity" under Australian law, or "organisation" under Singapore PDPA, or "data user" under Malaysian PDPA, as applicable). The Employer agrees to:

• Maintain its own publicly available privacy notice complying with the law applicable to its use of received data.
• Honour data-subject access, correction, and deletion requests for data it holds in connection with the Service. We will, on receipt of a deletion request affecting an Employer's already-received data, forward the request to the Employer in good faith but cannot compel the Employer's compliance.
• Retain received data only for as long as legitimately needed to evaluate the application or registration, and to maintain audit / compliance records to the extent required by law (and not longer).
• Not sell, license, or commercially disclose received data to third parties.

10.4 Posting Accuracy

Job and event listings posted by the Employer must be accurate, lawful, and reflect bona fide opportunities. The Employer must promptly remove or close listings for roles that are filled, withdrawn, or no longer available, and must not use the Service to collect candidate data without a genuine intent to consider applicants for the advertised role.

10.5 Specialised Pages and Industry Partnerships

Where an Employer accepts an industry-partnership invitation from a Team-tier organisation, a specialised careers page is created, visible only to that Team's learners. The Employer's content on the specialised page is its own responsibility. Acceptance of a partnership does not imply any agency, joint venture, or contractual relationship between the Employer and the Team beyond what they may agree separately and outside the Service.

10.6 Indemnity

In addition to the indemnity at Section 7.3, the Employer agrees to indemnify, defend, and hold harmless Us from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or relating to:

• The Employer's use of any candidate or learner data received via the Service.
• Any hiring, rejection, ranking, or shortlisting decision made by the Employer.
• Any breach by the Employer of equal-opportunity, anti-discrimination, employment, or privacy law.
• Any allegation that data received via the Service was used for a purpose other than evaluating the application to which it related.
• The accuracy, lawfulness, or content of any job, event, or page the Employer posts.

10.7 Tier Pricing and Free Use

The Employer tier is offered at no monthly fee at the time of these Terms. We reserve the right to introduce pricing for the Employer tier on 30 days' notice, after which continued use will be conditional on payment.

10.8 Termination of Employer Access

We may suspend or terminate an Employer's access to the Career Portals surface, with or without notice, where it reasonably suspects breach of this Section, applicable law, or the rights of any candidate, learner, or partnered Team. Suspension or termination of Career Portals access does not release the Employer from its obligations under Sections 10.3 (Data Controller) or 10.6 (Indemnity) with respect to data received during access.

10.9 FacilityVR Careers Hub in AI Assistants

Jobs and career events an Employer publishes on our public careers pages are also offered through FacilityVR Careers Hub, our read-only app for AI assistants such as ChatGPT and Claude. It shows the same information as the public pages, in the same order, and links to them. Applying and registering happen only on those pages. By publishing a listing on the public pages, the Employer agrees that we may offer it through FacilityVR Careers Hub.

Listings are ranked by one published rule, the same for every Employer and recruitment agency, including those Facility Labs runs. No one can pay for a higher place.

Answers in an assistant are written by the assistant, not by us, and we aren’t responsible for how it words or summarises a listing. Anyone relying on an answer should check the listing’s page. FacilityVR Careers Hub is free, is provided as is, and may change or stop at any time.

10.10 The Careers Chat on Our Website

The careers chat on our website writes its answers with AI from the listings on FacilityVR. An answer may be wrong or out of date: check the page it links to. It isn’t careers, legal or migration advice.

11.1 Your Listings and Course Pages

The details of a course You list, the course page You write about it, its images, and the information video You attach are Your content. You are responsible for them being accurate, lawful, not misleading, and Yours to publish, including the dates, prices, places, outcomes and enrolment details You give. You grant Us a licence to publish them on FacilityVR Courses and in the course catalogue while the course is listed.

We publish course pages through a filter that removes code and formatting We don’t allow, and We may remove a listing, page or video that breaks these Terms. Where a course is enrolled in on Your own website, the enrolment, any payment and any contract for the course are between You and the learner.

11.2 Registrations of Interest

People can register interest in Your course, as Our Privacy Policy describes. On receipt of a registration, You are a separate data controller for what You hold, and Section 10.3 applies to it as if You were an Employer and the registration were an application. In particular, You agree:

• to use a registration only to respond to that person about the course and its enrolment, and not to add them to a marketing list without their separate consent;
• that a person who withdraws their registration may ask You to delete any copy You have downloaded, and You will do so; and
• that We delete a registration from the Service 12 months after its last activity, when the person withdraws it, or with the course.

11.3 How Results Are Ordered, and Paid Placement

Search results on FacilityVR Courses are ordered by one published rule, the same for every Provider, explained on the site’s "How results are ordered" page. Payment never adds a course to results whose filters it doesn’t match. A course with a premium listing can take one of up to three places at the top of matching results, labelled "Featured", rotating fairly between visits. A display ad is labelled "Sponsored". Every paid placement is labelled as such.

Paid placement is only on FacilityVR Courses. Our careers pages, FacilityVR Careers Hub (Section 10.9) and the careers chat never show it.

11.4 Premium Listings and Display Ads

A Provider may buy a premium listing or a display ad for one of its courses that is listed publicly on FacilityVR Courses. These terms apply to each purchase:

• Where it runs: A promotion runs for visitors in the Provider’s own country, as set in its organisation settings, for the period bought. A second promotion of the same kind for the same course and country starts when the first ends.
• When it starts: A premium listing starts on the date You choose, or at once. A display ad’s period starts when We approve it.
• Your ad: You are responsible for Your ad’s images and words. They must be about the course, accurate, lawful and not misleading, and You must hold the rights to use them, including any name, logo or likeness they show.
• Review: We review every display ad before it runs, and again after each change, and may reject it, with a reason, at Our discretion. A rejected ad may be changed and sent again. An ad doesn’t run while it waits for review, and its time is kept.
• Where an ad leads: An ad opens only its course’s page on FacilityVR Courses. It can’t link anywhere else.
• Pauses: While the course isn’t listed publicly on FacilityVR Courses, its promotions pause, keeping the time still due, and resume when it is listed again.
• Counts: We report how often each promotion was shown and clicked, as daily totals, in the course’s report. We don’t promise any number of views, clicks or enrolments.
• Stopping: We may stop a promotion that breaks these Terms.

11.5 Payment, Prices and Refunds

Promotions are paid for by card through Stripe when You buy them, not with credits, so Section 5.1’s terms on credits don’t apply to them. The price for each kind of promotion, period and country is shown before You pay, and a purchase keeps the price it was bought at.

[Pending: prices and how tax, such as GST, is charged on promotions are being settled, and this paragraph will state them before promotions are offered.]

Promotions aren’t refunded automatically: a promotion paused because its course isn’t listed keeps its time instead. A paid display ad that We never approve is refunded in full. Any other refund is at Our discretion. Nothing in this Section limits a right You have under the Australian Consumer Law or any other law that can’t be excluded.

Welcome to FacilityVR. Before you begin your training, please read and accept these Learner Terms of Use ("Learner Terms"). These terms govern your personal access to and use of the FacilityVR application, software, virtual reality simulations, and training content ("Service").

By clicking "I Agree" or launching a training session, you acknowledge that you have read, understood, and agreed to be bound by these Learner Terms.

1. Physical Environment & VR Safety

Virtual reality simulations create an immersive visual experience that can temporarily obstruct your perception of your real-world surroundings. You agree to adhere strictly to the following safety precautions:

• Safe Physical Space: You are solely responsible for ensuring your physical surroundings are clear of hazards, including furniture, walls, wires, pets, or other individuals.
• Seated vs. Standing Use: The Service is optimised for seated or stationary standing usage within a defined play area. Walking or running while wearing a headset is strictly at your own risk.
• Discomfort & Motion Sickness: If you experience dizziness, nausea, eyestrain, disorientation, or physical discomfort at any time, remove your headset immediately and take a break.
• Assumption of Risk: Facility Labs accepts no liability for physical injuries, property damage, trips, falls, or collisions resulting from your use of virtual reality hardware or failure to maintain a safe physical environment.

2. Purpose of Training & Operational Limitations

• Educational Tool Only: Simulations provided on this platform are designed as procedural learning and practice aids. Completing a virtual scenario does not grant you physical access, certified operational status, or authorisation to perform high-risk tasks in real-world facilities without explicit approval from your employer or supervisor.
• Real-World Variations: While simulated environments are designed to mirror real-world facilities, physical field conditions, live hazards, and equipment configurations may vary. Always follow your organization's live safety protocols and supervisor instructions.

3. Acceptable Use & Account Integrity

• Individual Access: Your account is personal to you. You may not share your login credentials or permit another individual to complete training modules or safety assessments on your behalf.
• Proprietary Content Protection: All 3D models, facility layouts, scenarios, and courseware are proprietary intellectual property. You agree not to record, screen-capture, extract, reverse-engineer, or attempt to export any 3D assets or facility data from the platform.
• Professional Conduct: When participating in multi-user or instructor-led training sessions, you agree to maintain professional conduct and abstain from abusive, disruptive, or inappropriate behaviour.

4. Training Performance & Telemetry Data

By using the Service, you acknowledge and agree that:

• Performance Tracking: The Service records procedural interaction data, including scenario completion status, step-by-step scores, time elapsed, and hazard interaction telemetry.
• Reporting to Employer/Training Institution: This telemetry and performance data is transmitted directly to your organization’s administrators and instructors for training evaluation, attendance verification, and compliance tracking.
• No Biometric Data: FacilityVR does not collect or store biometric identifiers such as facial recognition scans, eye-tracking data, or physiological measurements (e.g., heart rate).

By clicking "I Agree", I confirm that I am authorised to take this training, that I am in a safe physical location to use VR/3D software, and that I agree to abide by all the terms listed above.