Terms of Service

1. Who We Are

The SimCase AI enterprise platform (the "Service") is operated by SimCase SA, a company incorporated under Swiss law and registered with the commercial register of the Canton of Geneva under UID CHE-407.850.680, with its registered office at Rue du Rhône 14, c/o Walder Wyss SA, 1204 Geneva, Switzerland ("SimCase", "we", "us").

These Terms of Service ("Terms") govern access to and use of the Service by the organization that has been granted a workspace (the "Customer") and by every individual who accesses the Service under that workspace (a "User"). By accessing the Service, you accept these Terms on your own behalf and, where applicable, on behalf of your organization.

2. Enterprise Agreements

If the Customer has entered into a separate written agreement with SimCase (such as a master services agreement, order form, pilot agreement, or data processing agreement), that agreement prevails over these Terms to the extent of any conflict. These Terms apply to all Users in all cases for matters the separate agreement does not address.

3. Accounts and Access

• Invitation-only access: Accounts are created exclusively through an invitation issued for the Customer's workspace. Self-service signup is not available.
• Workspace membership: Every User belongs to exactly one workspace and is assigned a role (administrator or member) that determines what they can see and do.
• Eligibility: You must be of legal age to work or study within the Customer's organization and authorized by the Customer to use the Service.
• Credentials: You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly of any suspected unauthorized use.
• Accurate information: You agree to provide accurate account information and keep it up to date.

4. The Service

The Service is a case-based training platform on which Users practice professional conversations (for example sales, leadership, and customer-service scenarios) with an AI-simulated character in real time, by voice, and receive automated, skills-based evaluations of their performance. The Service includes workspace management, case authoring, case sharing within a workspace, classrooms, and learning analytics.

5. Fees and Seats

Fees, subscription plans, seat counts, trial periods, and renewal terms are defined in the Customer's enterprise agreement or order form. The Service enforces the workspace's contractual limits (such as the number of seats and administrators); invitations beyond those limits may be blocked. The Service does not process payments; billing is handled under the enterprise agreement.

6. Acceptable Use

You agree to use the Service only for lawful, internal training purposes and in accordance with these Terms. You agree not to:

• Use the Service in violation of any law or regulation.
• Transmit content that is unlawful, harmful, offensive, or that infringes third-party rights.
• Submit abusive, harassing, or discriminatory content to the AI agents, or attempt to manipulate prompts to subvert their intended behavior ("prompt injection").
• Enter real customer data, third-party confidential information, or special categories of personal data (such as health data) into training scenarios unless your organization has authorized it and has a lawful basis to do so.
• Attempt to reverse-engineer, disassemble, or extract the models, prompts, or software underlying the Service.
• Interfere with the operation of the Service, bypass security or usage limits, or probe for vulnerabilities without written authorization.
• Share access with persons outside the Customer's workspace or resell the Service.

7. Customer Content and Intellectual Property

• Customer content: The Customer retains all rights in the cases, scenarios, knowledge documents, and other materials its Users create or upload ("Customer Content"). You grant SimCase a non-exclusive license to host, process, and display Customer Content solely to provide and support the Service.
• Our platform: The Service, including its software, design, AI configurations, and evaluation frameworks, is and remains the property of SimCase SA or its licensors. No rights are granted except as expressly stated in these Terms.
• Evaluations and transcripts: Session transcripts and evaluations are made available to the User and to the Customer's workspace administrators for internal training and development purposes.
• Feedback: If you send us suggestions or feedback, we may use them without restriction or compensation.

8. AI-Generated Output

Conversations, evaluations, and generated case content are produced by artificial-intelligence systems. AI output may be inaccurate, incomplete, or inappropriate despite our safeguards. It is provided for training and educational purposes only and does not constitute professional, legal, medical, financial, or human-resources advice. Evaluation scores are learning aids and should not be used as the sole basis for employment-related decisions.

9. Workspace Administration and Visibility

The Service is a workspace-based, business-to-business product:

• Workspace administrators designated by the Customer can view the workspace's cases, members, classrooms, and the training activity of members, including conversation transcripts and evaluations.
• The Customer is responsible for informing its Users of this visibility and for having a lawful basis for processing its Users' training data.
• Authorized SimCase personnel may access a workspace for support, maintenance, and security purposes.

10. Integrations

The Customer may enable optional integrations, in which case data flows to systems operated by or for the Customer, under the Customer's responsibility:

• LTI 1.3 (learning management systems): single sign-on from the Customer's LMS and passback of scores and identifiers to the LMS gradebook.
• Salesforce: single sign-on with Salesforce as identity provider and retrieval of training scores into the Customer's Salesforce org.
• Google Calendar: optional scheduling features using the User's Google account, subject to Google's terms.

11. Privacy and Data Protection

12. Confidentiality

Each party will protect the other party's non-public information received in connection with the Service with at least reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to personnel and service providers bound by confidentiality obligations, or where disclosure is required by law.

13. Availability and Support

We strive to keep the Service available and performant, but the Service is provided without a guaranteed availability level unless a service-level agreement has been agreed in the Customer's enterprise agreement. We may perform maintenance, and features may evolve over time. Support requests can be sent to [email protected].

14. Suspension and Termination

We may suspend or terminate a User's access if these Terms are violated or where necessary for legal, technical, or security reasons. The Customer's subscription term and termination rights are governed by its enterprise agreement. Upon termination, the Customer may request export of its data; thereafter we delete or anonymize personal data as described in the Privacy Policy, except where retention is required by law.

15. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or that AI output will be accurate.

16. Limitation of Liability

To the maximum extent permitted by law, SimCase SA shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data, arising from or related to the Service. Our total aggregate liability under these Terms is limited to the fees paid by the Customer for the Service in the twelve months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including for gross negligence or willful misconduct.

17. Changes to These Terms

We may revise these Terms by posting an updated version on our website and, for material changes, notifying the Customer or Users. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

18. Governing Law and Jurisdiction

These Terms are governed by Swiss substantive law, excluding its conflict-of-laws rules. The courts of Geneva, Switzerland have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to any mandatory statutory rights to a different forum.

19. Contact Us

Questions about these Terms:
SimCase SA, Rue du Rhône 14, c/o Walder Wyss SA, 1204 Geneva, Switzerland · [email protected]