Terms of Service

1. Agreement and eligibility

These Terms form an agreement between Pacific Wave Digital, operator of TrainerSim, and the person or organization using the service. By creating an account or using TrainerSim, you accept these Terms. If you use TrainerSim for an organization, you confirm that you have authority to bind it. You must be legally capable of entering this agreement and provide accurate account information.

2. Accounts and administrators

You are responsible for your credentials and activity. Organization administrators control members, roles, simulations, knowledge, assignments, recording settings, and access to organization data. Their instructions may affect your account. Tell us promptly about unauthorized access.

3. The service and AI limitations

TrainerSim provides simulations, coaching, assessments, pathways, reports, recordings, research, and embedded support. Features may change as the service improves. AI-generated speech, research, scoring, and guidance can be incomplete, delayed, or wrong and do not replace qualified professional judgement. TrainerSim must not be the sole basis for medical, legal, financial, employment, academic, safety-critical, or other consequential decisions.

4. Customer content and consent

You retain ownership of content you submit. You grant us a limited right to host, process, reproduce, and transmit it only to operate, secure, and improve the contracted service. You represent that you have the rights and lawful basis to use uploaded documents, websites, voices, images, personal data, and assessment material.

You must give required notice and obtain required consent before recording, transcribing, evaluating, or monitoring another person. You may not impersonate a real person deceptively or create an avatar, voice, or likeness without authorization.

5. Fees, credits, cancellation, and refunds

Paid plans and credit packs are billed through Stripe at the price, currency, taxes, and renewal interval shown at checkout. Credits are usage units, not stored money, and have no cash value. Unless checkout states otherwise, subscriptions renew until cancelled and cancellation stops a future renewal rather than refunding past use. Except where law requires otherwise or we expressly agree, payments and consumed credits are non-refundable. We may correct billing errors and change future prices with reasonable notice.

6. Acceptable use

You must follow our Acceptable Use Policy and all applicable laws. You may not attack the service, bypass access or usage controls, extract other tenants’ data, use the service for unlawful surveillance or discrimination, or submit harmful or infringing content.

7. Intellectual property and feedback

TrainerSim, its software, design, documentation, and platform content are owned by Pacific Wave Digital or its licensors. These Terms grant a limited, non-exclusive, non-transferable right to use the service during your subscription. Feedback may be used without restriction or obligation, but we will not identify you publicly without permission.

8. Confidentiality and data protection

Each party will protect the other’s non-public business information using reasonable care and use it only for the relationship. Our Privacy Policy and, where applicable, Data Processing Addendum govern personal-data processing.

9. Availability, suspension, and termination

We aim to provide a reliable service but do not guarantee uninterrupted availability. We may suspend access to protect the platform, comply with law, prevent harm, address non-payment, or investigate a material breach. Either party may terminate as permitted by the order or subscription terms. Rights that by nature should survive termination—including payment, ownership, confidentiality, disclaimers, and liability provisions—will survive.

10. Disclaimers and liability

To the maximum extent permitted by law, the service is provided "as is" and "as available" without implied warranties. Neither party is liable for indirect, incidental, special, punitive, or consequential losses, lost profits, or lost data. TrainerSim’s aggregate liability arising from the service will not exceed fees paid for the affected service in the 12 months before the event, except where liability cannot lawfully be limited. Nothing excludes rights that cannot be excluded under applicable law.

11. Indemnity, law, and changes

You will defend and indemnify Pacific Wave Digital against third-party claims caused by unlawful customer content, lack of required consent, or material breach of these Terms. These Terms are governed by the laws of Vanuatu, and its courts have jurisdiction, unless mandatory consumer law requires otherwise. We may update these Terms and will post the effective date; material changes take effect after reasonable notice.

12. Contact

Questions: support@trainersim.com. Pacific Wave Digital, Port Vila, Vanuatu.