Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of the ACTS Education platform (“ACTS”, “Service”, or “Platform”), operated by Evolve Simulations Pty Ltd (“Evolve Simulations”, “we”, “us”, or “our”).

By signing in to ACTS, you agree to these Terms and to our Privacy Policy. Where an Institution has signed a separate written agreement with us (an “Order Form” or “Master Services Agreement”), that agreement governs the commercial relationship and prevails over these Terms to the extent of any inconsistency.

ACTS is provided to schools, tertiary institutions, TAFE providers, and other approved organisations (each, an “Institution”). ACTS does not support learner self-registration.

• Learners may use ACTS only where their Institution has provisioned an account for them.
• Educators may use ACTS where they have been invited by an Institution administrator (during the MVP period, educator access is invitation-only).
• Institution administrators are nominated by the Institution and are responsible for managing user access within their tenant.
• ACTS administrators are internal staff of Evolve Simulations and operate ACTS on a least-privilege, audited basis.

You must keep your sign-in credentials secure, must not share them, and must promptly notify your Institution and us if you believe your account has been compromised.

Each Institution is responsible for:

• ensuring it has the right to provision learners and educators onto ACTS, including obtaining any consents required under Australian privacy and education law;
• assigning simulations and configuring retention, audio, and other settings appropriately for the relevant cohort and age group;
• supervising learner use of ACTS and reviewing AI-assisted feedback before treating it as authoritative;
• promptly removing access for users who should no longer have it; and
• complying with these Terms and the Acceptable Use restrictions below.

If you are a learner, you agree to:

• use ACTS only as directed by your educator or Institution and only for the purposes of the simulations assigned to you;
• not attempt to bypass academic-integrity controls, share account credentials, or impersonate another learner;
• not upload personal or sensitive information that is not required for the assigned simulation; and
• treat AI-assisted feedback as a guide for practice, not a final grade or professional judgement.

ACTS delivers structured, scenario-based simulations. ACTS is not a general-purpose chatbot, search engine, or information service. Simulations may produce incorrect, incomplete, or inappropriate outputs from time to time, in which case educators should report the incident through the in-product reporting tools.

We continually work to improve the quality, fairness, and safety of simulations, but we do not warrant that any simulation will be free from error or suitable for any particular learner or assessment purpose. Educators remain responsible for the educational use of ACTS within their context.

ACTS uses AI to generate transcripts, feedback, and rubric-aligned assessment summaries. AI-assisted feedback is intended to support educator judgement, not to replace it. Educators should review AI-generated outputs before relying on them for grading, credentialing, progression decisions, or any other consequential decision affecting a learner.

ACTS is not a substitute for clinical, legal, financial, or other professional advice. Where simulations relate to professional contexts (for example, healthcare or counselling practice scenarios), they are training tools only.

ACTS is licensed to Institutions on a package and credit basis. Specific commercial terms — including fees, simulation credits, included features, and the licence term — are set out in the relevant Order Form between us and the Institution.

• Credits are consumed when simulations are run as described in the Order Form. Unless the Order Form says otherwise, unused credits may not be carried beyond the licence term and are not refundable.
• Payments are processed by Stripe. By using ACTS billing features, the Institution agrees to Stripe’s terms in addition to these Terms.
• Fees are exclusive of GST and any other applicable taxes unless stated.
• Late payment may result in suspension of access in accordance with the Order Form.

Individual learners and educators are not charged directly for use of ACTS.

ACTS, including the underlying software, simulation library, rubrics, and platform content, is owned by Evolve Simulations or its licensors and is protected by Australian and international copyright and other intellectual-property laws. We grant the Institution a non-exclusive, non-transferable right to access and use ACTS during the licence term, solely for the Institution’s internal educational purposes and in accordance with these Terms and the Order Form.

Content submitted to ACTS by an Institution, educator, or learner (“Customer Content”) remains the property of the submitting party or its licensors. The Institution grants us a limited licence to host, process, transmit, display, and analyse Customer Content as necessary to provide and support ACTS, in accordance with the Privacy Policy.

We will not use identifiable Customer Content to train, fine-tune, or evaluate AI models without the Institution’s written permission.

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

You must not, and must not permit any user under your control to:

• use ACTS for any unlawful, harmful, harassing, defamatory, or discriminatory purpose;
• attempt to gain unauthorised access to any account, tenant, or ACTS infrastructure, or interfere with the operation of the Platform;
• reverse engineer, decompile, scrape, or copy the Platform or its simulation content, except to the extent expressly permitted by applicable law;
• use ACTS to develop a competing product or service, or to train AI models outside of ACTS;
• upload material that infringes a third party’s rights or that contains malicious code; or
• misuse the simulation environment to extract information that the simulation was not designed to provide.

We aim to provide reliable access to ACTS, but the Platform is provided on an “as available” basis. Some features — including planned avatar and advanced AI features — are made available on a beta or early-access basis and may change, be withdrawn, or contain bugs. Specific service-level commitments, if any, are set out in the Order Form.

We may carry out scheduled maintenance and may make changes to ACTS to improve security, stability, or compliance.

We may suspend or terminate access to ACTS where:

• required to address a security or safety incident;
• an Institution materially breaches these Terms or its Order Form (including for non-payment) and does not remedy the breach within a reasonable period after notice;
• we are required to do so by law or by a regulator; or
• an individual user violates these Terms (in which case we may suspend that user’s access while we work with the Institution).

On termination, the Institution’s right to use ACTS ends and we will deal with Customer Content in accordance with the retention provisions of the Privacy Policy and the Order Form.

To the maximum extent permitted by law, ACTS is provided “as is” and we exclude all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits any right or guarantee that cannot be excluded under the Australian Consumer Law or other Australian law.

Subject to the previous paragraph, our aggregate liability to an Institution arising out of or in connection with ACTS in any 12-month period is limited to the fees actually paid by that Institution to us in that period. We are not liable for indirect or consequential loss, loss of profit, loss of data (other than the cost of restoring data from the most recent backup we hold), or loss of goodwill.

Where an Institution provides ACTS access to learners, the Institution agrees to indemnify us against claims arising from the Institution’s breach of these Terms or from its acts or omissions in provisioning learner accounts.

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

These Terms, together with the Privacy Policy and any Order Form, form the entire agreement between us and the Institution in connection with ACTS. If a provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in force. Our failure to enforce a right is not a waiver of that right. The Institution may not assign these Terms without our prior written consent.

We may update these Terms from time to time. Material changes will be notified to Institutions and shown on this page with a new version and date.

Questions about these Terms can be sent to legal@actseducation.com.au. Privacy questions should be directed to privacy@actseducation.com.au.