TERMS OF USE

Last updated February 26, 2025

1. Introduction

These terms of use ("Terms") govern your use of the Menta training platform ("Platform"), provided by Metasim Limited, a company registered in England and Wales with company number 13032303, whose registered office is at The Carriage House, Mill Street, Maidstone, Kent, United Kingdom, ME15 6YE ("Metasim," "we," "us," or "our").

The Platform is an AI-powered experiential learning solution that enables enterprise clients ("Clients") to provide their employees with interactive training simulations, personalised coaching, and learning analytics. Your employer (the "Employer") has entered into a service agreement with Metasim that governs the provision of the Platform.

By accessing or using the Platform, you acknowledge and agree that:

• Your Employer is the account holder and administrator of the Platform.
• Metasim provides the Platform under the direction of your employer.
• Your use of the Platform is subject to both these Terms and any policies issued by your Employer.

If you do not agree to these Terms, you must discontinue use of the Platform.

2. Account Management & Access

2.1 Employer-Managed Access

• Your Employer provides and controls your access to the Platform.
• Subject to anything contrary in these Terms, Metasim does not grant, modify, or revoke access unless explicitly instructed by your employer.
• Your employer may impose additional policies or restrictions on your use of the Platform.

2.2 User Credentials

• You must keep your login credentials confidential and must not disclose, transfer or disseminate them to any third party.
• You are responsible for all activity that occurs under your account.
• If you suspect unauthorised access, you must immediately notify your Employer.

2.3 Account Suspension & Termination

• Your Employer may suspend or terminate your access at any time.
• Metasim may suspend access if required by law, for security reasons, or at the request of your Employer.
• If you leave your Employer, your access will be revoked according to their policies.
• If the Service Agreement with your Employer is at any point terminated, Metasim will terminate your access.
• If Metasim reasonably believes that you are causing the Employer to breach its Service Agreement or is in any way mishandling a password/login details or using the Platform in violation of these Terms then Metasim may, at its sole discretion, suspend your access to the Platform indefinitely.

3. Acceptable Use

3.1 Permitted Use

You may use the Platform only to:

• Participate in training simulations assigned by your Employer.
• Access coaching, feedback, and learning resources available through the Platform.
• Provide feedback on training experiences, where applicable.

3.2 Prohibited Activities

You may not:

• Share, distribute, or reproduce any Platform content outside your Employer’s organisation.
• Provide false or misleading information.
• Use or access the Platform for timesharing;
• Attempt to reverse-engineer, modify, decompile, disassemble, or otherwise attempt to derive the source code of or hack any part of the Platform.
• Interfere with or disrupt the integrity or security of the Platform.
• Remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Platform;
• Use the Platform in any manner that violates applicable laws, regulations or your employer’s policies.
• Access the Platform or use it in order to build a similar or competitive product.
• Use the Platform in any way or for a purpose other than that for which your Employer has instructed Metasim;

Metasim reserves the right to restrict or terminate access if these conditions are violated.

4. Intellectual Property Rights

Metasim retains and owns any and all interest, title and intellectual and industrial property rights, rights of use and other similar proprietary rights, irrespective of where any of the same were created in any jurisdiction throughout the world, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, and all rights pertaining to or deriving from: (a) copyrights and works of authorship, whether or not copyrightable, including but not limited to all rights of registration and publication, rights to create derivative works, adapt, reproduce, distribute, trade, represent, communicate to the public via tools that enable sign, voice and/or image transmission and all other rights incident to copyright ownership; (b) patents and patent applications; (c) inventions, invention disclosures, discoveries and improvements, whether or not patentable; (d) trade secrets, confidential information, business and technical information, formulae and know-how (including those embodied in the technical reports), and rights to limit the use or disclosure thereof by any person; (e) registered and unregistered trademarks, service marks, certification marks, brands, trade dress, logos and trade names and all of the goodwill of the business connected with the use thereof; (f) computer software and firmware, including data files, source code, object code, algorithms, libraries, tools and utilities and software-related specifications and documentation; (g) domain names; (h) proprietary databases and data compilations and all documentation relating to the foregoing; and (i) registered and unregistered designs and utility models with respect to and in the Platform. The granting of any licenses for its use to the Employer (and you as an employee of the Employer) is solely governed by the Service Agreement ("Service License"). For the avoidance of doubt, nothing in these Terms shall or shall be taken as granting any separate license or any right to you personally for any use outside of the scope of the Service License.

5. Privacy & Data Processing

5.1 Data Collection & Use

Metasim processes personal data in accordance with applicable data protection laws and its obligations under the Service Agreement. The following categories of data may be processed:

• Name
• Email address
• Job role
• Country
• Training activity
• Simulation performance data
• Simulation transcripts

We will not share your individual performance data or simulation transcripts with your employer unless legally required to do so. However, we may provide your employer with aggregated and anonymized performance insights, as well as individual training activity data, such as system login timestamps and the number of completed training sessions.

5.2 Data Access & Control

• Your employer acts as the Data Controller and determines how your data is used.
• Metasim acts as a Data Processor and only processes data under your employer’s instructions.
• Data retention and deletion policies are managed by your employer.
• For inquiries regarding your data, please contact your employer.

6. Service Availability & Liability

6.1 Service Availability

• Metasim strives to provide continuous access to the Platform, but does not guarantee uptime or availability.
• Planned maintenance and service interruptions will be communicated to your employer.

6.2 Limitation of Liability

Metasim provides the Platform "as-is" without warranties of accuracy, reliability, or uninterrupted service. Metasim is not responsible for:

• The effectiveness of training outcomes.
• Business decisions made based on AI-generated insights.
• Temporary service disruptions or data loss.

Considering the above, Metasim assumes no responsibility or duty of care for or with respect to results obtained from the use of the Platform, and for conclusions drawn from such use. Metasim shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Metasim by your Employer or you in connection with the use of the Platform, or any actions taken by Metasim at your Employer's direction;

All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by the law of England and Wales, excluded from these Terms; and

Metasim shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for error or interruption of use of the Platform or for loss or inaccuracy or corruption of your data during use of the Platform or cost of procurement of services or technology or loss of business; for any indirect, exemplary, incidental, special or consequential damages; loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.

For details, refer to your employer’s Service Agreement with Metasim.

7. Changes to These Terms

• Metasim may update these Terms from time to time.
• Changes affecting how personal data is processed will be communicated to your employer.
• Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

8. Governing Law & Dispute Resolution

• These Terms are governed by the laws of England and Wales.
• Any disputes shall be resolved under the jurisdiction of the courts of England and Wales.

9. Contact Information

For any inquiries, please contact your employer or reach out to Metasim at support@metasim.io.