Product Specific Terms

1.

Beta Features and Free Trials

1.1.

Preview Features. Product features identified as Alpha or Beta features, as well as any features, products, or services provided on a free trial basis (collectively, Preview Features), are provided to the Customer for evaluation purposes only. Immersive may immediately and without notice remove Alpha or Beta features for any reason without liability to the Customer. Any features, products, or services provided on a free trial basis will be free of charge until the earlier of (i) the end of the evaluation period set forth by Immersive in writing; or (ii) the start date of any purchased subscriptions ordered by the Customer.

1.2.

Preview Features Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ALL PREVIEW FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WITHOUT ANY PERFORMANCE OBLIGATIONS, AND IMMERSIVE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE PREVIEW FEATURES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE IMMERSIVE’S LIABILITY WITH RESPECT TO THE PREVIEW FEATURES SHALL NOT EXCEED $1,000 (ONE THOUSAND US DOLLARS).

2.

AI Features

“AI” means generative AI feature(s) and functionality (such as chatbots and content builders (AI Features)) and labs, exercises, or assessments relating to artificial intelligence (AI Content), all of which are made available by Immersive on the Platform.

2.1.

Inputs and Outputs. The Platform contains AI supported by third-party AI models and tools. The Customer may make prompts, images, materials, files, and other content available to AI (Inputs), and receive images, materials, files, and other content generated and returned by AI based on those Inputs (Outputs). Inputs and Outputs are Customer Content.

2.2.

Intellectual Property. As between Immersive and the Customer, the Customer retains all right, title, and interest in its Inputs and Outputs.

2.3.

Data Use. Immersive will ensure that it, and its third-party AI tools, shall not use Inputs to train, develop, or improve the underlying AI models.

2.4.

AI Disclaimer. Outputs are generated by artificial intelligence; they are not verified by Immersive for accuracy and do not represent Immersive’s views. The Customer is solely responsible for evaluating Outputs for accuracy and suitability for its use case.

3.

External Services

3.1.

Scope. The Platform offers various integrations with external services, enabling the Customer to transfer Customer Content to or from these services. These external services include the Customer’s internal software (e.g., learning management systems) and technology platforms integrated with the Immersive Platform (e.g., Github).

3.2.

Authorization for Data Transfers. By configuring or initiating an integration with the Platform, the Customer authorizes Immersive to transfer Customer Content to or from the designated external service.

3.3.

Governing Terms and Liability. The Customer acknowledges that its use of any external service is governed solely by the terms and conditions of the relevant vendor. Immersive shall have no responsibility or liability for the security, privacy, or integrity of Customer Content once it has been transferred at the Customer’s direction.

3.4.

API Terms.

4.

Intentional Malware in the Platform.

4.1.

Purpose. Immersive maintains industry-standard anti-virus software and security controls to ensure the Platform remains free from unauthorized, harmful, or malicious code (Malware). However, a core value of Immersive’s offering is providing hands-on training against simulated threats. Accordingly, the Platform intentionally permits Malware within designated environments.

4.2.

Intentional Malware. Intentional Malware includes: (i) Malware created by Immersive; and (ii) Malware uploaded by Authorised Users for the purposes of creating Customer Content.

4.3.

Immersive Responsibility. With respect to Malware created by Immersive, Immersive implements security measures to: (i) disable downloading and saving capabilities; or (ii) prevent the Malware from executing outside the designated lab or range environment.

4.4.

Customer Responsibility. The Customer is responsible for ensuring that Authorized Users understand the risks associated with Malware and shall procure that its Authorized Users: (i) operate exclusively within the designated environments when interacting with Malware; (ii) do not download, copy, or otherwise transfer Malware from the Platform to any local, external, or non-sandboxed environment, system, or network; and (iii) comply with all platform warning, security controls, and documentation related to the handling of Malware. Immersive disclaims all liability arising out of or in connection with a breach by the Customer of this Section 4.4.

5.

Benchmarking.

5.1.

Benchmarks. The Customer acknowledges that Immersive shall have the right to use Usage Data to create and share anonymous benchmarks and insights with its other customers to help them understand and improve their cyber resiliency. Immersive warrants that all such benchmarks and insights shall not disclose the Customer's identity.

6.

Tech Vendor Content

6.1.

Scope. The Platform features virtualized learning environments containing products licensed from third-party technology vendors (e.g., Google SecOps and Microsoft Sentinel) (Tech Vendor Content).

6.2.

BYOL. Where the Customer elects to integrate or use Tech Vendor Content via a Customer-provided license (BYOL), the Customer shall be solely responsible for: (i) procuring and maintaining the validity of such license; (ii) ensuring compliance with its terms and conditions; and (iii) bearing all costs and liability arising from the use or termination of that license.

6.3.

Responsibility for Tech Vendor Content. Save for any BYOL, Immersive is solely responsible, subject to the terms of the Agreement, for all obligations to the Customer regarding the Tech Vendor Content, including any warranties, representations, and guarantees, and the Tech Vendor Content provider shall have no liability to the Customer arising out of or in connection with the Customer’s use of the Tech Vendor Content in the Platform.

6.4.

Restrictive Covenants for Tech Vendor Content. In addition to the prohibitions and restrictions set out in the Agreement, which shall apply equally to Tech Vendor Content, the Customer shall not, and shall not permit any Authorized User to: (i) access or use any Tech Vendor Content for the purposes of benchmarking, competitive analysis, or comparative testing; nor (ii) use Tech Vendor Content to design, develop, or improve a competitive product or service.

6.5.

Intellectual Property and Use. All right, title, and interest in and to the Tech Vendor Content remains solely with the respective third-party vendor. No rights are granted to the Customer, except for the limited right to access such content within the Platform environments as expressly permitted in the Agreement. The Customer shall not, and shall not permit any Authorized User to, download, export, or extract any Tech Vendor Content (including binaries or scripts) from the Platform, nor attempt to execute such content in any local or production environment.

7.

Partner Services

7.1.

Partner Authority. If the Customer engages a Reseller or other partner (e.g., an MSSP) (a Partner) to assist with their use of the Platform, the Customer authorizes Immersive to grant such Partner management access, control, and the authority to create, manage, and facilitate Customer Content and activities within the Customer’s account on the Platform.

7.2.

Disclaimer. Notwithstanding anything to the contrary in this Agreement, the Customer acknowledges that Partners act as independent contractors and are not agents of Immersive. The Customer is solely responsible for its contractual arrangements with any Partner and for the Partner’s access to the Customer’s account, including granting, supervising, and revoking such access. Immersive shall have no responsibility or liability for the Partner’s services or conduct (including any act or omission of a Partner) or for any consequences arising from or relating to the Partner’s access to the Customer’s account or Customer Content (for example, any loss, disclosure, alteration, or unauthorised access to Customer Content), and any such matters shall be governed solely by the arrangements between the Customer and the Partner.

8.

Immersive as a Reseller of Third-Party Products

"Resold Products" means third-party products and services for which Immersive resells licenses to the Customer as stated in an Order.

8.1.

Governing Terms. Save as expressly set out in the Agreement, the Customer’s access to and use of the Resold Products shall be governed solely by the Resold Products EULA (as referenced in the applicable Order), which shall form a separate contractual arrangement between the Customer and the relevant third-party provider. If the Customer does not accept the Resold Products EULA, it should not access the Resold Products.

8.2.

Payments and Refunds. Payment for the Customer's access to Resold Products shall be dealt with in accordance with Section 4 of the Agreement (Payment). All refunds, where applicable and due under the Resold Products EULA, shall be processed by Immersive to the Customer.

8.3.

Disclaimer for Resold Products. IMMERSIVE MAKES NO REPRESENTATION, WARRANTY, OR COMMITMENT AND SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR CORRESPONDENCE WITH, ANY RESOLD PRODUCTS.