Sandbox Sim Platform Terms and Conditions

Effective date: 14 November 2026  |  Version: 2.0

These Terms and Conditions ("Terms") govern your access to and use of the Sandbox Sim platform at sandboxsim.com and any associated applications, tools and services (together, the "Service"). The Service is operated by ClickOracle Pty Ltd (ABN 86 699 746 748) trading as Sandbox Sim ("ClickOracle", "we", "us", "our").

How these Terms are organised. Part A (clauses 1–5) is the agreement and who it covers. Part B (6–8) is what the Service provides and what it costs: plans, Tokens and fees. Part C (9–11) is how the Service may be used, including AI processing and your own API keys. Part D (12–13) is the content you author and the licence we need to run it. Part E (14–16) is SimMarket and the Royalty Program. Part F (17–18) is the Affiliate Program. Part G (19–27) is warranties, privacy, moderation, availability, termination and liability. Part H (28–31) is governing law and general terms.

Part A — The agreement and who it covers (clauses 1–5)

1. Acceptance of these Terms

1.1 By creating an account, subscribing to a plan, or otherwise accessing or using the Service, you agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy. If you do not agree, you must not use the Service.

1.2 If you accept these Terms on behalf of an organisation (such as a school, university, faculty or business), you represent that you are authorised to bind that organisation, and "you" refers to that organisation.

1.3 These Terms apply to all categories of user, including Subscription Owners, Instructors, enrolled users and Students, Creators of Simulations, and Affiliates.

2. Definitions

In these Terms:

• "Account" means a subscriber account on the Service, together with all users, roles, classes and data within it.
• "Subscription Owner" means the individual or organisation that registered for, and controls, an Account, whether on a free plan or a paid plan; "Instructor" means a user invited by the Subscription Owner to access and use an Account under permissions granted by the Subscription Owner. An Instructor may access and use the Account's shared resources, including its available Token allowance, subscription features and tools, and account management capabilities, to the extent permitted by the permissions assigned to them.
• "Simulation Owner" means, for a Simulation, the Subscription Owner of the Account on which it was created, who owns the intellectual property in it under clause 12.
• "End User" or "Student" means a person enrolled in or invited to an Account who plays Simulations, including pseudonymous student accounts where applicable.
• "Simulation" or "Sim" means any learning activity or learning material created and hosted on the Service — a scenario, poll, knowledge check, tutorial, workshop, reading or other item built in the Authoring Studio — whether or not it uses AI, including its prompts, configuration, content and associated materials.
• "Creator" means a user who creates a Simulation on the Service. Where a Simulation is created within an Account, ownership of the intellectual property in it is dealt with in clause 12.
• "Creator Content" means a Simulation created on the Service and all content, prompts, instructions, configuration and materials within it.
• "Licensed Content" means a Simulation, and all intellectual property in it, that the Subscription Owner makes available on the Service.
• "Adopter" means an Account that adds another Account's Simulation to its own library via SimMarket for the purpose of accessing, using or delivering that Simulation to its End Users.
• "SimMarket" means the in-Service catalogue through which Simulations may be published and other Accounts may discover, trial and adopt them (clause 14).
• "Tokens" means the units by which the Service measures consumption of artificial-intelligence processing, calculated using the weightings displayed with your usage in the Service from time to time. Output is weighted more heavily than input, as described in clause 7.
• "Royalty" has the meaning given in clause 16, and "Royalty Program" means the royalty arrangements described in clauses 15 and 16.
• "Affiliate" means a person we have approved to take part in the Affiliate Program; "Affiliate Program" means the referral arrangements described in clauses 17 and 18; "Referral" means an Account validly attributed to an Affiliate under clause 17; and "Commission" means a referral service fee payable to an Affiliate under clause 17.
• "AI Provider" means a third-party artificial-intelligence service to which the Service sends information — such as prompts, context, inputs, instructions and uploaded material — for processing, and from which it receives generated output, where a Simulation or the Authoring Studio uses AI. The Service itself runs Simulations and authoring tools; AI Providers process what is sent to them and return output.

3. Eligibility

3.1 You must be at least 18 years old, or the age of legal majority in your jurisdiction, to register an Account, act as an Instructor or a Creator, or take part as an Affiliate.

3.2 Enrolled End Users and Students may be under 18 only where they are enrolled by a Subscription Owner that is responsible for them (such as an educational institution) and that has obtained any consents required by law. The Subscription Owner is responsible for ensuring such users are permitted to use the Service and for compliance with all applicable child-safety, privacy and consent requirements. The Subscription Owner is also responsible for determining the suitability and appropriateness of any Simulations and other learning materials it makes available to its End Users through the Service, including materials created by its Instructors or obtained through SimMarket, and for determining the suitability of AI interactions within those Simulations and providing appropriate supervision of End Users' use of those interactions.

3.3 The Service is offered in different ways in different countries and may not be available in yours. Certain subscription plans, direct consumer (B2C) sign-up, the Royalty Program and the Affiliate Program may be restricted or unavailable in your country, and some markets may be served on a business-to-business (B2B) basis only.

4. Accounts, roles and security

4.1 You agree to provide accurate, current and complete information when registering and to keep it up to date. You must confirm your email address when we ask you to; a self-service sign-up whose address is not confirmed within 7 days may be deleted unless a subscription has been paid.

4.2 Whatever your role on the Service — Subscription Owner, Instructor, Student or Affiliate — you are responsible for safeguarding your credentials. You must keep your sign-in details confidential, must not share them or allow anyone else to use them, and are responsible for all activity that occurs under your sign-in. If you are a Subscription Owner, you are also responsible for all activity that occurs under your Account, including activity by users you invite or enrol. You must notify us promptly at support@sandboxsim.com of any unauthorised access or suspected security breach; if you are an Instructor or Student, you may notify the Subscription Owner of your Account instead.

4.3 An Account may include users in different roles (a Subscription Owner, Instructors and Students); a person holds only one of these roles. The Subscription Owner is responsible for the conduct of all users within the Account and for managing their access, including inviting and removing Instructors. Role and user limits depend on your plan.

5. Enrolled users and student accounts

5.1 Subscription Owners may create classes and enrol End Users, including by issuing enrolment tokens. In some countries, student accounts are created on a pseudonymous basis and do not hold student personal information on the Service; the Subscription Owner remains responsible for any mapping between pseudonymous accounts and identifiable individuals it maintains outside the Service.

5.2 As between you and us, the Subscription Owner is the controller of End User and Student personal information processed within its Account, and we process that information on the Subscription Owner's behalf as described in our Privacy Policy. The Subscription Owner must have a lawful basis to enrol each End User and to have their data processed through the Service. This does not apply to the information we collect for our own purposes — to protect content and accounts (clause 22) and to run, secure, meter and account for the Service — for which we are the controller.

5.3 What enrolled users should expect. If you are enrolled in an Account as an End User or Student, your answers, decisions, scores, grades and — where a Simulation uses AI — your interactions with it are recorded and are visible to the Subscription Owner of the Account that gave you access to that Simulation and to the instructors that Subscription Owner authorises. They are not visible to any other Account. Where a Simulation you play was adopted from SimMarket, its Simulation Owner receives only aggregate usage figures that do not identify you. Where a class shows a leaderboard or live standings, the students who can see them also see your name and picture with your class, ranking, score and grade, or your progress as you play, but never your answers. Where a Simulation is set up as an assessment, the Subscription Owner and the instructors it authorises may have a review of your attempt written by AI and, if the Subscription Owner switches them on, see counts of how many times you copied text, pasted text or left the Simulation window during it; students do not see either in the Service. This is how classes, grading and feedback work on the Service and is described further in our Privacy Policy.

5.4 Student accounts are deleted automatically once none of their classes keeps their data any longer, as described in our Privacy Policy (Section 7).

5.5 Group simulations and chats. Some Simulations are played in groups. A Subscription Owner, or an Instructor it authorises, places enrolled users into groups. In a group Simulation, the members of a group see each other's names and roles, whether each member is present and has decided in each round, and the messages sent to the group, and messages sent to everyone in the Simulation or to another group are seen by those users. The Subscription Owner and the Instructors it authorises can read every message sent in their classes' group Simulations. Subscription Owners are responsible for supervising the use of chat in their classes, and clause 9 applies to every message.

5.6 Telling your users. A Subscription Owner that enrols users must tell them, before they use the Service, how their information is used and who can see it — including the matters in clauses 5.3 and 5.5 and the protection of content and accounts described in clause 22 — and must point them to our Privacy Policy.

Part B — The Service, Tokens and fees (clauses 6–8)

6. The Service and subscription plans

6.1 The Service provides Simulations — educational learning activities and materials, with or without AI-powered interaction, played individually or in groups — AI-assisted authoring tools for creating them, class and user management, learning analytics and assessment reviews for instructors, SimMarket, optional voice interaction, multi-language delivery, branding for enrolled users, ratings, in-product documentation and support, and related features. Available features depend on your subscription plan.

6.2 We may add, change, suspend or remove features of the Service from time to time. Where a change materially reduces a core feature of a paid subscription plan, you may cancel your plan in accordance with clause 8.2, or end it under clause 29.2 as if the change were a revision that materially and adversely affects you.

6.3 Subscription plans differ in their user and role limits, monthly Token allowances, data retention periods, authoring rights, SimMarket access, branding and other entitlements, as described at the point of purchase and in your account billing section.

7. Tokens, metering and fair use

7.1 What consumes Tokens. Use of AI features — including playing Simulations and using the authoring tools — consumes Tokens, which are metered against your plan's allowance. Tokens are consumed whenever AI processing is performed, whether or not you regard the output as satisfactory, and except where required by law are not refundable.

7.2 How Tokens are counted — input and output are not counted equally. The Service counts output more heavily than input. Output Tokens — such as text and graphical representations a Simulation generates — count for more than input Tokens — the text prompts and uploaded materials sent to be processed — so your allowance is used up faster when Simulations produce more output. Use of the authoring tools may also count more heavily than play. Some AI features use Tokens each time they are used, for example a live web search or the generation of an image. The usage and the allowances shown to you in the Service (including in your account billing section) are counted on this basis. The weightings and any set amounts per use, your plan's Token allowance and any Token packs are those shown with your usage in the Service at the time of use, and they form part of these Terms. We may update them; an update takes effect thirty (30) days after it is published, or earlier if we notify you, and never retrospectively for a billing period that has already started.

7.3 Allowances and rollover. Token allowances are stated per subscription plan and reset at the start of each billing period. Unless your plan expressly provides for rollover, unused Tokens do not carry over between billing periods. As an exception, when your subscription plan changes, the unused Tokens of your plan's allowance for the billing period that ends are carried over once, into your first billing period on the new plan; Tokens of a billing period for which payment was due and not received are not carried over. Token packs that you purchase are separate from your plan's allowance: they are used only for usage beyond that allowance, they do not expire while your Account remains open, and they stay with your Account when your plan changes. Tokens have no monetary value and are not redeemable for cash.

7.4 Approaching and reaching your allowance. As you approach your allowance, the Service will display warnings. When your Token allowance for a billing period is exhausted, AI features may be paused, limited or unavailable for the remainder of that period unless and until additional Token capacity is added or the allowance resets, as described in the Service. We may also apply reasonable controls, rate limits and caps to protect the stability, security and availability of the Service for all users.

7.5 Changes. We may adjust Token measurement, weighting, allowances and the Token packs we offer from time to time. Any change applies prospectively from the date it takes effect and does not apply to Tokens already consumed. Where a change would materially reduce the Tokens available to you on a paid subscription plan during a period for which you have already paid, we will give reasonable notice, and you may cancel your plan in accordance with clause 8.2, or end it under clause 29.2 as if the change were a revision that materially and adversely affects you.

8. Fees, billing, renewals and cancellation

8.1 Paid subscriptions are billed in advance on a recurring basis (monthly, quarterly or annual, as selected at checkout or as agreed for your plan). Prices are shown in the currency applicable to your Account at the point of purchase; if your billing country is Australia, you pay in Australian dollars. Where you subscribe through online checkout, you authorise us, through our payment provider (PayPal), to charge your payment method on each renewal date until you cancel the subscription. Where your subscription plan is invoice-billed, clause 8.6 applies in place of that authorisation.

8.2 Cancellation. The following applies when a plan is cancelled, changed or ended:

• Cancelling. For plans subscribed through online checkout, you may cancel at any time from your account billing section. For invoice-billed plans, you may cancel by written notice as described in clause 8.6. In each case cancellation takes effect at the end of the current billing period, and you retain access until then. If you ask us to end your plan sooner, we may do so, and it then ends when we action your request.
• Changing to the Free plan. If, instead of cancelling, you change from a paid plan to the Free plan, the change takes effect immediately: your paid plan ends at that time, not at the end of the billing period, and the Service tells you so before you confirm.
• Changing to another paid plan. If you change from one paid plan to another through online checkout, the change takes effect when your payment for the new plan is approved: the new plan is a new subscription whose first billing period starts, and whose price is charged in full, at that time; your previous subscription then ends, and no credit or pro-rata adjustment is made for the unused part of its billing period. Changes to or from an invoice-billed plan are arranged with us.
• Ending by us. Where we suspend or end a paid plan under clause 8.3 or clause 24.1, we may do so immediately or from the end of the current billing period.
• What your Account keeps. When a paid plan ends and your Account is not closed, your Account continues on the Free plan: your existing classes, Students, Instructors and Simulations remain in it, but you cannot add classes, Students or Instructors while your Account is at or above the Free plan's limit for them.
• Refunds. We do not refund part-periods, including where a plan ends or changes before the end of a billing period as described in this clause, except as set out in clause 29.2 or where required by the Australian Consumer Law.

8.3 Failed payments. If a renewal payment fails, we may retry the charge and will attempt to notify you. Your access may be suspended or your Account downgraded after a grace period of fourteen (14) days.

8.4 Plan changes and term plans. Some plans have a fixed validity period after which they expire and migrate to the Free plan, or auto-renew, as described at purchase. Some plans are sold as semester or other fixed commitments billed periodically. Upgrades, downgrades and other changes of plan take effect as described in clause 8.2 and in the Service.

8.5 Taxes. Prices are stated inclusive or exclusive of GST and other applicable taxes as indicated at the point of purchase and on your invoice. Where we are registered, or required to be registered, for GST, we account for GST on the taxable supplies we make and will issue tax invoices and adjustment notes as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Whether GST applies to a supply depends on where you are, not on the currency you pay in. Where we are not registered for GST, no GST is charged and your invoice will state this.

8.6 Invoice-billed subscription plans. Some subscription plans (typically institutional or enterprise plans) are offered by arrangement and billed by invoice rather than through online checkout. For these plans:

• Invitations. We may invite you by email to register for an invoice-billed subscription plan. The invitation can be used only with the email address it was sent to, and only until it expires. Your plan starts on the day you register, at the price and payment terms shown when you register.
• Invoicing. We issue an invoice in advance for each billing period, beginning when the plan is activated on your Account. Each invoice is payable by the due date stated on it, in accordance with the payment terms agreed for your plan (for example, on receipt or within 14, 30, 60 or 90 days of the invoice date).
• Payment. Unless otherwise agreed, payment is by electronic funds transfer to the account details stated on the invoice, quoting the invoice number. Where you provide a purchase-order number we will quote it on your invoices for your convenience; however, no terms attached to a purchase order form part of, or vary, these Terms.
• Renewal and cancellation. Unless your subscription plan is a fixed-term plan as described in clause 8.4, an invoice-billed plan continues for successive billing periods, and a further invoice issues for each period, until cancelled. You may cancel by written notice to us, using the contact details in clause 31 or shown on your invoice, before the next renewal date; cancellation takes effect at the end of the current billing period in accordance with clause 8.2.
• Non-payment. If an invoice remains unpaid after its due date we may send reminders, and clause 24.1 applies: continued non-payment may result in suspension or cancellation of the plan. Amounts properly invoiced for periods already commenced remain payable, except as set out in clause 29.2.

Part C — Using the Service (clauses 9–11)

9. Acceptable use

9.1 You agree not to, and not to permit any user of your Account (including Instructors, End Users and Students you invite or enrol) to:

• use the Service for any unlawful, harmful, deceptive or fraudulent purpose;
• upload, create, author or distribute content that infringes intellectual property or other rights, is defamatory, obscene, harassing, or that violates privacy or any law;
• create or distribute content that sexualises, endangers or is otherwise harmful to minors;
• attempt to defeat, bypass, disable or manipulate the AI safety measures, content filters or guardrails of the Service or its AI Providers, or use prompt-injection or similar techniques to elicit prohibited content or to interfere with the Service or with other users' Simulations;
• create, upload or distribute malware, spyware or other code intended to disrupt, damage or gain unauthorised access to any system, data or account;
• attempt to reverse engineer, decompile, disassemble or extract source code, platform parameters or model prompts from the Service, except to the extent this restriction is prohibited by law;
• copy, capture, record, scrape or otherwise extract, by any means, any Simulation or other content of the Service that you are not entitled to copy, or disable, bypass or interfere with the measures we use to protect content and accounts;
• circumvent Token metering, usage limits, access controls, tenant separation or security measures; manipulate, falsify or artificially inflate usage, including to avoid charges, gain unauthorised benefits or generate or inflate Royalties or Commissions; or attempt to access data belonging to another user, Account or tenant;
• probe, scan or test the vulnerability of the Service or breach its security, except under a separate written authorisation from us (such as a responsible-disclosure arrangement, if offered);
• use the Service in breach of any applicable export control, sanctions or trade law, or while you are located in or ordinarily resident in an embargoed country, or are a person or entity subject to applicable sanctions;
• use the Service in breach of the acceptable use or usage policies of the AI Providers that power it;
• access the Service using automated means except through interfaces we publish for that purpose; or
• resell, sublicense or commercially exploit the Service or access to it except as expressly permitted by these Terms or with our written consent.

9.2 If you discover a security weakness, or that you can access data you should not be able to access, you must stop, not access or copy that data further, and report it promptly to legal@sandboxsim.com.

9.3 When you author Simulations you must also comply with the creator content standards and AI-conduct requirements in clause 12. Acceptable use applies to AI-generated output as well as to material you upload: you are responsible for configuring your Simulations so that they do not produce content that would breach this clause 9 or clause 12.

10. Educational nature; AI processing; no professional advice

10.1 Simulations and AI-generated interactions are provided for educational, training, informational or entertainment purposes only. They do not constitute professional, financial, legal, medical or other advice, and outcomes of simulated scenarios are not predictions or guarantees of real-world results.

10.2 AI-generated output may be inaccurate, incomplete or unsuitable for a particular purpose. You are responsible for reviewing output before relying on it and for exercising appropriate human judgement and oversight in an educational setting.

10.3 Processing by third-party AI providers. The Service uses third-party artificial intelligence providers ("AI Providers") to process information and generate content for its AI-powered features, including responses of AI characters, AI-generated feedback, and the Authoring Studio's suggestions and learning materials. AI-generated content may include text, images, graphs, visualisations, animations and other forms of multimedia or interactive content. Simulations themselves, including their rules, state and associated data, are run and held by the Service. Where a Simulation uses AI, an AI Provider may also determine what happens in it, including outcomes, scores and feedback, as described in clause 10.10. Your Simulations, authoring instructions, gameplay inputs and outputs, and related Content may be transmitted to and processed by the applicable AI Providers as necessary to provide those features.

10.4 AI Provider data handling. We select AI Providers and configure their services having regard to applicable privacy, confidentiality and data-protection requirements. For our platform-managed AI services, our contractual arrangements with the applicable AI Providers prohibit them from using Customer Content submitted through the Service to train or improve their general-purpose AI models.

10.5 Retention and processing arrangements. The retention and processing arrangements applicable to AI-generated requests may vary according to the AI Provider, model, feature, account configuration and applicable service terms. Where an AI Provider offers a zero-data-retention or equivalent arrangement and that arrangement is enabled and applicable to the relevant Service, we may use that configuration. Such arrangements may not apply to all models, features or third-party services used in connection with the Service.

10.6 Web search and third-party content. Certain AI features may use web search or other third-party tools to retrieve information from external websites. Where such features are enabled, information necessary to perform the search may be transmitted to the relevant AI Provider and/or third-party service. Data processed by third-party websites or services as part of a web search may be subject to those third parties' own terms, privacy policies and retention practices and may not be covered by the retention controls applicable to the underlying AI Provider service.

10.7 Your responsibility for what you submit. You must ensure that you have the necessary rights, permissions and authority to submit Content and personal information to the Service and to permit it to be processed by the AI Providers and other service providers used to deliver the relevant functionality. Where you submit information relating to other people, including End Users or Students, you are responsible for ensuring that you have the necessary legal basis, notices, consents or other authority required by applicable law.

10.8 Optional voice features. Some Simulations offer optional voice interaction using your browser's built-in speech recognition and speech synthesis, which may require microphone permission that you grant in your browser. Your audio is handled by your browser's own speech service rather than stored by us, and in some browsers that service is provided by a third party. Voice is optional and can be left off. See the Privacy Policy for detail.

10.9 You are interacting with software. Where a Simulation uses AI, the characters, personas, narrators and responses within it are generated by artificial-intelligence systems, not by people. AI characters are fictional; any resemblance to a real person is not a statement of fact about that person, and nothing an AI character says is a statement by ClickOracle.

10.10 Scores and feedback. Scores, grades and feedback in a Simulation may be set in advance by its author, applied by rules the author configures, generated by AI, or a combination. Where AI is involved, clauses 10.1 and 10.2 apply: the output may be inaccurate or incomplete and is provided for educational purposes only. Where an assessment review includes a proposed result, that result is provided only as a suggestion to the Subscription Owner and its instructors, who are responsible for determining and deciding the official result.

10.11 Changes to AI models. Except where you use your own AI Provider key (clause 11), we choose the AI models and AI Providers that power the AI features of the Service, and we may change, replace or stop using any of them at our discretion. Reasons include, without limitation: a model being withdrawn or no longer offered by its AI Provider; a change in an AI Provider's pricing or terms; rate limits, capacity or other technical constraints that make a model unsuitable for the Service; and reasons of quality, safety, security or law. To keep the Service available, a request may also be served automatically by another model or AI Provider when the usual one is unavailable, rate-limited or failing. A change of model may alter how a Simulation behaves and responds — including what AI characters say and how they say it, AI-generated feedback, scores and assessment reviews, and the Authoring Studio's suggestions — and it may take effect during an attempt. It may also change how many Tokens the same activity consumes (clause 7). We do not guarantee that a particular model or AI Provider will be used or remain available, or that a Simulation will respond as it did before a change. We may, at our discretion, tell you about a change, but we are not obliged to, except where the law requires it. Where you use your own key, you choose from the models your AI Provider offers and the Service supports, and either may change. Where a change materially reduces a core feature of a paid plan, clause 6.2 applies.

11. Bring-your-own API keys

11.1 Where your plan permits, you may configure your own AI Provider key for gameplay or authoring. You are responsible for your own provider account, its costs, its terms, and the security of your key. We store configured keys in encrypted form.

11.2 If you enable fallback to the platform AI on key failure, such fallback usage is metered against your Token allowance as described in clause 7. We are not responsible for the availability, performance, output or charges of any AI Provider you elect to use. Play by an Account on a plan that permits your own AI API key does not accrue Royalties, whether it runs on that key or on the fallback (see clause 15.3).

11.3 Where you configure your own AI Provider or API key, that provider processes your Content and Inputs under the terms, privacy practices, retention settings and other arrangements applicable to your provider account. We are not responsible for the data-handling, confidentiality, retention or model-training practices of a provider you independently select, except to the extent required by applicable law.

Part D — Your content and our licence (clauses 12–13)

12. Simulation content and ownership

12.1 Who owns a Simulation. As between the users of an Account and ClickOracle, the Subscription Owner of an Account owns all intellectual property in every Simulation created on that Account — whether it is created by the Subscription Owner or by an Instructor the Subscription Owner has permitted to create Simulations on the Account — subject to the licence granted in clause 13 and to our rights in the Service, underlying models, templates, scaffolding and tooling. A Subscription Owner who creates Simulations on its own Account owns what it creates. This clause does not affect intellectual property in source materials you created independently of the Service and merely used as input.

12.2 Instructors are credited, not paid by us. Where an Instructor authors a Simulation on a Subscription Owner's Account, the Subscription Owner owns the intellectual property in it and the Instructor is credited as the author (an attribution consistent with the author's moral rights). Where an Instructor shares an authoring session with other Instructors on the same Account, each Instructor who is still shared on that session when the Simulation is published is credited alongside the author. Who is credited is captured at the moment of publication and does not change afterwards; to change it, the Simulation must be returned to draft and published again. Whether an individual's name is displayed is governed by that individual's own attribution setting in the Service, which they may change at any time; where a person has not elected to be credited, no personal credit is shown for them. Attribution and integrity rights under Part IX of the Copyright Act 1968 (Cth) are personal to the individual author and are not affected by the Subscription Owner's ownership of the copyright, and the attribution setting operates as that individual's election for those purposes and, for section 195AWA of that Act, each Instructor consents in writing to being credited, or not credited, in accordance with that setting, and to the other Instructors credited on the same Simulation under this clause being credited alongside them. Deciding who should be credited on a Simulation, and resolving any disagreement about it, is a matter between the Instructors concerned and the Subscription Owner; ClickOracle records the credit produced by the mechanism described in this clause and does not determine or adjudicate claims of authorship (see also clause 12.3). The Instructor is not a royalty payee for those Simulations and receives no Royalties from ClickOracle for them. Any recognition, reward, fee or revenue-share for an Instructor's authoring is a matter to be agreed and administered between the Instructor and the Subscription Owner, outside these Terms and outside the Service; ClickOracle is not a party to, and takes no role in, that arrangement.

12.3 Subscription Owner ownership warranty. The Subscription Owner represents and warrants that it owns, or otherwise holds all rights, licences, consents and permissions necessary to control and deal with, the intellectual property in every Simulation authored on its Account (other than the moral rights of individual authors, which cannot be transferred; the Subscription Owner warrants instead that it has obtained any consents of those authors needed for the uses these Terms contemplate) — including where a Simulation is authored by an Instructor, whether the Instructor's contribution vests in the Subscription Owner by operation of law, under the Instructor's contract or the Subscription Owner's intellectual-property policy, or under a separate agreement between the Subscription Owner and the Instructor — to the extent necessary to grant the licence in clause 13 and to receive any Royalties under clause 15. The Subscription Owner is responsible for putting in place whatever arrangement it needs with its Instructors, and the indemnity in clause 19 applies to this warranty.

12.4 You are solely responsible for the Simulations authored on your Account and their content. We do not pre-screen Creator Content and, apart from the Sample Simulations described in clause 12.15, we are not the author of, and do not endorse, any Simulation.

12.5 The Service's authoring tools allow you to create Simulations and content, including the ability to author in different languages regardless of the language in which you give your authoring instructions. All content created using those tools, in any language, is Licensed Content owned by the Subscription Owner under clause 12.1 and licensed under clause 13. We do not ourselves author, translate or substantively alter the content of your Simulations.

12.6 Simulations incorporate ClickOracle's platform scaffolding, parameters, templates, system instructions and tooling, which remain ClickOracle's intellectual property notwithstanding the Subscription Owner's ownership of the content authored on its Account. You obtain no rights in that ClickOracle material, and you may not extract, copy or reuse it outside the Service. The Service does not provide a facility to export a Simulation in a runnable or self-contained form, and Simulations operate only within the Service; ownership of the authored content does not entitle you to obtain a runnable copy of a Simulation, or to extract the Service's scaffolding, parameters, system instructions or tooling, for use outside the Service.

12.7 Rights that actually subsist. Ownership under clause 12.1, the licence in clause 13 and any Royalties under clause 15 apply to whatever intellectual-property rights subsist in a Simulation. We do not represent that copyright or any other right subsists in any particular Simulation, or that it is enforceable against any person.

12.8 Instructor acknowledgement before authoring. Before an Instructor may author Simulations on an Account, the Instructor acknowledges that Simulations they author on that Account are owned by the Subscription Owner, that they will be credited as the author, and that they will not receive Royalties from ClickOracle for those Simulations. This acknowledgement is captured when the Instructor accepts an invitation that includes the authoring permission, or through a one-time in-app step where that permission is granted after they have joined.

12.9 When an Instructor is removed or leaves. A Subscription Owner may remove an Instructor from its Account at any time. Because the Subscription Owner already owns the Simulations authored on its Account (clause 12.1), removal, departure, account closure or a data-rights (erasure) request by an Instructor does not change ownership of those Simulations: they, together with any in-progress drafts and the associated authoring conversations, remain with the Subscription Owner and continue to be available to the Account, so that work in progress is not lost when the Instructor's authoring access ends. Where the Instructor had chosen to be publicly credited as the author, that credit is retained. This clause operates together with the erasure treatments described in our Privacy Policy.

12.10 Authoring conversations. When the authoring tools are used, the Service records the authoring conversation (the record of the authoring instructions and the authoring tool's responses), whether or not the work has yet been saved as a Simulation. Authoring conversations for Simulations authored on an Account belong to the Subscription Owner along with the Simulations. An authoring conversation can be continued by the user who started it and by anyone that user shares it with, and that user may delete it at any time; deleting it also deletes the material attached to it and any draft Simulation from it that has never been activated. Deleting an authoring conversation does not affect a Simulation that has been activated on the Account, which stays with the Account — including where the authoring Instructor is removed, leaves or erases their personal data. An authoring conversation that is not associated with any saved Simulation, and that is not needed to maintain a Simulation on the Account, is dealt with under the erasure treatments described in our Privacy Policy.

12.11 Content standards and responsibilities. You are solely responsible for ensuring that all Creator Content authored on your Account is lawful and complies with these Terms. We do not pre-screen Creator Content. In particular, you must ensure that your Creator Content:

• does not infringe intellectual property — it must not copy, reproduce, adapt or include any copyright work, trademark, trade secret, database right, design or other intellectual property of any other person without all rights, licences, consents and permissions required, and must not include third-party text, images, audio, characters, brands or logos you are not authorised to use;
• does not misuse a person's identity — it must not use the name, likeness, image, voice or persona of a real, identifiable person (including a public figure) without that person's consent or another lawful basis, and must not impersonate any person or organisation or falsely suggest their endorsement or affiliation;
• is lawful — it must comply with all laws applicable to you and to those who will use it, must not be defamatory, must not breach privacy or confidentiality, and must not facilitate any unlawful act;
• protects minors — it must not sexualise, endanger, exploit, groom or otherwise harm a minor, and must be age-appropriate for any End Users it is delivered to;
• is not harmful or hateful — it must not promote, incite or give instructions for violence, self-harm, terrorism or other serious harm; must not harass, bully, threaten or demean; and must not promote hatred or unlawful discrimination on the basis of a protected attribute such as race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or age;
• is not deceptive or fraudulent — it must not be designed to deceive, scam, phish, spread disinformation, or manipulate people to their detriment;
• is professionally appropriate — language and themes must suit an educational setting and the intended audience; gratuitous profanity and obscene, pornographic or shock content are not permitted, and where mature themes are genuinely necessary for a legitimate educational purpose they must be clearly framed as such and remain lawful and age-appropriate; and
• is not a substitute for professional advice — it must not hold itself out as, or be relied upon as, professional medical, legal, financial or other regulated advice, or be used to make safety-critical or legally binding decisions about real individuals.

You warrant that your Creator Content meets these standards (see also clause 19), and you are responsible for the conduct, output and consequences of each Simulation authored on your Account, including content it generates during play.

12.12 AI characters, personas and behaviour. A Simulation may use AI and may include AI characters or personas designed through prompts and configuration. You are responsible for how those characters are instructed to behave, and you must not author, instruct or configure an AI character or Simulation to: produce content that breaches clause 12.11 or clause 9; provide real-world instructions or assistance for weapons, explosives, dangerous goods, malware, or the commission of a crime; encourage or instruct a person to harm themselves or others, or to engage in dangerous, illegal or self-destructive behaviour; manipulate, coerce, deceive or emotionally exploit a user, foster unhealthy dependence, or hold itself out as a real human, a licensed professional, or a real person where doing so is misleading or harmful; or defeat, bypass or undermine the safety measures, content filters or guardrails of the Service or its AI Providers, or attempt to elicit content those measures are designed to prevent. You remain responsible for reviewing how your Simulation behaves and for keeping it within these standards throughout its life on the Service.

12.13 What is brought into the Authoring Studio, and what comes out of it. Everything entered or attached in the Authoring Studio on an Account — the instructions and messages in the authoring conversation, and the documents, images and other reference material attached to it — and everything produced from it, is Creator Content authored on that Account. The Subscription Owner is responsible for all of it, whether it was entered by the Subscription Owner or by an Instructor the Subscription Owner has invited, and warrants under clause 12.3 that it owns, or holds all rights, licences and permissions needed to use, that material in this way — including to have it processed by the AI Providers under clause 10.3 and included in Simulations licensed under clause 13 — and that, where the material includes personal information, it has the legal basis, notices and consents required by clause 10.7. The Subscription Owner accepts this responsibility when it registers its Account and accepts these Terms, and it applies to everything authored on the Account from then on. Treating this material as Creator Content makes the Subscription Owner responsible for it; it does not transfer ownership of material that belongs to someone else (clause 12.1).

12.14 Instructors. Each Instructor must comply with these Terms, and the invitation an Instructor accepts says so. As between the Instructor's conduct and us, the Subscription Owner is responsible for the acts and omissions of every Instructor and other user it invites or enrols as if they were its own (clause 4.3), including the material they bring into the Authoring Studio, the Simulations they author and how those Simulations behave when played. Nothing in this clause relieves an Instructor of their own obligations under these Terms.

12.15 Sample Simulations we provide. We author some Simulations ourselves, on an Account we control, and make them available through SimMarket as examples and starting points ("Sample Simulations"). An Account may receive them automatically when it registers, and they then sit in that Account's library on the same footing as any other adopted Simulation (clause 14): the Account may run and remove them, it does not obtain ownership or the right to modify them, and we may update, unpublish or withdraw them at any time. We own the intellectual property in Sample Simulations and are their author; they are not Creator Content of your Account, and your responsibility and warranties under clauses 12.3, 12.13 and 19.1 do not extend to them. They are supplied as part of the Service and illustrate what can be built with it; clause 10 applies to them as it does to any Simulation, and no Royalty accrues to any person other than us in respect of them. Our authoring of Sample Simulations does not make us the author of, or responsible for, any other Simulation.

13. Licence granted to ClickOracle

13.1 To enable us to operate the Service and the Royalty Program, the Simulation Owner — that is, the Subscription Owner of the Account on which the Simulation was created — grants ClickOracle a worldwide, non-exclusive licence, for as long as the Licensed Content remains on the Service and for a reasonable period afterwards to complete settlement and meet legal obligations, to:

• host, store, reproduce and make technical copies of the Licensed Content, and format and encode it, solely as required to store, secure and deliver it through the Service;
• communicate, publish, display and make the Licensed Content available to other users of the Service, including Adopters and their End Users;
• run, execute and operate the Licensed Content on our infrastructure and through third-party AI processing;
• list and promote the Licensed Content within SimMarket and the Service; and
• sub-license the foregoing rights to our service providers (including hosting and AI providers) solely to the extent necessary to operate the Service.

13.2 This licence is granted in consideration of access to and use of the Service and, where the Royalty Program is enabled for the Simulation Owner's country under clause 15, the Royalties payable for the use of the Licensed Content. Where the Royalty Program is not enabled, the Licensed Content may still be used under this licence and no Royalties accrue or are payable.

13.3 The Subscription Owner may remove a Simulation from SimMarket, remove it from Adopters' libraries, or make it inactive, at any time. Removing it from SimMarket stops new adoptions; Adopters that already have it may keep running it, and their play continues to accrue Royalties (clause 15.3). Removing it from Adopters' libraries, or making it inactive, stops that use and further accrual. None of these affects Royalties already accrued, settlement of existing balances, or copies and records we must retain to operate the Service and meet legal and tax obligations. The effect on Adopters is described in clause 14.4.

13.4 Backstop licence from authoring users. Clause 13.1 is granted by the Subscription Owner as the owner of the intellectual property. Separately, and only to the extent that a user who authors or contributes material on an Account holds any intellectual-property rights in that material or in a Simulation authored from it, that user grants: (a) ClickOracle the same licence, on the same terms and for the same period, as clause 13.1; and (b) the Subscription Owner of that Account the rights necessary for the Simulation to be used, published, adopted and licensed as these Terms contemplate. These grants operate only so far as is needed to fill any gap in the rights granted under clause 13.1 and take effect when the material is authored or contributed. They do not transfer ownership, do not make that user a Royalty payee (clause 12.2), do not reduce the Subscription Owner's warranty in clause 12.3, and do not affect any rights held by a third party who is not a party to these Terms.

Part E — SimMarket and the Royalty Program (clauses 14–16)

14. SimMarket and adoption

14.1 A Simulation may be published to SimMarket by listing it. Listing makes the Simulation discoverable and available for adoption by other Accounts whose subscription plan includes SimMarket access.

14.2 When an Adopter adds a listed Simulation, the Adopter obtains the ability to run that Simulation within its own Account under its own subscription. Adoption is provided through the Service at no separate charge to the Adopter; the Adopter does not purchase or license the Simulation from its Simulation Owner, and no price is set, quoted or invoiced by the Simulation Owner to the Adopter or to any End User.

14.3 The Simulation Owner and the Adopter have no contractual relationship with each other in respect of the Simulation. All access to Simulations is provided by ClickOracle to the relevant Account under that Account's subscription.

14.4 Availability and revocation of adopted Simulations. A Simulation you adopt is available to you only for as long as it remains available on the Service. The Simulation Owner may remove their Simulation from your library or make it inactive at any time, and ClickOracle may suspend or remove a Simulation at any time (including for an actual or suspected breach, infringement, or other violation of these Terms). Removing it from SimMarket alone does not remove it from your library. In any such case, you and your users — including your students and instructors — will lose access to that Simulation, and this may happen immediately and without notice or warning. You must not rely on the continued availability of any adopted Simulation, you should maintain your own independent teaching materials or alternatives, and neither ClickOracle nor the Simulation Owner is liable to you or your users for any loss, disruption or inconvenience arising from a Simulation becoming unavailable.

14.5 Acknowledgement on listing. When a Simulation is first listed on SimMarket, the person listing it acknowledges in the Service, on behalf of the Subscription Owner, that they have read and accepted these Terms as they apply to SimMarket — including the ownership and content standards in clause 12, the licence in clause 13, and the Royalty Program and taxation provisions in clauses 15 and 16 — and that the Subscription Owner's warranties in clauses 12.3, 12.13 and 19.1 extend to the Simulation being listed. We record that acknowledgement together with the version of these Terms in force at the time. A person who lists a Simulation represents that they are authorised by the Subscription Owner to do so.

15. The Royalty Program

15.1 Availability, suspension and discontinuation of the Royalty Program. The Royalty Program is a discretionary and optional feature of the Service, offered at ClickOracle's election. It operates only in respect of Subscription Owners in countries for which ClickOracle has enabled it, and ClickOracle is under no obligation to introduce, enable, maintain or continue it.

ClickOracle may, in its sole and absolute discretion and for a legitimate business, legal, tax or compliance reason, enable, suspend, disable, withhold, withdraw, limit, vary or discontinue the Royalty Program — in whole or in part, on a platform-wide basis, for any country, or in respect of any individual Simulation Owner — at any time, with immediate effect and without prior notice, warning or liability to you. Where reasonably practicable, we will notify you before the change takes effect.

Where the Royalty Program is suspended, disabled, withdrawn, discontinued or not enabled (whether for your country or generally), no Royalties accrue or become payable in respect of any period during which it is not in operation, even though Licensed Content may continue to be used on the Service under the licence in clause 13. ClickOracle does not pay Royalties by default; Royalties are payable only where the Royalty Program is enabled and the conditions in these Terms are met. For the avoidance of doubt, Royalties that have already validly accrued and become payable before the Royalty Program is suspended, disabled or discontinued remain subject to the payout, minimum-balance and unclaimed-balance provisions of clauses 15 and 16 (while the Royalty Program is not enabled for the country of your Account, they stay on your Account but can be requested only once it is enabled again); and a decision by ClickOracle under this clause 15.1 concerning the operation of the Royalty Program is an operational decision about an optional feature and is not a revision of these Terms under clause 29.

15.2 Participation. Royalties accrue to a Subscription Owner only while the Royalty Program is enabled for the country of the Subscription Owner's Account (its billing country) and the Subscription Owner's plan includes it, as shown for each plan in the Service. To be paid, you need a complete and accurate payout and tax profile (including your PayPal email, legal name, country of residence and the supplier declaration that applies to you under clause 16) and any verification we require. We may withhold payment where a profile is incomplete, unverified, or marked blocked.

15.3 Accrual and payee. Royalties accrue by reference to the Tokens consumed when a Simulation is played (counted as described in clause 7), and are payable to the Simulation Owner — that is, the Subscription Owner of the Account on which the Simulation was created. Play by an Adopter's users always accrues Royalties to the Simulation Owner, not to the Adopter. Play by users within the Simulation Owner's own Account accrues Royalties to the Simulation Owner only if in-house accrual is enabled in the Account's settings. Royalties accrue only while the Simulation is active on the Service. A trial of a Simulation from SimMarket, before it is adopted, does not accrue Royalties. Removing it from SimMarket stops new adoptions, but Accounts that have already adopted it may keep running it, and their play continues to accrue Royalties; removing it from those Accounts' libraries, making it inactive, or our suspending it, stops new play and further accrual. None of these affects Royalties already accrued. The Tokens counted for each play, and their value at the rate in force at that moment (clause 15.4), are fixed when the play is metered. An Instructor who authored a Simulation on someone else's Account is not a royalty payee (clause 12.2). No Royalties accrue in respect of play by an Account whose plan permits a bring-your-own key under clause 11, whether the play runs on that key or, where the key fails, on the platform AI under clause 11.2.

15.4 Rate. Royalties are calculated at a platform-wide rate per million Tokens (counted as described in clause 7) that ClickOracle sets and publishes in the Service. We may change the rate from time to time. A change takes effect at 00:00 UTC on the date we set, which is always a later day than the day we schedule it, and when we schedule it we tell the Subscription Owners who are eligible to earn Royalties at that time, in the Service and by email. Each play is valued at the rate in force when it is metered, so a change never alters Royalties already accrued.

15.5 Minimum payout and requests. A minimum unpaid balance (as published in the Service) must be reached before you may request a payout. You request payouts from your account Royalties section. When you make a request, the amount requested is fixed and reserved for that request, and you may have only one request under review at a time; Royalties that accrue while a request is under review are not part of it and form your next available balance. Reserving the amount is an internal record only: it is not a payment to you, and no amount is credited to you, applied or otherwise dealt with on your behalf until we pay it. We review requests and, where approved, pay them to your nominated PayPal email, less any amount withheld under clause 16.5. If a request is declined, the amount returns to your available balance and the reason is shown to you. If you are an Australian Subscription Owner carrying on an enterprise (you have given us your ABN), you must upload with each request your own invoice for the amount requested, made out to ClickOracle (a tax invoice if you are registered for GST). We may return an invoice that is incomplete or incorrect, with the reason; the request stays under review, and we pay it against your corrected invoice.

15.6 Currency. Royalties are accounted for and paid in the platform's default currency (currently Australian dollars), regardless of any informational currency preference you record.

15.7 Statements. We make records of your accrued balances, payout requests, payments and forfeitures available to you in the Service.

15.8 No guarantee. Participation in the Royalty Program does not guarantee any minimum or particular level of earnings, and we do not commit to paying Royalties by default. We may operate the Royalty Program on a per-country basis, pay no Royalties in countries where it is not enabled, and — as set out in clause 15.1 — modify, suspend, disable, withdraw or discontinue the Royalty Program, or change its parameters, at any time in our sole and absolute discretion, with immediate effect and without notice or liability for Royalties not yet accrued.

15.9 Detailed, current parameters of the Royalty Program (including the current rate and any scheduled change to it, the minimum payout, and whether it operates for your country) are published in the Service, including in the in-product Royalty Guide, and form part of these Terms.

15.10 Unclaimed balances. If you close your account or ask us to erase your data, request your unclaimed Royalty balance first: your Royalties section shows it, and you can request it once it reaches the minimum payout. Before we close or erase the account, we pay or decline any payout request still under review. Any balance you have not requested by then is forfeited, because closing or erasing the account removes the payout details needed to pay you. If a Simulation is deleted from your Account, by you or by your Instructors, the Royalties it has accrued that have not yet been requested are removed with it, and the Service warns the person deleting it before they confirm. We do not otherwise forfeit accrued Royalties.

16. Nature of Royalties and taxation

This clause 16 applies to Royalties that are payable to a Subscription Owner under the Royalty Program.

Characterisation. Payments under the Royalty Program are royalties — consideration for the use of, or the right to use, intellectual property — and are not commissions, marketplace or platform fees, agency receipts, or proceeds of any sale or supply by the Simulation Owner. The clauses below set out why this is the case and the tax consequences that follow.

16.1 ClickOracle acts as principal. ClickOracle operates the Service as principal and not as an agent, broker or reseller acting on behalf of any Simulation Owner. We are not a marketplace intermediary between Simulation Owners and Adopters. We make Simulations available to Adopters and their End Users through the Service under the rights granted to ClickOracle under clause 13. Any access by an Adopter or its End Users is provided by ClickOracle under the Adopter's subscription and does not arise under a separate sale, supply or licence from the Simulation Owner.

16.2 No supply to users. Simulation Owners do not sell, supply, license or otherwise provide their Simulations to Adopters or End Users. Adopters and End Users obtain access to Simulations solely from ClickOracle under their own subscription to the Service, and have no contractual relationship with any Simulation Owner in respect of a Simulation.

16.3 Consideration for use of intellectual property. Royalties payable to a Simulation Owner are consideration for ClickOracle's use of, and right to use, the Simulation Owner's Licensed Content (including the copyright in it) under the licence granted in clause 13. Royalties are calculated solely by reference to the extent of usage of the Licensed Content on the Service (measured in Tokens consumed, counted as described in clause 7), at a rate determined by ClickOracle. The Simulation Owner does not set or quote any price. Where a Simulation Owner who carries on an enterprise in Australia invoices us for a payout (clause 15.5), the invoice is for the Royalty calculated under this clause.

16.4 Agreed characterisation. Accordingly, the parties agree that amounts payable under the Royalty Program are royalties paid by ClickOracle for the use of intellectual property, and the parties will treat them as such. This characterisation reflects the substance of the arrangement: ClickOracle exploits the Licensed Content by making it available to its subscribers and running it, and pays the Simulation Owner for that use.

16.5 Withholding. ClickOracle may be required by law to withhold amounts from Royalties before payment, including Australian royalty withholding tax on payments to non-residents (at the relevant treaty rate, or the default rate where no treaty rate applies). We do not pay an Australian Simulation Owner who carries on an enterprise until they have given us their ABN, so we make no "no-ABN" withholding; an Australian Simulation Owner who is not carrying on an enterprise gives us the hobby declaration (a statement by a supplier) instead. You authorise us to make any such withholding, to remit it to the Australian Taxation Office or other competent authority, and to pay you only the net amount. We will record the amount withheld and the basis for it, and make payment records available to you.

16.6 GST. Where you are an Australian Simulation Owner registered for GST, your Royalty is treated as inclusive of GST and the invoice you give us with each request (clause 15.5) must be a tax invoice; we will identify the GST component but will not withhold it, and you remain responsible for remitting GST to the extent applicable to you. ClickOracle accounts for GST on the supplies it makes to its customers as principal.

16.7 Your tax responsibilities. You are responsible for determining and meeting your own tax obligations in respect of Royalties you receive, including any income tax, GST or equivalent, in your country of residence and elsewhere. We do not provide tax advice, and nothing in these Terms or in the Service is tax advice. You should obtain your own professional advice.

16.8 Declarations and information. You must provide accurate and current information about your residence, business status, ABN and GST registration, and accept the supplier declaration applicable to you (for a Simulation Owner outside Australia, a declaration of tax residence and beneficial ownership, with any tax identification number your country has issued). We rely on the information and declarations you provide to determine withholding and to make payments. If that information is inaccurate or out of date, you are responsible for the consequences, including any additional tax, penalties or interest, and the indemnity in clause 19 applies.

Part F — The Affiliate Program (clauses 17–18)

17. The Affiliate Program

17.1 What the Affiliate Program is. The Affiliate Program lets an approved Affiliate refer new customers to the Service using a unique referral link or code and earn a Commission on qualifying payments by Accounts validly attributed to them. The Affiliate Program is separate from, and operates differently to, the Royalty Program: Commissions are referral service fees paid by ClickOracle for marketing/referral services (see clause 18), not royalties or payments for intellectual property.

17.2 Becoming an Affiliate. You may join the Affiliate Program by accepting an invitation or by registering through the affiliate self-service sign-up where it is offered, and by providing a complete and accurate payout and tax profile (including legal name, country of residence, payout currency and payment method, your ABN if you are an Australian business, and your GST-registration status) and by accepting, in your affiliate portal, the tax declaration that applies to you (with your address, if you give the hobby declaration); we do not pay Commissions until you have accepted it. We may approve, decline, verify, suspend or close affiliate participation at our discretion, including where a profile is incomplete, unverified or marked blocked.

17.3 Independent contractor. An Affiliate is an independent contractor. Nothing in the Affiliate Program creates an employment, agency, partnership or joint-venture relationship, and an Affiliate has no authority to bind ClickOracle, to make representations on our behalf, or to accept money or sign up customers as our agent.

17.4 Referral attribution. When a visitor arrives through your referral link or code, we record a short referral code (held in the visitor's session) so that, if that visitor creates an Account, the Account is attributed once to you. Where the sign-up form offers it, your referral code can also be entered when an Account is created; a code from a referral link takes precedence over one entered. We may also attribute an Account to you when we invite that customer to register, or where a referral to you was not recorded (clause 17.11). Where a visitor follows more than one Affiliate's referral link before creating an Account, the most recent one is recorded. Attribution is then fixed: an Account already attributed to another Affiliate is not re-attributed to you. We may remove an attribution that was made in breach of these Terms or recorded in error. We do not guarantee that any referral will result in attribution or a Commission.

17.5 How Commissions accrue. Where the Affiliate Program is enabled for your country, a Commission accrues when an Account attributed to you as an Affiliate makes a qualifying payment for which your commission plan provides a Commission rate. The Commission is that rate applied to the ex-GST or the inc-GST amount of the payment, whichever your commission plan states. The payments that qualify (subscription fees, purchases of Token packs, or both), the Commission rates and the basis that apply to you are those shown in your commission plan in your affiliate portal; commission plans are agreed individually and may differ between Affiliates. Commission rates may be tiered: each rate applies for the period shown in your commission plan, counted from the date the referred Account was created, and where your commission plan ends after a set period, no Commission accrues on payments that Account makes after that period. We may vary your commission plan (its rates, basis, tiers, periods and qualifying payments) from time to time; changes apply prospectively from the date they take effect and do not alter Commissions already accrued.

17.6 Hold period, reversals and clawback. An accrued Commission may be subject to a hold period before it becomes payable, as shown in your commission plan in your affiliate portal. If the underlying payment is later refunded or charged back, in whole or in part, the related Commission is reversed (clawed back) in proportion to the amount refunded; if the payment is found to be fraudulent or in breach of these Terms, or the Commission was earned in breach of them (clause 17.8), the whole Commission is reversed, and we tell you the reason. If a chargeback is later decided in our favour, the Commission reversed because of it is restored. Where the Commission has already been paid, the reversal is deducted from your balance and next payment, and we may recover from you any amount still outstanding.

17.7 Minimum payout, requests, currency and statements. A minimum unpaid balance (shown in your commission plan in your affiliate portal) must be reached before you may request a payout. You request payment from your affiliate portal; we review requests and, where approved, pay them within the payment terms agreed with you and recorded for your Affiliate account, by the payment method recorded for it (bank transfer, PayPal or another method agreed with us) and in its payout currency, which is agreed with us when the account is set up and is Australian dollars unless we record otherwise. We may also pay your payable Commissions without a request. Commissions accrue in the currency of the payment that generated them, and balances are tracked and paid per currency. When you request payment, the payable Commissions in that currency are reserved for the request, so the amount you request is the amount we pay; Commissions that become payable later form your next request, and you may have one open request per currency. Reserving them is an internal record only and is not a payment to you. If you are an Australian business, you must upload with each request an invoice issued by you for the amount requested, made out to ClickOracle (a tax invoice if you are registered for GST), and if we pay you without a request, you must provide your invoice first. We may return an invoice that is incomplete or incorrect, with the reason, and we pay the request against your corrected invoice. If we decline a request, we tell you why and the amount returns to your available balance. We make records of your accrued Commissions, payment requests, payments and reversals available to you in the Service. If you ask us to erase your personal information, we first pay or decline any open payment request, and we keep affiliate and Commission records for as long as required by applicable tax law (clause 24.3); Commissions you have earned are not forfeited.

17.8 How you may promote. You must promote the Service honestly, lawfully and in a way that does not damage our reputation. You must not, and you warrant that you will not:

• send unsolicited commercial electronic messages, or otherwise breach the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) or any equivalent anti-spam, telemarketing or consumer law;
• make any false, misleading or deceptive representation about the Service, its features, pricing, your earnings, or your relationship with us, or use claims we have not approved;
• misrepresent yourself as ClickOracle, the Service, or our agent or employee, or register or use domain names, social accounts or app listings that impersonate or could be confused with us;
• use our name, trademarks, logos or brand assets except as we expressly permit, or bid on our trademarks or run paid placements in a way we have prohibited in the Service;
• self-refer, refer Accounts you or your associates control, use cookie-stuffing, fake or incentivised sign-ups, bots, or any other technique to generate or inflate Commissions; or
• promote the Service through unlawful, infringing, adult, hateful, or otherwise inappropriate content or placements.

17.9 Availability, suspension and discontinuation of the Affiliate Program. The Affiliate Program is a discretionary and optional feature offered at ClickOracle's election and operated only in countries for which we have enabled it.

ClickOracle may, in its sole and absolute discretion and for a legitimate business, legal, tax or compliance reason, enable, suspend, disable, withhold, withdraw, limit, vary or discontinue the Affiliate Program — in whole or in part, on a platform-wide basis, for any country, or in respect of any individual Affiliate — at any time, with immediate effect and without prior notice, warning or liability to you. Where reasonably practicable, we will notify you before the change takes effect. Commissions that have already validly accrued and become payable before such a change remain subject to the hold, reversal and minimum-balance rules above. A decision under this clause is an operational decision about an optional feature and is not a revision of these Terms under clause 29.

17.10 No guarantee. Participation in the Affiliate Program does not guarantee any minimum or particular level of earnings. The current parameters that apply to you (your Commission rates and tiers, basis, hold period, minimum payout, payment method, payment terms and payout currency) are those shown in your affiliate portal, and form part of these Terms.

17.11 Tracking and records. Referral tracking depends on the visitor's browser and session — a referral may not be recorded if the visitor blocks or clears cookies, uses privacy tools that strip the referral parameter, changes device or browser before creating an Account, or does not create an Account before that browsing session ends, and it may also be affected by faults, outages or errors in the Service. We do not warrant that referral tracking will be uninterrupted or error-free, and we are not liable for Commissions that do not accrue because a referral was not recorded. Our records of referrals, attributions and Commissions are the record on which payments are made, absent manifest error; if you believe a referral was not recorded correctly, tell us and we will investigate and correct any error we identify. Nothing in this clause limits clause 25.2.

18. Nature of affiliate commissions and taxation

This clause 18 applies to Commissions payable to an Affiliate under the Affiliate Program.

Characterisation. Commissions are referral service fees — consideration for marketing and referral services the Affiliate provides to ClickOracle — and are not royalties, payments for the use of intellectual property, agency receipts, or proceeds of any sale or supply of the Service by the Affiliate. The Affiliate does not sell, resell or supply the Service to anyone; all subscriptions are sold by ClickOracle as principal.

18.1 Agreed characterisation. The parties agree that Commissions are fees for referral services supplied by the Affiliate to ClickOracle, and will treat them as such. The Affiliate does not set, quote or invoice the customer; the Affiliate's only entitlement is the Commission ClickOracle pays for the referral service.

18.2 GST (Australian Affiliates). Where you are an Australian Affiliate registered for GST, your supply of referral services to us is a taxable supply and your Commission is treated as inclusive of GST. You issue us a tax invoice for each payment (clause 17.7), and you must tell us promptly if you cease to be registered for GST. We will identify any GST component, and you remain responsible for remitting GST to the extent applicable to you.

18.3 Withholding. Ordinarily, no tax is withheld from a Commission under these arrangements. We pay an Australian Affiliate who carries on an enterprise only once they have given us their ABN, so we make no "no-ABN" withholding; an Australian Affiliate who is not carrying on an enterprise gives us the hobby declaration (a statement by a supplier) instead. Because a Commission is a referral service fee and not a royalty, Australian royalty withholding tax does not apply to it. For a genuine non-resident Affiliate whose referral services are performed outside Australia, the Commission is treated as a foreign-sourced service fee and ClickOracle does not withhold Australian tax from it; the Affiliate remains solely responsible for any tax payable in their own jurisdiction. You authorise us to make any withholding the law requires, to remit it to the competent authority, and to pay you only the net amount, and we will record the amount and basis.

18.4 Your tax responsibilities and declarations. You are responsible for determining and meeting your own tax obligations in respect of Commissions you receive, in your country of residence and elsewhere. You must provide accurate and current information about your residence, business status, ABN and GST registration, and accept the declaration applicable to you. We rely on that information to determine withholding and to make payments. If it is inaccurate or out of date, you are responsible for the consequences (including any additional tax, penalty or interest), and the indemnity in clause 19 applies. Nothing in these Terms or in the Service is tax advice; obtain your own professional advice.

Part G — Warranties, privacy, moderation, availability, termination and liability (clauses 19–27)

19. Warranties and indemnity

19.1 Content and ownership warranties. In respect of each Simulation authored on your Account and each item of Creator Content, you warrant that: the Subscription Owner owns, or has obtained all rights, licences, consents and permissions necessary to grant the licence in clause 13 and to make the Simulation available on the Service (see clause 12.3); the Simulation and its content do not and will not infringe or misappropriate any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right or other right of any person; the Simulation and its content are not unlawful, defamatory, harmful or misleading and comply with all applicable laws; any third-party material included is used with proper authorisation; your Creator Content complies with the content standards and AI-conduct requirements in clauses 12.11 and 12.12; and all information and declarations you provide in connection with the Royalty Program (including under clause 16) are true, accurate and current.

19.2 Affiliate warranties. If you take part as an Affiliate, you warrant that you will comply with clause 17 (including the promotion rules in clause 17.8), that all information and declarations you provide in connection with the Affiliate Program and taxation (including under clause 18) are true, accurate and current, and that your promotional activities are and will be lawful and not misleading.

19.3 Sole responsibility. You are solely responsible for ensuring that your Simulations, content and promotional activities are non-infringing and lawful. ClickOracle does not undertake to verify the originality, ownership or non-infringement of any Creator Content, or the lawfulness of any Affiliate's promotion.

19.4 Indemnity. To the maximum extent permitted by law, you indemnify and will keep indemnified ClickOracle Pty Ltd and its officers, employees, contractors and agents (the "Indemnified Parties") against all claims, demands, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal costs on a full-indemnity basis) suffered or incurred by any Indemnified Party arising out of or in connection with: (a) Simulations or Creator Content authored on your Account, or their use, hosting or distribution on the Service, including content generated during play; (b) any actual or alleged infringement or misappropriation of any third-party right by those Simulations or content; (c) any breach of your warranties in this clause 19 (including the ownership warranty in clause 12.3) or of these Terms; (d) any inaccurate, incomplete or misleading information or declaration you provide in connection with the Royalty Program, the Affiliate Program or taxation, including any resulting tax, penalty or interest; or (e) your promotional activities as an Affiliate, including any claim that they were unlawful, misleading, or in breach of the Spam Act 2003 (Cth) or other law.

19.5 This indemnity survives termination or expiry of these Terms and is in addition to any other rights or remedies available to the Indemnified Parties. It does not require you to indemnify an Indemnified Party to the extent the relevant liability was caused or contributed to by that party's own negligence, fraud or wilful default or its breach of these Terms, or to the extent it cannot lawfully be shifted to you.

20. Platform intellectual property; licence to you

20.1 The Service, including its software, design, text, graphics, trademarks, templates, prompts, platform parameters, AI integrations and all other materials we provide (excluding the content authored on an Account), is owned by ClickOracle or its licensors and is protected by intellectual property laws.

20.2 Subject to these Terms and your plan, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal educational or business purposes for the duration of your subscription. You obtain no rights in the Service except as expressly granted.

20.3 Feedback. If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use and incorporate that feedback into the Service without restriction or any obligation to you. Feedback is provided voluntarily and is not treated as your confidential information. Where you contact us to request support or report a bug, the information you provide is handled as described in our Privacy Policy.

21. Privacy and data protection

21.1 Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Please review it to understand how we collect, use, store and disclose personal information and your rights, including in relation to processing by AI Providers under clause 10, voice features, consent management, data-rights requests, and the protection of content and accounts described in clause 22.

21.2 You must comply with all applicable privacy and data-protection laws in respect of any personal information you provide or process through the Service, including in relation to End Users and Students you enrol.

22. Content moderation, monitoring, suspension and takedown

22.1 Although we do not pre-screen Creator Content, we may review, restrict, suspend, unpublish or remove any Simulation or content, and suspend any listing or Account, where we reasonably consider it necessary — including where content may be infringing, unlawful, harmful, or in breach of these Terms, or in response to a complaint or legal notice. Where we suspend, unpublish or remove a Simulation, it becomes inaccessible to Adopters and their users as described in clause 14.4.

22.2 Monitoring. We may, but are not obliged to, review, monitor and analyse Simulations, content and use of the Service — including by automated means — to operate the Service, enforce these Terms, and protect users, third parties and the Service. Doing so does not make us the author of, or responsible for, Creator Content, and we carry it out consistently with our Privacy Policy. Monitoring includes checks, while users are signed in, of how the pages and files in the protected parts of the Service are used, as described in our Privacy Policy, and we may prevent copying, printing or similar actions on those pages.

22.3 Removal, suspension and termination for breach. Where Creator Content, Affiliate activity or use of the Service breaches clause 9, clause 12.11, clause 12.12, clause 17 or any other part of these Terms or applicable law, or where we reasonably suspect such a breach, we may — to the extent we reasonably consider appropriate and with immediate effect and without prior notice — remove, unpublish, disable or restrict the Simulation or content; suspend or terminate your access or your Account; reverse or withhold affected Royalties or Commissions; and decline to provide the Service to you in future. For serious or repeated breaches, or breaches involving illegal content, infringement or harm to others, we may permanently terminate and ban the Account. Where you hold a subscription we will cancel it, and, except to the extent the Australian Consumer Law requires otherwise, termination for your breach does not entitle you to a refund of any fees already paid. These rights are in addition to our other rights, including those in clause 24 and the indemnity in clause 19.

22.4 Complaints about content. If you believe a Simulation or other content on the Service infringes your intellectual property or other rights, send a notice to legal@sandboxsim.com that identifies the content (a title, link or other locator), identifies the work or right you say is infringed, explains why you consider the use unauthorised, and gives your name and contact details. We may remove or disable access to the content while we assess the notice, and we may ask you or the Account concerned for further information. We may suspend or terminate Accounts that repeatedly host infringing content.

22.5 Automatic protection. To protect content and the Service, the Service may respond automatically when it detects actions in the protected parts of the Service that are commonly used to copy, capture or extract content: according to limits we set, it may show a notice, sign the user out or suspend the user's account. A suspension under this clause is a suspension under clause 22.3 while the matter is reviewed. If you think an automatic response was a mistake, tell us at legal@sandboxsim.com or as our Privacy Policy describes: a person will review it, you can explain your side, and we will restore access if the response was not justified. We do not cancel a subscription or terminate an Account for this reason without a person first reviewing the matter; any such step is taken under clause 22.3.

23. Service availability, service levels and data

23.1 Availability. We aim for high availability but do not warrant or guarantee that the Service will be available, uninterrupted, timely, secure or error-free. Scheduled maintenance, third-party dependencies (including AI providers and payment providers), and events beyond our reasonable control may cause downtime or degraded performance.

23.2 No service levels unless separately agreed. Except as expressly stated as a service level for your plan, or under a separate written service-level agreement that applies to your Account, we make no commitment as to uptime, availability, support, or response or restoration times, and none is otherwise implied by these Terms, by any plan description, or by our past performance.

23.3 Keep your own copies. You are responsible for independently retaining your own copies and backups of any content, materials, assets and data you submit or upload to the Service. The Service is not a backup or archival service, and we do not warrant that your Creator Content or other data will be retained, preserved, backed up, or able to be recovered or restored.

23.4 No liability for unavailability or loss of data. To the maximum extent permitted by law, and subject to clause 25.2, we are not liable for any unavailability of the Service, or for any loss, corruption, deletion, alteration or inaccessibility of Creator Content or other data, however caused (including data error, hardware or software failure, server crash, a security incident, or discontinuation of the Service or any feature). Clauses 26.1 and 26.2 further limit our liability for loss of data.

23.5 Security. We apply the safeguards described in our Privacy Policy, but no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for the security of your own devices, networks and credentials (clause 4.2).

24. Suspension, termination and account closure

24.1 We may suspend or terminate your Account or access if you breach these Terms, fail to pay fees when due, or use the Service in a way that exposes us, other users or third parties to risk or liability, including as described in clause 22.3.

24.2 You may close your Account at any time by asking us to delete your data through the privacy request form in the Service, or by contacting us. Closing your Account does not entitle you to a refund except as required by law, and does not affect accrued obligations.

24.3 Data on termination. During your subscription, your data is retained in accordance with the data-retention period of your plan. Following termination or closure of your Account, your data may be permanently deleted after a reasonable period, subject to any records we are required by law, or entitled, to retain (including for settlement of Royalties and Commissions and to meet legal and tax obligations). Our handling of personal information on termination, including the erasure treatments, is described in our Privacy Policy.

24.4 Clauses which by their nature should survive termination (including clauses 12 to 20, 25 to 27 and 30) survive.

24.5 When a user leaves an Account. Removing an Instructor from an Account ends their access to it and to anything within it; their own account on the Service continues, and they become free to accept an invitation from another Subscription Owner. An Instructor may be part of one Subscription Owner's Account at a time. Unenrolling an End User or Student from a class ends their access to the Simulations assigned through it; their own account continues, and records of what they have already done remain with the Account (clause 5.3).

25. Disclaimers and the Australian Consumer Law

25.1 To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all warranties, representations and guarantees not expressly set out in these Terms.

25.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied. Nothing in these Terms limits any right or remedy you or any data subject has under the Privacy Act 1988 (Cth) or other applicable privacy law.

26. Limitation of liability

26.1 To the maximum extent permitted by law, and subject to clause 25.2, neither party is liable to the other for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with the Service or these Terms.

26.2 To the maximum extent permitted by law, and subject to clause 25.2, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the total fees you paid to us for the Service (including for Token packs) in the twelve (12) months immediately preceding the event giving rise to the liability. This limit does not apply to Royalties or Commissions that have become payable to you under these Terms.

27. Indemnity by users

27.1 In addition to the warranties and indemnity in clause 19, you indemnify the Indemnified Parties against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with your use of the Service in breach of these Terms or applicable law, or the acts or omissions of any user within your Account.

27.2 Clause 19.5 applies to this indemnity as it applies to the indemnity in clause 19.4.

Part H — Law and general (clauses 28–31)

28. Governing law and jurisdiction

28.1 These Terms are governed by the laws of Queensland, Australia. You and we submit to the exclusive jurisdiction of the courts and tribunals of Queensland and the courts competent to hear appeals from them.

28.2 Complaints. If you have a complaint about the Service, please contact us at legal@sandboxsim.com so we can try to resolve it with you. You do not have to complain to us before you pursue a remedy, and nothing in this clause 28 limits your rights under the Australian Consumer Law.

29. Changes to these Terms

29.1 We may revise these Terms from time to time. Where a revision materially changes your rights or obligations, we will tell you at least fourteen (14) days before it takes effect, through a notification in the Service, by email or both, and the notice will link to the revised version so that you can read it first. Other revisions, for example to correct an error, to describe a new feature, or where the law requires a change sooner, take effect on the effective date stated in them. The version in force, and any revised version we have announced, are available from the Terms & Conditions link in the site footer on the homepage. Your continued use of the Service after a revised version takes effect constitutes acceptance of it. If you do not agree to a revision, you may cancel in accordance with clause 8 before it takes effect.

29.2 If a revision under clause 29.1 materially and adversely affects you and you hold a paid subscription plan, you may end that plan by written notice to us within thirty (30) days of our notice of the revision, stating that you object to it. The plan then ends when we action your notice. We will refund the subscription fees you have prepaid for the remainder of the current billing period, pro rata, and will not charge them where they have not yet been paid. This clause covers subscription fees only.

30. General

30.1 Entire agreement. These Terms, together with the Privacy Policy and any subscription plan-specific terms and the usage, pricing, Royalty Program and Affiliate Program parameters published in the Service (including Token weighting and allowances, the Royalty Program rate, minimum payout and participating countries, and, for an Affiliate, the commission plan, hold period and minimum payout shown in the affiliate portal), constitute the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.

30.2 Assignment. You may not assign or transfer your rights or obligations without our consent. We may assign these Terms in connection with a reorganisation, merger or sale of our business.

30.3 Relationship. Except for the limited independent-contractor relationship created with an Affiliate under clause 17, nothing in these Terms creates any agency, partnership, employment or joint venture between you and us. In particular, ClickOracle is not a party to, and takes no role in, any arrangement between a Subscription Owner and an Instructor regarding the authoring of Simulations or any reward for it (clause 12.2).

30.4 Severability. If any provision is held invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force.

30.5 Waiver. A failure or delay in exercising a right is not a waiver of it.

30.6 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

30.7 Notices. We may give you notices via the Service or to your Account email. You may contact us as set out in clause 31.

30.8 Language. These Terms are drafted and entered into in English. Where we provide a translation of these Terms, the Privacy Policy, the Service interface, or our communications, it is provided for convenience only. In the event of any conflict or inconsistency between the English version and a translation, the English version prevails. Translated and localised interface text, notifications, documents and AI-generated translations are provided on an "as is" basis, may contain inaccuracies, and should not be relied on where accuracy is essential; the disclaimers and limitations in clauses 10, 23, 25 and 26 apply to them.

31. Contact

Questions about these Terms can be directed to ClickOracle Pty Ltd at legal@sandboxsim.com.