Terms of use

TrueSim B.V. Europaplein 1, 5684 ZC Best (The Netherlands) Chamber of Commerce (KvK) no. 77639014

Effective date: 7-7-206

1. About these Terms

1.1 These Terms of Use ("Terms") govern your access to and use of the TrueSim clinical training and simulation application for extended-reality (XR) headsets (the "Application"), the associated TrueSim web application (the "Web Application"), and the related websites, content and services provided by TrueSim B.V. ("TrueSim", "we", "us"). The Application, Web Application, websites and related services are together referred to as the "Service".

1.2 By downloading, installing, accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1.3 The Service is intended for professional use in a clinical education, training or simulation context. It is not directed at consumers and is not intended for personal, non-professional use.

2. Definitions

Account – the personal, credentialed access to the Service issued to a User.

Customer – the organization (for example an employer, hospital, educational institution or training provider) that has entered into an agreement with TrueSim under which its Users are granted access to the Service.

User / you – any natural person who accesses or uses the Service, whether through an Account provided by a Customer or otherwise.

Content – all software, simulations, scenarios, models, graphics, audio, text, data and other materials made available through the Service.

Commercial Agreement – any separate written agreement between TrueSim and a Customer governing the supply, licensing, pricing and procurement of the Service.

3. Scope and order of precedence

3.1 These Terms apply to all use of the Service by every User.

3.2 Where a Commercial Agreement exists between TrueSim and a Customer, that agreement governs the commercial relationship (including fees, license volumes, service levels and term) between TrueSim and that Customer. In the event of a conflict between these Terms and a Commercial Agreement in respect of that Customer and its Users, the Commercial Agreement prevails.

3.3 The processing of personal data through the Service is described in the TrueSim Privacy Statement, available at www.truesim.com. Where TrueSim processes personal data on behalf of a Customer, a separate data processing agreement (verwerkersovereenkomst) applies.

4. The Service

4.1 The Application is an XR-based clinical training and simulation tool built around structured clinical assessment methodology (including the ABCDE approach: Airway, Breathing, Circulation, Disability, Exposure). It presents simulated, fictional scenarios and is operated through hand-tracking interactions.

4.2 The Web Application provides account access and the management of training and progress data associated with the Service.

4.3 We may modify, expand, restrict or discontinue features of the Service from time to time. We will use reasonable efforts to avoid materially reducing core functionality without notice, save where changes are required for security, legal or technical reasons.

5. Intended use and important disclaimer

5.1 Training and simulation only. The Service is an educational and training simulation. It is provided solely to support the practicing and assessment of clinical skills in a simulated environment.

5.2 Not a medical device. The Service is not a medical device and is not intended to be a medical device within the meaning of Regulation (EU) 2017/745 (Medical Device Regulation) or any equivalent legislation. It is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease in, or for any clinical decision concerning, any actual patient.

5.3 Not a substitute for real training or clinical judgement. The Service does not replace, and must not be relied upon as a substitute for, formal medical education, professional qualification, certification, accreditation, institutional protocols, supervised clinical training, or the professional judgement of a qualified healthcare practitioner. All scenarios, patients, physiological responses and outcomes presented in the Service are fictional and illustrative, and may not reflect real-world clinical presentations or outcomes.

5.4 No reliance for patient care. You must not use the Service, or any information, result, score or feedback derived from it, to make or inform decisions about the care, diagnosis or treatment of any actual person. Real clinical care must always be based on appropriate qualifications, current professional guidelines and independent clinical judgement.

5.5 Nothing in the Service constitutes medical, professional or legal advice.

6. Health and safety (XR use)

6.1 Use of the Application involves an XR headset and immersive content. Before and during use you must read and follow all health and safety warnings and guidance provided by the headset manufacturer and by TrueSim.

6.2 You should ensure a safe, clear physical play area, take regular breaks, and stop using the Application if you experience discomfort, including dizziness, nausea, eye strain, fatigue or disorientation. Do not use the Application while fatigued, or under conditions in which impaired awareness of your surroundings could be hazardous.

6.3 If you have any medical condition that may be affected by immersive XR use (including, without limitation, a history of seizures, heart conditions, or conditions affected by flashing lights or motion), you should consult a qualified medical professional before use.

7. Eligibility and Accounts

7.1 You must be at least 18 years old to use the Service.

7.2 Access to the Service is generally provided through an Account. Where your Account is provided by a Customer, your use is also subject to that Customer's applicable policies, and the Customer may control, suspend or withdraw your access.

7.3 You are responsible for keeping your login credentials confidential and for all activity carried out under your Account. You must notify us (or your Customer) promptly of any unauthorized use of your Account or any other breach of security.

7.4 You must provide accurate account information and keep it up to date.

8. License

8.1 Subject to your compliance with these Terms and, where applicable, the relevant Commercial Agreement, TrueSim grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service for internal clinical training and simulation purposes for the duration of your authorized access.

8.2 This license does not transfer any ownership rights. All rights not expressly granted are reserved by TrueSim and its licensors.

9. Acceptable use and restrictions

9.1 You agree not to, and not to permit any third party to:

(a) use the Service for any unlawful purpose or in breach of these Terms;

(b) use the Service to make, inform or support decisions concerning the care of any actual patient (see clause 5);

(c) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;

(d) rent, lease, lend, sell, sublicense, distribute or otherwise make the Service available to any third party beyond the users authorized under your Account or the relevant Commercial Agreement;

(e) remove, obscure or alter any proprietary notices in the Service;

(f) introduce any malware, or attempt to gain unauthorized access to, disrupt, or compromise the integrity or security of the Service or its underlying systems;

(g) use the Service to develop a competing product or service, or benchmark it for that purpose without our prior written consent;

(h) use any automated means to access the Service or extract data, except as expressly permitted.

9.2 We may investigate suspected violations and take appropriate action, including suspending or terminating access.

10. Hardware and third-party platforms

10.1 The Application requires compatible XR hardware and may be distributed through, or require an account with, third-party platforms and stores (for example the Meta Quest store). Your use of such hardware, platforms and stores is subject to the terms and privacy policies of the relevant third parties, for which TrueSim is not responsible.

10.2 You are responsible for obtaining and maintaining the hardware, software, accounts and connectivity required to use the Service. TrueSim does not warrant that the Service is compatible with any particular device or configuration other than those we specify as supported.

11. Intellectual property

11.1 The Service and all Content, and all intellectual property rights in them, are and remain the exclusive property of TrueSim and/or its licensors. These Terms do not grant you any rights in the Service other than the limited license in clause 8.

11.2 "TrueSim", the TrueSim logo, and related names and marks are trademarks of TrueSim. You may not use them without our prior written consent.

11.3 If you provide us with feedback, suggestions or ideas about the Service, you grant TrueSim a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.

12. Fees and payment

12.1 Where fees are payable for the Service, they are set out in the relevant Commercial Agreement between TrueSim and the Customer. Unless expressly agreed otherwise, individual Users are not charged directly by TrueSim.

12.2 Except where required by mandatory law, fees paid are non-refundable.

13. Availability, maintenance and support

13.1 We aim to make the Service available with reasonable continuity but do not guarantee that it will be uninterrupted, error-free or available at all times. Access may be limited during maintenance, updates, or as a result of factors beyond our reasonable control.

13.2 Support and any applicable service levels are as described in the relevant Commercial Agreement or as otherwise communicated by TrueSim. General enquiries can be directed to [support contact].

14. Data protection and privacy

14.1 TrueSim processes personal data in accordance with the TrueSim Privacy Statement and applicable data protection law, including the General Data Protection Regulation (GDPR).

14.2 Hand-tracking data generated during use of the Application is processed locally on the device to enable interactions within the Application, as further described in the Privacy Statement.

14.3 Where TrueSim processes personal data on behalf of a Customer, the parties' respective roles and obligations are governed by a data processing agreement (verwerkersovereenkomst).

15. Warranties and disclaimers

15.1 To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

15.2 Without limiting clause 5, TrueSim does not warrant that the Service, or any scenario, result or output, is accurate, complete, clinically valid, or suitable for any particular purpose beyond simulated training.

15.3 Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable mandatory law.

16. Limitation of liability

16.1 Nothing in these Terms limits or excludes TrueSim's liability for damage arising from intent (opzet) or deliberate recklessness (bewuste roekeloosheid) on the part of TrueSim's management, for death or personal injury caused by TrueSim's negligence, or for any other liability that cannot be limited or excluded under applicable mandatory law.

16.2 Subject to clause 16.1, and to the maximum extent permitted by law:

(a) TrueSim shall not be liable for any indirect or consequential loss, including loss of profit, loss of revenue, loss of data, loss of goodwill, or business interruption; and

(b) TrueSim shall not be liable for any loss or damage arising from use of the Service, or of any output of the Service, in connection with actual patient care, clinical decision-making, or any purpose other than simulated training (see clause 5).

16.3 Subject to clause 16.1, TrueSim's total aggregate liability arising out of or in connection with the Service shall not exceed the amount described in the relevant Commercial Agreement or, where no such amount is specified, the fees paid to TrueSim in respect of the Service in the twelve (12) months preceding the event giving rise to the liability.

16.4 Any claim against TrueSim lapses if it is not notified to TrueSim in writing within twelve (12) months of the User becoming aware, or reasonably being able to become aware, of the relevant facts.

17. Indemnity

Where you use the Service in the course of a business or profession, you shall indemnify and hold TrueSim harmless against third-party claims arising from (a) your breach of these Terms, or (b) any use of the Service, or reliance on its output, in connection with actual patient care contrary to clause 5.

18. Suspension and termination

18.1 We may suspend or terminate your access to the Service with immediate effect if you materially breach these Terms, if required by law, or where necessary to protect the security or integrity of the Service.

18.2 Where your access is provided by a Customer, it may end when the Customer's agreement with TrueSim ends or when the Customer withdraws your access.

18.3 On termination, your right to use the Service ceases and you must stop using it. Clauses that by their nature should survive termination (including clauses 5, 11, 15, 16, 17 and 20) will continue to apply.

19. Changes to these Terms

19.1 We may amend these Terms from time to time, for example to reflect changes to the Service or to legal requirements. The current version is published at www.truesim.com.

19.2 Where changes are material, we will take reasonable steps to notify Users or Customers. Your continued use of the Service after the changes take effect constitutes acceptance of the amended Terms.

20. Governing law and disputes

20.1 These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of the Netherlands.

20.2 Disputes shall be submitted to the exclusive jurisdiction of the competent court of the Rechtbank Oost-Brabant, location 's-Hertogenbosch, the Netherlands, except where mandatory law provides otherwise.

21. Miscellaneous

21.1 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations, for example in connection with a merger, acquisition or reorganization.

21.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that most closely reflects its intent.

21.3 No waiver. A failure to enforce any provision is not a waiver of the right to do so later.

21.4 Entire agreement. These Terms, together with any applicable Commercial Agreement, data processing agreement and the Privacy Statement, constitute the entire agreement between you and TrueSim regarding the Service.

22. Contact

TrueSim B.V.

Europaplein 1, 5684 ZC Best (The Netherlands)

Email: info@truesim.com

Chamber of Commerce (KvK) no. 77639014