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Virtuoso Demo Sandbox Terms of Use

This document sets out the terms on which you (Demo Sandbox User, you or your) may access and use the demo sandbox for the Virtuoso platform (Demo Sandbox) of Cinglevue International Pty Ltd (ABN 66 143 560 838) (Cinglevue, we, us or our). By accessing the Demo Sandbox or providing to us or using in the Demo Sandbox any Personal Information you: (i) agree to and are bound by these Demo Sandbox Terms of Use (Sandbox Terms); and (ii) consent to the collection, use and disclosure of your Personal Information to or by Cinglevue (as operator of the Demo Sandbox) in accordance with the Virtuoso Privacy Policy.

Breach of any of the Sandbox Terms may result in your use of the Demo Sandbox being terminated or blocked in our absolute discretion. These Sandbox Terms may change from time to time and will be published on the login page for the Demo Sandbox and your continued use of the Demo Sandbox is your deemed acceptance of those changes.

1. Interpretation

In these Sandbox Terms, unless the context otherwise requires, capitalised terms are as defined below:

Demo Sandbox [insert description of demo sandbox version, how to find it and use it and its functional limitations]

Demo Sandbox URL https://[sandbox].virtuoso.app/

Immersive Experiences has the meaning given to that term in clause 6.3(a);

Intellectual Property Rights means patents, rights to apply for patents, trade marks, trade names, service marks, domain names, copyrights and all applications and registrations of such, schematics, industrial designs, inventions, know-how, trade secrets, computer software programs and other intangible proprietary information;

ML has the meaning given to that term in clause 6.1;

ML Recommendations has the meaning given to that term in clause 6.1;

Personal Information has the meaning given to that term in the Privacy Act;

Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles;

User Interface means the visual/graphical and/or tactile interface or dashboard through which an individual interacts with Virtuoso, either through:

(a)the web app, which facilitates interactions through a web browser and is accessible from the internet at the Instance URL through a web browser on either a mobile device or desktop/laptop computer; and

(b)one of the Virtuoso mobile apps, which facilitate interactions through a touch-based smartphone or tablet device and can be downloaded from the relevant links provided on the web app;

Virtuoso means the platform which provides educational organisations with a unified suite of configurable tools, processes and capabilities that encompass the entire education lifecycle. Virtuoso incorporates a full complement of administrative features for effectively managing organisational and stakeholder needs but its primary emphasis is on facilitating improved educational outcomes, supporting teachers and students to achieve continual, measurable, and sustainable learning gains. The platform is informed by research to ensure that it is continually able to meet the current and future needs of modern educational institutions, based on a rigorous and evidence-based foundation. For further information, please visit https://cinglevue.com/virtuoso/; and

VRL has the meaning given to that term in clause 6.3(a).

2. Access to the Demo Sandbox

2.1 From time to time, the Demo Sandbox may not be accessible or suffer service degradation.

2.2 You acknowledge that the Demo Sandbox is reset to its default state on a daily basis and any data you enter into or on the Demo Sandbox will be deleted and irretrievable.

2.3 We reserve the right to modify the Demo Sandbox (or any part thereof), either temporarily or permanently, at any time without prior notice to you. You agree that we will not be liable to you or any third party for any modification, suspension or termination of the Demo Sandbox. You acknowledge and agree that we have no obligation to provide to you the Demo Sandbox, or any part of the Demo Sandbox, now or in the future.

3. Use of the Demo Sandbox

3.1 You acknowledge and agree that you are an employee of or contractor to a school, home school, school district, private enterprise or other educational institution or organisation.

3.2 The Demo Sandbox User will use the Demo Sandbox for the sole purpose of trialling Virtuoso as a platform for learning engagement, school administration and/or document management.

3.3 The Demo Sandbox User is responsible for his/her conduct when using the Demo Sandbox and the conduct of all other persons the Demo Sandbox User allows to access or use the Demo Sandbox.

3.4 The Demo Sandbox User will not make or permit any use of the Demo Sandbox by any person if:

(a) it is beyond the limitations applicable to the Demo Sandbox;

(b) it is by any person who has not accepted these Sandbox Terms;

(c) it involves anything false, defamatory, harassing or obscene;

(d) it involves unsolicited electronic messages;

(e) it would involve the contravention of any person’s rights (including Intellectual Property Rights);v

(f) it is unlawful; or

(g) it is notified by Cinglevue as unacceptable on reasonable grounds or may otherwise be reasonably regarded by Cinglevue to be unacceptable.

3.5 The Demo Sandbox User will not:

(a) on-sell access to Virtuoso or the Demo Sandbox to any person in whole or part or in any way commercially exploit Virtuoso or the Demo Sandbox; or

(b) remove or modify any markings or notices on the Demo Sandbox of Cinglevue’s rights.

4. Privacy

You must not upload (or cause to be uploaded) any data containing Personal Information. You must comply with all applicable privacy laws as regards its collection, use and disclosure of Personal Information.

5. Confidentiality

You must not upload (or caused to be uploaded) any data containing confidential information to the Demo Sandbox.

6. Liability and indemnities

6.1 The Demo Sandbox is offered to the Demo Sandbox User on an ‘as is’ and ‘as available’ basis without any warranties of any kind.

6.2 Cinglevue’s maximum aggregate liability to the Demo Sandbox User in respect of any loss or damage (including loss of profits, loss of goodwill, loss of data and any special, indirect or consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in any way in connection with these Sandbox Terms (including in respect of goods or services supplied pursuant to these Sandbox Terms) is $10.00 AUD.

6.3 The Demo Sandbox User will at all times indemnify and hold harmless Cinglevue and its officers, employees, contractors and agents (those indemnified) from and against any loss (including legal costs and expenses and liability) incurred or suffered by any of those indemnified arising from any claims against those indemnified where such loss or liability was caused by a breach by the Demo Sandbox User of its obligations under these Sandbox Terms or any wilful, unlawful or negligent act or omission of the Demo Sandbox User.

7. Special features of Virtuoso

Artificial intelligence

7.1 The Demo Sandbox may use machine learning algorithms (ML) to analyse data generated from the use of the Demo Sandbox. ML allows Virtuoso and the Demo Sandbox to provide recommendations to the Demo Sandbox User presented via the User Interface (ML Recommendations). The Demo Sandbox User acknowledges that ML Recommendations are:

(a) generated by ML and not by any person;

(b) not checked, moderated or vetted by Cinglevue;

(c) offered ‘as is’ and without warranty; and

(d) used at the Demo Sandbox User’s own risk.

7.2 To the maximum extent permissible by law, Cinglevue disclaims all liability for damages arising from reliance on ML Recommendations by the Demo Sandbox User or any other person affiliated with the Demo Sandbox User.

Immersive experiences

7.3 The Demo Sandbox may include some functionality that allows the Demo Sandbox User to:

(a) download three-dimensional models and simulations (Immersive Experiences) as software from the Virtuoso Resource Library accessible via the User Interface (VRL); and/or

(b) develop their own Immersive Experiences using a software development kit (SDK) which can be provided by Cinglevue and, once developed, uploaded as software to the VRL.

7.4. The Demo Sandbox User downloads, uses, creates and uploads Immersive Experiences at the Demo Sandbox User’s own risk. Cinglevue is not responsible for the content of Immersive Experiences downloaded, used, created and/or uploaded in connection with Virtuoso or as developed using the SDK.

7.5. Unless otherwise noted, Immersive Experiences downloaded by Demo Sandbox Users and used in conjunction with Virtuoso are not owned by Cinglevue. Intellectual Property Rights in an Immersive Experience on the VRL may belong to the creator of the Immersive Experience or the creator’s employer. In some cases, this may be the Demo Sandbox User.

7.6. When the Demo Sandbox User or a person on behalf of the Demo Sandbox User uploads an Immersive Experience to the VRL, the Demo Sandbox User:

(a) grants to Cinglevue a perpetual, worldwide, non-exclusive, sub-licensable licence to copy and redistribute the Immersive Experience;

(b) warrants that the Demo Sandbox User is the owner of or has been granted the relevant Intellectual Property Rights in the Immersive Experience; and

(c) indemnifies Cinglevue against any claims for infringement of Intellectual Property Rights in the Immersive Experience against Cinglevue.

8. Governing law

These Sandbox Terms are governed by the laws of the State of Western Australia.

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