Version 2026-02-26

GemaSim Terms of Service

Effective Date: 26 February 2026

By accessing the GemaSim portal and clicking "I Agree," you confirm that you have read, understood, and accepted these terms. If you do not agree, you must not use the platform.

These terms are issued by GemaSim NZ Ltd ("GemaSim") and apply to all users of the GemaSim platform, including Certified Trainers, trainers in certification, and authorised users within an organisation.

1. Licence & Usage

GemaSim grants a non-exclusive, non-transferable, revocable licence to use the GemaSim platform and software for educational and leadership training purposes only. The licence covers the GemaSim portal, simulator, missions, learning cycles, and documentation. One credit covers one team (4–6 participants) for three (3) days of simulation use. The licence does not transfer ownership of the software or intellectual property.

2. Account & Security

Users must provide accurate registration details and maintain the confidentiality of their login credentials. GemaSim may suspend or terminate accounts for non-compliance with these terms.

3. Privacy & Personal Data

GemaSim collects and processes personal data in accordance with its Privacy Policy, available at gemasim.com/privacy. By using the platform, the user acknowledges and accepts the Privacy Policy. Users have the right to access, rectify, erase, restrict processing of, and port their personal data, and to object to processing, in accordance with applicable data protection law. Requests may be submitted to support@gemasim.com. Where GemaSim processes participant data on behalf of a Trainer or organisation, a Data Processing Agreement may be required. GemaSim will provide a DPA on request. In the event of a personal data breach, GemaSim will notify affected users without undue delay and in accordance with applicable law.

4. Certification & Status

Commercial use of GemaSim is permitted only once the user is Certified. Before certification, the user must not hold out as certified, market GemaSim sessions, or deliver client-facing programmes. Certification remains valid as long as the Trainer uses at least one (1) commercial credit in any rolling twelve (12) month period. If inactive for twelve (12) consecutive months, certification becomes Dormant and the Trainer may not market as certified or deliver commercially. A Dormant Trainer may reactivate by purchasing and using a credit. GemaSim may require updated training if the platform has changed materially during the Dormant period. The Trainer shall deliver in accordance with the current GemaSim Trainer Manual.

5. Intellectual Property

All rights, title, and interest in GemaSim (software, missions, graphics, manuals, observation frameworks, trademarks, logos, and related materials — "GemaSim IP") belong exclusively to GemaSim. Users acquire no ownership rights. Users may not reverse engineer, decompile, or attempt to extract the design logic of any GemaSim software or simulation. Users may not copy, share, sublicence, or resell the software or portal access. Derivative materials created by a Trainer (e.g., slides, handouts) may only be used for the Trainer's own sessions and may not be commercialised separately without written consent from GemaSim.

6. Non-Competition

Certified Trainers shall not create, assist in creating, or promote any competing behavioural simulation platform using GemaSim concepts, methodology, or task structures during their use of the platform and for twelve (12) months after cessation of use.

7. Branding

Once Certified, Trainers may use the title "GemaSim Certified Trainer" and the GemaSim logo in marketing. GemaSim may require changes to any material that misrepresents or harms the brand. Before certification, users must not use the logo or imply certification.

8. Credits

Credits may be purchased directly from GemaSim or through an Authorised Partner. Only Certified Trainers may use credits for commercial delivery. Credits used are non-refundable. If the software malfunctions, reimbursement is at GemaSim's sole discretion. Circumventing credit usage policies or using the system to avoid credit deductions is prohibited and may result in immediate termination. GemaSim may verify credit usage upon reasonable notice.

9. Confidentiality & Data Protection

Users shall keep confidential all non-public information relating to GemaSim. GemaSim IP must not be uploaded or processed with third-party tools or AI systems without written approval from GemaSim. Participant data and session outputs may not be shared or repurposed outside the agreed training scope. Users shall comply with applicable data protection regulations, including GDPR where relevant. Confidentiality obligations survive cessation of platform use for five (5) years.

10. Liability & Indemnification

The platform is provided on an "as-is" basis with no guarantees of uninterrupted service or fitness for a particular purpose. GemaSim is not liable for service interruptions, data loss, or indirect, incidental, or consequential damages. GemaSim's aggregate liability is limited to the value of credits purchased by the user in the preceding twelve (12) months. Users indemnify GemaSim from claims arising from their use of the platform or delivery of training.

11. Termination

GemaSim may suspend or terminate access immediately for breach of these terms, unauthorised sharing, reverse engineering, misuse, or circumventing credit limitations. On termination: remaining credits are forfeited, the account is closed, and the user must delete all GemaSim materials from all devices and systems. If the user's Authorised Partner's agreement with GemaSim is terminated, the user's certification and platform access continue under these Terms of Service. GemaSim will communicate directly with the Trainer regarding continued support, credit purchasing, and transitional arrangements.

12. Updates to Terms

GemaSim may update these terms from time to time. Users will be notified with thirty (30) days' notice. Continued use of the platform after that period constitutes acceptance.

13. Governing Law & Jurisdiction

These terms are governed by the laws of New Zealand. Disputes will be resolved in the courts of New Zealand.

14. Support & Contact

For support, technical assistance, or credit-related issues: welcome@gemasim.com.

Questions about these terms? Contact us

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