Terms & Conditions

Last updated — August 1 2025

1. Agreement to Terms

By accessing or using the Beyond Role Plays website, platform, or related services (collectively, the “Service”), you (“Customer,” “you,” or “User”) agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity; “you” then refers to that entity. If you do not accept these Terms, you may not access or use the Service.

2. Eligibility & Accounts

The Service is intended for business users aged 13 or older.
Each User must create an account with accurate, current information and must keep login credentials confidential. Your credentials are not to be shared. You are responsible for all activity that occurs under your account.
Beyond Role Plays may suspend or terminate accounts that violate these Terms or applicable law.

3. Subscription & Order Forms

Access to the Service is provided under an executed Order Form, Subscription Agreement, or other written contract that references these Terms (collectively, an “Order”).
If an Order conflicts with these Terms, the Order governs for the conflicting subject matter.
Fees, billing frequency, and user limits are set out in the Order; undisputed invoices are due 30 days from invoice date unless otherwise stated.

4. Licence & Acceptable Use

Licence. Beyond Role Plays grants Customer a limited, non-exclusive, non-transferable licence to access and use the Service solely for Customer’s internal training purposes during the subscription term.

Restrictions. You may not (and will not allow any third party to):

copy, modify, reverse-engineer, or create derivative works of the Service;
circumvent or disable security features;
use the Service to transmit unlawful, harassing, defamatory, or discriminatory content;
share or disclose sensitive personal data (e.g., health information, government-ID numbers) or confidential company information (e.g., trade secrets, non-public financial or customer data) when using the Service;
resell, rent, or provide the Service to unauthorised third parties.

Beyond Role Plays reserves all rights not expressly granted.

5. Customer Data & Privacy

“Customer Data” means information supplied to the Service by or for Customer, including audio streams and simulation metrics.
Processing of Customer Data is governed by the Privacy Policy and any executed Data-Processing Addendum (“DPA”).
Beyond Role Plays will process Customer Data only in accordance with the Privacy Policy and any applicable DPA.
Each party will comply with applicable privacy laws (e.g., PIPEDA, GDPR).

6. Data Hosting & Cross-Border Processing

Beyond Role Plays stores and processes personal information primarily in Canada and the United States. We may engage additional sub-processors in other jurisdictions; whenever data crosses borders we rely on recognized legal safeguards—such as Standard Contractual Clauses—and require equivalent security and confidentiality protections from every sub-processor.

7. Confidentiality

“Confidential Information” means non-public business, technical, or financial information disclosed by either party that is marked or reasonably understood as confidential. Each party will protect the other’s Confidential Information with the same care it uses for its own (and at least reasonable care) and will use it only to fulfil these Terms. Standard exclusions (public domain, independently developed, already known, or compelled disclosure) apply.

8. Intellectual Property

The Service, including all software, text, graphics, and trademarks, is the property of Beyond Role Plays or its licensors and is protected by intellectual-property laws. Customer retains ownership of Customer Data.

9. Feedback

If you provide suggestions or feedback, you grant Beyond Role Plays a perpetual, worldwide, royalty-free licence to use, modify, and incorporate that feedback without obligation.

10. Service Modifications & Beta Features

Beyond Role Plays may enhance or modify the Service at any time. Beta or preview features are offered “as is” without support and may be discontinued at Beyond Role Plays’ discretion.

11. Term, Suspension & Termination

Term. These Terms begin on the earlier of (a) your first access to the Service or (b) the effective date of the first Order, and continue until all subscriptions expire or are terminated.
Suspension. Beyond Role Plays may suspend access for material breach (including non-payment) with prior notice, unless immediate suspension is necessary to protect the Service or others.
Termination. Either party may terminate for material breach not cured within 30 days of written notice.
Effect. Upon termination, Customer’s access ceases and Beyond Role Plays will delete or return Customer Data per the Privacy Policy and any DPA. Sections 7, 8, 9, 12–15 survive termination.

12. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or error-free operation. Training simulations are for educational purposes only and do not constitute legal, HR, or professional advice.

13. Limitation of Liability

To the fullest extent allowed by law:

Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenues, or data, even if advised of the possibility.
Each party’s aggregate liability under these Terms is limited to the total fees paid or payable by Customer to Beyond Role Plays during the twelve (12) months preceding the claim.
These limits do not apply to a party’s gross negligence, wilful misconduct, or indemnification obligations in Section 14.

14. Indemnification

Customer indemnity. Customer will indemnify and hold harmless Beyond Role Plays and its officers, directors, employees, contractors, and agents (“Beyond Role Plays Team Members”) from any third-party claims arising out of (a) Customer’s breach of Sections 4 or 5; or (b) Customer’s use of the Service in violation of law.
Beyond Role Plays indemnity. Beyond Role Plays will indemnify Customer against third-party claims alleging that the unmodified Service directly infringes a Canadian or United States patent, registered trademark, or copyright. Beyond Role Plays’ obligations do not apply to claims arising from: (i) Customer Data; (ii) use of the Service in combination with items not provided by Beyond Role Plays; or (iii) modification of the Service by anyone other than Beyond Role Plays.

15. Dispute Resolution & Arbitration

Good-Faith Negotiation. The parties will first attempt to resolve any dispute through good-faith discussions.
Binding Arbitration. If a dispute is not resolved within 30 days, it will be finally settled by binding arbitration under the ADR Chambers Expedited Arbitration Rules. The seat of arbitration is Toronto, Ontario, Canada; the language is English. No class or representative actions are permitted; each dispute will be resolved on an individual basis.
Court Relief. Either party may seek injunctive or equitable relief in court for misuse of intellectual property or breach of confidentiality.
Governing Law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

16. Changes to These Terms

Beyond Role Plays may update these Terms from time to time. We will give at least 30 days notice (email or in-app) before material changes take effect. Continued use after the effective date constitutes acceptance of the revised Terms.

17. Contact

Beyond the Sky Custom Learning Inc.
Attn: Legal / Terms Queries
Toronto, Ontario, Canada
legal@beyondthesky.ca

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Beyond Role Plays™ are proprietary. All rights reserved.