PUBLIC OFFER (TERMS OF SERVICE)
AI SIMULATION, PROFILING, RECORDING, DATA PROCESSING
Effective Date: the date of Acceptance by the Client
Executed electronically; remote acceptance permitted
Provider / Contractor: ECU Limited, Unit B, 11/F Yam Tze Comm Bldg, 23 Thomson Rd, Wan Chai, Hong Kong, Cert No. 76667088 (the “Provider”, “ECU”, “we”, “us”).
Contact email: ecu.education.manager@gmail.com
Language: This English version prevails.
A Russian or Ukrainian versions may be provided for convenience only.
1. Scope; Offer; Acceptance
1.1. This Public Offer (the “Offer”) sets out the terms under which the Provider offers informational and consulting services delivered as an AI-based simulation and training-related assessment with profiling and analytics (the “Simulation Services”) to individuals (the “Client”, “you”).
1.2. Acceptance / Agreement formation. You accept this Offer and enter into a legally binding agreement with the Provider (the “Agreement”) by any of the following actions (each constitutes “Acceptance”):
(a) clicking “I agree/Accept” (or equivalent) on a website/LMS/form; and/or
(b) submitting a form, questionnaire, audio/video response, or any input to start/continue the Simulation Services; and/or
(c) booking or attending any call/session related to the Simulation Services; and/or
(d) paying any fee shown on a checkout page and/or invoice.
1.3. Age & capacity. You confirm you are at least 18 years old and have full legal capacity to accept this Offer.
1.4. Electronic signatures and records. Electronic acceptance, electronic signatures, and electronic records/exchanges (including PDF) are legally binding.
1.5. No “education” relationship. The Simulation Services are delivered as informational and training-related services and do not create an educational institution–student relationship.
2. Definitions
2.1. “Platform” means any website, LMS, CRM, messenger, scheduling tool, video conferencing environment, storage, analytics or any other system provided or designated by the Provider.
2.2. “Client Data” means any data relating to you and/or provided by you or generated in connection with the Simulation Services, including personal data, communications, answers, assignments, feedback, identifiers, and payment-related records (if any).
2.3. “Session” means any live or recorded interaction delivered by the Provider (or its team members) to you via Provider-designated tools and/or the Platform, including calls, interviews, onboarding/clarification calls, and any related communications within official channels.
2.4. “Session Data” means any content and metadata related to Sessions, including audio/video, screen, chat, participant lists, transcripts, summaries, notes, timestamps and logs.
2.5. “Derived Data” means any data created from Client Data / Session Data, including transcripts, summaries, tags, embeddings, scores, classifications, profiles, analytics outputs, and benchmarking indicators.
2.6. “AI Systems” means any machine learning, statistical, automated, or generative AI tools used for processing, analysis, creation, or improvement of Derived Data and related outputs.
2.7. “Scoring” means systematic classification, benchmarking indicators, tagging and/or “traffic-light” ratings used for personalisation, matching, risk management and quality assurance. For avoidance of doubt, Scoring under this Agreement is not credit scoring or banking-style financial assessment.
2.8. “Sensitive Data / Special Category Data” means any data that may be treated as sensitive, special category, highly sensitive or similar under applicable law, including (without limitation): data revealing mental or psychological state; behavioural patterns; assessments/evaluations/scoring/benchmarking indicators or profiling outputs; health-related data (if any); biometric-type data (including voiceprints and facial templates) where applicable; data revealing philosophical, religious, political or other worldview beliefs; and data about a person’s intimate life or sexuality.
2.9. “Provider Materials” means any non-public materials, methodologies, scripts, prompts, prompt libraries, analytics definitions, scoring schemas, exercises, frameworks, decks, recordings, visual styles, UI/UX, and other content provided by the Provider.
3. Simulation Services; No Guarantee; Non-Medical Nature
3.1. The Provider may offer you, as part of the Simulation Services:
(a) an AI-based simulation (questionnaires, exercises, interactive dialogs, scenario tasks, practice simulations);
(b) automated or semi-automated analysis, Scoring, profiling, and recommendations;
(c) optional follow-up communications; and
(d) at the Provider’s discretion, an invitation to a live Session (e.g., a clarification/interview call).
3.2. No guarantee. No guarantee is provided that you will be invited to any additional paid services, programs, or long-term engagements.
3.3. Non-medical. The Simulation Services are informational and are not medical, psychiatric, psychological or psychotherapeutic services. No diagnosis, treatment, prescriptions, or medication recommendations are provided.
3.4. AI limitations. AI-based outputs may be inaccurate, incomplete, or context-limited. You use any outputs at your own discretion and risk.
4. Recording, Monitoring, Analytics, Profiling, and AI Rights
4.1. Recording & monitoring. You acknowledge and agree that the Provider may record and monitor Sessions conducted through or in connection with the Platform (audio, video, screen, chat) and may generate transcripts, summaries and other Derived Data.
4.2. Recording as a condition of certain Sessions. If you are invited to a live Session/call, recording (audio/video/screen/chat) may be required as a condition of participation for internal quality assurance, supervision, safety, dispute resolution, and compliance.
If you do not consent to recording, the Provider may (at its discretion) offer an alternative asynchronous format or decline to conduct the Session.
4.3. Internal purposes (including team quality evaluation). You explicitly consent that recordings and Derived Data may be used internally for: quality assurance, supervision, training and onboarding of team members, performance evaluation of service delivery, dispute resolution, security, fraud prevention, safety, compliance, and improvement of the Simulation Services and AI Systems.
4.4. AI processing. The Provider may use AI Systems and other automated tools to process Client Data and Session Data for purposes including: quality assurance, safety, compliance, fraud prevention, supervision, training and onboarding, improvement of methodology, product improvement, research and statistics, personalisation, and performance evaluation of internal delivery.
4.5. Consent to profiling & Scoring. To the maximum extent permitted by law, you explicitly consent that the Provider may create performance-related, behavioural and psychological profiles including assessments and benchmarking indicators based on Client Data and Session Data (including voice patterns and quality indicators) and may calculate metrics automatically.
4.6. Human review / No solely automated materially adverse decisions. Automated outputs are used primarily for personalisation and internal QA. Any materially adverse decision that significantly affects you (e.g., refusal to proceed due to suspected fraud/compliance risk) shall not be based solely on automated processing where applicable law requires human review; reasonable requests for clarification may be reviewed by a human to the extent required by law.
4.7. Client Content License; Right to Create and Use Derived Data; AI Model Improvement
4.7.1. License grant (maximum rights, worldwide, royalty-free). To the maximum extent permitted by applicable law, you grant the Provider a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to collect, store, host, copy, reproduce, record, transmit, display (internally and, if you separately opt in, for marketing), process, adapt, translate, create derivative works from, and otherwise use your Client Data and Session Data, and to generate and use Derived Data, for the purposes described in this Agreement.
4.7.2. Explicit AI improvement rights. Without limiting the above, you explicitly authorise the Provider to use Client Data, Session Data and Derived Data for the development, training, fine-tuning, validation, evaluation, benchmarking, and improvement of the Provider’s AI Systems, analytics, scoring schemas, and related models, tools and methods, to the maximum extent permitted by law.
4.7.3. Embeddings & analytic artefacts. You acknowledge and agree that the Provider may create and store embeddings, tags, classifications, scoring outputs, profiles, and other analytic artefacts as Derived Data.
4.7.4. De-identification where feasible; identifiable processing where needed. Where technically feasible and appropriate, the Provider may use de-identified or aggregated data for research and AI/model improvement; however, you acknowledge certain QA, safety, compliance and fraud-prevention purposes may require processing in identifiable or pseudonymous form.
4.8. Voice/Image Processing; No Public Impersonation Without Separate Consent
4.8.1. If you enable microphone/camera or provide audio/video, you acknowledge the Provider may process your voice and image as part of Session Data and may derive technical features (e.g., quality indicators and behavioural markers) for QA, safety and analytics.
4.8.2. The Provider shall not publicly impersonate you or publish synthetic media portraying you (e.g., public voice cloning / deepfakes for public marketing) without your separate explicit marketing opt-in (Section 6) or where otherwise required/permitted by law.
4.9. Ownership of Derived Data
All Derived Data and outputs generated from Client Data / Session Data are owned by the Provider to the maximum extent permitted by law.
5. Data Processing, Security, Vendors, Cross-Border Transfers, Retention
5.1. Compliance. The Provider processes personal data in accordance with the Hong Kong Personal Data (Privacy) Ordinance (PDPO) and other applicable data protection laws depending on your location and the nature of processing.
5.2. Explicit consent for Sensitive Data / Special Category Data. If your inputs contain or imply Sensitive Data / Special Category Data, you explicitly consent to such processing for the purposes described in this Agreement. You may choose not to provide Sensitive Data; however, this may limit the usefulness of the Simulation Services or prevent participation in some components.
5.3. Vendors & international transfers (sublicensing to processors). You acknowledge and agree that the Provider may engage third-party service providers (including cloud hosting, communications, analytics, transcription and AI vendors) to process Client Data, Session Data and/or Derived Data and may transfer such data internationally for the purposes described in this Agreement, subject to appropriate contractual safeguards and the Provider’s internal policies. You authorise the Provider to sublicense the necessary rights to such vendors strictly for these purposes.
5.4. Security measures; incident response. The Provider will implement reasonable technical and organisational measures to protect confidentiality, integrity, and availability of Client Data and Session Data. If a security incident occurs, the Provider will take reasonable steps to investigate, mitigate, and notify you where required by law.
5.5. Retention. Client Data and Session Data may be stored for as long as necessary for the Provider’s legitimate business purposes, the purposes described in this Agreement, and compliance with applicable law. The Provider may create anonymised/de-identified data and retain and use such data indefinitely for research, statistics, and improvement of AI Systems, provided that such data is irreversibly anonymised where technically feasible. Session recordings may be retained for as long as reasonably necessary for quality control, dispute resolution, safety, compliance, and internal improvement purposes.
5.6. Your requests. You may request access/correction (and other rights where applicable) by emailing ecu.education.manager@gmail.com. Some deletion/withdrawal requests may be limited where data is required for legal compliance, dispute resolution, fraud prevention, security, or where it has been irreversibly anonymised or incorporated into aggregated analytics/models in a non-identifiable way.
6. OPTIONAL Marketing License (Separate Opt-In); Opt-Out / Withdrawal (Prospective Only)
6.1. Separate opt-in required. Marketing use is optional and requires your separate explicit opt-in (e.g., a separate checkbox or a separate written consent). If you do not opt in, the Provider may still use your data strictly for the internal and service purposes described in Sections 4–5.
6.2. Marketing license scope (if you opt in). If you opt in, you grant the Provider a non-exclusive, royalty-free, worldwide, transferable and sublicensable licence to use your name, image, voice, testimonials, excerpts of recordings, and non-sensitive outputs derived from the Simulation Services for the Provider’s marketing and promotional purposes, including public communication and sublicensing to service providers (e.g., hosting, editing, distribution, analytics), to the maximum extent permitted by law.
6.3. No obligation to use. The Provider is not obliged to use any marketing materials even if you opt in.
6.4. Opt-out / Withdrawal is prospective only. You may withdraw marketing consent at any time by emailing ecu.education.manager@gmail.com. Withdrawal applies prospectively only and does not require removal of materials already released/published, unless required by applicable law.
6.5. Sensitive Data excluded from marketing. The Provider will not knowingly use Sensitive Data / Special Category Data for marketing without a separate explicit consent clearly stating such use.
7. Client Inputs; Third-Party Data; Acceptable Use
7.1. Accuracy. You agree to provide accurate information to the extent reasonably possible.
7.2. No third-party personal data without rights. You shall not upload personal data of third parties (including your own clients, colleagues, family, or any other individuals) unless you have a lawful basis and documented consent to do so. The Provider may delete or ignore such data.
7.3. No misuse / no interference. You shall not:
(a) attempt to reverse engineer, scrape, or systematically extract Provider Materials or Platform data;
(b) bypass access controls;
(c) use bots to interfere with the Platform;
(d) upload malware or attempt unauthorised access.
8. Intellectual Property; Provider Materials; Restrictions
8.1. Provider Materials ownership. All Provider Materials are and remain the Provider’s property (or its licensors’ property).
8.2. Limited license to you (personal use only). Subject to your compliance, you receive a limited, non-transferable, non-sublicensable, revocable licence to access Provider Materials solely for your personal use within the Simulation Services.
8.3. No copying / no redistribution / no competing programs. You must not copy, download, record, distribute, sell, publicly share, or create derivative works from Provider Materials, nor create or help create similar or competing scalable programs/products using Provider Materials, Derived Data, or outputs.
8.4. Liquidated damages; injunctive relief; additional remedies (not limiting). If you breach Section 8.3, you agree the Provider may seek injunctive relief and you shall pay USD 20,000 as liquidated damages per incident (not a penalty), as a genuine pre-estimate of losses (including methodology value, remediation costs, and reputational harm), to the maximum extent permitted by law.
If liquidated damages are held unenforceable in a particular jurisdiction, the Provider may instead seek the maximum monetary and equitable remedies available under applicable law, including actual damages and injunctive relief (and this does not reduce the Provider’s rights).
9. Confidentiality
9.1. Provider confidentiality. You shall keep Provider Materials and non-public information about the Provider’s methodology, prompts, scoring, analytics and internal processes confidential and use them only for receiving the Simulation Services.
9.2. Client confidentiality. The Provider will treat your non-public personal data as confidential, subject to Sections 4–6 (recording/AI/marketing opt-in), vendor processing, legal obligations, and the purposes described in this Agreement.
10. Fees (If Applicable)
10.1. Fees (if any) are indicated on the checkout page and/or invoice and are payable as specified there. Payment is deemed made when funds are credited to the Provider.
10.2. Unless mandatory consumer rules apply, fees for completed Simulation Services are non-refundable.
11. Limitation of Liability
11.1. To the maximum extent permitted by law, the Provider’s aggregate liability under this Agreement shall not exceed the amount actually paid by you for the Simulation Services (if any) during the three (3) months preceding the event giving rise to liability.
11.2. The Provider shall not be liable for indirect, consequential, punitive damages, loss of profits, goodwill or data, except where prohibited by law.
11.3. You acknowledge that the Simulation Services and AI outputs are informational and may not fit every context.
12. Term; Suspension; Termination
12.1. This Agreement starts upon Acceptance and remains effective until the Simulation Services are completed, unless terminated earlier.
12.2. The Provider may suspend or terminate access if you breach this Agreement, misuse the Platform, or create security/compliance risks.
12.3. Sections 4–9, 11–14 survive termination to the extent necessary.
13. Governing Law; Dispute Resolution; Language
13.1. Governing law: Hong Kong.
13.2. Arbitration: HKIAC (Hong Kong). Language: English.
13.3. Language: English prevails.
14. Notices; Updates; Entire Agreement; Severability
14.1. Notices via email and/or the Platform are deemed delivered upon sending with system confirmation.
14.2. Updates. The Provider may update this Offer by publishing a new version with a new effective date. The new version applies prospectively; your continued use after the effective date constitutes acceptance.
14.3. Entire Agreement. This Offer (including any referenced policies and any separate marketing opt-in, if provided) constitutes the entire agreement regarding the Simulation Services and supersedes prior understandings on the same subject.
14.4. Severability. If any provision is held invalid/unenforceable (in whole or in part), it shall be enforced to the maximum extent permissible; the unenforceable part shall be severed; the remainder remains in effect.
AI SIMULATION, PROFILING, RECORDING, DATA PROCESSING
Effective Date: the date of Acceptance by the Client
Executed electronically; remote acceptance permitted
Provider / Contractor: ECU Limited, Unit B, 11/F Yam Tze Comm Bldg, 23 Thomson Rd, Wan Chai, Hong Kong, Cert No. 76667088 (the “Provider”, “ECU”, “we”, “us”).
Contact email: ecu.education.manager@gmail.com
Language: This English version prevails.
A Russian or Ukrainian versions may be provided for convenience only.
1. Scope; Offer; Acceptance
1.1. This Public Offer (the “Offer”) sets out the terms under which the Provider offers informational and consulting services delivered as an AI-based simulation and training-related assessment with profiling and analytics (the “Simulation Services”) to individuals (the “Client”, “you”).
1.2. Acceptance / Agreement formation. You accept this Offer and enter into a legally binding agreement with the Provider (the “Agreement”) by any of the following actions (each constitutes “Acceptance”):
(a) clicking “I agree/Accept” (or equivalent) on a website/LMS/form; and/or
(b) submitting a form, questionnaire, audio/video response, or any input to start/continue the Simulation Services; and/or
(c) booking or attending any call/session related to the Simulation Services; and/or
(d) paying any fee shown on a checkout page and/or invoice.
1.3. Age & capacity. You confirm you are at least 18 years old and have full legal capacity to accept this Offer.
1.4. Electronic signatures and records. Electronic acceptance, electronic signatures, and electronic records/exchanges (including PDF) are legally binding.
1.5. No “education” relationship. The Simulation Services are delivered as informational and training-related services and do not create an educational institution–student relationship.
2. Definitions
2.1. “Platform” means any website, LMS, CRM, messenger, scheduling tool, video conferencing environment, storage, analytics or any other system provided or designated by the Provider.
2.2. “Client Data” means any data relating to you and/or provided by you or generated in connection with the Simulation Services, including personal data, communications, answers, assignments, feedback, identifiers, and payment-related records (if any).
2.3. “Session” means any live or recorded interaction delivered by the Provider (or its team members) to you via Provider-designated tools and/or the Platform, including calls, interviews, onboarding/clarification calls, and any related communications within official channels.
2.4. “Session Data” means any content and metadata related to Sessions, including audio/video, screen, chat, participant lists, transcripts, summaries, notes, timestamps and logs.
2.5. “Derived Data” means any data created from Client Data / Session Data, including transcripts, summaries, tags, embeddings, scores, classifications, profiles, analytics outputs, and benchmarking indicators.
2.6. “AI Systems” means any machine learning, statistical, automated, or generative AI tools used for processing, analysis, creation, or improvement of Derived Data and related outputs.
2.7. “Scoring” means systematic classification, benchmarking indicators, tagging and/or “traffic-light” ratings used for personalisation, matching, risk management and quality assurance. For avoidance of doubt, Scoring under this Agreement is not credit scoring or banking-style financial assessment.
2.8. “Sensitive Data / Special Category Data” means any data that may be treated as sensitive, special category, highly sensitive or similar under applicable law, including (without limitation): data revealing mental or psychological state; behavioural patterns; assessments/evaluations/scoring/benchmarking indicators or profiling outputs; health-related data (if any); biometric-type data (including voiceprints and facial templates) where applicable; data revealing philosophical, religious, political or other worldview beliefs; and data about a person’s intimate life or sexuality.
2.9. “Provider Materials” means any non-public materials, methodologies, scripts, prompts, prompt libraries, analytics definitions, scoring schemas, exercises, frameworks, decks, recordings, visual styles, UI/UX, and other content provided by the Provider.
3. Simulation Services; No Guarantee; Non-Medical Nature
3.1. The Provider may offer you, as part of the Simulation Services:
(a) an AI-based simulation (questionnaires, exercises, interactive dialogs, scenario tasks, practice simulations);
(b) automated or semi-automated analysis, Scoring, profiling, and recommendations;
(c) optional follow-up communications; and
(d) at the Provider’s discretion, an invitation to a live Session (e.g., a clarification/interview call).
3.2. No guarantee. No guarantee is provided that you will be invited to any additional paid services, programs, or long-term engagements.
3.3. Non-medical. The Simulation Services are informational and are not medical, psychiatric, psychological or psychotherapeutic services. No diagnosis, treatment, prescriptions, or medication recommendations are provided.
3.4. AI limitations. AI-based outputs may be inaccurate, incomplete, or context-limited. You use any outputs at your own discretion and risk.
4. Recording, Monitoring, Analytics, Profiling, and AI Rights
4.1. Recording & monitoring. You acknowledge and agree that the Provider may record and monitor Sessions conducted through or in connection with the Platform (audio, video, screen, chat) and may generate transcripts, summaries and other Derived Data.
4.2. Recording as a condition of certain Sessions. If you are invited to a live Session/call, recording (audio/video/screen/chat) may be required as a condition of participation for internal quality assurance, supervision, safety, dispute resolution, and compliance.
If you do not consent to recording, the Provider may (at its discretion) offer an alternative asynchronous format or decline to conduct the Session.
4.3. Internal purposes (including team quality evaluation). You explicitly consent that recordings and Derived Data may be used internally for: quality assurance, supervision, training and onboarding of team members, performance evaluation of service delivery, dispute resolution, security, fraud prevention, safety, compliance, and improvement of the Simulation Services and AI Systems.
4.4. AI processing. The Provider may use AI Systems and other automated tools to process Client Data and Session Data for purposes including: quality assurance, safety, compliance, fraud prevention, supervision, training and onboarding, improvement of methodology, product improvement, research and statistics, personalisation, and performance evaluation of internal delivery.
4.5. Consent to profiling & Scoring. To the maximum extent permitted by law, you explicitly consent that the Provider may create performance-related, behavioural and psychological profiles including assessments and benchmarking indicators based on Client Data and Session Data (including voice patterns and quality indicators) and may calculate metrics automatically.
4.6. Human review / No solely automated materially adverse decisions. Automated outputs are used primarily for personalisation and internal QA. Any materially adverse decision that significantly affects you (e.g., refusal to proceed due to suspected fraud/compliance risk) shall not be based solely on automated processing where applicable law requires human review; reasonable requests for clarification may be reviewed by a human to the extent required by law.
4.7. Client Content License; Right to Create and Use Derived Data; AI Model Improvement
4.7.1. License grant (maximum rights, worldwide, royalty-free). To the maximum extent permitted by applicable law, you grant the Provider a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to collect, store, host, copy, reproduce, record, transmit, display (internally and, if you separately opt in, for marketing), process, adapt, translate, create derivative works from, and otherwise use your Client Data and Session Data, and to generate and use Derived Data, for the purposes described in this Agreement.
4.7.2. Explicit AI improvement rights. Without limiting the above, you explicitly authorise the Provider to use Client Data, Session Data and Derived Data for the development, training, fine-tuning, validation, evaluation, benchmarking, and improvement of the Provider’s AI Systems, analytics, scoring schemas, and related models, tools and methods, to the maximum extent permitted by law.
4.7.3. Embeddings & analytic artefacts. You acknowledge and agree that the Provider may create and store embeddings, tags, classifications, scoring outputs, profiles, and other analytic artefacts as Derived Data.
4.7.4. De-identification where feasible; identifiable processing where needed. Where technically feasible and appropriate, the Provider may use de-identified or aggregated data for research and AI/model improvement; however, you acknowledge certain QA, safety, compliance and fraud-prevention purposes may require processing in identifiable or pseudonymous form.
4.8. Voice/Image Processing; No Public Impersonation Without Separate Consent
4.8.1. If you enable microphone/camera or provide audio/video, you acknowledge the Provider may process your voice and image as part of Session Data and may derive technical features (e.g., quality indicators and behavioural markers) for QA, safety and analytics.
4.8.2. The Provider shall not publicly impersonate you or publish synthetic media portraying you (e.g., public voice cloning / deepfakes for public marketing) without your separate explicit marketing opt-in (Section 6) or where otherwise required/permitted by law.
4.9. Ownership of Derived Data
All Derived Data and outputs generated from Client Data / Session Data are owned by the Provider to the maximum extent permitted by law.
5. Data Processing, Security, Vendors, Cross-Border Transfers, Retention
5.1. Compliance. The Provider processes personal data in accordance with the Hong Kong Personal Data (Privacy) Ordinance (PDPO) and other applicable data protection laws depending on your location and the nature of processing.
5.2. Explicit consent for Sensitive Data / Special Category Data. If your inputs contain or imply Sensitive Data / Special Category Data, you explicitly consent to such processing for the purposes described in this Agreement. You may choose not to provide Sensitive Data; however, this may limit the usefulness of the Simulation Services or prevent participation in some components.
5.3. Vendors & international transfers (sublicensing to processors). You acknowledge and agree that the Provider may engage third-party service providers (including cloud hosting, communications, analytics, transcription and AI vendors) to process Client Data, Session Data and/or Derived Data and may transfer such data internationally for the purposes described in this Agreement, subject to appropriate contractual safeguards and the Provider’s internal policies. You authorise the Provider to sublicense the necessary rights to such vendors strictly for these purposes.
5.4. Security measures; incident response. The Provider will implement reasonable technical and organisational measures to protect confidentiality, integrity, and availability of Client Data and Session Data. If a security incident occurs, the Provider will take reasonable steps to investigate, mitigate, and notify you where required by law.
5.5. Retention. Client Data and Session Data may be stored for as long as necessary for the Provider’s legitimate business purposes, the purposes described in this Agreement, and compliance with applicable law. The Provider may create anonymised/de-identified data and retain and use such data indefinitely for research, statistics, and improvement of AI Systems, provided that such data is irreversibly anonymised where technically feasible. Session recordings may be retained for as long as reasonably necessary for quality control, dispute resolution, safety, compliance, and internal improvement purposes.
5.6. Your requests. You may request access/correction (and other rights where applicable) by emailing ecu.education.manager@gmail.com. Some deletion/withdrawal requests may be limited where data is required for legal compliance, dispute resolution, fraud prevention, security, or where it has been irreversibly anonymised or incorporated into aggregated analytics/models in a non-identifiable way.
6. OPTIONAL Marketing License (Separate Opt-In); Opt-Out / Withdrawal (Prospective Only)
6.1. Separate opt-in required. Marketing use is optional and requires your separate explicit opt-in (e.g., a separate checkbox or a separate written consent). If you do not opt in, the Provider may still use your data strictly for the internal and service purposes described in Sections 4–5.
6.2. Marketing license scope (if you opt in). If you opt in, you grant the Provider a non-exclusive, royalty-free, worldwide, transferable and sublicensable licence to use your name, image, voice, testimonials, excerpts of recordings, and non-sensitive outputs derived from the Simulation Services for the Provider’s marketing and promotional purposes, including public communication and sublicensing to service providers (e.g., hosting, editing, distribution, analytics), to the maximum extent permitted by law.
6.3. No obligation to use. The Provider is not obliged to use any marketing materials even if you opt in.
6.4. Opt-out / Withdrawal is prospective only. You may withdraw marketing consent at any time by emailing ecu.education.manager@gmail.com. Withdrawal applies prospectively only and does not require removal of materials already released/published, unless required by applicable law.
6.5. Sensitive Data excluded from marketing. The Provider will not knowingly use Sensitive Data / Special Category Data for marketing without a separate explicit consent clearly stating such use.
7. Client Inputs; Third-Party Data; Acceptable Use
7.1. Accuracy. You agree to provide accurate information to the extent reasonably possible.
7.2. No third-party personal data without rights. You shall not upload personal data of third parties (including your own clients, colleagues, family, or any other individuals) unless you have a lawful basis and documented consent to do so. The Provider may delete or ignore such data.
7.3. No misuse / no interference. You shall not:
(a) attempt to reverse engineer, scrape, or systematically extract Provider Materials or Platform data;
(b) bypass access controls;
(c) use bots to interfere with the Platform;
(d) upload malware or attempt unauthorised access.
8. Intellectual Property; Provider Materials; Restrictions
8.1. Provider Materials ownership. All Provider Materials are and remain the Provider’s property (or its licensors’ property).
8.2. Limited license to you (personal use only). Subject to your compliance, you receive a limited, non-transferable, non-sublicensable, revocable licence to access Provider Materials solely for your personal use within the Simulation Services.
8.3. No copying / no redistribution / no competing programs. You must not copy, download, record, distribute, sell, publicly share, or create derivative works from Provider Materials, nor create or help create similar or competing scalable programs/products using Provider Materials, Derived Data, or outputs.
8.4. Liquidated damages; injunctive relief; additional remedies (not limiting). If you breach Section 8.3, you agree the Provider may seek injunctive relief and you shall pay USD 20,000 as liquidated damages per incident (not a penalty), as a genuine pre-estimate of losses (including methodology value, remediation costs, and reputational harm), to the maximum extent permitted by law.
If liquidated damages are held unenforceable in a particular jurisdiction, the Provider may instead seek the maximum monetary and equitable remedies available under applicable law, including actual damages and injunctive relief (and this does not reduce the Provider’s rights).
9. Confidentiality
9.1. Provider confidentiality. You shall keep Provider Materials and non-public information about the Provider’s methodology, prompts, scoring, analytics and internal processes confidential and use them only for receiving the Simulation Services.
9.2. Client confidentiality. The Provider will treat your non-public personal data as confidential, subject to Sections 4–6 (recording/AI/marketing opt-in), vendor processing, legal obligations, and the purposes described in this Agreement.
10. Fees (If Applicable)
10.1. Fees (if any) are indicated on the checkout page and/or invoice and are payable as specified there. Payment is deemed made when funds are credited to the Provider.
10.2. Unless mandatory consumer rules apply, fees for completed Simulation Services are non-refundable.
11. Limitation of Liability
11.1. To the maximum extent permitted by law, the Provider’s aggregate liability under this Agreement shall not exceed the amount actually paid by you for the Simulation Services (if any) during the three (3) months preceding the event giving rise to liability.
11.2. The Provider shall not be liable for indirect, consequential, punitive damages, loss of profits, goodwill or data, except where prohibited by law.
11.3. You acknowledge that the Simulation Services and AI outputs are informational and may not fit every context.
12. Term; Suspension; Termination
12.1. This Agreement starts upon Acceptance and remains effective until the Simulation Services are completed, unless terminated earlier.
12.2. The Provider may suspend or terminate access if you breach this Agreement, misuse the Platform, or create security/compliance risks.
12.3. Sections 4–9, 11–14 survive termination to the extent necessary.
13. Governing Law; Dispute Resolution; Language
13.1. Governing law: Hong Kong.
13.2. Arbitration: HKIAC (Hong Kong). Language: English.
13.3. Language: English prevails.
14. Notices; Updates; Entire Agreement; Severability
14.1. Notices via email and/or the Platform are deemed delivered upon sending with system confirmation.
14.2. Updates. The Provider may update this Offer by publishing a new version with a new effective date. The new version applies prospectively; your continued use after the effective date constitutes acceptance.
14.3. Entire Agreement. This Offer (including any referenced policies and any separate marketing opt-in, if provided) constitutes the entire agreement regarding the Simulation Services and supersedes prior understandings on the same subject.
14.4. Severability. If any provision is held invalid/unenforceable (in whole or in part), it shall be enforced to the maximum extent permissible; the unenforceable part shall be severed; the remainder remains in effect.
