Document one
Terms of service
The agreement that governs your use of n-aible and n-gage, including how your case is handled, protected and kept confidential.
1
Who we are and acceptance
These Terms of Service (the “Terms”) govern access to and use of the n-aible platform, including n-gage and any related websites, applications and support (together, the “Services”), provided by [n-aible legal entity name], a company registered at [registered address] (“n-aible”, “we”, “us”).
By creating an account, uploading material, or otherwise using the Services, you agree to these Terms. If you accept on behalf of a university, school or other organisation (the “Customer”), you confirm that you have authority to bind it. Where the Customer has signed an order form or institutional agreement with us, that agreement prevails over these Terms to the extent of any conflict.
2
Definitions
2.1Case Material means any business case, teaching note, exhibit, dataset, slide, document or other content that you or your Authorised Users upload to or create in the Services.
2.2Simulation means the interactive, AI-driven learning experience generated from Case Material, including scenarios, stakeholder personas, decision points, branching paths, scoring and feedback.
2.3Cohort means a group of learners that an Instructor creates and invites to one or more Simulations.
2.4Instructor means a professor, lecturer, trainer or other educator who configures and assigns Simulations. Learner means a student or participant invited to a Cohort. Instructors and Learners are Authorised Users.
2.5Learner Inputs means the responses, decisions, messages and other content a Learner submits during a Simulation. Outputs means content generated by the Services in response to Case Material or Learner Inputs.
2.6Confidential Information has the meaning given in section 7.
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The Services
3.1n-aible provides a platform that transforms Case Material into Simulations, so that Learners experience a case by taking positions, making decisions and seeing their consequences, rather than only reading it.
3.2The Services may present Case Material through gamified elements, including turns, roles, stakeholder personas, progress indicators, scores, scorecards and outcome analytics. You acknowledge and agree that Case Material will be adapted, restructured and presented in this way in order to deliver the Services.
3.3Instructors control how a Simulation is configured, including the stakeholder, number of turns, difficulty and Cohort membership. Learners participate in Simulations assigned to them.
3.4Some features may be labelled alpha, beta or preview. These are offered to help us improve the Services, may change, and are provided without the service commitments that apply to generally available features.
4
Ownership of your Case Material
Core commitment4.1You, or the Customer, retain all right, title and interest, including all intellectual property rights, in and to your Case Material. Nothing in these Terms transfers ownership of any Case Material to n-aible.
4.2As between you and n-aible, Simulations and Outputs generated from your Case Material belong to you or the Customer and are treated as Case Material for the purposes of these Terms.
4.3n-aible retains ownership of the Services, including the software, platform, interfaces, simulation engine, templates and general know-how, provided that none of these contain or are derived from your Case Material.
4.4You confirm that you own the Case Material or hold the rights needed to upload it and to use it in the Services, including any licence from a case publisher, and that doing so does not infringe the rights of any third party.
5
The limited licence you give us
5.1You grant n-aible a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, analyse, adapt, transform, gamify and display your Case Material solely as necessary to provide the Services to you and your Authorised Users, including to generate Simulations, stakeholder dialogue, decision paths, feedback and analytics.
5.2This licence is limited to providing the Services to you. It may not be used for any other purpose, and it may only be extended to sub-processors acting on our documented instructions and bound by obligations at least as protective as these Terms.
5.3The licence ends when the relevant Case Material is deleted or these Terms terminate, subject only to the backup retention period in section 14.
6
What we will never do with your case
Core commitmentn-aible will not, and will ensure that its personnel and sub-processors do not:
6.1use your Case Material, Simulations, Learner Inputs or Outputs to train, fine-tune, evaluate or otherwise improve any artificial intelligence or machine learning model, whether our own or a third party’s;
6.2share, disclose, sell, license or otherwise make your Case Material or Simulations available to any other user, Instructor, institution or third party;
6.3include your Case Material or Simulations in any library, catalogue, template or offering made available to anyone other than you and your Authorised Users, without your prior written consent;
6.4use your Case Material for marketing, benchmarking or publicity without your prior written consent; or
6.5access your Case Material except as necessary to provide the Services, to give support you request, to maintain security, or to comply with law.
We only engage AI model providers under contractual terms that prohibit them from using your Case Material or Learner Inputs to train their models. These commitments apply for as long as we hold your Case Material and cannot be reduced by any later change to these Terms without your written consent.
7
Confidentiality and non-disclosure
Core commitment7.1Your Case Material, Simulations and Learner Inputs are your Confidential Information. Non-public information about the Services that we share with you is our Confidential Information.
7.2Each party, as recipient, will hold the other’s Confidential Information in strict confidence, use it only to perform or receive the Services, protect it with at least the degree of care it uses for its own confidential information and no less than reasonable care, and disclose it only to personnel and sub-processors who need to know it and are bound by written confidentiality obligations at least as protective as this section.
7.3These obligations do not apply to information that is or becomes public through no fault of the recipient, was lawfully known to the recipient before disclosure, is independently developed without use of the other’s information, or is received from a third party without restriction.
7.4If the recipient is required by law or court order to disclose Confidential Information, it will, where legally permitted, give prompt notice, disclose only what is legally required and cooperate with efforts to obtain protective treatment.
7.5This section constitutes a binding non-disclosure agreement between you and n-aible. It survives termination for five years and, in respect of Case Material, for as long as we hold it. If you have signed a separate non-disclosure agreement with us, whichever provision is more protective of your Case Material applies.
8
Security
8.1We protect Case Material with administrative, technical and physical safeguards appropriate to its sensitivity, including encryption in transit and at rest, access controls that scope each case to the Cohort you create, least-privilege access for our personnel, and activity logging.
8.2If we become aware of unauthorised access to your Case Material or personal data, we will notify you without undue delay and in any event within 72 hours, and will provide the information reasonably available to help you respond.
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Accounts and Authorised Users
9.1You are responsible for keeping account credentials secure and for activity under your account. Accounts are personal and may not be shared.
9.2Instructors are responsible for who they invite into a Cohort. The Customer is responsible for obtaining any consents or notices required to enrol its Learners, including any required for Learners under the age of majority.
9.3The Services are intended for users aged 16 or over, or younger Learners participating under the supervision of their institution.
10
Learners and learning content
10.1Learners use Simulations for educational purposes and agree to participate in good faith. Learner Inputs are processed to run the Simulation, generate feedback for the Learner and provide analytics to the Instructor.
10.2Learners acknowledge that their decisions and performance within a Simulation are visible to the Instructor of their Cohort.
10.3Stakeholder personas are fictional. Simulations are learning exercises and do not constitute professional, financial, legal, medical or business advice.
11
AI-generated output
11.1Outputs are generated using artificial intelligence and may be inaccurate, incomplete or unexpected. Instructors should review a Simulation before assigning it.
11.2n-aible does not make grading or academic decisions. Any assessment of a Learner remains the responsibility of the Instructor and the institution, and no decision producing legal or similarly significant effects is made solely by automated means.
12
Acceptable use
You agree not to: upload unlawful, infringing or harmful content or malicious code; upload special categories of personal data unless strictly necessary for the case and lawfully obtained; reverse engineer, scrape or attempt to extract the models, prompts or source code of the Services; circumvent security or access controls; resell or share access outside your Cohort; or use the Services to build a competing product. We may suspend access that breaches this section, giving notice where reasonably possible.
13
Fees
13.1Fees are set out in your order form or institutional agreement and are typically quoted per Cohort and term. Alpha access may be provided at no charge.
13.2Unless otherwise agreed, invoices are payable within 30 days and fees exclude applicable taxes.
14
Term, termination and deletion
14.1These Terms apply from first use until terminated. Either party may terminate on written notice if the other materially breaches them and does not remedy the breach within 30 days.
14.2You may export or permanently delete any Case Material at any time. Deleting a case also deletes every Simulation derived from it.
14.3On termination, or on your request, we will delete your Case Material and Simulations from active systems within 30 days and from backups within 90 days, unless retention is required by law, in which case sections 6 and 7 continue to apply.
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Warranties and disclaimers
Each party confirms it has the authority to enter into these Terms. Except as expressly stated, the Services are provided “as is” and “as available”, and to the extent permitted by law n-aible disclaims implied warranties, including of merchantability, fitness for a particular purpose and uninterrupted operation.
16
Limitation of liability
16.1Neither party is liable for indirect, consequential, special or punitive loss, or for loss of profits, revenue or goodwill.
16.2Each party’s total liability under these Terms is limited to the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim.
16.3These limits do not apply to breach of sections 6 or 7, to indemnity obligations, to fraud, gross negligence or wilful misconduct, or to any liability that cannot be limited by law.
17
Indemnities
You will defend n-aible against third-party claims that your Case Material, as uploaded, infringes their rights. n-aible will defend you against third-party claims that the Services, excluding your Case Material, infringe their intellectual property rights. Each party will pay resulting damages finally awarded, provided it is promptly notified and given control of the defence.
18
Changes to these Terms
We may update these Terms and will give at least 30 days’ notice of material changes. Continued use after the effective date means you accept the update. No change will reduce the protections in sections 4, 6 or 7 for Case Material already uploaded without your written consent.
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General
These Terms are governed by the laws of [governing law jurisdiction], and the courts of [jurisdiction] have exclusive jurisdiction. They form the entire agreement on their subject matter. Neither party may assign them without consent, except n-aible to a successor that assumes all obligations, including sections 6 and 7. If a provision is unenforceable, the remainder continues in effect. Neither party is liable for delay caused by events beyond its reasonable control.
Document two
Privacy policy
How we collect, use and protect personal data, for instructors, learners and institutions.
1
Scope and roles
1.1This Privacy Policy explains how [n-aible legal entity name] handles personal data in connection with the Services.
1.2For account and website data, n-aible acts as controller. For Learner and Instructor data processed inside a Customer’s Cohorts, we act as processor on the Customer’s behalf and process it only on the Customer’s documented instructions.
1.3Where the US Family Educational Rights and Privacy Act applies, we act as a school official with a legitimate educational interest and use education records only to provide the Services.
2
What we collect
2.1Account data: name, institutional email, institution, role and login credentials.
2.2Case Material: the cases and documents you upload, which we handle under sections 4 to 7 of the Terms.
2.3Learning data: Learner Inputs, decisions, timestamps, progress and scores within a Simulation.
2.4Technical data: device and browser type, IP address, logs and essential cookies needed to run and secure the Services.
2.5Communications: messages you send us, including support and demo requests.
3
How we use it
We use personal data to provide and secure the Services, run Simulations, give feedback to Learners and analytics to Instructors, respond to support requests, meet legal obligations, and operate the platform using aggregated, de-identified usage statistics that contain no case content.
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What we never do
Core commitment4.1We never sell personal data.
4.2We never use Case Material, Learner Inputs or Outputs to train artificial intelligence models.
4.3We never serve advertising to Learners or build profiles of Learners for any non-educational purpose.
4.4We never share one institution’s data with another.
5
Legal bases
Where the UK or EU GDPR applies, we rely on performance of a contract, our legitimate interests in operating and securing the Services, compliance with legal obligations, and consent where it is required, for example for non-essential cookies.
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Who we share it with
We share personal data only with sub-processors that help us deliver the Services, such as hosting, AI model processing and email delivery, under written data processing agreements that prohibit them from using it for their own purposes; within your institution as the Services require, for example an Instructor viewing their Cohort; when required by law; and with a successor in a business transfer that assumes these commitments. A current list of sub-processors is available on request.
7
International transfers
Where personal data is transferred outside the UK or European Economic Area, we use recognised safeguards such as the European Commission’s Standard Contractual Clauses and the UK International Data Transfer Addendum.
8
Retention
We keep account data while your account is active, and learning data for as long as the Customer requires. Deleted data is removed from active systems within 30 days and from backups within 90 days, unless the law requires longer retention.
9
Security
Personal data is protected by the measures in section 8 of the Terms, including encryption in transit and at rest and access scoped to the Cohort.
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Your rights
Depending on where you live, you may have the right to access, correct, delete, restrict or export your personal data, to object to processing, and to withdraw consent. Learners should contact their institution first, as it controls Cohort data; we will support it in responding. You may also complain to your data protection authority.
11
Cookies
We use essential cookies to keep you signed in and to secure the Services. We use analytics cookies only with your consent, and you can change your choice at any time.
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Changes and contact
We will post updates here and notify Customers of material changes. For privacy questions or to exercise your rights, contact our privacy lead at [privacy@n-aible.com].
Questions about these terms
Talk to us before you upload.
[legal@n-aible.com] · [n-aible legal entity name], [registered address]
