Terms of service

Terms and Conditions: Effective Date: 2nd September 2021

Welcome to Cortiical! Please enjoy the platform and content we’ve built for you; however, please note that the use of Cortiical content is subject to the below Terms of Service which is the contract between yourself as a user of Cortiical products and Cortiical Ltd (NZBN [8265326] Address: 9 Walker Street, Christchurch CBD, 8011, New Zealand.

1. What is the Cortiical Platform?

In these Terms, a reference to our platform is the Cortiical website, any associated services including Apps, content, forums and support services. In exchange for using our content and platform, you agree to abide by these Terms.

2. Who is this contract between?

This contract is between yourself and Cortiical Ltd operating out of New Zealand.

3. Is this the only contract?

Depending on how you use our platform and content, there may be additional contracts to which we ask you to agree. As we integrate more features, additional contracts may be required, which we will inform you about before you can use the additional features.

Our content is supplied through PICO virtual reality hardware and software, meaning you are required to also accept the Terms of Service of PICO; where any terms from PICO contradict or conflict with Cortiical, Cortiical takes priority.

4. So that means they can change?

Changes to these terms and conditions will definitely occur. When a change does occur we’ll do our best to provide notice about these changes, though this is not always possible. Your continued use of the system is your acceptance of the terms and conditions.

5. How do I get started with the Cortiical Platform and content?

The Cortiical suite of Off the Shelf, bespoke, custom and Induction assets require a PICO headset or other hardware to experience. If your PICO devices are intended for use by multiple different people, we advise also purchasing alternative face shields for hygiene purposes.

To gain access to Cortiical content, you must purchase one of our subscription services and continue to pay a month-by-month fee, for a minimum period of 12 months.

Custom designed content is provided under a separate payment terms structure due to it’s more personalised nature; details to these terms can be found in the proposal document.

6. Can I share my account with another organisation?

Cortiical owns the content we produce; you must not edit, duplicate, and not exceed the number of headsets that your subscription permits; if you do so you will immediately be in breach of these Terms and you will be charged for excess usage. If it is found that your account is being shared outside of your organisation, your account will be closed without any refunds.

7. Once I have an account with access to the content, what are my rights with the Cortiical platform?

So long as subscription fees are paid and you accept these terms, you are granted use of all of Cortiical content within the parameters that your subscription details. You retain the right to use the content until you voluntarily opt out of the subscription or the service term ends.

You retain the right to use any Cortiical Content installed onto your PICO headsets for the subscription period that is paid for. If the content is later uninstalled from the device, you do not have the right to reinstall it, as you will no longer have access. If your subscription was paid in full upfront, you will receive updates for the month-to-month you have paid for, updates will cease after that point.

If you wish to receive updates to Cortiical content, you must maintain a subscription.

8. Will Cortiical employees look at my content?

Your privacy is important to us, so Cortiical employees will only collect and see data that is related to the use of the learning experience assets. 

Your privacy is very important to us and our employees do not look through personal data unless it is associated with fixing a problem with the platform. To ensure quality and appropriate content is distributed through the Marketplace our employees may at times look through courseware that is available through the platform. Any private courseware will only be looked at in the process of fixing any problems in the platform.

9. 14-Day Discovery Program

To get started on our 14-Day Discovery Program you must agree to Cortiical terms and conditions and provide a credit card for future payment processing.

For a 14-day period, you are free to trial our content, platform and virtual reality hardware with unlimited use of all of our learning experiences for $0.

Your 14-day trial period commences the day after delivery confirmation to your address with a consignment delivery notice provided by the courier, this triggers the trial period start date. 

After your 14-day trial period has expired, you are required to return all virtual reality hardware via courier to Cortiical within 7-days; a consignment pick up notice from the courier will trigger the return date.

If you fail to return the virtual reality hardware within 7-days after your 14-day trial period, and a consignment notice has not been received by Cortiical as proof of return; you will be automatically enrolled into a paying subscription. The credit card provided will be charged inline with standard payment terms for an ongoing basis of a 12-month minimum term length.   

All days mentioned above are inclusive of weekends and public holidays.

10. What if I want to cancel my subscription?

Cancellation of a subscription can be done at any time after the 12-month minimum term date. If cancellation request occurs during the 12-month minimum term period, you may pay the remainder outstanding in full, or continue monthly payments until the 12-month term date has passed. 

Any custom design work must be paid in full before any cancellation of service.

On cancellation of service, all Cortiical content, platform and digital assets will be disabled from use. If you are found to continue to use Cortiical assets after the cancellation of service; legal action will be taken.

12. Do I get to keep the VR hardware?

As part of your 12-month subscription service, you become the owner of the virtual reality hardware provided to you by Cortiical; per subscription license hardware consists of (1) headset, (2) controllers, and (1) charging cable. 

All Cortiical content, platform and digital assets will remain owned by Cortiical.

13. Do I own my custom VR experience?

Any custom designed virtual reality content created by Cortiical for it’s clients will be shared intellectual property; Cortiical reserves the right to make any changes, edit, duplicate, on-sell and profit from this content as it sees fit with no royalties payable.    

14. Is your liability limited?

To the maximum extent permitted by law, Cortiical excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the platform.

If you suffer loss or damage as a result of Cortiical negligence or failure to comply with these Terms, any claim by you against Cortiical arising from Cortiical negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription fees paid by you in the previous for the duration of the incident or any purchases of Courses related to that incident.

If you are not satisfied with the platform, your sole and exclusive remedy is to terminate these terms. 

15. Intellectual Property

All Intellectual Property related to the platform remains the property of Cortiical and there is no licence transferred to you for use outside of the platform as part of your access and use of the platform. Any intellectual property distributed through the system by training organisations remains the property of training organisation and a licence is provided to Cortiical on upload of any material into the platform for the sole use of distribution to users of the platform. No licence is extended from the training organisation to the user for use of the training material outside of the platform. 

16. Are there any other policies or procedures of which I need to be aware?

You are responsible for the maintenance and care of your virtual reality devices. Cortiical will provide first level support for hardware and software issues; if the hardware is damaged from miss-use, or is lost or stolen; you (the company) will be held liable for any repairs and/or replacement of the unit including any logistics costs.

17. Technical Support

You are required to give reasonable effort to investigate and diagnose problems that are related to our content before contacting Cortiical for technical support. If you still need help please contact us via the email address in the footer and we will contact you back within 24 hours. Cortiical does not provide an SLA as part of the terms of service.