Legal
Vendor EULA and Platform Use Terms
Software, portal, access-control, IP, data, VR, support, and use restrictions for vendors.
1. Acceptance
By creating a Vendor account, logging into the Platform, enrolling students, purchasing tokens, managing certificates, or using administrative tools, Vendor agrees to these Vendor EULA and Platform Use Terms.
2. Authorized Use
Vendor may use the Platform only for lawful training, administration, student enrollment, certificate review, reporting, and related internal business purposes permitted by Opacity Vision.
3. Account Security
- Vendor is responsible for all activity under its accounts.
- Administrator credentials may not be shared except with authorized personnel.
- Vendor must promptly notify Opacity Vision of suspected unauthorized access.
- Opacity Vision may disable accounts or reset credentials to protect the Platform, student records, or other users.
4. Prohibited Conduct
- Share administrator credentials with unauthorized users.
- Permit unauthorized access to the Platform.
- Resell, broker, white-label, sublicense, or distribute access without written permission.
- Circumvent access controls or token limits.
- Falsify student identity, attendance, scores, completion, or certification.
- Submit inaccurate student information.
- Copy, record, download, scrape, or extract Platform content.
- Reverse engineer software or VR modules.
- Use bots, crawlers, scripts, or automated extraction tools.
- Upload malware or harmful code.
- Use Platform materials to build or support a competing product.
- Harass, threaten, or abuse Opacity Vision personnel.
- Misrepresent certificates, records, pricing, approvals, or student results.
5. VR Simulation Limitation
The Platform may include simulated smoke, digital visuals, VR environments, and related educational tools. Simulations may not perfectly reproduce real-world smoke behavior, light scattering, sun angle, background contrast, wind, weather, terrain, observer fatigue, field testing conditions, agency-administered certification conditions, or physical smoke-generator performance.
6. Field Certification and Jurisdiction-Specific Requirements
Unless expressly stated in writing by Opacity Vision, completion of a VR module, online lecture, digital course, practice session, or simulation does not replace any required in-person field certification, agency-administered smoke school, jurisdiction-specific lecture, proctored field test, physical smoke generator exercise, or employer-required practical evaluation.
7. Vendor Marketing Restrictions
- Vendor may not state or imply that Opacity Vision is a government agency, EPA-operated, state-operated, or agency-operated.
- Vendor may reference SmokeVision’s EPA-approved status under ALT-152C only using marketing language authorized by Opacity Vision, and may not overstate the scope of that approval — including by implying universal acceptance, automatic individual certification, or approval of Vendor’s own separate system.
- Vendor may not state that VR training is universally accepted or replaces all smoke school requirements.
- Vendor may not use Opacity Vision trademarks, logos, screenshots, demo footage, certificates, or marketing copy except as authorized.
- Approved marketing language may be modified or revoked by Opacity Vision at any time.
8. Data Processing and Student Records
Vendor authorizes Opacity Vision to process student data for enrollment, training delivery, support, scoring, certificates, reporting, audit support, security, legal, and business purposes. Vendor represents that it has the right to submit student information and to permit Opacity Vision to process that information.
9. Support
Unless a signed agreement states otherwise, support is provided on a commercially reasonable basis and does not include custom development, hardware troubleshooting, headset procurement, workplace IT administration, permit interpretation, legal/regulatory analysis, or customer-specific compliance determinations.
10. Availability
Opacity Vision does not guarantee uninterrupted or error-free operation. The Platform may be affected by internet outages, cloud service issues, browser or headset limitations, device incompatibility, employer firewalls, payment provider issues, hosting problems, maintenance, cybersecurity events, third-party changes, user error, or data syncing delays.
11. Intellectual Property
All rights in the Platform and its content belong to Opacity Vision or its licensors, including software, source code, VR environments, smoke simulations, course content, Opacity Vision’s own lecture content, videos, audio, graphics, logos, trademarks, certificates, dashboards, documentation, testing flows, scoring logic, and training structure.
12. AI and Extraction Restrictions
Vendor may not use Platform content, student data, certificates, reports, source code, simulations, screenshots, or outputs to train, tune, evaluate, benchmark, or populate artificial intelligence systems, machine learning models, competing products, or third-party data sets without written permission.
13. Disclaimer of Warranties
The Platform is provided “as is” and “as available.” Opacity Vision disclaims all warranties to the maximum extent permitted by law, including warranties of accuracy, availability, fitness for a particular purpose, regulatory acceptance, compliance sufficiency, certification success, and training effectiveness.
14. Limitation of Liability
Opacity Vision will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages. Total liability is limited to the amount Vendor paid for the specific service giving rise to the claim during the three months before the event.
15. Survival
Confidentiality, intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, data/record correction, and dispute provisions survive termination.