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Terms of service
Version 1 - May 20, 2025
AI Outputs and no Professional Advice
AI-generated content and agent outputs (“Outputs”) are provided for informational purposes only. Outputs may be inaccurate, incomplete, or inappropriate.
You are solely responsible for:
Reviewing and verifying Outputs before relying on or using them.
Ensuring Outputs comply with laws, regulations, and your internal policies.
Any decisions, actions, or communications you or your agents make.
Simming does not provide legal, medical, financial, or other professional advice. You must consult a qualified professional where appropriate.
Communication features (SMS/Email/Voice)
If you use any communications or outbound features, you represent and warrant that you will comply with all applicable laws, rules, and industry requirements, including (where applicable) consent, opt-in/opt-out, disclosure, recording, and telemarketing requirements.
Without limiting the foregoing, you are solely responsible for:
Obtaining and maintaining all required consents and permissions.
Providing legally compliant notices and opt-out mechanisms.
Ensuring message content, timing, and targeting are lawful.
Maintaining records evidencing compliance.
We may suspend or disable your communications features immediately if we suspect noncompliance.
Acceptable use and restrictions
You agree not to:
Use the Services for unlawful, harmful, deceptive, or abusive purposes.
Send spam or unauthorized messages.
Impersonate any person or entity.
Use the Services to develop or train competing models or products unless expressly authorized in writing by Simming.
Reverse engineer, decompile, or attempt to extract source code or underlying models, except as permitted by law.
Circumvent usage limits, security features, or access controls.
Upload or process content you do not have the right to use.
We reserve the right to investigate violations and to suspend or terminate access without notice.
Customer Content
“Customer Content” means data, text, files, prompts, instructions, contact data, and materials submitted to the Services by you or on your behalf.
You retain ownership of Customer Content. You grant Simming a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and use Customer Content solely to provide, maintain, secure, and improve the Services, enforce these Terms, and comply with law.
You represent and warrant that you have all rights necessary to provide Customer Content and that our use of it as permitted under these Terms will not violate any law or third-party rights.
Feedback
If you provide suggestions, ideas, or feedback, you grant Simming a perpetual, irrevocable, worldwide, royalty-free right to use, implement, and commercialize it without restriction or compensation.
Subscriptions, fees, and payment
Certain features require payment. You agree to pay all fees and charges associated with your plan.
Billing. Fees are billed in advance unless otherwise stated.
Auto-Renewal. Subscriptions automatically renew unless you cancel before the renewal date.
Annual Preference. You acknowledge that annual plans may include different benefits and terms.
Taxes. Fees exclude taxes unless stated otherwise. You are responsible for all applicable taxes.
No Refunds. All payments are non-refundable except where required by law or expressly stated in a written agreement signed by Simming.
Price Changes. We may change prices with reasonable notice. Continued use after the effective date constitutes acceptance.
Trials and promotions
We may offer free trials, credits, or onboarding incentives. Unless explicitly stated otherwise:
Trials and promotional credits have no cash value.
We may modify or end trials and promotions at any time.
After a trial ends, your account may automatically convert to a paid plan unless you cancel before the trial end date, where permitted by the applicable plan flow.
We are not responsible for loss of data or functionality if you do not convert to a paid plan.
Usage Limit
Plans may have usage limits (including seats, agent count, message volumes, storage, API calls, or model access). We may enforce limits by throttling, suspending, overage billing, or requiring plan upgrades.
Third-party services
The Services may integrate with or rely on third-party services (e.g., telecom carriers, email providers, model providers, analytics, or payment processors). We do not control such third parties and are not responsible for their availability, accuracy, or actions. Your use of third-party services may be subject to separate terms.
Usage Limit
Simming and its licensors own all rights in the Services, including software, design, branding, and platform features. Except for the limited rights granted to you, no rights are transferred under these Terms.
Confidentiality
If you receive non-public information from us, you agree to keep it confidential and use it only for your lawful use of the Services.
Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference. If you use communications features, you are the “controller” or equivalent for recipient data you provide, and you must comply with all applicable privacy laws.
Security
We implement reasonable security measures but do not guarantee that the Services will be secure or error-free. You are responsible for configuring your account and agents safely, including access permissions, role scopes, and review/approval settings.
Compliance and Regulatory Matters
The services and outputs are provided “as is” and “as available.”
Simming maintains administrative, technical, and organizational measures designed to support compliance with applicable privacy, security, and data protection laws and recognized industry standards.
Disclaimer of warranties
The services and outputs are provided “as is” and “as available.”
To the maximum extent permitted by law, Simming disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:
The services will be uninterrupted or error-free,
Outputs will be accurate or reliable, or
Communications will be delivered or received without interruption or delay.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
SIMMING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.
SIMMING’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SIMMING IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You acknowledge that these limitations are a fundamental part of the bargain.
Indemnification
You agree to defend, indemnify, and hold harmless Simming, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising out of or related to:
Your use of the Services,
Your Customer Content,
Your agents’ actions and Outputs,
Your communications (SMS/email/voice),
Your violation of laws or these Terms.
Suspension and termination
We may suspend or terminate your access immediately and without notice if we believe you violated these Terms or pose risk to Simming, other users, or third parties.
Upon termination:
Your right to use the Services ends immediately.
You remain responsible for all accrued fees.
We may delete or retain Customer Content as permitted by law and our policies.
. Export and sanctions compliance
You may not use the Services if you are located in a country subject to embargo or if you are prohibited by applicable export or sanctions laws. You agree to comply with all such laws.
Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
You agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration, except that either party may seek injunctive or equitable relief for misuse of intellectual property or unauthorized access.
Arbitration will be conducted on an individual basis. You waive the right to participate in class actions, class arbitrations, or representative proceedings.
Governing law and venue
These Terms are governed by the laws of USA, without regard to conflict of laws principles. If arbitration is found unenforceable, disputes will be resolved in the courts located in Deleware, and you consent to exclusive jurisdiction and venue there.
Changes to these terms
We may update these Terms at any time. We will provide notice by posting the updated Terms or by other reasonable means. Your continued use after the effective date of updated Terms constitutes acceptance.
Miscellaneous
Entire Agreement. These Terms constitute the entire agreement between you and Simming regarding the Services.
Severability. If any provision is found unenforceable, the remainder will remain in effect.
No Waiver. Our failure to enforce any right is not a waiver.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.