Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and SIML Inc. ("SIML," "we," "us," or "our"). They govern access to and use of getsiml.com, app.getsiml.com, our AI agents, connectors, APIs, and related services (collectively, the "Services").

By creating an account, accepting these Terms, or using the Services, you agree to these Terms and our Privacy Policy. If you use SIML for a company or other organization, you represent that you have authority to bind that organization, and "you" includes it. If you do not agree, do not use the Services.

2. Eligibility, accounts, and workspaces

• You must be at least 18 and legally able to enter this agreement.
• You must provide accurate account information and keep your credentials and authentication methods secure.
• You are responsible for activity performed by users you invite to your workspace and for assigning appropriate access.
• Tell us promptly at founders@trysiml.com if you believe your SIML account or a connected account has been compromised.

3. The SIML service

SIML is an AI operating platform for ecommerce merchants. The Services may help you organize store data, manage products and inventory, draft or carry out support and operational work, coordinate listings and returns, prepare marketing assets, connect communication channels, reconcile business information, and review agent-proposed actions in one workspace.

Features vary by plan, region, connected platform, and approval status from third-party platforms. A feature identified as beta, preview, or pending platform approval may be incomplete, change, or become unavailable. We may add, remove, or modify features while continuing to provide the material core of any paid plan.

4. Third-party accounts and connector authorization

Connectors let SIML communicate with services such as Shopify, Meta, Facebook, Instagram, Messenger, WhatsApp, marketplaces, payment services, and other tools. By connecting an account, you:

• authorize SIML to access, store, and process the information made available by the permissions you approve;
• authorize SIML to send data and perform actions on that account only when required for the features you use;
• represent that you own or administer the connected assets, or have documented authority from their owner to connect and manage them;
• agree to comply with the connected service's terms, policies, and permission requirements; and
• understand that third-party APIs can impose outages, review delays, limits, or changes outside SIML's control.

You may disconnect a connector in SIML and may separately revoke access in the third-party service. Disconnecting stops future connector use but does not necessarily delete previously imported history. See our Data Deletion Instructions.

6. AI output, agents, and approvals

AI output is probabilistic and may be inaccurate, incomplete, outdated, or unsuitable. You are responsible for reviewing output before relying on it. Unless a feature and your settings clearly permit automatic execution, an approval screen is a request for your decision, not confirmation that an action has already occurred.

• Do not treat SIML output as legal, tax, accounting, medical, or other professional advice.
• Verify facts, calculations, prices, stock, policies, recipients, creative rights, and platform settings before approval.
• You are responsible for the thresholds, guardrails, and automatic behaviors you enable.
• SIML may pause or block an action when credentials, authority, data, or required approval are missing.

7. Merchant data, customer data, and privacy

You retain ownership of data and content you submit or authorize SIML to access ("Merchant Data"). You grant SIML a limited, non-exclusive license to host, process, transmit, reproduce, and display Merchant Data only as needed to provide, secure, maintain, and support the Services and comply with law.

You represent that you have the rights, notices, permissions, and lawful basis needed for SIML to process Merchant Data, including customer, employee, supplier, creator, and advertising data. You are responsible for responding to privacy requests from people whose data you control. SIML's handling of information is described in the Privacy Policy.

8. Plans, billing, and cancellation

Paid features may be billed through Shopify or Stripe. Prices, included usage, billing period, and renewal terms are shown at purchase. Subscriptions renew automatically until canceled. You authorize the applicable payment provider to charge the payment method on file, including applicable taxes.

Cancel through Shopify if Shopify bills your subscription, or through the SIML billing settings and Stripe portal if Stripe bills it. Except where required by law or expressly stated at purchase, fees are non-refundable and we do not provide credits for partial billing periods or unused features. We may suspend paid access for unresolved failed payments.

9. Acceptable use

You must not use the Services to:

• break the law or violate another person's rights;
• access, connect, message, advertise from, or change an account or asset without authorization;
• send spam, fraud, deceptive content, malware, harassment, or prohibited goods or services;
• evade a platform review, rate limit, safety control, approval gate, or access restriction;
• scrape, reverse engineer, probe, overload, disrupt, or gain unauthorized access to the Services, except where a restriction is prohibited by law;
• expose credentials or use another customer's information, workspace, or connector; or
• use AI output or automated actions without the human oversight appropriate to the risk.

We may investigate, limit, suspend, or terminate use that violates these Terms or risks harm to users, platforms, SIML, or third parties.

10. Intellectual property and feedback

SIML and its licensors own the Services, software, designs, documentation, trademarks, and related intellectual property. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for your internal business purposes during your subscription or authorized free access.

You retain rights in your original content. You must have the right to use any brand asset, photo, video, music, copy, review, customer data, or other material supplied to SIML. If you provide feedback, you permit SIML to use it without restriction or compensation, provided we do not identify you publicly without permission.

11. Third-party services and availability

Third-party services are governed by their own terms and policies. SIML is not Meta, Facebook, Instagram, WhatsApp, Shopify, Amazon, TikTok, Stripe, or any other connected provider and is not responsible for their services, decisions, API changes, account restrictions, outages, data, or content. References to those services do not imply sponsorship or endorsement.

We aim to keep SIML available, but do not promise uninterrupted or error-free operation. Maintenance, security incidents, provider outages, rate limits, model failures, or other events may delay or prevent a workflow.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SIML DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT BUSINESS, ADVERTISING, SALES, SUPPORT, INVENTORY, OR FINANCIAL RESULTS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIML AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, AD SPEND, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIML'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SIML FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY U.S. DOLLARS. Some jurisdictions do not allow certain exclusions or limits, so they may not apply to you.

14. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless SIML and its affiliates, officers, directors, employees, agents, and licensors from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from your Merchant Data, connected accounts, ads or messages, products or services, violation of these Terms or law, or infringement of another person's rights.

15. Suspension, termination, and data

You may stop using SIML and cancel your subscription at any time. We may suspend or terminate access if you materially breach these Terms, create security or platform risk, fail to pay, or if required by law or a connected provider. Where reasonable, we will give notice and an opportunity to cure.

When access ends, your right to use the Services ends and outstanding charges remain due. Data retention and deletion are governed by the Privacy Policy and Data Deletion Instructions. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, indemnification, dispute terms, and payment obligations.

16. Dispute resolution

16.1 Informal resolution

Before filing a formal claim, contact founders@trysiml.com and give us 30 days to try to resolve the dispute informally.

16.2 Binding arbitration

Except for claims eligible for small-claims court or requests for injunctive relief concerning intellectual property, unauthorized access, or security, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable commercial rules. The arbitration will take place in Wilmington, Delaware, unless the parties agree to remote proceedings or another location.

16.3 Class-action waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND SIML MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. Governing law

Delaware law governs these Terms without regard to conflict-of-law rules. Where a claim may proceed in court, the state and federal courts located in Delaware have exclusive jurisdiction, except where applicable consumer law requires otherwise.

18. General provisions

• These Terms and the incorporated policies are the entire agreement about the Services and replace prior agreements on the same subject.
• If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue.
• A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; SIML may assign them in connection with a corporate transaction.
• SIML is not liable for delay or failure caused by events beyond its reasonable control.
• These Terms do not create employment, agency, partnership, fiduciary, or third-party beneficiary relationships.

19. Changes to these Terms

We may update these Terms to reflect changes to the Services, law, security, or third-party requirements. We will post the updated Terms and change the "Last updated" date. If a change materially reduces your rights, we will provide additional notice where required. Continued use after the effective date means you accept the updated Terms.

20. Contact