Please read these Terms of Service ("Terms") carefully before using the Sim platform (the "Service") operated by Sim, Inc ("us", "we", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities under your password. You agree not to disclose your password to any third party and must notify us immediately upon any breach of security or unauthorized use of your account.

2. License to Use Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes. This license does not permit you to resell, redistribute, or use the Service to build a competitive product.

3. Subscription Plans & Payment Terms

We offer Free, Pro, Team, and Enterprise subscription plans. Paid plans include a base subscription fee plus usage-based charges for features that exceed your plan's included limits.

You agree to pay all fees associated with your account. Your base subscription fee is charged at the beginning of each billing cycle. Usage overages are charged incrementally during your billing period, which may result in multiple invoices within a single billing cycle. We reserve the right to change pricing with 30 days' notice; price changes take effect at your next renewal.

4. Auto-Renewal & Cancellation

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial billing periods.

Upon cancellation or termination, you may export your data within 30 days. After 30 days, we may delete your data in accordance with our data retention policies.

5. Data Ownership & Retention

You retain all ownership rights to data, content, and information you submit to the Service ("Your Data"). You grant us a limited license to process, store, and transmit Your Data solely to provide and improve the Service as described in our Privacy Policy.

We retain Your Data while your account is active and for 30 days after account termination or cancellation. You may request data export or deletion at any time.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Sim, Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

7. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that:

The User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms.
The posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

8. Third-Party Services

The Service may integrate with third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, functionality, or actions of third-party services.

9. Acceptable Use

You agree not to use the Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors.
To transmit advertising or promotional material, including any "junk mail," "chain letter," or "spam."
To impersonate or attempt to impersonate Sim, Inc, a Sim employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

11. Limitation of Liability

In no event shall Sim, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Service.

12. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sim, Inc and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Service or your violation of these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Arbitration Agreement

Any dispute between you and Sim, Inc relating to the Service or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and Sim, Inc may assert individualized claims in small claims court if the claims qualify and remain on an individual, non-class basis; and (2) you or Sim, Inc may seek equitable relief in court for infringement or other misuse of intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice to [email protected] within 30 days after first becoming subject to this Arbitration Agreement.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

17. Contact

If you have any questions about these Terms, please contact us at [email protected].