These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and SIML Inc. ("SIML," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the SIML Studio platform at studio.trysiml.com and trysiml.com, as well as all Chrome Extension products including ListingAI, Wind AI, ProfitLens, ReturnGuard, BundleIQ, ReviewMiner, and TikTok Tools (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
1. Acceptance of Terms
By creating an account, installing any of our Chrome Extensions, or otherwise accessing or using the Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into binding agreements, and agree to comply with and be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Account Registration
To access certain features of our Services, you must create an account using Google OAuth. You agree to:
- Provide accurate and complete information during registration.
- Maintain the security of your account credentials and Google account.
- Accept full responsibility for all activities that occur under your account.
- Notify us immediately at founders@trysiml.com of any unauthorized use of your account.
We reserve the right to suspend or terminate any account at any time, for any reason, without notice or liability. You may not create multiple accounts, share your account with others, or transfer your account without our prior written consent.
3. Subscriptions, Billing, and Payments
3.1 Free Trials
We may offer free trial periods for certain Services at our sole discretion. Free trials are limited to one per user and per household. We reserve the right to determine trial eligibility, revoke or modify trial offers at any time, and charge the applicable subscription fee if we determine that a user has abused the trial program (e.g., by creating multiple accounts). At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires.
3.2 Recurring Billing
Paid subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected) through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis for the applicable fees plus any taxes. Prices are listed in U.S. dollars unless otherwise stated. We reserve the right to change subscription prices at any time with at least 30 days' notice; continued use after a price change constitutes acceptance of the new price.
3.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at founders@trysiml.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of your current billing cycle.
3.4 Refunds
All fees are non-refundable except as required by applicable law. No refunds or credits will be provided for partial subscription periods, unused features, or account downgrades. We may, at our sole discretion, offer refunds or credits on a case-by-case basis, but such actions do not create an obligation to do so in the future.
3.5 Failed Payments
If a payment fails, we may retry the charge, suspend your access to paid features, or terminate your subscription. We are not responsible for any fees, penalties, or charges imposed by your bank or payment provider as a result of our billing attempts.
4. Acceptable Use
You agree not to:
- Use the Services for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable local, state, national, or international law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any of our software, extensions, or Services.
- Copy, modify, adapt, distribute, sublicense, or create derivative works based on the Services or any part thereof.
- Circumvent, disable, or interfere with any security, licensing, or access-control features of the Services.
- Use the Services to scrape, harvest, or collect data in violation of any third-party terms of service (including eBay, Amazon, Etsy, Shopify, TikTok, or any other platform).
- Share, resell, or redistribute your account access or subscription to any third party.
- Use automated means (bots, scripts, etc.) to access the Services beyond the intended functionality of the Chrome Extensions.
- Interfere with or disrupt the integrity or performance of the Services or the servers and networks connected to them.
- Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement.
5. Intellectual Property
All rights, title, and interest in and to the Services, including but not limited to all software, code, algorithms, designs, user interfaces, text, graphics, logos, icons, trademarks, trade names, and other intellectual property (collectively, "SIML IP"), are and shall remain the exclusive property of SIML Inc. and its licensors. These Terms do not grant you any right, license, or interest in any SIML IP except for the limited right to use the Services as expressly provided herein.
You retain ownership of any data you input into the Services. By using the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your data solely for the purpose of providing the Services. We may also use anonymized, aggregated data derived from your use for analytics, research, and product improvement.
6. Third-Party Platforms
Our Services interact with third-party platforms including but not limited to eBay, Amazon, Etsy, Shopify, TikTok, Google, and Keepa. We are not affiliated with, endorsed by, or sponsored by any of these platforms. Your use of third-party platforms is subject to their respective terms and policies. We are not responsible for any consequences arising from your use of the Services in connection with third-party platforms, including but not limited to account suspensions, listing removals, or policy violations on those platforms.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIML INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that:
- The Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
- The results obtained from use of the Services will be accurate, reliable, or meet your expectations.
- Any data, including pricing data, profit calculations, product information, or analytics provided by the Services, will be accurate, complete, or current.
- The Services will be compatible with all browsers, devices, or third-party platforms at all times.
- Any defects in the Services will be corrected.
You acknowledge that you use the Services at your own risk. Any reliance on data, calculations, recommendations, or other output from the Services is at your sole risk and discretion. SIML Inc. is not responsible for any business decisions you make based on information provided by the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIML INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF SIML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SIML INC.'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SIML IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless SIML Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; (d) any content or data you submit to or through the Services; or (e) your violation of any applicable law or regulation. This indemnification obligation shall survive the termination of these Terms and your use of the Services.
10. Termination
We may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice, and without any liability to you. Reasons for termination may include, but are not limited to, violations of these Terms, suspected fraudulent activity, extended periods of inactivity, or discontinuation of the Services.
Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately stop using the Services and uninstall all Chrome Extensions; (c) any outstanding fees owed by you become immediately due and payable; and (d) we may delete your account and associated data in accordance with our Privacy Policy.
Sections 5, 7, 8, 9, 11, 12, and 13 shall survive termination of these Terms.
11. Dispute Resolution and Arbitration
11.1 Mandatory Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services ("Dispute") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, USA. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
11.2 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SIML INC. If any court or arbitrator determines that this class action waiver is void or unenforceable, then the entirety of this arbitration provision shall be null and void.
11.3 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
11.4 Time Limitation
Any Dispute must be filed within one (1) year after the event giving rise to the claim. Failure to file within this period shall constitute a permanent bar to any such claim.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. For any matters not subject to arbitration, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and SIML Inc. regarding the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties.
13.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
13.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
13.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets, without restriction and without notice to you.
13.5 Force Majeure
SIML Inc. shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or infrastructure failures, or third-party service outages.
13.6 No Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and SIML Inc. Nothing in these Terms shall confer any rights on any third party.
13.7 Notices
We may provide notices to you via email (to the address associated with your account), in-app notifications, or by posting on our website. You may contact us at founders@trysiml.com. Notices are deemed received upon sending (for email) or upon posting (for website notices).
14. Changes to These Terms
We reserve the right to modify these Terms at any time at our sole discretion. We will notify users of material changes by updating the effective date and posting the revised Terms on our website. For significant changes, we may also provide notice via email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services and terminate your account.
15. Contact Us
If you have any questions about these Terms of Service, please contact us: