Age Requirement: You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. If you are under the age of 18 (or under the age of legal majority in your jurisdiction), you are not permitted to use the Services.

Account Registration: To access certain features of our Services, you are required to create an account. You agree to provide accurate, current, and complete information during the registration process and to promptly update any information if it changes. You are responsible for maintaining the accuracy and completeness of your account details.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately if you suspect any unauthorized access to your account. Simia is not responsible for any losses or damages resulting from your failure to protect your account credentials.

4.1 Inputs and Outputs

• Inputs: You may provide data, information, or content as input to the Service (“Inputs”). This could include text, images, audio, videos, or any other media that you upload, generate, or otherwise submit through Simia’s tools.
• Outputs: Based on your Inputs, you will receive AI-generated content or other results (“Outputs”) from Simia’s platform. You may use these Outputs in accordance with your subscription tier (Free or Subscription).

4.2 Rights to Your Content

• Ownership of Your Content: You retain all rights to your Inputs. Simia does not claim ownership of your Inputs. By submitting your Inputs to Simia, you grant Simia a license as outlined in Section 4.3, “License to Your Content.”

4.3 License to Your Content

• Grant of License: By submitting content, you grant Simia the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Inputs to provide the Services (including trust and safety features), improve the Services, develop new products and services, and for marketing, promotional, and commercial purposes. You also grant Simia a similar license to any Outputs created using your Inputs. This license shall be:
• Perpetual and irrevocable (meaning it cannot be withdrawn),
• Nonexclusive (meaning you may license your Input to others),
• Worldwide (meaning it is valid anywhere in the world),
• Sub-licensable (meaning we can make it available to third parties, including through multiple tiers).

4.4 Necessary Rights

• Content Ownership and Warranties: You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit Inputs and grant Simia the rights described in these Terms, including the rights to use, display, modify, distribute, and create derivative works from your Inputs as outlined in Section 4.3. You also represent that your Inputs do not violate any law, third-party rights, or infringe upon any intellectual property.

4.5 Data Deletion and Opt-Out

• Data Deletion: You may request that Simia delete your personal data or content at any time in accordance with applicable law. For further details on how we process your data, please refer to our Privacy Policy.
• Opting Out of Content Usage: (Future Feature) While the ability to opt out of having your Inputs and Outputs used to improve the Service, including training AI models, will be available in the future, it is not currently implemented. Once this feature is live, you will be able to submit an opt-out request through our platform. This will stop Simia from using your content for these purposes but will not affect content created prior to your request or its use for other purposes, such as marketing or promotional activities.

4.6 Moderation

• Content Review: While we are not obligated to review all content uploaded by users, Simia reserves the right to:
• (i) Delete or remove any content that violates our Community Guidelines, applicable laws, or intellectual property rights;
• (ii) Suspend or terminate access to users who violate these Terms, including those who submit harmful, illegal, or infringing content (such as misleading parodies, content that violates publicity rights, or unauthorized use of public figures);
• (iii) Take any necessary actions to comply with legal obligations, protect our rights, and ensure the safety of users, including cooperating with law enforcement authorities to disclose user identity in cases of abuse or violation
• (iv) Review, modify, or remove content that is used for marketing, promotional, or commercial purposes if it violates applicable intellectual property laws or our terms regarding the proper use of such content.

4.7 User-Generated Content, Likeness, and Ownership

• Ownership of Generated Content: You retain ownership of any original content you submit to Simia, including text, images, and other media (referred to as “Inputs”). However, any content generated by Simia’s platform based on your Inputs, such as AI-generated characters, stories, or other creative works (“Generated Content”), may be subject to specific usage and rights restrictions as outlined in these Terms, including commercial and promotional uses.
• Likeness of Characters and Stories: In cases where Simia generates likenesses of characters or narratives based on your Inputs, you acknowledge and agree that while you retain ownership of your original Inputs, Simia retains a license to use, modify, and distribute the Generated Content as per the rights granted in Section 4.3 (License to Your Content). You may not claim ownership over the likenesses, characters, or stories created by Simia, unless explicitly stated in these Terms or agreed upon in a separate agreement.
• Use of Generated Content: By submitting Inputs that generate content, you agree that Simia may use, display, and distribute the Generated Content in accordance with the licenses granted in Section 4.3 (License to Your Content), including for commercial, promotional, and developmental purposes.

4.8 Parody, Public Figures, and Content Usage

• Parody and Public Figures: Simia’s platform may generate parodies, imitations, or impressions of public figures, including their likenesses, voices, and other characteristics. These representations are intended for entertainment, critique, and transformative purposes. However, you acknowledge and agree that any resemblance to real public figures is purely coincidental. Simia does not claim any affiliation with or endorsement by any public figure.
• Liability for Use of Likeness: While Simia encourages transformative and non-commercial parodies, we do not guarantee that the generated content will comply with all intellectual property laws, including publicity rights and trademark law. You are solely responsible for ensuring that your generated content does not infringe on the rights of third parties, including public figures. You agree not to use the generated content in any way that could mislead others into thinking it is an actual endorsement or affiliation with the public figure.
• Indemnification: You agree to indemnify and hold Simia harmless from any claims, damages, or losses arising from the misuse of celebrity likenesses or any infringement of publicity rights, copyright, or trademark laws resulting from the content you generate.
• Commercial and Non-Commercial Use: While we strongly advise that any parody or imitation content be used in a non-commercial context unless you have obtained explicit permission from the appropriate parties or have verified that your use complies with applicable intellectual property laws, you may use such content commercially, provided it does not mislead others into thinking the content is an endorsement or affiliation with the public figure.
• Disclaimers and Content Ownership: All generated content featuring public figures must include a disclaimer, which is the responsibility of the user, clarifying that the content is fictional and not endorsed by any individual depicted. You are required to ensure that this disclaimer is present in any content you create that features public figures, and Simia is not responsible for any failure to include such disclaimers.

4.9 Similar Storylines and Unintentional Resemblance

• Unintentional Resemblance in Generated Content: Simia’s AI generates new and original content based on user inputs. However, in the rare event that the generated content resembles existing storylines, characters, or creative concepts, it is purely coincidental. Simia makes every effort to mitigate this risk, and its AI does not intentionally replicate or plagiarize existing works.
• Simia’s Commitment to Protecting Intellectual Property: While Simia takes all reasonable measures to avoid content infringement, we recognize that AI-generated content may sometimes resemble existing creative works unintentionally. We are committed to promptly addressing any claims of IP infringement and will take appropriate action to resolve issues, including content modification, removal, or user notification, when necessary.
• User Responsibilities: You are solely responsible for ensuring that any content you generate through Simia does not infringe on the intellectual property rights of others. You agree to use the platform in good faith and take the necessary precautions, including:
• Conducting your own review of the content generated, especially if used for commercial purposes or public distribution.
• Seeking legal advice when necessary to ensure that the content you create does not conflict with existing copyrighted works, trademarks, or other protected intellectual property.
• Using Simia’s tools within the confines of the platform’s intended use, and not for the creation of content that mimics or directly copies well-known creative works.
• Indemnification and Liability: You agree to indemnify and hold Simia, its affiliates, officers, and employees harmless from any legal claims, damages, or losses that arise from the use of the Services, including but not limited to any claims related to the unauthorized reproduction or infringement of copyrighted material, trademarks, or other protected content. This indemnification applies whether the content was intentionally or unintentionally generated and whether or not the content was used for commercial purposes.
• Limitation of Liability: Simia will not be liable for any claims, damages, or disputes arising from content generated on the platform, including any unintentional resemblances to existing creative works. While we take steps to prevent such issues, you are responsible for validating the originality of the generated content, especially if the content is to be used for commercial purposes. You assume all risk and responsibility related to the content you generate and distribute.
• Right to Modify or Remove Content: In the unlikely event that Simia becomes aware of any generated content that infringes upon third-party intellectual property rights, we reserve the right to modify, remove, or suspend access to such content without notice to the user, at our sole discretion. This right does not imply an ongoing monitoring obligation and will be exercised based on reasonable grounds or if required by law.

7.1 Ownership

All intellectual property rights in the Simia platform, including but not limited to the AI models, software, designs, user interface, and any other content provided by Simia, are owned exclusively by Simia or its licensors. You may not use, copy, modify, distribute, or create derivative works based on any content or tools provided by Simia, except as explicitly authorized in these Terms.

7.2 Limited License

Subject to your compliance with these Terms, Simia grants you a non-exclusive, non-transferable, and revocable license to access and use the Services solely for the purposes outlined in these Terms. The scope of this license depends on your subscription level:

• Free-tier users: License for personal, non-commercial use only.
• Subscription users: License for personal or commercial purposes, depending on the plan you select.

may not use the Services for any other purposes unless explicitly authorized in writing by Simia.

7.3 Trademarks

The Simia name, logo, and any other trademarks or service marks associated with our platform are the exclusive property of Simia. You may not use, display, or reproduce these trademarks without our prior written permission, except as permitted in the normal use of the Services provided by Simia.

7.4 Feedback

Any feedback, suggestions, or ideas that you provide to Simia regarding the Services (e.g., feedback on improving the platform or new feature suggestions) shall become the exclusive property of Simia. Simia is free to use such feedback for any purpose, including for developing new services, features, or improvements to the Simia platform, without any obligation to compensate you or provide further acknowledgment.

You agree that Simia may use your feedback without restriction, and you waive any rights to claim compensation or attribution for your feedback.

Reporting Infringements

If you believe that any content submitted to Simia violates your intellectual property rights, including copyrights, you may submit a DMCA takedown request or a similar notice to us. To submit a complaint, please provide the following information:

• A description of the copyrighted work or intellectual property that you claim has been infringed.
• A description of the specific content on the Simia platform that you believe infringes your rights, including its location or URL.
• Your contact information, including your name, email address, and phone number.
• A statement under penalty of perjury that the information you provided is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

We will review your notice and respond in accordance with applicable copyright laws. If we determine that the content violates your intellectual property rights, we will remove or disable access to the infringing content as required by law.

Please note that Simia complies with the Digital Millennium Copyright Act (DMCA) and may take appropriate action if we receive proper notice of infringement. If you believe that your content was removed by mistake or misidentification, you may file a counter-notice with us.

Third-Party Integrations:
Simia may integrate or link to third-party services, products, or content (“Third-Party Content”). These third-party services are not under the control of Simia, and Simia is not responsible for the availability, accuracy, or legality of any Third-Party Content or the terms, policies, and practices of third-party providers. We strongly recommend that you review the terms of service, privacy policies, and any other relevant policies of such third-party services or content before engaging with them.

Your Interactions with Third Parties:

• Any interactions, dealings, or correspondence with third parties, including the use of their services or content, are solely between you and the third party. This includes, but is not limited to, purchases, participation in events, or any other activities associated with third-party services or content.

Limitation of Liability:

• Simia has no obligation to monitor, review, or take responsibility for any Third-Party Content or services.
• We may, at our sole discretion, block or disable access to any Third-Party Services or Third-Party Content (in whole or in part) through our platform at any time, for any reason.

Third-Party Terms and Policies:

• Your use of or access to Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies imposed by the respective third-party providers. These may include, but are not limited to, terms of service, privacy policies, and usage restrictions.
• You are responsible for ensuring that you comply with any and all applicable third-party terms.

Accessing Third-Party Services:

• You are responsible for obtaining and maintaining the necessary hardware, software, network services, and telecommunications services required to access and use Simia and any third-party services linked through the platform.
• This includes any costs associated with the use of third-party services.

You agree to indemnify, defend, and hold Simia, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service;
• Your content or the content you submit, upload, or generate through the Service;
• Your violation of these Terms or any other applicable policies;
• Your violation of any third-party rights, including but not limited to intellectual; property rights or privacy rights.

This indemnification obligation will survive the termination of your use of the Service.

The Service is provided on an "as is" and "as available" basis, without warranties or representations of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Simia does not guarantee that the Service will be error-free, uninterrupted, or free from viruses, malware, or other harmful components.

While we strive to provide accurate and reliable content and services, Simia does not make any representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Service or any content provided through the Service.

You acknowledge and agree that your use of the Service is at your own risk, and that Simia will not be liable for any damage, loss, or harm resulting from the use of the Service, including any user-generated content or third-party content, or any interruption or failure of the Service.

To the maximum extent permitted by applicable law, Simia’s total liability arising out of or in connection with these Terms or the Service, whether in contract, tort, or otherwise, is limited to the amount you paid for the Service in the 12 months prior to the date of the claim. In no event will Simia be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities arising from your use of the Service.

This limitation of liability will apply even if Simia has been advised of the possibility of such damages and regardless of the legal theory under which the claim is made.

All disputes, claims, or controversies arising out of or relating to these Terms or your use of the Service will be resolved exclusively through binding arbitration, except as otherwise provided in these Terms.

• No Class Actions: Arbitration will be conducted on an individual basis, and you agree not to participate in any class action, class arbitration, or collective action related to any disputes with Simia.

• Arbitration Process: The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association (CAA), or another recognized arbitration body in Canada, under the laws of Ontario, Canada. The arbitration will take place in Ontario, unless otherwise agreed by the parties.

• Exceptions: The following claims are not subject to arbitration:
• Claims for injunctive relief or specific performance;
• Claims related to intellectual property rights, including any claims for infringement or misuse of Simia’s intellectual property;
• Claims where Ontario law or Canadian consumer protection laws preclude mandatory arbitration.

For complete details on the arbitration process, please refer to our Arbitration Agreement, which is incorporated by reference into these Terms.

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. You agree that any dispute, claim, or controversy arising from or related to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, and you hereby consent to the personal jurisdiction of such courts.

Simia reserves the right to modify, suspend, or discontinue any part of the Service at any time, for any reason, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

If we decide to suspend or terminate your access to the Service, these Terms (and any applicable Supplemental Terms) will remain in effect, and you may still be liable for any outstanding obligations, including payment for subscription services, in accordance with the Terms

These Terms constitute the entire agreement between you and Simia regarding your use of the Service, and supersede any prior or contemporaneous agreements, representations, or understandings, whether written or oral, relating to the Service.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Simia.

You may not assign, transfer, or sublicense your rights under these Terms without Simia’s prior written consent. Simia may assign its rights or delegate its obligations under these Terms at any time without notice.

No waiver of any breach or default under these Terms will be deemed a waiver of any preceding or subsequent breach or default.

If you download and use our Mobile App from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that the availability of the Mobile App and the Services is dependent on the App Store from which you obtained the license for the Mobile App, and that these Terms are between you and Simia and not with the App Store.

• Simia’s Responsibility: Simia, not the App Store, is solely responsible for the Mobile App and the content thereof.
• Wireless Network: In order to use the Mobile App, you must have access to a wireless network. You agree to pay all fees associated with such access.
• App Store Fees: You also agree to pay any fees, if applicable, charged by the App Store in connection with the Mobile App.
• Compliance with App Store Terms: You agree to comply with all terms and conditions of the App Store when using the Mobile App. In case of any conflict between these Terms and the App Store’s terms, the App Store’s terms will govern in case of more restrictive usage rules.
  
  

Apple App Store

If you download the Mobile App from an Apple device or the Apple App Store:

1. Acknowledgment: You acknowledge that these Terms are concluded solely between you and Simia, not with Apple. Simia, not Apple, is solely responsible for the Mobile App and the content therein. You further acknowledge that the usage rules for the Mobile App are subject to the Apple App Store Terms of Service as of the date you download the Mobile App. In the event of any conflict, the Apple App Store Usage Rules will govern if they are more restrictive.
   
   
2. Scope of License: The license granted to you is non-transferable and limited to the use of the Mobile App on any Apple device you own or control, in accordance with the Apple App Store Terms of Service.
   
   
3. Maintenance and Support: You acknowledge that Apple has no obligation to provide any maintenance or support services for the Mobile App. You should direct any support inquiries to Simia.
   
   
4. Warranty Disclaimer: You acknowledge that Apple is not responsible for any warranties, whether express or implied, regarding the Mobile App. If the Mobile App does not conform to applicable warranty requirements, you may notify Apple for a refund, but Apple will have no other warranty obligations. Simia disclaims all warranties regarding the Mobile App.
   
   
5. Product Claims: You acknowledge that Simia, not Apple, is responsible for addressing any claims related to the Mobile App or your possession and use of it.
   This includes:
• Product liability claims,
• Any claim the Mobile App fails to meet legal or regulatory requirements,
• Claims under consumer protection or similar laws.
  
  
6. Intellectual Property Rights: If any third-party claims the Mobile App infringes their intellectual property rights, Simia, not Apple, will be solely responsible for investigating, defending, settling, and resolving any such claims.
   
   
7. Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.