Terms of Service
For purposes of this Agreement, "Service" refers to the Company's service which can be accessed via our mobile application "Simlr – Meet like-minded people globally". The terms "we," "us", and "our" refer to the Company (Simlr). "You" refers to you, as a user of Service.
You consent to receive commercial email and other messages from us, and agree that we may use your email address and other personal information for the purpose of initiating commercial messages. Receiving these communications is a condition of using Simlr and you will not be able to opt out of receiving them.
We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with Simlr in any way, your only option is to delete your account. Your continued use of Simlr after we post revised TOS means that you agree to the revisions.
You must be at least 13 years old to download Simlr. By requesting to use, or using Simlr, you represent and warrant that you are not required to register as a sex offender with any government entity.
2. Conduct On Simlr
YOU SHOULD NOT:
We reserve the right to investigate any suspected unauthorized uses of Simlr and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
We may establish general practices and limits concerning use of Simlr, including without limitation the number of days that we retain Content, the number and size of messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time.
These guidelines are not exhaustive, and we have the right to make all judgments regarding the applicability of these guidelines – in letter or in spirit – in our sole and absolute discretion.
3. No Spam Policy
You may not engage in any activity involving spam on Simlr. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on Simlr. Violations of this policy could subject you or your agents to civil and criminal penalties.
4. Safety and Security
We do not currently conduct criminal background screenings for our members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. By agreeing to these TOS, you hereby authorize any such check.
If you are under the age of 18, we encourage you to discuss with your parent(s) or guardian(s) online safety issues for all of your social media memberships, including your Simlr account.
We do not claim ownership of your Content, but you hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, combine, synchronize, create derivative works from, publicly perform and publicly display such Content (including your user name and “about me” description) on Simlr or otherwise for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion. We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen Content, but that we have the right to do so. We have the right to remove any Content that violates the TOS or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.
You may not reproduce, re-publish, further distribute or publicly exhibit any Content on Simlr that is not yours.
6. Our Proprietary Rights
Simlr and the software used in connection with Simlr contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access Simlr by any means other than through an interfaces we provide.
7. We May Contact You
You agree that we may communicate with you by email or otherwise; usually our communication will relate to administrative, security and other issues relating to Simlr. Receiving these communications is a condition of your use of Simlr, and you will not be able to opt out of receiving them. You may, however, block all communication from us by deleting your Simlr account.
8. Availability of Service
We may at any time and from time to time modify, restrict or discontinue Simlr or any part of Simlr, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of Simlr.
We may without prior warning or subsequent notice terminate your account and access to Simlr for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation:
9. Third Party Links
Simlr may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, such as Google (a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform.
10. Disclaimer of Warranties
You use Simlr at your sole risk. We provide Simlr on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from or through us shall create any warranty not expressly stated in the TOS.
We do not guarantee that Simlr will always be safe, secure or error-free or that Simlr will always function without disruptions, delays or imperfections. We make no warranty that:
Any material downloaded or otherwise obtained through Simlr is done at your own discretion and risk. You will be solely responsible for any damage to your or others’ device or computer or loss of data that results, directly or indirectly, from the download of any such material.
11. Limitation of Liability
You acknowledge and agree that we cannot control the conduct of Simlr users and therefore cannot be responsible for any harm they may cause. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You expressly agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangibles (even if we have been advised of the possibility of such damages), and including without limitation resulting from:
Other users of Simlr with whom you associate, connect, interact and/or share content could use your content in a manner you dislike, disapprove of or otherwise find offensive. However, you agree not to assert any claims, actions or demands against us in connection with such use or activities, whether such use or activities are authorized by these TOS or not.
We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Simlr. We are not responsible for the conduct, whether online or offline or any user of Simlr.
We are not liable for any lost or deleted information or data, whether intentional or unintentional nor for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Notwithstanding anything to the contrary contained herein, and to the extent that a judgment is rendered in a court of competent jurisdiction disregarding one or more of the warranty disclaimers and liability limitations contained herein, our aggregate liability to you shall not exceed one hundred US dollars ($100).
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above warranty limitations may not apply to you. In such cases, our warranties and liability will be limited to the fullest extent permitted by applicable law.
All the actions you make and information you post on Simlr remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
14. Disputes and Arbitration
You agree that any dispute relating in any way to these TOS or Simlr, including without limitation your or third parties’ access to or use of Simlr, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.
You have the right to opt out of this agreement to arbitrate if you tell us within 60 days of your first download or use of Simlr that you want to opt out. If you want to opt out, send a written notice advising us of your decision. Unless you opt out of arbitration, you are waiving the right to have a dispute heard before a judge or jury, or otherwise to be decided by a court or governmental tribunal.
You agree not to:
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
15. Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Simlr or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Claims Of Copyright Or Other Intellectual Property Infringement
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
Please provide claims of copyright or other intellectual property infringement to us at email@example.com. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
You may not use Simlr where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect.
These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
19. Deleting Your Account
You can delete your Account at any time by going to your profile page when you are logged into the mobile app and tapping ‘Delete account’. Your Account will be deactivated immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. We will save your profile information in case you decide to restore your Account (which you can do within 30 days of deactivating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
20. Our Contact Information
If you have questions regarding these Terms of Service, please contact us.
Updated as of November 28, 2019