Terms of Service
Last updated: April 15, 2025
Acceptance of Terms
ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties owned and controlled by Peerwise Medical, Corp. (“Simbie”), including the www.simbie.ai website (the “Website”) and any services available to users through the Website (collectively the “Services”). Your compliance with these Terms of Use is a condition to your use of the Services. If you do not agree to be bound by the Terms of Use, promptly exit this Website. BY USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE THAT THESE TERMS OF USE WILL APPLY TO YOUR USE OF SUCH SERVICES. If you do not agree to these Terms of
Use, you may not access or otherwise use the Services.
- Legally Binding Agreement
- Eligibility to use our Services
- Privacy Policy
- Ownership of the Services & Limited License
- Content for Informational Purposes Only; No Medical Advice
- Electronic Communications, Emails, Text Messages, Phone Calls and Other Notices
- Links to Third Party Websites
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Binding Arbitration / Class Waiver
- Termination
- Modification to these Terms of Use
- Miscellaneous Terms
- Copyright Policy
- Contacting Us
Legally Binding Agreement
THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SIMBIE. By using our Services, you agree to theterms of this Agreement, and affirm that you are able and legally competent to do so. We warrant that Simbie validly entered into this Agreement and has the legal power to do so. If you do not agree to all terms set forth in this Agreement, you should not access or use our Website. If you have already accessed our Website, you should immediately leave and not return to our Website.
Eligibility to use our Services
Our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Simbie, meet all of the foregoing eligibility requirements, and have validly entered into this Agreement. If you do not meet all of these requirements, you may not access or use our Services.
Privacy Policy
Simbie understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.
Ownership of the Services & Limited License
As between you and us, we own, solely and exclusively, all rights, title, and interest in and to the Services; all the Content including, without limitation, audio, text, photographs, illustrations, graphics, visuals, video, copy, resources, research papers, and/or software, data, and materials made available through the Services (collectively, the “Content”); the look, feel, design, and organization of the Services; and the compilation of any Content made available through the Services, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights
therein. Your use of the Services does not grant to you any ownership of any Content you may access via the Services.
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Content solely for your personal and non-commercial use and only as permitted under these Terms of Use and our Privacy Policy. No other right, title, or interest in or to the Services or Content is transferred to you, and all rights not expressly granted are reserved by Simbie or its licensors.
Content for Informational Purposes Only; No Medical Advice
All Content on Simbie’s Website is for general informational purposes only and to describe the Services offered. While we strive to ensure the accuracy and completeness of the information presented, however, we make no representations or warranties regarding the reliability, accuracy, or suitability of the Content for any particular purpose. Content on this site is not and should not be considered as professional or medical advice. At no time is the Content intended to diagnose, prescribe, or provide medical treatments or health advice. If you have questions about any Content related to healthcare shown via the Services, you should consult your physician or a qualified healthcare provider with your concerns. Simbie disclaims any responsibility for any loss or damage resulting from the use or reliance on the Content provided.
Electronic Communications, Emails, Text Messages, Phone Calls and Other Notices
Simbie uses a variety of telephone and electronic communications, which include, but are not limited to communications through e-mails, text messages, such as Short Message Service (“SMS”) and Multimedia Message Service (“MMS”) messages (hereinafter, collectively “SMS Communications”), and or chat support features, to provide you with the information you requested about our Services, to schedule product demonstrations, or to otherwise respond to your support requests.
By providing us with your personal information such as your phone number or email, you are explicitly agreeing to receive emails and SMS Communications from us or our affiliates and consent to your information being processed according to our Privacy Policy. Moreover, you consent to receive communications about all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. The delivery of any SMS or other Communications from us is effective when sent by us, regardless of whether you read the SMS or other Communication.
Furthermore, you acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email
address, you agree that we may communicate with you by text message and email, despite these risks.
You may withdraw your consent and will stop receiving SMS Communications by texting “STOP” to the number you receive themfrom. Alternatively, you may contact customer support by emailing us at: support@Simbie.ai, or by calling us at our toll-free line at (415) 835-4794. By texting “STOP,” you agree that we may send you one more message asking you to confirm your opt-out, after which, you will no longer receive SMS Communications.
To stop receiving email marketing and newsletter communications from us, you may contact support@simbie.ai, or use the unsubscribe feature at the bottom of certain emails.
From time to time, we may also communicate updates or changes with you by posting communications on the Website. It is your responsibility to check the Terms of Use, Privacy Policy, and any other applicable Simbie materials from time to time in order to keep apprised of changes. If the changes require notification to you under applicable law, we will do our best to
contact you using your personal information provided to us prior to those changes becoming effective. Any notice from us shall be effective when it was sent or posted by us, regardless of whether you read the notice or communication.
Links to Third Party Websites
The Services may contain links to third-party websites for your convenience or informational purposes. These links do not imply endorsement, sponsorship, or approval of the third-party websites or their content. Simbie has no control over, and is not responsible for, the content, privacy practices, or security of any third-party websites. Accessing these third-party websites is at your own risk, and you should review the applicable terms of service, privacy policies, and other relevant policies of those sites before engaging with them. Simbie disclaims any responsibility for any loss, damage, or issues that may arise from your use of any third-party websites linked to from the Simbie Services
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. SIMBIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, SIMBIE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THAT SIMBIE, AND OUR RELATED PARTIES, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF SIMBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL SIMBIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR $100, WHICHEVER IS LESS.
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 LIMITATIONS MAY NOT APPLY TO YOU
Indemnification
You agree to defend, indemnify and hold harmless Simbie, affiliates and its suppliers, and each of their respective partners, shareholders, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Services; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of any of our materials by you; or (d) any allegation that anything you transmit through or in connection with the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party
Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE SIMBIE, THE SITE, SITES CONTENT, OR ANY CONTROVERSIES
RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”), THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE
ARBITRATION WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “RULES AND
PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS AS WELL AS CLAIMS
THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.
In the event a Dispute arises between us, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@simbie.ai or regular mail to our offices located at [Insert Company Address]. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. We will provide notice to your address on file. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held
each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in COUNTY, STATE, except that, in the event COUNTY, STATE is not within one hundred (100) miles of your residence, the arbitration may be conducted within one hundred (100) miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. These Terms and Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will
govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable Party agree that a party may seek injunctive
remedies (or an equivalent type of urgent legal relief) in a state or federal court in COUNTY, STATE, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement,
except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED
YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED
WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION EXCEPT AS SPECIFIED HEREIN. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE,
AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a court decides by means of a final decision, not subject to any further appeal or recourse, that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in COUNTY, STATE, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in COUNTY, STATE for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph. This subsection does not prevent you or us from participating in a class-wide settlement of claims
To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of one hundred (100) arbitrations per batch (plus, to the extent there are less than one hundred (100) arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one
arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event, act, omission, practice or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set
forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us
You and we agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
You can opt out of the provisions of this Arbitration agreement that require the arbitration of Disputes within thirty (30) days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with SimbieAI. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with the applicable party to: Simbie [Insert Address], ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us or any other SimbieAI Parties.
.Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Simbie, [Insert Address], ATTN: Dispute Notice. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Simbie, [Insert Address], ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and Conditions and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted the Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms and Conditions.
Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect
Termination
We may terminate, change, suspend, or discontinue any aspect of the Services or Content at any time. We may restrict, suspend, or terminate your access to the Services or any part thereof if we believe you are in breach of these Terms and Conditions, any other applicable terms of use or policy, or applicable law, or for any other reason without notice or liability. We will terminate, in appropriate circumstances, your ability to use and access the Services and Content if you are a repeat infringer of intellectual property rights.
Modification to these Terms of Use
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies Your rights or obligations, we will use commercially reasonable efforts to notify You of the modified Terms by email or text message to the address or phone number You provided in setting up Your account. All modifications will be effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if You do not agree with any modification to these Terms is to terminate this Agreement in accordance with the terms herein. You may not amend or modify these Terms under any circumstances.
Miscellaneous Terms
Governing Law. The Terms, your use of the Services, and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware consistent with the Federal Arbitration Act, without regard to the choice of law provisions of any jurisdiction
Assignment. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Simbie’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Simbie may, without further consent or notification, assign all contractual rights and obligations pursuant to these Terms if some or all of Simbie is transferred to another entity by way of merger, sale of its assets, or otherwise
Amendment. Except as described in the section entitled Modification to these Terms of Use, these Terms may not be amended unless in writing and signed by both Parties.
Waiver. Any failure or delay to exercise or enforce any right of the Terms, or failure to insist upon or enforce strict performance of any provision of these Terms, shall not constitute a waiver of such right or provision. Waivers shall be effective only if in writing and signed by Simbie.
Entire Agreement and Severability. These Terms, together with any amendments and any additional agreements or consents you may have entered with us in connection with the Services, constitute the entire agreement between you and us concerning the Services. If any portion of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that
portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Website
Copyright Policy
Simbie respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that your work has been duplicated in a way that constitutes copyright or other intellectual property infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated agent located at Simbie (ATTN: Legal Department) with a copy to: legal@simbie.ai
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement
Contacting Us
If you have any questions or concerns about these Terms and Conditions, please contact us by email at support@simbie.ai. We will attempt to respond to your questions or concerns promptly after we receive them
