Terms and Conditions

Last Updated: October 16, 2024

Welcome to Simerse (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at www.simerse.com (the “Site”), our mobile applications, viewing platform, and any related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations.

Our Service provides an online platform designed for viewing, sharing, and collaborating on images. Whether you are an artist, photographer, designer, or someone who appreciates visual content, our Service aims to facilitate creative collaboration and inspiration.

PLEASE READ THESE TERMS CAREFULLY before using our Service. If you do not agree to any part of these Terms, you must not access or use the Service.

  1. Definitions

For the purposes of these Terms:

  • “User” or “you” refers to any individual or entity who accesses or uses the Service.
  • “User Content” or “Customer Materials” means any images, text, graphics, videos, data, information, or other material provided, uploaded, submitted, or otherwise transmitted by Users through the Service in the course of using the Service.
  • “Third-Party Services” refers to any websites, services, content, or applications provided by entities other than Simerse that may be linked to or integrated with the Service.
  • “Account” means a unique account created for you to access our Service or parts of our Service.
  • “Subscription” refers to the purchase of access to certain features of the Service for a period specified by us.
  • “Free Trial” refers to the limited-time, no-cost access to certain features of the Service offered to new Users.
  • “Overage” means any usage of the Service that exceeds the allocated limits specified in your Subscription plan.
  • “Applicable Laws” means all relevant laws, statutes, regulations, ordinances, and rules applicable to you, the Service, and these Terms.
  1. Acceptance of Terms

2.1 Binding Agreement

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

2.2 Capacity to Accept

You represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. The Service is intended solely for Users who are 18 years of age or older. If you are under 18, you are not permitted to use the Service.

2.3 Electronic Acceptance

Your use of the Service constitutes your acceptance of these Terms, which takes effect on the date on which you access or use the Service.

  1. Modifications to Terms

3.1 Right to Modify

We reserve the right to amend, modify, or replace these Terms at any time, at our sole discretion.

3.2 Notification of Changes

We will notify you of any significant changes by posting the new Terms on the Site and updating the “Last Updated” date at the top. In some cases, we may provide additional notice, such as sending an email notification or providing a prominent notice within the Service.

3.3 Continued Use Constitutes Acceptance

Your continued use of the Service after any changes have been made constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically to stay informed of updates.

3.4 Disagreement with Changes

If you do not agree with the amended Terms, you must stop using the Service and may terminate your Account as provided in Section 15.

  1. Eligibility

4.1 Age Requirement

You must be at least 18 years old to use the Service. By accessing or using the Service, you represent and warrant that you are 18 years of age or older.

4.2 Compliance with Laws

You agree to comply with all local, state, national, and international laws, rules, and regulations applicable to your use of the Service, including but not limited to intellectual property laws, privacy laws, and data protection laws.

4.3 Prohibited Users

Individuals and entities barred from using the Service under the laws of the United States or other countries, including those on government-issued sanctions lists, are prohibited from accessing or using the Service.

  1. Account Registration and Security

5.1 Account Creation

To access certain features of the Service, you must register for an Account by providing accurate, current, and complete information about yourself as prompted by the registration form. You agree to update such information to keep it accurate, current, and complete.

5.2 Username and Password

You will be required to choose a username and password as part of the registration process. You must not:

  • Select or use a username of another person with the intent to impersonate that person.
  • Use a username subject to rights of another person without appropriate authorization.
  • Use a username that is offensive, vulgar, or obscene.

5.3 Account Credentials

You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to:

  • Notify us immediately at simerse.com/contact of any unauthorized use of your Account or any other breach of security.
  • Ensure that you exit from your Account at the end of each session.

5.4 Account Responsibility

You are solely responsible for all activities that occur under your Account. We are not liable for any loss or damage arising from your failure to comply with this Section.

5.5 Account Restrictions

You may not:

  • Use another User’s Account without their express permission.
  • Sell, transfer, or assign your Account or any Account rights.
  • Create multiple Accounts for disruptive or abusive purposes.
  • Register for more than one Free Trial period.

5.6 Third-Party Authentication Services

If you choose to register or log in using a third-party authentication service (e.g., Facebook, Google), you authorize us to access and use certain information from that service, and you agree to comply with that service’s terms and policies.

5.7 Account Termination

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

  1. User Conduct

6.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Using the Service for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
  • Harassment and Abuse: Uploading, posting, or transmitting content that is defamatory, libelous, harassing, abusive, threatening, or that promotes hate or violence against individuals or groups.
  • Infringement of Rights: Uploading content that infringes upon the intellectual property rights, privacy rights, or any other rights of third parties.
  • Spam and Unsolicited Communications: Sending unsolicited or unauthorized advertising, promotional materials, or any form of solicitation, including junk mail, spam, chain letters, or pyramid schemes.
  • Malware and Viruses: Uploading or transmitting viruses, worms, Trojan horses, time bombs, cancelbots, or other harmful or malicious code, files, scripts, agents, or programs.
  • Circumventing Security Measures: Attempting to probe, scan, or test the vulnerability of any system or network associated with the Service, or breaching security or authentication measures without proper authorization.
  • Interference with Service: Interfering with or disrupting the integrity or performance of the Service or the data contained therein, including through denial-of-service attacks.
  • Data Mining and Harvesting: Using any automated system, including “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period.
  • Impersonation: Impersonating or misrepresenting your affiliation with any person or entity.
  • Unauthorized Use: Accessing or using areas of the Service that you are not authorized to access.

6.2 Compliance with Acceptable Use Policy

You agree to adhere to our Acceptable Use Policy, which is incorporated into these Terms by reference.

6.3 Reporting Violations

If you become aware of any misuse of the Service, including violations of these Terms or the Acceptable Use Policy, you must report it immediately to us at simerse.com/contact.

  1. User Content

7.1 Ownership of User Content

You retain all right, title, and interest in and to your User Content, including all intellectual property rights therein. We do not claim any ownership rights in your User Content.

7.2 Responsibility for User Content

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your User Content. You are also responsible for the use of the Service by any person to whom you have given access to the Service, even if you did not authorize such use.

7.3 License Grant to Us

You grant us a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content solely for the purposes of:

  • Providing the Service and any support or consultation services to you.
  • Maintaining and improving the Service.
  • Generating derived data and analytics, provided that such derived data and analytics do not identify you or contain any personally identifiable information.

7.4 Use of Derived Data and Analytics

We may freely use, exploit, and make available such derived data and analytics for our business purposes, including but not limited to:

  • Improving, testing, operating, promoting, and marketing our products and services.
  • Developing new features and functionalities.

Such derived data and analytics will be aggregated and anonymized, and will not identify you or any individual.

7.5 Transformation of User Content

You acknowledge and agree that we may transform your User Content in a proprietary manner and may retain such proprietary transformations even after the termination of your Account, subject to the confidentiality obligations set forth in these Terms.

7.6 License Grant for Marketing Purposes

You grant us the right to use your name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines that you provide to us from time to time.

At our request, the parties will work together in good faith to develop a customer case study or issue a press release announcing the relationship, subject to mutual agreement on the content.

7.7 Waiver of Moral Rights

To the fullest extent permitted by law, you waive any moral rights or other similar rights you may have in any jurisdiction in your User Content concerning our use of the User Content in accordance with these Terms.

7.8 Feedback

Any suggestions, comments, or other feedback you provide to us regarding the Service (“Feedback”) is entirely voluntary. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose, including improving the Service and developing new products and services, without any obligation or compensation to you.

Providing Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us, notwithstanding anything else.

7.9 Content Monitoring and Security

We will use commercially reasonable efforts to maintain the security and integrity of the Service and your User Content. However, we do not guarantee that unauthorized third parties will never be able to defeat our security measures.

We have the right, but not the obligation, to monitor, review, or edit User Content to ensure compliance with these Terms and Applicable Laws. We may remove or disable access to any User Content at our sole discretion for any reason or no reason.

7.10 Backup of Content

You are solely responsible for maintaining backup copies of your User Content. We are not responsible for the loss or corruption of your User Content.

  1. Intellectual Property Rights

8.1 Our Content and Ownership

As between the parties, we retain all right, title, and interest in and to the Service and all software, products, outputs from the Service, derived data, analytics, works, and other intellectual property and moral rights related thereto or created, used, or provided by us for the purposes of these Terms, including any copies and derivative works of the foregoing (“Company Content”).

No rights or licenses are granted except as expressly set forth in these Terms.

8.2 Limited License to Use the Service

We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Company Content solely for your internal purposes in accordance with these Terms and the functionality of the Service.

8.3 Restrictions

You agree not to:

  • Modify, reverse engineer (except to the extent applicable law prohibits reverse engineering restrictions), decompile, or disassemble any part of the Service or Company Content.
  • Create derivative works based on the Service or Company Content.
  • Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service or Company Content, except as expressly permitted by these Terms.
  • Use the Service or Company Content for any purpose other than as expressly permitted under these Terms.
  • Use any of our intellectual property rights contained in the Service or Company Content for the benefit of any third party.

8.4 Third-Party Software

The Service may include or be distributed alongside certain third-party software, which is subject to its own license terms. By using the Service, you agree to comply with the respective licenses for such third-party software.

8.5 Trademarks

All trademarks, logos, service marks, and trade names displayed on the Service are registered and unregistered trademarks of Simerse or third parties. You may not use any of these marks without the prior written permission of Simerse or the respective owners.

  1. Confidentiality

9.1 Definition of Confidential Information

During your use of the Service, you may receive proprietary information from us (“Proprietary Information”), and we may receive proprietary information from you. Proprietary Information includes, but is not limited to, non-public information regarding features, functionality, and performance of the Service, as well as User Content and any other information designated as confidential.

9.2 Obligations

Each party (the “Receiving Party”) agrees to:

  • Not disclose any Proprietary Information of the other party (the “Disclosing Party”) to any third party without the Disclosing Party’s prior written consent.
  • Use the same degree of care to protect the Disclosing Party’s Proprietary Information as it uses to protect its own confidential information, but in no event less than reasonable care.
  • Use the Proprietary Information solely for the purposes of fulfilling its obligations under these Terms.

9.3 Exceptions

The obligations set forth in this Section do not apply to any information that the Receiving Party can demonstrate:

  • Is or becomes generally available to the public without any action by, or involvement of, the Receiving Party.
  • Was in its possession or known by it prior to receipt from the Disclosing Party.
  • Was rightfully disclosed to it without restriction by a third party.
  • Was independently developed without use of any Proprietary Information of the Disclosing Party.

9.4 Legal Disclosure

Nothing in these Terms will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order and cooperates with the Disclosing Party’s efforts to seek protective measures.

  1. Privacy Policy

We value your privacy and take measures to protect your personal data. By using the Service, you consent to our collection, use, and disclosure of your personal information in accordance with this Privacy Policy.

10.1 Information We Collect

We collect the following types of information:

  • Personal Information: Information that can be used to identify you, such as your name, email address, and payment information.
  • Usage Data: Information about how you interact with the Service, such as your IP address, browser type, operating system, and pages viewed.
  • Cookies and Tracking Technologies: We use cookies and other tracking technologies to enhance your experience and collect data about how you use the Service. (See Section 11 for our detailed Cookie Policy.)

10.2 Use of Personal Information

We use the personal information we collect for the following purposes:

  • To provide, operate, and maintain the Service.
  • To process transactions and subscriptions.
  • To communicate with you, including sending updates, promotions, and marketing messages (which you can opt-out of).
  • To improve the Service and develop new features.
  • To comply with legal obligations, including responding to lawful requests by public authorities.

10.3 Sharing of Information

We do not sell your personal information. We may share your information with:

  • Service Providers: Third-party vendors who help us provide the Service (e.g., hosting, payment processing).
  • Legal Authorities: When required by law, or to protect our rights, property, or users’ safety.

10.4 GDPR and CCPA Compliance

If you are located in the European Economic Area (EEA) or are a California resident, you have rights under GDPR or CCPA, respectively. These rights include access, deletion, and control over your personal data. You may exercise these rights by contacting us at simerse.com/contact.

10.5 Data Security Measures

We implement reasonable technical and organizational measures to protect your personal information. However, no method of transmission over the internet or method of electronic storage is 100% secure.

10.6 Data Transfers

By using the Service, you consent to the transfer of your personal information to countries outside your country of residence, which may have different data protection laws.

10.7 Children’s Privacy

We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to remove that information.

  1. Cookie Policy

11.1 Use of Cookies

We use cookies and similar tracking technologies to enhance your experience on the Service. Cookies are small data files stored on your device.

11.2 Types of Cookies Used

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them) to:

  • Authenticate users.
  • Remember user preferences.
  • Analyze usage patterns.

11.3 Managing Cookies

You can control and delete cookies through your browser settings. However, disabling cookies may affect your ability to use certain features of the Service.

11.4 Cookie Policy Reference

For more detailed information, please refer to our Cookie Policy, which is incorporated into these Terms by reference.

  1. Payment Terms

By subscribing to or purchasing any Paid Services, you agree to the following terms.

12.1 Paid Services

Certain features of the Service require payment of fees (“Paid Services”). If you choose to subscribe to Paid Services, you agree to pay all applicable fees.

12.2 Free Trial

  • Duration: We may offer a Free Trial period of fourteen (14) days to new Users, although we reserve the right to change the duration at our discretion.
  • One Trial Per User: You are entitled to only one Free Trial. Multiple Free Trials are not permitted.
  • Automatic Conversion: Unless you cancel before the end of the Free Trial period, your Free Trial will automatically convert into a paid Subscription, and your payment method will be charged accordingly.
  • Cancellation: You may cancel your Free Trial at any time before it converts to a paid Subscription by following the cancellation procedures provided in the Service.

12.3 Usage Limits

  • Data Usage Limit: Each User is allocated a data usage limit of 10GB per month, which includes total uploads and hosted usage per seat.
  • Overage Policy: Exceeding the 10GB monthly limit (“Overage”) may result in suspension or termination of your Account or suspension of further data access. We may notify you if you are approaching your usage limit.
  • Additional Charges: We reserve the right to impose additional charges for usage beyond the allocated limits. Any such charges will be communicated to you in advance.

12.4 Billing Information

You must provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

12.5 Payment Authorization

By providing payment information, you authorize us to charge all fees incurred through your Account to any such payment instruments.

12.6 Subscription Services

  • Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle (monthly) unless you cancel it before the renewal date.
  • Cancellation: You may cancel your Subscription at any time by following the instructions provided in the Service. Cancellation will take effect at the end of the current billing period.
  • Price Changes: We reserve the right to change Subscription fees for future subscription periods upon reasonable prior notice to you.

12.7 Refunds

Except as required by law or as expressly provided in these Terms, all fees are non-refundable. We may, at our sole discretion, offer refunds or credits in specific situations.

12.8 Late Payments

If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file and/or retaining collection agencies and legal counsel.

12.9 Taxes

All fees are exclusive of taxes, and you are responsible for all applicable sales, use, value-added, or other taxes associated with your purchase.

  1. Commercial Use

13.1 Permitted Use

You are permitted to use the Service for commercial purposes, including but not limited to business, professional, or trade activities.

13.2 Compliance

All commercial use of the Service must comply with these Terms, including but not limited to the Acceptable Use Policy and all Applicable Laws.

  1. Overage and Enforcement

14.1 Monitoring Usage

We reserve the right to monitor your data usage to ensure compliance with the usage limits specified in your Subscription plan.

14.2 Exceeding Usage Limits

If you exceed your allocated data usage limit:

  • Notification: We may notify you that you have exceeded your usage limit.
  • Suspension: We may suspend your access to the Service or certain features until you reduce your usage or upgrade your Subscription.
  • Termination: In cases of excessive or repeated overages, we reserve the right to terminate your Account as provided in Section 15.

14.3 No Liability

We shall not be liable for any loss or damage arising from suspension or termination due to overage.

  1. Termination

15.1 Termination by You

You may terminate your Account and discontinue your use of the Service at any time by following the procedures provided on the Service or by contacting us through simerse.com/contact.

15.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service or cancel your Subscription, at any time and for any reason or no reason, with or without notice, and without liability of any kind. Reasons for such termination may include, but are not limited to:

  • Violation of these Terms or the Acceptable Use Policy.
  • Failure to pay fees owed.
  • Engagement in fraudulent or illegal activities.
  • Exceeding usage limits without corrective action.

15.3 Effect of Termination

Upon termination of your Account:

  • Your right to use the Service will immediately cease.
  • All licenses and other rights granted to you under these Terms will immediately cease.
  • We may delete your User Content and other information associated with your Account.

15.4 Data Retention

We reserve the right to retain or delete your User Content after termination, in accordance with our data retention policies and Applicable Laws.

15.5 Survival of Terms

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (User Content), 8 (Intellectual Property Rights), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), 19 (Governing Law and Jurisdiction), and 20 (Dispute Resolution).

  1. Disclaimers

16.1 “As-Is” Basis

The Service is provided on an “as-is” and “as-available” basis. Your use of the Service is at your sole risk.

16.2 No Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability.
  • Fitness for a particular purpose.
  • Non-infringement.
  • Freedom from computer viruses or other harmful code.

16.3 No Guarantee of Accuracy

We do not warrant that:

  • The Service will meet your specific requirements.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • The results that may be obtained from the use of the Service will be accurate or reliable.
  • Any errors in the Service will be corrected.

16.4 No Responsibility for User Content

We are not responsible for any User Content, nor do we endorse any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with User Content.

16.5 Third-Party Services

We make no warranties or representations about, and disclaim all liability for, any Third-Party Services.

16.6 Beta Features

Some features of the Service may be offered as beta versions (“Beta Features”). Beta Features are provided “as-is” and may contain defects or errors. Your use of Beta Features is at your sole risk.

  1. Limitation of Liability

17.1 Exclusion of Certain Damages

To the maximum extent permitted by law, in no event shall Simerse, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits.
  • Loss of data.
  • Loss of goodwill.
  • Service interruption.
  • Computer damage or system failure.
  • The cost of substitute services.

17.2 Limitation of Liability

In no event shall the total liability of Simerse for all damages exceed the greater of:

  • The amount you have paid to Simerse in the last twelve (12) months.
  • One hundred U.S. dollars ($100).

17.3 Exceptions

The limitations in this Section do not purport to limit liability that cannot be excluded under applicable law, including liability for gross negligence, willful misconduct, or personal injury.

17.4 Applicability

The limitations and exclusions in this Section apply to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

17.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Indemnification

18.1 Your Obligation

You agree to indemnify, defend, and hold harmless Simerse, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

  • Your access to or use of the Service.
  • Your violation of these Terms or the Acceptable Use Policy.
  • Your User Content.
  • Your violation of any third-party right, including any intellectual property or privacy right.
  • Any claim that your User Content caused damage to a third party.
  • Any governmental investigations, fines, or penalties arising from your actions.

18.2 Notification and Cooperation

We will provide you with prompt notice of any such claim, action, or demand. You agree to cooperate fully with us in the defense of any such claim.

18.3 Right to Assume Defense

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

18.4 No Settlement Without Consent

You shall not settle any claim without our prior written consent, which shall not be unreasonably withheld.

  1. Governing Law and Jurisdiction

19.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Missouri, United States, excluding its conflicts of law rules.

19.2 Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within St. Louis County, Missouri, for the resolution of any disputes arising out of or relating to these Terms or the Service.

19.3 Waiver of Objections

You waive any objection based on improper venue or inconvenient forum.

19.4 Exclusion of CISG

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or any transactions under them.

19.5 Local Law Compliance

You are responsible for compliance with all local laws, rules, and regulations that may apply to your use of the Service.

  1. Dispute Resolution

20.1 Informal Negotiations

Before initiating any arbitration or legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us through simerse.com/contact. Both parties agree to negotiate in good faith to resolve the dispute within thirty (30) days.

20.2 Binding Arbitration

If the dispute is not resolved through informal negotiations, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except for matters that may be taken to small claims court.

20.3 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the Consumer Arbitration Rules, as modified by these Terms.

20.4 Arbitration Location and Fees

The arbitration shall take place in St. Louis County, Missouri. If the value of the relief sought is $10,000 or less, you may choose whether the arbitration will be conducted:

  • Solely on the basis of documents submitted to the arbitrator.
  • Through a telephonic hearing.
  • By an in-person hearing as established by the AAA rules.

20.5 Class Action Waiver

You and Simerse agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

20.6 Exception—Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

20.7 Right to Opt-Out

You may opt out of this arbitration agreement by sending a written notice through simerse.com/contact within thirty (30) days of first accepting these Terms.

20.8 Time Limitations

Any Claim arising out of or related to your use of the Service must be filed within one (1) year after such Claim arose; otherwise, the Claim is permanently barred.

  1. International Users and Export Controls

21.1 Compliance with Local Laws

Access to the Service from territories where its contents are illegal is prohibited. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

21.2 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

21.3 Prohibited Users

You represent and warrant that:

  • You and/or your company are not located in a country that is subject to a U.S. Government embargo.
  • You and/or your company are not listed on any U.S. Government list of prohibited or restricted parties.

21.4 Data Transfer

By using the Service, you consent to the transfer of your personal information to the United States and other countries for processing in accordance with our Privacy Policy.

  1. Electronic Communications

22.1 Consent to Electronic Communications

By using the Service, you consent to receive electronic communications from us, including:

  • Notices about your Account.
  • Legal disclosures.
  • Promotional materials, unless you opt out.

22.2 Method of Communication

We may communicate with you by email, SMS/text messages, push notifications, or by posting notices on the Service.

22.3 Legal Requirements

You agree that all electronic communications we provide to you satisfy any legal requirement that such communications be in writing.

22.4 Opting Out

You may opt out of receiving promotional communications by following the unsubscribe instructions provided in the communication or by contacting us at simerse.com/contact.

  1. Miscellaneous Provisions

23.1 Entire Agreement

These Terms, along with the Privacy Policy, Acceptable Use Policy, Cookie Policy, and any other legal notices published by us on the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, or representations.

23.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, reflecting the parties’ intent as closely as possible, and the remaining provisions will remain in full force and effect.

23.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23.4 Assignment

You may not assign or transfer these Terms, or any rights or licenses granted hereunder, without our prior written consent. Any attempted assignment without such consent will be null and void. We may assign these Terms, and our rights and obligations under these Terms, at any time without notice or consent.

23.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, pandemics, war, terrorism, riots, embargoes, natural disasters, strikes, internet outages, or governmental actions.

23.6 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and us.

23.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

23.8 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Simerse. No third party shall have the right to enforce these Terms.

23.9 Equitable Remedies

You acknowledge that any breach or threatened breach of these Terms may cause irreparable harm to us, for which monetary damages may be inadequate, and you agree that we may seek injunctive or other equitable relief to enforce these Terms.

  1. Notices

24.1 Methods of Notice

All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given:

  • When delivered personally.
  • When sent by email to the last known email address.
  • Three (3) days after being sent by registered or certified mail, return receipt requested.
  • One (1) day after being sent by a reputable overnight courier.

24.2 Notices to You

We may provide notices to you through the Service, by email to the email address associated with your Account, or by other reasonable means.

24.3 Notices to Us

Notices to us must be sent through our contact form at simerse.com/contact.

  1. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, please contact us at:

We value your feedback and will make every effort to address your inquiries promptly.

  1. Digital Millennium Copyright Act (DMCA) Compliance

26.1 Notification of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and where it is located on the Service.
  • Contact information for the notifying party, such as an address, telephone number, and email address.
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

26.2 Designated Copyright Agent

Please send DMCA notices to us through our contact form at simerse.com/contact.

26.3 Counter-Notification

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, you may send a counter-notification containing the following information:

  • Your physical or electronic signature.
  • Identification of the content that has been removed and the location where it appeared before it was removed.
  • A statement under penalty of perjury that you have a good faith belief that the content was removed as a result of mistake or misidentification.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in your judicial district, or if outside the U.S., the jurisdiction of any judicial district in which the Service may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  1. Acceptable Use Policy

27.1 Prohibited Content

You agree not to upload, post, transmit, or otherwise make available any User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy.
  • Promotes violence, discrimination, racism, bigotry, hatred, or physical harm against any group or individual.
  • Contains nudity, graphic sexual content, or pornography.
  • Exploits minors or depicts unlawful acts.
  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

27.2 Enforcement

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation, removing the offending content from the Service, suspending or terminating the Account of such violators, and reporting to law enforcement authorities.

  1. Advertising and Promotions

28.1 Right to Display Advertisements

We reserve the right to display advertisements and promotions on the Service. You are not entitled to any compensation for such advertisements.

28.2 Third-Party Advertisements

Your dealings with or participation in promotions of advertisers found on the Service are solely between you and such advertiser. You agree that we are not liable for any loss or claim you may have against any advertiser.

28.3 No Endorsement

We do not endorse, warrant, or guarantee any products or services advertised or offered through the Service by third parties.

  1. Children’s Online Privacy Protection Act (COPPA) Compliance

29.1 No Use by Children Under 18

The Service is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information.

29.2 Parental Controls

We encourage parents and guardians to monitor their children’s internet usage and to help enforce our Terms by instructing their children never to provide personal information through the Service.

  1. Entire Agreement

30.1 Merger Clause

These Terms, including the Privacy Policy, Acceptable Use Policy, Cookie Policy, and any other legal notices published by us on the Service, constitute the complete and exclusive understanding and agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.