Terms of Use

1. Account and Eligibility

You must be at least the age of majority in your jurisdiction and capable of entering into a binding contract. You are responsible for your account credentials and for all activities under your account.

2. Subscriptions, Trials, and Billing

Access to certain features requires a paid subscription. Unless stated otherwise, subscriptions renew automatically until canceled. You authorize us and our payment processors to charge all applicable fees, taxes, and any overages. If offered, trials convert to paid plans at the end of the trial unless canceled beforehand. Fees are non-refundable except where required by law or as expressly stated in a Service-specific policy.

3. Acceptable Use

You agree not to (and not to allow others to):

• Violate any applicable law or regulation.
• Infringe intellectual property, privacy, or other rights.
• Upload or transmit malware, spam, or illegal content.
• Attempt to probe, scan, or test the vulnerability of the Services or circumvent security or rate limits.
• Misuse APIs, exceed fair use, or interfere with normal operation.

We may suspend or terminate access for violations.

4. Your Content and Licenses

You retain ownership of content you submit to the Services ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Content as necessary to provide, secure, and improve the Services and to comply with law. You represent and warrant that you have all rights necessary to grant this license.

Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.

5. Third-Party Services and Integrations

The Services may interoperate with third-party products or services. Your use of third-party services is governed by their terms and privacy policies. We are not responsible for third-party services.

6. Beta Features

We may label certain features as alpha, beta, or preview. Such features are provided "as is," may change without notice, and may be discontinued at any time.

7. Privacy

Our Privacy Policy explains how we collect and use personal information. By using the Services, you acknowledge the Privacy Policy.

8. Confidentiality

Each party may receive non-public information from the other that is marked or reasonably understood to be confidential ("Confidential Information"). The receiving party will use the same degree of care it uses to protect its own confidential information (and at least a reasonable degree of care) to protect the other party's Confidential Information and will use it only for purposes consistent with these Terms.

9. Security and Data Processing

We implement technical and organizational measures designed to protect the Services. If a data processing agreement (DPA) is required by law, it forms part of these Terms when executed by the parties.

10. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SUBSIMO NOR ITS SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SUBSIMO FOR THE SERVICES DURING THAT PERIOD.

Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted.

12. Indemnification

You will defend, indemnify, and hold harmless Subsimo and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Content, your use of the Services, or your violation of these Terms.

13. Suspension and Termination

We may suspend or terminate access to the Services immediately if you breach these Terms, create risk or possible legal exposure, or for scheduled or emergency maintenance. You may stop using the Services at any time. Upon termination, your right to access the Services ceases, but provisions that by their nature should survive will survive (e.g., Sections 4–12).

14. Modifications

We may modify these Terms from time to time. We will post the updated Terms with a new "Effective Date." If changes materially affect your rights, we will provide additional notice as required by law. Your continued use of the Services after the Effective Date constitutes acceptance.

15. Export and Compliance

You must comply with all applicable export control and sanctions laws and anti-corruption laws. You represent that you are not located in, or a resident of, a country or region subject to comprehensive sanctions, and are not a prohibited party under applicable sanctions lists.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

17. Miscellaneous

These Terms constitute the entire agreement between you and Subsimo regarding the Services and supersede prior agreements. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. Neither party is liable for failures due to events beyond its reasonable control (force majeure). Notices may be delivered by email or through the Services.

Contact: legal@subsimo.com