Terms of Service

1. Introduction & Acceptance

Welcome to SimGram! These Terms of Service ("Terms") constitute a legally binding agreement between you and SimGram ("we," "us," or "our") governing your access to and use of the SimGram iOS application, website, and all related services (collectively, the "Service").

By downloading, installing, or using SimGram, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 13 years of age to use SimGram. By using the Service, you represent and warrant that:

• You are at least 13 years old
• If you are between 13 and 18 years old, you have obtained parental or guardian consent to use the Service
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable law

We reserve the right to terminate accounts of users found to be under the age of 13.

3. Account Registration

Certain features of SimGram require an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Keep your account information up to date
• Maintain the confidentiality of your login credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately at [email protected] if you suspect unauthorized use of your account

You may not create an account on behalf of another person without authorization. You may not transfer your account to another person.

You may browse and view content without an account. An account is required to create content, follow other users, like posts, leave comments, and use AI generation features.

4. User Content

You retain ownership of any original content you submit, post, or display on or through SimGram ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and perform your User Content solely for the purposes of operating, improving, and promoting the Service.

This license continues for as long as your content remains on the platform and terminates when you delete your content or account, except to the extent your content has been shared by others.

Content Guidelines

You agree that you will not create, post, or share content that:

• Violates any applicable law or regulation
• Infringes on the intellectual property rights of any third party
• Is defamatory, abusive, threatening, harassing, or hateful
• Contains sexually explicit, pornographic, or obscene material
• Promotes or glorifies violence, self-harm, or illegal activities
• Contains malware, viruses, or any code designed to disrupt or damage systems
• Attempts to phish, scam, or defraud other users
• Violates the privacy of any individual (e.g., non-consensual sharing of private information)

We reserve the right to remove any content that violates these guidelines without prior notice.

5. Acceptable Use

You agree not to use SimGram for any illegal or unauthorized purpose. Specifically, you must not:

• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service or any account, computer system, or network
• Transmit worms, viruses, Trojan horses, or any other malicious code
• Attempt to reverse engineer, decompile, or extract our AI models or proprietary systems
• Use automated bots, scrapers, or scripts to access the Service in a manner that exceeds normal usage
• Artificially inflate engagement metrics (likes, follows, views)
• Create fake accounts or impersonate any person or entity
• Bypass, circumvent, or attempt to circumvent any security feature or rate limit
• Use the Service to send unsolicited commercial messages (spam)

6. AI-Generated Content

SimGram uses AI to generate interactive web content based on your natural language prompts. You acknowledge and agree that:

• Quality: AI-generated content may contain errors, unexpected behavior, or imperfections. We strive for quality but cannot guarantee that all generated content will be error-free or suitable for all audiences
• Ownership: You own the content you generate, subject to the license granted to us under Section 4. You are responsible for reviewing generated content before publishing it
• Responsibility: You are solely responsible for the prompts you submit and for any content you publish. Do not submit prompts intended to generate harmful, illegal, or policy-violating content
• No guarantees: We do not guarantee that generation will always succeed or produce the desired output

Third-Party AI Provider: OpenRouter

SimGram partners with OpenRouter (openrouter.ai) as our AI service provider. When you use AI generation features:

• Your text prompts and relevant conversation context are transmitted to OpenRouter for processing
• OpenRouter processes your data solely to generate content on our behalf
• OpenRouter does not use your data to train AI models
• By using the AI generation features, you consent to the transfer of your prompts to OpenRouter

You can review OpenRouter's privacy policy at: openrouter.ai/privacy

7. Credits, In-App Purchases & Payments

SimGram uses a credit system for AI content generation. Credits can be purchased through Apple In-App Purchases.

In-App Purchases

• All purchases are processed by Apple and are subject to Apple's Payment Terms
• Prices are displayed in your local currency as determined by the App Store
• We reserve the right to change credit prices with reasonable notice to users

Credit Terms

• Non-refundable: Purchased credits are non-refundable except as required by applicable law or Apple's refund policies
• No expiration: Credits do not expire while your account remains in good standing
• Account termination: Credits are forfeited if your account is terminated for violation of these Terms
• No cash value: Credits have no cash value and cannot be transferred between accounts or redeemed for cash

Refund Requests

For refund requests related to In-App Purchases, please use Apple's standard refund process through the App Store. For other billing inquiries, contact us at [email protected].

8. Apple App Store Terms

You acknowledge and agree to the following with respect to our iOS application:

• License: Your license to use the SimGram iOS app is limited to a non-transferable license to use the app on any Apple-branded products you own or control, as permitted by the App Store Terms of Service
• Maintenance and Support: Apple has no obligation to provide any maintenance or support services for the SimGram app. We are solely responsible for any product warranties, whether express or implied
• Product Claims: SimGram, not Apple, is responsible for addressing any claims relating to the app, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
• Intellectual Property: In the event of any third-party intellectual property infringement claim, SimGram, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim
• Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary
• App Store Rules: You must also comply with all applicable third-party terms of agreement when using the Service (e.g., your wireless data service agreement)

9. Intellectual Property

The SimGram name, logo, app design, proprietary technology (including our AI generation systems), and all original content created by us are owned by SimGram and are protected by copyright, trademark, and other applicable intellectual property laws. You may not use our trademarks, logos, or service marks without our prior written consent.

If you believe content on SimGram infringes your copyright, please contact us at [email protected] with a description of the claimed infringement.

10. Privacy

Your use of SimGram is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using SimGram, you consent to our collection and use of your data as described in the Privacy Policy.

11. Third-Party Services & Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party services. Your interactions with third-party services are solely between you and that third party.

SimGram uses third-party AI services to generate content. While we vet our providers, we are not responsible for the output of third-party AI systems beyond our reasonable control.

12. Limitation of Liability

To the maximum extent permitted by applicable law, SimGram and its officers, directors, employees, and agents shall not be liable for any:

• Indirect, incidental, special, exemplary, or consequential damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from AI-generated content or errors therein
• Damages resulting from unauthorized access to or alteration of your account or content
• Damages from any conduct or content of any third party on the Service
• Any interruption, suspension, or termination of the Service

Our total aggregate liability to you for any claims arising from these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid us in the 12 months prior to the claim, or (b) USD $100.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate, appropriate, or suitable for any purpose
• Any defects or errors will be corrected
• The Service or servers are free of viruses or other harmful components

14. Dispute Resolution

We encourage you to contact us first at [email protected] or via our contact form to resolve any dispute informally before initiating formal proceedings.

Binding Arbitration: For users in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring claims in small claims court if they qualify. The arbitration will be administered by a recognized arbitration organization under its applicable rules.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. You waive the right to participate in a class action lawsuit or class-wide arbitration.

Exception: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

15. Termination

We may terminate or suspend your account and access to the Service at any time, with or without cause or notice, including for:

• Breach of these Terms or our community guidelines
• Conduct we determine is harmful to other users, the platform, or third parties
• Legal requirements or government requests
• Extended periods of inactivity (we will provide advance notice)

You may delete your account at any time by contacting us at [email protected] or using the in-app account deletion option. Upon termination, your license to use the Service ends, and any unused credits may be forfeited if the termination is due to a Terms violation.

Sections 4, 9, 12, 13, 14, and 16 of these Terms survive termination.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. For users outside the United States, mandatory local laws of your jurisdiction may also apply.

Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on this page with a revised "Last updated" date
• Notify you via an in-app notification or email for significant changes

Your continued use of SimGram after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

18. General Provisions

• Entire Agreement: These Terms (together with the Privacy Policy) constitute the entire agreement between you and SimGram regarding the Service, superseding any prior agreements
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely
• No Agency: These Terms do not create any partnership, joint venture, or agency relationship between you and SimGram

19. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please reach out — we're here for you!

• 📧 Email us: [email protected]
• 💬 Contact form: simgram.net/contact

We aim to respond to all inquiries within 5 business days.