Terms of Service

1.Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Customer") and Simulacra AI Solutions Inc., a Deleware corporation ("Simulacra AI," "we," "us," or "our").

These Terms govern your access to and use of:

• the website at simulacraai.io and its subdomains;
• MIMIC, our ad performance simulation platform, including the MIMIC Early Access program; and
• any other software, applications, APIs, documentation, support, and related services we make available (together with the above, the "Services").

By creating an account, clicking "I agree," completing a purchase, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2.Who we are and how to reach us

For any question about your account, a charge, a cancellation, or a refund, email help@simulacraai.io or use our contact form at https://simulacraai.io/contact-us. We aim to respond within [one business day].

3.Description of the Services

MIMIC is a software-as-a-service platform that produces simulated predictions of how advertising creative and campaign configurations may perform. MIMIC uses statistical and machine-learning models, which may include third-party AI models, to generate estimated performance metrics, comparative rankings, diagnostic commentary, and related outputs (collectively, "Outputs") from the creative assets, campaign parameters, audience descriptions, and other materials you submit ("Customer Content").

Mimic and any other Simulacra AI products are also governed by these Terms except where a separate product-specific agreement expressly supersedes them.

We may add, modify, or discontinue features at any time. If we materially reduce the core functionality of a paid plan, Section 25 (Changes to these Terms) applies.

4.Early Access, beta, and development builds

Some or all of the Services — including MIMIC Early Access — are provided as early access, beta, preview, or development builds. You acknowledge and agree that:

• These builds are feature-incomplete and may be unstable, may contain defects, and may change substantially or be withdrawn without notice.
• Availability is not guaranteed. We do not offer a service level agreement (SLA) or uptime commitment for early access builds unless we have agreed to one in a separate signed order form.
• Data may be reset or lost. We may reset environments, delete test data, or migrate accounts during the early access period. You are responsible for maintaining your own copies of Customer Content.
• Features described on marketing pages, roadmaps, or in communications are not commitments. Purchase decisions should be based on functionality available at the time of purchase, not on anticipated features.
• Early access pricing, seat counts, usage allowances, and included features may change at renewal as described in Section 8.

Early access builds are provided AS IS and subject to Sections 20 (Disclaimers) and 21 (Limitation of Liability).

5.Outputs are simulations, not guarantees of advertising performance

This section is important. Please read it carefully.

MIMIC produces estimates and simulations. Outputs are probabilistic model predictions generated from the inputs you supply and from data available to our models. Outputs are not:

• guarantees, warranties, or promises of actual advertising performance;
• assurances of any specific click-through rate, conversion rate, cost per acquisition, return on ad spend, reach, engagement, or revenue;
• financial, investment, legal, medical, or professional advice; or
• a substitute for your own testing, judgment, and compliance review.

Actual advertising results depend on many factors outside our control, including platform algorithms, auction dynamics, seasonality, competitor behavior, audience composition, landing page quality, budget, product-market fit, and changes made by advertising platforms.

You are solely responsible for any decision you make based on an Output, including any decision to run, pause, scale, or spend money on an advertising campaign. You agree that Simulacra AI is not liable for advertising spend, lost revenue, lost profits, or opportunity costs arising from reliance on Outputs. See Section 21.

AI-generated Outputs may also be inaccurate, incomplete, or misleading. You should independently review Outputs before relying on them, and you must not present Outputs to third parties as verified performance data or as statements attributable to Simulacra AI.

6.Eligibility and accounts

You must be at least 18 years old and legally able to form a binding contract to use the Services. The Services are intended for business and professional use and are not directed to children.

You agree to:

• provide accurate, current, and complete registration and billing information;
• keep your account credentials confidential;
• notify us promptly at help@simulacraai.io of any unauthorized use; and
• be responsible for all activity under your account, including the activity of your employees, contractors, and authorized users.

You may not share a single-user account across multiple individuals, resell access, or circumvent seat, usage, or rate limits.

7.Acceptable use

You agree not to, and not to permit any third party to:

1. use the Services in violation of any applicable law, regulation, or third-party right;
2. upload Customer Content you do not have the rights to use, including third-party trademarks, copyrighted creative, or licensed media, without authorization;
3. submit personal data beyond what is reasonably necessary, or submit sensitive categories of personal data (including health, financial account, biometric, precise geolocation, or government ID data) unless we have agreed in writing to receive it;
4. use the Services to create, evaluate, or optimize advertising for content that is unlawful, fraudulent, deceptive, defamatory, or that promotes hate, harassment, violence, self-harm, or the sexual exploitation of minors;
5. use the Services to generate advertising claims you know or should know to be false or unsubstantiated;
6. reverse engineer, decompile, or attempt to derive the source code, model weights, architecture, or training data of the Services, except to the extent this restriction is unenforceable under applicable law;
7. use the Services, or Outputs, to develop, train, or improve a competing product or model, or to benchmark the Services for public comparison without our prior written consent;
8. scrape, crawl, or use automated means to access the Services outside of documented APIs;
9. probe, scan, or test the vulnerability of the Services, or circumvent any security or authentication measure;
10. interfere with, overload, or degrade the Services or the infrastructure supporting them; or
11. remove, obscure, or alter any proprietary notice.

We may investigate suspected violations and may suspend or terminate access under Section 19.

8.Plans, fees, and billing

8.1Pricing and plans

Current pricing, plan tiers, usage allowances, and billing frequency are shown on our pricing page at https://simulacraai.io/mimic-ea and on the checkout page at the time of purchase. The plan details presented to you at checkout govern your purchase.

8.2Payment processing (Stripe)

We use Stripe, Inc. ("Stripe") as our payment processor. By submitting payment information, you authorize us and Stripe to charge your selected payment method for all amounts due. Your use of Stripe's payment services is subject to Stripe's own terms and privacy policy, available at https://stripe.com/legal and https://stripe.com/privacy.

We do not store full payment card numbers. Card data is transmitted directly to and stored by Stripe.

8.3Recurring billing and automatic renewal

If you purchase a subscription plan:

• Your subscription renews automatically. It will renew at the end of each billing period (monthly) at the then-current rate, and your payment method will be charged automatically, until you cancel.
• The amount, currency, and billing frequency applicable to your plan are disclosed to you at checkout before you provide payment information, and are restated in your receipt.
• You may cancel at any time through the Stripe customer portal link in your receipt, or by emailing help@simulacraai.io. Cancellation instructions are also included in every billing receipt.
• Cancellation takes effect at the end of the current billing period. You retain access until that date. See Section 9.
• You will receive an electronic receipt for each charge, which includes the amount, the date, the billing period covered, and a link to cancel or manage your subscription.

8.5Taxes

Fees are exclusive of sales, use, VAT, GST, and similar taxes. You are responsible for all such taxes other than taxes on our net income. Where we are required to collect tax, it will be added to your invoice.

8.6Price changes

We may change pricing. For subscriptions, we will give you at least [30] days' notice by email before a price change takes effect, and the change will apply at your next renewal. If you do not accept the change, you may cancel before the renewal date.

8.7Failed payments and late amounts

If a charge fails, we may retry it. We may suspend or downgrade your access if amounts remain unpaid for [10] days after the due date. You remain responsible for amounts accrued before suspension. Undisputed past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

8.8Currency

All amounts are stated and charged in [US Dollars (USD)] unless otherwise indicated at checkout.

9.Cancellation policy

You may cancel at any time. There is no cancellation fee and no minimum commitment beyond the current billing period, unless you have signed a separate order form with a stated term.

How to cancel:

1. Self-service: Use the Manage subscription link in any billing receipt.
2. By email or contact form: Send a cancellation request to help@simulacraai.io from the email address on your account, or submit it at https://simulacraai.io/contact-us. We will process it within 3 business days and send written confirmation.

What happens when you cancel:

• Your subscription remains active until the end of the billing period you have already paid for. It will not renew after that.
• Fees already paid for the current period are not refunded except as described in Section 10 or as required by law.
• After your access ends, we will retain your Customer Content for [30] days so you can request an export, after which we may delete it. See Section 12.5.

Cancellation by us: We may cancel or decline to renew your subscription on [30] days' notice, in which case we will refund any prepaid, unused fees on a pro-rata basis.

10.Refund and dispute policy

10.1Standard refund window

Money-back guarantee. If you are not satisfied, you may request a full refund of your most recent payment within 14 days of that charge by emailing help@simulacraai.io. No reason is required.

10.2Always-available refunds

Regardless of the option above, we will refund:

• duplicate charges and charges made in error;
• charges made after a valid cancellation was received; and
• any amount we are required by law to refund.

10.3How to request a refund

Email help@simulacraai.io, or use our contact form at https://simulacraai.io/contact-us, with your account email and the date and amount of the charge. We will review and respond within [3 business days]. Approved refunds are issued to the original payment method and typically appear within [5–10 business days], depending on your bank or card issuer.

10.4Chargebacks and disputes

Please contact us before filing a chargeback. Most billing issues can be resolved quickly and directly. If you initiate a chargeback or payment dispute, we may suspend your account while the dispute is pending, and we may provide your account and transaction records to Stripe and the card networks as evidence. If a dispute is resolved in our favor, we may reinstate the amount owed, along with any dispute fees we incurred, before restoring access.

10.5Partial periods and usage

Except as stated above, we do not provide refunds or credits for partial billing periods, unused seats, unused usage allowances, or periods during which you did not use the Services.

11.Customer Content and data

11.1Your ownership

You retain all right, title, and interest in your Customer Content. We claim no ownership of your creative assets, campaign data, or business information.

11.2License to us

You grant Simulacra AI a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process Customer Content solely to provide, secure, support, and maintain the Services for you, and to create aggregated, de-identified data as described in Section 11.4.

11.3Your responsibilities

You represent and warrant that you have all rights, licenses, and permissions necessary to submit Customer Content and to grant the license above, and that our processing of Customer Content in accordance with these Terms will not violate any law or third-party right.

11.4Model training and aggregated data

No training on Customer Content. We do not use your Customer Content to train, fine-tune, or improve our models or any third-party model. We may generate aggregated, de-identified statistics that do not identify you, your customers, or your creative, and use them to operate and improve the Services.

11.5Retention and deletion

We retain Customer Content while your account is active and for [30] days after termination, after which we may delete it. You may request deletion at any time by emailing help@simulacraai.io. Backups and archival copies may persist for up to [90] days before being overwritten in the ordinary course.

11.6Privacy

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. If you submit personal data of your end users or customers to the Services, you are the controller and we are the processor; a Data Processing Addendum is available on request at help@simulacraai.io.

12.Outputs and intellectual property

12.1Outputs

Subject to your compliance with these Terms and payment of applicable fees, you own the Outputs generated for your account and may use them for any lawful business purpose. Because Outputs are generated by models, similar or identical Outputs may be generated for other customers, and we make no representation that Outputs are unique or protectable.

12.2Our intellectual property

The Services — including all software, models, model weights, algorithms, user interfaces, documentation, and the Simulacra AI, MIMIC, and ABMASS names and logos — are owned by Simulacra AI or its licensors and are protected by intellectual property laws. Except for the limited right to use the Services granted here, no rights are granted to you, by implication or otherwise.

12.3License grant to you

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during your subscription term for your internal business purposes.

12.4Feedback

If you send us suggestions, feature requests, bug reports, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation. Feedback is provided voluntarily and is not confidential.

13.Third-party services and advertising platforms

The Services may integrate with or reference third-party services, including advertising platforms (for example, Meta, Google Ads, TikTok, LinkedIn), analytics providers, and AI model providers.

• Your use of any third-party service is governed by that provider's own terms, and you are responsible for complying with them, including their advertising policies and data-use rules.
• If you connect a third-party account, you authorize us to access and process data from that account as needed to provide the Services.
• We are not responsible for third-party services, their availability, their accuracy, or any changes they make (including API changes that may degrade or disable an integration).
• Simulacra AI and MIMIC are not affiliated with, endorsed by, or sponsored by any advertising platform. Platform names and marks are the property of their respective owners and are used only for identification.

14.Confidentiality

Each party may receive non-public information of the other. Each party will use the other's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors with a need to know who are bound by comparable obligations, or as required by law (with notice to the other party where legally permitted). Confidentiality obligations survive for [3] years after termination, and indefinitely for trade secrets.

15.Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Content. No system is completely secure, and we do not guarantee that the Services will be free from unauthorized access. You are responsible for securing your own credentials and endpoints. Report suspected vulnerabilities to help@simulacraai.io.

16.Export controls and restricted use

You represent that you are not located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list (including the Specially Designated Nationals list, the Entity List, or the Denied Persons List). You agree not to export, re-export, or make the Services available in violation of U.S. export control or sanctions laws.

You may not use the Services in connection with nuclear, chemical, or biological weapons development, or any other prohibited end use under applicable export regulations.

17.Compliance with advertising law

You are solely responsible for ensuring that any advertising you create, evaluate, or run — whether or not informed by Outputs — complies with applicable law, including the Federal Trade Commission Act and FTC advertising guidance, state consumer protection and automatic-renewal statutes, applicable data protection law, and the policies of any platform on which you advertise. Simulacra AI does not review your advertising for legal compliance and provides no legal advice.

18.Term, suspension, and termination

These Terms begin when you first access the Services and continue until terminated.

You may terminate at any time by cancelling under Section 9 and ceasing use.

We may suspend or terminate your access, in whole or in part, immediately and without liability if:

• you materially breach these Terms, including Section 7 (Acceptable Use);
• your payment is overdue as described in Section 8.7;
• we reasonably believe your use poses a security, legal, or reputational risk to us, other customers, or third parties; or
• we are required to do so by law or by a payment network, payment processor, or infrastructure provider.

Where practical and lawful, we will give notice and an opportunity to cure.

On termination: your license to use the Services ends immediately; you may request an export of Customer Content within [30] days; and Sections 5, 8 (for accrued amounts), 10.4, 11.1, 11.3, 12.2, 12.4, 14, 19, 20, 21, 22, and 24 survive.

19.Disclaimers

THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

To the maximum extent permitted by law, Simulacra AI disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• the Services will be uninterrupted, timely, secure, or error-free;
• Outputs will be accurate, complete, reliable, or predictive of actual advertising performance;
• defects will be corrected; or
• the Services will meet your requirements or produce any particular business result.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

20.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) No indirect damages. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, advertising spend, or loss of data, even if advised of the possibility of such damages.

(b) Cap. Each party's total aggregate liability arising out of or relating to these Terms will not exceed the greater of (i) the amounts you paid to Simulacra AI in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US$100).

(c) Exclusions. The limits in (a) and (b) do not apply to your payment obligations, your indemnification obligations under Section 21, your breach of Section 7 (Acceptable Use) or Section 12.2 (our intellectual property), or to liability that cannot be limited by law.

(d) Basis of the bargain. These limitations are a fundamental element of the pricing and the agreement between us and apply even if a limited remedy fails of its essential purpose.

21.Indemnification

You will defend, indemnify, and hold harmless Simulacra AI and its officers, directors, employees, and agents from and against any third-party claim, and any resulting losses, damages, liabilities, settlements, and reasonable attorneys' fees, arising out of or relating to:

1. your Customer Content, including any claim that it infringes or misappropriates a third-party right;
2. your advertising, products, services, or business practices;
3. your use of Outputs;
4. your breach of these Terms or violation of applicable law; or
5. your violation of a third-party platform's terms or policies.

We will notify you of the claim, give you control of the defense (except that you may not settle in a way that imposes obligations on us without our consent), and provide reasonable cooperation at your expense.

22.Governing law and dispute resolution

22.1Governing law

These Terms are governed by the laws of the State of Alabama, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods.

22.2Informal resolution first

Before filing a claim, you agree to contact us at help@simulacraai.io and attempt in good faith to resolve the dispute informally for [30] days.

22.3Venue

CLASS ACTION WAIVER. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

22.4Time limit

Any claim must be brought within [one (1) year] after it arises, or it is permanently barred, except where a longer period is required by law.

23.Changes to these Terms

We may update these Terms. If a change is material, we will provide notice by email to your account address and/or by a prominent notice in the Services at least [30] days before it takes effect. Changes apply prospectively, from the effective date, and to renewals occurring after that date.

Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, cancel under Section 9 before the effective date; we will refund any prepaid, unused fees for the period after cancellation.

We will update the "Last updated" date at the top of this page and maintain prior versions, made available upon request.

24.General

Entire agreement. These Terms, together with the Privacy Policy and any order form or product-specific terms you have accepted, are the entire agreement between us and supersede all prior discussions. Any purchase order or vendor terms you issue are of no effect.

Order of precedence. If there is a conflict, a signed order form controls over these Terms, and these Terms control over other materials.

No waiver. Failure to enforce a provision is not a waiver of it.

Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder stays in effect.

Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets, with notice to us. We may assign freely.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet or infrastructure outages, provider failures, natural disasters, labor disputes, or governmental action. This does not excuse payment obligations.

Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, employment, or agency relationship.

Notices. We may send notices to the email on your account or post them in the Services. Notices to us must go to help@simulacraai.io and, for formal legal notice, by mail to Simulacra AI Solutions Inc., 668 Meadowbrook Drive, Auburn, AL 36830, USA.

Publicity. You grant us the right to identify you as a customer and use your name and logo on our website and marketing materials; you may revoke this by emailing help@simulacraai.io.

Headings. Headings are for convenience only and do not affect interpretation.

U.S. Government users. The Services are "commercial computer software" under FAR 12.212 and DFARS 227.7202. Government use is subject to these Terms.

25.Contact

Simulacra AI Solutions Inc. 668 Meadowbrook Drive Auburn, AL 36830 United States

All inquiries — support, billing, privacy, security, and legal notices — may be sent to help@simulacraai.io or submitted through our contact page at https://simulacraai.io/contact-us.

Formal legal notice must also be sent by mail to the registered address above.