Terms of Use for Simulacrum Website and Services

Last Updated: October, 2025

These Terms of Use ("Terms") govern your access to and use of services provided by Simulacrum, Inc., ("SIMULACRUM") including API, Tempo™ platform, software, tools, documentation, and the Simulacrum website (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. Individual users please review our Privacy Policy, which outlines how we collect, use, and safeguard your personal data.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: When you agree and accept these Terms and Conditions you are agreeing to resolve any dispute between you and SIMULACRUM through binding, individual, private arbitration rather than in court. Class actions are prohibited. Please review carefully Section 12 below for details regarding the binding waiver of your right to resolve disputes in court in favor of private arbitration.

Website Terms of Use

1. Use of the Website.

The Website is intended to be accessed only by natural persons who are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Website without notice if we believe you are less than 18 years old. By using the Website, you represent and warrant that, you are a natural person, you are 18 or older, and that you and your employer or company that you represent agree to and will abide by all of the terms and conditions of these Terms of Use.

The Website is intended for use in North America. We make no representation that the Website is appropriate or available for use outside North America. Similarly, we make no representations that accessing the Services from locations outside North America is legal or permissible by local law. If you access the Services from areas outside of North America, you do so at your own risk and are yourself responsible for compliance with local laws.

2. Use Restrictions.

Without our prior written consent, you may not:

Use any automated means to access this Website or collect any information from the Website for the purpose of hacking, penetration testing, reproducing the Website and/or replicating the Website (including, without limitation, by using robots, spiders, scripts, or other automatic devices or programs for the aforementioned purposes);
Frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website pages, or otherwise affect the display of any pages on the Website;
Engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
Use the Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
Access, use or monitor our Website for benchmarking or any competitive purposes.

3. User Representations.

Parts of the Website may be accessed only by registering for an account and creating a password, which may include the ability to create a profile and other relevant information regarding yourself and or company you represent. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.

Except where authorized by us, you agree not to use the Website to:

Register for more than one user account, register or operate a user account on behalf of another person other than the company you represent.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information of any third party;
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or use or attempt to use another's account without authorization from that person, or create a false identity through the Website.

4. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information ("Submissions"), provided by you to us through the Website is non-confidential and shall become the sole property of SIMULACRUM. SIMULACRUM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Services Terms of Use

5. Usage Requirements

Use of Services. Simulacrum grants you a non-exclusive, non-transferable license to access and use the Services, subject to these Terms and all applicable laws. All rights not explicitly granted to you are reserved by SIMULACRUM and its licensors.

Feedback. We value feedback and may use your suggestions or ideas without obligation or compensation.

Restrictions. You may not:

Violate laws or third-party rights using the Services;
Attempt to discover the source code or reverse-engineer the Services;
Use the Services to create competing models;
Use automated methods (e.g., scraping) without permission;
Misrepresent the origin of generated content;
Share or resell access credentials or API keys;
Submit personal data of children under 13.

Third-Party Services. Your use of any third-party software, applications, or services in connection with the Services is subject to the terms and conditions of those third parties. SIMULACRUM is not responsible for, and does not endorse or assume any liability for, such third-party services.

Service Availability. While we strive to maintain high availability, we do not guarantee uninterrupted or error-free access to the Services. Temporary outages may occur due to scheduled maintenance, system updates, technical issues, or events beyond our control, including those described in Section 13.10 Force Majeure.

6. Content and Ownership

Content of Organizational Users, Individual Users, Use to Improve Services, Beta Features & Accuracy as described in the original document...

7. Usage Tiers and Credits

Free Access, Paid Access, Pre-Paid Credits as described in the original document...

8. Fees and Payments

Fees and Billing, Taxes, Price Changes, Free Tier, etc...

9. Confidentiality and Security

Confidentiality, Security, Data Protection...

10. Term and Termination

Termination policies...

11. Disclaimers, Indemnification, and Limitation of Liability

Disclaimers, Indemnification for Organizations, Limitation of damages and liability, legal notes...

12. Dispute Resolution

Details on arbitration, class action waiver, exceptions, costs, venue, etc...

13. General Terms

Independent contractors, IP matters, assignment, changes, notices, export, equitable relief, force majeure, entire agreement, survival, governing law.

For the full details, refer to the text above. If you have questions, please contact support@smlcrm.com.