These Terms of Service ("Terms") are a binding legal agreement between you ("User," "you") and SimSurveys, LLC, an Illinois limited liability company ("SimSurveys," "we," "us," or "our"). By checking the box and clicking "I Agree," creating an account, or using the SimSurveys SaaS platform (the "Services"), you agree to these Terms. If you do not agree, you may not use the Services.
1. Eligibility and Accounts
The Services are offered to both individuals and businesses.
A valid credit card is required to create and maintain an account.
You must provide accurate registration information, including your real name, and keep it updated.
You are responsible for maintaining the security of your account credentials and for all activity under your account.
2. Use of Services
You may use the Services to create projects, manage accounts, generate synthetic survey data, and run reports.
You may sell or deliver outputs (questionnaires, synthetic data, reports) to your clients.
You may not:
- Reverse engineer, decompile, or attempt to extract the platform's models, algorithms, or source code.
- Use the Services for unlawful purposes or in violation of these Terms.
- Share access credentials with unauthorized parties.
3. Synthetic Data and Limitations
All generated data is synthetic and does not represent real individuals.
Synthetic data is intended for research and marketing research purposes only.
It must not be used for clinical decision-making, patient care, or any use that could impact health outcomes.
We provide statistical accuracy measures (KL divergence, Jensen-Shannon, Chi-Square tests) for informational purposes only. We do not guarantee accuracy or completeness.
4. Ownership of Content and Models
Platform and Technology. SimSurveys retains all rights in the Services, including all software, models, and algorithms.
Outputs. You are granted an exclusive, non-transferable license to use outputs (synthetic data, questionnaires, reports) for your own business purposes, including resale to your clients. Ownership remains with SimSurveys.
Custom Panels. If you provide training data for custom panels:
- You retain ownership of your raw training data.
- SimSurveys owns all resulting models and enhancements.
- You are granted an exclusive license to use custom models only within the SimSurveys platform.
- SimSurveys may incorporate model weights and learnings into its general modeling framework.
Separate Agreements. For enterprise or negotiated clients, these rules apply unless superseded by a separate written contract.
5. Payment and Fees
Fees are charged on a pay-per-use basis and automatically billed to your credit card on file.
Pricing, credit rules, and policies are described in the Guidelines & Fair Use Policy, incorporated into these Terms by reference.
Refunds. No refunds are provided. For your first project only, if unsatisfied, your $1,000 fee will be applied as a credit toward a refinement run.
AI Usage and Billing
Each project includes $20 of complimentary AI assistance for setup, validation, and reporting.
Once this allowance is reached, continued use of AI features requires the purchase of additional AI credits, which can be added in fixed increments of $5 or $10 directly within the application. Credits are applied immediately upon purchase.
All AI credits are non-refundable, non-transferable, and apply only to the active project in which they are purchased. Unused credits expire automatically when the project is completed or closed.
Users will receive clear in-app notifications as they approach the end of their included AI credit balance and can add more credits at any time. All credit purchases are billed automatically to the payment method on file.
6. Suspension and Termination
We may suspend or terminate your account for misuse, violation of these Terms, or non-payment.
Upon termination, your right to use the Services ends.
We may retain project data after termination as described in our Privacy Policy and Security & Compliance Policy.
7. Disclaimers
The Services are provided "AS IS" without warranties of any kind, express or implied.
We disclaim all warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.
8. Limitation of Liability
To the fullest extent permitted by law, SimSurveys shall not be liable for any indirect, incidental, special, or consequential damages.
Our total liability for any claim shall not exceed the lesser of (i) the fees you paid for the project giving rise to the claim, or (ii) the total fees paid in the twelve (12) months preceding the claim.
9. Privacy and Security
Your use of the Services is also governed by our Privacy Policy, Security & Compliance Policy, and Guidelines & Fair Use Policy, each incorporated into these Terms by reference.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in Chicago, Illinois.
You waive any right to participate in class actions or representative proceedings.
11. Indemnification
You agree to indemnify, defend, and hold harmless SimSurveys, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:
- Your use of the Services in violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any content or data you provide or generate using the Services
- Your negligent or wrongful conduct
12. Beta Features and Experimental Services
We may offer features labeled as "beta," "experimental," "preview," or similar designations. These features:
- Are provided on an "as-is" basis and may contain bugs or errors
- May be modified, discontinued, or removed at any time without notice
- Are not subject to the same service level commitments as our standard Services
- Should not be used for production or critical business purposes
13. Force Majeure
SimSurveys shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather
- War, terrorism, civil unrest, or government action
- Internet or telecommunications failures
- Power outages or infrastructure failures
- Third-party service provider failures
14. Survival
The following provisions shall survive termination of these Terms:
- Ownership of Content and Models (Section 4)
- Payment and Fees (Section 5)
- Disclaimers (Section 7)
- Limitation of Liability (Section 8)
- Indemnification (Section 11)
- Governing Law and Dispute Resolution (Section 10)
15. Changes to Terms
We may update these Terms from time to time by posting the updated version on our website.
Continued use of the Services after the effective date constitutes acceptance.
16. Contact
For questions, contact us at:
- Email: jlf@simsurveys.com
- Website: simsurveys.com/contact