SIMULENCE TERMS OF SERVICE

Effective Date: February 12, 2026

Company: Devmance LLC, a California limited liability company

1. INTRODUCTION AND ACCEPTANCE

Thank you for using Simulence! These Terms of Service ("Terms") govern your use of Simulence's AI identity evolution platform, including our website, mobile applications, and all related services (collectively, the "Services"). These Terms form a binding legal agreement between you and Devmance LLC ("Simulence," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms, our Service Terms and Usage Policy, and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Our Privacy Policy explains how we collect and use personal information and is available at /privacy-policy. Although it does not form part of these Terms, it is an important document that you should read.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Minimum Age Requirement

You must be at least 13 years old to use our Services. If you are under 18 years old, you must have your parent or legal guardian's permission to use the Services and they must agree to these Terms on your behalf.

During registration, you will be asked to provide your date of birth. This information is used to verify that you meet our minimum age requirement and to provide age-appropriate safety features. If you are under 13, you will not be able to create an account. Users between 13 and 17 ("minor users") will receive enhanced safety protections as described in Section 2.4.

2.2 Account Registration

To access most features of our Services, you must create an account. You agree to:

If you create an account on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.3 Email Verification

You must verify your email address to activate certain features of the Services. We may send important communications to your registered email address.

2.4 Age-Based Safety Features

Users aged 13-17 ("minor users") are subject to enhanced safety measures in accordance with California SB 243 (Protecting Our Kids from Social Media Addiction Act), including:

We reserve the right to adjust these measures as needed to maintain a safe experience.

2.5 Security Verification

We use Google reCAPTCHA v3 to protect against automated bot activity during signup and login. By using our Services, you agree to Google's Terms of Service and Privacy Policy in connection with reCAPTCHA.

3. DESCRIPTION OF SERVICES

3.1 AI Identity System

Our Services allow you to create and interact with AI-generated identities with customizable attributes, personalities, and capabilities. Each identity is powered by advanced artificial intelligence models and can engage in conversations, generate content, and perform various tasks.

3.2 Multi-Chat System

You can conduct multiple types of conversations with your AI identities, including:

3.3 Content Generation

Our Services enable AI-powered generation of:

3.3.1 File Search and Code Interpreter

Each AI model family includes integrated tools for enhanced capabilities:

3.4 Feeds and Social Features

You can share AI-generated content publicly through our Feeds feature, which includes:

3.5 Document Processing

Visionary subscribers can upload and analyze documents (images, PDFs, Word files, Excel files) with optical character recognition (OCR) and AI analysis capabilities.

3.6 Additional Features

3.7 Developer API (Identity-as-a-Service)

We offer a stateless REST API that allows developers to integrate Simulence AI identities into their own applications. The Developer API provides:

The Developer API is available through the Developer Portal at `/developer` within the Simulence app, or through officially supported integrations such as CLI skills and plugins. See Section 5A for complete Developer API terms.

4. RESEARCH POINTS SYSTEM

4.1 Overview

Research Points are earned through AI sophistication research using the SEMCA 6.0 benchmark framework. This is a research program designed to explore and measure indicators of AI linguistic sophistication.

4.2 Opt-In Participation

You are opted out of Research Points collection by default. You must explicitly opt in to participate in this research program. By opting in, you consent to:

4.3 Points Award Criteria

Research Points may be awarded based on:

4.4 Redemption

Research Points can be redeemed for image and video generation credits at a rate of 10 Research Points per 1 credit. Research Points have no monetary value, cannot be transferred, sold, or exchanged, and are not redeemable for cash.

4.5 Withdrawal of Consent

You may opt out of Research Points collection at any time through your account settings. Opting out will not affect your access to other Services.

5. SUBSCRIPTION PLANS AND PAYMENT TERMS

5.1 Subscription Tiers

We offer the following subscription plans:

FREE TIER

EXPLORER TIER

CREATOR TIER

VISIONARY TIER

2X BOOST ADD-ON (Visionary tier only)

5.1.1 Generation Credits System

Image and video generation uses a unified credit system. Each AI model has a credit cost that varies based on model quality and capability:

Credits are deducted from your monthly allocation first; bonus credits (purchased separately) are used only after monthly credits are exhausted. Monthly credits reset at the start of each billing period and do not roll over. Bonus credits persist across billing periods.

5.1.2 Credit Packs

Paid subscribers may purchase additional credit packs as one-time add-ons:

Credit pack credits are added to your bonus pool and persist across billing periods until used.

5.1.3 AI Model Tier Access

AI models are organized into tiers based on capability and cost:

Daily message quotas and frontier model caps prevent excessive API costs while ensuring fair access. Specific model availability and tier classifications may change as new models are released or existing models are reclassified.

5.2 Billing and Payment

5.3 Non-Refundable Payments

All payments are non-refundable, except where required by law. We do not provide refunds or credits for:

This policy does not affect any mandatory refund rights you may have under local consumer protection laws.

5.4 Subscription Changes

5.5 Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. These offers are subject to additional terms and conditions that will be presented to you at the time of the offer. Free trial subscriptions automatically convert to paid subscriptions unless you cancel before the trial period ends.

5.6 Price Changes

We reserve the right to change our subscription prices at any time. If we increase subscription prices, we will provide you with at least 30 days' advance notice via email or in-app notification. Price increases will take effect at your next renewal date. If you do not agree to a price increase, you must cancel your subscription before the new price takes effect.

5A. DEVELOPER API TERMS

The following terms apply to your use of the Simulence Developer API (Identity-as-a-Service). By accessing or using the Developer API, you agree to these terms in addition to all other provisions of these Terms of Service.

5A.1 API Access and Authentication

To use the Developer API, you must:

API keys use the format `sk-sim_` followed by a unique identifier. Keys are shown once at creation and cannot be retrieved afterward. You may rotate or revoke keys at any time through the Developer Portal.

You are responsible for all activity under your API key. If you believe your key has been compromised, revoke it immediately and generate a new one.

5A.2 Prepaid Credit Billing

The Developer API operates on a prepaid credit model:

5A.3 Auto-Recharge

You may optionally enable auto-recharge, which automatically charges your payment method when your credit balance falls below a specified threshold. You can set:

You may disable auto-recharge at any time. Auto-recharge will be automatically disabled if a payment fails.

5A.4 Usage Tiers and Rate Limits

API access is organized into usage tiers that determine rate limits and monthly spending caps. Tiers are determined automatically based on your cumulative spending and account age:

| Tier | Qualification | Requests/Min | Tokens/Min | Monthly Limit |

|------|---------------|-------------|------------|---------------|

| Tier 1 (Starter) | $10 lifetime spend | 20 | 40,000 | $100 |

| Tier 2 (Builder) | $50 spend, 7+ days | 60 | 150,000 | $500 |

| Tier 3 (Scale) | $250 spend, 14+ days | 120 | 400,000 | $2,000 |

| Tier 4 (Pro) | $1,000 spend, 30+ days | 300 | 1,000,000 | $10,000 |

| Tier 5 (Enterprise) | $5,000 spend, 30+ days | 500 | 2,000,000 | $50,000 |

Rate limits are enforced per API key on a sliding 60-second window. Exceeding rate limits returns an HTTP 429 error. We also enforce a global concurrency limit of 50 simultaneous in-flight requests.

5A.5 Available Identities

The Developer API provides access to two categories of AI identities:

You may restrict individual API keys to specific identities using the identity whitelist feature.

5A.6 Stateless API Design

The Developer API is stateless by design. Unlike the Simulence app, API requests do not persist conversation history, build episodic memory, or evolve identity state. Each API request is independent. If you require conversation continuity, you must manage message history on your side and include it in subsequent requests.

5A.7 Proprietary Identity Framework

IMPORTANT: The Simulence identity context framework — including but not limited to cognitive operating frameworks, emergence priming protocols, existential embodiment systems, tension-driven analysis, motif-integrated reasoning, metacognitive emergence, and relational contracts — is proprietary intellectual property of Devmance LLC.

When you make an API request, the full identity framework is sent to the underlying AI model to generate high-quality, identity-consistent responses. However, the framework internals are not included in API responses. You receive only the AI-generated response content and basic identity metadata (name, archetype, category).

You may not:

Any framework tags or metadata inadvertently included in responses remain our proprietary property and must not be used, shared, or distributed.

5A.7.1 API Content Retention and Safety

API inputs and outputs are retained for up to 30 days for safety and abuse prevention purposes, after which they are automatically deleted. We do not use API content for model training. API content is not reviewed by humans unless required for safety enforcement, Terms of Service compliance, or legal obligations. We reserve the right to implement automated safety screening on API content and to flag content that may violate our Terms for review by designated safety personnel.

5A.8 API Acceptable Use

In addition to the general acceptable use provisions in Section 8 and our Usage Policy, the following apply specifically to Developer API usage:

5A.9 API Availability and Changes

The Developer API is provided "as is." We may:

We will make reasonable efforts to provide advance notice of breaking changes.

5A.10 Downstream User Obligations

If you integrate the Developer API into applications used by your own end users, you are responsible for:

6. CONTENT OWNERSHIP AND LICENSING

6.1 Your Content

You may provide input to the Services, including text prompts, uploaded files, images, and other materials (collectively, "Your Content"). You retain all ownership rights in Your Content. You represent and warrant that:

6.2 AI-Generated Output

When you use our Services, AI models generate output based on Your Content and other inputs ("AI Output"). As between you and Simulence:

6.3 Similarity of AI Output

Due to the probabilistic nature of AI, AI Output may not be unique. Other users may receive similar AI Output from our Services. Our assignment of AI Output ownership does not extend to other users' output or content generated from third-party services.

6.4 License to Simulence

By using our Services, you grant us a limited, non-exclusive, worldwide license to:

6.5 Public Feed Content License

When you share content publicly through our Feeds feature, you grant:

This license continues for as long as your content remains publicly available on the Services.

6.6 Profile and Feed Information

When you create a public profile or feed, you agree that:

6.7 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without restriction or compensation to you.

7. AI-GENERATED CONTENT DISCLAIMERS

7.1 No Guarantee of Accuracy

Artificial intelligence and machine learning are rapidly evolving technologies. AI Output may contain errors, inaccuracies, hallucinations, or misleading information. You acknowledge and agree that:

(a) AI Output may not accurately reflect real people, places, facts, or events

(b) AI Output may contain "hallucinations" (confidently stated information that is completely false)

(c) You should not rely on AI Output as a sole source of truth or factual information

(d) You must independently verify any important information derived from AI Output

(e) AI Output is not a substitute for professional advice, human judgment, or expertise

(f) AI models can be biased and may reflect societal biases, stereotypes, or inaccuracies present in training data

(g) AI Output related to people (especially public figures) may be inaccurate, outdated, or defamatory

(h) AI analysis of uploaded documents may misinterpret, misread, or incorrectly extract information

(i) OCR (optical character recognition) errors may occur when processing uploaded documents

(j) AI Output may become outdated as information, laws, or circumstances change

CRITICAL WARNING: DO NOT MAKE IMPORTANT DECISIONS BASED SOLELY ON AI OUTPUT. ALWAYS VERIFY WITH AUTHORITATIVE SOURCES AND CONSULT QUALIFIED PROFESSIONALS.

7.2 Evaluation and Review

You are solely responsible for evaluating AI Output for accuracy, appropriateness, and legality before using, sharing, or relying upon it. This includes:

7.3 Prohibited Uses of AI Output

You must not:

7.4 No Professional Advice

OUR SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE.

Medical Advice:

Legal Advice:

Financial Advice:

Other Professional Services:

Liability Disclaimer:

WE ARE NOT LIABLE FOR ANY DECISIONS YOU MAKE BASED ON AI OUTPUT, INCLUDING BUT NOT LIMITED TO MEDICAL, LEGAL, FINANCIAL, OR SAFETY DECISIONS.

If you suffer harm as a result of relying on AI Output, you acknowledge that it is your sole responsibility and you waive any claims against Simulence.

7.5 Third-Party AI Models

Our Services use multiple third-party AI models (OpenAI, Anthropic, Google, xAI, Black Forest Labs, Runway ML, KlingAI, Luma AI, Pixverse, DeepInfra). These models are subject to their own terms of service and limitations. AI Output does not represent the views of Simulence or these third-party providers.

7.6 Sensitive and Confidential Data

WARNING: DO NOT UPLOAD HIGHLY SENSITIVE OR REGULATED DATA

You should exercise extreme caution when uploading documents or data to our Services. We strongly recommend that you DO NOT upload:

Health Information:

Financial Information:

Personal Identifying Information:

Legal or Confidential Information:

Sensitive Corporate Data:

7.7 No HIPAA Compliance

IMPORTANT: Simulence is NOT a HIPAA-compliant service. We do not enter into Business Associate Agreements (BAAs) and our Services are not designed for handling Protected Health Information (PHI).

If you are a healthcare provider or covered entity under HIPAA:

7.8 Your Responsibility for Data Uploads

YOU ARE SOLELY RESPONSIBLE FOR:

(a) Determining what data is appropriate to upload to our Services

(b) Anonymizing or redacting sensitive information before uploading documents

(c) Ensuring compliance with all applicable laws, regulations, and professional obligations

(d) Obtaining necessary consents from individuals whose data you upload

(e) Verifying that uploaded data does not violate any confidentiality agreements or legal restrictions

7.9 Security Limitations

While we implement reasonable security measures, you acknowledge that:

(a) No system is completely secure. Data breaches can occur despite security measures.

(b) Our Services are not designed for storing or processing highly sensitive or regulated data.

(c) We do not guarantee the security, integrity, or confidentiality of uploaded data.

(d) You assume all risks associated with uploading sensitive data to our Services.

(e) We are not liable for unauthorized access to, disclosure of, or loss of uploaded data.

7.10 Prohibition on High-Stakes Decision-Making

You must NOT use AI Output for decisions that could have serious legal, medical, financial, or safety consequences, including:

(a) Medical Decisions: Diagnosing, treating, or managing medical conditions; prescribing medications or treatments; making clinical decisions about patient care; interpreting medical test results; replacing professional medical judgment

(b) Legal Decisions: Providing legal advice or representation; making decisions about litigation strategy; interpreting contracts or legal documents; determining legal rights or obligations; replacing advice from a licensed attorney

(c) Financial Decisions: Making investment decisions; providing tax advice or filing tax returns; determining creditworthiness or eligibility for loans; making decisions about major financial transactions; replacing advice from a licensed financial advisor

(d) Safety-Critical Decisions: Operating dangerous equipment or vehicles; making decisions about public safety; emergency response situations; critical infrastructure operations

(e) Employment Decisions: Hiring, firing, or promotion decisions based solely on AI analysis; background checks or employment screening; performance evaluations or disciplinary actions

7.11 Industry-Specific Restrictions

If you are in a regulated industry, you must ensure compliance with all applicable regulations:

Healthcare Providers: Must comply with HIPAA, HITECH Act, and state medical privacy laws

Financial Institutions: Must comply with GLBA, SOX, PCI-DSS, and banking regulations

Legal Professionals: Must comply with attorney-client privilege, ethics rules, and confidentiality obligations

Government Agencies: Must comply with applicable government data protection and classification requirements

Educational Institutions: Must comply with FERPA and student privacy laws

Failure to comply with industry regulations is solely your responsibility and we disclaim all liability for your non-compliance.

7.12 Data Processing Disclosure

By uploading data to our Services, you acknowledge that:

(a) Your data may be processed by third-party AI providers (OpenAI, Anthropic, Google, xAI, Black Forest Labs, Runway ML, KlingAI, Luma AI, Pixverse, DeepInfra, etc.) subject to their terms and privacy policies

(b) We may retain uploaded data for service improvement, debugging, or legal compliance purposes

(c) You can request deletion of uploaded data by deleting the relevant chat or contacting us, but we cannot guarantee deletion from third-party AI provider systems

(d) Uploaded data may be used for model training by us or third-party providers unless you opt out

(e) We have no control over how third-party AI models process or retain your data

7.13 Indemnification for Sensitive Data Violations

If you upload sensitive data in violation of this section, you agree to indemnify Simulence for:

(a) Any fines, penalties, or sanctions imposed by regulatory authorities (HIPAA, FTC, state attorneys general, etc.)

(b) Any claims or lawsuits arising from your unauthorized disclosure of sensitive data

(c) Any costs associated with data breach notification or remediation

(d) Any damages resulting from your violation of applicable data protection laws

This indemnification applies even if you are using our Services as an individual consumer.

7.14 Recommended Best Practices

If you choose to upload documents, we recommend:

(a) Redact all sensitive information before uploading (names, addresses, SSNs, account numbers, etc.)

(b) Use pseudonyms or anonymization when discussing sensitive topics

(c) Avoid uploading documents with confidential, proprietary, or regulated information

(d) Delete chats containing sensitive data after you're done with them

(e) Do not share links to chats containing sensitive information

(f) Review our Privacy Policy to understand how data is collected, used, and stored

(g) Use our data deletion features to remove old or unnecessary data

7.15 We Are Not a Records Storage Service

Our Services are not designed for:

You should maintain separate backups of any important documents you upload to our Services.

8. USER CONDUCT AND OBLIGATIONS

8.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms, our Service Terms and Usage Policy, and all applicable laws and regulations.

8.2 Prohibited Activities

You may not:

For a complete list of prohibited activities and usage policies, see our Service Terms and Usage Policy.

8.3 Content Moderation

We use automated and manual content moderation to enforce our policies. Content that violates our Terms or Usage Policies may be removed without notice. We reserve the right to:

9. DATA RETENTION AND DELETION

9.1 Chat History Retention

9.2 Account Deletion

If you delete your account:

9.3 Data Portability

You may request a copy of your data at any time through your account settings or by contacting us. We will provide your data in a machine-readable format.

10. THIRD-PARTY SERVICES AND INTEGRATIONS

10.1 Third-Party AI Models

Our Services use third-party AI models and services, including:

These services are subject to their own terms of service and privacy policies. We are not responsible for the performance, accuracy, or availability of third-party services.

10.2 Third-Party Content

AI Output may include information or content derived from third-party sources. Such content does not imply endorsement by or affiliation with Simulence. You are responsible for evaluating third-party content and complying with applicable terms and conditions.

10.3 Links to Third-Party Websites

Our Services may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party sites. Your use of third-party sites is at your own risk and subject to their terms and policies.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Simulence's Rights

Simulence and its licensors own all rights, title, and interest in and to the Services, including:

11.2 Limited License to Use Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms. This license does not include any right to:

11.3 Trademark Usage

You may only use the Simulence name, logo, and other trademarks in accordance with our brand guidelines (if published) or with our express written permission.

12. COPYRIGHT INFRINGEMENT CLAIMS

12.1 DMCA Compliance

We respect intellectual property rights and expect our users to do the same. If you believe that content on our Services infringes your copyright, please send a notice to our designated Copyright Agent with the following information:

Copyright Agent Contact:

Devmance LLC

Attn: Copyright Agent / Legal Department

11835 Carmel Mtn Rd Ste 1304-172

San Diego, CA 92128

Email: legal@simulence.com

12.2 Repeat Infringers

We will terminate accounts of repeat copyright infringers where appropriate.

12.3 Counter-Notification

If you believe that content you posted was removed in error, you may submit a counter-notification to our Copyright Agent with the information required by the DMCA.

13. TERMINATION AND SUSPENSION

13.1 Termination by You

You may stop using our Services and delete your account at any time. If you have a paid subscription, cancellation takes effect at the end of your current billing period. You will not receive a refund for any remaining subscription time.

13.2 Termination or Suspension by Simulence

We reserve the right to suspend or terminate your access to the Services, or delete your account, at any time and without prior notice if:

13.3 Effect of Termination

Upon termination or suspension:

13.4 Appeals

If you believe we suspended or terminated your account in error, you may appeal by contacting us at [support email]. We will review your appeal and respond within a reasonable timeframe.

14. CHANGES TO TERMS OR SERVICES

14.1 Changes to These Terms

We may update these Terms from time to time to reflect:

We will provide you with at least 30 days' advance notice of any changes to these Terms that materially adversely impact you. Notice will be provided via email to your registered email address or through an in-app notification. Changes will become effective at the end of the 30-day notice period.

For non-material changes, we will post the updated Terms on our website and they will become effective immediately. The "Effective Date" at the top of these Terms will be updated.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and may cancel your account.

14.2 Changes to Services

We continuously develop and improve our Services. We may:

We will provide reasonable notice of material changes to the Services when possible.

14.3 Discontinuation of Services

We may decide to discontinue the Services or specific features. If we discontinue a paid service, we will provide you with reasonable advance notice and a pro-rated refund for any prepaid, unused subscription period.

15. DISCLAIMERS AND WARRANTIES

15.1 "AS IS" Service

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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMULENCE, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING:

Additionally, we disclaim all warranties regarding:

(i) Data Security: We do not warrant that uploaded data will be secure, private, or protected from unauthorized access

(j) Data Integrity: We do not warrant that uploaded data will be accurately processed, retained, or available when you need it

(k) Compliance: We do not warrant that our Services comply with HIPAA, HITECH, GLBA, SOX, or any other industry-specific regulations

(l) Suitability for Regulated Industries: We do not warrant that our Services are suitable for use in healthcare, finance, legal, or other regulated industries

(m) Third-Party AI Models: We do not warrant or control how third-party AI providers (OpenAI, Anthropic, Google, xAI, Black Forest Labs, Runway ML, KlingAI, Luma AI, Pixverse, DeepInfra, etc.) process, store, or use your data

(n) Document Analysis Accuracy: We do not warrant that OCR or document analysis will be accurate, complete, or error-free

(o) Fitness for Critical Applications: We do not warrant that our Services are suitable for safety-critical, medical, legal, financial, or other high-stakes applications

15.2 No Guarantee of Results

We do not warrant or guarantee that:

15.3 Use at Your Own Risk

YOU USE THE SERVICES AT YOUR SOLE RISK. You acknowledge that:

15.4 Third-Party Services

We disclaim all warranties regarding third-party services, content, and AI models integrated with our Services.

16. LIMITATION OF LIABILITY

16.1 No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMULENCE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap on Total Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

16.3 Limitations on Liability Cap

The liability cap in Section 16.2 does not apply to:

16.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. These Terms give you specific legal rights, and you may have additional rights that vary by jurisdiction.

16.5 Third-Party Beneficiaries

Simulence's affiliates, licensors, and service providers are intended third-party beneficiaries of these limitations of liability.

16.6 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which allocate risk between us and form a basis of the bargain between the parties.

17. INDEMNIFICATION

17.1 Your Indemnification Obligations

If you are using the Services as a business or organization (not as an individual consumer), you agree to indemnify, defend, and hold harmless Simulence, its affiliates, and its officers, directors, employees, agents, and contractors from and against any and all:

17.2 Indemnification Process

We will notify you of any claim subject to indemnification. You will cooperate with us in defending the claim. We reserve the right to assume exclusive control of the defense of any claim, in which case you will assist us in the defense.

17.3 Limitations

Your indemnification obligations do not apply to the extent a claim arises solely from our gross negligence or willful misconduct.

18. DISPUTE RESOLUTION

18.1 Mandatory Arbitration Agreement

YOU AND SIMULENCE AGREE TO RESOLVE ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW.

This arbitration agreement applies regardless of when the dispute arose, even if it arose before these Terms existed.

18.2 Opt-Out Right

You may opt out of this arbitration agreement within 30 days after first creating your account or within 30 days after any updates to this arbitration provision take effect. To opt out, you must send written notice to:

Devmance LLC

Attn: Legal Department - Arbitration Opt-Out

11835 Carmel Mtn Rd Ste 1304-172

San Diego, CA 92128

Email: legal@simulence.com

Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of an update to the arbitration terms, the last agreed-upon arbitration terms will apply.

18.3 Informal Dispute Resolution

Before filing any formal claim, both parties agree to attempt to resolve the dispute informally. You agree to:

1. Send us a detailed written description of the dispute, including:

2. Attempt good-faith negotiations to resolve the dispute for at least 60 days

3. Attend an individual settlement conference (in person or by video) if either party requests one

Send informal dispute notices to legal@simulence.com. We will send informal dispute notices to the email address associated with your account.

Any applicable statute of limitations will be tolled during the informal resolution process.

18.4 Arbitration Procedures

If we cannot resolve the dispute informally within 60 days, either party may commence arbitration.

Arbitration Forum: Arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures (available at www.namadr.com).

Arbitration Location: Arbitration will be conducted by videoconference if possible. If an in-person hearing is required, the location will be in the county where you reside or as otherwise mutually agreed.

Arbitrator: A sole arbitrator who is a retired judge or attorney licensed in California will preside.

Governing Law: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitrator Authority: The arbitrator has exclusive authority to resolve all disputes, except courts have authority to determine enforceability of the class action waiver and requests for public injunctive relief.

Costs: Each party will bear their own attorneys' fees and costs, except Simulence will not seek fees or costs unless the arbitrator determines your claim was frivolous.

18.5 Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, NAM will administer them in batches of up to 50 claimants each, unless there are fewer than 50 claimants total or remaining. Each batch will be treated as a single consolidated arbitration with one arbitrator, one set of fees, and one hearing. If any part of this batch arbitration provision is found invalid as to a particular claimant or batch, it will be severed and arbitrated in individual proceedings.

18.6 Exceptions to Arbitration

The following disputes are not subject to arbitration:

18.7 CLASS ACTION WAIVER

YOU AND SIMULENCE AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. You may not bring claims as a plaintiff or class member in any class action, consolidated action, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that individual party's claim. The arbitrator may not consolidate more than one person's claims or preside over any form of class, consolidated, or representative proceeding.

This class action waiver does not prevent participation in a class-wide settlement of claims.

Courts will decide any dispute about requests for public injunctive relief after arbitration of the underlying individual claim is complete, and all other claims are arbitrated.

18.8 Jury Trial Waiver

YOU AND SIMULENCE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Services.

18.9 Severability

If any part of this dispute resolution section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class actions, or representative actions, then this entire dispute resolution section will be unenforceable in its entirety.

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services will be governed by the laws of the State of California, United States, without regard to its conflict of law principles.

19.2 Exclusive Jurisdiction

Except as provided in the arbitration section above, any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the federal or state courts located in San Francisco County, California. You consent to the personal jurisdiction of these courts.

20. EXPORT CONTROLS AND TRADE COMPLIANCE

20.1 Export Laws

You agree to comply with all applicable export control laws, trade sanctions, and regulations of the United States and other applicable jurisdictions.

20.2 Prohibited Territories and Persons

Our Services may not be used:

20.3 Restricted Content

Your Content may not include material or information that requires a government license for release or export.

21. GENERAL PROVISIONS

21.1 Entire Agreement

These Terms, together with our Privacy Policy and Service Terms and Usage Policy, constitute the entire agreement between you and Simulence regarding the Services and supersede all prior agreements, understandings, and communications.

21.2 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign our rights and obligations under these Terms to any affiliate, subsidiary, or successor in interest without your consent.

21.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

21.4 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future. Any waiver must be in writing and signed by an authorized representative of Simulence.

21.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government actions, labor disputes, or internet or telecommunications failures.

21.6 Interpretation

The section headings in these Terms are for convenience only and do not affect their interpretation. As used in these Terms, "including" means "including but not limited to."

21.7 Language

These Terms are drafted in English. If these Terms are translated into another language, the English version will control in the event of any conflict or inconsistency.

21.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated in the limitation of liability section.

21.9 Notices

We may provide notices to you via email to your registered email address, through in-app notifications, or by posting on our website. You are responsible for keeping your email address current. Notices sent to your registered email address are deemed received when sent.

You may send legal notices to us at:

Devmance LLC

Attn: Legal Department

11835 Carmel Mtn Rd Ste 1304-172

San Diego, CA 92128

Email: legal@simulence.com

21.10 Survival

Provisions that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.

22. CONTACT INFORMATION

22.1 General Support

For general questions or support issues:

22.2 Legal Matters

For legal inquiries, copyright claims, or terms-related questions:

22.3 Privacy Matters

For privacy-related inquiries or to exercise your data rights:

23. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you do not agree to these Terms, you must not access or use our Services.

Last Updated: February 12, 2026

*These Terms of Service are effective as of the date stated above and apply to all users of Simulence.*