Terms of Service

Last updated: January 25, 2025

By accessing or using SimAudience ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service.

1. Service Description and Important Disclaimers

SimAudience provides AI-generated simulations of audience reactions to user-submitted content. The Service uses artificial intelligence personas modeled on demographic data derived from publicly available surveys of real Americans.

CRITICAL DISCLAIMERS — PLEASE READ CAREFULLY:

• NOT A SURVEY OR POLL: SimAudience is NOT a survey, poll, focus group, or market research tool. No real humans participate in the generation of results.
• NOT PREDICTIVE: Results are AI-generated simulations and should NOT be interpreted as predictions, forecasts, or reliable indicators of real-world audience behavior, public opinion, election outcomes, market performance, or any other real-world phenomenon.
• FOR INFORMATIONAL PURPOSES ONLY: The Service is provided for informational, planning, and entertainment purposes only. Results should be used as one of many inputs in your decision-making process, not as the sole or primary basis for any decision.
• AI LIMITATIONS: AI models have inherent limitations, biases, and potential for error. Results may not accurately reflect the views of any real demographic group.

2. Nature of Results — User Acknowledgment

By using the Service, you explicitly acknowledge and agree that:

• All responses are generated by AI language models, not real human beings
• Results are synthetic simulations based on demographic modeling and AI pattern matching
• Results are NOT scientifically validated, statistically representative, or methodologically rigorous
• Results should be used for directional brainstorming only, not as definitive guidance
• We make NO WARRANTY that results will be accurate, complete, reliable, or useful for any particular purpose
• You will not represent SimAudience results as real survey data, polling results, or human research to any third party
• Any decisions you make based on results are your sole responsibility

3. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose or to submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Infringes on intellectual property rights of others
• Contains personal information about identifiable individuals without their consent
• Is designed to manipulate, deceive, or mislead (including creating false impressions of public opinion)
• Promotes violence, discrimination, or illegal activities
• Violates any applicable laws, regulations, or third-party rights
• Attempts to reverse-engineer, probe, or attack the Service
• Exceeds normal usage patterns or attempts to circumvent rate limits

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion without notice or liability.

4. Intellectual Property

You retain ownership of content you submit. By submitting content, you grant us a limited, non-exclusive license to process it solely for the purpose of generating results. We do not claim ownership of your submitted content.

All software, design, methodologies, algorithms, and other Service materials are owned by SimAudience or its licensors. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service.

You may use results generated by the Service for your own internal purposes, but you may NOT represent results as real survey data or polling results to third parties.

5. Payment, Refunds, and Cancellation

Payment is required before tests are processed. All payments are processed securely through Stripe. We do not store your payment card details.

Refund Policy: Due to the immediate computational resources consumed upon test initiation, refunds are generally NOT available after a test has been submitted for processing. If you experience verified technical issues that prevent you from receiving results, contact us within 7 days for case-by-case resolution.

All prices are in US dollars and are subject to change without notice. Sales tax may apply depending on your jurisdiction.

6. Disclaimer of Warranties

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

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF RESULTS
• THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• THAT DEFECTS WILL BE CORRECTED

You use the Service at your own risk. We do not warrant that results will meet your requirements or expectations.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• SIMAUDIENCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES
• THIS APPLIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• THIS APPLIES TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, RELIANCE ON RESULTS, OR THESE TERMS

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitations on implied warranties or liability for certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

8. Indemnification

You agree to indemnify, defend, and hold harmless SimAudience and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your misrepresentation of results as real survey or polling data
• Any content you submit to the Service
• Any decisions you make based on Service results

9. Third-Party AI Service Providers

SimAudience uses third-party services to generate AI responses, including OpenRouter (an AI model routing service) and various underlying large language model (LLM) providers accessed through OpenRouter.

Important disclosures regarding third-party AI providers:

• Data handling: When you submit content for testing, that content is transmitted to OpenRouter and may be routed to various LLM providers. We do not control how these third parties handle your data after transmission.
• AI training: While SimAudience does not use your content to train AI models, we cannot guarantee that third-party LLM providers do not use transmitted data for their own model training or improvement. OpenRouter states they have "opted out of model training where possible," but individual LLM providers may have different policies.
• Data retention by third parties: Third-party providers may retain, log, or process your submitted content according to their own terms of service and privacy policies, which are outside our control.
• No liability for third-party actions: SimAudience is not responsible or liable for any data handling, retention, training, or other actions taken by OpenRouter, underlying LLM providers, or any other third-party services. Your use of SimAudience constitutes acceptance of this risk.
• Review third-party terms: We encourage you to review OpenRouter's Terms of Service and Privacy Policy for more information about how they handle data.

By using SimAudience, you acknowledge and accept these third-party data handling practices and release SimAudience from any claims arising from third-party use of your submitted content.

10. Results Expiration and Data Retention

Results are available for 30 days from the date of test completion. After this period, results are permanently deleted and cannot be recovered. We are not responsible for your failure to access or download results before expiration.

Message content submitted for testing is deleted from our systems after results are generated. However, as noted in Section 9, third-party providers may retain data according to their own policies.

11. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We do not guarantee continuous, uninterrupted, or secure access to the Service. Operation of the Service may be interfered with by factors outside our control.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Service will immediately cease.

13. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

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

17. Contact

Questions about these Terms? Contact us at support@simaudience.com.