SIMY Terms of Use

Effective Date: November 12, 2025 Last Updated: November 12, 2025

These Terms of Use ("Terms") govern your use of SIMY (the "Service"), operated by AwakApp Inc. ("Company," "we," "our," or "us"), a California corporation. By accessing or using the Service, you agree to be bound by these Terms.

1. Scope and Agreement

These Terms apply to all users of the Service, including any sub-services ("Individual Services"). If any Individual Service has specific terms ("Individual Terms"), those control in the event of conflict.

By using the Service, you confirm you have read, understood, and agreed to these Terms and our Privacy Policy.

No Obligation to Monitor. The Company has no obligation to monitor, verify, or enforce compliance with these Terms, user eligibility, data input restrictions, or use restrictions. You are solely responsible for your compliance.

2. Eligibility and Registration

By accessing or using the Service, you represent, warrant, and covenant that:

(a) You are at least 18 years of age. If you are under 18, you may not access or use the Service under any circumstances.

(b) You have the legal capacity to enter into binding contracts under the laws of your jurisdiction.

(c) All registration information you provide is accurate, current, and complete, and you will maintain and update such information.

Self-Certification. Eligibility is determined by self-certification only. The Company has no obligation to verify age, identity, or any other eligibility criteria. You bear all liability for any misrepresentation.

We may refuse registration or suspend accounts for policy violations or operational/security risks at our sole discretion.

3. Geographic Restrictions and Compliance

By using the Service, you represent, warrant, and covenant that:

(a) You are not located in, and will not access the Service from, any country subject to comprehensive U.S. economic sanctions, including but not limited to: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.

(b) You are not listed on, and are not owned or controlled by any person or entity listed on, any U.S. government restricted party list, including:

• OFAC Specially Designated Nationals (SDN) List
• BIS Entity List, Denied Persons List, or Unverified List
• State Department Debarred or Sanctioned Lists

(c) You will not use the Service to support, directly or indirectly:

• Military end uses or military end users in China, Russia, or Venezuela
• Development or production of weapons of mass destruction
• Any sanctioned entities, individuals, or prohibited activities
• Any purpose that would violate U.S. export control or sanctions regulations

(d) You are solely responsible for compliance with all applicable local, state, national, and international laws and regulations, including export control, sanctions, data protection, and privacy laws.

Automated Enforcement Only. The Company may use automated geographic blocking based on IP addresses but has no obligation to verify user location, screen users against restricted party lists, or monitor compliance. Users bear all liability for circumventing geographic restrictions or providing false location information.

We reserve the right to block access from any jurisdiction or terminate any account at our sole discretion.

4. Description of the Service

SIMY provides AI-powered mentoring, self-development, and productivity tools. The Service includes voice input, voice notes, and audio recording features that allow users to create content and communicate using voice. The Service may integrate with third-party platforms to enhance functionality.

Features and availability may change without notice. We may update, limit, or discontinue features at any time for any reason.

5. User Responsibilities and Prohibited Data Input

5.1 General Responsibilities

You are solely responsible for: (a) compliance with all laws and these Terms; (b) all content you input, upload, store, or process; (c) evaluation and verification of all AI outputs; and (d) all consequences of your use of the Service.

5.2 Prohibited Data Types

You represent, warrant, and covenant that you will NOT input, upload, store, or process:

Highly Sensitive Personal Data:

• Protected Health Information (PHI) under HIPAA
• Payment Card Information (PCI) - credit card numbers, CVV codes
• Social Security Numbers, Tax IDs, or national identification numbers
• Biometric or genetic data
• Precise geolocation data without explicit user consent
• Children's personal information (under age 13)

Security and Authentication Data:

• Passwords, PINs, API keys, access tokens, or cryptographic keys
• Private keys, digital certificates, or security credentials

Confidential and Legally Protected Information:

• Attorney-client privileged communications
• Trade secrets or proprietary information designated as confidential by your organization
• Government-classified information at any level
• Information subject to non-disclosure agreements
• Export-controlled technical data (ITAR/EAR)

Regulated Financial Data:

• Material non-public information (MNPI) under securities regulations
• Banking credentials or account access information

Voice and Audio Recordings (Specific Restrictions):

• Voice recordings of individuals made without their knowledge and consent where required by applicable law, including two-party consent states (California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, Washington, Connecticut)
• Voice recordings that violate wiretapping, eavesdropping, or recording consent laws
• Voice recordings of children under 18 without verifiable parental consent
• Voice recordings made in jurisdictions where such recording is prohibited by law

Recording Consent Responsibility: You represent and warrant that for all voice recordings you create using the Service, you have:

• Obtained all necessary consents from all parties being recorded where required by applicable law
• Complied with all federal, state, and local wiretapping and recording consent laws
• Informed all parties of the recording where legally required
• Not recorded in any jurisdiction or circumstance where recording is prohibited

You are solely responsible for compliance with all recording laws. The Company has no obligation to verify recording consent, detect illegal recordings, or prevent violations of recording laws.

5.3 No Obligation to Monitor or Prevent

The Company has absolutely no obligation to:

• Monitor, detect, prevent, or filter prohibited data input
• Implement technical controls to prevent prohibited data input
• Review or audit user content for compliance with these restrictions
• Provide warnings, alerts, or notifications regarding prohibited data

You bear sole and absolute liability for any damages, losses, regulatory penalties, legal claims, or consequences arising from your input of prohibited data, regardless of whether the Company could have prevented or detected such input.

By using the Service, you acknowledge that the Service is not designed, intended, or certified for processing sensitive data types listed above, and you use the Service for such purposes entirely at your own risk.

6. Prohibited Activities and Uses

6.1 You Covenant Not To:

Illegal or Harmful Conduct:

• Use the Service for any illegal, fraudulent, or harmful purpose
• Violate any applicable laws or regulations
• Infringe intellectual property, privacy, or other rights of third parties

Prohibited Decision-Making Uses:

• Use AI outputs as the sole or primary basis for decisions materially affecting legal rights, safety, health, finances, or employment of any person
• Rely on the Service for medical diagnosis, treatment, legal advice, financial advice, or other professional services requiring licensure
• Use the Service in any HIPAA-covered entity, financial institution, legal practice, or other regulated environment without appropriate additional controls and agreements

High-Risk Applications (you covenant not to use the Service for):

• **Healthcare:** Medical diagnosis, treatment planning, patient care, or prescription decisions
• **Legal:** Legal advice, representation, contract drafting, or litigation support
• **Financial:** Investment decisions, credit scoring, lending, insurance underwriting
• **Employment:** Hiring, termination, promotion, or performance evaluation as sole basis
• **Criminal Justice:** Sentencing, parole, predictive policing, or law enforcement decisions
• **Critical Infrastructure:** Control systems for utilities, transportation, or emergency services
• **Safety-Critical Systems:** Aviation, automotive, nuclear, military, or defense applications

System Abuse:

• Reverse engineer, decompile, or attempt to extract source code
• Bypass security controls, rate limits, or access restrictions
• Introduce malware or harmful code
• Use automated scraping or extraction tools without written permission

Commercial Restrictions:

• Resell, sublicense, white-label, or redistribute the Service
• Use the Service to build competing AI or productivity products
• Extract AI outputs to create commercial databases or training datasets
• Offer the Service as part of a service bureau without written approval

6.2 No Obligation to Enforce or Monitor

The Company has no obligation to:

• Monitor how users employ the Service
• Detect or prevent prohibited uses
• Enforce these restrictions proactively
• Implement technical controls preventing prohibited uses
• Verify that users are not in regulated industries

Users bear sole liability for prohibited uses even if the Company was aware of or could have prevented such uses.

7. Paid Services and Subscriptions

Certain features require payment. All fees are disclosed at purchase and are non-refundable except as required by law.

Auto-renewal. Subscriptions automatically renew. Pricing, term, and cancellation methods are disclosed at purchase and renewal.

Cancellation. Cancel anytime in account settings or by emailing support@simy.team. Email cancellations are processed within 5 business days. Cancellation takes effect at the end of the current billing period.

8. Intellectual Property and User Content

The Service and all related materials are owned by the Company or its licensors.

You may not copy, modify, distribute, sell, or reverse engineer any part of the Service.

8.1 User Content License

"User Content" includes all content you input, create, upload, or store using the Service, including text, documents, files, voice recordings, voice notes, audio files, and transcriptions thereof.

You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

(a) Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content;

(b) Use User Content to develop, train, fine-tune, and improve our AI models, algorithms, and machine learning systems, including using User Content as training data;

(c) Create and use anonymized, aggregated, or derivative data from User Content;

(d) Sublicense any of the above rights to third parties in connection with providing, improving, or commercializing the Service or related AI technologies;

(e) Retain and use User Content even after account deletion or termination to the extent incorporated into trained AI models or derivative works.

Voice and Audio Content: Voice recordings, audio files, and their transcriptions are included in User Content and subject to all terms above. We may:

• Automatically transcribe voice recordings to text using speech recognition
• Use voice transcriptions to train AI language models
• Analyze voice recordings to improve speech recognition and AI capabilities
• Process and store voice data on our servers and those of our service providers
• We do not use voice data to create individual biometric voiceprints for authentication purposes

Opt-Out. You may request to opt out of future use of your User Content (including voice data) for AI training by contacting privacy@simy.team. We will make commercially reasonable efforts to honor such requests within 90 days where technically feasible, but:

• Opt-out does not apply retroactively to models already trained
• Opt-out does not require us to retrain or modify existing models
• Opt-out may degrade Service quality for you, particularly voice-related features
• We have no obligation to delete User Content already incorporated into anonymized or aggregated datasets

Your Warranties. You represent and warrant that you have all necessary rights to grant this license and that User Content does not violate any third-party rights or laws, including that you have obtained all necessary recording consents for voice recordings.

9. AI Outputs and Disclaimers

SIMY uses AI to generate responses and suggestions ("AI Output"). AI Output may be inaccurate, incomplete, biased, offensive, or harmful.

The Service does not provide and should not be used for medical, legal, financial, or other professional advice.

You are solely responsible for:

• Reviewing and verifying all AI Output before use or reliance
• Any consequences of using or sharing AI Output
• Compliance with professional standards if you incorporate AI Output into professional work

The Company disclaims all liability for AI Output content, accuracy, or consequences of use.

10. Privacy and Data Use

Personal data is processed per our Privacy Policy.

Data Use. We may use your data to: operate the Service; train and improve AI models; create analytics; ensure security; and comply with law.

Data Rights. You have rights to access, correct, delete, and export your data. Contact privacy@simy.team. We will respond within 30 days where required by law, but we have no obligation to respond to requests from users in jurisdictions without applicable data protection laws.

Data Retention. We generally delete personal data within 90 days of account deletion, except:

• Data incorporated into trained AI models or anonymized datasets
• Data required for legal, security, or operational purposes
• Backups retained per standard retention schedules

We do not guarantee specific data retention periods and may delete data at any time. We have no obligation to maintain backups or enable data recovery.

Breach Notification. We will notify users of data breaches as required by law. In jurisdictions without breach notification requirements, we have no obligation to notify.

11. Third-Party Integrations

Approved Integrations. You may connect to third-party platforms listed at https://simy.team/integrations via in-app authorization.

Unauthorized Integrations. You may not use unofficial APIs or unauthorized integration methods without written approval.

Third-Party Responsibility. We are not responsible for third-party services. You use integrations at your own risk.

We may suspend access upon detecting unauthorized integrations.

12. Service Modifications and Termination

We may modify, suspend, or discontinue the Service at any time without notice.

You may terminate your account at any time. Contact support@simy.team.

We may terminate your account at any time for any reason or no reason, including suspected policy violations, security risks, or sanctions compliance concerns.

Upon termination, your access ends immediately but the license grant in Section 8.1 survives termination.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:

• Merchantability, fitness for particular purpose, and non-infringement
• Accuracy, reliability, availability, or error-free operation
• Security, data preservation, or continuous operation
• Compliance with any specific industry standards or regulations
• Suitability for any regulated or high-risk use

YOU ACKNOWLEDGE:

• AI systems may generate inaccurate, biased, or harmful content
• The Service is not designed or tested for sensitive data or high-risk uses
• We make no representations regarding Service security or data protection
• We do not guarantee compliance with HIPAA, PCI DSS, SOC 2, or any other standards

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our total aggregate liability is limited to fifty percent (50%) of the total amounts you paid to us in the 12 months preceding the claim. If you have not made any payments in that period, our liability is zero ($0).

We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including:

• Loss of profits, revenue, data, or business opportunities
• Business interruption or cost of substitute services
• Damages from unauthorized access to or alteration of your data
• Damages from your input of prohibited data
• Damages from reliance on AI Output
• Any damages exceeding the amount specified above

These limitations apply:

• Regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise)
• Even if we were advised of the possibility of such damages
• Even if limited remedies fail their essential purpose
• To claims arising from prohibited data input, prohibited uses, or sanctions violations

Exception. Nothing limits liability for: (a) willful misconduct or gross negligence by the Company; (b) fraud; (c) death or personal injury caused by our negligence; or (d) liability that cannot be excluded by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, losses, liabilities, damages, penalties, costs, and expenses (including attorneys' fees) arising from or relating to:

(a) Your use or misuse of the Service

(b) Your violation of these Terms or any applicable laws

(c) Your input of prohibited data types

(d) Your use of the Service for prohibited purposes or in regulated industries

(e) Any misrepresentation regarding age, eligibility, location, or sanctions status

(f) Your violation of third-party rights

(g) Any reliance on or use of AI Output

(h) Any violation of export control or sanctions laws arising from your use

(i) Any failure to comply with professional standards or regulations applicable to your industry

This obligation includes: defending claims, paying judgments and settlements, and reimbursing our costs, even if the claim also alleges Company fault.

This indemnification survives termination.

16. Governing Law and Dispute Resolution

Governing Law. These Terms are governed by California law, excluding conflict-of-law rules.

Jurisdiction. Disputes shall be brought exclusively in state or federal courts in San Francisco County, California. You consent to personal jurisdiction in these courts.

EEA/UK Exception. For users in the European Economic Area, Switzerland, or United Kingdom, these Terms are governed by the laws of your country of residence, and disputes may be brought in your local courts where required by mandatory consumer protection law.

Jury Waiver. Both parties waive any right to jury trial to the extent permitted by law.

Class Action Waiver. All disputes must be brought individually, not as class, consolidated, or representative actions, to the extent permitted by law.

17. General Provisions

Severability. If any provision is invalid, the remaining provisions remain in effect.

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement.

No Waiver. Our failure to enforce any provision does not waive our right to enforce it later.

Assignment. We may assign these Terms without your consent. You may not assign your rights.

Force Majeure. We are not liable for delays or failures due to circumstances beyond our reasonable control.

Changes to Terms. We may update these Terms at any time. Material changes will be communicated at least 30 days in advance via in-app notice or email. Continued use constitutes acceptance.

18. Contact Information

AwakApp Inc.

• General inquiries: info@simy.team
• Privacy requests: privacy@simy.team
• Support & cancellations: support@simy.team
• Website: https://simy.team
• Integrations: https://simy.team/integrations
• Location: California, United States

19. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

✓ You are at least 18 years old

✓ You are not in a sanctioned jurisdiction or a restricted party

✓ You will not input prohibited data types

✓ You will obtain all necessary consents before recording any voice or audio

✓ You are responsible for compliance with all recording consent laws

✓ You will not use the Service for prohibited purposes

✓ We may use your content (including voice recordings and transcriptions) to train AI models

✓ We have no obligation to monitor, verify, or enforce compliance

✓ You bear sole responsibility for your use and all consequences

✓ You accept all risks and limitations described in these Terms

✓ The Service is provided "as is" without warranties

✓ Our liability is strictly limited

✓ You will indemnify us for claims arising from your use (including recording law violations)

IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

International Contact:

• General inquiries: info@simy.one
• Privacy requests: privacy@simy.one
• Support & cancellations: support@simy.one