Terms of Service

1. These terms

Simeon is made by Spaire, Inc. (“Spaire”, “we”, “us”). These Terms of Service (the “Terms”) apply to Simeon’s apps for Mac and iPhone, the agents you create in them, the cloud computers they work on, our website at simeonlabs.com and the web app at app.simeonlabs.com (together, the “Services”).

Our Privacy Policy explains how we handle personal information and is part of these Terms. Some features come with extra terms that we show you when you use them; if they conflict with these Terms, the extra terms apply to that feature.

If you use Simeon for a company or another organisation, you agree to these Terms on its behalf and confirm that you are allowed to. In that case “you” means both you and the organisation.

2. Who can use Simeon

You must be at least 18 years old, and old enough to form a binding contract where you live. You may not use the Services if the law forbids you from receiving them, including if you are on a sanctions list or in a country under a comprehensive embargo of the United States.

3. Your account

Give us accurate information when you sign up and keep it current. You are responsible for your account and for everything done with it, including by your agents and by anyone you let use your devices. Keep your sign-in secure, and tell us at once at [email protected] if you think someone has used your account without permission.

4. What Simeon does

Simeon lets you create a team of AI agents. You give each agent a job and talk to it in plain words, by message or by voice. Each agent works on a computer of its own in the cloud, with a browser and files, and can use the apps you connect, such as your email, calendar or documents. Agents can work together, run on a schedule you set (“routines”), remember what you tell them, and reach you through channels such as Discord or Slack if you set them up.

Agents are software. They are not people, and they are not our employees. We keep improving the Services, so features may be added, changed or removed. When we remove something that matters to how you use Simeon, we will try to tell you in advance.

5. Your agents act for you

You authorise them

When you ask an agent to do something, or set a routine that does it later, you authorise Simeon to do it for you: to read, write, send, schedule, book, buy or change things in the apps and accounts you have connected, and on the web. Anything an agent does on your instructions is done for you, as if you had done it yourself. That includes accepting another service’s terms when a task needs it.

Approvals

Simeon may ask you to approve some actions before an agent takes them, such as running a command on your Mac, or sending a draft it has shown you. Read the request before you answer. If you choose to always allow a kind of action, the agent may do it from then on without asking again, until you change that.

Not every action is checked. An agent may act in your connected apps, for example send an email, without asking you first, and it may misunderstand you, act on wrong information, or treat something that matters as routine. You stay responsible for what your agents do on your instructions, and for reviewing their work before you rely on it.

No guarantee that an action happens

Websites and apps change, go down and refuse requests. We do not promise that an action will be completed, completed on time, or completed only once, or that it can be undone. Check the result of anything that matters.

Payments and purchases

If an agent pays for something or buys something for you, the purchase is between you and the seller. Spaire is not a party to it, does not process the payment, and is not responsible for the seller, the goods or the service. Take any problem with a purchase to the seller.

We may stop an action

We may refuse, pause or stop any action, even one you allowed, if we believe it breaks these Terms or the law, could harm you or someone else, or could put the Services at risk. To keep the Services safe and working, we may also look at what agents are doing, for example when we investigate a problem or a report of misuse, as described in our Privacy Policy.

6. Connected apps

You can connect Simeon to apps and services from other companies. You do this on that company’s own sign-in page, and you can disconnect at any time in Simeon’s settings or in that service. When you connect one, you allow Simeon to use it within the permissions you granted, for the tasks you give your agents.

Connected services belong to their providers, and their own terms and privacy policies apply to how you use them. We do not control them and are not responsible for them, for their availability, or for what they do with your information. Make sure you are allowed to connect an account to Simeon, in particular a work account that belongs to your employer.

7. Your agents’ computers

Each agent works on a virtual computer that we run for you in the cloud. What is on it, such as files, downloads and the websites your agent has signed in to, is kept for you and is part of your content. You can watch an agent’s screen and take over at any time.

Cloud computers have limits on processing, storage and running time, which may depend on your plan. We may pause a computer that is idle, and we may need to restart, move or rebuild a computer to keep the Services working; we try to keep your files when we do. Keep your own copy of anything you cannot afford to lose. Do not use these computers for anything the acceptable use rules forbid, including mining cryptocurrency, attacking other systems, or running services for other people.

8. Your content

You own it

Your content is what you put into the Services (your messages, voice, files, instructions and the information your agents gather from your connected apps) and what your agents produce for you (their messages, documents, code and other work). As between you and us, you own your content.

What you let us do with it

You give us permission to host, store, copy, process, transmit and display your content only as needed to provide, secure and support the Services for you, including sending it to the providers that help us run them, as our Privacy Policy describes. This permission ends when your content is deleted from the Services, except for copies we must keep by law.

No training

We do not use your content to train AI models, and we do not let the AI providers we use train on it.

Your responsibility for it

You confirm that you have the rights and permissions needed for the content you put into Simeon, including other people’s information. Work an agent produces may resemble work produced for others, and we cannot promise that it is free of other people’s rights.

Feedback

If you send us ideas or suggestions, we may use them without owing you anything.

9. AI makes mistakes

Agents use artificial intelligence, which can produce answers that are wrong, incomplete or out of date, misread a page, mishear a voice, or describe something it did not actually do. Check what an agent tells you or makes before you rely on it, especially for anything with consequences for you or for others.

Nothing Simeon produces is legal, financial, tax, medical or other professional advice. Do not use the Services for decisions that need a qualified professional, or where a mistake could cause injury, death or serious harm.

10. Messages and calls to other people

If you ask an agent to email, message or call other people, you are the sender, and the laws on marketing messages, phone calls, consent and recording that apply to you also apply to what your agent sends or says. Get the consent you need, do not use agents for unsolicited bulk messages, and do not let an agent tell anyone it is a person when the law requires you to say it is an AI.

11. Acceptable use

You may not use the Services, or let your agents be used, to:

• break the law, or help anyone else break it;
• harm, threaten, harass, stalk, or defraud anyone, or impersonate a person or organisation;
• create, store or share sexual content involving minors, or any content that exploits or endangers children;
• collect or use other people’s personal information without the right to, or surveil people without their knowledge;
• send spam, run deceptive schemes, or manipulate reviews, votes or prices;
• develop or spread malware, or access, probe or attack any system or account without permission;
• get around our safeguards, usage limits, approvals or security, or use other people’s accounts;
• scrape or use a website or app in a way its owner forbids;
• copy, reverse engineer or resell the Services, or use them or their output to build a competing product or to train a competing AI model, except as the law allows;
• help develop weapons capable of mass casualties, or attack critical infrastructure;
• make decisions with legal or similarly serious effects on people (such as about credit, employment, housing or insurance) without proper human review; or
• infringe anyone’s intellectual property, privacy or other rights.

We may investigate a suspected violation and take action, including removing content, stopping agents and suspending or closing accounts.

12. Plans, credits and payment

Free trial

Every plan starts with a free trial of 7 days, with a one-time allowance of credits. The trial needs a payment card, and we offer one trial per card and per person. Unless you cancel before the trial ends, it becomes a paid subscription to the plan you chose on day 8 and your card is charged that plan’s price then and every month after, until you cancel. You can also end the trial early and start your plan, and its charge, at once.

Subscriptions

Paid plans are billed in advance, monthly or yearly, and renew automatically for the same period until you cancel. You can cancel at any time in Simeon’s settings. Cancelling stops the next renewal; you keep your plan until the end of the period you have paid for. If you change plans, we will show you what you will pay before you confirm.

When you move to a higher plan, it starts at once, with a new weekly allowance and a new billing period, and you pay its price less a credit for the unused time on your current plan. When you move to a lower plan, the change takes effect at the end of your current billing period.

Credits

Plans include a weekly allowance of credits, which agents use as they work. Your week starts on the day your plan’s billing period starts and runs for seven days; unused credits do not carry over. On a paid plan you can buy extra credits on our website. They are used only after your weekly allowance runs out, and expire 12 months after you buy them. Credits have no cash value, cannot be transferred and are not refunded, except where the law requires it.

Prices and taxes

Prices are shown before you buy and are in US dollars unless we say otherwise. Where we must collect sales tax or VAT, the price shown includes it unless we say otherwise. We may change prices; we will tell you at least 30 days before a change applies to your subscription, and you can cancel before it does.

Payment

You authorise us and our payment processor to charge your payment method for your plan, any extra credits you buy, and any taxes due. If a payment fails, we may pause or downgrade your plan until it is paid.

Refunds

Payments are not refundable, except where the law requires a refund or where we decide otherwise. This does not affect any right you have under the law where you live.

Purchases through Apple

If you subscribe through Apple’s App Store, Apple charges you, and Apple’s terms govern billing, renewals, cancellation and refunds for that purchase.

13. Our rights in Simeon

Spaire and its licensors own the Services, including the apps, the software, the designs, and the names and logos of Simeon and Spaire. While you follow these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the Services and to install our apps on devices you own or control. Some parts of the apps are open-source software, which their own licences cover.

14. Early features

We may offer features marked as beta, preview or early access. They may be less reliable, may change or end without notice, and are provided as they are.

15. Suspension and closing your account

You can stop using Simeon and delete your account at any time. We may suspend or close your account, or stop any agent, if you break these Terms, if your account puts others or the Services at risk, if the law requires it, or if your account has been inactive for a long time; where reasonable, we will tell you first and give you a chance to fix the problem. We may also stop offering the Services altogether, and if we do, we will give you reasonable notice and refund any amount you prepaid for time you will not get.

When your account is closed, your right to use the Services ends, and we delete your content as described in our Privacy Policy. Sections that by their nature should continue (such as those on content, payment owed, disclaimers, liability, indemnity and disputes) continue after your account is closed.

16. Disclaimers

THE SERVICES, AND EVERYTHING AGENTS PRODUCE OR DO, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, SPAIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT AGENTS WILL BE ACCURATE OR COMPLETE ANY ACTION, OR THAT CONTENT WILL NOT BE LOST.

Some places do not allow some of these exclusions, so they may not all apply to you.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) SPAIRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) SPAIRE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) AND THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

These limits apply to any theory of liability, but not to liability that the law does not allow us to limit, such as for fraud, or for death or personal injury caused by our negligence.

18. Indemnity

If someone brings a claim against Spaire because of your content, the instructions you gave your agents or what they did on them, your use of connected services, or your breach of these Terms or the law, you will defend us and pay the resulting losses and reasonable costs, including legal fees. We will tell you about the claim, and you may not settle it in a way that makes us admit fault or pay without our consent. This section does not apply to you if you use Simeon as a consumer in a place whose law forbids it.

19. Disputes and arbitration

Please read this section carefully. It affects your rights, including your right to go to court.

Talk to us first

Before starting a formal dispute, write to [email protected] with your name, how to reach you, what the dispute is about and what you are asking for. We will try in good faith to resolve it with you within 60 days.

Arbitration

If we cannot resolve it, you and Spaire agree that any dispute arising from or related to these Terms or the Services will be decided by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use Simeon for a business), instead of in court. The Federal Arbitration Act governs this agreement to arbitrate. The arbitration may take place by video or in the county where you live. Either of us may instead bring an individual claim in small claims court, and either of us may go to court to stop the infringement or misuse of intellectual property.

No class actions

You and Spaire may bring claims against each other only individually, not as a plaintiff or class member in a class, collective or representative proceeding, and the arbitrator may not combine claims of more than one person.

Opting out

You can opt out of arbitration by emailing [email protected] within 30 days after you first accept these Terms, with your name, the email of your account, and a clear statement that you opt out. If you opt out, or if this arbitration agreement is found not to apply to a dispute, that dispute will be decided in the courts described below.

Governing law and courts

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Disputes that are not arbitrated will be decided only in the state or federal courts located in Delaware, and you and Spaire agree to their jurisdiction.

If you live in the European Union, the United Kingdom or elsewhere

If you use Simeon as a consumer and the law where you live gives you rights that these Terms cannot take away, including the right to bring proceedings in your local courts, nothing in these Terms limits those rights.

20. Apps from Apple’s App Store

If you downloaded one of our apps from Apple’s App Store, these terms also apply. These Terms are between you and Spaire, not Apple, and Spaire, not Apple, is responsible for the app and its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price, if any; beyond that, Apple has no warranty obligation for the app. Spaire, not Apple, is responsible for handling any claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, consumer protection and privacy claims, and claims that the app or your use of it infringes someone’s intellectual property. You confirm that you are not in a country under a United States embargo or designated as supporting terrorism, and not on a United States list of prohibited or restricted parties. You must follow the terms of any third-party service you use with the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Changes to these Terms

We may update these Terms. If a change is material, we will tell you at least 30 days before it takes effect, by email or in the app, unless the change is required by law or made for safety, in which case it may apply sooner. The new Terms apply from the date shown at the top. If you do not agree to them, stop using the Services and delete your account before they take effect; continuing to use the Services means you accept them.

22. General

• Whole agreement. These Terms, with the Privacy Policy and any feature terms, are the whole agreement between you and us about the Services.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example as part of a merger or sale of our business.
• Severability and waiver. If part of these Terms cannot be enforced, the rest still applies. If we do not enforce a right, we have not given it up.
• Events beyond our control. We are not responsible for failures caused by events we cannot reasonably control, such as outages of providers we rely on, natural disasters, war or government action.
• Export. You will follow the export and sanctions laws of the United States and other countries that apply to your use of the Services.
• Notices. We may send you notices by email to the address on your account or in the app. You can send us notices at the address below.
• Our relationship. These Terms create no partnership, employment, agency or fiduciary relationship between you and Spaire, except that Simeon acts for you as described in Your agents act for you.

23. Contact

Questions about these Terms or your account: [email protected]. Security problems: [email protected].

If you believe something on Simeon infringes your copyright, email [email protected] with a description of the work, where the material is, your contact details, and a statement that you believe in good faith that the use is not authorised.

Spaire, Inc.