Terms of Service for SocioSim

Welcome to SocioSim! These Terms of Service ("Terms") govern your access to and use of the SocioSim website, platform, application programming interfaces (APIs), and any related services (collectively, the "Service") provided by SOCIOSIM, INC. ("SocioSim," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy (located at docs/legal/privacy_policy.md). If you do not agree to these Terms, do not use the Service.

1. Eligibility and Account Registration

1.1. Age Requirement: You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly collect information from individuals under the age of 18.

1.2. Account Creation: To access certain features of the Service, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information.

1.3. Account Responsibility: You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We use industry-standard algorithms (e.g., pbkdf2_sha256) for password hashing, but you are ultimately responsible for your password's confidentiality.

2. The Service

2.1. Service Description: SocioSim is a web application designed to leverage Large Language Models (LLMs) for the creation, management, and analysis of Survey Campaigns. Its core functionality revolves around AI-assisted audience profiling, survey question generation, and the simulation of responses from these defined audience archetypes.

2.2. Nature of Service Disclaimer:

(a) Simulated Insights: You acknowledge that the Service provides simulated responses and insights generated by artificial intelligence from generalized archetypes. These simulations are based on patterns in data and are not predictions of future behavior or actual opinions of specific individuals.

(b) No Guarantee of Accuracy: While we strive to provide useful and insightful simulations, SocioSim does not guarantee the accuracy, completeness, reliability, or applicability of any information, profiles, or responses generated by the Service.

(c) Not a Replacement for Real-World Research: The Service is intended for preliminary testing, exploration, and hypothesis generation. It is not a substitute for rigorous, real-world market research, user testing, or consultation with qualified professionals. Decisions made based on information from the Service are at your sole risk.

(d) "Best Effort" Availability: We will use commercially reasonable efforts to make the Service available. However, we do not guarantee uninterrupted or error-free operation of the Service.

2.3. API Usage: If SocioSim provides access to an Application Programming Interface ("API"), your use of the API is subject to these Terms and any specific API documentation or policies we may provide.

(a) Rate Limits and Usage Quotas: API usage is subject to the following limits based on your subscription plan:

• Free Plan: 1,000 tokens/month, 100 max responses per survey, 3 max questions per survey
• Premium Plan: 5,000 tokens/month, 1,000 max responses per survey, 15 max questions per survey
• Enterprise Plan: Custom limits as specified in your enterprise agreement

(b) Overage Billing: If you exceed your plan's included token allowance:

• Premium Plan: Additional tokens charged at 10% discount from standard rates
• Enterprise Plan: Custom overage rates as specified in your agreement
• Free Plan: Overage usage requires upgrade to paid plan

(c) API Access: API access is available only for Premium and Enterprise plans. Prohibited uses include any activity that disrupts or impairs the Service or violates these Terms.

(d) Rate Limiting and Throttling: We may implement rate limiting to ensure fair usage. If you exceed rate limits, your API requests may be temporarily blocked or throttled. Enterprise customers may request higher rate limits.

2.4. Service Changes:

(a) Regular Updates: We may modify, update, or enhance the Service from time to time to improve functionality, add features, or address security issues.

(b) Major Changes Notice: For substantial changes that materially affect the core functionality of the Service or user access, we will provide at least 30 days' advance notice via email to registered users and prominent notice on our website.

(c) Immediate Changes: We reserve the right to make immediate changes without prior notice in cases involving:

• Security vulnerabilities or threats
• Legal compliance requirements
• Preventing abuse or violations of these Terms
• Technical emergencies affecting Service operation

(d) Feature Discontinuation: If we discontinue a major feature or service component, we will provide 30 days' advance notice and, where feasible, offer alternative solutions or data export options.

(e) Continued Use: Your continued use of the Service after any changes constitutes acceptance of those changes.

3. User Content and Data Rights

3.1. Input Data:

(a) Ownership: You retain ownership of all data, content, survey questions, audience profiles, or other materials that you submit, upload, or input into the Service ("Input Data").

(b) Limited License: By providing Input Data to the Service, you grant SocioSim a limited, non-exclusive, non-transferable license to use, process, store, and display your Input Data solely for the purposes of:

• Operating and providing the Service to you
• Generating AI simulations and responses for your account
• Maintaining and improving our technical infrastructure
• Providing customer support for your account

This license is non-sublicensable and does not permit sharing your Input Data with unaffiliated third parties. This license ends when your Input Data is deleted from our systems.

(c) No Third-Party Sharing: We will not share your Input Data with third parties except:

• As required to operate the Service (e.g., cloud hosting providers under strict confidentiality agreements)
• As required by law or legal process
• With your explicit written consent
• In anonymized and aggregated form as described in Section 3.3

(d) Responsibility for Input Data: You are solely responsible for your Input Data and the consequences of submitting it. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit your Input Data and grant the license described above.

3.2. Prohibited Input Content: You agree not to submit any Input Data that:

1. Is illegal, fraudulent, or promotes illegal activities;
2. Infringes upon or violates any third party's rights, including intellectual property rights, privacy rights, or publicity rights;
3. Is defamatory, libelous, threatening, harassing, abusive, hateful, or racially or ethnically offensive;
4. Contains software viruses, worms, or other harmful computer code, files, or programs;
5. Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
6. Attempts to exploit or harm minors in any way;
7. Violates the terms of service or usage policies of any underlying Large Language Model providers (e.g., Google Gemini, OpenAI) accessed through our Service. SocioSim may provide links or references to such third-party terms for your convenience.

3.2A. DMCA Copyright Compliance:

(a) Notification of Infringement: If you believe that material available through the Service infringes your copyright, you may request removal of that material by providing our designated copyright agent with the following written information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

(b) Designated Copyright Agent:

SocioSim Inc.
Attn: DMCA Agent
8 The Green #22869
Dover, DE, 19901, United States
Email: legal@sociosim.org

(c) Counter-Notification: If you believe material you posted was removed in error, you may submit a counter-notification to our designated agent with the required information as specified by the DMCA.

(d) Repeat Offenders: We will terminate the accounts of users who are determined to be repeat copyright infringers.

3.3. Output Data:

(a) Ownership: Subject to your compliance with these Terms, you own the specific AI-generated character profiles and simulated survey responses ("Output Data") that are generated by the Service directly as a result of your Input Data. SocioSim, Inc. retains all rights, title, and interest in and to the Service, its underlying AI models, algorithms, and any aggregated, anonymized data derived from the use of the Service according to the standards specified below.

(b) Data Anonymization Standards: When we create aggregated, anonymized data from user interactions:

• All personally identifiable information is removed or obfuscated
• Data is aggregated across a minimum of 10 users to prevent individual identification
• Direct identifiers (names, email addresses, IP addresses) are completely removed
• Quasi-identifiers are generalized to prevent re-identification attacks
• We apply k-anonymity principles where k ≥ 5 for demographic combinations
• Time-based data is rounded to prevent temporal correlation attacks

(c) Usage Rights for Output Data: You may use the Output Data for any lawful purpose, including commercial and non-commercial uses, subject to these Terms and any applicable laws.

(d) Attribution: Attribution to SocioSim is not mandatory if you publish or share insights derived from the Output Data; however, it is appreciated. If you choose to provide attribution, please use the name "SocioSim" or "Powered by SocioSim."

4. Fees, Payments, and Subscriptions

4.1. Subscription Plans and Fees: The Service may be provided under various subscription plans (e.g., Free, Premium, Pro, Enterprise) with differing features, usage quotas (including "tokens"), and fees. You agree to pay all applicable fees for the subscription plan you select, in accordance with the pricing and payment terms presented to you at the time of purchase.

4.2. Free Tier/Trials: If you register for a free tier or a trial, we will make the applicable Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if applicable), (b) the start date of any purchased subscription, or (c) termination by us in our sole discretion. Any data you enter into the Service, and any configurations or customizations made during the free trial may be permanently lost unless you purchase a subscription to the same services as those covered by the trial, purchase upgraded services, or export such data before the end of the trial period. Free tiers may have limited features and usage quotas.

4.3. Payment Processing: We use third-party payment processors (e.g., Stripe) to bill you through a payment account linked to your account on the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for any errors by the payment processor.

4.4. Subscription Renewals: Unless you notify us before the end of your current subscription period that you want to cancel your subscription, your subscription will automatically renew for successive periods of the same duration as your initial term. You authorize us to collect the then-applicable subscription fee using any credit card or other payment mechanism we have on record for you.

4.5. Price Changes: We reserve the right to change our subscription fees and token costs. We will provide you with at least 30 days' advance notice of any price changes through email and prominent notice within the application. If you do not agree to the price change, you must cancel your subscription before the change takes effect to avoid being charged the new rate.

4.6. Refund Policy:

(a) Refunds for subscriptions may be issued on a prorated basis, calculated based on the lesser of (i) the remaining active subscription time or (ii) the value of unused tokens allocated to that subscription period.

(b) To request a refund, you must contact us at refund@sociosim.org within 7 days of the payment for which you are seeking a refund.

(c) We reserve the right to refuse a refund request if we find that you have violated these Terms or abused our refund policy.

(d) Refunds are typically processed within 14 days to the original payment method. No refunds are provided for used tokens or for services already rendered.

5. Intellectual Property

5.1. SocioSim's Intellectual Property: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all underlying AI models, algorithms, and know-how are owned by SOCIOSIM, INC., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes, in accordance with your subscription plan.

5.2. User Feedback: If you provide us with any feedback, comments, or suggestions regarding the Service ("Feedback"), you hereby grant SOCIOSIM, INC. a non-exclusive, royalty-free license to use such Feedback solely for the purpose of improving our Service and internal operations. This license is limited to non-competitive uses and does not include the right to sell, transfer, or sublicense your Feedback to third parties for their independent use. We will not use your Feedback to develop competing products or services outside of our existing Service offerings.

6. Prohibited Uses

You agree not to use the Service:

1. In any way that violates any applicable federal, state, local, or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
3. To generate, transmit, or procure the sending of, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
4. To impersonate or attempt to impersonate SocioSim, a SocioSim employee, another user, or any other person or entity.
5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm SocioSim or users of the Service or expose them to liability.
6. To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service.
7. To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
8. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
9. To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.
10. To systematically scrape, extract, or download data from the Service, or to build a competitive product or service.
11. To attempt to generate content that violates applicable laws, infringes third-party rights, or is designed to engage in fraud, defamation, harassment, or other illegal activities.
12. In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.

6.1. Content Moderation: We reserve the right to review, monitor, and remove content that violates these Terms. Our content moderation process includes:

(a) Automated screening for clearly illegal or harmful content

(b) User reporting mechanisms for policy violations

(c) Human review of reported content within 48 hours

(d) Notice to users when content is removed with opportunity to appeal

(e) Account suspension or termination for repeat violations

7. Termination

7.1. Termination by You: You may terminate your account and these Terms at any time by ceasing to use the Service and deleting your account (if this feature is available) or by contacting us at support@sociosim.org.

7.2. Termination or Suspension by SocioSim: We may, in our sole discretion, suspend or terminate your access to and use of the Service, with or without cause or notice, including but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, for non-payment of fees, or for engaging in illegal or fraudulent activities.

7.3. Effect of Termination: Upon termination of your account:

(a) Your right to access and use the Service will immediately cease.

(b) Data Retention and Export Grace Period:

• For Paying Customers: We will retain your Input Data and Output Data for 30 days after termination to allow you to export your data. After this grace period, we reserve the right to delete all data associated with your account.
• For Free Accounts: We may delete your data immediately upon termination, though we may retain it for up to 30 days at our discretion.
• Data Export: You may request a complete export of your data during the grace period by contacting support@sociosim.org. It is your responsibility to export any data you wish to retain.

(c) Any provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SOCIOSIM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOCIOSIM, INC., ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9.1. Liability Caps:

(a) Free Accounts: Our total aggregate liability shall not exceed $100.

(b) Paid Accounts: Our total aggregate liability shall not exceed the greater of (i) the total amount paid by you to SocioSim for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) $1,000.

(c) Enterprise Accounts: For enterprise customers with annual contracts exceeding $10,000, our total aggregate liability shall not exceed the lesser of (i) the total amount paid by you in the current contract year, or (ii) $50,000, unless otherwise specified in a separate enterprise agreement.

9.2. Exceptions: The foregoing limitations shall not apply to:

(a) Our gross negligence or willful misconduct

(b) Claims for personal injury or death caused by our negligence

(c) Fraud or fraudulent misrepresentation

(d) Any liability that cannot be excluded or limited under applicable law

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless SOCIOSIM, INC., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Input Data, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

11. Governing Law and Dispute Resolution

11.1. Governing Law: These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

11.2. Dispute Resolution; Binding Arbitration:

(a) Informal Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against SocioSim, you agree to try to resolve the dispute informally by contacting legal@sociosim.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or SocioSim may bring a formal proceeding.

(b) Arbitration: You and SocioSim agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Wilmington, Delaware, via virtual/remote proceedings when feasible, or any other location we mutually agree to.

(c) Arbitration Fees: The AAA rules will govern payment of all arbitration fees. SocioSim will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. SocioSim will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Exceptions to Agreement to Arbitrate: Either you or SocioSim may assert claims, if they qualify, in small claims court in New Castle County, Delaware, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

(e) No Class Actions: Except where prohibited by applicable law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed, except where such waivers are prohibited by law.

12. Modifications to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days notice prior to any new terms taking effect, typically by posting a notice on our website, through the Service, or by sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. General Provisions

13.1. Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SOCIOSIM, INC. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

13.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.3. No Waiver: No waiver by SocioSim of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SocioSim to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

13.5. Notices: Any notices or other communications provided by SocioSim under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

13.6. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Information

If you have any questions about these Terms, please contact us at: