Simmie Terms of Service

1. Definitions

• Authorized User: an individual the Customer permits to use its account, such as an employee or contractor.
• Customer Content: content you or your Authorized Users submit to the Services, including call recordings and transcripts, transcripts from connected recording devices (such as Plaud), CRM data made available through our MCP server or connected AI assistants, documents, module and rubric inputs, and audio, text or responses produced during simulations or live sessions.
• Output: content the Services generate for you, such as simulations, AI personas, scores, rubric evaluations, coaching feedback, Simmie Cue suggestions, skill-gap reports and recommendations.
• Usage Data: technical and performance data about how the Services are used, including session metadata, timing, feature usage, scores, credit consumption and coaching events.
• De-identified Data: data that has been processed so it does not identify, and cannot reasonably be linked to, you, an Authorized User, or any other individual or organization.
• Free Trial: no-cost access to the Services as described in Section 5.
• Paid Plan: a paid subscription, credit purchase, annual license or enterprise agreement.
• Order Form: a signed order form, statement of work or master agreement between Customer and Simmie.

2. Order of precedence

If you have signed an Order Form with Simmie, that Order Form governs where it conflicts with these Terms. Otherwise these Terms, the Privacy Policy and any plan details shown at purchase make up the full agreement.

3. Eligibility, accounts and Authorized Users

The Services are for business and professional use. You must be at least 18 years old and able to form a binding contract. You must give accurate account information and keep your login credentials secure. Each Authorized User must have a separate login; seats may not be shared. Customer is responsible for its Authorized Users’ compliance with these Terms and for all activity under its account.

4. Plans

We offer (a) a Free Trial, (b) self-serve Paid Plans such as Team and credit top-ups, and (c) annual licenses, assessments and enterprise agreements under an Order Form. Plan features, seat limits and credit allotments are described at purchase or in the Order Form. Some features are in beta, labeled as such, and may change or be withdrawn.

• 4.1 Individual plans are for one person. Individual plans are licensed to a single named person for their own use only. Individual plan accounts, logins and credits may not be shared with, transferred to or used by anyone else, including colleagues, team members or clients. Teams must purchase a Team plan or an Order Form. Any abuse of this one-person limit, including account sharing, may result in suspension or cancellation of the subscription without refund.
• 4.2 Unlimited plans are subject to fair use. Any plan or feature described as unlimited is provided for normal, fair and reasonable use by the Authorized Users it covers. Unlimited does not permit excessive or abnormal usage, automated or scripted usage, reselling, account sharing, or usage intended to harm the Services or other customers. Simmie may determine in its reasonable judgment what constitutes abuse and may limit, suspend or cancel the subscription for abuse.

5. Free Trial terms

The following applies to Free Trial users in addition to the rest of these Terms:

• 5.1 Scope. A Free Trial includes a limited allotment of credits for a limited period (currently 30 credits over 10 days), plus any bonus credits we offer, such as for completing an in-app survey. We may change, limit or end Free Trials at any time.
• 5.2 One trial. One Free Trial per person and organization. Creating multiple accounts to extend a trial is prohibited.
• 5.3 As-is. Free Trials are provided as-is, without any service level, support commitment or warranty.
• 5.4 Early-access features. Free Trial users may receive new or beta features, such as Simmie Cue, before paying customers. These features may be monitored more closely and may change without notice.
• 5.5 Data use. Free Trial users grant Simmie the rights described in Section 10.2, including use of Customer Content and Usage Data to train and improve Simmie’s models.
• 5.6 Liability. Simmie’s total liability for a Free Trial is limited to US $100.
• 5.7 End of trial. When the trial ends or credits run out, access may stop unless you buy a Paid Plan. We may delete trial accounts and data after 90 days of inactivity.

6. Fees, credits, renewal and refunds

• 6.1 Fees. You agree to pay the fees for your Paid Plan. Fees are in US dollars and exclude taxes, which you are responsible for (other than taxes on Simmie’s income).
• 6.2 Credits. Many features consume credits, including simulation time, analysis time and coaching sessions. Credit rates are shown in the product or at purchase and may change on notice. Credits included in a monthly plan expire at the end of each billing period. Purchased top-up credits expire 12 months after purchase. Credits have no cash value and cannot be transferred.
• 6.3 Automatic renewal. Subscriptions renew automatically for the same term at the then-current price unless you cancel before the renewal date. By subscribing, you authorize us (and our payment processor) to charge your payment method each period. We will notify you before any price change takes effect.
• 6.4 Cancellation. You may cancel a self-serve subscription at any time in your account settings or by emailing support@simmie.ai. Cancellation takes effect at the end of the current billing period. Simmie may also cancel your subscription as described in Section 19.
• 6.5 Refunds. Except where required by law, stated in an Order Form or provided in Section 19.3A when Simmie cancels your subscription, fees are non-refundable, including annual prepaid fees and used or unused credits. If you believe you were charged in error, contact us within 30 days.
• 6.6 Late payment. We may suspend access for overdue amounts after notice.
• 6.7 Payment processors. Payments are processed by Stripe under its own terms and privacy policy.

7. License and acceptable use

• 7.1 License. Subject to these Terms and payment of fees, Simmie grants Customer a limited, non-exclusive, non-transferable, revocable right during the subscription term for its Authorized Users to access and use the Services for Customer’s internal business purposes, including training and evaluating its own personnel.
• 7.2 Restrictions. You will not, and will not let anyone else: (a) copy, resell, sublicense or provide the Services to third parties except as allowed by your plan; (b) reverse engineer, decompile or try to extract source code, prompts, model weights or rubric logic; (c) use the Services or Outputs to build or train a competing product or model; (d) scrape or use automated means to access the Services except through our published APIs and MCP server; (e) bypass security, usage limits or credit metering; (f) upload malware or content you have no right to share; (g) use the Services for unlawful, harassing, discriminatory, sexually explicit or deceptive purposes; (h) impersonate real individuals in personas without their permission; or (i) upload special categories of sensitive data (such as health, financial account or government ID information) unless your Order Form allows it.
• 7.3 Reservation of rights. All rights not expressly granted are reserved by Simmie.

8. Customer Content and ownership

• 8.1 Your content. As between the parties, Customer owns its Customer Content. Customer grants Simmie a worldwide, non-exclusive license to host, copy, process, transmit and display Customer Content to provide, secure and support the Services, and for the purposes in Section 10.
• 8.2 Outputs. Subject to Simmie’s rights in the Services, Customer may use Outputs for its internal business purposes. Outputs may be similar to outputs provided to other customers, and Customer gets no exclusive rights in them.
• 8.3 Simmie’s property. Simmie owns the Services and everything related to them, including software, models, prompts, personas, rubrics and calibration methods, modules Simmie creates, Usage Data, De-identified Data, and all improvements and derivatives, whether or not developed using Customer Content or feedback.
• 8.4 Your responsibility. You confirm you have all rights and consents needed to submit Customer Content and to let Simmie use it under these Terms.

9. AI features, scoring and Simmie Cue

• 9.1 What the Services do. The Services use artificial intelligence, including large language models, speech-to-text, text-to-speech and classifiers, to create simulations and personas, score conversations against rubrics, generate coaching and reports, and, through Simmie Cue, suggest questions or actions in real time during simulations or live calls.
• 9.2 AI disclosure. Personas and coaches in the Services are AI, not humans.
• 9.3 Accuracy. AI Outputs can be incomplete, inaccurate or inconsistent, including scores and certifications. You are responsible for reviewing Outputs before relying on them.
• 9.4 Employment decisions. Scores, skill-gap reports and pass/no-pass results are training tools. Customer will not use them as the sole basis for hiring, firing, promotion, compensation or similar decisions, and is responsible for complying with laws on automated or AI-assisted employment decisions, including any required notices, bias audits or human review.
• 9.5 Real-time coaching. Simmie Cue suggestions are optional prompts. You decide what to say to any customer or prospect, and you are responsible for the accuracy and legality of your own communications.

10. Data use, service improvement and model training

• 10.1 All users. Simmie may collect and use Usage Data and De-identified Data for any lawful purpose, including to operate, secure, analyze and improve the Services, develop new features, create benchmarks, and train, evaluate and improve Simmie’s models (including scoring, recommendation and Simmie Cue models). Benchmarks we share externally will not identify you or your organization.
• 10.2 Free Trial and individual users. If you use a Free Trial or an individual plan, you also grant Simmie a perpetual, irrevocable, worldwide, royalty-free license to use transcripts of your simulations and coaching sessions and the decisions and Outputs derived from them (including Simmie Cue suggestions and when they were triggered, whether you acted on them, and scores), together with survey responses and related Usage Data, to train, fine-tune, evaluate and improve Simmie’s models and Services. We remove direct identifiers (such as name and email) from training datasets where practicable, and we never train on voice biometrics (see Section 11.2). This license survives the end of your account for content already included in a training dataset or model.
• 10.3 Paid Team customers. For self-serve Team plans, Simmie may use transcripts and the decisions derived from them to train and improve its models only after de-identifying them. Customer may opt out of this use going forward by emailing support@simmie.ai with the subject line “Training Opt-Out.” Opt-out does not apply to Usage Data, or to De-identified Data already incorporated into a model.
• 10.4 Enterprise and Order Form customers. Simmie will not use Customer Content to train models except in De-identified form or as permitted in the Order Form or a data processing agreement.
• 10.5 No sale. Simmie does not sell personal information or share Customer Content with other customers.
• 10.6 Service providers. We use third-party providers, including cloud hosting (Microsoft Azure), AI model and voice providers (such as OpenAI, ElevenLabs, Cartesia and others we use from time to time), and payment processing (Stripe), to process data on our behalf. A current list is available on request.
• 10.7 Privacy. Our Privacy Policy explains how we handle personal information and is part of these Terms.

11. Call recording, consent and voice data

• 11.1 Recording consent. If you upload real calls, capture field conversations on a connected device such as Plaud (Simmie receives the transcript, not the audio), or use Simmie Cue or scoring on live calls, you are solely responsible for giving all notices and getting all consents required by law from every participant, including in all-party-consent states and countries.
• 11.2 Voice data. Simulations and live sessions involve processing voice audio. Simmie does not create or store voiceprints or other biometric identifiers unless the feature is clearly described and you (and any affected individual) give separate written consent first, as required by applicable law. Simmie never trains any model on voice biometrics, including voiceprints or other biometric identifiers, and does not train models to recognize, identify or clone an individual’s voice. Model training uses transcripts and the decisions derived from them, never audio recordings.
• 11.3 Third parties’ information. You will not upload recordings or transcripts containing other people’s personal information unless you have a lawful basis to do so.

12. Third-party services and integrations

The Services can connect to third-party products, including AI assistants (such as ChatGPT, Claude, Microsoft Copilot and Grok) through our MCP server, automation tools (such as Zapier), recording devices (such as Plaud, from which Simmie receives transcripts), CRM data accessed through our MCP server to build simulations, Slack and identity providers. When you enable an integration, you authorize Simmie to exchange data with it. Third-party services are governed by their own terms and privacy policies, and Simmie is not responsible for them. Simmie may change or discontinue integrations if a provider changes its service.

13. Confidentiality

Each party will protect the other’s non-public business information it receives through the Services with reasonable care, use it only to perform under these Terms, and not disclose it except to people who need to know and are bound by similar obligations, or as required by law. Customer Content is Customer’s confidential information, subject to Simmie’s rights in Sections 8 and 10.

14. Feedback, surveys and testimonials

If you give us suggestions or feedback, including through in-app surveys or our AI survey agent, we may use it without restriction or payment. We will only publish your name, likeness, voice or quotes as a testimonial if you consent. Customer logos are used in customer lists only with permission or as stated in an Order Form.

15. Support and availability

We provide support by email at support@simmie.ai. Support levels and any uptime commitments for Paid Plans are set out in the plan description or Order Form. We may perform maintenance and update the Services, including changing or removing features, but will not materially reduce core functionality of a Paid Plan during a prepaid term.

16. Disclaimers

Except as expressly stated in an Order Form, the Services and Outputs are provided “as is” and “as available.” Simmie disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and noninfringement. Simmie does not warrant that the Services will be uninterrupted or error-free, that Outputs will be accurate, or that use of the Services will produce any particular sales or performance result.

17. Limitation of liability

• 17.1 Neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or lost profits, revenue, data or goodwill, even if advised of their possibility.
• 17.2 Each party’s total liability arising out of these Terms will not exceed the fees paid or payable by Customer to Simmie in the 12 months before the event giving rise to the claim, or US $100 for Free Trial users.
• 17.3 These limits do not apply to Customer’s payment obligations, a party’s indemnity obligations, or breach of Section 7.2, or where prohibited by law.

18. Indemnification

Customer will defend and indemnify Simmie and its officers, directors, employees and agents against third-party claims arising from Customer Content, Customer’s or its Authorized Users’ use of the Services in violation of these Terms or law, including recording-consent and employment-decision laws. Simmie will defend and indemnify Customer on a Paid Plan against third-party claims that the Services, as provided by Simmie, infringe that party’s intellectual property rights, except to the extent caused by Customer Content, combinations with non-Simmie products, or modifications not made by Simmie.

19. Term, suspension and termination

• 19.1 These Terms apply for as long as you use the Services. Paid Plans continue for the subscription term and renewals.
• 19.2 Simmie may suspend access immediately if needed to prevent harm to the Services or others, for non-payment, or for violation of Section 7. We will try to give notice where practical.
• 19.3 Either party may terminate a Paid Plan for the other’s material breach not cured within 30 days of written notice. Simmie may end Free Trials at any time.
• 19.3A In addition, Simmie may cancel or terminate any subscription, Paid Plan or account at any time, for any reason or no reason, by giving notice to the account email address. Unless Simmie cancels for abuse, breach or a violation of Section 4 or Section 7, cancellation may take effect immediately or at a later date stated in the notice, Simmie will not charge any further renewals, and Simmie will refund you for any unused credits and any unused, prepaid subscription time remaining on your plan as of the cancellation date. Refunds of unused subscription time are calculated pro rata, and refunds of unused credits are based on the price you paid for those credits. Refunds are issued to the original payment method. If Simmie cancels for abuse, breach or a violation of Section 4 or Section 7, cancellation may take effect immediately and without refund, except where a refund is required by law.
• 19.4 On termination, access ends. Customer may request export of its Customer Content within 30 days; after that, Simmie may delete it, except for data retained under Section 10 or as required by law. Deletion from backups may take longer.
• 19.5 Sections 6 (amounts owed), 7.2, 8, 10, 13, 14 and 16 through 21 survive termination.

20. Changes to these Terms

We may update these Terms from time to time. For material changes, including changes to how we use Customer Content, we will give at least 30 days’ notice by email or in the product before the changes take effect. Changes do not alter the terms of a signed Order Form during its term. If you do not agree to a change, you may stop using the Services and cancel before it takes effect; continued use after the effective date means you accept the updated Terms.

21. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to them. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

22. General

You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver. The parties are independent contractors. You will comply with applicable export control and sanctions laws. Notices to Simmie must be sent to the email below.

23. Contact

Copyright (DMCA) notices: we respond to notices of claimed infringement under 17 U.S.C. § 512. Send notices to our Designated Agent, Attn: Copyright Agent, at the address above or support@simmie.ai.