1. INTRODUCTION AND SERVICES
These Terms and Conditions (the “Terms”) were last updated on 25th October 2022. If you have not reviewed it since that date, please do so now.
Welcome to Simirity. Simirity is an online Service (the “Service”) that allows members to create Accounts in order to connect to other Family Members, capture and upload Media Files (photos, audio, video and documents), create media rich stories either alone or with coauthors (called “Stories”), search story inspiration, Administer authorised family member Accounts, share Stories, manage Stories, manage family groups, search for Stories or media files, view connected family member profiles, comment on other family member’s content (Stories or media files) and share comments with family, on multiple computer devices and network platforms (here after named the “Service”). The Service is owned and operated by Simirity Ltd. which is a registered company in the UK under registration number 14373273 with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (hereafter “Simirity”, ‘we’, ‘our’ or ‘us’). ‘You’ or ‘your’ means an adult User, over the age of 18, of the Service (see Section “Age Restrictions” below). Any use of the Service and/or the Simirity Website at www.simirity.com (the “Website”) is subject to compliance with the Terms and Conditions listed herein. Please read them carefully, because by using the Website or the Service you agree to be bound by them and to enter into an agreement with us based on such Terms and Conditions (this “Agreement”), whether or not you register as a member in Simirity. Any new features included in the Services in the future will also be subject to these Terms.
Please regularly check these Terms for any updates or other changes, which will be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The up to date Terms will be posted on our mobile applications and Website and the effective date of each update will be shown at the top of the Terms. Your continued use of the Service after any update will be deemed to represent your consent to be bound by the new Terms. If you do not agree to any change to these Terms, you must immediately stop using the Website and Service.
You also agree to our Cookie Policy. Please read our Privacy Policy (which describes how we collect, process, use, and share your data) as it contains important information about your rights and responsibilities when you use the Website and Services.
1.1 Eligibility to Use the Services
Free Users, Family or Family+ Subscribers and Family Members connected to a Family or Family+ subscription are all Users (the “Users”) under these Terms.
Simirity.com is provided for your personal, non-commercial (B2C) use only. In order to use the Service, you must register for an Account with us (see Privacy Policy for information on data required for Registration). You will be required to provide information about yourself that is true, accurate, current and complete including your name and email address as part of the registration process. We need this information in order to enable you to properly use the Service, including to connect with and be identified by your friends and family through the Service. You will be responsible for maintaining the accuracy, currency and completeness of such information.
You will be provided with an Account and you will be required to set up a password to access and use the Service. The information obtained as part of the registration process, your password, and any other information contained in your User Profile will be referred to in these Terms of Service as your “Account Information”.
You are responsible for maintaining the confidentiality of your Account Information and you will be fully responsible for all activities that occur under your Account, including activities of others to whom you have provided your Account Information. You agree to immediately notify Simirity of any unauthorised use (suspected or actual) of your Account Information, your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate, current or complete information or to keep your Account Information secure.
If you are between the ages of 13 and 18, you may use the Services with your parent’s or guardian’s permission. Children under the age of 13 are not permitted to use the Services. See section on Age Restrictions for more information.
1.2 Limited use Licence
Subject to your compliance with these Terms, Simirity grants you a limited, personal, non-commercial, non-transferable, non-exclusive and revocable “Licence” to use the Service and the software used in the provision of the Service as permitted by these Terms. Any rights not granted expressly by us to you in these Terms are reserved. We reserve the right to cancel any or all of the Service at any time.
Violation of this Licence may result in the immediate termination of your membership and may result in legal action for injunction, damages and/or any other equitable relief.
1.3 Use of Services
In exchange for your Licence, you agree that you will:
- Comply with the Simirity’s Cookie Policy, Copyright rules and Community Rules;
- Comply with all applicable laws;
- Be responsible for all usage and activity on the Services made via your Account or with your log-in information;
- Contact us if you suspect your Account has been used without your authorisation or you believe your Username and password have been stolen;
- Not resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms;
- Not circumvent, disable or otherwise interfere with security-related features of the Services;
- Not circumvent, disable or otherwise interfere with features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including by using any self-developed or third-party developed bots, crawlers, spiders, data miners, scraping, or other automatic access tools.
1.4 Age Restrictions
Users must be 18 years or older to create and Administer their own independent Account on the Service. Registering and logging in to the Website shall be deemed as confirmation that Users are 18 years or over.
Simirity is not directed to minors. Parents and Guardians can create and Administer a ‘Child’ Account for minors under their supervision. Minors between the ages of 13 and 18 may only use the Services if granted permission by their parent’s or guardian’s, by the action of providing the minor the login details emailed to the Parent or Guardian. Children under the age of 13 are not permitted to use any Services. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.
Consistent with applicable law, Simirity does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will take commercially reasonable efforts to delete such data from our system.
1.5 Community Rules
The overarching premise of what constitutes appropriate behaviour, is that Users should behave within Simirity as they would within their own family home. Showing care and respect for one another. Fostering a safe and rewarding environment for everyone they interact with.
You agree that all information, data, text, images, sounds, video, messages, labels and other materials, in whatever form and technical structure uploaded to the Service (the “User Content”), are the sole responsibility of the person(s) originating the User Content and uploading the User Content to the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any User Content available with the Service for any reason in our sole discretion and without liability to any person. You agree that you are responsible for your own conduct and all conduct under your Account, and all User Content that is created, transmitted, stored or displayed by anyone using your Account Information within the Service and for any consequences arising as a result thereof.
You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio/ audio visual content, copyright laws, defamation laws, privacy laws and the storage and transmission of data and technology). You represent and warrant to Simirity that you have the unfettered legal rights and authority to submit your User Content to Simirity in connection with your use of the Service, and that the rights you grant to Simirity in connection with the inclusion of your User Content in the Service do not infringe the rights of any person or third party.
You specifically agree that you will NOT in using the Service:
(a) upload, post or transmit any User Content that infringes any patent, trade mark, trade secret, database, design, copyright or other proprietary rights of any party or otherwise breaches any obligation of confidentiality to any party in any relevant jurisdiction;
(b) upload, post or transmit any User Content that is unlawful, obscene, untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, pornographic, deliberately provocative, indecent, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive in any relevant jurisdiction;
(c) impersonate any person or entity, including, but not limited to, any Simirity staff member, or falsely state or otherwise misrepresent your affiliation with Simirity or any other person or entity;
(d) infringe the Intellectual Property Rights of others;
(e) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights or privacy of others;
(f) post any User Content (for example, another’s photograph, address, email, phone number or any other contact information) about any living person by which they may be personally identified without their prior written consent (which you must provide to us within 5 days of a request for same by us) or which in any way compromises another living person’s privacy or breaches confidentiality. When obtaining such consent you must also obtain their consent for us to collect their information in accordance with our Privacy Policy;
(g) post any personal information or images identifying a minor without the prior written consent of that individual’s parent or guardian;
(h) upload, post or transmit any material that contains software viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs designed to interrupt, destroy or limit the functionality, circumvent the security features, navigational structure or presentation of the Service, or any computer software or hardware or telecommunications equipment;
(i) upload, post or transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(j) use the Service for illegal purposes (with reference to applicable local, state, national or international laws); or for promotion of dangerous or illegal activities;
(k) interfere with or disrupt the Service or servers or networks connected to the Service;
(l) engage in commercial activities within the Service;
(m) use the Service for the primary purpose of promoting a cause or movement, whether political, religious or otherwise nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous;
(n) use the Service for any purpose outside of its intended Purpose or submit false reports of abuse or misconduct;
(o) harass or inundate other Users with Contact Request after Contact Request if the recipient User has indicated that they do not wish to accept the connection;
(p) systematically retrieve data or other User Content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(q) circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of simirity.com and/or the User Content contained therein;
(r) engage in unauthorized framing of or linking to simirity.com;
(s) engage in any automated use of the system, such as using scripts to send Comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(t) copy or adapt simirity.com’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(q) add any Personal Data (as described in the Privacy Policy and defined on https://gdpr-info.eu/art-4-gdpr/ ) relating to yourself or others, to Stories, Comments or any other medium on Simirity. All content added to Simirity outside of those defined in the Privacy Policy, are classified as User Content, not Personal Data.
You understand and accept that, notwithstanding our efforts and these Terms, you may be exposed to offensive, indecent or objectionable User Content when using the Service, and, accordingly, you use the Service at your own risk.
You agree that if you choose to share your User Content from Simirity on a third-party Website or Service (including by using the “Private Sharing Link” facility within the Service), you do so at your own risk, and you understand that these Terms and Simirity’s Privacy Policy do not apply to your use of such Websites or Services.
You acknowledge that without limiting any other remedy we may have, we reserve the right to remove any User Content that breaches these Terms.
1.6 Definitions
Account Information: The information provided by Users for their Profiles
Active Users: Users who are alive
Admin: Users can optionally specify an Admin from their list of contacts, who can help administer their profile
Co-Authors: Users who have been granted Access Rights by the Story Publisher
Comments: Added by Users to Stories or media files
Contact Request: When a User requests to connect to another User within Simirity. The recipient can accept or reject the Contact Request
Deceased User Process: The process that transforms a User’s Profile from that of a living person to someone who has died. The profile page is updated accordingly
Family Members: The people that the User connects to within the App
Featured Profile: The User who is the primary featured person in a story
Free Account: The account type used by Free Users, with no cost
Free User: Users with no access to a Subscription
Group Manager: User who is managing a Group
Group Members: Users within a Group
Group Successor: User who will become the Group Manager if the current Group Manager dies
Groups: Users can create Groups of family contacts, and stories can give Story Access to specific Groups
Inactive Users: Users who are deceased
Licence: The limited use Licence granted by Simirity to the User
Media File Upload Limit: A GB limit that varies between Subscription types, shared between all Users of a Subscription, that when reached the uploading of all media files is prevented
Media Files: Photos, videos, audio files (including narrations) and attachments.
Private Sharing Link: A URL that Story Publishers can enable to allow a story to be visible to users outside of Simirity.
Profile: The page containing the Users information
Promotions: Any offer, promotion, discount, extra value given to Users by Simirity
Relationship: Specified by each User, for each person on their contact list. Their relationship is relative to that person
Service: the Service provided by Simirity to our customers
Stories: The ‘post’ or ‘entry’ created by Users
Story Access: Specified by the Story Publisher on a story basis, that dictates who is able to access the story
Story Participants: Users who have been tagged as being participants in a story
Story Publisher: The User who publishes a story and to whom the stories IP belongs
Story Requests: Created by Users for their Family Members, to ask for the creation of specific stories. Recipients can accept or reject the Story Request
Subscriber / Subscription Owner: The User who has paid for a Subscription and manages that Subscription
Subscription Period: The 12 month period that is the duration of a Subscription
Subscription Sales: Sales generated from ‘Family’ and ‘Family+’ Subscriptions
Subscription Seats: Seats are allocated by the Subscription Owner to give access to their Subscription
Subscription User: Users who have access to a Subscription Owner’s Subscription
Terms: These Terms and Conditions
User Content: All content uploaded by the User
Users: People who have created an account to access the App
Website: All domains on the simirity.com domain
2. CONTENT
2.1 Personal Information
For more information on the types of Personal Information you may provide us and your respective rights, see our Privacy Policy.
2.2 User Provided Content
With respect to User Content, you agree that:
- You are solely responsible for your User Content;
- You have all the necessary legal rights to upload or post your User Content;
- Any User Content you provide complies with the Community Rules;
- You will provide Simirity, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
- Any User Content that you have shared publicly (e.g. by using the Private Sharing Link feature) is appropriate for such audiences and have been approved by all affected parties. We will not be required to remove any User Content that you have made public or has otherwise been shared by other Users.
2.3 Publicly Available Information
At Simirity, your content is by default only accessible by those you provide access to. However, some of your data is available to people outside of your contact list in order to optimise the Service. By using Simirity, you hereby accept that your first name, last name and avatar will be visible to non-contacts who have your Account’s email address, and to the full contact list of your contacts in Simirty.
In addition, any Stories with the Private Sharing Link enabled by the Author, may contain your full name and avatar if you are associated with the story in some way. Such content can only be accessed by those whom have been given the Private Sharing Link by the Author(s).
2.4 Story Requests
Story Requests offer an optional way to ask Family Members for stories that interest you, and receive ideas for stories from connected Family Members. This is nothing more than a communication tool, and there is no obligation for Users to create Stories on the basis of a Story Request. A historical record of all Story Requests is available to creators only. There is no option for Users to disable Story Requests.
2.5 Ownership of Your Content
You own your Personal Information and User Content. You can delete your Personal Information and all Stories where you are the Story Publisher by contacting [email protected] (for additional information, see the Privacy Policy). So long as your User Content remains on our system, we need certain rights from you for your and others’ use of the Services. By using the Services, you grant us the right to collect, host, transfer, process, analyse, communicate and store your Personal Information in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms and our Privacy Statement, (c) for any other purpose to which you expressly agree, such as sharing with others.
Simirity will act in accordance with the Privacy Policy and ensure your data is protected and content will only be shown to authorised Users, partner companies acting within an established framework or any authorised governmental bodies. By submitting User Content through any the Service, you grant Simirity a perpetual, sublicensable, worldwide, non-revocable, royalty-Free licence to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Content to the extent and in the form or context as described in the Privacy Policy, or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Simirity to copy, display, and index your User Content. Simirity will own the indexes it creates. Notwithstanding the non-revocable and perpetual nature of this Licence, it terminates when your User Content is deleted from our systems. Be aware that to the extent you elected to make your User Content public and other Users copied or saved it to the Services, this Licence continues until the content has been deleted both by you and the other Users.
(Is it clear that Simirity will endeavour to maintain the confidentiality of all User Content on the system, within the context of permitted family access? What if law courts/enforcement require Simirity to release data?)
The Intellectual Property of a Story belongs to the single person who published the Story (the “Story Publisher”). Should the Story Publisher have been granted Admin rights of another User, the Story Publisher may publish a Story with the Featured Profile being a User they Administer. Even in such cases where a Story is written about another User, it is the Story Publisher who has the Intellectual Property rights on the Story as they created the Story and the Featured Profile User provided authorisation to do so by providing them Admin rights to their Profile (the “Profile” describes all the information and settings relating to a User).
Story Publishers may optionally provide editing access to their Story, for other Users in the role of Co-Authors. By adding content to a Story Publisher’s Story, Co-Authors are implicitly providing their irrevocable authorisation for the Story Publisher to take ownership of all content added and manage it as they will. See ‘Co-authoring Stories’ for more information.
2.6 Co-authoring Stories
A Story Publisher can add Users as Story Co-Authors (the “Co-Authors”). The Co-Authors have no additional right or ownership over the Story, and are only assisting the Story Publisher in creating the Publisher’s Story. Co-Authors gain automatic rights to access the story they are assisting to create (called “Access Rights”). Co-Authors can not Publish, Unpublish or Republish a Story and story settings are limited compared to the Story Publisher’s. The content provided by a Co-author is the User Content and the Intellectual Property of the Story Publisher. As such, it is entirely the responsibility of the Story Publisher to ensure the User Content, including content provided by Co-Authors, meets these Terms and adheres to the Community Rules. In the event of a Co-author deleting their Profile and associated data, their content when added as Co-Authors will not be deleted as it is the Intellectual Property of the Story Publisher.
2.7 Comments
Users can submit Comments on Stories, photos and videos. Users can submit messages using Commenting tools to one or multiple people, while working on a Story with Co-Authors, or in Story Requests. Such Comments must meet the Community Rules. In the event of Account deletion, your Comments will remain but will be anonymized so readers will not know who wrote the comment.
2.8 Story Access
“Story Access” describes the Users who are allowed access to a published Story. Published Stories are automatically available to the Publisher, Featured Profile, any Co-Authors, or Users tagged as participants in the story (the “Story Participants”). This is in recognition of these Users contributions to the Story or inclusion within the Story. All other Users are not automatically granted Access Rights. It is the responsibility of the Story Publisher to give appropriateStory Access.
Story Access can be assigned to the following
1. All Family and Friends; this is all the contacts that the User has approved contact with
2. All Family; this is all contacts where the User’s Relationship (specified when connecting to a new contact) is not Friend
3. Groups; where the User can specify one or multiple family Groups, and add additional people (named “Individuals”) if needed
4. Individuals; where the User can name selected contacts to access the story
5. Private; where only the Story Publisher can access their story
Users are responsible for naming the appropriate Relationship when accepting new contacts, as the named Relationship may affect access to Stories. For example, a Story with access set to All Family, will not give access to Users assigned as Friends.
Story Publishers have the option to enable a “Private Sharing Link” which provides a URL that the Story Publisher can share with anyone outside of Simirity (no Account needed). The use of this feature is at the risk of the Story Publisher; Simirity is not liable for any consequence that may arise from enabling this option.
2.9 Third Party Resources
The Service may contain links to third party Websites. These links may have been provided by the Service or by other Users. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked Websites.
Our inclusion of linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Websites, or of any materials, products or Services referred to or contained on those linked Websites, unless and to the extent expressly stipulated to the contrary.
2.10 Reviewing, Editing and Removing Content
Simirity does not pre-screen any User Content for violations of these Terms, including the Community Rules, and to the maximum extent permitted by law, we are not responsible or liable in respect of any User Content.
We reserve the right, but do not have the obligation, to remove or disable access to any User Content that we believe violates these Terms, including the Community Rules. Serious or repeat violations or offences will subject the responsible User to Account termination, at Simirity’s sole discretion. We encourage you to notify us of inappropriate or illegal User Content.
If you believe yours or another person’s or entity’s Intellectual Property Rights have been infringed, please contact us at [email protected].
We reserve the right to edit or abridge User Content and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to publish or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Service. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including communications shown as Comments. In the event that Simirity pre-screens, refuses or removes any User Content, you acknowledge that Simirity will do so for Simirity’s benefit, not yours.
Subject to our right to modify, suspend or discontinue the Service, any User Content created on the Service, will remain available online so long as Simirity continues to conduct its business and operate the Service.
2.11 Repurposing Published Story Content
Simirity reserves the right to display the User Content added to Published Stories, including but not limited to photos, videos, audio, narration, attachments, text, and Info Card Metadata, on pages other than the Published Story page, to Users who have been granted access to the originating Published Story. This includes but is not limited to displaying photos and videos on “Visuals” pages (where photos and videos are shown), displaying Life Lessons on their own page, displaying Audio recordings on a page dedicated to “Voice” in User Profiles, displaying story locations on maps, or displaying Stories on the “Today” page. Simirity does this with the intention of enhancing the Service to Users. Access to these alternative locations of User Content is in some cases based upon the Users Subscription type. Free Users will not be able to access these pages without purchasing the Subscription. The Published Stories themselves will remain available to all Users, irrespective of their Subscription.
2.12 Copyright and Trademarks
You acknowledge and agree that Simirity owns all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service, and all copyright, trade marks, designs, inventions, patents and other intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) unless otherwise indicated. Except for the limited Licence rights specifically granted to you in these Terms, Simirity and its licensors own and shall retain all rights, title and interest, including, without limitation, intellectual property rights, in and to the Service and all software utilised therein (and all copies thereof and related materials that are provided or made available to you with the Service).
3. DATA SECURITY
We have established appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Furthermore, access to your personal data is limited to only those employees, agents, contractors and other third parties with a legitimate reason for access. They will only process your personal data on our instructions and are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. View our Privacy Policy for more information.
4. ACCOUNTS AND ACCOUNT MANAGEMENT
4.1 Managing Subscription Seats
Subscribers who pay for Family or Family+ Subscriptions are able to share their Subscription benefits with connected Family Members in accordance with the Terms for that Subscription. There are three types of Users. Those who buy a Subscription are “Subscribers”. Those who use someone else’s Subscription are “Subscription Users”. Those who are using a Free Subscription are “Free Users”. Subscribers allocate access using seats (the “Subscription Seats”) which they can assign to their Family Members Profiles. Subscription Seats can not be shared with any Users who are not connected Family Members of the Subscriber. Nor can they be shared with existing Subscription Users already assigned to an alternative Subscription.
The Subscribers act of allocating a Subscription Seat to a User, explicitly demonstrates their authorisation for that User to add Media Files to Stories that count toward the Subscription’s “Media File Upload Limit”.
Subscribers have the right to upgrade Family Members without consultation, to Family or Family+ Subscriptions, or downgrade Subscription Users back to Free Users.
4.2 Media File Upload Limit
Family and Family+ Subscriptions have a limit to the number of GB’s (the “Media File Upload Limits”) that can be uploading over a one year period (the “Subscription Period”). The Family Subscription provides up to 50GB of media uploads, and Family+ provides up to 80GB of media uploads within the Subscription Period. These upload limits apply to the Subscription that is shared between the Subscriber and all the Subscription Users. It is the sum of all Users Media Files that have been uploaded to Stories (Published and Unpublished) in the Subscription Period, that is referenced against the Media File Upload Limit. For clarity, it is NOT the User limit but rather the limit for all Users of one Subscription. Once the Subscription’s Media File Upload Limit has been reached, Users of the Subscription will no longer be able to add additional photos, videos, audio or attachments (the “Media Files”) to Stories until either the Subscription is renewed (starting a new Subscription Period), or the Subscriber purchases a “Media Boost” as described in the Media Boost section below.
Free Users do not have a Media File Upload Limit specified in terms of GB, but are limited to uploading 10 photos and 5 audio files over the lifetime of their account. Other types of media cannot be uploaded. Photos and audio files that were uploaded through a Subscription prior to downgrading to a Free Account, count towards these limits.
All images, audio, video and attachments added to Stories by all Subscription Users, within the Subscription Period, count towards the Subscription’s Media File Upload Limit. Should media files be deleted from Stories in the same Subscription Period that they were uploaded, those files will not count towards the Media File Upload Limit. Enabling Users to delete recent media files if they want to free up space to upload other media files.
4.3 Admins
Every User has the option to specify one or multiple Family Members as “Admins” of their Profile. This Admin function serves two major functions.
Firstly, it allows Family Members to better support others with their use of the Service. This includes but is not limited to editing the Profile information, creating Stories for other Users Profiles (while keeping their own name as the Publisher so readers always see the Author), accepting or rejecting requests to connect (the “Connection Requests”) on behalf of the User, and turning a living Profile into a deceased Profile (in a process called the “Deceased User Process”). Admin rights do not however allow the Admin to ever edit Published or Unpublished Stories written by the 3rd party User, view Stories that they have not been givenStory Access to, nor update any Groups of Family Members that they manage (the “Groups”).
Secondly, it allows new generations of Family Members to administer the Profiles of deceased Users (called “InActive Users”). This crucial function ensures that new generations can connect with the authorisation of a living Admin, to deceased family member Profiles.
When an Admin profile undergoes the Deceased Process (see later section), the newly appointed Admin to the Deceased Profile inherits the Admin rights of the deceased, if the two parties are already connected with Simirity. If they are not connected, the Admin rights are not passed on.
By specifying an Admin and accepting these Terms, Users are explicitly demonstrating their authorisation for Admins to gain such access and take actions on their behalf. And for subsequent generations chosen by their Admin and who are connected to the User’s profile, to inherit Admin rights to their profile via the Deceased Process. Simirity does not accept responsibility or liability for any interference, upset, damage or any other negative consequence caused by the actions of Admins.
4.4 Successors
Every User has the option to specify one or multiple Family Members as “Successors” of their Profile. Successors have no Admin privileges over Profiles that belong to living Users (the “Active Users”), other than the ability to start the Deceased User Process for that User. When a User dies, their Active User Profile becomes an InActive User Profile via the Deceased User Process. A part of this process is upgrading Successors into Admins, giving what were Successors regular Admin access to Inactive User Profiles, so they can look after the Profiles of people who have passed away.
Appointing at least one Successor who is 18+ years old is strongly recommended in order to create Stories that pass onto future generations, but it is not compulsory to do so. However, Users with no Admins or Successors will not have anyone to administer their Profile when they die. There is a serious consequence to this action; no new family generations will be authorised to connect to the Profile nor view any Stories. Over time, the Users Profile and Stories will be visible to fewer and fewer people until no-one has access. So Users wishing to leave a Story legacy behind must add Successors or Admins.
By specifying a Successor and accepting these Terms, Users are explicitly demonstrating their authorisation for Successors to become Admin when the User’s Profile undergoes the Deceased Process. From that moment on, the User previously assigned as Successor now has full Admin rights, as described in the section above. Simirity does not accept responsibility or liability for any interference, upset, damage or any other negative consequence caused by the actions of Successors.
4.5 Deceased User Profiles
Profiles of deceased Users (Inactive Users) can be created by Users or transitioned into from an Active User Profile.
When a User creates a Deceased User Profile, they automatically become the Admin, and may optionally appoint additional Admin.
Active Users Profiles that transition into Inactive User Profiles may or may not have Admins. It depends on the action of the once Active User – if they specified any Admins or Successors. Should there be no Admins for an Inactive Account, it is not possible for Connected Family Members to create Stories about the Inactive User with the InActive User as the Featured Profile. They may however create Stories about the Inactive User, using their own name as the Featured Profile, and name the Inactive User as a Participant.
New Family Members will not be able to connect to Inactive Profiles if there are no Admins to approve this connection. Simirity respects the right of the Deceased User, and is not obliged to provide access to related family. If evidence is provided by the User such as the Deceased User’s Will & Testament (or similar compelling evidence) containing clear instructions to provide Admin access to a named person, Simirity may, at its sole discretion, provide Admin access to the indicated family member’s Profile.
The Profile of the Inactive Users under administration and all Stories not originating from the Inactive User are clearly marked as being created and owned not by the Inactive User, but by their Admin. Users cannot add content and information on behalf of the Inactive User, as if the Inactive User provided the content themselves. Rather the Users are adding their own content and information, clearly indicating that it is created by them, about the Inactive User. Under no circumstances should Users attempt to suggest the content was created or approved by the Inactive User.
On Inactive User Profiles, Users can see if any Admins are assigned to manage the Profile. Users should contact these people with any requests relating to the Inactive User Profile.
4.6 Child Profiles
Please see Eligibility to use the Services for information on access to Children.
Parents and Guardians have the opportunity to create a Child Profile which is under their administration. An email address is required (which may be changed later on) with which to manage this Profile and optionally provide access to Children over 13 years old. The login password is emailed only to the Child’s Parent or Guardian who created the Child Profile. Providing the login email and password to a Child over 13 years old constitutes as providing consent to their Child’s use of the Service.
Should a Child be given access by a Parent or Guardian, they do not have the same administration rights as an Adult. They cannot delete their Profile without permission from their Admin and they cannot accept new Contact Requests. They can create Stories, under the guidance and supervision of their parent or guardian. They can also view any Stories which they have been given access to by Connected Family Profiles.
Child Profiles will automatically be updated into Adult (18+ year old) Profiles when the child reaches 18 years of age.
Due to legal reasons, Users cannot name a Child Profile as an Admin or Successor of their Account.
4.7 Deceased Process
Profiles belonging to living Users (the “Active Users”) undergo a process (the “Deceased Process”) to become a Deceased Profile (or “Inactive User”). The Deceased Process can only be activated by Successors or Admins of the Profile by following these steps. Active User Profiles with no Successors or Admins can only undergo the Deceased Process by emailing [email protected] with at least two other close family contacts in CC, as per these instructions. Simirity reserves the right to email the Profile undergoing the Deceased Process with a warning message regarding the planned update, and attributes a lack of reply within 7 days as confirmation that the Deceased Process can proceed. Simirity reserves the right to act upon family member requests to transition Active User Accounts to Inactive User Accounts, should the Active User have no Successor or Admin. Active Users who fail to elect a Successor or Admin are explicitly indicating their acceptance to any family contacts being able to activate the Deceased Process. To restrict who can activate the Deceased Process, Users are recommended to name a Successor and Admin using these instructions.
During the Deceased Process, all named Successors are upgraded into Admins for the Inactive User. A Family Update Notification will be sent to all of the Inactive User’s contacts. Inactive User Profiles can no longer be logged into, they contain birth and death dates, and have reduced information fields.
Admin to the Inactive User, inherit the administration rights of the deceased user. In this way, older generations of the family will continue to have someone to administer their profile.
In the event of an Active User Profile being incorrectly changed into an Inactive User, the Inactive User should contact [email protected], with family member email addresses in CC, and be ready to provide evidence of their identity. Simirity reserves the right to revert an Inactive User Profile to an Active User Profile, should we feel that the owner of the Profile has proven beyond reasonable doubt that they are truly the owner of that Profile. The speed of transition to an Active User Profile and the evidence required to facilitate it are entirely at Simirity’s discretion.
Following the deliberate inappropriate activation of the Deceased Process, Simirity requires Users to specify at least one Successor of good intent to prevent subsequent incorrect updates. Simirity reserves the right to take appropriate actions against any Users using the Deceased Process maliciously or with harmful intent, including, but not limited to removing their Access Rights.
4.8 Family Connections
Users can search for unconnected Family Members using the Email address used in their Account Information. Additionally, Users can view the Family Members of contacts that are already connected, and find Family Members with which the User is not connected. A Connection Request can be sent directly from connected Family Members, ‘Family Profiles’ pages.
Users will receive Connection Requests from other Users, asking to be given access to their Profile. Gaining access to a Users Profile does not automatically give them access to the Stories relating to that Profile as that is specified on a Story basis using the Story Access setting.
Users can view the connections of a Family Member, and optionally suggest connection to additional Users with which they already have a connection.
A User connection is two way, meaning that both Users can access each other’s Profiles, or neither can access the other’s Profile. There is no scenario where User A can access User B’s Profile, but User B can not access User A’s.
The recipient of a Contact Request is fully responsible for accepting or rejecting the connection. The email address of the User raising the Contact Request is provided, and it is the recipient Users responsibility to contact the requesting User to verify their identity if necessary. Simirity does not accept responsibility or liability for any negative consequence relating to Users decision to accept or reject a Contact Request.
Users have the opportunity to disconnect with other Users, and should do so if there is any doubt regarding the identity of the connected User.
Rights of connected family
The act of a User accepting a Contact Request, gives User authorisation for the requesting contact to:
(a) tag the User in photos and videos
(b) add the User as a Story Participant
(c) add the User as a Co-author
(d) allow contacts who are Subscribers to upgrade Users to Family or Family+ Subscriptions, or downgrade Users back to Free Subscription
(e) view their Profile
(f) communicate via Comments
(g) send Story Requests
(h) add or remove the User from Groups
(i) assign the User as their Successor or Admin
(j) purchase Credit and assign to the User
(k) give Story Access to the User
(l) publish their own Stories using the Private Sharing Link to people outside of Simirity, including potential references to the User’s full name and avatar.
4.9 Group Management & Successors
Groups are designed to achieve two goals:
(a) offer Users a simple way to create Stories for a subset of their Family Members
(b) provide a simple way for new and future Family Members to access Stories previously published
Users can create Groups for an unlimited number of family Contacts, so long as it exceeds one User. All people within the Group (“Group Members”) can see the group details and use the Group when specifying Story Access for Story publication. Only the person who manages the group (“Group Manager”) has the ability to update the Group Members and details. The User creating a Group is automatically the Group Manager, but at any time the Group Manager can reassign this role to any other Group Member. In doing so, they lose management rights of that Group. We recommend that Group Managers who are not willing or able to manage the Group, reassign the role to another Group Member.
Groups are designed to be passed down from generation to generation, allowing new generations to add new Family Members which in turn gives them access to Stories written in the past. By adding a new User to a Group, the User can gain access to all the historical Stories, which could be hundreds or more. This is a preferable alternative to the Publisher of each Story manually giving Story Access to a new User one story at a time. Furthermore, this is only possible for Stories owned by Active Users (so Stories from deceased Users could not be shared).
In addition to reassigning the role of Group Manager, Group Managers can also name Group Members who should inherit the Group Manager role when their Profile undergoes the Deceased Process (a role called “Group Successor”). If multiple Group Members are listed, the first living Group Successor added by the Group Manager will automatically be assigned as the new Group Manager. To ensure future generations can access Stories from their family’s past, we strongly recommend Group Managers assign at least one 18+ year old User as a Group Successor.
Users who Publish Stories using a Group, do so with the understanding that the Group’s Manager has the right to update the Group Members, at any time and without warning, and visibility of the Story will change accordingly.
Simirity does not accept responsibility or liability for any interference, upset, damage or any other negative consequence caused by the actions of Group Managers or Group Successors.
4.10 Guardians
If the Admin(s) of a Child Profile die, and no existing Family Members have Admin rights over the Child Profile, Simirity reserves the right, but has no obligation to, assign the Admin role of the Child Profile to an alternative User who has provided evidence of their guardianship of the Child. This would only be done in communication with relevant Family Members and any relevant authorities.
Users who create Child Profiles do so accepting these Terms.
4.11 Will & Testament
Users have the opportunity to give Profile Admin access to Family Members by assigning Admins or Successors. We recommend Users use these features. However, should a User with no Admins or Successors leave written instructions in a Will & Testament (or similar), we reserve the right, at our own discretion and while being under no obligation to do so, to provide Admin access to the deceased User’s Profile in accordance with their written wishes.
5. FEES AND SUBSCRIPTIONS
5.1 Subscription Fees
Simirity offers payment-based Subscription plans in addition to the basic Free Accounts, which include the Family Subscription and Family+ Subscription.
All Subscriptions are automatically renewed to ensure an uninterrupted Service. Fastspring, the Merchant of Record for Simirity, will provide 7 days notice of renewal. This means that once you become a Subscriber, your Subscription will be automatically renewed and your billing choice will be charged based on the Subscription duration unless you opt out or cancel by following the instructions in this Agreement.
If the Subscriber has any Savings (see subsequent section) in their Account, the Savings will automatically be used towards Subscription payments. If the Savings are not enough to pay for the Subscription fee, only the difference between the Subscription fee and the Savings will be charged to the Subscribers payment method of choice.
5.2 Savings
Users may earn Savings on next year’s Subscription Fee using the Refer & Save program. View section below titled Refer & Save for more details of this referral program that earns Users Savings.
Any earned Savings are automatically applied to the following year’s Subscription Fee. Savings cannot exceed 100% of the value of the Subscription Fee. In the event of a Subscription earning greater than 100% of the value of the Subscription Fee, any additional Savings will be lost. Savings relate to the originating Subscription, and cannot be transferred to other Subscriptions or Users or used on a later Subscription Period. Savings can only be applied to purchases of ongoing Family and Family+ Subscriptions. Savings accrued against a Subscription are lost if the Subscription is cancelled and Users are downgraded to Free Accounts. If a Subscription is cancelled but downgrade is still pending, the Subscriber can choose to restart their Subscription and any Savings will still be applied to their next purchase.
Simirity reserves the right to manage and edit Savings at our sole discretion. Savings are not a currency or store of value and are not liable to be paid out to Users.
Savings are issued as a way of thanking Users for introducing new customers to Simirity. Savings earned through the purchase of Subscriptions that are subsequently refunded or fraudulent, are invalid and will be removed. We reserve the right to remove all Savings from any Subscriptions where we suspect ongoing fraudulent activity or inappropriate use.
5.3 Currency
All Subscriptions and products are priced in USD.
5.4 Subscription Period
A Subscription can continue indefinitely but are subject to renewal each calendar year, commencing on date of Subscription purchase This is referred to as the “Subscription Period”.
5.5 Opting out of renewal
You may opt out of renewing your Subscription by logging in and cancelling your Subscription. By doing so, the Subscription will continue until the end of the Subscription Period, when all Users of the Subscription will automatically be downgraded to Free Users.
At any time prior to the downgrade, Users may restart their Subscription and avoid downgrading the Service for all Subscription Users and keep any Savings that were applied to their Subscription.
5.6 Subscription Access Level
Access to features or parts of the Service is dependent on your Subscription type. Users have varying degrees of access with a Free Account, Family Subscription or Family+ Subscription. Access to features change as Users transition between access levels.
A User can be a Free User, a Subscriber (a User who is paying for the family subscription) or a Subscription User (a family member granted access by a Subscriber). Family Subscriptions and Family+ Subscriptions are paid Subscriptions, paid for by the Subscriber and then shared by the Subscriber with Subscription Users, as per the Terms set out for those subscriptions. Subscription Users revert to Free Users if their host Subscription is not renewed.
5.7 Free Account
You may start a Free Account at any time without providing any payment details. Users with a Free Account ( a “Free User”) can connect to an unlimited number of other Users, can create unlimited text based Stories, and upload up to 10 photo and 5 audio recordings.
You may upgrade your Free Account to a Family or Family+ Subscriptions at any time, by purchasing an annual Subscription. You may be given access to a Family or Family+ Subscription by a Simirity contact who has purchased a Subscription.
Free Accounts have no expiration date. Simirity reserves the right to revoke or change both who can access a Free Account and what features and benefits are made available to Free Users.
Subscribers and Subscription Users who are no longer part of the Family or Family+ Subscription are automatically downgraded to a Free Account. Any photos and audio files uploaded when the User had access to a Subscription count towards the Free Account upload limits of 10 photos and 5 audio recordings.
5.8 Family Subscription
You may start a Family Subscription at any time by purchasing a one year Subscription. Subscribers and Subscription Users of the Family Subscription enjoy access to Premium pages and share a Media Upload Limit of 50GB. The Family Subscription can be shared with up to 10 contacts.
Subscribers may pay to upgrade to a Family+ Subscription at any time. Subscribers may purchase Media Boost(s) to increase the size of Media Files that can be uploaded by Users of the Subscription. Subscriptions auto renew each year on the date indicated on the Subscription Info page.
Subscribers may cancel their Subscription at any time, and full access will remain until the end of the Subscription Period, when all Users of the Subscription will be downgraded to Free Accounts.
5.9 Family+ Subscription
You may start a Family+ Subscription at any time by purchasing a one year Subscription. Subscribers and Subscription Users of the Family+ Subscription enjoy access to Premium pages and share a Media Upload Limit of 80GB. The Family Subscription can be shared with up to 25 contacts.
Subscribers may purchase Media Boost(s) to increase the size of Media Files that can be uploaded by Users of the Subscription. Subscriptions auto renew each year on the date indicated on the Subscription Info page.
Subscribers may cancel their Subscription at any time to Family or to Free Account. Full access will remain until the end of the Subscription Period, when all Users of the Subscription will be downgraded accordingly.
5.10 Refer & Save
Users of Family or Family+ Subscriptions have a unique Referral Link that provides unlimited new third parties (subject to ‘reasonable use’, at the discretion of Simirity) with a chance to create a new Account and access a 90 day trial of the Family Subscription, with a 10GB upload limit. If the Referee (the person who uses their Referral Link) purchases a Family Subscription prior to the end of the trial period, the Referer (the User who gave them the Referral Link) earns 20 USD savings that is applied to the Subscription the Referer accessed the Referral Link from.
Savings are not earned if the User purchasing the Subscription is not the same Users who started the 90 trial using the Referral Link.
Savings are not earned if the referred User only purchases after the end of the 90 day trial.
The Referral Link is related to the Subscription from which it originates. So long as the Subscription is Active, the Referral Link and the offer it enables, will remain Active, unless otherwise communicated via email or on site.
The 90 day Trial can only be applied to Family Members who have not previously been a part of a 90 day Trial.
Simirity reserves the right to deactivate any Referral Link if we suspect fraudulent or inappropriate activities that are not aligned with the aim of introducing legitimate families to Simirity.
The Refer & Save referral program is subject to changes and may be terminated at any time.
5.11 Media Boosts
Subscription Ownders can optionally purchase “Media Boosts” that entitle Users of the Subscription to upload an additional 20GB or 50GB of Media Files, exceeding the Terms of their current Subscription. Multiple Media Boosts can be purchased by the Subscription Owner and any unused GB’s within a Subscription Period are automatically applied to future Subscription Periods. Media Boosts do not expire. Unused Media Boosts cannot be refunded or used after a subscription lapses. Simirity reserves the right to limit the purchase of Media Boosts for whatever reason it deems appropriate.
5.12 Refund Policy
Simirity values the satisfaction of its customers and offers a seven (7) day money back guarantee if no photos, videos, audio files or attachments have been uploaded using the Subscription within this period. If you are not satisfied with your Subscription, and no Media Files have been uploaded by you or Family Members sharing your subscription, you may request a full refund by contacting us within seven (7) days of the initial purchase date of the subscription.
All refunds will be reimbursed to the original credit card with which the purchase was made. Please allow a reasonable time for the refund to be credited to your Account.
5.13 Prices Subject to Change
Prices indicated exclude VAT. Prices are changed by Simirity from time to time. For the current prices, visit Subscriptions. Prices may be subject to additional taxes and customs charges, depending on the country in which you reside.
Following each payment, Simirity will send you an email with the details of the purchase and the amount charged.
5.14 Fastspring Merchant of Records
Fastspring is acting as the Merchant and Seller of Record for Simirity. The Terms and conditions associated with payments are those provided by FastSpring during the payment process. In effect, the User is purchasing access to Simirity from Fastspring, and as such, Fastspring is responsible for the remittance of sales tax and VAT.
5.15 Downgrading to Free Subscription
Subscribers and Subscription Users of either a Family or Family+ Subscription, will be automatically returned to a Free Account if the Subscription is not renewed. Any User Content added to the Service within the Subscription Period remains, but User access will now be restricted according to Free Account Access Level.
5.16 Promotions
Simirity may from time to time offer, withdraw, change or cancel promotional discounts, benefits or Free trials of Premium Services (“Promotions”) in relation to story creation functionality, access level or any other goods and Services provided by us in our sole and absolute discretion. We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our sole and absolute discretion. The Promotions do not apply retrospectively.
Some Promotion may be offered for a limited period of time that will be specified on the Website. Promotions may be subject to additional Terms and conditions published on the Website, which prevail to the extent of any inconsistency with these Terms.
6. WARRANTY
By using our Services, you understand and agree that:
(a) your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Simirity expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
(b) Simirity does not warrant that (i) the Service will meet all of your requirements; (ii) the Service will be uninterrupted, timely, secure or error-Free; (iii) errors in the software will be corrected; or (iv) the Service is permitted in your jurisdiction.
(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from Simirity or through or from the Service shall create any warranty not expressly stated in these Terms.
From time to time, the Service may offer new “beta” features or tools with which its Users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Service’s sole discretion. The provisions of this section apply with full force to such features or tools. We require all Users to keep a backup of their Stories and any media files uploaded into the Service.
We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.
7. LIMIT OF LIABILITY
We limit our liability to the fullest extent allowed by law. Simirity, its affiliates and our and their respective officers, employees and agents, will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. This includes but is not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if Simirity has been advised of the possibility of such damages) resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Service purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorised access to or the loss, corruption or alteration of your transmissions, content or data; (d) statements or conduct of any third party on or using the Service; (e) Simirity’s actions or omissions in reliance upon your Account Information and any changes thereto or notices received therefrom; (f) your failure to protect the confidentiality of any Usernames, passwords or Access Rights to your Account Information; (g) the acts or omissions of any third party using the Service; (h) any advertising content or your purchase or use of any advertised product or Service; (i) the termination of your Account in accordance with the Terms of these Terms of Service; or (j) any other matter relating to the Service.
Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.
8. YOUR INDEMNITY
You agree that you will indemnify and hold Simirity, and its affiliates and their respective officers, directors, employees, agents, successors, and assigns (the “Simirity Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Content, including a claim that your User Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Simirity Parties from all claims, demands, actions, or suits in connection with your User Content, including any liability related to our use or non-use of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
9. NOTICES
You agree that we may provide you with notices by email, regular mail or postings on our mobile applications or the Website, in our discretion, and that we may rely upon the contact information you have provided in your Account Information as being accurate, complete and current.
Except where these Terms specifically provide for use of a different means or address for notice, any notice to Simirity must be delivered by email to our contact details below.
10. COMMUNITY PLEDGE
Our Community Pledge states that we aim to allocate 10% of Family and Family+ Subscription Sales (“Subscription Sales”) into community related investments. We do so with the vision of improving communities worldwide. Investments will be made that are in line with 4 key principles. Aligned with vision, creating the greatest impact, getting directly involved where possible, and being pragmatic with a focus on simple and effective solutions.
Simirity reserves the right, at our sole discretion, to choose the way in which we invest these funds, to dictate the timeline upon which the funds are spent, or alter the % of Subscription Sales allocated.
Simirity shall not be liable to you or to any third party for any failure or delay in investing these funds. While we remain firmly committed to improving communities, our priority has to be building a financially viable Service that can support communities more comprehensively over an enduring period. We are under no legal obligation to allocate 10% of Subscription Sales, but do so through choice. By Subscribing to the Family or Family+ Subscription Service, you are explicitly accepting these Terms.
11. GENERAL TERMS
11.1 Service Components
We reserve the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your User Content and other data, and impose other limitations at any time, with or without notice.
Subject to our Privacy Policy, Simirity may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading User Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by Simirity and third parties that your use of the Service will likely result in transnational data transmissions. You understand that Simirity, in performing the required technical steps to provide the Service to our Users, may make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, Services or media.
Simirity may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) third party software, which is utilised by permission of the respective licensors and/or copyright holders on the Terms provided by such parties. Simirity expressly disclaims any warranty or other assurance to you regarding such third party software.
11.2 Modifications / Amendment
We reserve the right at any time and at our sole discretion to modify or suspend the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification or suspension of any part of the Service. In connection with any modification of the Service, Simirity may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Simirity to deliver these to you (and you to receive them) as part of your use of the Service.
11.3 Waiver
Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
11.4 Equipment and Telecommunication Services
You are solely responsible for obtaining the equipment and telecommunication Services necessary to access the Service, and all associated fees and charges (such as computing devices, Internet Service provider and data charges). We do not guarantee that the Service will function on any particular hardware or devices. You acknowledge and accept that the Service is subject to malfunctions and delays inherent to the use of the Internet and communications networks.
11.5 Warnings
You must ensure that your access to the Service is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Service or any linked Website or Service and which is not attributable to Simirity.
11.6 Application of Third Party Standard End User Licence Agreements
In addition to these Terms, if you have obtained a version of the Service through the Apple AppStore or other similar application platform (“Platform”), you acknowledge that your use of the Service is governed by these Terms and the Platform’s standard end User Licence agreement if and to the extent applicable. In the event of any inconsistency between these Terms and such standard end User Licence agreement of the Platform, these Terms shall take precedence over any standard end User Licence agreement.
11.7 Disputes and Governing law
We work hard to keep our customers satisfied. If a dispute arises between you and Simirity, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
These Terms and the Relationship between you and Simirity shall be governed by the laws of the UK without regard to its conflict of law provisions. You and Simirity agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. Notwithstanding this, you agree that Simirity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.
You agree that the Service shall be deemed passive and will not give rise to personal jurisdiction over Simirity, either specific or general, in jurisdictions other than the UK. In the unlikely event that we have not been able to resolve a dispute we have with you after attempting to do so informally, all claims must be brought in each party’s individual capacity and not as a representative plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this Agreement, each of you and us waives the right to participate in a class action claim.
In the event of a dispute as to the Terms, the English version shall prevail.
11.8 Feedback and Suggestions
You agree that submission of any ideas, community inspiration, suggestions, documents, and/or proposals to the Company via email, suggestion forms, online forum, Social Media platform or similar pages (“Feedback”) is at your own risk and that Simirity has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-Free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and Licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Simirity’s Properties.
12. CONTACT US
If you have any questions about these Terms or our Services, please contact us via email at [email protected].
Or via our business address at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK.