Terms of Service
1. Introduction
Welcome to AI for CPG, a tool by Simporter Inc. (“Simporter,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Simporter SaaS platform (“Service”). By creating an account, logging in, or otherwise using our Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract and have not been suspended or banned from using the Service.
3. Account Registration & Security
- Account Information. To use certain features, you must register for an account. You agree to provide accurate, complete, and up-to-date information.
- Credentials. You are responsible for safeguarding your username, password, and any other credentials used to access the Service. You agree not to share your credentials or allow unauthorized access to your account.
- Notification. You must notify us immediately of any unauthorized use of your account or any other security breach.
4. Permitted Use & Restrictions
- Permitted Use. You may use the Service solely to generate product concepts and run synthetic consumer panel tests in connection with your business or organization’s internal operations.
- Prohibited Conduct. You shall not, directly or indirectly:
- Copy, modify, or create derivative works of the Service code or content.
- Reverse engineer, decompile, or attempt to extract Simporter’s source code or underlying algorithms.
- Scrape, mine, or harvest data from the Service except via our public APIs (if and when provided).
- Use the Service to infringe third-party intellectual property rights or to violate any applicable law.
- Attempt to interfere with the Service’s security, integrity, or performance.
- Use the Service to distribute spam, malware, or any malicious content.
5. Subscription Plans & Billing
- Free Tier. We offer a free tier (“Free Tier”) that includes access to concept generation and synthetic panel testing within specified usage limits.
- Paid Plans. We may offer paid subscription tiers (“Paid Plans”) that unlock additional features (e.g., more concepts generated or tested). You will be notified of pricing and billed according to the plan you select.
- Payment Terms. Payments are processed via Stripe. You agree to provide valid payment information and authorize us (and our payment processor) to charge your chosen payment method for all fees due under your subscription.
- Refund Policy. All fees are non-refundable unless otherwise explicitly stated in writing by Simporter Inc.
- Suspension & Termination. We reserve the right to suspend or terminate your access if your payment method fails or if you otherwise breach these Terms.
6. Ownership & Intellectual Property
- Simporter IP. All content, logos, images, text, software, and other materials provided through the Service (“Simporter Content”) are owned by or licensed to Simporter and are protected by copyright, trademark, and other intellectual property laws.
- License to You. Subject to your compliance with these Terms, Simporter grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.
- Your Content. By submitting any input data, creative assets, or concept information (“Your Content”), you grant Simporter a worldwide, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, and display Your Content solely to provide and improve the Service.
7. Confidentiality
Both parties agree to keep confidential any non-public, proprietary information disclosed by the other (e.g., product roadmaps, pricing, trade secrets) (“Confidential Information”), except to the extent such information:
- Is already known to the recipient at the time of disclosure;
- Becomes publicly known through no wrongful act of the recipient; or
- Is required to be disclosed by law or a valid court order.
8. Disclaimers & Limitation of Liability
- “As-Is” Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SIMPORTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Predictive Accuracy. While we strive for high predictive accuracy, we cannot guarantee specific outcomes. Your reliance on any outputs is at your own risk.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPORTER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIMPORTER’S AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SIMPORTER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
9. Indemnification
You agree to indemnify and hold harmless Simporter, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
- Your breach of these Terms;
- Your violation of any law or third-party right; or
- Your use of the Service in a manner not expressly authorized by Simporter.
10. Governing Law & Dispute Resolution
- Governing Law. These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
- Arbitration. Any dispute not resolved informally shall be submitted to binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association. Each party will bear its own costs, and the arbitrator’s award may be entered in any court of competent jurisdiction.
11. Modifications
We may modify these Terms at any time. If changes are material, we will notify you by email or via a notice on our website. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
12. Termination
- By You. You may cancel your account and cease using the Service at any time.
- By Simporter. We may terminate or suspend your account immediately if you violate these Terms or for any reason.
- Effect of Termination. Upon termination, your right to access the Service ceases and we may delete or anonymize your account data in accordance with our data retention policy.
13. Contact Information
If you have questions about these Terms, please contact us at:
Simporter Inc.
Attn: Legal Department
240 S Main St, Bentonville
AR 72712, United States
Email: hello@simporter.com