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Terms and Conditions

Last updated: July 8, 2026

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you”, “your”, “Customer”, or “User”) and SaySimons LLC. (referred to as “SaySimons”, “we”, or “our”) describe the specifications on which you may access, register, subscribe, and use our website, https://www.saysimons.com, (the “Website”) or by downloading the SaySimons Mobile Application (the “App”, together with the Website referred to as the “Platform”) on the Apple App Store or Google Play, where available, (together the “App Store”) including all information, tools, and services available to you, conditioned upon your acceptance of all the Terms, conditions, policies, and notices stated herein.

SaySimons is online dating platform that enables users to create profiles, discover and match with other users, communicate through in-app messaging, and access features designed to facilitate meaningful, personality-driven connections. The App is available directly to Users through the App Store. By visiting or accessing the Site, purchasing or downloading the App, and or utilizing our services on the Platform (together referred to as our “Services”) you agree to be bound by the following Terms. These Terms apply to each User, including, without limitation, browsers, developers, merchants, vendors, and/or content contributors.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW SAYSIMONS’S PRIVACY POLICY BEFORE OR USING ANY OF THE SERVICES AVAILABLE TO YOU.

DO NOT USE OUR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES.

Any new features or tools, which are added to the Platform, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. SaySimons reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to the Platform at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

1. User Registration

To access certain features of the Services, you must create an account. During registration, you may be required to provide information including your name, email address, payment information, and any other information requested by SaySimons ("Account Information"). You agree to provide accurate, current, and complete Account Information and to maintain its accuracy at all times.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to notify SaySimons immediately of any unauthorized access to or use of your account.

2. Account Eligibility; Your Responsibilities

Before creating an account or using the Services, you must be eligible to do so. By creating an account or otherwise using the Services, you represent and warrant that all of the following are true:

Eligibility

You represent and warrant that:

  1. You are an individual (and not a corporation, partnership, or other legal entity) who is at least eighteen (18) years of age;
  2. You are an individual (and not a corporation, partnership, or other legal entity) who is at least eighteen (18) years of age.
  3. You have the legal capacity and authority to enter into a binding agreement with SaySimons.
  4. You are not prohibited by any applicable law from accessing or using the Services.
  5. You are not located in a country or territory subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism.
  6. You are not identified on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals list, or any similar governmental list.
  7. You have not been convicted of, or pled guilty or no contest to, any felony or crime involving violence, threats of violence, sexual misconduct, human trafficking, or similar offenses.
  8. You maintain only one SaySimons account.
  9. Your account has not previously been suspended or terminated by SaySimons, unless we have expressly authorized you in writing to create a new account.
  10. All information you provide during registration and throughout your use of the Services is true, accurate, current, and complete, and you agree to promptly update such information if it changes.

If you no longer satisfy any of the foregoing requirements, your authorization to access or use the Services automatically terminates, and SaySimons may suspend or terminate your account immediately and without prior notice.

Your Responsibilities

You agree to:

  1. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
  2. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  3. Use the latest version of the Website and/or App;
  4. Treat other users in a courteous and respectful manner, both on and off our Services;
  5. Be respectful when communicating with any of our customer care representatives or other employees;
  6. Maintain a strong password and take reasonable measures to protect the security of your login information; and
  7. Present yourself respectfully and authentically by adding at least one photo that shows your face.

3. Prohibited Conduct

You agree that you will not:

  1. Misrepresent your identity, age, employment (current or previous), qualifications, or affiliations with a person or entity;
  2. Use the Services in a way that damages the Services or prevents their use by other users;
  3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;
  4. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
  5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
  6. Post or share Prohibited Content (see below);
  7. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
  8. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
  9. Use another user's account or share your account with another person;
  10. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
  11. Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
  12. Violate the terms of the license granted to you by SaySimons.
  13. Disclose private or proprietary information that you do not have the right to disclose;
  14. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without SaySimons's prior written consent;
  15. Express or imply that any statements you make are endorsed by SaySimons;
  16. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
  17. Upload viruses or other malicious code or otherwise compromise the security of our Services;
  18. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
  19. "Frame" or "mirror" any part of our Services without SaySimons's prior written authorization;
  20. Use meta tags or code or other devices containing any reference to SaySimons or the platform (or any trademark, trade name, service mark, logo or slogan of SaySimons) to direct any person to any other website for any purpose;
  21. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
  22. Use or develop any third-party applications or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
  23. Use, access, or publish the SaySimons application programming interface without our written consent;
  24. Probe, scan or test the vulnerability of our Services or any system or network;
  25. Encourage, promote, or agree to engage in any activity that violates these Terms;
  26. Create a new account after we suspend or terminate your account, unless you receive our express permission; or
  27. Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any SaySimons reporting or appeals request system made available.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

4. Prohibited Content

SaySimons prohibits uploading or sharing content that:

  1. Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
  2. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
  3. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
  4. Is illegal or encourages or facilitates any illegal activity including, without limitation, terrorism, human trafficking, money muling, child abuse and exploitation, or the incitement of violence or hatred;
  5. Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism, or harmful misinformation;
  6. Is defamatory, libelous, or untrue;
  7. Relates to commercial activities (including, without limitation, sales, competitions, employment or investment opportunities, promotions, and advertising, solicitation for services, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);
  8. Involves the transmission of "junk" mail or "spam";
  9. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from SaySimons or otherwise;
  10. Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);
  11. Was not written by you or was automatically generated, unless expressly authorized by SaySimons;
  12. Includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness of a minor unaccompanied by the minor's parent or guardian;
  13. Is inconsistent with the intended use of the Services; or
  14. May harm the reputation of SaySimons, meaning the uploading or sharing of content on the SaySimons platform that is defamatory to SaySimons or advocates misuse of the Service.

The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.

5. General Conditions of Use

You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, or any portion thereof.

Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details.

SaySimons reserves the right, but has no obligation, to modify, update, or discontinue its Services, or any Platform content (or any part thereof), without notice at any time. SaySimons shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. You agree that it is your responsibility to monitor our Platform for any changes that may occur.

SaySimons shall not be held responsible if information made available on the Platform is not accurate, complete, or current. For clarity, you are relying on any information at your own risk.

You consent to receiving communications from us, including but not limited to, e-mails, text messages, and/or calls regarding your orders, purchases, updates to our Services, marketing, advertisement, and any other relevant information.

As a User, you acknowledge, understand, and agree that all information, text, data, photographs, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is your expressed sole responsibility. Furthermore, you may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:

  1. Uploading, posting, transmitting or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;
  2. Causing harm to minors in any manner whatsoever; and/or
  3. Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

6. Content

While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that SaySimons provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.

YOUR CONTENT

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content. You may not display any personal contact, banking or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

We may provide tools and features to enhance individual expression through Your Content and Member Content, and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.

You understand and agree that we may analyze, access, store, and use Your Content, including messages and other communications, to monitor, develop, personalize, and improve our Services, including through the use of machine learning and other automated technologies, in accordance with applicable law.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. If Your Content is prohibited under the laws of any jurisdiction where our Services are available, we may remove it even if it is not illegal in your location. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

MEMBER CONTENT

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.

You do not have any rights in relation to Member Content, and, unless expressly authorized by SaySimons, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing you to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

OUR CONTENT

SaySimons owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided, and we reserve all other rights.

7. AI Features

Certain features of the Services use artificial intelligence, machine learning, or other automated technologies (collectively, "AI Features") to generate, analyze, organize, summarize, or enhance information, including user-generated content, conversations, profile information, compatibility insights, recommendations, and other interactions within the Services.

The AI Features are provided solely to enhance your experience and for informational purposes. AI-generated content, recommendations, insights, summaries, and responses may be inaccurate, incomplete, outdated, misleading, biased, or inappropriate and should not be relied upon as statements of fact or as professional advice. The AI Features do not guarantee the accuracy of any information, the compatibility of users, the success of any relationship, or any particular outcome from your use of the Services.

You are solely responsible for evaluating and independently verifying any information generated by the AI Features before relying upon it or acting upon it. Any decisions you make, communications you send, or actions you take based on AI-generated content are made entirely at your own discretion and risk.

You acknowledge that the AI Features may use Your Content and other information you make available through the Services to generate outputs and improve the functionality of the Services, all in accordance with these Terms and our Privacy Policy. You represent and warrant that you have all necessary rights to submit such content for these purposes.

SaySimons does not warrant that the AI Features will be uninterrupted, error-free, secure, or available at all times. We reserve the right to modify, suspend, limit, or discontinue any AI Feature, or any portion thereof, at any time, with or without notice.

To the fullest extent permitted by applicable law, SaySimons disclaims all liability arising from or relating to your use of, or reliance upon, any AI-generated content, recommendations, or outputs. Nothing generated by the AI Features constitutes legal, medical, psychological, financial, therapeutic, or other professional advice.

You may not use the Services, including any AI Features, to generate or disseminate unlawful, deceptive, defamatory, harassing, discriminatory, or infringing content, or to develop, train, test, or improve any third-party artificial intelligence or machine learning model without SaySimons's prior written consent.

8. No Guarantees

SaySimons does not guarantee that you will receive matches, messages, responses, dates, relationships, or any particular outcome through use of the Services. Compatibility scores, recommendations, AI-generated insights, and other suggestions are estimates only and should not be relied upon as guarantees of compatibility or future interactions.

9. Inappropriate Content and Misconduct; Reporting

SaySimons does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful SaySimons community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You may report a user directly within the App, including from a user's profile, the discovery feature, matches, chats, individual messages, and individual chat photos. You may also report concerns by contacting us using the contact information provided in these Terms.

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account, including the reason for your account ban, if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

SaySimons uses a combination of human review and technology-assisted tools to help enforce these Terms. For example, we currently use automated technology to screen profile photos for certain explicit content, and we encourage users to report content or behavior they believe violates these Terms. SaySimons may review reported content and conduct appropriate investigations, and may remove content, suspend or terminate accounts, or take any other action permitted under these Terms. Where required or appropriate, SaySimons may report suspected child sexual abuse material or other unlawful content to the appropriate authorities, including the National Center for Missing & Exploited Children ("NCMEC"). As the Services evolve, SaySimons may implement additional automated technologies to assist in detecting or identifying prohibited content.

Violations may result in consequences ranging from a warning for a less serious infraction to banning the account for more serious or repeated violations. For example, manifestly illegal and harmful content such as terrorist content or child sexual exploitation material will result in a ban.

Manifestly unfounded reports may result in enforcement actions against the reporter. In assessing misuse, we consider factors such as evidence that a report was motivated by bias or hatred (e.g., based on protected characteristics such as race, sexual orientation, or gender identity) or other malicious intent. Repeated submission of manifestly unfounded reports will result in a ban. We reserve the right, but assume no obligation, to monitor, review, screen, filter, and remove any User Content at our sole discretion, including content that we determine, in our judgment, to be objectionable or in violation of these Terms.

10. Privacy

For information about how SaySimons collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

11. Rights Granted to You by SaySimons

For as long as you comply with these Terms, SaySimons grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by SaySimons and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

12. Rights You Grant SaySimons

By creating an account, you grant to SaySimons a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. SaySimons's license to Your Content shall be non-exclusive, except that SaySimons's license shall be exclusive with respect to derivative works created through use of our Services. For example, SaySimons would have an exclusive license to screenshots of our Services that include Your Content. In addition, so that SaySimons can prevent the use of Your Content outside of our Services, you authorize SaySimons to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. SaySimons is not obligated to take any action with regard to use of Your Content by other users or third parties. SaySimons's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for SaySimons allowing you to use our Services, you agree that we and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to SaySimons regarding our Services, you agree that SaySimons may use and share such feedback for any purpose without compensating you.

You agree that SaySimons may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

13. Wireless and Location-Based Features; Social Media Plug-ins

Wireless Features. Our Services may offer certain features that are available to you via your wireless device. These features may include the ability to access our Services, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available, and how much they cost. You should also contact your carrier with any other questions regarding these issues.

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on our Services to reflect any changes.

Location-Based Features. When you use one of our location-enabled Services, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy.

Location Visibility. If you enable location-based features, SaySimons may use your device's location to provide and improve the Services. However, other users will only see a general location associated with your profile, such as your city. SaySimons does not display your precise GPS coordinates, county, or the distance between you and other users through the Services.

The App will allow for you to disable the location-based features or manage preferences related to them. However, you can terminate device location tracking by uninstalling the App. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked. If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature, the Twitter “Tweet this” feature, Google Plus “1+” button, or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you use our Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use our Services. As with other sites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

14. Prices and Payments

Pricing

SaySimons offers certain paid features, services, and subscription plans (collectively, the "Services"). Unless otherwise noted, the price for each Service will be displayed on the Platform at the time of purchase and will be confirmed in your order confirmation, email receipt, or other applicable correspondence.

All prices are subject to applicable taxes and additional charges, including, where applicable, service fees, currency conversion or exchange fees, value-added tax (VAT), sales tax, or other local taxes.

Payment

Subscriptions and other eligible purchases are processed through Apple's In-App Purchase system and managed through RevenueCat. By purchasing a subscription or other paid feature, you authorize Apple to charge your selected payment method in accordance with the terms applicable to your Apple ID and Apple In-App Purchase account.

SaySimons does not process payment card transactions and does not receive or store your payment card information, billing address, or other payment credentials. SaySimons receives only limited subscription and transaction information necessary to administer your subscription, such as your subscription tier and identifiers provided by Apple and RevenueCat.

If your payment is declined, your subscription expires, or Apple is otherwise unable to successfully process your payment, your subscription or access to paid features may be suspended or terminated in accordance with Apple's policies and these Terms. You are responsible for ensuring that your payment method associated with your Apple ID remains current and valid.

Subscription Terms and Automatic Renewal

Certain Services are offered as automatically renewing subscriptions. By purchasing a subscription, you authorize SaySimons to automatically renew your subscription at the end of each billing period and charge your selected payment method at the then-current subscription price, unless you cancel before the renewal date, all in accordance with the terms disclosed at the time of purchase.

If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your current billing period, after which your subscription will expire.

Deleting your account does not automatically cancel any subscription purchased through an External Service (such as the Apple App Store or Google Play Store). You are solely responsible for canceling any such subscription directly through your External Service Account to avoid future charges. Although SaySimons will display a warning before your account is deleted, failure to separately cancel your subscription through the applicable External Service may result in continued recurring charges in accordance with that provider's terms. If you later create a new SaySimons account, you will not regain access to any prior account, content, or subscription benefits, and you may be required to purchase a new subscription.

Promotions and Discounts

SaySimons may, in its sole discretion, offer discounts, promotional pricing, coupons, or other special offers ("Promotions"). Promotions may be available only to certain users and may vary based on factors such as geographic region, subscription length, bundled purchases, prior purchases, account activity, or other criteria.

Promotions are subject to separate terms and conditions where applicable. If there is a conflict between these Terms and the terms governing a Promotion, the Promotion-specific terms will control solely with respect to that Promotion.

Price Changes

SaySimons operates globally, and pricing may vary by location and other factors. We reserve the right to change the price of any Service at any time.

For automatically renewing subscriptions, if permitted by applicable law, we will endeavor to provide advance notice of any price increase using the email address or other contact information associated with your account. If you do not wish to continue your subscription at the new price, you must cancel before your next renewal in accordance with the instructions provided in the notice. If you do not cancel before renewal, you authorize us to charge your payment method the updated subscription price.

Pricing Errors and Availability

While we strive to ensure that pricing and availability information is accurate, errors, inaccuracies, or omissions may occasionally occur. SaySimons reserves the right to correct any such errors, update pricing or availability information, and cancel or refuse any order placed based on incorrect information.

To the fullest extent permitted by law, SaySimons also reserves the right, with or without prior notice, to limit or discontinue any feature, service, subscription, or other offering; impose conditions on the use of any coupon, discount, or promotion; refuse or limit transactions; or decline to provide any feature or Service to any user.

Virtual Items and Consumable Credits

SaySimons may offer certain digital features, consumable credits, or other in-app items for purchase through Apple's In-App Purchase system (collectively, "Virtual Items"). Virtual Items may include, for example, Simon Call Packs (which provide additional AI interactions), identity verification badges, and other digital features or consumables that we may make available from time to time.

Virtual Items are provided solely for use within the Services. They have no cash value, are non-transferable, non-sublicensable, and may not be sold, assigned, exchanged, or redeemed for cash or any other item of value. Your purchase of a Virtual Item grants you only a limited, revocable license to use that Virtual Item within the Services in accordance with these Terms. No ownership rights in any Virtual Item are transferred to you.

SaySimons reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, replace, or limit the availability, functionality, or pricing of any Virtual Item. We may also introduce new Virtual Items or discontinue existing ones without liability to you.

Except as required by applicable law or the applicable App Store policies, purchases of Virtual Items are final and non-refundable. Consumable Virtual Items, including Simon Call Packs, are deemed used once redeemed or applied within the Services and are not eligible for refund, replacement, or exchange.

If your SaySimons account is deleted, suspended, or terminated for any reason, any unused Virtual Items associated with your account, including unused consumable credits and any verification status or verification badge, may be permanently forfeited without compensation or refund, except as required by applicable law.

15. External Service Purchases and Subscriptions

External Service Purchases, including subscriptions, may be processed through the External Service (such as the Apple App Store or Google Play Store), in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not SaySimons. To cancel a purchase made with your Apple ID, go to Settings > [click on your Apple Account at the top of the page] > Subscriptions, then find your SaySimons subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Account > Payments & Subscriptions > Subscriptions, then find your SaySimons subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled subscription until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

Certain users may be entitled to request a refund. See below for more information.

16. Account Termination

You can delete your account at any time by logging into the App, going to the “You” tab, then profile hub, and selecting “Delete account.”However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., Apple App Store, Google Play Store) to avoid additional billing.

SaySimons also reserves the right to review and, if appropriate, may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to its Platform and the Services at its sole discretion, for any reason, including but not limited to:

  1. Any breach or violation of these Terms or any other incorporated agreement, regulation or guideline;
  2. By way of request from law enforcement or any other governmental agencies;
  3. The discontinuance, alteration, or material modification to the Platform and/or Services, or any part thereof;
  4. Any engagement by you in any fraudulent or illegal activities; and/or
  5. The non-payment of any associated fees that may be owed by you in connection with your account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our Platform or Services.

You understand and agree that SaySimons may not share information with you regarding your account termination if doing so would potentially impair the safety or privacy of other users.

If your account is terminated by you or by SaySimons for any reason, these Terms continue and remain enforceable between you and SaySimons, and you will not be entitled to any refund for purchases made. Your information will be maintained, shared, and deleted in accordance with our Privacy Policy.

Notice to California Users: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth herein. If you subscribed through your Apple ID, refunds are handled by Apple, not SaySimons. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting us directly at hello@saysimons.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.

This notice shall be sent to: SaySimons LLC, 25 Esmond Avenue, Melville NY 11747. You may have these Terms of Use (“Terms”) emailed to you by emailing us directly at hello@saysimons.com. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

17. Refunds

Except as otherwise required by applicable law, all purchases are final and non-refundable, and no refunds or credits will be provided for partially used subscription periods. Certain U.S. states provide consumers with cancellation or refund rights, which are described below.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Israel:

Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

18. NO CRIMINAL BACKGROUND; OPTIONAL IDENTITY VERIFICATION CHECKS

SAYSIMONS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INVESTIGATE THEIR CRIMINAL HISTORY. SAYSIMONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, CHARACTER, REPUTATION, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USER.

SaySimons may offer users the option to verify certain aspects of their identity through a third-party identity verification provider, such as Stripe Identity, for an additional fee. If you choose to use this optional verification service, the third-party provider may request information such as a government-issued identification document and a biometric selfie solely for the purpose of verifying your identity. SaySimons does not receive or store copies of your government-issued identification document or biometric selfie. Instead, SaySimons receives only the verification result (for example, whether the verification was successful), together with any other limited information necessary to provide the verification feature. Your use of any third-party identity verification service is also subject to the applicable third party's terms and privacy policy.

Identity verification is optional and is not a criminal background check, sex offender registry search, or other investigation into a user's background. A successful identity verification does not guarantee that a user is who they claim to be, that information provided by the user is accurate or complete, or that the user is safe, trustworthy, or suitable to interact with. Likewise, a user who has not completed identity verification should not automatically be assumed to be unsafe or illegitimate.

You are solely responsible for your interactions with other users. Any identity verification feature, sex offender registry search, or other safety tool does not guarantee your safety and is not a substitute for exercising good judgment and appropriate caution when communicating with or meeting other users. Communications received through the Services, including automated notifications, may originate from users acting improperly, including for purposes of fraud, abuse, harassment, impersonation, or other misconduct.

Although SaySimons strives to promote a respectful and safe user experience, SaySimons is not responsible for the conduct or actions of any user, whether on or off the Services. You agree to exercise appropriate caution in all interactions with other users, particularly if you choose to communicate outside the Services or meet in person.

19. In-Person Meetings and User Safety

SaySimons is an online platform that enables users to connect and communicate. Any decision to communicate with, meet, or otherwise interact with another user, whether on or off the Services, is made solely at your own discretion and risk.

SaySimons is not responsible for the conduct, acts, omissions, or interactions of any user, whether occurring through the Services or offline. While SaySimons may offer optional safety features, including identity verification, such features are limited in scope and do not guarantee a user's identity, honesty, character, intentions, or safety. Identity verification is not a criminal background check and should not be relied upon as an assurance that any user is trustworthy or poses no risk.

You are solely responsible for exercising appropriate judgment and taking reasonable safety precautions when interacting with other users, including before communicating outside the Services or meeting in person. We encourage you to meet in public places, inform a trusted friend or family member of your plans, arrange your own transportation, and discontinue any interaction that makes you feel uncomfortable or unsafe.

By using the Services, you acknowledge and agree that any interactions with other users, including any in-person meetings, are undertaken entirely at your own risk.

20. "AS IS" and "AS AVAILABLE" Disclaimer

SAYSIMONS PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAYSIMONS DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, SAYSIMONS MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

SAYSIMONS ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES SAYSIMONS ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, CONDUCT, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH SAYSIMONS ON OR OFF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. SAYSIMONS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

21. Intellectual Property & Proprietary Rights

SaySimons owns, solely and exclusively, all right, title and interest in and to the Services, all content, software code, data, and materials thereon, the look, feel, design and organization of the Platform, and the compilation of the content, code, data, and materials on the Platform, including but not limited to any intellectual property and/or proprietary rights. SaySimons reserves all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to the Services or any of our content except as expressly permitted by these Terms.

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of the Services on any website, blog, article, or social media platform, you hereby grant SaySimons a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

SaySimons has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to hello@saysimons.com. SaySimons may terminate the accounts of repeat infringers.

22. Disclaimer of Warranties and Limitation of Liability

THE USE OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: a) WARRANTY OF MERCHANTABILITY; b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAYSIMONS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF SAYSIMONS’S SERVICES. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE, THE APP, AND/OR THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE MATERIALS OR CONTENT OBTAINED THROUGH THE PLATFORM AND ANY ASSOCIATED WEBSITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF OUR APP.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL SAYSIMONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR SAYSIMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Platform is for informational purposes only. SaySimons makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified professional.

The limitation of liability set forth above shall: a) only apply to the extent permitted by law; and b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.

23. Dispute Resolution

Before commencing arbitration, you and SaySimons agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform through informal negotiations. If the dispute is not resolved within thirty (30) days after written notice of the dispute is provided, either party may submit the dispute to binding arbitration.

Any arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration shall be governed by the Federal Arbitration Act and conducted by a single neutral arbitrator. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as otherwise provided by applicable law.

The arbitration may be conducted remotely by videoconference or, if required by the applicable arbitration rules, in the county where you reside or another mutually agreed location. The arbitrator may award any relief available under applicable law and the AAA rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies, or seek temporary or preliminary injunctive relief to protect its intellectual property or confidential information pending completion of arbitration.

24. Class Action Waiver

To the fullest extent permitted by applicable law, you and SaySimons agree that any arbitration shall be conducted solely on an individual basis and not as a class, collective, consolidated, private attorney general, or other representative proceeding. You and SaySimons each waive any right to participate as a plaintiff, claimant, class member, or representative in any purported class, collective, consolidated, or representative proceeding.

YOU AND SAYSIMONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

If a court or arbitrator determines that this Class Action Waiver is unenforceable with respect to any claim, then the arbitration agreement set forth above shall be null and void solely as to that claim, and such claim shall proceed in a court of competent jurisdiction. All remaining claims shall remain subject to arbitration to the fullest extent permitted by law.

25. Notices

SaySimons may provide any notice to you under these Terms by: (i) sending a message to an e-mail address that you provide; or (ii) by posting to the Platform. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices that are posted.

To provide us notice under these Terms, you must contact us by: e-mail; personal delivery; overnight courier; or certified mail. Notice by e-mail shall be effective on the date the e-mail is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

26. Terms Applicable For Apple iOS

If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

  1. To the extent that you are accessing our Services through an Apple Device, you acknowledge that these Terms are entered into between you and SaySimons and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below.
  1. The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
  2. You acknowledge that SaySimons, and not Apple, is responsible for providing our Services and any Content therein.
  3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
  4. To the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to our Services.
  5. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and SaySimons, SaySimons and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 8 above, SaySimons’s liability to you for use of our Services is greatly limited.
  6. Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
  7. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

When using our Services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Services.

27. Miscellaneous

Third Party Content. The Services shall contain links, advertisements, and references to other third party service providers (“Third Party Content”). SaySimons is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Platform does not express and/or imply that SaySimons endorses or accepts any responsibility or liability for the Third Party, or vice versa.

Indemnification. By using the Services, you agree to indemnify, hold harmless, and defend SaySimons from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Services.

Privacy Policy. SaySimons respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy, which governs the processing of all personal data collected from you in connection with your use of the Services. You acknowledge and consent to the collection and use of your personal information by SaySimons for the purpose of using our Services.

Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Translation Interpretation. These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by SaySimons to enforce any right or provision of these Terms will not constitute as a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SaySimons.

Force Majeure. SaySimons will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third party. You acknowledge and agree that these Terms are binding and shall govern the relationship between SaySimons and you in connection to the use its Services defined herein.

If you have any questions, please feel free to contact SaySimons directly at:

E-mail: hello@saysimons.com