Terms & Conditions

1. Use of the Services

1.1. Age Requirements

You must be at least 13 years old to use LifeSim. If you are under 16 years old and a citizen or resident in the European Economic Area (EEA) or the United Kingdom (UK), do not sign up for the Services – you are not authorized to use them. If you are under 18, you confirm you have permission from a parent or legal guardian. We may suspend or delete accounts that violate this rule.

1.2. Registration Obligations

When you register to use the Services, you agree to provide accurate and complete information about yourself. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify LifeSim of any unauthorized use of your password or account or any other breach of security.

1.3. General Practices

You acknowledge that LifeSim may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that LifeSim has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services.

1.4. Email Notifications

You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our service.

2. Conditions of Use

2.1. User Conduct

You are solely responsible for all content you submit to the Services. You agree not to submit any content that:

• infringes any intellectual property or other proprietary rights of any party;
• you do not have a right to submit;
• contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
• poses a privacy or security risk to any person;
• constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• is threatening, abusive, harassing, tortious, or bullying;
• is excessively violent or depicts realistic serious violence against a person or animal in graphic detail;
• is defamatory, libelous, or verifiably false with the purpose of harming others;
• constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
• is obscene or pornographic;
• constitutes sexual harassment;
• constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content;
• glorifies or provides instructions for self-harm, including self-injury, suicide, or eating disorders;
• promotes terrorism or violent extremism;
• furthers or promotes criminal activity;
• seeks to buy or sell illegal drugs;
• seeks to provide medical, legal, financial or tax advice;
• interferes with or disrupts the Services or servers or networks connected to the Services;
• interferes with or appropriates any person's right of publicity by using their name, likeness or persona without permission; or
• in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services.

2.2. Prohibited Activities

You likewise agree not to do any of the following in connection with your use of the Services:

• disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• violate any applicable law or regulation;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Services;
• obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
• lease, lend, sell or sublicense any part of the Services;
• try to evade any technological measure designed to protect the Services;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code;

2.3. Content Moderation

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, restricting the visibility of content, suspending or removing content from the Services, suspending or terminating your account, and reporting you to law enforcement.

3. Subscriptions & In-Game Currency

As a LifeSim user, you will receive access to content, features, and functions of the Services that are not available to non-users. By agreeing to become a user you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from LifeSim commercial emails by following the opt-out instruction in these emails. LifeSim subscriptions and in-game currency are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

3.1. Billing

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You are responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

3.2. Lifebits

Lifebits are a virtual currency with no real-world value. You can purchase Lifebits through our website (via Stripe, or other payment processor).

• Lifebits are a virtual currency with no real-world value.
• Lifebits are non-refundable unless required by law.
• By purchasing Lifebits, you waive your EU right to a 14-day refund, as they are delivered immediately.
• We may modify, limit, or remove Lifebits or related features at any time, if terms of service, privacy policy, other policies or community standards are violated.

3.3. Cancellation

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

3.4. Refunds

If you purchase a subscription through our website (via Stripe, or other payment processor), the sale is final and we will not provide a refund, unless otherwise is stated herein or required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal. You hereby expressly consent to the immediate performance of the agreement and acknowledge that you will lose your right of withdrawal from the agreement once our servers validate your purchase and the applicable purchase is successfully delivered to you. Therefore, you will not be eligible for a refund unless the digital content is defective.

3.5. Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. Please note the features and functionality of our paid Services are often dynamic and may be subject to change at any time without prior notice.

4. Intellectual Property Rights

4.1. Content You Submit

When you submit content to the Services, you represent and warrant that you own all right, title and interest in and to that content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.

When you submit such content, you retain whatever ownership rights in that content you had to begin with. You grant LifeSim, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the content for any LifeSim-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services.

4.2. Generated Content

When you generate content of any kind using the Services - for example, character responses, dialogue, images, or videos (collectively "Generated Content") - then as between you and LifeSim, you own that Generated Content. You grant LifeSim, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use all Generated Content for any purpose in any form, medium or technology now known or later developed.

4.3. Services Content and Trademarks

You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods.

The LifeSim name and logos are trademarks of LifeSim. Other trademarks used and displayed via the Services may be trademarks of their respective owners. Nothing in these Terms or the Services should be construed as granting any license or right to use any of LifeSim Trademarks without our prior written permission in each instance.

4.4. Third-Party Material

Under no circumstances will LifeSim be liable for any content or materials of any third parties. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated content, by its nature, is unpredictable and may produce Generated Content that is inaccurate or offensive.

5. Copyright Complaints

LifeSim respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can notify LifeSim of your infringement claim.

To be effective, the notification must be in writing and contain the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

6. Third-Party Websites and Services

The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. LifeSim has no control over such sites, resources or applications and LifeSim is not responsible for and does not endorse them. You acknowledge and agree that LifeSim will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications.

7. Indemnity and Release

You agree to release, indemnify and hold LifeSim and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.

8. Disclaimer of Warranty

Your use of the Services is at your sole risk. The site is provided on an "AS IS" and "AS AVAILABLE" basis. LifeSim expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. LifeSim makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.

9. Limitation of Liability

You understand and agree that LifeSim will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if LifeSim has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any content or Generated Content; (iii) your sharing with any third party of any content or Generated Content; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will LifeSim's total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid LifeSim (if any) in connection with your use of the Services.

10. Termination

You agree that LifeSim, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if LifeSim believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

LifeSim may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that LifeSim may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.

11. Dispute Resolution By Binding Arbitration

This section affects your rights so please read it carefully.

11.1. Agreement to Arbitrate

You and LifeSim agree that any and all disputes or claims that have arisen or may arise between you and LifeSim, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court, if your claims qualify.

11.2. Jury Trial and Class Action Waivers

You and LifeSim agree that, by entering into these Terms, you and LifeSim are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or a jury.

11.3. How to Opt Out

If you do not want to be bound by the Arbitration Agreement, you must notify LifeSim in writing by email to [email protected] within 30 days of the date you first agree to the Terms, stating that you do not want to resolve disputes with LifeSim by arbitration. Opting out of the Arbitration Agreement will not affect any other part of the Terms.

12. General

12.1. Entire Agreement

These Terms constitute the entire agreement between you and LifeSim and govern your use of our Services, superseding any prior agreements between you and LifeSim with respect to the Services.

12.2. Choice of Law, Jurisdiction, Venue

If you are not a consumer in the European Economic Area, these Terms are governed by the laws of the State of California without regard to its conflict of law provisions, and with respect to any disputes or claims not subject to arbitration, you and LifeSim agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.

12.3. Severance

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

12.4. No Waiver

Any failure of LifeSim to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

12.5. Assignment

You may not assign these Terms without the prior written consent of LifeSim, but LifeSim may assign or transfer these Terms, in whole or in part, without restriction.

13. Changes to these Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Material changes will become effective no earlier than 30 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.

Contact

For any terms-related questions, you can directly email the founder at: [email protected], dm us on discord, or write us at:

Lifesim, Inc.

2261 Market Street STE 85841

San Francisco, CA, 94114 US