These Terms of Service ("Agreement") constitute a legally binding agreement between Simply Sam LLC, a limited liability company ("Company," "we," "us," or "our"), and you, the individual accessing or using the Simply Sam application and related services ("Services"). By accessing or using the Services, you represent that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not access or use the Services.
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.
Simply Sam provides an artificial intelligence-based digital companion application ("Sam") that is designed to assist users with daily life management tasks including, without limitation, calendar management, email drafting, information retrieval, and general conversational support. Sam is an artificial intelligence system. You are interacting with an AI, not a human being.
The Services are provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice. The Services are in active development. Features, capabilities, and behaviors may change over time. We will make reasonable efforts to communicate material changes to users.
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
We reserve the right to suspend or terminate your account at any time for any reason, including without limitation if we believe you have violated this Agreement.
You retain full ownership of all content, data, and information you provide to the Services ("User Content"), including the content of your conversations with Sam. Nothing in this Agreement transfers any ownership of your User Content to the Company.
Subject to your compliance with this Agreement, you own the outputs generated by Sam in response to your inputs ("Outputs"), to the extent permitted by applicable law. You are responsible for ensuring that your use of Outputs complies with all applicable laws and does not infringe the rights of any third party.
By using the Services, you grant us a limited, non-exclusive, non-transferable license to access and process your User Content solely to the extent necessary to provide the Services to you. We do not use the content of your conversations with Sam to train, improve, or develop our AI models or any other AI systems.
The Services may allow you to connect third-party accounts and services, including without limitation Google Calendar and Gmail ("Third-Party Services"). Your use of Third-Party Services is subject to the applicable third-party terms of service and privacy policies. We are not responsible for the availability, accuracy, or reliability of any Third-Party Services. By connecting Third-Party Services, you authorize us to access and use your data from those services solely to provide the Services to you.
You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to:
Sam is an artificial intelligence system. You acknowledge and agree that you are interacting with an AI, not a human. Sam's responses are generated by AI and may not always be accurate, complete, or appropriate for your particular circumstances. You should not rely on Sam's responses as a substitute for professional advice or human judgment in matters of importance.
The Services and all content, features, and functionality thereof, including without limitation all software, text, graphics, logos, and user interfaces, are owned by the Company and are protected by applicable intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in the Services or any content therein, except for the limited license to use the Services as expressly set forth herein.
9.1 Not a Professional Service. THE SERVICES DO NOT CONSTITUTE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, MENTAL HEALTH, LEGAL, FINANCIAL, OR OTHER LICENSED PROFESSIONAL ADVICE. SAM IS NOT A LICENSED THERAPIST, COUNSELOR, PHYSICIAN, ATTORNEY, FINANCIAL ADVISOR, OR OTHER LICENSED PROFESSIONAL. YOU SHOULD SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL FOR ANY MATTERS REQUIRING PROFESSIONAL EXPERTISE.
9.2 Mental Health and Crisis Situations. If you are experiencing a mental health crisis, thoughts of self-harm, or any emergency situation, you must contact emergency services (911) or a qualified mental health professional immediately. You may also contact the 988 Suicide and Crisis Lifeline by calling or texting 988. The Services are not equipped to handle emergencies and must not be used as a substitute for emergency services.
9.3 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services or your violation of this Agreement.
11.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to contact us at AiSimplySam@gmail.com and provide a written description of the dispute. The parties agree to attempt to resolve the dispute informally for 30 days. If unresolved, either party may initiate arbitration as provided below.
11.2 Binding Arbitration. EXCEPT AS PROVIDED IN SECTION 11.4, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN MIDDLESEX COUNTY, MASSACHUSETTS, OR BY TELEPHONE OR VIDEO CONFERENCE.
11.3 Class Action Waiver. YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
11.4 Exceptions. Either party may seek emergency injunctive relief from a court of competent jurisdiction. Claims for intellectual property infringement and claims within small claims court jurisdiction are also exempt.
11.5 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
We reserve the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement to the Services and updating the "Last Updated" date. Your continued use of the Services following notice of changes constitutes your acceptance of the revised Agreement.
Either party may terminate this Agreement at any time. You may terminate by discontinuing use of the Services and deleting your account. We may terminate or suspend your access to the Services at any time, with or without cause, with or without notice.
This Agreement constitutes the entire agreement between you and the Company with respect to the Services. If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Simply Sam LLC
10 Keneson Street
Billerica, MA 01821
AiSimplySam@gmail.com