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Last updated: September 2026
These Terms of Use (the “Terms”) govern access to and use of the websites, software, hosted services, cloud execution environments, browser and computer-use agents, application programming interfaces, integrations, and related services made available by Simular, Inc. (“Simular,” “we,” “us,” or “our”) (collectively, the “Services”).
By creating an account, clicking to accept these Terms, or accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an employer or other organization, you represent that you have authority to bind that organization, and “Customer” and “you” refer to that organization. Otherwise, “Customer” and “you” refer to you individually.
1. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a binding agreement. You are responsible for the accuracy of account information, maintaining the confidentiality of credentials, and all activity occurring through your account or Authorized Users. You must promptly notify Simular of suspected unauthorized access.
If Customer permits employees, contractors, or other personnel to access the Services (“Authorized Users”), Customer is responsible for their compliance with these Terms and for ensuring that each Authorized User has appropriate authority to access Customer systems and data.
2. The Services and Subscription Rights
Subject to these Terms, any applicable order form or subscription plan, and payment of applicable fees, Simular grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services for Customer’s internal business or personal productivity purposes, as applicable.
The Services may include downloadable software, web applications, remote or local execution environments, workflow runners, APIs, browser automation, and AI-assisted or autonomous computer-use functionality. Features may vary by plan, deployment, geography, or technical configuration.
3. Autonomous Actions and Customer Authorization
The Services may take actions in software interfaces, browsers, connected applications, or other systems based on Customer instructions. These actions may include navigating websites, clicking controls, entering information, sending communications, creating or modifying files, calling APIs, or executing workflows.
By connecting an account, enabling an integration, granting a permission, or instructing the Services to perform a task, Customer authorizes Simular and the Services to access and act within the scope of the permissions and instructions Customer provides. Customer remains responsible for determining whether a requested action is appropriate and lawful and for maintaining appropriate human review of high-impact, irreversible, financial, legal, security-sensitive, or external-facing actions.
Customer acknowledges that AI-generated outputs and automated actions may be incomplete, inaccurate, or unexpected. Customer should independently review outputs and actions before relying on them for material decisions or mission-critical processes.
4. Acceptable Use
Customer may not, and may not permit any third party to, use the Services to:
- violate applicable law, regulation, contractual obligations, or third-party rights;
- engage in phishing, malware distribution, credential theft, unauthorized surveillance, denial-of-service activity, deceptive spam, or other malicious conduct;
- gain unauthorized access to accounts, systems, networks, or data, or circumvent security controls, guardrails, sandboxing, rate limits, or access restrictions;
- reverse engineer, decompile, disassemble, or attempt to discover non-public source code or underlying components of the Services except to the extent such restriction is prohibited by law;
- use the Services to build or train a competing product by extracting the Services’ non-public models, logic, or system behavior, except as expressly authorized in writing by Simular;
- use the Services in a manner that materially interferes with the integrity, availability, or operation of the Services or third-party services.
Customer is responsible for ensuring that its instructions to the Services and its use of third-party websites, applications, and APIs comply with the terms and policies applicable to those third-party services.
5. Healthcare and Protected Health Information
The general-purpose Services are not intended for processing Protected Health Information (“PHI”). Customer may submit or permit the Services to access PHI only through features, workflows, environments, or deployments that Simular has expressly designated in writing as eligible for PHI processing (“HIPAA-Enabled Services”) and only if Customer and Simular have entered into a Business Associate Agreement (“BAA”) covering that use.
HIPAA-Enabled Services are intended for administrative healthcare workflows. The Services are not intended to provide diagnosis, treatment recommendations, clinical decision support, or other outputs on which a healthcare professional or other person should rely to make a clinical determination regarding an individual. Customer must not use the Services for such purposes unless Simular expressly agrees otherwise in writing under terms specifically addressing that use.
Customer must not submit PHI to beta, development, staging, experimental, or general-purpose features that are not expressly designated as HIPAA-Enabled Services. If these Terms conflict with an executed BAA regarding PHI, the BAA controls to the extent of the conflict.
6. Customer Content, Outputs, and Data Use
“Customer Content” means prompts, instructions, files, images, credentials, records, messages, data, and other content submitted to or made accessible to the Services by or for Customer. As between the parties, Customer retains its rights in Customer Content. Customer grants Simular a limited right to host, process, transmit, reproduce, and otherwise use Customer Content only as reasonably necessary to provide, secure, support, and maintain the Services; comply with law; and enforce these Terms.
Customer represents that it has all rights, permissions, and lawful bases necessary for Simular to process Customer Content as contemplated by these Terms and Customer’s instructions.
Simular does not use Customer Content, task transcripts, uploaded files, screen observations, or PHI to train or fine-tune public, third-party, or generalized cross-customer AI models unless Customer expressly opts in or otherwise authorizes such use in writing and, for PHI, such use is permitted under the applicable BAA and law. This restriction does not prevent Simular from processing Customer Content through AI models as necessary to perform the Services, performing security or debugging activities, or using information that has been lawfully de-identified or aggregated so that it is no longer identifiable to Customer or an individual.
Subject to Customer’s rights in Customer Content, Simular owns the Services and all related software, models, workflows, documentation, interfaces, know-how, and intellectual property. To the extent permitted by law and subject to third-party rights, Customer may use outputs generated for Customer through the Services for its own purposes.
7. Third-Party Services and Integrations
The Services may interoperate with third-party services selected or connected by Customer, such as email, calendar, collaboration, source-code, productivity, practice-management, or other systems. Customer authorizes Simular to access and interact with those services solely as necessary to perform Customer-requested tasks and subject to permissions Customer grants.
Third-party services are governed by their own terms and privacy practices. Simular is not responsible for third-party services that Customer independently selects or contracts for, including their availability, security, or acts and omissions. This does not limit Simular’s obligations with respect to service providers or subprocessors that Simular itself engages to provide the Services.
8. Privacy and Security
Simular’s Privacy Policy describes how Simular collects, uses, discloses, and protects personal information in connection with the Services. Customer’s use of the Services is subject to that Privacy Policy. If Simular processes personal information on Customer’s behalf under a separate data processing agreement, that agreement controls to the extent of any conflict.
Customer is responsible for configuring its accounts and integrations appropriately and for implementing safeguards suitable for Customer’s systems, users, and data. No service can guarantee complete security, and Customer should maintain appropriate backups, access controls, and business continuity procedures.
9. Subscription Fees, Credits, and Billing
Paid plans, usage limits, included credits, and other commercial terms are described at the time of purchase or in an applicable order form. Unless otherwise stated, subscription fees are billed in advance and are non-refundable except as required by law or expressly provided in an applicable order form.
Certain subscription plans may include free, promotional, or monthly usage credits. Such credits have no cash value and are provided as a discretionary feature of the applicable plan. Simular may modify, reduce, suspend, or eliminate free or promotional credits, including credits included with a monthly subscription, on a prospective basis. Where reasonably practicable, Simular will provide notice of a material reduction or elimination that affects an active paid subscription before the change takes effect. Purchased credits, if any, are governed by the terms presented at purchase or the applicable order form.
Subscriptions may renew automatically unless cancelled before the renewal date, as disclosed at purchase. Customer authorizes Simular or its payment processor to charge applicable fees, taxes, and usage charges to the payment method on file.
10. Beta, Preview, and Experimental Features
Simular may make beta, preview, experimental, or pre-release features available from time to time. Those features may be changed or discontinued at any time, may be subject to additional terms, and may be less reliable or secure than generally available Services. Customer should not use such features for regulated or sensitive data, including PHI, unless Simular expressly designates the feature for that use in writing.
11. Feedback
If Customer provides suggestions, ideas, or feedback regarding the Services, Customer grants Simular a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or obligation, provided Simular does not identify Customer publicly as the source without permission.
12. Suspension and Termination
Customer may stop using the Services at any time and may cancel a subscription in accordance with the applicable plan or order form. Simular may suspend or restrict access if reasonably necessary to address a security risk, suspected unlawful or abusive use, material violation of these Terms, nonpayment, or risk to the Services or third parties.
Simular may terminate these Terms or discontinue the Services upon reasonable notice, except where immediate termination or suspension is reasonably necessary for security, legal, or abuse-prevention reasons. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIMULAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES OR OUTPUTS WILL BE ERROR-FREE, UNINTERRUPTED, ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR USE.
14. Indemnification
To the extent permitted by law, Customer will defend, indemnify, and hold harmless Simular and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from Customer Content, Customer’s or an Authorized User’s misuse of the Services, or Customer’s violation of these Terms or applicable law. Simular will provide prompt notice and reasonable cooperation, and Customer may control the defense and settlement, provided Customer may not settle a claim in a manner that admits fault by or imposes non-monetary obligations on Simular without Simular’s consent.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER, CUSTOMER’S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY CUSTOMER TO SIMULAR FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100 IF CUSTOMER HAS PAID NO FEES.
Any different limitation of liability in an applicable order form, enterprise agreement, DPA, or BAA will control for claims within its scope.
16. Changes to the Services and These Terms
Simular may modify the Services from time to time. Simular may also update these Terms. If a change to these Terms materially reduces Customer’s rights or materially increases Customer’s obligations, Simular will provide reasonable notice before the change becomes effective, unless a faster change is required for legal, regulatory, security, or abuse-prevention reasons. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.
17. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Except for claims eligible for small claims court or requests for temporary or preliminary injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will take place in English. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. General
Neither party may assign these Terms without the other party’s consent, except that Simular may assign them in connection with a merger, reorganization, sale of assets, or transfer to an affiliate. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. These Terms, together with any applicable order form, enterprise agreement, DPA, BAA, and incorporated policies, constitute the agreement between the parties regarding the Services within their respective scope.
19. Contact
Simular, Inc.
1209 Orange Street
Wilmington, New Castle, Delaware 19801
Email: support@simular.ai