Last modified: August 29, 2024
Websim, Inc. ("Websim", "we", "us", or "our") has made these Terms of Service (the "Agreement") available to explain the terms and conditions by which you may access and use (a) Websim's products and services, including https://websim.ai/, and (b) other related products and services that link to this Agreement (collectively, the "Platform").
You must read this Agreement carefully as it governs your use of the Platform. By accessing or using the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use of our Platform and should not use our Platform.
Websim provides an AI-powered platform that allows users to create and generate simulated webpages based on their inputs and prompts. We are constantly improving our Platform. You agree and acknowledge that our Platform is subject to modification and change, including but not limited to the algorithms and methods used to generate any simulated webpages or other content, and the features available to you.
In order to use certain portions of the Platform, you must register an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering for our Platform on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties.
Our Platform are not intended for children under the age of 13. If you are a child under the age of 13, please do not register for our Platform or send any personal information to us. If you have reason to believe that a child under the age of 13 is using our Platform, please let us know immediately at [email protected] and we will seek to revoke access and delete any associated information as quickly as possible. If you are at least 13 years of age, but below the age of consent in your jurisdiction, you may only use the Platform with the permission and consent of your parent or guardian.
You agree and acknowledge that your use of the Platform is subject to our Privacy Policy available at https://websim.ai/privacy.
You may access, and we grant you a non-exclusive right to use, the Platform in accordance with this Agreement. You will comply with this Agreement and all applicable laws when using the Platform. We and our affiliates own all rights, title, and interest in and to the Platform, including the underlying technology and intellectual property rights therein.
You retain ownership of any content you may provide to the Platform and any content or other output generated by you in connection with your use of the Platform ("User Content"). You hereby grant Websim a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display your User Content for the purposes of (a) providing you with the Platform, including to share your User Content with other users of the Platform at your direction; (b) developing and improving the Platform and our other products and services (including to improve and train our AI models); and (c) complying with applicable law and enforcing our policies. You are responsible for all User Content, including for ensuring that it does not violate any applicable law or this Agreement. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
Due to the nature of generative AI technologies, User Content generated from the Platform may not necessarily be unique across users and the Platform may generate the same or similar output for another user. Other users may also provide similar prompts and input and receive the same or similar User Content. Output that are requested by and generated for other users are not considered yours.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you. You also authorize Websim and its third-party service providers to derive statistical and usage data relating to your use of the Platform ("Usage Data"). We may use Usage Data for any purpose under applicable law and our Privacy Policy.
You may not (i) use the Platform in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Platform to develop models that compete with Websim; (iv) use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction; (v) represent that output from the Platform was human-generated when it is not; or (vi) use the Platform in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other limitations we may impose with respect to the Platform.
You may not (i) use the Platform in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Platform to develop models that compete with Websim; (iv) use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction; (v) represent that output from the Platform was human-generated when it is not; or (vi) use the Platform in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other limitations we may impose with respect to the Platform.
You agree that you are solely responsible for your interactions with any other user in connection with the Platform, including ensuring that any such interactions comply with this Agreement. Websim will have no liability or responsibility with respect any actions or inactions of any other user on the Platform. Websim reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform, including reserving the right to suspend or terminate a user's access to the Platform.
To the extent you use any third party software, services, or other products in connection with your use of the Platform ("Third Party Services"), any such Third Party Services are subject to their own terms, and we are not responsible for any such Third Party Service.
To the extent the Platform are made available to you for a fee, you will pay all fees charged to your account ("Fees") according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Websim, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Platform until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Websim uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
We may change our prices by posting notice to your account and/or to our website. Price increases will be effective fourteen (14) days after they are posted, except for increases made for legal reasons or increases made to any free services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
This Agreement takes effect when you first use the Platform and remain in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Platform. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Platform, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
Upon termination, you will immediately stop using the Platform. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2.4-2.8 and 3-8.
You acknowledge and agree that the Platform may contain content, assets, or features made available by Websim or other Websim users ("Platform Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly set forth herein, we reserve all right, title and interest to the Platform Content.
The Websim name and logos are trademarks and service marks of Websim (collectively, the "Websim Trademarks"). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to Websim. This Agreement and the Platform do not grant you any license or right to use any of Websim Trademarks, without our prior written permission.
Websim 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 should notify Websim of your infringement claim in accordance with the procedure set forth below.
Websim will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Websim's Copyright Agent at [email protected] (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located within the Platform, with enough detail that we may find it within the Platform
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 that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Websim will send a copy of the counter-notice to the original complaining party informing them that Websim may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Websim or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Websim has adopted a policy of terminating, in appropriate circumstances and at Websim's sole discretion, the accounts of users who are deemed to be repeat infringers. Websim may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of our Platform; or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.
We plan to continue to develop and improve the Platform, but we make no guarantees or promises about how it operates or that it will function as intended, and your use is at your own risk. THE PLATFORM IS PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF OUR PLATFORM, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR PLATFORM OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Websim, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Platform, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Websim 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 a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND WEBSIM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WEBSIM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Websim is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Websim should be sent to Websim AI, Inc., P.O. Box 387, Palo Alto, CA 94302 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Websim and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Websim may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Websim or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Websim is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer, as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Websim and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Websim agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Websim will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Websim will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Websim will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 6.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 6.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, Websim agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending Websim written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
We may amend this Agreement from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under this Agreement we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Platform after any change means you agree to such change.
You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Websim, and Websim shall have the right to seek injunctive relief against you in addition to any other legal remedies.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Websim agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA. The failure of Websim to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.