General terms

1. About these terms

These general terms apply to your use of labs.simak.ai. They also apply to every product and service of SIMAK LABS LTD ("we", "us", "our"), together with that product's own terms of service ("product terms"). "You" means the person using this website or one of our products.

By using this website you accept these terms. When you use a product, its product terms apply first, and these terms apply to any point the product terms do not cover.

2. Who we are

SIMAK LABS LTD is a company registered in England and Wales under company number 17449816, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Our products, and how each one relates to the company, are listed in our legal notice. You can reach us at support@simak.ai.

3. How these terms fit with other terms

Where documents conflict, the first of these that applies wins:

• a written agreement signed by you and us;
• the product terms of the product concerned, including terms shown to you when you buy;
• these general terms.

None of them limits a right you have by law that a contract cannot take away.

4. What each product decides for itself

Each product decides, in its own product terms and privacy notice, what it provides and to whom (including any minimum age), its prices, plans and trials, who sells it and how payment is taken, how renewal, cancellation and refunds work, the rules for using it, and how it handles personal data. Different products may work on different arrangements, and a decision made for one product does not bind another.

5. Buying a product: who sells it to you

Before you pay, the product shows who is selling it to you. That seller is the "seller of record", and it may be:

• SIMAK LABS LTD itself;
• an app store, such as Google Play or the Apple App Store, when you buy inside a mobile app; or
• an authorised reseller acting as merchant of record, which sells the product to you and handles payment, sales taxes, invoices and refunds.

Where an app store or a reseller is the seller of record, your contract for the purchase is with that seller, and its terms govern payment, tax, invoicing and refunds. We remain responsible for providing the product itself, as its product terms describe. Your card and payment details go to the seller of record, not to us.

6. Subscriptions, cancellation and refunds

How a subscription renews, how you cancel it and when you can get a refund are set by the product terms and by the seller of record. Our refunds and cancellation policy explains who handles what, and the rights you have in any case.

7. Work we do for clients

Software we build or run for a client under a written agreement is governed by that agreement. These terms apply to that work only on points the agreement does not cover.

8. Using this website

This website describes the company and its products. Nothing on it is an offer to sell; the prices and features that apply are those shown in the product when you buy. We keep the website accurate, but it may at times be incomplete or out of date. You must not misuse it, for example by trying to break its security, overload it or use it for anything unlawful.

9. Intellectual property

This website and our products, including their software, text, designs, names and logos, belong to us or to those who license them to us. You may view this website for your own information and use a product as its product terms allow. Nothing in these terms gives you any other right to them. Content you put into a product stays yours; the product terms say what permission we need to run the product for you.

10. Our responsibility to you

If you are a consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or the product terms, or of our failing to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if both you and we knew it might happen when the contract was made.

We do not exclude or limit our liability where it would be unlawful to do so. That includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to digital content and services, such as their being as described, fit for purpose and of satisfactory quality, and supplied with reasonable care and skill.

Our products are for domestic and private use. We are not liable to you for loss of profit, loss of business, business interruption or loss of business opportunity.

If you are a business

To the extent the law allows, we exclude all terms implied by statute or common law, and we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data. Our total liability to you arising from a product, whether in contract, tort (including negligence) or otherwise, is limited to the greater of the amount paid for that product in the twelve months before the claim arose and £100. Nothing in this paragraph limits liability that cannot be limited by law.

Product terms

A product's terms may add limits that fit that product. They apply subject to this section and never reduce the protection it gives consumers.

11. Your legal rights

Nothing in these terms or in any product terms affects your statutory rights as a consumer. If you live in the European Union or in another country whose law gives consumers protections that a contract cannot remove, you keep those protections even though these terms are governed by the law of England and Wales.

12. Law and courts

These terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by the law of England and Wales.

If you are a consumer, you may bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring them in the courts there, and if you live in another country whose law gives you that right, in the courts of the country where you live. Where your law requires it, we will bring proceedings against you only in the courts of the country where you live.

If you are a business, the courts of England and Wales have exclusive jurisdiction.

13. Complaints and contact

If something has gone wrong, write to support@simak.ai and tell us which product it concerns. We read every complaint and will work with you to put things right. For a purchase made through an app store or a reseller, we will also tell you whether the seller of record needs to act.

14. Changes to these terms

We may update these terms, for example to reflect a change in the law or in how our products work. We will publish the new version on this page with a new date. A change does not apply to a purchase you have already made unless the law or that product's terms allow it.

15. General

If a court finds part of these terms unlawful, the rest continues in force. If we do not enforce a right straight away, we can still enforce it later. We may transfer our rights and obligations under these terms to another organisation, and if we do, your rights will not be reduced. Only you and we have rights under these terms; no one else may enforce them under the Contracts (Rights of Third Parties) Act 1999.