Terms of Use & End User License Agreement

1. Agreement & License Grant

1.1 License Grant. Subject to your full compliance with this Agreement, AskSimona grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on any Apple-branded or other compatible device that you own or control, solely for your personal, non-commercial purposes, in accordance with these Terms and any applicable App Store usage rules.

1.2 No Sale. This Agreement grants you a license to use the Application and does not constitute a sale of the Application or any copy thereof. AskSimona and its licensors retain all right, title, and interest in and to the Application, including all intellectual property rights therein.

1.3 Acceptance. You accept this Agreement by: (a) downloading or installing the Application; (b) creating an account; (c) clicking an acceptance button; or (d) using the Application in any manner. If you are accepting on behalf of a legal entity, you represent that you have authority to bind that entity, and "you" shall include that entity.

2. Eligibility

You may use the Service only if you are legally capable of entering into a binding agreement under applicable law. You must not use the Service if you are located in a country subject to a Canadian, U.S., or other applicable government embargo, or if you are listed on any applicable government prohibited or restricted parties list. By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. The Application & Service

AskSimona is an AI-powered "Second Brain" platform designed to help you capture, organize, and surface your thoughts, notes, and knowledge. The Application may allow you to:

• create, upload, store, organize, and retrieve notes, documents, audio, images, tasks, and other content;
• generate AI-powered summaries, insights, action items, recommendations, reminders, categorizations, and workflow suggestions;
• connect information across files, notes, projects, and knowledge records; and
• manage personal or business productivity workflows.

Features may evolve over time. We reserve the right to add, remove, modify, or discontinue features at any time in our sole discretion, subject to applicable law.

4. License Restrictions

Except as expressly permitted by this Agreement or applicable law, you agree that you will not, directly or indirectly:

• copy, modify, distribute, sell, assign, sublicense, rent, lease, lend, or otherwise transfer or exploit the Application or any portion thereof;
• reverse engineer, decompile, disassemble, or attempt to derive or reconstruct the source code, underlying algorithms, models, or structure of the Application;
• create derivative works based on the Application or any Output;
• remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Application;
• use the Application to develop, train, benchmark, or improve any competing product or service without our prior written consent;
• use the Application in any automated manner (e.g., bots, scrapers) except through approved APIs or integrations;
• circumvent or disable any security, digital rights management, license enforcement, or access-control mechanism in the Application;
• use the Application in a manner that exceeds the scope of the license granted under Section 1; or
• use the Application for any unlawful, harmful, or abusive purpose.

5. Account Registration & Security

To use certain features, you may need to create an account. You agree to:

• provide accurate, current, and complete registration information;
• keep your login credentials secure and confidential;
• promptly update your account information as needed; and
• accept full responsibility for all activities that occur under your account.

You must notify us promptly at support@asksimona.cloud if you suspect unauthorized access to your account or any security breach. We may suspend or terminate accounts that are false, misleading, unauthorized, or in violation of these Terms.

6. User Content

6.1 Ownership. You retain all ownership rights in the content you submit, upload, store, transmit, or make available through the Service, including notes, files, recordings, text, images, tasks, prompts, metadata, and similar materials ("User Content"). We do not claim ownership of your User Content.

6.2 License to AskSimona. You grant AskSimona a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, analyze, adapt, and display your User Content solely as necessary to: (a) provide and operate the Service; (b) generate requested outputs and features; (c) maintain security and prevent fraud or abuse; (d) improve the performance, reliability, and usability of the Service; (e) comply with legal obligations; and (f) enforce these Terms.

6.3 Your Responsibilities. You represent and warrant that: (a) you own your User Content or have all rights necessary to submit it under these Terms; (b) the upload, use, and processing of your User Content through the Service does not violate any applicable law or the rights of any third party; and (c) you have obtained all required notices, consents, and permissions before submitting personal information of others, recordings, or third-party content.

7. AI Features & Outputs

7.1 AI-Generated Content. The Service may generate summaries, analyses, insights, suggested tasks, recommendations, reminders, and other outputs ("Output") using automated systems, including artificial intelligence and machine learning models.

7.2 No Guarantee of Accuracy. Output may be incomplete, inaccurate, outdated, biased, or unsuitable for your particular circumstances. You are solely responsible for reviewing and validating all Output before relying on it for any purpose.

7.3 No Professional Advice. The Service and Output are provided for informational and productivity purposes only. They do not constitute legal, medical, financial, tax, employment, mental health, or any other regulated professional advice. You should always consult a qualified professional for advice specific to your situation.

7.4 Use of Output. Subject to these Terms, you may use Output generated for you within the Application. You acknowledge that similar or identical output may be generated for other users, and AskSimona does not guarantee the exclusivity of any Output.

8. Acceptable Use

You agree not to use the Service to:

• violate any applicable law, regulation, or third-party right;
• infringe any intellectual property, privacy, confidentiality, publicity, or contractual rights;
• upload or transmit malware, malicious code, or harmful content of any kind;
• interfere with or disrupt the security, integrity, or performance of the Service or its infrastructure;
• attempt unauthorized access to any system, account, network, or data;
• scrape, crawl, copy, or harvest content from the Service except as expressly permitted;
• submit content that is unlawful, deceptive, harassing, defamatory, abusive, threatening, discriminatory, hateful, or obscene;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• use the Service in any manner that could harm minors or other vulnerable persons; or
• use the Service for any purpose that violates this Agreement or any incorporated policy.

9. Updates, Maintenance & Support

9.1 Updates. AskSimona may from time to time develop and release updates, patches, bug fixes, or new versions of the Application. Depending on your device settings, updates may be downloaded and installed automatically. Your continued use of the Application after an update constitutes acceptance of the updated version.

9.2 Maintenance & Support. AskSimona — not Apple Inc. or any other app marketplace operator — is solely responsible for providing maintenance and support services with respect to the Application, as required under applicable law and as set forth in these Terms. If you have any maintenance or support questions, please contact us at support@asksimona.cloud.

9.3 Discontinuation. We reserve the right to discontinue the Application or any feature at any time. Where practicable, we will provide reasonable advance notice.

10. Privacy & Data Handling

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, disclose, retain, and safeguard personal information. We handle personal information in a manner consistent with applicable privacy laws, including Canadian private-sector privacy requirements (PIPEDA and applicable provincial legislation) and applicable U.S. laws. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Sensitive Data & Regulated Information

Unless we expressly agree otherwise in writing, the Service is not intended for the storage or processing of highly sensitive or regulated information, including: protected health information subject to HIPAA or similar laws; payment card data subject to PCI DSS; government-issued identification numbers; biometric data subject to applicable biometric privacy laws; classified or export-controlled information; or any other data category that requires sector-specific contractual or statutory controls not expressly offered by the Service. You are solely responsible for ensuring that your use of the Service complies with any obligations applicable to the types of data you submit.

12. Communications, CASL & CAN-SPAM

By creating an account or interacting with the Service, you agree that we may send you service-related communications, including transactional messages, account notices, and security alerts. Where required by law (including Canada's Anti-Spam Legislation and the U.S. CAN-SPAM Act), we will obtain your separate express consent before sending promotional or marketing communications. You may withdraw consent or opt out of marketing communications at any time using the unsubscribe mechanism included in each message or by contacting us at support@asksimona.cloud.

13. Paid Plans, Billing & Auto-Renewal

13.1 Certain features require a paid subscription or one-time payment. You agree to pay all applicable fees, taxes, and charges disclosed at the time of purchase.

13.2 Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. We will clearly disclose the recurring nature, billing frequency, amount, and cancellation process before you are charged.

13.3 You may cancel your subscription at any time through your account settings, the billing portal, your App Store account, or by contacting us. Unless required by applicable law, cancellation takes effect at the end of your current paid billing period; you will not receive a pro-rated refund for any unused portion of the period.

13.4 We may change our fees prospectively. We will provide advance notice of material fee changes as required by applicable law. Your continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

13.5 If you purchase a subscription through an App Store (e.g., Apple App Store), billing is managed by that marketplace and governed in part by its terms. AskSimona does not have access to your payment credentials in such cases.

14. Refunds

Except where required by applicable law or expressly stated at the point of purchase, all fees are non-refundable. For purchases made through an App Store, refund requests are subject to that platform's refund policies. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection legislation.

15. Intellectual Property Rights

The Application and Service — including all software, source code, object code, interfaces, design elements, branding, trademarks, logos, graphics, compilations, databases, and underlying technology — are owned by AskSimona or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws in Canada, the United States, and other jurisdictions. Nothing in this Agreement transfers any ownership of intellectual property to you. All rights not expressly granted in Section 1 are reserved by AskSimona and its licensors.

16. Feedback

If you submit ideas, suggestions, bug reports, or other feedback about the Service ("Feedback"), you grant AskSimona a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works from, and incorporate that Feedback into the Service or other products without compensation or obligation to you. You represent that your Feedback does not contain any confidential or proprietary information of any third party.

17. Third-Party Services & Links

The Service may integrate with or link to third-party services, including cloud storage providers, payment processors, AI model providers, analytics tools, email delivery services, and app marketplace platforms. Such third-party services are subject to their own terms and privacy policies. AskSimona is not responsible for the content, accuracy, security, availability, or practices of third-party services, and our inclusion of or integration with a third-party service does not constitute an endorsement.

18. Availability, Security & Data Loss

We employ commercially reasonable measures to operate and secure the Service; however, we do not guarantee uninterrupted availability, error-free operation, or absolute security. The internet and mobile networks are inherently insecure, and no data transmission or storage system is completely secure. You are responsible for maintaining your own backup copies of important User Content unless we expressly agree otherwise in writing. We are not liable for any loss of User Content resulting from events outside our reasonable control.

19. Suspension & Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service — immediately and without prior notice where circumstances reasonably require — if: (a) you violate any provision of this Agreement; (b) your use creates legal, security, or operational risk; (c) we suspect fraud, unauthorized access, or unlawful conduct; (d) we are required to do so by applicable law or a competent authority; or (e) we elect to discontinue the Service in whole or in part. Upon termination, the license granted in Section 1 ceases immediately, and you must delete all copies of the Application from your devices. Provisions that by their nature should survive termination (including Sections 6.2, 15, 16, 20, 21, 22, 23, and 28) shall survive.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASKSIMONA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. ASKSIMONA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not permit the exclusion of certain warranties; accordingly, some of the foregoing exclusions may not apply to you to the extent prohibited by law. ASKSIMONA — NOT APPLE INC. OR ANY OTHER MARKETPLACE OPERATOR — IS SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASKSIMONA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ASKSIMONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKSIMONA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO ASKSIMONA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not permit the limitation or exclusion of liability for certain damages; accordingly, some of the foregoing limitations may not apply to you to the extent prohibited by law.

22. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AskSimona and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any and all claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content; (b) your use of the Service or Output in violation of this Agreement; (c) your violation of any applicable law or regulation; or (d) your infringement of the rights of any third party. AskSimona reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with AskSimona's defense of such claim.

23. Consumer Protection & Non-Waivable Rights

Nothing in this Agreement is intended to waive, limit, or exclude any consumer rights or remedies that cannot be lawfully waived or excluded under applicable law, including rights under applicable Canadian consumer protection legislation and any applicable U.S. state consumer protection statutes. If you are a consumer residing in a jurisdiction with mandatory protections (including protections afforded under the Consumer Protection Act (Ontario) or equivalent legislation), those protections apply to the full extent required by law and take precedence over any conflicting provision of this Agreement.

24. Export Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a Canadian or U.S. government embargo or that has been designated a "terrorist supporting" country; and (b) you are not listed on any Canadian, U.S., or other applicable government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Application.

25. App Store Terms & Third-Party Beneficiary

25.1 Relationship with App Stores. This Agreement is between you and AskSimona only, and not with Apple Inc. ("Apple"), Google LLC, or any other app marketplace operator. AskSimona — not the applicable marketplace operator — is solely responsible for the Application and its content.

25.2 Apple App Store. If you downloaded the Application from the Apple App Store, the following additional terms apply:

• This Agreement is between you and AskSimona only. Apple is not a party to this Agreement and has no obligation to furnish maintenance and support services for the Application.
• In the event the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
• Apple is not responsible for addressing any claims you or any third party may have relating to the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Application or your possession and use of the Application infringes a third party's intellectual property rights, AskSimona — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
• Your use of the Application must comply with the Apple Media Services Terms and Conditions.

25.3 Usage Rules. Your use of the Application is also subject to the usage rules set forth in the applicable App Store terms of service. In the event of any conflict between this Agreement and such usage rules with respect to the Application, the usage rules shall control.

26. Governing Law & Venue

Except to the extent that mandatory consumer protection law in your jurisdiction requires otherwise, this Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any dispute arising out of or relating to this Agreement or the Service that is not resolved by negotiation shall be brought exclusively in the courts of competent jurisdiction located in the Province of Ontario, Canada, and you irrevocably consent to the personal jurisdiction and venue of such courts. If you are a consumer in a jurisdiction whose law mandates a different governing law or forum, those mandatory rules apply to the extent required by law.

27. Changes to This Agreement

We may update this Agreement from time to time. When we make material changes, we will provide you with notice by reasonable means, such as a prominent in-app notification, an email to the address associated with your account, or an updated "Last Updated" date at the top of this page. Your continued use of the Service after the revised Agreement becomes effective constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and delete the Application from your devices.

28. Miscellaneous

28.1 Entire Agreement. This Agreement, together with the Privacy Policy and any other policies expressly incorporated by reference, constitutes the entire agreement between you and AskSimona with respect to the Service and supersedes all prior agreements, representations, and understandings.

28.2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remainder of this Agreement will remain in full force and effect.

28.3 No Waiver. Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of AskSimona.

28.4 Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. AskSimona may freely assign this Agreement, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, with notice to you.

28.5 Force Majeure. AskSimona will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government action, internet or telecommunications failures, or third-party service disruptions.

28.6 Language. The parties have agreed that this Agreement and all related documents be drafted in English. Les parties ont convenu que la présente convention et tous les documents y afférents soient rédigés en anglais.

29. Contact Information

If you have any questions, concerns, or complaints about this Agreement or the Service, please contact us: