End User License Agreement

SAIMEK, LLC — For All Saimek Software Products

Website • App Store • In-Product

Version 1.0 | Effective Date: [Date] · Saimek, LLC — A Washington Limited Liability Company · Questions? team@saimek.ai

Before You Click "I Agree" — Here Is What This Means

We wrote this agreement in plain English because we think you deserve to understand what you're agreeing to. Here is the short version:

• You are getting a license to use Saimek's software — not ownership of it.
• The FREE Tier is genuinely free. We will never show you ads, and we will never sell your data to pay for it.
• If you upgrade to a paid product, you pay once for a permanent license to that version.
• We will never sell your data. We will never harvest it. We will never use it to train AI without your permission.
• You can cancel and delete your account at any time.
• Some things you cannot do: resell the software, reverse-engineer it, or use it to build a competing product.
• If something goes wrong, our liability is limited to what you paid us.

The sections below are the full legal terms. They expand on the summary above and are binding. If anything conflicts between the summary and the full terms, the full terms control.

FREE Tier vs. Paid License — At a Glance

1. Acceptance of These Terms

By downloading, installing, accessing, or using any Saimek software product (the "Software"), or by clicking "I Agree," "Accept," or any similar button or checkbox, you ("You" or "User") agree to be legally bound by this End User License Agreement ("Agreement") and Saimek's Privacy Policy, which is incorporated herein by reference.

If you do not agree to these terms, do not download, install, access, or use the Software.

If you are accepting on behalf of a business or other legal entity, you represent that you have authority to bind that entity to this Agreement. If you do not have that authority, do not accept on behalf of the entity.

This Agreement applies wherever you encounter the Software: on Saimek's website, through Apple App Store, through Google Play Store, or within the product itself on first launch. The same terms govern in all cases.

2. The Software

"Software" means the Saimek AI tool or application you are downloading, accessing, or purchasing, including all updates, upgrades, features, and documentation made available to you under this Agreement. The specific product name is identified at the point of download or purchase.

Saimek, LLC ("Saimek," "we," "us," or "our") is a Washington limited liability company and the owner and licensor of the Software.

3. License Grant

3.1 FREE Tier License

If you are using the FREE Tier, Saimek grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software on devices you own or control, solely for your personal or internal business purposes, subject to the usage limits displayed within the Software and the restrictions in Section 4.

The FREE Tier is provided at no charge. Saimek reserves the right to modify FREE Tier features and limits at any time with reasonable notice. You will always be notified of material changes before they take effect.

3.2 Paid (Full) License

If you purchase a paid license, Saimek grants you a limited, non-exclusive, non-transferable, perpetual license to download, install, and use the version of the Software purchased on the number of devices and for the use cases specified at checkout, subject to the restrictions in Section 4.

A paid license covers the version of the Software available at the time of purchase. Future major version upgrades may require a separate purchase. Minor updates and bug fixes are included at no additional charge for the life of your license.

3.3 Upgrade Path

FREE Tier users may upgrade to a paid license at any time within the Software. Upon purchase, your license is immediately upgraded and any FREE Tier usage limits are lifted as specified in the paid product description.

3.4 One License Per User

Your license is personal to you (or, if purchased for a business, to that business). You may not share, transfer, sell, sublicense, or assign your license to any other person or entity. You may install the Software on multiple devices you personally own, up to the device limit shown at checkout.

4. What You May Not Do

The following restrictions apply to all users, FREE Tier and paid. These protect the investment Saimek has made in building the Software and ensure it remains available to everyone.

4.1 No Resale or Redistribution

You may not sell, resell, sublicense, rent, lease, lend, or otherwise distribute the Software or any rights in it to any third party. You may not offer the Software as a service to others, whether for payment or for free.

4.2 No Reverse Engineering

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, model weights, or architecture of the Software or any of its components. The technical and intellectual investment in the Software belongs to Saimek.

4.3 No Modification or Derivative Works

You may not modify, adapt, translate, or create derivative works based on the Software without Saimek's prior written consent.

4.4 No Competitive Use

You may not use the Software, its outputs, or knowledge derived from access to the Software to develop, train, benchmark, or improve any competing artificial intelligence product or service.

4.5 No License Key Circumvention

You may not bypass, disable, or circumvent any access controls, license key systems, usage limits, or feature gates in the Software. FREE Tier limits exist and must be respected until you purchase an upgrade.

4.6 No Notice Removal

You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or with the Software.

4.7 Lawful Use Only

You may not use the Software for any unlawful purpose or in violation of any applicable law or regulation. You may not use the Software to generate content that is defamatory, fraudulent, harassing, obscene, or that infringes the rights of others.

4.8 No Unauthorized Automated Access

You may not scrape, crawl, or use automated tools to access the Software or its outputs at a scale beyond your licensed usage, or in any way that circumvents usage limits or degrades service for other users.

5. Pricing, Payment & Refunds

5.1 FREE Tier

The FREE Tier is available at no charge. No payment information is required to access FREE Tier features. Saimek does not show ads in the FREE Tier and does not monetize FREE Tier users' data in any way.

5.2 Paid License Pricing

Paid license prices are displayed at the point of purchase on Saimek's website or in the applicable app store. Prices are in U.S. dollars unless otherwise stated and are subject to change. The price shown at the time you initiate a purchase is the price you pay.

5.3 Payment Processing

Payments are processed by third-party payment processors (e.g., Stripe, Apple, Google). By making a purchase, you agree to the applicable payment processor's terms. Saimek does not store your full payment card information.

5.4 Taxes

Prices may not include applicable sales tax, VAT, or similar taxes, which will be added at checkout based on your location as required by law.

5.5 Refund Policy

Because our products are digital software delivered immediately upon purchase, all sales are generally final. However, we want you to be satisfied. If the Software does not work as described, or if you experience a technical issue we cannot resolve within a reasonable time, contact us at team@saimek.ai within fourteen (14) days of purchase and we will work with you toward a resolution, which may include a full or partial refund at Saimek's discretion.

Refund requests for app store purchases are handled according to Apple App Store or Google Play Store policies, as applicable. Saimek has no control over app store refund decisions.

5.6 FREE-to-Paid Upgrades

When you upgrade from FREE Tier to a paid license within the Software, you will be shown the price and a clear confirmation step before any charge is made. You will not be charged without an affirmative purchase action.

6. Your Data & Privacy

This is the section that matters most to us. Saimek will never sell your data. We will never harvest it for advertising. We will never use it to train AI models without your explicit consent. These are absolute commitments — not buried opt-outs.

6.1 Your Data Belongs to You

Any content, inputs, files, or data you submit to the Software ("Your Data") remains your property. Saimek does not acquire ownership of Your Data by virtue of your use of the Software.

6.2 How We Use Your Data

Saimek processes Your Data only to deliver the Software's features to you, maintain and improve the Software's performance, and comply with legal obligations. We do not process Your Data for any other purpose without your consent.

6.3 What We Will Never Do

• Sell Your Data to any third party, for any price, under any circumstances.
• Share Your Data with advertisers or ad-tech platforms.
• Harvest or aggregate Your Data to build profiles or datasets for commercial distribution.
• Use Your Data to train, fine-tune, or improve any AI model — ours or anyone else's — without your explicit written consent.
• Use Your Data for any purpose unrelated to delivering the service you signed up for.

These prohibitions apply equally to FREE Tier and paid users. Being on the FREE Tier does not mean your data is the product. It is not.

6.4 AI Training Consent

If Saimek ever seeks your consent to use Your Data for AI model training or improvement, we will ask you explicitly, explain exactly how your data will be used, and give you a clear way to say no. Consent is optional, specific, and revocable at any time.

6.5 Data Security

Saimek uses industry-standard security measures to protect Your Data, including encryption in transit and at rest. In the event of a security incident affecting Your Data, we will notify you promptly in accordance with applicable law.

6.6 Privacy Policy

Our full Privacy Policy, available at saimek.com/privacy, is incorporated into this Agreement by reference. It explains in detail what information we collect, how we use it, and your rights with respect to it. Please read it.

6.7 Data Deletion

You may delete Your Data and your account at any time through the Software settings or by contacting us at privacy@saimek.ai. We will delete your data within thirty (30) days of your request and confirm deletion in writing.

7. AI-Generated Outputs

Saimek's Software uses artificial intelligence to generate outputs based on your inputs. You own the outputs generated from your inputs, subject to this Agreement and any third-party rights.

7.1 Accuracy Disclaimer

AI-generated outputs may contain errors, inaccuracies, or incomplete information. Outputs are not professional advice — legal, financial, medical, or otherwise. You are responsible for reviewing and validating all outputs before relying on them for any purpose.

7.2 Your Responsibility for Inputs

You are responsible for the content of what you submit to the Software. Do not submit content that is illegal, infringes third-party rights, or that you do not have the right to use.

7.3 No Guarantee of Specific Results

Saimek does not guarantee that the Software will produce any particular output or achieve any specific result for your use case. The Software's capabilities are described in product documentation and may vary.

8. Intellectual Property

The Software, including all AI models, algorithms, source code, user interface, documentation, trademarks, and trade secrets, is owned by Saimek, LLC and protected by copyright, patent, trade secret, and other intellectual property laws. This Agreement gives you a license to use the Software — it does not transfer ownership of the Software or any part of it to you.

Saimek's name, logo, and product names are trademarks of Saimek, LLC. You may not use them without our prior written consent, except to accurately identify the Software in private communications.

9. Updates & Changes to the Software

9.1 Software Updates

Saimek may release updates, patches, or new versions of the Software at any time. For paid licenses, minor updates and bug fixes are included at no charge. Major version upgrades may be offered as a separate purchase. Saimek may update the FREE Tier's features and limits with reasonable advance notice.

9.2 Changes to These Terms

Saimek may update this Agreement from time to time. If we make material changes, we will notify you by email (if we have your address), through an in-app notification, or by posting a notice on our website at least thirty (30) days before the change takes effect. Your continued use of the Software after the effective date of a material change constitutes acceptance of the updated terms. If you do not accept the updated terms, you must stop using the Software and may request a pro-rata refund for any unused paid license period.

9.3 Discontinuation

Saimek reserves the right to discontinue the Software or any feature at any time. If Saimek discontinues a product for which you hold a paid license, Saimek will provide at least ninety (90) days advance notice and a pro-rata refund of any fees paid for the unused portion of your license.

10. Term & Termination

10.1 Term

This Agreement is effective when you first accept it and continues until terminated as described below. Your paid license is perpetual for the version purchased, subject to termination for breach.

10.2 Termination by You

You may stop using the Software and terminate this Agreement at any time by uninstalling the Software and deleting your account. Termination does not entitle you to a refund except as described in the refund policy in Section 5.5.

10.3 Termination by Saimek

Saimek may suspend or terminate your license immediately and without notice if you violate any term of this Agreement, engage in fraudulent activity, or use the Software in a way that harms other users or Saimek. Saimek may terminate FREE Tier accounts that have been inactive for twelve (12) consecutive months with thirty (30) days advance notice.

10.4 Effect of Termination

Upon termination, your right to use the Software ends immediately. You must uninstall and cease all use of the Software. Sections that by their nature should survive termination — including those on intellectual property, data, limitation of liability, and dispute resolution — will survive. Saimek's data protection obligations survive termination permanently.

11. Disclaimer of Warranties

Saimek warrants that the Software will perform in material conformance with its published documentation under normal use. If the Software fails to do so, your remedy is as described in the refund policy in Section 5.5.

Except for that express warranty, the software is provided "as is" and "as available" without any other warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Saimek does not warrant that the software will be uninterrupted, error-free, or that any specific output will be generated. AI outputs are not guaranteed to be accurate, complete, or appropriate for any particular purpose.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Saimek's total liability to you for any claim arising out of or related to this agreement or the software shall not exceed the amount you paid to Saimek for the Software in the twelve (12) months preceding the claim. If you are a free tier user and paid nothing, Saimek's liability is limited to fifty U.S. dollars ($50.00).

In no event shall Saimek be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of data, or loss of business, even if Saimek has been advised of the possibility of such damages.

Some jurisdictions do not allow limitations of certain implied warranties or exclusions of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Saimek, LLC and its members, officers, and agents from and against any claims, damages, losses, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this Agreement; (b) content or data you submit to the Software that infringes any third-party right; or (c) your violation of any applicable law.

14. App Store Terms

If you downloaded the Software from the Apple App Store or Google Play Store, the following additional terms apply:

14.1 Apple App Store

This Agreement is between you and Saimek only, not Apple. Apple is not responsible for the Software or its content. Apple has no obligation to provide any support for the Software. In the event of any claim that the Software infringes third-party intellectual property rights, Apple is not responsible. Apple and its subsidiaries are third-party beneficiaries of this Agreement solely for the purpose of enforcing it against you. Your use of the Software is also subject to the Apple Media Services Terms and Conditions.

14.2 Google Play Store

This Agreement is between you and Saimek only, not Google. Google is not responsible for the Software, does not grant you any license to it, and has no warranty obligation with respect to it. Google is not responsible for any claims relating to the Software. Your use of the Software is also subject to Google Play's Terms of Service.

15. Dispute Resolution

15.1 Informal Resolution First

If you have a dispute with Saimek, please contact us first at legal@saimek.ai. We will make a good-faith effort to resolve any issue informally within thirty (30) days of receiving your written description of the problem.

15.2 Governing Law

This Agreement is governed by the laws of the State of Washington, without regard to conflict of law principles.

15.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or related to this Agreement or the Software shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as noted below. The arbitration will take place in Washington State or, at your election, via videoconference. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Small Claims & Injunctive Relief

Either party may bring claims in small claims court if the claim qualifies. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm — without waiving the right to arbitration for other claims.

15.5 No Class Actions

You and Saimek each agree to resolve disputes only on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against Saimek. If this waiver is found unenforceable for a particular claim, that claim may be brought in court rather than arbitration.

16. Children

The Software is not directed to children under the age of 13. If you are under 13, do not use the Software. If you are between 13 and 18, you must have parental or guardian consent before using the Software. If we become aware that a child under 13 has provided us with personal information, we will delete it promptly. Parents or guardians who believe their child under 13 has used the Software should contact us at privacy@saimek.ai.

17. General

17.1 Entire Agreement

This Agreement and Saimek's Privacy Policy constitute the entire agreement between you and Saimek regarding the Software and supersede all prior agreements, representations, and understandings.

17.2 Severability

If any provision of this Agreement is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

17.3 No Waiver

Saimek's failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce that provision in the future.

17.4 Assignment

You may not assign this Agreement or any rights under it without Saimek's prior written consent. Saimek may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the acquiring entity assumes all obligations to you under this Agreement.

17.5 Force Majeure

Saimek is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, internet outages, government actions, or third-party platform failures.

17.6 Contact

For legal notices, questions, or support, please contact Saimek at:

Acknowledgment

By clicking "I Agree," "Accept," or any similar button, or by downloading, installing, or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms.

Version 1.0 · Effective Date: [Date] · Hosted URL: saimek.com/legal/eula