Terms of Service

Simulithic (“Simulithic,” “we,” “us”) builds a monitoring product that runs simulated users through your production software and tells you when something breaks. These terms govern your use of that product (the “Service”) and of simulithic.com (the “Site”).

By creating a workspace, signing in, or otherwise using the Service, you agree to these terms. If you use the Service on behalf of a company, you confirm you are allowed to bind that company, and “you” means both you and the company. The Service is for businesses, not for personal or household use.

If you do not agree, do not use the Service. A data processing addendum also applies where we process end-user data on your instructions. These terms, that addendum, and the Privacy Policy are the whole agreement between us about the Service. They replace any earlier discussion or document on the same subject.

The Service lets you install a capture snippet on a site you control, review privacy-masked session recordings and the friction they show, and run simulated users against that site to see how a change would land before you ship it.

We are in early access. Features, limits, and availability will change. We will give you notice before a change that would take away something you already rely on, or that would start a charge.

You need a work email and a password to create a workspace. You are responsible for the people you invite, for keeping credentials safe, and for activity under the account. Tell us at hello@simulithic.com if you think the account has been used without your permission.

We may refuse, suspend, or close an account that we reasonably believe is being used in a way these terms do not allow, or that puts the Service or other customers at risk.

You may use the Service only for sites and products you are authorized to monitor and to run automated traffic against.

You may not:

• Install the snippet on, or point simulations at, a system you do not control or do not have permission to test.
• Attempt to break, overload, or probe the Service itself, or anyone else’s systems, beyond ordinary use of your own product.
• Resell, scrape, or reverse-engineer the Service, or use it to build a competing capture or simulation product.
• Use the Service in a way that is unlawful, that violates someone else’s rights, or that tries to recover personal data the snippet is meant to mask.

You keep whatever rights you already have in the sites you connect and in the session data they produce. You grant us a license to host, process, and display that data solely to provide the Service to you, including running simulations and showing recordings in your workspace.

For information about how your own end users behave on a product you monitor with Simulithic, you are the controller (or “business”) and we are the processor (or “service provider”). You confirm you have a lawful basis to send us that data, that your site tells people it is being recorded where the law requires it, and that you will not instruct us to process data we are not allowed to hold.

We describe what we collect, how long we keep it, and the choices you have in our Privacy Policy.

Simulated users are automated agents. They load your production software, follow paths drawn from real sessions, and report what happened. They can create load, follow links, and trigger side effects that a real visitor would trigger.

You choose what to simulate and on which origin. You are responsible for the effect those runs have on your systems, data, and users. We do not warrant that a simulation will be complete, that it will match every real visitor, or that it will not cause an incident on a site that is not ready for automated traffic.

Our Privacy Policy is part of these terms. Masking happens in the visitor’s browser before data is sent; you can tighten it from Account. Where we process end-user data on your behalf, the data processing addendum sets the rules.

During early access the Service is free. There is no card to enter and nothing to cancel. Paid plans, when they exist, will be priced per simulated experiment. We will email you before anything is billed, and nothing is charged without your say-so.

If we later offer a paid plan you do not want, you can keep using the Service under the early-access limits we publish at the time, or close the workspace.

The Service, the Site, the capture snippet, our models, methods, and branding are ours (or our licensors’). These terms give you a limited, non-exclusive, non-transferable right to use the Service for your own business while you have an account in good standing. They do not give you any other rights in our product.

Feedback you send us (a bug, a request, a suggestion) we may use without restriction or payment.

The Service is provided as-is and as-available. We work to keep it accurate and up, but we do not warrant that it will be uninterrupted, error-free, or fit for a particular purpose, or that a simulation or recording will catch every issue on your site.

To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the extent the law allows, neither of us is liable to the other for lost profits, lost data, lost goodwill, replacement costs, or any indirect, incidental, special, exemplary, punitive, or consequential damages arising out of the Site, the Service, these terms, or the Privacy Policy, even if we were told they were possible.

Our total liability for any claim arising out of these terms, the Privacy Policy, the Site, or the Service, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount you paid us for the Service in the twelve months before the claim, or one hundred US dollars, whichever is greater. While the Service is free, that amount is one hundred US dollars.

Those limits apply even if a remedy fails of its essential purpose. They do not limit liability that the law does not allow us to limit, including for death, personal injury caused by our negligence, or fraud.

You will defend, indemnify, and hold harmless Simulithic and our officers, employees, and contractors against any claim, demand, loss, or cost (including reasonable legal fees) that arises from: a site or product you connect to the Service; a simulation you run; data you send us or instruct us to process; your end users; your content; or your breach of these terms.

That includes claims brought against us by a third party (a visitor to your product, a teammate, a regulator you should have notified, or anyone else) because of how you used the Service. We will tell you promptly if such a claim arrives, and you will not settle it in a way that admits fault on our part without our written consent.

You can stop using the Service at any time and can ask us to delete the workspace by writing to hello@simulithic.com. We can suspend or end access if you materially breach these terms and do not fix it after notice, or immediately if we reasonably believe continued use would harm the Service, other customers, or someone’s safety.

Sections that by their nature should survive, including your data obligations, intellectual property, disclaimers, liability, indemnity, and disputes, survive the end of these terms.

When we change these terms we will post the new version here and update the date at the bottom. If a change is material we will email the workspace owner before it takes effect. Continuing to use the Service after that date means you accept the new terms. If you do not, you can close the workspace.

Questions about these terms go to hello@simulithic.com.

These terms and any dispute about the Site, the Service, the Privacy Policy, or our relationship are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and without giving effect to the UN Convention on Contracts for the International Sale of Goods. Nothing in this section takes away a right that the law does not let you waive, including the right to complain to a data-protection authority.

Before either of us files a claim, we will try to resolve it by email for thirty days. Write to hello@simulithic.com and describe the issue. Informal talks do not pause a deadline the law imposes, except that the one-year limit below is paused during those thirty days.

Any dispute that remains will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of the arbitration is California. One arbitrator will decide. Judgment on the award may be entered in any court with jurisdiction. You and we each waive any right to a jury trial.

Claims may be brought only in an individual capacity. You and we each waive any right to a class, collective, coordinated, or representative action, or to participate as a member of one. The arbitrator may not consolidate claims of more than one person or preside over any form of class proceeding.

If a court finds the arbitration agreement unenforceable for a particular claim, that claim must be brought only in the state or federal courts located in California, and you and we consent to those courts’ exclusive personal jurisdiction and venue. You may not sue us in any other forum.

You must bring any claim arising out of these terms, the Privacy Policy, the Site, or the Service within one year after it arose. After that it is permanently barred, except where the law requires a longer period that cannot be shortened.

If a part of these terms is held unenforceable, the rest remains in force. We may assign these terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our written consent. Nobody else is a third-party beneficiary of these terms.