Terms & Conditions

Updated: October 2025

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF SIMULON.

The terms and conditions to use the Services of Simulon are set out below. In addition to the terms here, while using the Simulon Services these materials may also apply to you and can be found on our website at https://simulon.com/legal:

1. Privacy Policy - governing the use of your personal Information;

2. Copyright Policy - our process and protocols for copyright infringement claims and content removal, as determined by The Digital Millennium Copyright Act (1998);

3. Community Guidelines - our guide for fostering a safe, inclusive, and respectful environment throughout the Simulon community;

4. Creative Commons License - https://creativecommons.org/terms/;

5. Blender Terms and Conditions - https://www.blender.org/about/license/.

While we recommend you familiarise yourself with all the terms, we suggest the below clauses especially should be considered:

1. Clause 7 Beta Testing: Provides terms and conditions specifically for users participating in beta testing.

2. Clause 8 Services: Describes the component parts of Simulon; their features and interactions.

3. Clause 9 Collective Content: Defines the different types of content available on the platform, including Collective Content, User Created Content and Creative Commons Content. It outlines the rights and obligations related to these types of content.

4. Clause 23 Intellectual Property Rights: Specifies the rights and licenses associated with the Collective Content, Services and Platform.

2. Interpretations & Definitions

1. “3D” means three-dimensional digital environments, characters, and objects created using computer software. 

2. "Account" means the account created by Users through which Users can access the Services;

3. “Aftermarket” means the section of the App where users directly upload 3D models and metadata, and whereby other users can directly use references of those models in their User Created Content.

4. “App/s" means any software applications created by Simulon to deliver the Services;

5. “Beta Testing” means the process of having users sign up and utilise unreleased  platform features for the purposes of bug testing and user experience refinements, subject to these Terms and in particular, clause 7;

6. "Business Day" means any day excluding Saturday, Sunday and a public holiday in United States.

7. “Capture & Render Pipeline” means the processes within the Services that:

   1. Lets the user compose a scene using Collective Content and then audio-visually record from and save a Scene;

   2. Automate and optimise the visual effects pipeline for the creation of high-quality UCC, collectively called Sims;

8. “Compose” means the process of utilising Collective Content in the Simulon app and/or other integrated software to author a Scene;

9. “Collective Content” means all Content, UCC and Creative Commons Content;

10. “Content” means all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding UCC and Creative Commons Content. 

11. “Creative Commons Content” and “CCC” means the content with a public copyright license that enables the free distribution of an otherwise copyrighted creative work. There are several types of Creative Commons licenses. Each license differs by several combinations that condition the terms of distribution. For the purposes of these terms “Creative Commons Content” will refer to all content licensed under any Creative Commons license;

12. “DCCt” means Digital Content Creation Tools, such as Blender;

13. "Fees" means the fees described in clause 13;

14. "Improvements" means any adaptation, change, development, improvement, enhancement or modification to any aspect of the Services and/or its related Intellectual Property;

15. "Intellectual Property" means all the rights to intellectual property, including (without limitation) all rights in and to any know-how, methodologies, patents, copyright, (including, without limitation, all copyright in any designs and computer programs), moral rights, registered design, trade marks, moral rights, trade names and domain names service marks, rights in get-up, rights in goodwill or to sue for passing off, designs, design rights, source codes, inventions, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and other intellectual property rights and rights of a similar character whether registered or capable of registration and all applications and rights to apply for the protection of any of the same anywhere in the world or other industrial or intellectual property rights, whether registered or not and whether or not capable of being registered, and any application for any of the aforementioned;

16. “Licensed Application” means any and all Simulon app/s available for download to the public,.

17. "Personal Information" means all information about a User that can be used to identify the User;

18. "Platform" means collectively, all Simulon apps, websites, cloud-native software and storage provided via the Software, providing the Services;

19. "Portfolio" means that part of a User's profile which allows for the storage and cataloguing of a User's personal library of Collective Content;

20. “Reality Bridge” means the concept of a Simulon/DCCt workflow allowing Users to work in 3D across real world & device seamlessly; 

21. “Scene” means the physical space recorded as latent space by the user  within the Capture & Render Pipeline where the user Composes their creative work using Collective Content, which can then be exported as a Sim;

22. "Services" means the Services supplied by Simulon to Users as set out in the Services clause (8) below.

23. “Sims” means the audio-visual output the User produces when using the Services. Sims are a subset of UCC;

24. "Simulon Hub" means the Simulon desktop applications which act as a ‘Reality Bridge’ - allowing Users to upload, view and catalogue User-Created Content created outside Simulon’s platform, and integrate the Simulon pipeline with other DCCt;

25. "Simulon Mobile App" means the Simulon applications which give Users access to the Capture & Render Pipeline, the Simulon library and their User Library;

26. "Simulon Library" means the catalogue of Collective Content  presented to the user within the App containing UCC in the App where they can access Content, User Content, UCC and/or Creative Commons Content for storage and/or utilisation within the Services;

27. "Software" means all the computer programs and associated documentation and data that constitute the Platform.

28. "Terms" means these terms in this legally binding agreement that regulate your use of the Services and our relationship with you;

29. "User Library" means the User’s portfolio in the App where they can access Content, User Content, UCC and/or Creative Commons Content for storage and/or utilisation within the Services;

30. "User" and "you" means the person, company, bot or thing making use of the Services; 

31. “User Created Content” and “UCC” - all files, images, video, audio, and related original and derivative content, as well as User comments and other interactions, created, actioned or uploaded by Users for, or through the utilisation of, the Collective Content & Services.

32. "Simulon", "us" and "we" means Beamm Technologies Incorporated, a company incorporated in Delaware US reg 3118150, with its physical address at Beamm Technologies Inc., 3 Germay Dr, Unit 4 #1563, Wilmington, DE 19804, United States, email: hello@simulon.com;

33. "Website" means https://simulon.com, including any and all sub-domains.

3. General

All clauses in these Terms displayed in BOLD are provisions which limit the risk or liability of Simulon and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Simulon or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.

4. When Do These Terms Apply?

1. By using the Services you agree to be bound to the Terms as a User, to the extent that they are applicable to you. You may not access the Services (which includes this Website) if you do not agree with these Terms.

2. We reserve the right to refuse any request for our Services without notice or reason.

3. These Terms will also apply to any future Services and interaction channels that may be made available by us unless stated otherwise. 

4. All parties acknowledge that these Terms and Conditions are concluded between Simulon and the User only, and not with Apple, and Simulon, not Apple, are solely responsible for the Licensed Application and the content thereof.

   
   

5. Changes To These Terms

1. We may change or add to these Terms, change or cancel the Services or offer new Services to you from time to time, change the Website from time to time, and change or remove the Website from time to time, at our discretion. We will notify you of any material changes via email which will contain a link to the updated terms or with a prominent notice on the Website. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms. 

2. We will give you 30 (thirty) calendar days' notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.

   
   

6. Duration Of These Terms

Simply, these Terms apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Services.

7. Beta Testing

1. During Beta Testing the following terms and conditions will also apply. Should there be any conflict between this clause and the Terms, this clause shall take preference.

2. For Users who sign up for Beta Testing("Beta Users"), the following terms and conditions apply:

   1. full access to the beta features for the duration of the beta period;

   2. Beta Users’ User Generated Content may be uploaded :

      1. For use by the Beta User in relation to the Services; and

      2. For use by Simulon at no charge for the purpose of testing the Services to its full extent.

      3. Irrespective of what is recorded in these Terms, Beta Users may delete their User Generated Content from the Platform without notice.

      4. The Beta User hereby gives Simulon the right to use the Beta User's User Generated Content to advertise and promote the Services and Simulon in general, during the Beta Testing Period and thereafter indefinitely, unless the Beta User gives written notice to Simulon for the removal of their User Generated Content from the Services and/or from marketing material or disclosures.

      5. By using a Simulon beta release, you agree not to publicly share any videos or images that showcase the beta’s features or visual experience.

3. Should your use of the Platform not comply with these Terms during the Beta Testing Period, Simulon may terminate your use of the Beta Testing and remove any and all User Generated Content without cause and without notice. In such circumstances, the Beta User hereby waives any rights to any User Generated Content created using the Services and shall have no recourse or claim for damages against Simulon for such aforementioned actions and hereby waives the same.

4. The Beta User hereby indemnifies Simulon from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from a negligent or intentional, direct or indirect breach of this clause.

8. Services

1. We offer the Services, being a state of the art platform, allowing Users the ability to utilise Collective Content to create Sims. The Services in effect provide Users access to our Platform and is made up of these component parts:

   1. The Simulon Hub, allowing Users to:

      1. Upload User Generated Content for the Capture & Render Engine; and for storage, sale, transfer, exchange and trading in the Simulon Library; and

      2. Integrate the Simulon workflow with other DCCt;

   2. The Simulon Library, where editorially controlled Content is offered to the user to add to their User Library and/or utilize within the services for the purposes of making Sims.

   3. The Aftermarket Library, where Users can directly access a portfolio of UCC to add to their User Library and/or utilize within the services for the purposes of making Sims.

   4. The Simulon Mobile App, incorporating the Capture & Render Engine, as well as the Simulon and Aftermarket Libraries.

2. Simulon is solely responsible for providing any maintenance and support services with respect to the Licensed Application and as required under applicable law. All parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application;

3. Other specific details about our Services are available on the Website or via contacting us directly hello@simulon.com;

4. The information presented in the Services is not advice and should be used for informational purposes only. Any reliance on the information provided in the Services is at your own risk. Furthermore, it is entirely your responsibility to seek legal advice on the legal and/or financial effect of the Services provided by us to you.

9. Collective Content

1. Content:

   1. Simulon and its licensors reserve all rights not explicitly granted to you by these terms.

   2. Engaging with Simulon Content in ways not directly permitted by these Terms is not allowed. This includes downloading, copying, reproducing, distributing, transmitting, displaying, selling, licensing, or exploiting the Content for any purpose not permitted herein without explicit prior written permission from Simulon or, where relevant, our licensors.

   3. The Content & materials provided by Simulon, including software, audio, videos, text, images, graphics, logos, designs, trademarks, service marks, copyrights, patents, and the overall design and feel of the Services, along with all related intellectual property rights are owned or licensed by Simulon.

      
      

2. User Created Content

   1. It's understood that any UCC you (or your license holders) create or upload via the Services ("UCC") that adheres to these terms remains your (or your license holders’) property. 

   2. In using the Services and Collective Content you may upload, download and/or create original and derivative works which could be considered UCC. As an author of UCC, besides any rights granted to you herein, you represent and warrant that you own sufficient further rights, title, and interest in and to any of the UCC you upload and/or create and are solely responsible for ensuring that any UCC submitted to the Platform or created by you via the Services complies with any applicable laws and third party rights, including but not limited to any Intellectual Property, privacy, and publicity, rights and laws, and that all required notices have been provided to, and required consents and releases have been obtained from, individuals who are the subject of, or owners of, any UCC, where relevant. Simulon always has the right, in its sole discretion, to review any UCC and to accept or reject any UCC at its sole discretion;

   3. You warrant and acknowledge that any UCC uploaded onto the Platform that you specifically make available to other Users via the Simulon Library and Aftermarket Library shall be subject to the terms of clause 24 and shall allow other Users to use the UCC within the Services to create new and/or derivative works and that you shall have no right to prohibit any creation of a Work or remove such Works created by other Users. If you feel that any created Works are contrary to the Terms or our Community Guidelines, you shall be required to notify Simulon in writing and we shall, without any obligation to, consider removal of any Works created using your User Generated Content;

   4. Simulon retains the right to remove any and all Collective Content from the Services at any time and for any reason. It is suggested that you keep a copy of all your User Created Content;

   5. By using the Services you grant Simulon a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sub-licensable right and license to use, reproduce, publicly display, distribute, adapt, create derivative works of and otherwise exploit your User Created Content to provide the Services, including but not limited to developing, distributing, improving and promoting the Services, our activities and your publicly shared content. For the avoidance of doubt, this license does not give us the right to sell or trade your UCC.

   6. You are solely responsible for safeguarding your UCC, and Simulon has no duty to store copies of your UCC for future availability except as otherwise provided under this Agreement. Simulon shall remove items of Collective Content from the Services if properly notified that such content infringes on another's Intellectual Property rights. We reserve the right to remove any Collective Content from the Services and terminate any licenses thereto, in whole or in part, without prior notice, for any reason or for no reason at all. Without limitation, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity and/or has had their User Generated Content removed from the Service more than twice for breaching these terms or infringing the rights of others. We also reserve the right to decide whether items of Collective Content are appropriate and comply with this Agreement for violations other than violations of Intellectual Property law; 

   7. Regarding uploading of UCC, you are entirely responsible for all content that you upload, post or otherwise transmit via the Services. You hereby warrant, acknowledge and agree not to upload, post or otherwise transmit via the Services any content that:

      1. is defamatory, calculated to incite or promote any form of hostility or violence, offensive, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, pornographic, threatening, invasive of a person's privacy, violates any laws or serve to discriminate against others, which includes (without limitation) grounds based on race, religion, sex, sexual orientation, age, disability or national origin, or is otherwise objectionable to Simulon or other Users of the Services;

      2. includes unauthorized disclosure of personal information and data and which may, without limitation,  include images of a human being;

      3. contains unauthorized third-party commercial advertisements;

      4. violates or infringes on the Intellectual property of Simulon, any User and/or any third party;

      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, and

         you are not permitted to use the Services in a manner which would or would likely incite, promote or support any of the aforementioned acts, whether directly or indirectly.

   8. Creative Commons Content - some Collective Content available while using the Services maybe provided under a Creative Commons License and clearly attributed as such. When using Creative Commons Content please familiarise yourself with the terms for the respective license by visiting https://creativecommons.org/share-your-work/

10. . Your Account & Information

1. In order to access the Services, you must create an Account by providing your Personal Information to Simulon. 

2. By creating an Account, you acknowledge and agree that all information provided to Simulon, including the Personal Information, is your own, is accurate and has not been tampered with. 

3. You are solely responsible for the safekeeping of your Account access credentials. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we assume that the person using the Website or Services is you. 

4. You are not allowed to share your Account with other Users. Only you may use your Account to access the Website and Services and you may only use your Account and the Services for your own personal purposes.

5. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.

6. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your Account, and update your Account access credentials. 

11. . User Subscriptions

Simulon currently offers three subscription types: Core, Pro and Studio. 

For more details on each please check out Simulon on the App Store or contact us at hello@simulon.com.

12. . Cancellation & Suspension 

1. At any time, and without cause, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms. 

2. In addition, Simulon may cancel your Account, terminate these Terms, suspend Simulon's obligations if:

   1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms; 

   2. you have used the Website to breach the Intellectual Property rights of Simulon or any third party; 

   3. you have not used your Account or the Services for 3 (three) years and are therefore considered to be an inactive User; or 

   4. you have suspended any payments due by you in terms of these Terms to us.

3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.

4. The termination of these Terms, for whatever reason, will not affect Simulon's accrued rights and obligations as at the date of termination.

5. Upon termination of these Terms:

   1. you must make all reasonable efforts to delete all parts of the Services held by you in any format whatsoever; 

   2. you must immediately cease all use of the Services; 

   3. we will delete your Account and you will no longer be able to access any portion of the Services that requires an Account;

   4. we will remove your payment information from our systems but will retain your Personal Information generated as a result of the Services for a reasonable period in line with the Privacy Policy; and

   5. all amounts outstanding to Simulon shall become immediately due and payable, without demand or further notice of any kind, all of which are expressly waived by the User. 

13. . Fees

1. The Services shall be rendered according to the Fees, and the current rate and any further terms thereof are available on the App Store.=

2. The Fees will be specified on the App Store as exclusive of applicable taxes, unless stated otherwise. To the extent allowed under applicable laws, the User is responsible for any applicable taxes, whether they are listed on the Website or not.

3. The Fees may change from time to time, subject to us giving you 30 (thirty) calendar days' notice of such change, however, changes to the Fees will not apply to Services already purchased.

14. . Payments

1. Payment: payment of the Fees is required before you can use the Services. You warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed, and you acknowledge that Simulon will not be liable for any overdraft fees that you might incur. 

2. Third party payment gateway and online app store purchases: Users agree to adhere to the terms and conditions stipulated by any third-party payment gateway or online app store that may be used by us and agree to pay any fees that may be charged by such third party. 

3. Under no circumstances will Simulon be responsible for any fees incurred by you to any third parties.

4. Making payment: Fees can be paid via: card payment, in terms of which, you will be directed to a third party payment gateway to provide your credit card or other payment information via a secure connection, and Simulon will not have access to your credit card or payment information.

5. Transaction records: we will make all documentation relating to transactions between you and us available to you on your Account and via email.

6. Failed purchase: should payment for the Fees be unsuccessful, the User will be notified of this and will be able to attend to payment again. In the event of a failed purchase, the User will be unable to access the Services until the Fees have been successfully paid. If the Fees remain unpaid, Simulon reserves the right to terminate your access to the Services and shall notify you of such termination via email. 

7. Additional charges: if you cancel a payment by giving instruction to your bank to return your funds, and they do so, or your billing details provided are no longer valid, you will be liable to us for any penalty which we incur to that bank or other payment processor.

8. Foreign currency: If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.

15. . Refunds

1. Cooling off:

   Users may cancel the Services purchased from Simulon within 7 (seven) calendar days of purchasing the Services, reckoned from the date of payment of the Fees, unless the User has already started to receive the Services (i.e. you have used the Services during this period). We will not refund any Fees in terms of this clause if you have used the Services or if you request a refund after 7 (seven) calendar days of making payment of the Fees. 

2. Given the nature of the Services, we do not generally offer a refund or credit on Fees once you have used the Services unless required under applicable consumer protection laws. 

3. Dissatisfaction with the Services:

   1. If you have used the Services and are dissatisfied with them and would like to request a refund or credit on your Fees, you must contact us at hello@simulon.com within 7 (seven) calendar days of making payment of the Fees. 

   2. Simulon will assess all requests on their merits, considering the digital nature of the Services, the types of problems you encountered and your use of the Services. 

   3. Refunds in terms of this clause  will be granted at the sole discretion of Simulon, taking all circumstances into account.

4. All refunds granted will be paid to the User's payment card used for making payment of the Fees within 30 (thirty) calendar days of the refund being granted.

16. . Promotional Codes

1. We may, at our discretion, make promotional codes available to you, providing, amongst other benefits to be notified to you via the Website, free trials or a discounted fee.

2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.

17. . Changes to the Services

1. Simulon shall inform Users of any material changes to the Services by manner of email and/or notice on the Website. Continued use of the Website after this notice has been displayed shall be deemed as your acceptance of the changes.

2. Should any changes to the Services result in a User having less functionality from the Services, the notice will be sent 30 (thirty) calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.

18. . Acceptable User Policy

1. Some devices may not support the use of our Website or the Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Website and Services, including internet access capabilities. We will not be responsible for any failure to access the Website or Services due to incompatible devices. 

2. The use of our Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location. 

3. You must respect our Services and our Intellectual Property, as well as the Intellectual Property of third parties (which includes Collective Content) in utmost good faith and use it only as intended by these terms and the Services offered.. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services and/or the removal of any UCC related to you from the Platform. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, but these will likely be good grounds:

   1. providing any untrue or incorrect information to us;

   2. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website or the Services, including the security features or reverse engineering our Website or the Services; 

   3. infecting our Website or the Services with any software, malware or code that may infect, damage, delay or impede the operation of our Website or the Services or which may intercept, alter or interfere with any data generated by or received through our Website or the Services; 

   4. using malicious search technology, including, but not limited to, spiders and crawlers;

   5. deep linking to any pages of our Website or the Services or engaging in any other conduct in a way to suggest that you are the owner of any Intellectual Property in our Services; 

   6. allowing any third party to use your Account in any manner other than as permitted by these Terms; or

   7. using the interactive sections of our Website or the Services to create or post any material which, in our discretion, is defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws.

19. Prohibition on AI Model Training and Data Use

No party, including but not limited to any and all artificial intelligence (AI) companies, machine learning entities, or third-party data processors, may access, utilise, reproduce, distribute, or otherwise exploit any Collective Content, intellectual property, proprietary content, data, or any other materials provided, shared, or made available by Simulon or another User through or in connection with the App and Services, for the purpose of training, fine-tuning, developing, or improving any and all AI models, algorithms, or machine learning systems. This data could include but is not limited to .blend files and all 3D and scene graph data. Deconstructing 3D scenes created using the App and Services for the purposes of such training is also forbidden.

Any such use, whether direct or indirect, is strictly prohibited to the fullest extent of the law unless expressly approved by an authorised representative of Simulon.  Unauthorised use of Simulon’s assets, data, or intellectual property or the Collective Content for AI training or similar purposes shall constitute a material breach of these Terms and Conditions and will result in legal action, including but not limited to injunctive relief, damages, and any other remedies available under applicable law. 

IN AGREEING TO THESE TERMS YOU HEREBY AGREE TO PAY SIMULON $10M (TEN MILLION US DOLLARS), IMMEDIATELY UPON DEMAND, FOR EACH AND EVERY SINGULAR BREACH OF THIS TERM (19), WHEREBY AN INDIVIDUAL, SINGLE BREACH IS IN SOME WAY ACCESSING AND/OR UTILISING UP TO 1 MEGABYTE OF DATA FROM SIMULON APP & SERVICES, FOR TRAINING AN AI MODEL OR SERVICE OF ANY KIND.

20. . Consent Required for Minors

1. Any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement. 

2. Any User of the Website who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Website and/or Services.

3. We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of our Website and/or Services is independent from Simulon and we will not be a party to any such legal action.

21. . Electronic Messages & Communication

1. We will primarily use email and electronic notices on the Platform for all communications relating to our Services or these Terms. This may also include the use of SMS (short message Services),registered mail or telephone.

2. Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws, including the Protection of Personal Information Act, 4 of 2013 and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.

22. . Social Media Integration

1. The Website may allow you to create an Account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.

2. If you proceed to use our Services in such context, then the relevant social media websites' rules will also apply, and you agree to such integration.

23. . Third Party Sites

1. We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Website or the Services does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.

2. If you access and use any third-party websites, apps, products, Services, and/or business, you do that solely at your own risk.

24. . Intellectual Property Rights

1. Simulon and its licensors retain all rights, titles, and interests in the Platform, Services and Content, including any intellectual property rights;

2. The name Simulon and all our logos are trademarks or registered trademarks of Simulon and its affiliates Worldwide.; 

3. All parties acknowledge that, in the event of any third party claim that the Licensed Application or the User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Simulon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

4. The Software and Services may allow access to Collective Content elements for you to utilise to compose Scenes and create further derivative or novel UCC. Whilst your new composition and work with sufficient authorship maybe considered your intellectual property, utilising these elements in your Scenes and Sims does not transfer copyright or ownership rights of the elements to you;

5. Users that upload and/or create UCC hereby:

   1. further to clause 8, acknowledge that you own all right, title and interest in the UCC uploaded and hereby grant Simulon, a royalty-free license to display, host, copy, disseminate and use your UCC solely to the extent necessary to provide the Services to you and to other Users; 

   2. Understand that they shall remain the sole proprietor of the Intellectual Property Rights in and to their UCC and any sale or transfer of UCC references to other Users on the Platform, for purposes of addition to their Portfolio and use with the App, shall not amount to a transfer, cession or assignment of any right, title or interest in or to such UCC and/or its Intellectual Property Rights; and

   3. irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in and to any UCC, to the extent necessary for Simulon to render the Services to other Users

6. Users who acquire any Collective Content by means of purchase or otherwise via the Simulon Library, hereby acknowledges that the acquisition of the Collective Content provides you with a reference to that content only - The addition of a reference of the Collective Content to your Portfolio does not provide you any right or title in the Collective Content itself or to any Intellectual Property Rights in and to the Collective Content it cannot be used to prevent or prohibit any other User from use of the same or similar Collective Content.

7. Licenses

   1. Subject to these terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download or utilise the Platform on a permitted device, and to access the Collective Content solely in compliance with these Terms. You acknowledge and agree that Simulon may terminate this license at any time for any reason or no reason.

   2. You are granted a non-transferable license to use the Licensed Application on any Apple-branded Products that the you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing;

   3. Creative Commons License:

      1. The elements of Collective Content distributed under Creative Commons Licenses are subject to the terms and conditions found at the following address: https://creativecommons.org/licenses/ and you hereby agree to be bound to the terms and conditions of such license; 

8. Users who create UCC shall retain ownership of such works created and Simulon does not claim any ownership rights in such Works, save as otherwise provided in these Terms.

9. You acknowledge and agree that all right, title and interest in the Intellectual Property (including but not limited to any copyright, trade mark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software), in and to:

   1. the Software;

   2. Services;

   3. Platform;

   4. any Collective Content created by Simulon,

   All the above is proprietary to Simulon and will remain our property at all times.

10. You agree that you will not acquire any rights of any nature in respect of Intellectual Property by using the Website, our Services or via the use or purchase or acquisition of Collective Content, unless specified otherwise in these Terms.

11. To the extent that it may be necessary, the User hereby assigns any rights, title and interest in any Intellectual Property necessary to give effect to clause 23.1 and/or 23.3 to Simulon or the relevant owner (in circumstances related to UCC) and shall provide its reasonable assistance to enable such assignment.

12. All rights in and to the Services and/or any Collective Content not expressly granted to the User in terms of these Terms shall remain reserved to Simulon or our licensors.

13. As it pertains to the Services, its related Intellectual Property, the User undertakes not to, or attempt to:

    1. modify, adapt, copy, duplicate, create derivative works from, mirror, frame, re-publish, download, display, broadcast, transmit, or distribute all or any portion thereof in any form or media or by any means;

    2. modify, alter, or circumvent any security or protection mechanisms;

    3. remove, obscure or alter any proprietary reference to Simulon, which includes a copyright notice or any name, trade mark, tagline, hyperlink or other designation; or

    4. decompile or disassemble any of the Services or reverse compile, reverse assemble or reverse engineer any of the Services (which includes any Collective Content) from object code into source code or other human readable format (or attempt to authorise or permit same) in any manner or for any purpose whatsoever.

25. . Warranties & Representations

Subject to applicable laws:

1. we give no guarantee of any kind concerning the content or quality of our Services and our Services are not to be considered as advice of any kind;

2. we provide the Services "as is" and do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, fit for a particular purpose or as it relates to merchantability;

3. we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website. Our Services are used at your own risk; and

4. we provide no guarantee or warrant that the Services will be available indefinitely and give no guarantees as to uptime of the Services;

5. Simulon is solely responsible for any Simulon product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Simulon’s sole responsibility;

6. you warrant to and in favour of us that:

   1. you have the legal capacity to agree to and be bound by these Terms; and/or

   2. you are 18 (eighteen) years or older;

   3. you are responsible for all use of your Account and Services and warrant that you shall take commercially reasonable steps to prevent unauthorised access to the Services by any third parties and revoke access to the Services by any persons no longer employed by or authorised to access the Services by the User; 

   4. you will use the Service at all times correctly and diligently, subject to and in accordance with the terms and conditions of these Terms and/or any applicable laws and regulations, including, but not limited to, those relating to data privacy and/or any third party licenses or terms of use, as well as any documentation provided alongside the Services from time to time; 

   5. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You not listed on any U.S. Government list of prohibited or restricted parties. 

   6. you bear the sole responsibility for your internet connection, and acknowledge that Simulon shall not be responsible for any harm, loss or damages resulting from any limitations, delays or other problems that may result as a result of an error with internet connectivity; and

   7. these Terms constitute a contract valid and binding on you and enforceable against you;

7. In addition to the above:

   1. Simulon does not endorse the accuracy or reliability of any information, statement, opinion, advice or other content provided in the Services, and such content does not constitute legal, financial or other professional advice and should not be used to obtain credit, make investments of any nature or make financial decisions or for any other commercial purposes;

   2. all information provided on or with the Services are provided for information purposes only. You should therefore not rely upon it when making any decisions or when transacting;

   3. any reliance you place on any information on or via the Services is strictly at your own risk. Simulon will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the Website or the Services; and

   4. all information provided via the Services is the Intellectual Property of Simulon and is subject to these Terms and applicable laws.

8. Each of the warranties given by you will:

   1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;

   2. continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and

   3. be deemed to be material;

9. except as expressly provided herein, Simulon does not make any representation or warranty of any kind whether express, implied, statutory or otherwise.

26. . LIMITED LIABILITIES

1. To be clear:

   1. we will not be liable for any loss (which includes, without limitation, costs, claims, damages, penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts) arising from your use of the Services or any reliance on the information presented on the Website or in the Services or provided by Simulon as part of the Services;

   2. we will not be liable to you for any loss caused by using our Services, or your liability to any third party arising from those subjects. This includes but is not limited to:

      1. any interruption, malfunction, downtime, off-line situation or other failure of the Services, system, databases or any of its components;

      2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Services; and

      3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code in the Services, or third-party systems or programming defects;

   3. we will not be liable if any material available for downloading from the Services is not free from infection, viruses and/or other code that has contaminating or destructive properties;

   4. the Services may include inaccuracies or typo's – in such instances we can't be held liable and can't be forced to comply with offers that are genuinely (and/or negligently) erroneous; 

   5. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and

   6. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.

2. If any matter results in a valid claim against Simulon, Simulon's liability will be limited to the maximum aggregate liability to any User will be the amount paid by such User to Simulon for the period in which the liability arises (up to a maximum of 6 months).

3. All parties acknowledge that Simulon, not Apple, are responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks. These Terms & Conditions do not limit Simulon’s liability to the User beyond what is permitted by applicable law;

   
   

27. Indemnity

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.

28. Force Majeure

Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes, without limitation, lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, pandemics and acts of government or other competent authorities (including telecommunications and internet service providers). 

29. Arbitration

1. Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.

2. The parties shall jointly appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration from the other Party, failing which either party shall be entitled to approach the Secretariat of the Arbitration Foundation of South Africa ("AFSA") to recommend an arbitrator to preside over the arbitration proceedings, which recommendation will immediately be deemed to have been accepted by the parties as soon as such recommendation is made to either party and the arbitration process may immediately commence.

3. Unless otherwise agreed, the rules of Commercial Arbitration as stipulated by AFSA will apply to such arbitration.

4. That arbitration shall be held:

   1. with only the parties and their representatives present;

   2. in Cape Town, South Africa

5. The provisions of this clause  are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.

6. The arbitrator's award shall be final and binding on the Parties and incapable of appeal.

30. Legal Disclosure

1. Website owner: Beamm Technologies Incorporated. 

2. Legal status: Beamm Technology Inc. t/a Simulon is a company, duly incorporated in terms of the applicable laws of Delaware, US. Delaware reg 3118150,

3. Directors: Divesh Naidoo, Charles Landey.

4. Description of main business of Simulon: In-camera, Studio-quality VFX workflow on consumer devices..

5. Email address: hello@simulon.com. 

6. Website address: https://simulon.com.

7. Registered address: Beamm Technologies Inc., 3 Germay Dr,, Unit 4 #1563, Wilmington, DE 19804, United States

8. Postal address: Beamm Technologies Inc, 3 Germay Dr,, Unit 4 #1563, Wilmington, DE 19804, United States

31. General

1. Suspension of the Website: we may temporarily suspend the Website for any reason, including repairs or upgrades to the Website or other systems. Simulon will take reasonable efforts to notify Users of such suspensions in advance. 

2. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.

3. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law. 

4. Apple as third-party: All parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms & Conditions, and that, upon the User’s acceptance of the Terms and Conditions,, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms & Conditions against the User as a third party beneficiary thereof.

5. Law and jurisdiction: these Terms and all obligations connected to them or arising from them shall be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts. 

6. Good faith: the parties shall in their dealings with each other display good faith.

7. Breach: if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.

8. No waiver: the failure of Simulon to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of Simulon's right to enforce any such provision or right in any other instance.

9. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of Simulon.

10. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

11. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

12. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.

13. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.

14. Notices: 

    1. Simulon selects its physical address and email address recorded in clause 2.29 for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms. 

    2. You hereby select the email address specified in your Account as your address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing Simulon with 7 (seven) calendar days' notice in writing. 

    3. Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.