Terms of Service for Simyr

1. Acceptance of Terms

Welcome to Simyr, operated by Holeaux, LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Simyr mobile application (the "App") and related services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after changes take effect constitutes acceptance of the modified Terms.

2. Eligibility

To use Simyr, you must:

1. Be at least 13 years of age (or the minimum age required in your jurisdiction);
2. Have the legal capacity to enter into a binding agreement;
3. Not be prohibited from using the App under applicable laws;
4. Not have been previously suspended or removed from the App.

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

3. Account Registration and Security

3.1 Account Creation

To access most features of Simyr, you must create an account by providing a valid phone number for verification. You agree to:

• Provide accurate and complete information during registration
• Keep your account information current and accurate
• Maintain the security of your account credentials

3.2 Account Security

You are responsible for all activities that occur under your account. You agree to notify us immediately at support@holeaux.com if you suspect any unauthorized use of your account. We are not liable for any losses arising from unauthorized use of your account.

4. User Responsibilities and Acceptable Use

4.1 Your Responsibilities

As a user of Simyr, you agree to:

• Use the App in compliance with all applicable laws and regulations
• Treat other users with respect and kindness
• Only share content that you have the right to share
• Use the App's features as intended and not to circumvent platform limitations
• Report violations of these Terms or harmful behavior to support@holeaux.com

4.2 Acceptable Use Policy

Simyr is designed to foster genuine connection and support mental wellbeing. You agree to use the App in a manner consistent with this purpose and not to undermine the supportive community environment.

5. Prohibited Conduct

You agree NOT to engage in any of the following prohibited activities:

• Harmful Content: Posting content that is defamatory, obscene, threatening, harassing, bullying, or promotes violence, self-harm, or hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
• Illegal Activities: Using the App for any illegal purpose or in violation of any laws or regulations.
• Privacy Violations: Sharing others' personal information without consent, stalking, or invading others' privacy.
• Impersonation: Creating fake accounts, impersonating others, or misrepresenting your identity or affiliation.
• Spam and Manipulation: Sending unsolicited messages, creating multiple accounts, or manipulating App features.
• Intellectual Property Infringement: Posting content that infringes on others' copyrights, trademarks, or other intellectual property rights.
• Security Interference: Attempting to interfere with, compromise, or disrupt the App's security, servers, or networks.
• Unauthorized Access: Accessing or using another user's account without permission.
• Commercial Exploitation: Using the App for unauthorized commercial purposes, advertising, or solicitation.

6. Content Ownership and Licensing

6.1 Your Content

However, by posting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your content solely for the purpose of operating and providing the App.

This license ends when you delete your content or account, except where your content has been shared with others and they have not deleted it, or where retention is required for legal purposes.

6.2 Content Representations

By posting content, you represent and warrant that:

• You own or have the necessary rights to share the content
• The content does not violate any third party's rights
• The content complies with these Terms and applicable laws
• You have obtained any necessary consents from individuals depicted in your content

7. Intellectual Property Rights

The App, including its design, features, graphics, code, and content (excluding user-generated content), is owned by Holeaux, LLC and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any proprietary notices or labels
• Use our trademarks or branding without prior written permission

"Simyr" and associated logos are trademarks of Holeaux, LLC. All rights not expressly granted are reserved.

8. Enforcement and Consequences

We reserve the right to investigate suspected violations of these Terms and take appropriate action, including:

• Issuing warnings to users
• Removing or disabling access to content that violates these Terms
• Temporarily or permanently suspending accounts
• Reporting violations to law enforcement when appropriate

We may take these actions without prior notice if, in our sole discretion, we determine that a violation has occurred. Users may appeal enforcement decisions by contacting support@holeaux.com.

9. Service Modifications and Termination

9.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the App or any features at any time, with or without notice. We will make reasonable efforts to provide advance notice of significant changes that may materially affect your use of the App.

9.2 Termination by You

You may terminate your account at any time by using the account deletion feature in the App settings or by contacting support@holeaux.com. Upon termination, your right to use the App ceases immediately.

9.3 Termination by Us

We may terminate or suspend your account and access to the App at any time, with or without cause or notice, if we believe you have violated these Terms or for any other reason in our sole discretion. Upon termination, your right to use the App will immediately cease.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components. We do not guarantee any specific results from using the App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLEAUX, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of or inability to use the App.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Holeaux, LLC and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your content.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@holeaux.com and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Seattle, Washington or another mutually agreed location. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in King County, Washington.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Holeaux, LLC regarding the App and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Holeaux, LLC.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Notices

We may provide notices to you through the App, via email to the address associated with your account, or by other reasonable means. You may contact us as described in the "Contact Us" section below.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: