Terms of Service

1. Agreement to these terms

By accessing or using the Services, you agree to these Terms of Service and any applicable order form, statement of work, or other agreement between your business and Simple AI LLC. If you do not agree, do not use the Services.

2. Eligibility and authority

You must be acting for a business, meet the minimum legal age in your jurisdiction, and have authority to enter into the applicable agreement on behalf of your organisation.

3. Accounts and access

You are responsible for authorised account access, keeping login credentials confidential, and activity under your account. Notify us promptly if you suspect unauthorised use or a security breach.

4. Acceptable use

Use the Services only for lawful, authorised business purposes. You must not violate applicable law, infringe another party’s rights, transmit harmful code, disrupt the Services, or attempt to access the Services in an unauthorised way.

No illegal use of the Services is permitted. You must not directly or indirectly use, attempt to use, or allow another person or automated system to use the Services to plan, facilitate, promote, assist, conceal, or participate in any unlawful, fraudulent, deceptive, abusive, exploitative, or criminal activity. Prohibited activity includes, without limitation, unauthorised surveillance or access, cyber abuse, fraud, impersonation, harassment, exploitation, intellectual-property infringement, privacy or confidentiality violations, money laundering, sanctions evasion, trafficking, or any activity prohibited by applicable law, regulation, court order, or binding legal obligation.

You, your authorised users, and any company, bot, crawler, automated agent, script, integration, or AI model acting for or through you must not access, collect, scrape, retrieve, copy, submit, disclose, transmit, or process data protected by a login, user authentication, API key or token, paywall, IP allowlist, permission scope, or other technical or contractual access control unless the data owner has expressly authorised both the access and the intended processing.

Possessing credentials, an API key, a token, or technical access does not by itself establish permission. You must not bypass, defeat, evade, share, or misuse access controls or credentials; exceed an authorised API scope or rate limit; access data outside the permission granted; or use the Services to enable any person or automated system to do so. You are solely responsible for confirming and documenting the authority to access and process protected data and for complying with the data owner’s terms and all applicable laws.

We may investigate suspected illegal or prohibited use and may immediately restrict, suspend, or terminate access without prior notice. To the extent permitted or required by law, we may preserve relevant information and cooperate with affected rights holders, regulators, courts, and law-enforcement authorities. Any suspension or termination under this section does not limit our other rights or remedies and does not create a right to a refund except where applicable law requires one.

5. Customer data, content, and AI processing

You retain ownership of the data and content you submit. You grant us the limited rights needed to host, transmit, process, analyse, and use that data to provide, secure, support, and improve the Services in line with the Privacy Policy and applicable data-processing terms.

The Services use multiple artificial-intelligence models to process data. All data, prompts, uploaded content, and related instructions you submit for analysis or generation are routed to and processed by one or more AI models, including models operated by third-party providers, depending on the task, capability, availability, performance, and security requirements. You instruct and authorise Simple AI LLC to perform this processing to provide the Services.

The person, business, or agency that provides or uploads data is solely responsible for that data and for the consequences of submitting, processing, using, sharing, or relying on it. You are responsible for its accuracy, quality, legality, confidentiality, and suitability, and for maintaining any backup you require. You represent and warrant that you have all ownership rights, licences, permissions, notices, consents, and lawful bases needed for Simple AI LLC and its AI model providers to process the data as described in these Terms.

Simple AI LLC does not verify ownership, accuracy, legality, or completeness of data supplied by you or your authorised users and is not responsible for that data or for claims arising from it. You must not upload data that infringes intellectual-property, privacy, confidentiality, contractual, or other rights; violates applicable law; or exceeds the authority granted to you by a client, employer, data subject, or other third party.

Do not submit regulated, highly sensitive, or restricted information unless its use has been expressly agreed in writing. AI-generated outputs may be incomplete, inaccurate, or unsuitable for a particular purpose and should be reviewed by a qualified person before being relied on for material business, legal, financial, medical, or other high-impact decisions.

6. Third-party services and AI providers

The Services may connect to or rely on third-party services and AI model providers. Their systems may process submitted data solely as needed to provide the applicable functionality, subject to our agreements with those providers and the applicable Privacy Policy or data-processing terms. Third-party services may also be governed by their own terms.

7. Fees and payment

Fees are set out in the applicable order form or subscription plan. Unless stated otherwise, fees exclude taxes, invoices are due on the agreed schedule, and refund or cancellation rights follow the applicable commercial terms.

8. Intellectual property

The Services and their intellectual-property rights are owned by Simple AI LLC or its licensors. Subject to the applicable agreement, you receive a limited, non-exclusive, non-transferable right to use the Services for authorised business purposes.

9. Confidentiality

Each party will protect the other party’s confidential information and use it only to perform the applicable agreement. Standard exclusions apply to information that is public, independently developed, lawfully received, or required to be disclosed by law.

10. Suspension and termination

Access may be suspended or terminated for a material breach or for security, legal, or operational reasons. Your termination rights, notice periods, account closure, and post-termination data handling follow the applicable agreement.

11. Disclaimers

Service commitments and any warranty disclaimers are governed by the final, counsel-approved agreement and applicable law.

12. Limitation of liability

To the maximum extent permitted by applicable law, Simple AI LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, data, or use; business interruption; or the cost of substitute services arising out of or relating to the Services or these Terms, regardless of the legal theory and even if advised that such damages were possible.

To the maximum extent permitted by applicable law, the total aggregate liability of Simple AI LLC and its affiliates for all claims arising out of or relating to the Services or these Terms will not exceed the total fees you actually paid to Simple AI LLC for the specific Service giving rise to the claim during the twelve months immediately before the first event giving rise to liability. This is a single aggregate cap for all claims, not a separate cap for each claim or incident. These exclusions and limitations apply even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited. If an applicable signed agreement expressly provides a different liability cap, that cap will control.

13. Indemnity

If you and Simple AI LLC have entered into a signed agreement that expressly governs indemnification, that agreement will control. If no such signed agreement applies, the following indemnity applies to your use of the Services.

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Simple AI LLC, its affiliates, licensors, suppliers, service providers, and each of their respective officers, directors, employees, contractors, and agents from and against any third-party claim, demand, action, proceeding, or investigation, and all resulting losses, liabilities, judgments, settlements, damages, penalties, fines, costs, and reasonable legal fees, arising out of or relating to: data, prompts, files, content, or instructions provided by you or your authorised users; an allegation that such material or its processing infringes intellectual-property, privacy, confidentiality, contractual, or other rights; access to or processing of protected data without sufficient authority; your use or misuse of the Services or AI-generated output; your breach of these Terms; your violation of applicable law or a third party’s API, platform, or service terms; or your fraud, negligence, or wilful misconduct.

Simple AI LLC will provide reasonable notice of a covered claim, although delayed notice will reduce your obligations only to the extent the delay materially prejudices the defence. You must cooperate with the defence and may not settle a claim in a way that admits fault by, imposes liability on, or requires any action from Simple AI LLC without our prior written consent. We may participate with counsel of our choice and may assume control of the defence where a conflict of interest, material reputational risk, regulatory issue, or potential operational impact exists. This section survives suspension or termination of the Services and these Terms.

14. Governing law and disputes

If you and Simple AI LLC have entered into a signed agreement that expressly governs applicable law or dispute resolution, that agreement will control. If no such signed agreement applies, the following process applies.

These Terms and any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or the relationship between you and Simple AI LLC are governed by the laws of India, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting formal proceedings, the complaining party must send a written Notice of Dispute to dm@WhatBuyersAsk.com. The notice must identify the party and account involved, describe the material facts and legal basis of the dispute, include available supporting documents, and state the relief requested. The parties will attempt in good faith to resolve the dispute for thirty days after receipt of a complete notice.

If the dispute is not resolved within that period, it will be finally and exclusively resolved by binding individual arbitration under the Arbitration and Conciliation Act, 1996. The tribunal will consist of one neutral arbitrator agreed by the parties within fifteen days after an arbitration demand; if the parties do not agree, the arbitrator will be appointed in accordance with that Act. The legal seat and venue of arbitration will be Gurugram, Haryana, India. The proceedings and award will be in English. Hearings may be conducted remotely when directed by the arbitrator. The arbitrator will issue a written, reasoned award, which will be final and binding and may be recognised or enforced in any court with jurisdiction.

The courts at Gurugram, Haryana, India will have exclusive jurisdiction over applications concerning the arbitration and any claim that cannot lawfully be arbitrated. Despite the preceding requirements, Simple AI LLC may seek temporary, injunctive, protective, or equitable relief in any court with jurisdiction to protect intellectual property, confidential information, systems or data, prevent unauthorised access or misuse, or preserve the effectiveness of the arbitration.

Disputes must be brought only on an individual basis. To the maximum extent permitted by law, neither party may bring or participate in a class, collective, consolidated, representative, or private-attorney-general proceeding, and each party waives any right to trial by jury. A claim must be formally commenced within one year after it arose, or it is permanently barred, except where applicable law does not permit that limitation. The arbitrator may allocate arbitration costs and reasonable legal fees in the final award. This section does not prevent Simple AI LLC from suspending the Services or pursuing undisputed unpaid fees.

15. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated through the Services or another appropriate channel, and the date at the top will show when the Terms were last updated.

16. Contact

If you have a question about these Terms, contact us using the details below.