Terms of Service

Welcome to Simmer. By downloading, installing, or using the Simmer mobile application or website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

These Terms constitute a legally binding agreement between you and Baldwin Ventures LLC DBA Simmer AI ("Simmer AI," "we," "our," or "us").

1. Eligibility

You must be at least 13 years of age (or 16 in the European Economic Area) to use Simmer. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are between 13 and 18, you represent that you have parental or guardian consent.

2. Account Registration

To access most features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and not share it with others
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activity that occurs under your account

You may not create an account on behalf of another person without their explicit consent, or create multiple accounts for abusive purposes.

3. Acceptable Use

You agree to use Simmer only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services for any unlawful, harmful, or fraudulent purpose
• Harass, abuse, threaten, or otherwise harm other users
• Post or transmit any content that is illegal, obscene, defamatory, or violates any third-party rights
• Attempt to gain unauthorized access to any part of the Services or other users' accounts
• Use the Services to send unsolicited commercial messages (spam)
• Reverse engineer, decompile, or disassemble any part of the Services
• Scrape, crawl, or systematically extract data from the Services
• Use automated tools to interact with the Services in a manner that exceeds normal human use
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services in any way that violates applicable laws or regulations

4. AI Agent Services

Simmer provides AI-powered agents (DinnerSync, Date Night, Spark, Memory Keeper, Gift Agent, Travel Agent, Communication) that generate responses using large language model technology. You acknowledge:

• AI responses are generated automatically and may not always be accurate, appropriate, or complete.
• You should use your own judgment when acting on AI suggestions, particularly for travel, dietary, or relationship advice.
• Simmer is not a licensed therapist, nutritionist, or travel agent. Our AI agents are tools for assistance, not professional services.
• We do not guarantee the accuracy, reliability, or fitness of AI-generated content for any particular purpose.
• We may modify, suspend, or discontinue AI agents at any time with or without notice.

5. User Content

You retain ownership of any content you create within the Services ("User Content"), including memories, notes, and profile information. By submitting User Content, you grant Simmer a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit your User Content solely to provide and improve the Services.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

You are solely responsible for your User Content. We reserve the right to remove User Content that violates these Terms.

6. Couple Pairing Features

Certain features require you to pair with a partner. By pairing with another user, you consent to sharing specific profile and activity data with that user as described in our Privacy Policy. You are responsible for only pairing with people you know and trust. We are not responsible for disputes arising between paired users.

7. Subscriptions and Payments

Simmer offers free and paid ("Premium") subscription tiers. If you subscribe to Premium:

• Subscriptions are billed through the App Store (Apple) or Google Play (Google) and are subject to their billing terms.
• Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• You may cancel your subscription at any time through your device's subscription management settings. Cancellation takes effect at the end of the current billing period.
• We do not provide refunds for partial subscription periods except as required by applicable law or App Store/Google Play policies.
• We may change subscription pricing with reasonable notice. Continued use after a price change constitutes acceptance.

8. Intellectual Property

The Services, including all software, designs, text, graphics, and other content (excluding User Content), are owned by Simmer or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Services without our express written permission.

"Simmer" and the Simmer logo are trademarks of Baldwin Ventures LLC DBA Simmer AI. You may not use our trademarks without our prior written consent.

9. Third-Party Services

The Services may integrate with or link to third-party services (e.g., map providers, restaurant directories). These third-party services are subject to their own terms and privacy policies. We are not responsible for the practices or content of third-party services.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMMER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL SIMMER'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO SIMMER IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Simmer and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Termination

We may suspend or terminate your account and access to the Services at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties. Upon termination, all rights granted to you under these Terms will immediately cease. You may delete your account at any time from the app settings.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Services shall be subject to the exclusive jurisdiction of courts located in Delaware.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the app and updating the "Last updated" date above. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance.

16. Contact

For questions about these Terms, please contact us at [email protected].

Simmer AI is a product of Baldwin Ventures LLC, a Georgia Limited Liability Company.