Back to HomepageLast Updated: March 5, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and SimScore API ("SimScore", "we", "our", or "us") governing your access to and use of the SimScore API service, including any associated applications, websites, software, and services (collectively, the "Service").
By accessing or using the Service, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those changes.
3. Description of Service
SimScore API provides text similarity analysis services that calculate similarity scores between text inputs. The Service processes textual data to identify patterns, calculate centroid positions, and generate similarity metrics. THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON FOR ANY PURPOSE. ALL OUTPUTS AND RESULTS ARE PROVIDED WITHOUT ANY GUARANTEE OF ACCURACY, COMPLETENESS, OR RELIABILITY.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, for any or no reason, with or without notice, and without any obligation to you or any third party. We shall not be liable to you or to any third party for any modification, price change, suspension, degradation in quality or functionality, or discontinuation of the Service. The Service may contain bugs, errors, problems, or other limitations. We assume no liability or responsibility for any errors or omissions in the content of the Service.
4. Account Registration and Security
To access certain features of the Service, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. API Usage and Limitations
5.1 API Keys
Access to the SimScore API requires the use of API keys. You agree to keep your API keys secure and not to share them with unauthorized parties. You are responsible for all activities that occur using your API keys.
5.2 Rate Limits
The Service is subject to rate limits based on your subscription plan. Exceeding these limits may result in temporary or permanent suspension of your access to the Service. We reserve the right to modify these limits at any time.
5.3 Data Processing
YOU ACKNOWLEDGE AND AGREE THAT THE SIMSCORE API DOES NOT STORE ANY TEXT DATA SUBMITTED FOR SIMILARITY ANALYSIS. All text data is processed in real-time and is not retained on our systems after processing is complete. The SimScore organization may store client contact information, account details, and usage metrics separately from the API service.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF ANY DATA SUBMITTED TO THE SERVICE. You acknowledge that SimScore has no obligation to preserve or return any data submitted to the Service.
5.4 Usage Restrictions
You agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law
- Submit content that infringes on intellectual property rights, privacy rights, or other rights of third parties
- Use the Service to process sensitive personal information (e.g., health information, financial information) without appropriate safeguards
- Attempt to access, tamper with, or use non-public areas of the Service or our systems
- Probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures
- Interfere with, or attempt to interfere with, the access of any user, host, or network
- Resell, lease, or otherwise transfer your access to the Service without our prior written consent
6. Fees and Payment
6.1 Subscription Plans
Access to the Service may require payment of fees based on your selected subscription plan. All fees are exclusive of taxes unless stated otherwise.
6.2 Payment Terms
By providing a payment method, you authorize us to charge you for all fees associated with your subscription. If your payment method fails or your account is past due, we may restrict or suspend your access to the Service until payment is received.
6.3 Refunds
Except as required by law, all fees are non-refundable. No refunds or credits will be provided for partial months of service, downgrade refunds, or refunds for unused service time.
7. Intellectual Property Rights
7.1 Our Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of SimScore and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
7.2 API Inputs
You retain all rights in any text data you submit through the Service for similarity analysis. As stated in our Privacy Policy, the SimScore API does not store any of the text data you submit - all data processing occurs in real-time, and your submitted text data is not retained by our systems after processing is complete. Therefore, we do not claim any license to use, reproduce, modify, or distribute such content beyond the immediate processing required to provide you with similarity analysis results.
7.3 Feedback
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
SIMSCORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, SUITABILITY, AVAILABILITY, OR SECURITY OF THE SERVICE OR ANY CONTENT PROCESSED BY THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SERVICE OR ITS OUTPUTS WILL BE AT YOUR OWN RISK.
SIMSCORE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMSCORE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
c) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE;
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
e) SYSTEM FAILURES, MALFUNCTIONS, OR DOWNTIME OF THE SERVICE;
f) ERRORS, INACCURACIES, OR OMISSIONS IN THE RESULTS PROVIDED BY THE SERVICE;
g) DECISIONS MADE OR ACTIONS TAKEN BY YOU OR ANY THIRD PARTY BASED ON RESULTS PROVIDED BY THE SERVICE; OR
h) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED, WHETHER THE DAMAGES ARE FORESEEABLE OR NOT, AND WHETHER SIMSCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SIMSCORE'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU TO SIMSCORE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIFTY DOLLARS ($50.00 USD).
YOU EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT BETWEEN YOU AND SIMSCORE AND THAT SIMSCORE WOULD NOT OFFER THE SERVICE WITHOUT SUCH LIMITATIONS. BY USING THE SERVICE, YOU EXPRESSLY AGREE TO THESE LIMITATIONS OF LIABILITY AND REPRESENT THAT YOU ARE AUTHORIZED TO AGREE TO THESE LIMITATIONS UNDER APPLICABLE LAW.
10. Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SIMSCORE, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND SUCCESSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO:
a) Your access to or use of the Service, including any data or content transmitted or received by you;
b) Your violation of these Terms, including but not limited to your breach of any representations, warranties, or covenants made by you herein;
c) Your violation of any rights of a third party, including but not limited to any right of privacy, publicity, intellectual property rights, or confidentiality;
d) Your violation of any applicable laws, rules, or regulations;
e) Any content that is submitted via your account, including but not limited to misleading, false, or inaccurate information;
f) Your negligent or willful misconduct; or
g) Any other party's access and use of the Service with your unique username, password, or other appropriate security code.
SIMSCORE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF SIMSCORE. SIMSCORE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and SimScore shall be brought exclusively in the courts located in Toronto, Ontario, Canada.
13. Dispute Resolution
13.1 Mandatory Binding Arbitration
YOU AND SIMSCORE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE DETERMINED BY BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ARBITRATION MAY NOT BE JOINED WITH ANY OTHER PROCEEDING OR ARBITRATION.
13.2 Informal Resolution Prerequisite
Before initiating any arbitration, you agree to notify us in writing at legal@simscore-api.com and attempt in good faith to resolve the dispute informally for at least 30 days. If we cannot resolve the dispute within this time period, you or SimScore may initiate arbitration.
13.3 Arbitration Procedures
The arbitration will be administered by ADR Chambers pursuant to its Arbitration Rules. The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable ADR Chambers rules. The arbitrator shall be bound by the terms of these Terms and shall follow the applicable law. The arbitration proceedings shall be conducted in English and in Toronto, Ontario, unless otherwise agreed.
13.4 Class Action Waiver
YOU AND SIMSCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SimScore agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.5 Exceptions
Notwithstanding the foregoing, nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
13.6 Opt-Out Procedure
You have the right to opt out of this mandatory arbitration provision by notifying SimScore in writing within 30 days of accepting these Terms by sending an email to legal@simscore-api.com with the subject line "Arbitration Opt-Out" and including your name and address.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SimScore regarding the Service and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter.
16. Assumption of Risk and Release
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, REMISE, ACQUIT AND FOREVER DISCHARGE SIMSCORE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Email: simscore.info@gmail.com
