Simola - The Smartest Way to Automate Form Submissions

1. Definitions

"Service" refers to the Simola platform, website, APIs, associated tools, and any other services offered by Simola.
"User" or "you" means any individual, entity, or organization, and their agents, who accesses or uses the Service in any manner. This includes, but is not limited to, registered account holders, individuals browsing the public-facing portions of the website, and any party accessing the Service through an API or other means, whether such access is authorized or not.
"User Data" means all data, information, content, and materials that you provide, upload, submit, or create within the Service, including but not limited to configuration settings, simulation data (such as CSV files), and simulation results.

2. Privacy

Your privacy is paramount to us. Our Privacy Policy is incorporated by reference and forms an integral part of these Terms. This policy details how we collect, use, and protect your personal information and data. By agreeing to these Terms of Service, you are also explicitly agreeing to the practices and commitments outlined in our Privacy Policy. Please review it thoroughly.

3. User Accounts & Security

3.1. Account Registration

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information up-to-date.

3.2. Account Security

You are responsible for safeguarding your password and any other credentials used to access your account. You agree not to disclose your password to any third party. You must notify us immediately of any breach of security or unauthorized use of your account.

3.3. User Responsibility

You accept full responsibility for all activities that occur under your account, whether or not you have authorized them. Sharing an account with other individuals is strictly prohibited. Any failure to comply with this section constitutes a material breach of these Terms.

3.4. Age Requirement

You must be at least 18 years of age and legally capable of entering into a binding contract to create an account.

4. The Service & Intended Use

Simola provides a "Software as a Service" (SaaS) platform designed for web form automation and testing. The Service enables users to perform automation that interacts with the web forms to simulate data submissions under variable traffic conditions across geography and devices.

The Service is provided for the sole and express purpose of enabling you to conduct testing and automation on web applications, forms, and systems that you own or for which you have secured explicit, verifiable, and legally binding authorization to access and test. You are solely responsible for ensuring the scope and validity of such authorization. This includes, but is not limited to, ensuring that any load testing, stress testing, or other high-volume simulations are conducted within the specific limits expressly permitted by the system owner. You represent and warrant that you are the owner of any system you target with the Service, or that you possess and can produce upon request, written authorization from the legal owner of the system. Use of the Service for any other purpose, including but not limited to any illegal or malicious activities, or targeting systems for which you do not have explicit permission, is a material breach of these Terms and is strictly prohibited.

You are solely responsible and liable for any and all consequences arising from your use of the Service. The Service is not guaranteed to find all errors or vulnerabilities, and you are responsible for any damage to systems or data that may result from your configured tests and automations.

4.1. Geo-Location, Fallback, and Disclaimers

The Service offers geo-distributed simulations from a global network. You acknowledge that the availability of specific locations (city, state, or country) is provided on an "as available" basis and is not guaranteed. When you provide geographic data for a simulation, you acknowledge and agree to the following:

Fallback Logic & User Configuration:
By default, the Service applies following fallback logic.

The Service will first attempt to execute the simulation from the city you specify.
If a city-level simulation is not possible for any reason, the Service will automatically attempt the simulation from the state you specify.
If the state-level simulation is also not possible, it will then attempt the simulation from the country you specify.

This fallback simulation behavior is "City or State or Country" and you agree to pay for the simulation in accordance with our pricing and terms of service, regardless of the geographic level (city, state, or country) at which it is ultimately executed. If you explicitly configure your simulation as either "City Only", or "City or State", in those cases, if the specified and applicable geographic level is not possible, then the simulation will not be executed.

Proxy Location and Liability: The Service utilizes third-party proxy providers to supply geo-located IPs. Simola does not control and is not responsible or liable for the accuracy of the geographic location data (city, state, and country) of the proxy IPs. You acknowledge and agree that the actual location of the proxy IP used for your simulation may not exactly match the location you specified. You agree to pay for the simulation irrespective of whether your specified city, state, and country matches the city, state, and country reported for the proxy IP used.

Data Accuracy: You remain solely responsible for providing accurate and correctly formatted simulation data (including but not limited to geographic data) in your simulation request. Simola is not responsible or liable for any simulation failures, incorrect executions, or fallback behaviors that result from inaccurate, incomplete, or improperly formatted simulation data provided by you. You will be billed in accordance with the service logic and disclaimers described herein, based on the data you provide.

5. User Data: Ownership & License

5.1. Your Ownership of User Data

You retain all rights, title, and interest in and to your User Data. We do not claim any ownership over your User Data.

5.2. License to Provide the Service

To enable us to provide the Service, you grant Simola a limited, worldwide, non-exclusive, royalty-free, sublicensable license to use, process, store, reproduce, and transmit your User Data. This license is strictly limited to the purpose of providing, maintaining, and improving the Service for you, and to fulfilling our obligations under these Terms. This license allows us to, for example, run your configured automations and store your results. Our use of sub-processors for this purpose is governed by our Privacy Policy. This license terminates upon the deletion of your User Data or the termination of your account.

5.3. License for Aggregated and Anonymized Data

You grant Simola a perpetual, irrevocable, worldwide, royalty-free license to create and use Aggregated and Anonymized Data for our business purposes, including to analyze and improve the Service, develop new products, and for industry benchmarking. "Aggregated and Anonymized Data" refers to User Data that has been stripped of all personally identifiable information and combined with other data so that it cannot be used to identify you or any other individual. For clarity, we will never publicly disclose your specific User Data or configurations.

6. User Responsibilities & Acceptable Use

This section defines your responsibilities and the acceptable use of the Simola Service. You are solely responsible for your use of Service, your conduct, your User Data, and your compliance with these terms. Any violation of this section constitutes a material breach of this Agreement and may lead to the immediate suspension or termination of your account.

6.1. General Warranties

By using the Service, you represent and warrant that:

Your use of the Service will comply with all applicable local, state, national, and international laws, regulations, and ordinances.
Your User Data is accurate, lawful, and does not infringe upon or violate any third-party rights (including intellectual property, privacy, or publicity rights).
You have all necessary rights, permissions, and lawful bases (e.g., consent) to upload, process, and use your User Data in connection with the Service, especially if it contains any personal or sensitive information.

6.2. Prohibited Activities

You agree not to, and not to permit any third party to, use the Service to:

Target Unauthorized Systems: Conduct any testing or automation on any system, application, or web form that you do not own or for which you do not have explicit, verifiable, and legally binding authorization.
Engage in Malicious or Disruptive Conduct: Harass any party, submit "spam," or conduct any activity that could be reasonably interpreted as a denial-of-service (DoS) attack, "form-bombing," stress testing beyond authorized limits, or other disruptive action against any web property.
Impersonate or Defraud: Impersonate real individuals, misrepresent your identity or affiliation with any person or entity, or engage in any fraudulent activity.
Scrape Data: Use the Service for general-purpose data scraping or data extraction that is not directly related to the testing and validation of web form functionality.
Transmit Objectionable Content: Upload, post, or transmit any User Data that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
Introduce Malicious Code: Upload or introduce any virus, worm, Trojan horse, or other malicious code to the Service or any target system.
Interfere with the Service: Interfere with or disrupt the integrity or performance of the Service or its infrastructure, or attempt to bypass any usage limits or restrictions we may place on your account.
Reverse Engineer: Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Service.
Unauthorized Access to the Service: Use any robot, spider, scraper, or other automated means to access, monitor, or copy any part of the Simola Service itself (our platform, APIs, and website), or to bypass our robot exclusion headers (e.g., a `robots.txt` file), without our express written permission.
Violate Security: Violate or attempt to violate any security or authentication measures of the Service or any target system.
General Prohibition: Attempt to do any of the foregoing, or encourage, assist, or permit any third party to engage in any of the activities prohibited under these Terms.

6.3. Right to Investigate and Enforce

We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section 6 or any other provision of these Terms. In connection with any such investigation, we may, in our sole discretion, issue warnings, suspend or terminate your access to the Service, remove or refuse to process any User Data, or take any other action we deem appropriate, without prior notice to you.

7. Fees, Payments, and Wallet

7.1. Fees and Pricing

You agree to pay all applicable fees for the Service as described on our official pricing page or in a separate written agreement with Simola. All fees & prices are quoted in U.S. Dollars unless otherwise specified and are exclusive of all applicable federal, state, local, or international taxes, levies, or duties ("Taxes").

7.2. Pricing Changes

Simola reserves the right, at its sole discretion, to modify its pricing at any time and without notice. Any price change will become effective immediately upon being posted to our pricing page. Such changes will only apply to new service requests or new purchases of service credits made after the time of the change; they will not affect the value of service credits already in your Wallet.

7.3. Payment and Taxes

We use third-party payment processors (e.g., Stripe, Razorpay) to handle financial transactions. By providing a payment method, you authorize us and our processors to charge you and agree to keep your payment information current. You are solely responsible for the payment of applicable fee and all applicable federal, state, local, or international taxes, levies, or duties ("Taxes"). Should a payment fail, we reserve the right to suspend your access to the Service until payment is successfully received.

7.4. Wallet and Service Credits

The Service operates on a pre-paid "Wallet" system where you purchase Service Credits. Service credits are an advance payment for services; they have no cash value, are non-refundable, are non-redeemable and are non-transferable. The balance in your Wallet is used to pay for the Service Requests you initiate.

7.5. No Refunds

All payments are final. Except as required by law or at our sole discretion, payments made to Simola are non-refundable.

7.6. Forfeiture of Service Credits

To the extent permitted by applicable law, any unutilized Service Credits in an account that has been inactive (i.e., has not logged in or initiated any Service Request) for a period of one hundred eighty (180) consecutive days will be forfeited. Simola will endeavor to provide a courtesy email notification to the registered email address thirty (30) days prior to forfeiture, but shall not be liable for any failure to deliver such notice.

8. Simulation Timing and Execution

Simola will employ commercially reasonable efforts to execute simulations within the time windows specified by the User. However, the User acknowledges and agrees that the precise timing of simulation execution is not guaranteed and that time is not of the essence for the delivery of the Service.

Delays, postponements, or failures in simulation execution may arise from various factors. Such factors include, without limitation:

a) Insufficient balance in the User's wallet, resulting in the failure of simulations;
b) The necessity for manual intervention by the User to address complex or non-standard simulation requirements;
c) System-initiated retries following one or more unsuccessful execution attempts; and
d) Other operational or technical factors, particularly those beyond the reasonable control of the Service. These factors include, but are not limited to:
- i. Failures, latency, or unavailability of third-party services upon which the Service depends;
- ii. The User's specific configurations for the simulation campaign; and
- iii. The inherent complexity, runtime behavior, stability, or accessibility of the target landing page and its associated forms before, during, or after the simulation attempt.

Simola will not be held liable for any claims, damages, or loss of opportunity arising from delays or failures in simulation execution caused by any of the aforementioned factors.

9. Intellectual Property

9.1. Simola's Intellectual Property

Excluding your User Data, the Service and all materials therein, including, without limitation, software, source code, APIs, text, graphics, logos, patents, trademarks, service marks, and copyrights (collectively, "Simola IP"), are the exclusive property of Simola and its licensors. The Simola IP is protected by the intellectual property laws of the United States and international jurisdictions. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights.

9.2. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service for your internal business purposes, solely as expressly permitted by the features of the Service and these Terms.

9.3. Feedback

If you provide us with any feedback, comments, or suggestions regarding the Service ("Feedback"), you hereby assign to us all right, title, and interest in such Feedback. You agree that Simola is free to use, disclose, reproduce, and otherwise exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

9.4. Trademarks

The Simola name, logos, and any product or service names, slogans, or other identifiers that may appear on the Service are trademarks of Simola and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

10. Term & Termination

10.1. Term

These Terms become effective when you create an account and will remain in effect until terminated.

10.2. Termination by You

You may terminate these Terms at any time by deleting your account through the Service's interface or by contacting us.

10.3. Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to a breach of these Terms (especially the "Acceptable Use" policy in Section 6).

10.4. Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will purge your User Data in accordance with our Privacy Policy's data retention schedule (90 days). All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 8), disclaimers (Section 10), liability limitations (Section 11), and indemnification (Section 12).

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMOLA, ITS AFFILIATES, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMOLA, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(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 USER DATA OBTAINED FROM THE SERVICE;
(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER DATA; OR
(E) ANY DELAY, LATENCY, OR INTERRUPTION IN THE PROVISION, PERFORMANCE, OR OPERATION OF THE SERVICE, REGARDLESS OF THE CAUSE.

FURTHERMORE, YOU ACKNOWLEDGE THAT ANY TIMELINES, PERFORMANCE BENCHMARKS, OR ESTIMATES PROVIDED BY SIMOLA ARE ESTIMATES ONLY AND ARE NOT GUARANTEES. SIMOLA EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM ANY DELAY IN SERVICE, AND YOU AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND, CREDIT, OR OTHER COMPENSATION FOR ANY SUCH DELAYS.

IN NO EVENT SHALL SIMOLA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO SIMOLA FOR THE USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Simola and its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

(a) Your use of and access to the Service;
(b) Your violation of any term of these Terms;
(c) Your User Data, including any claim that your User Data infringes or violates any third-party right; or
(d) Your violation of any applicable law, rule, or regulation.

14. Changes to These Terms

We reserve the right, in our sole discretion, to modify these Terms at any time to reflect changes in our business practices, service offerings, or as required by applicable laws and regulations. When we make changes, we will post the revised Terms on this page and update the "Last Updated" date. For changes we deem material, notice will be provided by posting the updated Terms on this page at least 30 days before they take effect. As a courtesy, we may also send a notification for material changes to the email address associated with your account, but we are not obligated to do so and shall not be liable for any failure to send or deliver such notice. It is your sole responsibility to review this page periodically for updates. Your continued use of the Service after the effective date (30 days after the "Last Updated" date of the Terms) of any modifications constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using the Service and close your account.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Mandatory Arbitration of Disputes: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Simola agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Simola are each waiving the right to a trial by jury or to participate in a class action.

Class Action Waiver: YOU AND SIMOLA 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.

As an exception to the foregoing, (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In the event that arbitration is for any reason held to be inapplicable or unenforceable, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

16. General Provisions

16.1. Entire Agreement

These Terms and our Privacy Policy constitute the entire and exclusive agreement between you and Simola regarding the Service, and supersede all prior agreements.

16.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms.

17. Force Majeure

Simola will not be liable for any delay or failure to perform any of its obligations under these Terms if the delay or failure is due to causes beyond its reasonable control. Such causes include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Contact Us

If you have any questions about these Terms, please contact us at: contact@simola.io

Terms of Service