Terms of Service

§ 1 Scope and Contracting Parties

1.1 Provider

These Terms of Service (hereinafter "Terms") apply to the use of the Software-as-a-Service platform "Symulate" (hereinafter "Platform" or "Service") operated by Emilio Irmscher, Max-Saupe-Straße 41, 09131 Chemnitz, Deutschland (hereinafter "Provider" or "we").

1.2 B2B Only

These Terms apply exclusively to businesses (entrepreneurs within the meaning of § 14 German Civil Code), legal entities under public law, or special funds under public law (hereinafter "Customer" or "you"). The Platform is not intended for consumers within the meaning of § 13 German Civil Code.

1.3 Deviating Terms

Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This consent requirement applies in any case, even if we provide the service without reservation with knowledge of the Customer's terms and conditions.

§ 2 Subject Matter and Scope of Services

2.1 Service Description

Symulate is a cloud-based software platform that enables developers to create and manage AI-powered mock APIs for frontend development. The Platform includes:

• Creation of mock endpoints via schema definition
• AI-powered generation of realistic test data
• Offline mode with Faker.js integration
• Caching functions for generated data
• Management of organizations, projects, and teams
• API key management
• CLI tools for local development

2.2 Availability

We strive to ensure Platform availability of 99.5% on average per year. This excludes maintenance work, force majeure, and disruptions beyond our control (e.g., third-party failures, DDoS attacks).

2.3 Service Modifications

We reserve the right to expand, modify, or restrict the Platform's functionality, provided this is reasonable for you and we have legitimate interests (e.g., technical development, security improvements, legal requirements).

§ 3 Contract Formation and Registration

3.1 Registration

Use of the Platform requires registration. By registering, you make a binding offer to conclude a usage agreement. We accept this offer by activating your account.

3.2 Accurate Information

You are obligated to provide truthful, complete, and current information during registration. You agree to promptly update any changes in your account.

3.3 Access Protection

You are obligated to treat your access credentials confidentially and protect them from third-party access. If you suspect unauthorized use, you must immediately inform us and change your password.

§ 4 Prices, Payment Terms, and Subscriptions

4.1 Prices and Payment Methods

The prices displayed on the Platform at the time of ordering apply. All prices are exclusive of statutory VAT. Payment is made through our payment service provider Stripe via credit card, SEPA direct debit, or other offered payment methods.

4.2 Billing Model

Billing occurs according to the selected plan:

• Free Tier: Free with limited functionality
• Paid Plans: Monthly or annual billing in advance
• Token-based Usage: Consumption-based billing for AI-generated mock data

4.3 Payment Default

In case of payment default, we are entitled to suspend Platform access after an unsuccessful reminder. Statutory default interest remains unaffected.

4.4 Price Adjustments

We reserve the right to adjust prices for existing contracts with at least 6 weeks' notice. You have the right to terminate the contract upon price increases at the time the price change takes effect.

§ 5 Contract Duration and Termination

5.1 Duration for Free Accounts

The contract for free accounts runs indefinitely and can be terminated by either party at any time without notice.

5.2 Duration for Paid Plans

For monthly billed plans, the minimum term is one month. The contract automatically renews for one additional month unless terminated with 7 days' notice before the end of the term.

For annually billed plans, the minimum term is one year. The contract automatically renews for one additional year unless terminated with 30 days' notice before the end of the term.

5.3 Form of Termination

Termination must be in text form (email to support@symulate.dev) or through Platform settings.

5.4 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular:

• Violation of § 6 (Customer Obligations)
• Payment default exceeding 30 days
• Platform abuse
• Endangering system security or other customers

5.5 Consequences of Termination

After contract termination, your account will be deactivated. You have the option to export your data before cancellation. After 30 days, all your data will be irrevocably deleted.

§ 6 Customer Obligations and Duties

6.1 Lawful Use

You agree to use the Platform exclusively lawfully and in accordance with these Terms. In particular, it is prohibited to:

• Violate third-party rights (copyrights, trademarks, data protection rights)
• Use the Platform to distribute illegal content
• Impair the security and availability of the Platform
• Perform reverse engineering, decompilation, or disassembly of the software
• Deploy automated systems (bots, scrapers) without our consent
• Bypass or abuse API rate limits

6.2 Data Backup

You are responsible for backing up your data created via the Platform. We recommend regular use of the export function.

6.3 Cooperation Duties

You support us in troubleshooting and ensuring security, particularly through immediate reporting of disruptions and security issues.

§ 7 Content Rights and Intellectual Property

7.1 Provider Rights

All rights to the Platform, including design, software, databases, and documentation, belong to the Provider or its licensors. You receive only a non-exclusive, non-transferable usage right limited to the contract duration.

7.2 Your Content

You retain all rights to data, schema definitions, and generated mock data you input. However, you grant us the right to process this data to provide our services.

7.3 AI-Generated Content

Mock data generated via AI is subject to our AI provider's terms of use (OpenAI). You receive a non-exclusive license to use the generated data within your development projects.

§ 8 Data Protection and Processing

8.1 Privacy

Processing of personal data occurs according to our Privacy Policy, available at https://platform.symulate.dev/privacy.

8.2 Data Processing Agreement

Where we process personal data on your behalf, we act as a data processor within the meaning of Art. 28 GDPR. Details are governed by a separate Data Processing Agreement (DPA) provided upon request.

8.3 Subprocessors

We are authorized to engage the following subprocessors for data processing:

• Supabase (EU): Database and hosting
• Stripe (EU/USA): Payment processing
• OpenAI (USA): AI-powered data generation
• Resend: Transactional emails

Data protection-compliant contracts have been concluded with all subprocessors.

§ 9 Warranty and Liability

9.1 Defects

We warrant that the Platform provides the functions specified in the service description. No warranty claim exists for immaterial defects.

9.2 Limitation of Liability

We are liable without limitation for damages from injury to life, body, or health, in cases of intent and gross negligence, and under Product Liability Act.

For slightly negligent breach of essential contractual obligations (cardinal duties), our liability is limited to typical, foreseeable damage. Essential contractual obligations are those whose fulfillment enables proper contract performance and on whose compliance you regularly rely.

Otherwise, our liability is excluded. This applies in particular to:

• Data loss that could have been prevented through regular backups
• Damages caused by third-party providers (e.g., OpenAI, Stripe, Supabase)
• Indirect damages, lost profits, and consequential damages
• Interruptions or slowdowns due to force majeure or events beyond our control

9.3 Indemnification

You agree to indemnify us from all third-party claims arising from your use of the Platform or breach of these Terms. This includes reasonable legal defense costs.

§ 10 Confidentiality

10.1 Confidential Information

Both parties agree to treat all confidential information disclosed during the contractual relationship confidentially and use it only for contract fulfillment.

10.2 Exceptions

This obligation does not apply to information that:

• Is or becomes publicly known without breach of this agreement
• Was lawfully received from third parties without confidentiality obligations
• Was already known at the time of disclosure
• Must be disclosed due to legal or regulatory requirements

§ 11 References

11.1 Reference Customer

We are entitled to list you as a reference customer with company name and logo on our website and marketing materials, unless you expressly object.

§ 12 Final Provisions

12.1 Applicable Law

These Terms are exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Chemnitz, provided the Customer is a merchant, legal entity under public law, or special fund under public law.

12.3 Amendments to Terms

We reserve the right to amend these Terms with 6 weeks' notice. If you do not object to the amendment within 4 weeks of receiving notification, the amended Terms are deemed accepted. We will specifically draw your attention to the significance of this period in the amendment notification.

12.4 Severability Clause

If individual provisions of these Terms are or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

12.5 Assignment

You are not entitled to assign rights and obligations from this contract to third parties without our prior written consent.

12.6 Written Form

Amendments and supplements to these Terms require written form. This also applies to waiving the written form requirement.