Last updated December 22, 2022
Subject to these terms for the applicable term of your subscription, the Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to: (a) download, install, register with, use, and access SAIMA and/or the Site for your personal use or internal business use on a computer owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms and SAIMA’s documentation; and (b) access, download, and use on such Device the services made available in or otherwise accessible through SAIMA, strictly in accordance with these Terms. You may extend said license to your Authorized Users and End Users, as applicable, and you are authorized to distribute single-user copies of SAIMA to each End User or Authorized User, as applicable, in accordance with the Terms. You represent and warrant that your Authorized Users or End Users, as applicable, acknowledge and accept these Terms, and you are responsible for the activities of your End Users or Authorized Users and their compliance with these Terms. SAIMA assumes no responsibility or liability for violations of these Terms by your Authorized Users or End Users, as the case may be.
You shall not: (a) copy SAIMA, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of SAIMA; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of SAIMA or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from SAIMA, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available SAIMA, or any content, features, or functionality of SAIMA, to any third party for any reason, including by making SAIMA available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized hereunder; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting SAIMA.
Reservation of Rights
You acknowledge and agree that SAIMA is provided under license, and not sold, to you. You do not acquire any ownership interest in SAIMA under these Terms, or any other rights thereto other than to use SAIMA in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to SAIMA, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Collection and Use of Your Information
We may from time to time in our sole discretion develop and provide application updates for SAIMA and/or otherwise make changes to all or parts of SAIMA and/or the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) SAIMA will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
We may or may not backup any or all content, features, functionalities, services, or aspects of SAIMA, including your settings; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Further, we reserve the right to in any way modify the content, features, functionality, status, settings, condition, and/or other features of SAIMA for a user at any time, for any period, in our sole discretion, with or without reason or cause, and without notice.
You shall promptly download and install all Updates and acknowledge and agree that SAIMA or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of SAIMA and be subject to all terms and conditions of these Terms.
Integrating with Third Parties
Accessing SAIMA and Account Security
You acknowledge and accept that certain content, features, functionality, and/or services of SAIMA may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of SAIMA may be available subject to payment by you.
We reserve the right to withdraw or change SAIMA, and any content, features, functionality, and services we provide on SAIMA, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of SAIMA is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of SAIMA at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of SAIMA, to users, including registered users.
Intellectual Property Rights
SAIMA, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into SAIMA and/or the Site, and the client and server software, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that you have no rights or title in or to any content that appears in SAIMA and/or the Site, including any virtual goods or currency appearing or originating in SAIMA and any other attributes associated with your access and use of SAIMA or stored on SAIMA’s server. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.
To the extent you send or transmit any communications, comments, questions, or suggestions, or related materials to SAIMA, whether by letter, e-mail, telephone, or otherwise, whether originating from you, your End User or Authorized User, suggesting or recommending changes to SAIMA including, without limitation, new features or functionality relating thereto (“Feedback”), you hereby fully and exclusively assign to us any such Feedback upon creation. For any rights to such Feedback that cannot be assigned, you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully-transferable, worldwide license (with rights to sublicense through multiple tiers of sublicensing) under your and your licensors’ intellectual property rights to reproduce, prepare derivative works of, distribute, perform, display, and otherwise fully use, practice and exploit such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that SAIMA is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on SAIMA, except as follows: (i) your Device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Device for display enhancement purposes. For the avoidance of doubt, the limitations in this paragraph do not pertain to the content created using certain features of SAIMA, if SAIMA makes available such features to you (“Your Content”).
You must not: (i) modify copies of any materials from SAIMA; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
The Company name, the names and application icons of SAIMA, the Company and SAIMA logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use any of the foregoing without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on SAIMA are the trademarks of their respective owners.
Your Obligations and Prohibited Uses
You agree not to use SAIMA or the Site:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or to circumvent any law, regulation or investigation;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of SAIMA or the Site, or which, as determined by us, may harm the Company or users of SAIMA or the Site or expose them to liability.
Additionally, you agree not to:
Use SAIMA in any manner that could disable, overburden, damage, or impair SAIMA or interfere with any other party’s use of SAIMA, including their ability to engage in real time activities through SAIMA;
Use any robot, spider or other automatic device, process or means to access SAIMA for any purpose, including monitoring or copying any of the material on SAIMA;
Use any manual process to monitor or copy any of the material on SAIMA or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of SAIMA;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of SAIMA, the server on which SAIMA is stored, or any server, computer, Device, or database connected to SAIMA;
Attack SAIMA via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper working of SAIMA;
Reliance on Information Posted
The information presented on or through SAIMA and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of SAIMA and/or the Site, or by anyone who may be informed of any of its contents.
Third-Party Materials and Links
SAIMA and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to SAIMA and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions and privacy policies.
Purchases and Payments
SAIMA will be provided according to the subscription plan level you select. For an enterprise license, you may contact Company separately. You may opt to upgrade or downgrade to any other plan level that Company offers at any time during the period of your plan; provided that a downgrade will not be effective until the next renewal date.
Additional in-app purchases, when and if available, within SAIMA will be added to your subscription, and you will be charged a fee and any applicable tax. You agree to pay Company or Company’s authorized reseller, as applicable, all fees. Fees will be billed by our authorized resellers or our third party payment provider to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. Unless you have purchased SAIMA through an authorized reseller You acknowledge and agree that Company or its third party payment provider will automatically charge your credit card or other payment account on record with Company in connection with your use of SAIMA: in advance of each subscription term and at the time of purchase for any additional in-app purchases, when and if available, you make during the subscription term. Enterprise billing will be as agreed upon in writing by you and SAIMA or Company’s authorized reseller, as applicable. Subscriptions will be automatically-renew for the same term as the initial term, as set forth in the Term; Cancellation and Refund Section below. You represent and warrant to the Company that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received by Company or Company’s authorized reseller or cannot be charged to your credit card or other payment account for any reason, Company reserves the right to either suspend or terminate your access to SAIMA and terminate this Agreement. All fees are non-refundable, except as expressly stated otherwise in this Agreement.
You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when Company has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Company or Company’s authorized reseller, as applicable. If all or any part of any payment owed to Company under these Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to Company of the amounts otherwise payable under these Terms. Company may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. Company will provide written notice to you (or, if you have purchased through an authorized reseller, notice to the reseller) for any changes to the fees that affect the SAIMA subscription purchased by you. Your continued use of SAIMA after the price change becomes effective constitutes your agreement to pay the changed amount.
SAIMA may offer rewards to users, in the form of credits or other forms, based on their actions on SAIMA and in accordance with SAIMA policies.
Term; Cancellation and Refund
The term of your subscription to SAIMA will automatically renew for successive terms equal in duration to the initial subscription term unless you cancel in advance of the renewal date by following the instructions in your account. If you do not cancel in advance of the renewal date, you will be charged applicable fees and taxes and such fees and taxes are non-refundable.
Subject to earlier termination as provided below, Company may terminate your account and these Terms at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies Company may have, Company may also terminate this Agreement upon ten (10) days’ notice (or two (2) days in the case of nonpayment to Company or Company’s authorized reseller, as applicable), if you breach any of the terms or conditions of these Terms.
All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Upon the termination of these Terms for any reason: (i) the licenses granted under these Terms for SAIMA shall immediately terminate and you, your End Users or Authorized Users, as applicable, shall cease use of SAIMA; (ii) Company will cease providing SAIMA to you; and (iii) you shall pay to Company or Company’s authorized reseller, as applicable, the full amount of any outstanding fees due hereunder. No fees are refundable upon termination of these Terms for any reason.
DISCLAIMER OF WARRANTIES
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SAIMA OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.
YOUR USE OF SAIMA, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA IS AT YOUR OWN RISK. SAIMA, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO SAIMA, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SAIMA, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH SAIMA, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT SAIMA OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SAIMA OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SAIMA, ANY SITES LINKED TO IT, ANY CONTENT ON SAIMA OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA OR SUCH OTHER SITES OR SUCH OTHER PAGES. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO SAIMA OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF SAIMA. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU OR COMPANY’S AUTHORIZED RESELLER, AS APPLICABLE, DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SAIMA may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release SAIMA to, or make SAIMA accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making SAIMA available outside the US.
US Government Rights
SAIMA is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Waiver and Severability
Your Comments and Concerns
SAIMA is operated by SAIMA, Inc., a Delaware corporation with an address at 2150 Shattuck Ave, Penthouse 1300, Berkeley, CA 94704.
All other feedback, comments, requests for technical support and other communications relating to SAIMA should be directed to: email@example.com.