Terms of Service

Effective Date: December 28, 2025

Last Updated: December 28, 2025

1. Introduction and Acceptance

Welcome to Psympl®. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Psympl Inc. ("Psympl®", "Company", "we", "us", "our"), governing your access to and use of the Psympl® platform, including but not limited to our website at Psympl®.ai, our web application at app.Psympl®.ai, mobile applications, APIs, browser extensions, and all related services (collectively, the "Service" or "Platform").

By accessing or using our Service, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any other policies referenced herein. If you are accepting these Terms on behalf of a company, organization, or other legal entity ("Organization"), you represent and warrant that you have the authority to bind such Organization to these Terms, and "you" and "your" shall refer to such Organization.

If you do not wish to agree to these terms, please do not use the service.

2. Definitions

For the purposes of these Terms:

- "Account" means a unique account created for you to access our Service.

- "Authorized Users" means individuals authorized by you to access and use the Service under your Account.

- "Company" refers to Psympl Inc., located at 3931 Bennett Road, Morrow, OH 45152, United States.

- "Consumer Data" means proprietary psychographic, demographic, and behavioral research data provided through the Service.

- "Content" means any information, data, text, graphics, images, or other materials uploaded, downloaded, or appearing on the Service.

- "Customer Data" means data you upload, submit, or transmit to the Service.

- "Intellectual Property" means patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights.

- "Platform" means the Psympl® web application, APIs, browser extensions, mobile applications, and associated services.

- "Seat" means a single user license entitling one Authorized User to access the Service.

- "Subscription" means your paid access to the Service under a subscription plan.

- "Third-Party Services" means external services, applications, or integrations connected to or used with the Service.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must:

(a) Be at least 18 years of age or the age of legal majority in your jurisdiction;

(b) Have the legal capacity to enter into a binding agreement;

(c) Not be prohibited from using the Service under applicable laws;

(d) If representing an Organization, have authority to bind that Organization.

3.2 Account Creation

To access certain features, you must register for an Account by providing accurate, current, and complete information including:

- First and last name

- Valid email address

- Phone number (optional)

- Mailing address

- Company information (for business accounts)

- Job title and department (for business accounts)

You agree to:

(a) Maintain and promptly update your Account information;

(b) Keep your password confidential and secure;

(c) Accept responsibility for all activities under your Account;

(d) Notify us immediately of any unauthorized access or security breach;

(e) Not share Account credentials with unauthorized parties.

3.3 Account Verification

We may require email verification, phone verification, or additional identity verification before activating your Account. We reserve the right to suspend or terminate Accounts that fail verification or provide false information.

4. The Service

4.1 Service Description

Psympl® is a software-as-a-service (SaaS) platform providing:

(a) Psymplifier™ - AI-powered content generation using psychographic segmentation;

(b) Consumer Console™ - Research analytics and statistical significance analysis;

(c) Motivation Decoder™ - Consumer assessment and segmentation tools;

(d) Financial Data Sets - Access to proprietary research data;

(e) API Access - Programmatic access to platform features and data;

(f) RAG-powered AI Assistant - Document analysis and intelligent querying;

(g) Campaign Management - Multi-campaign tracking and participant management.

4.2 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

(a) Scheduled maintenance (with reasonable advance notice when possible);

(b) Emergency maintenance or security updates;

(c) Circumstances beyond our reasonable control;

(d) Third-party service outages.

4.3 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. For material changes that negatively affect your use:

(a) We will provide at least 30 days' notice for paid subscribers;

(b) You may terminate your Subscription if you do not accept changes;

(c) Continued use after changes constitutes acceptance.

5. Subscription and Payment Terms

5.1 Subscription Plans

The Service is offered through various subscription plans including:

(a) Monthly subscriptions - Billed on a recurring monthly basis;

(b) Annual subscriptions - Billed annually with potential discounts;

(c) Seat-based licensing - Pricing based on number of Authorized Users;

(d) Enterprise plans - Custom pricing for large organizations;

(e) API access tiers - Usage-based or tiered API access.

5.2 Payment Terms

(a) All fees are quoted and payable in United States Dollars (USD);

(b) Payment is due upon subscription activation and on each renewal date;

(c) We accept major credit cards and other payment methods as displayed;

(d) All fees are exclusive of applicable taxes unless stated otherwise;

(e) You are responsible for all applicable taxes, duties, and levies.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless:

(a) You cancel before the renewal date;

(b) We terminate your Subscription;

(c) You downgrade to a different plan.

5.4 Price Changes

We may change Subscription fees upon 30 days' notice. Price changes take effect at the next renewal period. If you do not agree to price changes, you may cancel before the renewal date.

5.5 Seat Management

For seat-based subscriptions:

(a) Each Seat is assigned to one Authorized User;

(b) Seats may not be shared simultaneously between users;

(c) You may reassign Seats to different users as needed;

(d) Adding Seats during a billing period will be prorated;

(e) Unused Seats are not refundable or transferable to future periods.

6. Cancellation and Refunds

Please refer to our separate Subscription and Cancellation Policy for detailed information regarding:

(a) Cancellation procedures;

(b) Refund eligibility and conditions;

(c) Prorated credits;

(d) Account termination effects.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use the Service solely for:

(a) Lawful business purposes consistent with these Terms;

(b) Accessing and analyzing Consumer Data within your Subscription scope;

(c) Creating content and insights using platform tools;

(d) Managing authorized campaigns and participants;

(e) Integrating with approved Third-Party Services via our APIs.

7.2 Prohibited Conduct

You agree NOT to:

(a) Violations of Law and Rights:

- Violate any applicable laws, regulations, or third-party rights;

- Infringe upon intellectual property rights of others;

- Engage in fraudulent, deceptive, or misleading practices;

- Facilitate illegal activities or transactions.

(b) Technical Abuse:

- Attempt to gain unauthorized access to the Service or systems;

- Introduce malware, viruses, or other harmful code;

- Interfere with or disrupt the Service or servers;

- Circumvent security measures or access controls;

- Engage in excessive API calls or denial-of-service attacks;

- Scrape, data mine, or extract data through automated means without authorization;

- Reverse engineer, decompile, or disassemble the Service.

(c) Misuse of Data:

- Use Consumer Data for purposes other than permitted under your Subscription;

- Attempt to re-identify anonymized or aggregated data;

- Share, sell, or redistribute Consumer Data without authorization;

- Use data for unlawful discrimination or targeting;

- Violate privacy rights of individuals.

(d) Account Abuse:

- Create multiple Accounts to circumvent limitations;

- Share Account credentials with unauthorized users;

- Transfer or assign your Account without our consent;

- Impersonate any person or entity;

- Misrepresent your affiliation with any organization.

(e) Content Violations:

- Upload harmful, offensive, or illegal content;

- Transmit spam or unsolicited communications;

- Post false, misleading, or defamatory content;

- Infringe on others' privacy or publicity rights.

7.3 Enforcement

Violation of this Acceptable Use Policy may result in:

(a) Warning and request for corrective action;

(b) Temporary suspension of access;

(c) Permanent termination of Account;

(d) Legal action and pursuit of damages;

(e) Reporting to law enforcement authorities.

8. Intellectual Property Rights

8.1 Psympl® Intellectual Property

Psympl® and its licensors own all rights, title, and interest in:

(a) The Service, including all software, algorithms, and technology;

(b) Consumer Data, research methodologies, and segmentation models;

(c) Psympl® trademarks, logos, and brand elements;

(d) Documentation, training materials, and content we create;

(e) All improvements, modifications, and derivative works of the foregoing.

Nothing in these Terms grants you any right to use Psympl®'s trademarks or brand elements without prior written consent.

8.2 License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, Psympl® grants you a limited, non-exclusive, non-transferable, revocable license to:

(a) Access and use the Service for your internal business purposes;

(b) Access Consumer Data within the scope of your Subscription;

(c) Use our APIs in accordance with API documentation and terms;

(d) Create derivative works using outputs generated through the Service.

8.3 Your Content and Data

(a) You retain ownership of Customer Data you upload to the Service;

(b) You grant Psympl® a license to process Customer Data as necessary to provide the Service;

(c) You are responsible for ensuring you have rights to any content you upload;

(d) You grant us the right to use anonymized, aggregated data for Service improvement.

8.4 Feedback and Suggestions

Any feedback, ideas, or suggestions you provide regarding the Service:

(a) Become the sole property of Psympl®;

(b) May be used by us without compensation or attribution;

(c) Are not confidential unless agreed otherwise in writing.

9. Data Privacy and Security

9.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

9.2 Data Security

We implement industry-standard security measures including:

(a) Encryption of data in transit and at rest;

(b) Access controls and authentication requirements;

(c) Regular security assessments and monitoring;

(d) Incident response procedures.

9.3 Your Security Responsibilities

You are responsible for:

(a) Maintaining the security of your Account credentials;

(b) Properly configuring API access and permissions;

(c) Reporting security incidents promptly;

(d) Ensuring your systems meet minimum security standards.

10. Third-Party Services and Integrations

10.1 Third-Party Integrations

The Service may integrate with or link to Third-Party Services including:

(a) Payment processors;

(b) Cloud infrastructure providers;

(c) AI and machine learning services;

(d) Analytics platforms;

(e) Email delivery services;

(f) Map and location services.

10.2 Third-Party Terms

Your use of Third-Party Services is subject to their respective terms and policies. Psympl® is not responsible for:

(a) Third-party service availability or performance;

(b) Third-party data practices or security;

(c) Content or accuracy of third-party services;

(d) Any damages arising from third-party services.

10.3 API Integrations

If you build integrations using our APIs:

(a) You must comply with our API documentation and rate limits;

(b) You are responsible for the security of your integrations;

(c) We may suspend access for excessive usage or abuse;

(d) API access may be subject to additional terms.

11. Artificial Intelligence and Machine Learning

11.1 AI-Powered Features

The Service incorporates artificial intelligence and machine learning capabilities including:

(a) Content generation and recommendations;

(b) Natural language processing and querying;

(c) Psychographic analysis and segmentation;

(d) Pattern recognition and insights generation.

11.2 AI Limitations and Disclaimers

(a) AI outputs are generated based on available data and models;

(b) We do not guarantee the accuracy, completeness, or suitability of AI outputs;

(c) You are responsible for reviewing and validating AI-generated content;

(d) AI features may produce unexpected or inappropriate results;

(e) You should not rely solely on AI outputs for critical decisions.

11.3 AI Training and Improvement

(a) We may use anonymized, aggregated data to improve AI models;

(b) Your specific Customer Data is not shared with third parties for AI training;

(c) We implement safeguards to prevent AI bias and harmful outputs.

12. Confidentiality

12.1 Confidential Information

"Confidential Information" includes:

(a) Non-public information about the Service, technology, or business;

(b) Pricing, financial terms, and contract details;

(c) Customer Data and usage patterns;

(d) Research data and methodologies;

(e) Any information marked as confidential.

12.2 Obligations

Each party agrees to:

(a) Protect Confidential Information using reasonable measures;

(b) Use Confidential Information only for purposes of this Agreement;

(c) Not disclose Confidential Information to unauthorized parties;

(d) Promptly notify the other party of any unauthorized disclosure.

12.3 Exceptions

Confidentiality obligations do not apply to information that:

(a) Is or becomes publicly available without breach;

(b) Was known to the receiving party before disclosure;

(c) Is independently developed without use of Confidential Information;

(d) Is rightfully received from a third party without restriction;

(e) Must be disclosed by law (with prompt notice to the disclosing party).

13. Term and Termination

13.1 Term

These Terms are effective from your first use of the Service and continue until terminated as provided herein.

13.2 Termination by You

You may terminate your Account at any time by:

(a) Canceling your Subscription through Account settings;

(b) Contacting support at support@Psympl®.ai;

(c) Deleting your Account (where available).

13.3 Termination by Psympl®

We may suspend or terminate your access:

(a) Immediately for violations of these Terms or Acceptable Use Policy;

(b) Immediately for non-payment after notice and cure period;

(c) With 30 days' notice for any reason or no reason;

(d) Immediately if required by law or to protect the Service.

13.4 Effect of Termination

Upon termination:

(a) Your right to access the Service immediately ceases;

(b) We may delete your Customer Data after a retention period;

(c) You remain liable for any fees incurred before termination;

(d) Provisions that should survive termination will remain in effect.

13.5 Data Export

Before termination, you may request export of your Customer Data. We will provide data in a reasonable format within 30 days of request, subject to applicable fees.

14. Disclaimers

14.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Psympl® DISCLAIMS ALL WARRANTIES INCLUDING:

(a) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

(b) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;

(c) ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA;

(d) UNINTERRUPTED OR ERROR-FREE OPERATION;

(e) SECURITY OF DATA TRANSMISSION.

14.2 Consumer Data Disclaimer

Consumer Data is provided for informational and analytical purposes only. We do not guarantee:

(a) The accuracy or completeness of Consumer Data;

(b) Specific business outcomes from using Consumer Data;

(c) That Consumer Data is current or up-to-date;

(d) Suitability of Consumer Data for your specific purposes.

14.3 Third-Party Disclaimer

We are not responsible for:

(a) Third-party content, products, or services;

(b) External websites linked from the Service;

(c) Third-party data sources or integrations.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Psympl® SHALL NOT BE LIABLE FOR:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

(b) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;

(c) COST OF SUBSTITUTE SERVICES;

(d) DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE;

(e) DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA.

15.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT YOU PAID TO Psympl® IN THE 12 MONTHS PRECEDING THE CLAIM; OR

(b) ONE HUNDRED DOLLARS ($100).

15.3 Essential Purpose

THESE LIMITATIONS APPLY EVEN IF Psympl® HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.4 Jurisdictional Variations

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

16.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Psympl®, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

(a) Your use of the Service;

(b) Your violation of these Terms;

(c) Your violation of any law or third-party rights;

(d) Your Customer Data or content;

(e) Your negligence or willful misconduct.

16.2 Defense and Settlement

Psympl® reserves the right to assume exclusive defense of any claim subject to indemnification. You agree to cooperate with our defense and not settle claims without our written consent.

17. Dispute Resolution

17.1 Governing Law

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

17.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@Psympl®.ai to attempt informal resolution. We will attempt to resolve disputes within 60 days.

17.3 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be:

(a) Conducted in English;

(b) Held in Cincinnati, Ohio, or remotely at mutual agreement;

(c) Decided by a single arbitrator;

(d) Final and binding on both parties.

17.4 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH Psympl® ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

17.5 Exceptions

The following disputes are not subject to arbitration:

(a) Claims for injunctive or equitable relief regarding intellectual property;

(b) Small claims court matters within jurisdictional limits;

(c) Claims that applicable law prohibits from arbitration.

17.6 Time Limitation

Any cause of action or claim arising from these Terms must be commenced within one (1) year after the cause of action accrues, or be permanently barred.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other referenced policies, constitute the entire agreement between you and Psympl® regarding the Service.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

No waiver of any term shall be deemed a waiver of any subsequent term. Failure to enforce any provision does not constitute a waiver.

18.4 Assignment

You may not assign or transfer these Terms or your Account without our written consent. Psympl® may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

Neither party shall be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet outages.

18.6 Notices

Notices to Psympl® should be sent to:

Psympl Inc.

3931 Bennett Road

Morrow, OH 45152

Email: legal@Psympl®.ai

Notices to you will be sent to the email address associated with your Account.

18.7 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Psympl®.

18.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided.

18.9 Export Compliance

You agree to comply with all applicable export control laws and regulations in your use of the Service.

18.10 U.S. Government Users

If you are a U.S. government entity, the Service is provided with "restricted rights" as defined in applicable regulations.

19. Changes to Terms

19.1 Modification Rights

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website or notification to you.

19.2 Material Changes

For material changes:

(a) We will provide at least 30 days' notice before changes take effect;

(b) Notice may be via email, in-app notification, or website posting;

(c) Continued use after the effective date constitutes acceptance.

19.3 Review Responsibility

You are responsible for periodically reviewing these Terms. The "Last Updated" date indicates the most recent revision.

20. Contact Information

For questions about these Terms, please contact us:

Psympl Inc.

3931 Bennett Road

Morrow, OH 45152

United States

Email: support@Psympl®.ai

Website: https://Psympl®.ai

For legal inquiries: legal@Psympl®.ai

For security concerns: security@Psympl®.ai