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Terms of Service

Version 1.0  ·  Effective Date: May 1, 2025  ·  Last Updated: May 1, 2025

Bay Area Experiences Ventures  ·  simulacrumai.io  ·  Santa Clara, California

1. Acceptance of Terms

By accessing or using Simulacrum at simulacrumai.io (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User") and Bay Area Experiences Ventures ("Company," "we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the Service after an update constitutes acceptance of the revised Terms. Material changes will be communicated by email to your registered address or by a prominent notice on the Service.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement.

The Service is intended for users located in the United States. Users outside the United States may access the Service subject to applicable local laws. It is your responsibility to ensure your use of the Service complies with all laws applicable in your jurisdiction.

3. User Content and Resume Upload

3.1 Ownership

You retain full ownership of all content you upload to the Service, including your resume, LinkedIn profile data, and any other documents ("User Content"). These Terms do not transfer any ownership rights from you to the Company.

3.2 License Grant

By uploading User Content to the Service, you grant Bay Area Experiences Ventures a limited, non-exclusive, non-transferable, revocable license to access, process, analyze, and use your User Content solely for the purpose of providing the Simulacrum Service to you. This license is limited to service delivery and does not permit the Company to sell, license, or commercially exploit your User Content for any purpose other than operating the Service.

3.3 Processing by AI Systems

You acknowledge and agree that your User Content, including resume and employment history data, will be processed by artificial intelligence systems operated by the Company and by Anthropic, PBC ("Anthropic"), our AI service provider. Anthropic processes User Content on our behalf under a contractual data processing agreement and is prohibited from using your data to train AI models. For details on how Anthropic handles data, see Anthropic's Privacy Policy.

3.4 Your Representations

By uploading a resume or other document to the Service, you represent and warrant that: (a) the document is your own resume or profile and you have the right to upload it; (b) the document does not contain information that belongs to another person without their consent; (c) the upload does not violate any third-party intellectual property rights, confidentiality obligations, or applicable law.

3.5 Prohibited Content

You may not upload content that: (a) is false, fraudulent, or misleading; (b) contains malicious code, viruses, or harmful data; (c) violates any applicable law or regulation; (d) infringes the intellectual property rights of any third party.

3.6 Consent at Time of Upload

Before uploading a resume or LinkedIn profile data, you will be presented with a specific consent disclosure explaining how your data will be processed. You must affirmatively consent to this disclosure before the upload will proceed. Your consent is recorded with a timestamp and stored in association with your account. You may withdraw consent at any time by deleting your resume from your account settings, which will also delete all derived Simulation data associated with that resume.

4. Data Collection, Use, and Retention

4.1 What We Collect

When you upload a resume, we collect: (a) the resume file itself; (b) structured data extracted from the resume, including employment history, education, skills, and professional accomplishments ("Extracted Data"); (c) AI-generated analysis of your Extracted Data, including Expertise Zones and income projections ("Generated Content"); (d) metadata about the upload, including timestamp, file type, and consent record.

4.2 How We Use It

We use the collected data exclusively to: (a) generate your Simulacrum wealth simulation and income projections; (b) power the 49 AI agent actions across the five income layers; (c) personalize your Growth Command Center experience; (d) provide your advisor or partner with a read-only view of your Simulation if you have explicitly granted them access.

4.3 What We Do Not Do

We do not: (a) sell your resume data or Extracted Data to any third party; (b) use your resume data to train AI models (including Anthropic's models); (c) share your data with advertisers; (d) use your data for any purpose other than delivering the Service to you.

4.4 Retention

Your resume file, Extracted Data, and Generated Content (including all Simulation records, agent action outputs, and Growth Command Center data) are retained for up to 15 months from the date of your last sign-in to Simulacrum. If you do not sign in for 15 consecutive months, your account data will be scheduled for permanent deletion. You will receive an email notification at your registered address 30 days before scheduled deletion, giving you the opportunity to sign in and reset the retention window. Data requested for deletion by the user will be permanently deleted within 90 days of the deletion request regardless of the last sign-in date.

4.5 Deletion Rights

You have the right to delete your uploaded resume and all associated Simulation data at any time from your account settings. Deletion of your resume will result in the deletion of all Simulations generated from that resume. This action is irreversible. If you are a California resident, you have additional rights under the CCPA as described in our Privacy Policy.

5. Third-Party Services and Sub-Processors

5.1 Anthropic (AI Processing)

Simulacrum uses the Claude API, operated by Anthropic, PBC, to analyze your resume and generate income simulations. By using the Service, you consent to your resume data being transmitted to Anthropic for this purpose. Anthropic is contractually bound to process your data only for service delivery purposes.

5.2 LinkedIn

If you choose to import your LinkedIn profile data, your use of LinkedIn data is subject to LinkedIn's Terms of Service and Privacy Policy. Simulacrum accesses only the profile data you explicitly authorize through LinkedIn's OAuth flow.

5.3 Other Integrations

The Service may connect to third-party platforms including Apollo, ConvertKit, Cal.com, Stripe, and Plaid. Each integration is optional and governed by the respective third party's terms.

6. Intellectual Property

6.1 Simulacrum IP

All rights in the Simulacrum platform, including the software, AI models, agent architecture, and Generated Content templates, are owned by Bay Area Experiences Ventures. Nothing in these Terms transfers any intellectual property rights in the platform to you.

6.2 Your Generated Content

The specific simulation outputs generated from your resume — including your Expertise Zone analysis, income projections, course curricula, email sequences, and investment strategies — are owned by you. You may use, export, share, and commercialize your Generated Content without restriction.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

7. Disclaimers and Limitation of Liability

7.1 Not Professional Advice

The income projections, wealth strategies, investment recommendations, tax optimization suggestions, and entity structure recommendations generated by Simulacrum are produced by artificial intelligence for informational purposes only. They do not constitute financial advice, investment advice, legal advice, tax advice, or any other form of professional advice. You should consult qualified professionals before making financial, legal, or business decisions based on Simulacrum outputs.

7.2 No Guarantees

Simulacrum does not guarantee that following the recommendations generated by the Service will result in any particular income, investment return, or business outcome.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAY AREA EXPERIENCES VENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

7.4 Indemnification

You agree to indemnify and hold harmless Bay Area Experiences Ventures, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney fees) arising from your breach of these Terms or your use of the Service.

8. Termination

You may terminate your account at any time from your account settings. We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination, your resume data and Simulation data will be deleted per the retention schedule in Section 4.4.

9. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration in Santa Clara County, California, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10. Contact

For questions about these Terms: simi@simulacrumai.io
For privacy-related requests, including data access and deletion requests: simi@simulacrumai.io
Bay Area Experiences Ventures  ·  Santa Clara, California

Note: This document is a draft pending review by qualified legal counsel. It is provided for informational purposes and does not constitute legal advice. Do not publish or rely upon this draft until it has been reviewed and approved by a licensed attorney.
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