End User Terms
Date of Last Revision: August 10, 2026
1. Introduction.
The OneSim Platform located at https://www.myonesim.com (the “Site”) and the voice-based clinical encounter, clinical skills EMR simulation, and inventory management software services performed, in part, by the certain AI Components (defined below) made available through the Site (such services, collectively, including the AI Components, with the Site, the “Platform Services”) are provided by OneSim Inc., a Delaware Corporation, and its affiliates (collectively, “OneSim”, “us”, and “we”). Please note that portions of the Platform Services are provided by, rely on, and/or incorporate the use of artificial intelligence services and other large language models (collectively, “AI Components”) that OneSim licenses, from time to time, from third parties (each such licensor, an “AI Licensor”). Certain features of the Platform Services may be subject to additional guidelines, terms, or rules, which are referenced within these terms and conditions. All such additional terms, guidelines, and rules are incorporated by reference into these Terms by this reference.
THE TERMS AND CONDITIONS (these “Terms”) TOGETHER WITH OUR PRIVACY (available at https://myonesim.com/privacy) (the “Privacy Terms”) COLLECTIVELY, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN ONESIM AND YOU AND THE ENTITY YOU REPRESENT (collectively, “you”) THAT GOVERNS YOUR USE OF THE PLATFORM SERVICES. BY SIGNING UP FOR AN ACCOUNT AND/OR ACCESSING OR USING THE PLATFORM SERVICES, YOU ARE ACCEPTING THESE TERMS ON BEHALF OF THE ENTITY THAT YOU REPRESENT (your “Organization”), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF YOUR ORGANIZATION AND ABIDE BY THEM. YOU MAY NOT ACCESS OR USE THE PLATFORM SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT THE AGE OF CONSENT IN YOUR JURISDICTION OR IF YOU, FOR ANY REASON, CANNOT ENTER INTO BINDING CONTRACTS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR PLATFORM SERVICES.
2. Accounts.
Account and Project Creation. To use certain features of the Platform Services, you must register for an individual user account (“Account”) and provide certain information about yourself as prompted by the account registration form. Creating an Account is free. You may not select a username intended to impersonate another person or entity that is subject to the rights of another person or entity, or that is obscene or vulgar. We reserve the right to refuse or cancel registration of any username in our sole discretion. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You must coordinate with your Organization to delete your Account. OneSim may suspend or terminate your Account in as provided in these Terms.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify OneSim of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You will not share your Account password or any security questions or codes with any other individual or entity and you will not allow any other individual or entity to use your Account. OneSim cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for maintaining an active email address associated with your Account. OneSim will send notices and other account related communications to the email address associated with your Account and/or to a messaging feature included with your account (if any).
3. Access to the Platform Services.
Subscription. Subject to your compliance with these Terms, OneSim grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the term of both (a) your Organization maintains an active subscription to the Platform Services and (b) maintains active license specifically for you, to access and use the Platform Services via the Site for your internal business purposes in connection. Except as explicitly stated herein, these Terms do not grant you or your Organization (i) any right to reproduce, modify, distribute, or publicly display or perform the software included in the Platform Services or any portion thereof or (ii) any other right to the Platform Services not specifically set forth in these Terms or as otherwise agreed in writing between your Organization and OneSim.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform Services, in whole or in part, or any content displayed on the Platform Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer the Platform Services in whole or in part; (c) you shall not access or use the Platform Services in order to build a similar or competitive website, product, or service; (d) you shall not access or use the Platform Services for any timesharing or service bureau purposes or to otherwise provide the Platform Services, in whole or in part, to a third party; and (e) except as expressly stated herein, the Platform Services may not, in whole or in part, be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform Services made available to users shall be subject to these Terms. All copyright and other proprietary notices on the Platform Services (or on any content displayed on the Platform Services) must be retained on all copies thereof. If you access the Platform Services from outside the United States, you are responsible for compliance with foreign and local laws. OneSim does not provide services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Platform Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
Modification. OneSim may modify the Platform Services from time to time without prior notice to you. OneSim may modify, suspend, or limit the Platform Services immediately, without prior notice to you or your Organization, to the extent necessary to (a) address security incidents or vulnerabilities, (b) comply with applicable laws, court orders, or governmental requests, (c) prevent fraud, abuse, or misuse of the Platform Services, or (d) perform scheduled or emergency maintenance. OneSim will provide notice as soon as reasonably practicable in such cases. OneSim will not be liable to you or any third party for any modification, suspension, or limitation of the Platform Services as permitted under these Terms.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Platform Services and its content are owned by OneSim or OneSim's licensors. Neither these Terms (nor your access to the Platform Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. OneSim and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Feedback. You are under no duty to provide any suggestions, enhancement requests, or other feedback regarding the Platform Services (“Feedback”). If you choose to offer Feedback to us, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable (at unlimited number of levels), assignable license to incorporate Feedback into the Platform Services or otherwise use any Feedback we receive from you solely to improve our products and services, provided that such Feedback is used in a manner that is not attributable to you. You also irrevocably waive in favor of us any moral rights which you may have in such Feedback pursuant to applicable copyright law or any other laws or regulations. We acknowledge that any Feedback is provided on an “as-is” basis with no warranties of any kind. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
4. User Content, User Output, and Your Use of the Platform Services.
User Content. “User Content” means all information and content that a user submits to, or uses with, the Platform Services including any resulting scores or other performance metrics measured by the Platform Services. You and your Organization retain ownership of your User Content. You, and not OneSim are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you, your Organization, or any third party. You warrant that all information you provide about yourself and your Organization is true and complete information. You agree to promptly notify OneSim of any changes in the information provided about yourself or your Organization or any other material changes that could impact your use of the Platform Services. You shall be solely responsible for the accuracy and completeness of all information furnished to OneSim and/or to third parties as necessary for the Platform Services contemplated herein. OneSim shall not be responsible for independently verifying the accuracy or completeness of any information that you provide (including any User Content), and OneSim shall be entitled to rely on such information. OneSim shall have no liability for any errors or omissions in any Platform Services provided to you that are the result of, arise from, or are based on, in whole or part, inaccurate or incomplete information provided to OneSim. You represent and warrant that you have obtained all necessary (a) third party rights, licenses, permissions, and consents, including copyrights, for all of your User Content that belongs to or originates from third parties and (b) consents where required by applicable laws for the collection of information from third parties. You will review all User Output and other information and data provided to you by OneSim or the Platform Services and shall inform OneSim of any inaccuracies, deficiencies or discrepancies contained therein. You represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.5). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by OneSim. Since you alone are responsible for your User Content, you may expose yourself to liability based on the User Content you provide. You are solely responsible for creating and maintaining your own backup copies of your User Content and User Output if you desire.
Licenses. You hereby grant (and you represent and warrant that you have the right to grant) to OneSim and its subcontractors and service providers a non-exclusive, worldwide, enterprise-wide, royalty-free license to host, store, modify, adapt, reproduce, transmit, display, and otherwise process your User Content and User Output solely as necessary to provide, maintain, support, and secure the Platform Services for you and/or your Organization and to comply with applicable law, rule, regulation, ordinance, or legal process. OneSim may permit its subcontractors and service providers to exercise the foregoing rights only to provide the Platform Services and subject to confidentiality obligations at least as protective as those in these Terms. OneSim will not sell your User Content and will not disclose your User Content to third parties except as permitted in this Section or as otherwise necessary for OneSim to comply with applicable law, rule, regulation, ordinance, or legal process.
Usage Data. OneSim may create and use “Usage Data”, which is data, information, and telemetry collected by OneSim relating to your use of the Platform Services provided that such data does not specifically identify you or your Organization, for OneSim's internal business purposes, including to operate, maintain, improve, and secure the Platform Services, OneSim's other products and services, and for analytics and reporting.
User Output and Your Use of User Output. When you input User Content into the Platform Services or otherwise use the Platform Services, you may receive output depending on the User Content that you input and how you used the Platform Services (“User Output”). User Output excludes the Platform Services (and all OneSim content contained therein) contained in such output and all Usage Data. We hereby assign to you all our right, title, and interest, if any, in and to the User Output, provided that if any User Output consists of documents, forms, calendars, or schedules generated by the Platform Services, we retain all right, title, and interest in and to the format, layout, design, look and feel, and template of such documents, forms, calendars, and schedules but we hereby assign to you all our right, title, and interest in and to the data contained in such documents, forms, calendars, and schedules. You are responsible for your User Output to the same extent under these Terms as your User Content. You acknowledge and agree that if the Platform Services and User Output may include advice and recommendations that all decisions in connection with the implementation of such advice and recommendations shall be your sole and exclusive decision and responsibility. Neither we nor the Platform Services shall perform management functions or make management decisions for you or your Organization.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Platform Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, fraudulent, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) falls within the definition of “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996; (vi) falls within the definition of “Nonpublic Personal Information” under the Financial Services Modernization Act of 1999 (a/k/a the Gramm-Leach-Bliley Act); (vii) falls within the definitions of either “Cardholder Data” or “Sensitive Authentication Data” as defined under the Payment Card Industry Data Security Standard; or (viii) in violation of any AI Component Terms (defined below).
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform Services to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform Services (or to other computer systems or networks connected to or used together with the Platform Services), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Platform Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform Services.
Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, User Output, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
Use of AI Components. Your use of the AI Components is, in addition to these Terms, also subject to each AI Licensor's AI Component Terms. The applicable AI Component Terms in effect are linked at: https://myonesim.com/ai-providers (the “AI Webpage”). Notwithstanding Section 9.1, the AI Component Terms, and any future, new, or modified versions of the AI Component Terms, are each hereby incorporated into and made a part of these Terms by this reference upon being posted by us to the AI Webpage. Please note that each of the AI Component Terms may incorporate additional other terms and conditions. You acknowledge and agree that you will review all the terms and conditions applicable to you under each of the applicable AI Component Terms for prior to using the Platform Services.
5. Third-Party Connections; Co-Branded Areas; Other Users.
Third-Party Connections. The Platform Services may contain links to third-party websites and services (collectively, “Third-Party Connections”). Such Third-Party Connections are not under the control of OneSim, and OneSim is not responsible for any Third-Party Connections. OneSim provides access to these Third-Party Connections only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Connections. Your use of any Third-Party Connections is solely at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Connections, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction, use, or agreement in connection with such Third-Party Connections and third parties.
Co-Branded Areas. To provide a greater breadth of Platform Services, certain functions provided available through the Platform Services (such as the Platform Services' AI chatbot) may be outsourced to or provided by third parties. Certain features of the Platform Services are therefore operated and controlled, in part or in whole, by a third party (“Co-Branded Areas”). These Co-Branded Areas may continue to display a OneSim logo name at the top of the page or a partial or complete OneSim domain but are nonetheless operated and managed by a third party. These Terms, in conjunction with any further terms and conditions posted in the Co-Branded Areas, govern your access and use of those areas. In all other respects, access to the Co-Branded Areas is at your own risk.
Other Users. Each Platform Services user is solely responsible for all its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content or User Output, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content or User Output.
Release. You hereby release and forever discharge OneSim (and our affiliates, officers, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform Services (including any interactions with, or act or omission of, any Third-Party Connections) except to the extent caused by our willful, intentional, or reckless misconduct. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” AND TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW, RULE, OR REGULATION OF ANY OTHER JURISDICTION.
6. Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS,” AND WE (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE PLATFORM SERVICES OR THE USE AND RESULTS THEREOF, INCLUDING USER OUTPUT, WILL MEET YOUR OR ANY THIRD PARTY'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER PLATFORM SERVICES, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ALL AI COMPONENTS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW BEGINNINGS ON THE DATE OF YOUR FIRST USE.
RELIANCE ON ANY USER OUTPUT, DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM THE PLATFORM SERVICES IS STRICTLY AT YOUR OWN RISK. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT: (I) USE OF THE PLATFORM SERVICES OR ANY USER OUTPUT, DATA, RESULTS, INFORMATION, OR OTHER MATERIALS YOU GENERATE WHILE USING THE PLATFORM SERVICES DOES NOT RELIEVE YOU OF RESPONSIBILITY FOR COMPLIANCE WITH LAWS, RULES, REGULATIONS, OR CONTRACTUAL OBLIGATIONS, ETHICAL OBLIGATIONS, OR POLICIES THAT YOU ARE SUBJECT TO; (II) USING THE PLATFORM SERVICES IN NO WAY WAIVES YOUR RESPONSIBILITY UNDER ANY LAWS, RULES, OR REGULATIONS OR ABSOLVES YOU OR LIMITS YOUR LIABILITY UNDER ANY SUCH LAWS, RULES, OR REGULATIONS; (III) YOU SHALL NEITHER INQUIRE NOR RELY UPON US FOR ANY LEGAL, REGULATORY, MEDICAL, OR OTHER PROFESSIONAL OR EXPERT ADVICE OF ANY KIND AND WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR SPECIAL RELATIONSHIP WITH YOU; AND (IV) YOU ARE FULLY AND SOLELY RESPONSIBLE FOR: (A) USE OF THE PLATFORM SERVICES AND USER OUTPUT; (B) ALL USER OUTPUT, DATA, RESULTS, INFORMATION, AND ANY OTHER MATERIALS OBTAINED FROM THE PLATFORM SERVICES AND THE USE THEREOF AND RELIANCE THEREON; (C) REVIEWING ALL USER OUTPUT FROM THE PLATFORM SERVICES YOU GENERATE THROUGH THE PLATFORM SERVICES TO ENSURE SUCH USER OUTPUT IS TRUTHFUL, ACCURATE, AND ERROR-FREE; (D) SELECTING, OBTAINING, AND MAINTAINING ALL HARDWARE, SOFTWARE, COMPUTER CAPACITY, INTERNET PLATFORM SERVICE, PROGRAM AND SYSTEM RESOURCES AND OTHER EQUIPMENT AND UTILITIES NEEDED FOR ACCESS TO AND USE OF THE PLATFORM SERVICES AND FOR ALL COSTS ASSOCIATED THEREWITH; (E) SELECTION, USE OF, AND DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM ANY OTHER PROGRAMS, APPLICATIONS, COMPUTER EQUIPMENT, SOFTWARE, OR PLATFORM SERVICES USED WITH THE PLATFORM SERVICES OR USER OUTPUT; AND (F) SEEKING OUTSIDE COUNSEL FROM REPUTABLE MEDICAL PROFESSIONALS. WE ARE NOT LIABLE FOR ANY DAMAGES, OF ANY KIND WHATSOEVER, THAT MAY RESULT FROM YOUR RELIANCE ON ANY INFORMATION, RECOMMENDATIONS, ADVICE, OR ANY OTHER USER OUTPUT PROVIDED BY THE PLATFORM SERVICES.
YOU ACCEPT AND AGREE THAT ANY USE OF USER OUTPUTS FROM THE PLATFORM SERVICES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON USER OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU WILL BE SURE TO REVIEW ALL USER OUTPUT FOR ACCURACY AND CORRECTNESS EACH TIME YOU USE ANY USER OUTPUT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR AFFILIATES AND LICENSORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
7. Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONESIM (OR OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST INCOME, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOST DATA, CORRUPTION OF DATA, INACCESSIBILITY OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ANY FAILURE, INTERRUPTION, OR DELAY (INCLUDING THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE PLATFORM SERVICES) TO ACCESS TO OR USE OF ANY PLATFORM SERVICES OR USER OUTPUT, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OF ANY KIND RELATED TO, IN CONNECTION WITH, OR ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE ANY PLATFORM SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY EVEN IF ONESIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM SERVICES OR USER OUTPUT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OR INACCESSIBILITY OF DATA RESULTING THEREFROM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM SERVICES OR USER OUTPUT IS TO DISCONTINUE USING THE PLATFORM SERVICES OR ACCESSING THE SITE. IN NO EVENT SHALL ONESIM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, LAW, EQUITY, OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PERSONALLY PAID ONESIM FOR PROVIDING PLATFORM SERVICES TO YOU FOR THE THREE (3) MONTHS PRIOR TO THE FIRST ALLEGED ACT CAUSING DAMAGES OR $100.00, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT SHALL ONESIM BE LIABLE FOR ANY DAMAGES BASED UPON THE ACCURACY, COMPLETENESS SECURITY, RELIABILITY, AVAILABILITY, OR ERRORS OF THE PLATFORM SERVICES OR THE USER OUTPUT OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM SERVICES. YOU ACKNOWLEDGE THAT ONESIM HAS SET ITS FEES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SERVICES OR THE USER OUTPUT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination; Retention of User Content; Suspension.
Term and Termination of Your Subscription. These Terms remain in effect while you access or use the Platform Services. Your Account and license to access and use the Platform Services shall remain in effect for such time as your Organization maintains an active subscription to Platform Services and maintains an active license for you to access and use the Platform Services. To terminate your subscription to the Platform Services, you must coordinate with your Organization.
Retention of User Content and User Output. Upon termination of your subscription or your rights under these Terms, your right to access and use the Platform Services will terminate immediately. You understand that any termination of your Account by us or your Organization may involve deletion of your User Content and User Output associated with your Account from our live databases thirty (30) days after the effective date of the termination or expiration of your subscription. OneSim will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content and User Content. Notwithstanding the foregoing, OneSim may retain Usage Data indefinitely for its analytics, reporting, security, and product improvement purposes. Please note that your Organization may have different retention requirements and protocols in place for the continued maintenance of your User Content and/or User Output on the Platform Services.
Suspension and Termination. Notwithstanding any subscription your Organization has purchased from us, we may suspend, restrict, further condition, and/or terminate your ability to access or use the Platform Services (including your Account), in whole or in part, at any time and without prior notice to you or your Organization as necessary for us to comply with applicable law and/or if we reasonably believe that your or your Organization's use of the Platform Services violates these Terms, the agreement between us and your Organization (including for your Organization's failure to pay amounts to us when due), or applicable law or may subject OneSim to potential liability. OneSim, in addition to its other suspension and termination rights under these Terms, may suspend or terminate your access to the Platform Services immediately, without prior notice to you or your organization, if required to address security incidents, fraud, abuse, or unauthorized access. In addition to the foregoing, your Organization may also decide in its sole discretion to suspend or terminate your access to the Platform Services without prior notice to you. In such event, you must seek clarification and resource from your Organization for the basis of the suspension or termination. Sections 1, 2, 3.2, 3.4, 3.5, 4.1, 4.3, 4.4, 4.5, 4.6, 4.7, 5, 6, 7, 8, and 9 shall survive termination of these Terms or your use of or access to the Platform Services.
9. General.
Changes. Subject to the notice requirement of this Section 9.1, we, in our sole and absolute discretion, may make changes to these Terms from time to time. If we make any substantial changes to these Terms, we will notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the Platform Services (provided that, for material changes, we will use commercially reasonable efforts to seek to supplement such notice by email, an in-Platform Service pop-up message, or other prominent notice within the Platform Services, or other means). If we choose to supplement the notification of changes to these Terms by sending you an email, we will send the notification email to the last email address you have specified for your Account. You are responsible for providing us with your most current email address. If the last email address that you have provided us for your Account is not valid, or for any reason we cannot deliver the notice described above to you, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. The date that these Terms were last revised is set forth above. Continued use of our Platform Services following notice of such changes shall be deemed to indicate your acknowledgement and acceptance of such changes and your agreement to be bound by the terms and conditions of such changes. If you do not wish to continue using the Platform Services under the changed terms of these Terms, you must coordinate with your Organization to terminate your subscription within thirty (30) days of the “Date of Last Revision” set forth at the top of these Terms.
Class Action Waiver; Jury Trial Waiver; Use Outside of the United States of America; and Dispute Resolution.
PLEASE READ THIS SECTION 9.2 (INCLUDING ITS SUBSECTIONS) CAREFULLY. IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND RIGHT TO JURY TRIAL.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS SECTION 9.2 MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Waiver of Jury Trial. YOU AND ONESIM HEREBY EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, PLATFORM SERVICES, OR ANY TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Use Outside of the United States. The Platform Services are operated by us from our offices within the United States of America. We make no representation that the Platform Services are appropriate or available for use in other locations, and access to the Platform Services from territories where the access to or use of the Platform Services may be illegal is prohibited. Those who choose to access or use the Platform Services from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.
Notice Requirement and Informal Dispute Resolution. Except for OneSim seeking emergency injunctive relief, before either party may seek to file suit against the other party, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to OneSim should be sent to: info@myonesim.com or OneSim Inc., Attention: Legal Department, PO Box 196, Saco, ME 04072. After the Notice is received, you and OneSim must attempt to resolve the claim or dispute informally. If you and OneSim do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin a legal proceeding.
Choice of Law and Venue for Litigation. To the maximum extent permitted by applicable law, you consent to these Terms and any claims relating to the information, Platform Services, or products made available through the Site and/or Platform Services will be governed by the laws of the State of Delaware, U.S.A., excluding the application of its conflicts of laws rules. You agree that venue for all actions, relating in any manner to these Terms will be in a federal or state court of competent jurisdiction located in the State of Delaware.
Export. The Platform Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from OneSim, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications; Writings; Electronic Agreement. The communications between you and OneSim use electronic means, whether you use the Platform Services or send us emails, or whether OneSim posts notices on the Site or Platform Services, or communicates with you via email. For contractual purposes, you (a) consent to receive communications from OneSim in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OneSim provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. You agree that for any document or electronic information delivered through the Platform Services that by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity, or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and you hereby expressly waive all rights you may have to assert such a claim.
Entire Terms; Interpretation. These Terms and the Privacy Terms, and any other terms and conditions you enter into with us regarding additional features of the Platform Services constitute the entire agreement between you and us regarding the use of the Platform Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “include,” “includes,” and “including” are hereby deemed to be followed by the phrase “without limitation.” The word “will” is hereby deemed to be construed to have the same meaning and effect as the word “shall.” The term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or.” Any definition of or reference to any agreement, instrument, or other document herein will be construed as referring to such agreement, instrument, or other document as from time to time amended, supplemented, or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein). References to any specific law, rule or regulation, or section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor law, rule or regulation thereof. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to OneSim is that of an independent contractor, and neither party is an agent or partner of the other. You acknowledge and agree that in no event shall OneSim owe you any enhanced or special duties, express or implied, in fact or by law, whether referred to as a special relationship, fiduciary, relationship, or otherwise. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OneSim's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. OneSim may freely assign these Terms without your prior consent and without prior notice to you. The terms and conditions set forth in these Terms shall be binding upon assignees.
Force Majeure. We shall not be responsible to you, your Organization, or any third party entity or individual for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government action, labor disturbances, unavailability of anticipated usual means of supplies, wrecks, epidemics, pandemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond our commercially reasonable control.
Copyright/Trademark Information. Copyright © 2026 OneSim Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or within the Platform Services are our property or the property of third parties. You are prohibited from using these Marks without our prior written consent or the consent of such third party which may own the Marks.