Terms & Conditions

1. Introduction

Welcome to Simi Visuals Pty Ltd ("Simi", "we", "our", or "us"). These Terms and Conditions govern your use of our website located at simi.com.au (the "Site") and our AI-powered visual marketing platform services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services. These Terms apply to all visitors, users, and others who access or use the Service.

2. User Eligibility

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under 18 is unauthorised, unlicensed, and in violation of these Terms. By using the Services, you represent and warrant that you are 18 or older.

Furthermore, the Services are designed specifically for the Australian real estate market. While accessible globally, our compliance features, templates, and default settings are optimised for Australian property laws and standards.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

• You are responsible for safeguarding your password.
• You agree not to disclose your password to any third party.
• You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

4. AI Services & Content Generation

Simi utilises advanced Artificial Intelligence (AI) to generate, modify, and enhance visual content. You acknowledge that AI-generated content may have limitations and artifacts.

Virtual Staging: Our virtual staging service adds digital furniture to photos of empty rooms. You must ensure that the structural integrity of the property is not misrepresented. It is your responsibility to disclose to potential buyers that images have been virtually staged.

Virtual Renovation: Modifications to flooring, walls, and fixtures are for illustrative purposes only. You agree not to use our services to mislead or deceive regarding the actual condition of a property.

5. Fees and Payment

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis (such as monthly or annually).

All fees are exclusive of applicable federal, state, local, or other governmental sales, goods and services, harmonised, or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services.

6. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Simi Visuals Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

By uploading photos to Simi, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify your content solely for the purpose of providing the Services to you and improving our AI models. You retain full ownership of your original photos.

7. Limitation of Liability & ACL

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (ACL) (or any liability under them) which by law may not be limited or excluded.

Subject to this, and to the extent permitted by law, in no event shall Simi, nor its directors, employees, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Services. Our total liability for any claim arising out of or relating to these Terms or the Services is limited to the amount you paid us for the Services in the twelve (12) months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Simi Visuals Pty Ltd, its affiliates, and their respective directors and employees, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or any claim that your content caused damage to a third party or misled consumers under the Australian Consumer Law.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or suspected illegal or deceptive property representations.

If you wish to terminate your account, you may simply discontinue using the Service or cancel your subscription through your account settings. Subscriptions remain active until the end of the current billing cycle, and no pro-rata refunds are provided for early cancellations unless required by law.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within New South Wales to resolve any legal matter arising from these Terms.