Terms of Service

By accessing or using the Shimaya platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Shimaya.

Shimaya is a business consulting management platform that provides:

• —An AI-powered booking agent trained on your services and availability.
• —An embeddable booking widget for use on third-party websites.
• —Appointment management, scheduling, and calendar tools.
• —A client directory and relationship management system.
• —Automated email notifications via third-party email providers.
• —Service package creation and pricing management tools.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

• —You must provide accurate, current, and complete information during registration and keep it updated.
• —You are responsible for maintaining the confidentiality of your password and for all activity under your account.
• —You must notify us immediately at support@shimaya.app of any unauthorised use of your account.
• —You may not share your account credentials or allow others to access the Service using your account.
• —Accounts are non-transferable without prior written consent from Shimaya.
• —You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.

You agree not to use the Service to:

• —Violate any applicable local, national, or international law or regulation.
• —Transmit any content that is unlawful, defamatory, obscene, fraudulent, or harmful.
• —Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• —Attempt to gain unauthorised access to any systems, networks, or data.
• —Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• —Use automated scripts, bots, or scrapers to access the Service without written permission.
• —Send spam, unsolicited messages, or conduct phishing activities through the platform.
• —Upload or transmit viruses, malware, or any other malicious code.
• —Use the Service to facilitate any illegal or fraudulent activity.
• —Exceed API rate limits or deliberately overload Service infrastructure (DDoS or similar).
• —Resell, sublicense, or otherwise commercialise access to the Service without authorisation.

As a consultant using Shimaya, you are solely responsible for:

• —The accuracy and legality of all content you publish on the platform, including service descriptions and pricing.
• —Honouring appointments booked through the platform, including those made via the AI agent.
• —Ensuring your clients are informed that an AI system may process their messages during booking conversations.
• —Complying with all applicable professional licensing, regulatory, and tax requirements in your jurisdiction.
• —Obtaining any necessary consent from your clients to share their data with Shimaya for the purposes described in our Privacy Policy.
• —Maintaining the confidentiality of client information accessed through the platform.
• —Any disputes arising between you and your clients regarding the services you provide.

The AI booking agent is powered by Anthropic's Claude API. You acknowledge and agree that:

• —AI responses may occasionally be inaccurate, incomplete, or not reflect your actual availability.
• —You should review all AI-created bookings and confirm their accuracy before the appointment.
• —Shimaya is not liable for errors made by the AI agent, including double-bookings or incorrect service matching.
• —You must not configure the AI agent to make promises or representations you are not prepared to honour.
• —The AI agent's responses are generated based on the profile, services, and availability you configure — keep these up to date.

• —Shimaya offers both free and paid subscription tiers as described on our Pricing page.
• —Paid subscriptions are billed monthly or annually in advance.
• —All prices are in US Dollars (USD) unless otherwise stated.
• —Subscriptions auto-renew unless cancelled before the renewal date.
• —You may cancel your subscription at any time; access continues until the end of the current billing period.
• —Refunds are issued only where required by law, or at our sole discretion within 14 days of initial purchase.
• —We reserve the right to change pricing with 30 days' advance notice to subscribers.
• —Failure to pay may result in suspension or termination of your account.

Our property: The Shimaya platform, including its design, code, branding, and content, is owned by Shimaya and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without express written permission.

Your content: You retain ownership of all content you create and upload to the Service, including service descriptions, client records, and profile information. By uploading content, you grant Shimaya a limited, non-exclusive, royalty-free licence to host, store, and display that content solely as necessary to provide the Service.

Feedback: Any feedback or suggestions you provide to Shimaya may be used by us without restriction or compensation to you.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of data as described in the Privacy Policy.

The Service integrates with third-party providers including Anthropic, Supabase, Resend, and Stripe. Your use of these third-party services is subject to their respective terms and privacy policies. Shimaya is not responsible for the availability, accuracy, or practices of any third-party service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any errors will be corrected, or that results obtained from use of the Service will be accurate or reliable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIMAYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• —Your access to or use of (or inability to access or use) the Service.
• —Any conduct or content of any third party on the Service.
• —Unauthorised access, use, or alteration of your transmissions or content.
• —Errors, inaccuracies, or omissions in the AI booking agent's responses.
• —Any missed, double-booked, or incorrectly scheduled appointments.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

You agree to defend, indemnify, and hold harmless Shimaya and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, your content, your violation of these Terms, or your infringement of any third-party rights.

• —You may close your account at any time from the Settings page or by emailing support@shimaya.app.
• —We may suspend or terminate your account for breach of these Terms, with or without notice.
• —Upon termination, your right to use the Service ceases immediately.
• —We will retain your data for 30 days after termination during which you may request a data export. After this period, data is deleted subject to legal retention requirements.
• —Provisions of these Terms that by their nature should survive termination shall survive.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in English, with a single arbitrator.

YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We may revise these Terms at any time. Material changes will be notified via email to account holders at least 14 days before the effective date. Your continued use after the effective date constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service.

• —General enquiries: support@shimaya.app
• —Legal notices: legal@shimaya.app
• —Security reports: security@shimaya.app