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SimHouse Beta Platform Terms v2

Published version simhouse-beta-platform-v2 · Effective July 28, 2026

Effective July 28, 2026

These terms govern access to and use of the SimHouse business operations platform. The platform is provided by SpaceHouse, LLC, a Colorado limited liability company that has registered and does business under the trade name SpaceHouse ("SpaceHouse," "we," "us," or "our"). These terms form a binding agreement between SpaceHouse and the subscribing business (the "Business") and apply to each person the Business authorizes to use the service (an "Authorized User"). "You" means the Business or an Authorized User, as applicable. SimHouse is a beta service offered by SpaceHouse. By accepting in the applicable capacity, you confirm that you have read and agree to these terms.

1. The service and beta status

SpaceHouse provides SimHouse software for scheduling, bookings, memberships, customer administration, point of sale, reporting, and related facility operations. Features may be incomplete, contain errors, change materially, or be removed at any time during the beta. SpaceHouse does not promise that any beta feature or roadmap item will remain available or become generally available.

2. Accounts and authorized users

The Business is responsible for identifying Authorized Users, assigning appropriate permissions, keeping account and sign-in information secure, and promptly removing access that is no longer authorized. Each Authorized User must use an individual account, provide accurate information, protect credentials, and promptly notify SpaceHouse through the support channels made available with the service of suspected unauthorized access. The Business is responsible for its Authorized Users' use of the service and for activity occurring through its accounts, except to the extent caused by SpaceHouse's willful misconduct.

3. Business operations, compliance, and continuity

The Business controls and is solely responsible for its operations, offerings, prices, schedules, capacity, staffing, customer communications, taxes, refunds, cancellations, permissions, and compliance with laws and industry requirements that apply to its business. SpaceHouse does not operate the Business, make decisions for it, or provide legal, tax, accounting, employment, health, or safety advice.

The Business acknowledges that loss of access to SimHouse may interrupt or prevent bookings, check-ins, sales, payments, scheduling, customer communications, reporting, and other operations. The Business is solely responsible for maintaining reasonable business-continuity measures, including independent access to information and procedures reasonably necessary to operate during an outage, alternative payment and communication methods where appropriate, and instructions for staff when the service is unavailable. The Business must not rely on SimHouse as its sole means of performing safety-critical, emergency, medical, or legally required functions.

4. Acceptable use

You may use SimHouse only for legitimate business operations and as permitted by these terms. You must not access another tenant's data, probe or bypass security controls, share credentials, introduce malicious code, interfere with service operation, use the service for unlawful or fraudulent activity, or attempt to reverse engineer or misuse the service except where applicable law expressly permits it.

5. Business data

The Business retains ownership of the business and customer data it submits to SimHouse. It gives SpaceHouse permission to host, copy, transmit, process, secure, back up, and otherwise use that data as needed to provide, support, protect, and improve the service. The Business is responsible for having the rights and permissions needed to provide that data and direct its processing. SpaceHouse does not guarantee that any data will never be lost, corrupted, delayed, or unavailable, and the Business is responsible for maintaining independent copies of data it cannot afford to lose when supported exports or other means are available.

6. Third-party services

SpaceHouse may depend on third-party hosting, communications, analytics, and payment services, including payment processors selected or connected by the Business. Those services may have separate terms, fees, availability, and data practices. SpaceHouse does not control and is not responsible for third-party services or for their acts, omissions, outages, delays, security incidents, or changes. SpaceHouse is not the payment processor and does not store full payment card numbers.

7. SpaceHouse materials and feedback

SpaceHouse and its licensors retain ownership of the service, software, design, documentation, and related intellectual property. These terms grant only a limited, non-exclusive right to use the service during authorized access. If you provide ideas or feedback, SpaceHouse may use them without restriction or obligation, while avoiding public identification of you or the Business without permission.

8. Suspension and termination

SpaceHouse may limit or suspend access when reasonably necessary to address maintenance, security threats, suspected abuse, unlawful activity, material violations of these terms, third-party service failures, nonpayment under an applicable subscription arrangement, or operational risk. SpaceHouse may do so without advance notice when it reasonably determines that immediate action is necessary. The Business may stop using the service and request account closure through the account or support channels made available with the service.

9. No service-level agreement

No service-level agreement applies unless a separate written agreement signed by an authorized representative of SpaceHouse expressly identifies itself as an SLA. Without such a separate agreement, SpaceHouse makes no commitment or guarantee regarding uptime, availability, latency, performance, capacity, support or response times, resolution or restoration times, maintenance windows, backup frequency, recovery-point or recovery-time objectives, data durability, or delivery of any feature or roadmap item. Scheduled and unscheduled maintenance, interruptions, degradation, and outages may occur at any time and may continue for any duration. Any service credit or other outage remedy applies only if expressly stated in a separate written agreement and is the exclusive remedy for the event giving rise to it.

10. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMHOUSE AND ALL RELATED SOFTWARE, CONTENT, SUPPORT, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE SPACEHOUSE PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SPACEHOUSE PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS; THAT DATA WILL BE ACCURATE, COMPLETE, PRESERVED, OR RECOVERABLE; OR THAT DEFECTS OR FAILURES WILL BE CORRECTED. "SPACEHOUSE PARTIES" MEANS SPACEHOUSE AND ITS PRESENT AND FORMER MEMBERS, OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS.

11. Limitation of liability and release

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPACEHOUSE PARTIES WILL NOT BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT-LIABILITY, STATUTORY, OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, SALES, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, USE, GOODWILL, OR REPUTATION; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; FAILURE TO COMPLETE OR RECORD A TRANSACTION; OR CLAIMS BY THE BUSINESS'S CUSTOMERS, STAFF, VENDORS, OR OTHER THIRD PARTIES. THESE EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LOSS WAS FORESEEABLE, WHETHER A SPACEHOUSE PARTY WAS ADVISED OF ITS POSSIBILITY, AND WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE BUSINESS EXPRESSLY ASSUMES THE RISK THAT THE SERVICE MAY BE INTERRUPTED, DEGRADED, DELAYED, INCORRECT, OR UNAVAILABLE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASES THE SPACEHOUSE PARTIES FROM CLAIMS ARISING FROM OR RELATING TO ANY SUCH EVENT, INCLUDING AN EVENT CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A SPACEHOUSE PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPACEHOUSE PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES THE BUSINESS ACTUALLY PAID TO SPACEHOUSE FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS. THIS CAP APPLIES COLLECTIVELY TO ALL CLAIMS, EVENTS, AND SPACEHOUSE PARTIES. THE BUSINESS'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OR UNAVAILABILITY OF THE SERVICE IS TO STOP USING THE SERVICE AND TERMINATE ITS SUBSCRIPTION, SUBJECT TO ANY EXPRESS RIGHTS IN A SEPARATE WRITTEN AGREEMENT.

The Business acknowledges that the warranty disclaimers, releases, damage exclusions, and liability cap are an essential allocation of risk reflected in the availability and pricing of the beta service and that SpaceHouse would not provide the service on the same terms without them. Nothing in these terms excludes or limits liability to the extent applicable law prohibits that exclusion or limitation.

12. Indemnification

To the fullest extent permitted by law, the Business will defend, indemnify, and hold harmless the SpaceHouse Parties from claims, demands, actions, investigations, damages, judgments, settlements, penalties, fines, costs, and reasonable legal fees arising from or relating to: the Business's or an Authorized User's use or misuse of the service; business or customer data; the Business's products, services, facilities, operations, employment practices, taxes, communications, bookings, memberships, payments, refunds, or cancellations; a dispute between the Business and any customer, employee, contractor, vendor, franchisee, location, or other third party; or a breach of these terms or applicable law by the Business or an Authorized User. SpaceHouse may control the defense and settlement of a covered claim with counsel of its choice, and the Business will reasonably cooperate. The Business may not settle a claim in a manner that admits fault by or imposes an obligation on a SpaceHouse Party without SpaceHouse's prior written consent.

13. Export, deletion, and support requests

Available exports may be used to retrieve supported business data. The Business may request additional export assistance, account deletion, or support through the account or support channels made available with the service. SpaceHouse may retain information when reasonably required for security, fraud prevention, legal obligations, backup rotation, or dispute records, subject to applicable requirements.

14. Colorado law and forum

These terms and any dispute arising out of or relating to them or the service are governed by Colorado law, without regard to conflict-of-laws rules. To the fullest extent permitted by law, the state courts located in Denver County, Colorado, and the federal courts with jurisdiction over Denver, Colorado, have exclusive jurisdiction, and the Business and each Authorized User consent to personal jurisdiction and venue in those courts.

15. Changes and version acceptance

SpaceHouse publishes terms as identified, immutable versions. SpaceHouse will not rewrite a version after acceptance. A later version may replace this version for future use. When a later version is marked as requiring re-acceptance, the Business and Authorized Users must accept that version before continuing protected operations access. Versions that do not require re-acceptance will not interrupt an already accepted user solely because they were published.

16. General terms and protected parties

These terms, together with any applicable written order form or other agreement that expressly incorporates them, are the entire agreement concerning their subject matter and replace prior discussions or understandings on that subject. A separately signed written agreement controls only to the extent it expressly conflicts with these terms. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A waiver must be in writing and applies only to the specific instance stated. The Business may not assign these terms without SpaceHouse's prior written consent. SpaceHouse may assign these terms in connection with a merger, reorganization, sale of assets, financing, or transfer of the service.

SpaceHouse, LLC is the sole SpaceHouse Party entering into these terms as a contracting party. No member, owner, manager, officer, director, employee, contractor, agent, or affiliate of SpaceHouse assumes personal liability under these terms. Every SpaceHouse Party is an intended third-party beneficiary of Sections 9 through 12 and may enforce those protections directly. Sections that by their nature should survive termination, including Sections 5 through 7 and 9 through 16, survive termination.