Legal

Terms of service

Terms for using UpperDeck at upperdeck.dev, operated by Sim Capital LLC.

Last updated: July 2, 2026

Who we are

UpperDeck (upperdeck.dev) is operated by Sim Capital LLC. UpperDeck is a subsidiary of Sim Capital LLC.

In these terms, "UpperDeck," "we," "us," and "our" refer to Sim Capital LLC, which operates the UpperDeck service at upperdeck.dev. UpperDeck is a subsidiary of Sim Capital LLC.

Agreement

By creating an account or using UpperDeck, you agree to these terms. If you use UpperDeck on behalf of an organization, you represent that you have authority to bind that organization.

These terms incorporate our Privacy policy, Data policy, Acceptable use policy, and Return & refund policy by reference.

The service

UpperDeck provides a web-based workspace for organizing client projects and generating AI-assisted intelligence such as briefs, search, and chat. Features may change as we improve the product. Enterprise features are provided under separate agreements.

Accounts

You are responsible for safeguarding your login credentials and for activity under your account. You must provide accurate registration information and keep it up to date.

Your content

You retain full ownership of all content you upload, paste, or otherwise submit to UpperDeck ("Your Content"). Your Content is yours. UpperDeck does not claim ownership over it.

You grant UpperDeck a limited, non-exclusive license to host, transmit, and process Your Content solely as necessary to provide the features you use, including sending portions to AI subprocessors when you invoke AI-powered features.

You are solely responsible for Your Content, including ensuring you have the right to upload it and that its storage and processing comply with your client contracts, confidentiality obligations, and applicable law.

Copyright

The UpperDeck service, including its software, user interface, design, documentation, workflows, and all related content (excluding Your Content), is owned by Sim Capital LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

© 2026 Sim Capital LLC. All rights reserved. UpperDeck is a subsidiary of Sim Capital LLC.

Intellectual property

Sim Capital LLC retains all right, title, and interest in and to UpperDeck, including all software, algorithms, prompts, orchestration, proprietary methods, and other technology used to operate the service. Except for the limited rights expressly granted in these terms, no license or other rights are granted to you.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, scrape, frame, mirror, or create derivative works of UpperDeck or any part of the service, except where applicable law expressly permits such activity and only to the extent permitted.

You may not use the UpperDeck or upperdeck.dev names, the Sunny name or character, or any UpperDeck logos, icons, or branding without our prior written permission.

Feedback or suggestions you provide may be used by us without restriction or compensation to you.

Sensitive information & your responsibility

You alone decide what information is sensitive, confidential, regulated, personal, or otherwise restricted—including, without limitation, health information, financial data, trade secrets, attorney-client materials, or any data you treat as sensitive. UpperDeck does not define sensitivity categories on your behalf.

You are solely responsible for reviewing Your Content and redacting, removing, or excluding any information you consider sensitive before or after using the service. Optional safeguards (such as organization-level PHI redaction) are assistive tools only and do not shift responsibility to UpperDeck.

UpperDeck is not responsible for sensitive, confidential, regulated, or personal information you choose to upload, store, share, or process through the platform, nor for how you or third parties use Your Content or AI-generated outputs. We do not monitor, audit, or verify the sensitivity, legality, or appropriateness of Your Content.

To the maximum extent permitted by law, you agree that UpperDeck has no liability arising from Your Content, its accuracy, its sensitivity, how it is used, or any disclosure, loss, or misuse of information you submit to the service.

Your data & AI use

UpperDeck processes Your Content only to operate the service and the features you request—for example, storing files, enabling search, and generating briefs or chat responses. We do not use Your Content to train machine learning or AI models, and we do not sell Your Content.

We do not access Your Content for our own independent business purposes beyond providing, securing, maintaining, and improving the service. We do not review your projects for marketing, advertising, or unrelated product development.

Acceptable use

You agree not to:

  • Use the service for unlawful purposes or to violate others' rights
  • Attempt to breach security or access data you are not authorized to view
  • Reverse engineer or abuse rate limits or API endpoints
  • Upload malware or content intended to disrupt the service

Full usage rules, including AI-specific restrictions, are set out in our Acceptable use policy, which is part of these terms.

Subscriptions & billing

Paid plans renew according to the billing cycle you select until you cancel. Fees are processed by Stripe. Free tier limits (such as project and message caps) may change with notice.

When you cancel a paid subscription, cancellation takes effect immediately on the same day you cancel. You will not receive a refund for any unused portion of the current billing period, including partial months or years. No prorated credits are issued. See our Return & refund policy for details, including billing-error exceptions.

Account deletion

You may delete your account at any time from Settings or by contacting us at support@upperdeck.dev. When your account is deleted, we permanently remove your profile, projects, uploaded files, and associated data from our systems. We do not retain backups or archives of deleted account data—it is as if the account never existed, except where payment processors such as Stripe must retain minimal transaction records under their own policies and applicable law.

Disclaimers

UpperDeck and its AI features are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

AI-generated output may be incomplete, inaccurate, or inappropriate. You are solely responsible for reviewing all outputs before relying on them with clients, patients, regulators, or in business, legal, or medical decisions. UpperDeck is not a substitute for professional, legal, or medical advice.

UpperDeck makes no guarantee that the service will prevent disclosure of sensitive information, satisfy any regulatory or contractual requirement, or produce error-free results. You use the service at your own risk.

Limitation of liability

To the maximum extent permitted by law, UpperDeck and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to your use of the service or Your Content—even if we have been advised of the possibility of such damages.

Without limiting the foregoing, UpperDeck is not liable for: (a) the contents, accuracy, or sensitivity of Your Content; (b) how you or others use Your Content or service outputs; (c) unauthorized or inappropriate disclosure of information you submit; (d) your failure to redact or protect sensitive information; or (e) any regulatory, contractual, or third-party claims related to Your Content.

Our total aggregate liability for any claim arising out of or relating to these terms or the service is limited to the greater of (i) the amount you paid UpperDeck in the twelve months before the claim, or (ii) one hundred U.S. dollars ($100).

Termination

You may stop using UpperDeck at any time. We may suspend or terminate accounts that violate these terms or pose security risk. Upon termination, your right to access the service ends.

Contact

Questions about these terms: support@upperdeck.dev. Sim Capital LLC operates UpperDeck at upperdeck.dev.

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