Platform Terms of Use
Version 1.5 • Effective November 5, 2026
These Terms govern the use of the Platform and the Services and form the contract between the Operator and the User.
These Terms apply to all persons accessing or using the Platform, including visitors, registered Users and Users with an active Subscription. Access to and use of the Platform are subject to compliance with these Terms. If the User does not agree with these Terms, the User must refrain from accessing or using the Platform and must discontinue any ongoing use.
These Terms, together with any additional terms published on the Platform and the details of each order accepted by the User through the Platform, constitute the entire agreement between the Operator and the User regarding the Platform and the Services and supersede any prior arrangements. Communications on the Platform, including communications with the Operator’s support service, do not form part of the Contract and do not amend it.
The current version of these Terms is available at [https://thesimstree.com/en/public-offer.html], where the User may review it at any time.
1. General Provisions
1.1. Additional services, features and functionalities may be introduced and described on the Platform. Any additional terms applicable to them shall be published on the relevant Platform and shall form an integral part of these Terms. By using the relevant service, feature or functionality, the User agrees to the applicable supplementary terms. The Operator may determine the format and technical means of providing such additional services, subject to applicable law.
2. Eligibility and Account Access
2.1. The User represents and warrants that the User is at least eighteen (18) years old, has full legal capacity to enter into this Contract and undertakes to comply with these Terms. The Operator reserves the right to establish additional eligibility requirements, including age and geographical restrictions, subject to applicable law.
2.2. The Contract governs the provision of digital Services by the Operator and includes a limited, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform, its software and functionalities solely for the purpose of accessing and using the Services in accordance with these Terms. No ownership rights are transferred to the User.
2.3. Access to and use of the Services require the creation of an Account. Certain Services, features or functionalities may be available only to Users with an active paid Subscription, as indicated on the Platform.
3. Subscriptions and Payments
3.1. Certain Services, features or functionalities offered through TheSimsTree and Simo may require an active paid Subscription.
3.2. A Subscription is a paid arrangement that grants the User access to certain paid Services, features or functionalities of the Platform for a specified period, subject to the applicable Subscription terms.
3.3. The applicable Subscription fee, including any applicable taxes, billing period and payment terms, shall be clearly displayed on the Platform before the User subscribes or makes any payment.
3.4. The User may manage and cancel a Subscription through the User’s personal account at any time.
3.5. During the Subscription term, the User may receive regular updates and improvements to the functionality provided by the Website. Such updates and improvements may help Users tailor their experience to their preferences and creative needs.
3.6. Subscription fees shall be paid in advance for the selected Subscription period, either as a single payment for the entire period or through recurring payments, as indicated before activation. A Subscription shall renew automatically for successive periods of the same duration only where automatic renewal is expressly indicated before activation, unless cancelled by the User before the renewal date:
3.6.1. For a monthly Subscription, the applicable fee is automatically charged through the selected payment method at the beginning of each month.
3.6.2. For a 6-month or 12-month Subscription, the full fee for the period is charged through the selected payment method when the Subscription is activated, as a single payment for that period.
3.6.3. Where automatic renewal applies, a monthly Subscription renews for the following month after successful payment.
3.6.4. Where automatic renewal applies, 6-month and 12-month Subscriptions renew for successive periods of the same duration when the current Subscription expires, with the fee for the renewed period charged as a single payment.
3.7. By activating a Subscription, the User authorises the applicable payment method or payment service provider to process the relevant payments.
3.8. If a payment due in connection with a Subscription cannot be successfully processed, the following provisions apply:
3.8.1. If, at the time of an attempted automatic payment, the User’s card has insufficient funds or payment cannot otherwise be processed through the applicable payment method, automatic Subscription renewal will be suspended.
3.8.2. The User will be notified of the unsuccessful payment attempt by email at the registered address and will be given a reasonable period to replenish the available funds or otherwise complete the payment.
3.8.3. If the User does not complete the payment within that reasonable period, the Subscription may be suspended and access to additional features may be temporarily restricted until payment is successfully processed.
3.9. The User is responsible for any fees charged directly by the User’s bank or payment service provider in connection with a payment, pursuant to the User’s separate agreement with that provider and subject to applicable law.
3.10. The Operator may set and modify prices for the Services from time to time. The price applicable to a Subscription shall be displayed on the Platform before activation and shall remain fixed for the relevant paid Subscription period. Any price change applicable to a subsequent Subscription period shall be based on objective reasons, including changes in applicable taxes, the costs of providing or maintaining the Services, or material changes to the Services or included features. The User shall be notified of any such change in advance and shall have the right to cancel the Subscription before the new price takes effect, without penalty.
4. Refunds and Cancellation
4.1. If the User cancels a Subscription within fourteen (14) calendar days of its activation, the Operator shall refund all fees paid for that Subscription in full, regardless of the extent to which the Services have been used.
4.2. After this fourteen (14)-day period has expired, the User may cancel the Subscription at any time and receive a refund of the prepaid fees attributable to the unused portion of the Subscription period, including any unused portion of the current month. The Operator may deduct only the amount corresponding to the elapsed Subscription period, calculated on a pro-rata basis using the actual Subscription price paid. Any partially elapsed month shall be calculated proportionally to the number of days elapsed.
4.3. Refunds shall be made using the original payment method, unless otherwise agreed with the User, within fourteen (14) calendar days of receipt of the refund request, without prejudice to any mandatory statutory rights of the User.
4.4. Any duplicate or erroneous payments shall be refunded in full.
5. User Content Rules
5.1. Users who publish, upload or share User Content through the Services must comply with the User Content Policy applicable to the relevant Service, which forms an integral part of these Terms where applicable.
6. Liability of the Parties
6.1. The Operator shall make all reasonable efforts to provide the Services properly. However, to the extent permitted by applicable law, the Operator shall not be liable for the User’s losses arising from an inability to use the Services due to any of the following circumstances:
6.1.1. Malfunctions of public communications networks used to access Internet services; loss of Internet access by the User for any reason; errors, omissions or interruptions in operation or data transmission; defects in communications lines; and other technical failures outside the Operator’s reasonable control.
6.1.2. Unauthorised interference with the Platform by third parties, including hacking, distributed denial-of-service (DDoS) attacks, malware or similar incidents affecting the Website’s operation, provided that the Operator has taken reasonable security measures.
6.1.3. Circumstances constituting force majeure as described in Section 10 of these Terms.
6.2. Nothing in this Section excludes or limits the Operator’s liability for its own acts or omissions, or any mandatory statutory rights of the User under applicable law.
6.3. The Operator is not liable to the User for losses not caused by the Operator’s fault, including losses resulting from the User’s breach of these Terms, subject to applicable law.
6.4. The Operator shall endeavour to operate the Website 24 hours a day, seven days a week, including weekends and public holidays, and shall ensure availability of at least 90% per month, except in the circumstances specified in these Terms.
7. Indemnification
7.1. To the extent permitted by applicable law, the User shall reimburse the Operator for direct losses and reasonable, documented legal costs incurred in connection with third-party claims, but only to the extent that such claims arise directly from the User’s unlawful conduct or material breach of these Terms, or from User Content that infringes third-party rights or is otherwise unlawful.
7.2. Any settlement amount shall be recoverable from the User only where the User has given prior written consent. The User shall not be responsible for claims arising from the acts or omissions of the Operator or other Users.
7.3. Nothing in this Section excludes or limits any mandatory rights or liabilities under applicable law.
8. Suspension and Termination
8.1. The Operator reserves the right to suspend or terminate the User’s Account, discontinue access to any or all Services, and remove or delete any User Content where the User breaches these Terms or applicable law, or where reasonably necessary to protect the Platform or its Users, or to comply with legal requirements. The User shall be notified of such measures and the reasons for them where required by applicable law. Any refunds resulting from suspension, termination or discontinuation of paid Services shall be governed by Section 4 of these Terms.
9. Other Terms
9.1. The Contract takes effect when the User accepts these Terms and remains in effect until terminated in accordance with them.
9.2. The Operator reserves the right to amend these Terms for valid reasons, including changes in applicable laws, security or technical requirements, or changes to the Platform or Services. The Operator shall notify Users of any significant changes in advance through the Platform or by email, where appropriate. Changes shall take effect on the date specified in the notice, subject to the User’s mandatory statutory rights, including the right to terminate the Contract where required by applicable law.
9.3. The Operator may send notices relating to the performance of this Contract to the User’s registered email address. Commercial communications shall be sent in accordance with applicable law.
10. Force Majeure
10.1. The Parties shall be relieved of liability for partial or complete failure to fulfil obligations under these Terms where such failure results from force majeure. Force majeure means extraordinary events arising after the conclusion of the Contract that the Parties could neither foresee nor prevent by reasonable measures.
10.2. Such extraordinary events include floods, fires, earthquakes and other natural disasters; wars, military actions and acts of public authorities; and other circumstances beyond the reasonable control of the Parties.
10.3. The affected Party must notify the other Party within three (3) working days of the occurrence of such circumstances. If force majeure continues for more than two consecutive months, either Party may terminate this Contract without court proceedings by giving the other Party ten (10) working days’ written notice.
10.4. A document issued by an authorised chamber of commerce and industry at the location of the affected Party shall constitute sufficient evidence of the existence and duration of force majeure.
11. Governing Law and Jurisdiction
11.1. The Parties shall endeavour to resolve any disputes arising out of or in connection with these Terms or the Services amicably and in good faith before initiating court proceedings. The User may submit a complaint directly to the Operator through the contact channels provided by the relevant Service.
11.2. These Terms and any contractual or non-contractual obligations arising out of or in connection with them shall be governed by the laws of Spain, without prejudice to any mandatory consumer protection provisions applicable under the relevant conflict-of-law rules.
11.3. Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts in accordance with applicable EU and Spanish law. Where permitted by applicable law, the courts of Barcelona, Spain, shall have jurisdiction. Nothing in this provision limits the mandatory right of Users acting as consumers to bring proceedings before the courts of their place of domicile.