Last updated: November 02, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SimpleO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.Simpleo.ai and all site subdomains (the "Site"). These Terms are subject to change by SimpleO (referred to as “Simpleo“, “us“, “we“, or “our“ as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date“ referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. Our policies may change as we learn more about the use of our models.
By accessing, browsing, downloading, using, or registering to receive the Services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use any portion of the Services.
We may update or modify these Terms of Use at any time. Any amendments are effective immediately upon the posting of the revised Terms of Use on the Sites. We may give notice of such updates and modifications by various means, including without limitation, by posting a revised version of these Terms of Use on the Sites, or providing notice on the Services. You should review the Terms of Use often to stay informed of any changes that may affect you. Your continued access or use of the Services thereafter signifies your acceptance to such changes.
The version of these Terms of Use posted on the Services on the respective date you visit the Services will be the Terms of Use applicable to your access and use of the Services on that date. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.
Unless expressly provided otherwise in these Terms of Use, the Services are the property of SimpleO and are protected by applicable laws. All copyright, trademark, patent, and other proprietary rights in the Services and in the software, text, graphics, design elements, audio, music, and all other materials contributed or used bySimpleO in the development and provision of the Services ("Services Content") are reserved to SimpleO and any other owners who have granted SimpleO the right and license to use such Services Content. You may not reproduce, upload, post, transmit, download, or distribute any part of the Services Content or information accessed at other sites through links made at the Services ("Third Party Sites").
You may not modify the Services, Third Party Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Third Party Sites. You may not use the Services or Third Party Sites in any manner that infringes on the rights of any person or entity.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the products or services you have ordered.
Simpleo makes no representations or warranties for services in Beta stage, including any warranty that services in Beta stage will be generally available, uninterrupted or error-free, or that content will be secure or not lost or damaged. Except to the extent prohibited by law, Simpleoexpressly disclaims all warranties for services in Beta stage, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY THIRD PARTY´S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
You agree to indemnify, defend and hold SimpleO and its affiliates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys&quos; fees), brought by any third party in connection with or arising out of User-Generated Content that you submit, post to, or transmit through the Services, your access to and use of the Services, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or any third party rights or interests. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT PUBLISHED ON THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SERVICES. SIMPLEO, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SIMPLEO, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE PLATFORM FOR ANY PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SIMPLEO, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IMPLIED BY STATUTE WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SIMPLEO AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS NOT A SECURE MEDIUM, NEITHER, SIMPLEO, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION TRANSMITTED OR TRANSACTION CONDUCTED THROUGH THE SERVICES WILL NECESSARILY BE SECURE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL SIMPLEO, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR DAMAGE TO REPUTATION, LOSS OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF SIMPLEO, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF, SIMPLEO, OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES, IF ANY.
The limitation of liability set forth above shall only apply to the extent permitted by law.
You represent and warrant that you are buying products or services from the Site for your own personal or commercial use only, and not for resale. You represent any and all commercial use of products or services will not include the resale of any of our services.
You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services. For more information consult our End User License Agreement,www.Simpleo.ai/eula .
Services. We reserve the right to withdraw or amend our Service, and any service, module, or material we provide via our Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users
You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password with sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Us promptly of any unauthorized use or suspected breach of security of your User Account. Simpleoshall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Simpleoowns your User Account credentials and may revoke or change them at any time.
These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate or suspend your account and bar access to the Services 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 Terms. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent, illegal, unethical or could subject us or any third party to liability.
The terms outlined in this document do not create a partnership, joint venture or agency relationship between you and Simpleo.
You may not use Simpleo’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.Simpleo.ai/privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All third-party products, company names and logos are trademarks or registered trademarks and remain the property of their respective holders. Use of them does not imply we have any affiliation with them or endorse them. All references by us to third party trademarks are intended to constitute nominative fair use under applicable trademark laws.
This Site is operated from the country of the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice or conflict of law provision or rule (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of California, USA.
1. YOU AND SimpleO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
1. The arbitration will be administered by the International Chamber of Commerce ("ICC") in accordance with the International Chamber of Commerce Rules (the "ICC Rules") then in effect, except as modified by this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction
We will be responsible for paying any individual consumer‘s arbitration fees if you prevail on any claim that affords the prevailing party attorneys fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
1. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SimpleO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person‘s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.