WHO WE (SIMPLECOMMANDS) ARE
Please note that the SIMPLECOMMANDS subsidiaries and affiliates include companies in which SIMPLECOMMANDS has control, either through direct or indirect ownership. You may obtain a list of the SIMPLECOMMANDS subsidiaries and affiliates by contacting legal@SIMPLECOMMANDS.com.
HOW TO CONTACT US
- Visit or use the SIMPLECOMMANDS Website, SIMPLECOMMANDS App or our social media channels;
- Subscribe to SIMPLECOMMANDS newsletters, marketing campaigns or participate in our surveys or giveaways;
- Contact our customer support; or
- Otherwise interact with us in your capacity as a customer.
- When you visit or use third party links and websites.
- To information you share when you connect, integrate or use the SIMPLECOMMANDS Products with third party applications, integrations, or services.
YOU GIVE US CONSENT
Some of the services we provide may be obstructed if you do not provide us the necessary Personal Information. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, UNLESS OTHERWISE STATED, YOUR CHOICE IS NOT TO USE OR ACCESS THE SERVICES.
DEFINING “PERSONAL INFORMATION”
We collect data and information from you in connection with your use of the Services, which includes both Personal Information and Anonymous Information.
“Personal Information” is information that allows someone to identify or contact you, as well as any other non-public information about you that is associated with or linked to any of the foregoing, and can include, for example, an individual's first and last name, address, phone number, e-mail address, IP address, location or other personally identifiable details. Personal Information does not include Anonymous Data.
“Anonymous Information” means aggregated and/or anonymized data that is not associated with or linked to your Personal Information. Anonymous Information does not, by itself, permit the identification of individual persons.
PROTECTING YOUR PRIVACY
INFORMATION WE COLLECT AND HOW WE USE IT
Depending on your interactions with us (for example, online, offline, over the phone, etc.) we may process different data about you. We may collect your data, for example, when you visit or use the SIMPLECOMMANDS Website, SIMPLECOMMANDS App or our SIMPLECOMMANDS social media channels , subscribe to our newsletters, download a software update to the SIMPLECOMMANDS App, contact our customer support, participate in our giveaways, promotions, surveys, and marketing campaigns or otherwise interact with us.
INFORMATION YOU PROVIDE US
Account & Log in Information
When you register an account for the SIMPLECOMMANDS App you are required to provide us your email address. In addition, when you access your account you provide us your log in ID, password or other security codes.
We may use the Personal Information you submit during the registration process to send you services-related communications. In addition, to the extent permitted by applicable law, we may also use such Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us as described below.
Direct Communications with us, Feedback and Support
If you provide us Feedback or contact us via e-mail or through our “contact-us” forms, or contact us for support related inquiries, we will collect your first and last name, e-mail address and any information requested in our “contact-us” forms or support forms, as well as any other content included in the Feedback or your e-mail or in the contact-us” support inquiries you send to us.
We may use Personal Information submitted in these communications to contact and respond to you and send you related services communications. Any Feedback you provide will be governed by the Terms.
Surveys, Giveaways and Marketing Campaigns
If you participate in our surveys, giveaways, or marketing campaigns, we may collect your name, mailing address, email, images and/or videos from which you may be identified, pictures and any other information requested and/or required with respect to your participation in the surveys, giveaways, and marketing campaigns.
We may use Personal Information submitted in connection with our surveys, giveaways and marketing campaigns to carry out the surveys, giveaways, and marketing campaigns and provide related marketing communications that we may think are of interest to you.
Additional Services and Communications
We may provide certain additional services and/or communications if you select such additional services and/or communications by opting-in to such additional services and/or communications using certain buttons provided in the user interface of our services. We will collect the information specified for such additional services and/or communications in the user interface of our services where you opt-in by clicking on such buttons. We may use such Personal Information to send you the corresponding additional services and/or communications.
INFORMATION COLLECTED AUTOMATICALLY
When you visit or use the SIMPLECOMMANDS Website, or SIMPLECOMMANDS App or subscribe to our newsletters, participate in our surveys, giveaways or marketing campaigns, or otherwise interact with us through our social media channels, in addition to the information you provide to us directly, we may collect information sent to us by your computer, mobile phone or other access device.
This information is used to (i) provide you the SIMPLECOMMANDS Website, SIMPLECOMMANDS App and other services requested by you, (ii) improve the SIMPLECOMMANDS Website, SIMPLECOMMANDS App and other services provided to you by us, (iii) notify user about updates to the Services, and (iv) contact you for our own internal marketing purposes.
For example, we may collect:
Hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and settings of the device you use to access the Services.
Your actual location (derived from your IP address or other location-based technologies), that may be collected when you enable location-based products or features through the SIMPLECOMMANDS Website, or SIMPLECOMMANDS Apps.
Log File Information
Log file information, which may include your internet protocol (IP) address, URLs of referring/exit pages, information you search for, click stream data, which pages areas of the Services you visit or use, access times, time and duration of your use of the Services.
Cookies and Other Tracking Technologies
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your computer or device in order to remember information about you, such as your language and/or currency preference or login information. SIMPLECOMMANDS may use similar techniques, such as pixels, web beacons etc., which we will refer to collectively as “cookies”. Where required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies).
Please refer to the section on Cookies for more information about the types of cookies and tracking technologies that we use, and why, on and through the Services, and how to accept and reject them.
We also utilize Google Analytics, a web analysis service provided by Google, to better understand your use of our Services. Google Analytics collects information such as how often users visit the SIMPLECOMMANDS Website, what pages they visit and what other sites they used prior to visiting. Google uses the data collected to track and examine the use of our Services, to prepare reports on its activities and share them with other Google services.
Google offers an opt-out mechanism for the web.
Please refer to the section on Cookies for more information about the types of cookies and tracking technologies that we use, and why, on and through the Services, and how to accept and reject them.
Pages within the SIMPLECOMMANDS Website, SIMPLECOMMANDS App, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity). This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and improve the Services.
We do not use web beacons to store or link to Personal Information.
Services usage information
This is information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the workspaces, channels, people, features, content, and links you interact with, and what third party integrations you use (if any).
INFORMATION COLLECTED FROM OTHER SOURCES
To the extent permitted by applicable law, in addition to the SIMPLECOMMANDS Website and SIMPLECOMMANDS App, we may also obtain information about you from other sources, such as joint marketing partners, social media platforms and other third parties. For example, depending on your social media settings, if you choose to connect your social media account to your SIMPLECOMMANDS App account, certain data from your social media account will be shared with us, which may include data that is part of your profile.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make such data personally identifiable to you. We may use Anonymous Information at our discretion and for any purpose. When we provide or use this information, we employ procedures so that the data does not identify you and we contractually prohibit recipients of the data from manipulating the data in a way that would re-identify it back to you.
HOW YOUR INFORMATION IS SHARED
We may provide your information to third party service providers (such as, but not limited to, our cloud service, data storage, e-commerce, payment processors and shipping and distribution providers) who require the information to perform services for us in order to provide you the Services. These third party service providers are required not to use your Personal Information other than to provide the services requested by us.
Other Third Parties
THIRD PARTY WEB BEACONS, BUTTONS, LINKS & WEBSITES
Third Party Web Beacons and Third Party Buttons
Third Party Links to Websites
The SIMPLECOMMANDS Website may contain links to other third party websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Services. We encourage you to read the privacy policies or statements of the other websites you visit.
YOUR RESPONSIBILITIES, PRIVACY RIGHTS AND CHOICES
Changes and Deletion of your Data
To the extent we provide you with access to and control of your information (for example, to update modify or, to the extent legally permissible, delete it), we strongly encourage you to take control of your information.
In certain jurisdictions you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.
If you would like to access, review, update, rectify, and delete any Personal Information we hold about you, or exercise any other data subject right available to you under applicable data protection laws and regulation, you can do so by submitting your request in writing by email: at legal@SIMPLECOMMANDS.com or by mail at: Kloee, Inc., 270 Benton Drive, East Longmeadow MA, 01028, attention: Privacy Team.
We will do our best to address your request in time and free of charge, except where it would require a disproportionate effort. In certain cases, we may ask you to verify your identity before we can act on your request. If you are unsatisfied with the reply received, you may then refer your complaint to the relevant regulator in your jurisdiction.
Please note that we may still use Anonymous Information that does not identify any individual and that even if you have requested deletion of your information, we may retain such information to the extent permitted by applicable law as further described in the section title “Data Deletion and Retention” below.
If you decide at any time that you no longer wish to receive such marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt out from receiving commercial email from us by sending your request to us by email at support@SIMPLECOMMANDS.com. Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services.
Where required by law, we obtain your consent for the processing of certain Personal Information collected by cookies or similar technologies, or used to send you direct marketing communications, or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
California Residents – Shine the Light Law
Residents of California are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: support@SIMPLECOMMANDS.com.
DATA DELETION AND RETENTION
We keep your data for the period necessary to fulfill the purposes for which it has been collected (for details on these purposes, see section titled “Information We Collect and How We Use It” above). We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period.
When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations. In any event, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SIMPLECOMMANDS takes appropriate measures that are consistent with applicable data protection and data security laws and regulations to protect your information, including requiring our service providers to use appropriate measures to protect the confidentiality and security of your information and data. Depending on the state of the art, the costs of the implementation and the nature of the data to be protected, we employ technical and organization measures designed to prevent against risks such as accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession.
Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our administrative, physical, and electronic safeguards, subject to requirements under applicable law to ensure or warrant information security. You acknowledge and agree that you provide your Personal Information at your own risk.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system , and any other disclosures that may be required under applicable law.
If you have any questions regarding our security measures please contact legal@SIMPLECOMMANDS.com.
CALIFORNIA AND DELAWARE "DO NOT TRACK" DISCLOSURES
SIMPLECOMMANDS does not knowingly collect or maintain Personal Information from or about children under the age of thirteen (13) and the Services are not intended to be used by persons under thirteen (13). If you are under the age of thirteen (13), please do not use any of our Services at any time nor in any manner If we learn that Personal Information of persons under thirteen (13) years of age has been collected on or through the Services, then we may deactivate the account and/or make the user content inaccessible. If you find that we have Personal Information about anyone below thirteen (13) years of age, please inform us at legal@SIMPLECOMMANDS.com.
QUESTIONS AND ADDITIONAL INFORMATION
Welcome to SIMPLECOMMANDS, and its affiliates and subsidiaries (“SIMPLECOMMANDS”, “kloee”, “we”, “us”, or “our”) owns, operates and provides the (i) the websites owned and operated by SIMPLECOMMANDS, including the www.simplecommands.com website and domains (the “SIMPLECOMMANDS Website”), (ii) the SIMPLECOMMANDS proprietary iOS and Android mobile software applications (the “SIMPLECOMMANDS App”), (iii) any other products and services offered by SIMPLECOMMANDS (clauses (i) – (iii) collectively the “Services”). Your use of the Services, or any part thereof, are governed by these Terms of Service (the “Terms”). The SIMPLECOMMANDS Website, SIMPLECOMMANDS App, and SIMPLECOMMANDS Technology are collectively referred to as the “SIMPLECOMMANDS Service”).
PLEASE NOTE, THIS AGREEMENT ALSO CONTAINS AN AGREEMENT TO ARBITRATE IN SECTION 15 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
1. ACCEPTANCE OF TERMS, ELIGIBILITY & CHANGES TO THESE TERMS
You must be eighteen (18) years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms in order to make a purchase on the SIMPLECOMMANDS Website. If you are under eighteen (18) years old or the age of majority in your jurisdiction, then you may not make a purchase on or through the SIMPLECOMMANDS Website. You may use the SIMPLECOMMANDS Website if you are over thirteen (13) years of age and are not barred from receiving services under applicable law. The SIMPLECOMMANDS Website is not directed to, nor intended for use by, children under thirteen (13) years of age. By accessing or using the SIMPLECOMMANDS Website you affirm that you are over the age of thirteen (13) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your access to the SIMPLECOMMANDS Services, or any part thereof, and your SIMPLECOMMANDS Account (defined in Section 2.2) and these Terms. If you do not meet the eligibility requirements as set forth in this Section, we have no obligations to you under these Terms.
1.3. Modifications to these Terms.
These Terms will remain in full effect for the time that you continue to use or access the Services or any part thereof or until terminated in accordance with the provisions of these Terms. SIMPLECOMMANDS reserves the right to change and amend these Terms from time to time at its discretion. Any such changes to the Terms will take effect from the time the amended Terms are posted to the SIMPLECOMMANDS Website or notified to you through the email provided by you to us. You should regularly review these Terms of Service. SIMPLECOMMANDS reserves the right to make changes to, suspend or terminate SIMPLECOMMANDS Accounts at its discretion without prior notice.
2. ACCESS TO THE SIMPLECOMMANDS SERVICE; RESTRICTIONS ON USE; CHANGES TO THE SERVICES
2.1. Access to the SIMPLECOMMANDS Service.
SIMPLECOMMANDS hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited right to: (i) access and use the SIMPLECOMMANDS Website, solely for your non-commercial purposes; and (ii) (1) install, execute and use the SIMPLECOMMANDS App, in object code only, and (2) execute and use any software and/or firmware included or embedded (as applicable) in the SIMPLECOMMANDS Product (“SIMPLECOMMANDS Technology”)You acknowledge and agree that in order to use the SIMPLECOMMANDS App, you must have a compatible mobile device. You are solely responsible for determining whether or not a mobile device is or is not compatible with the SIMPLECOMMANDS App and SIMPLECOMMANDS makes no representations or warranties whatsoever regarding the SIMPLECOMMANDS App and compatibility with any mobile device.
2.2. SIMPLECOMMANDS Accounts.
In order to access and use certain features of the Services you must create and register a user account (“SIMPLECOMMANDS Account”). In registering a SIMPLECOMMANDS Account for the Services, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (i) create a SIMPLECOMMANDS Account using a false identity or information, (ii) create a SIMPLECOMMANDS Account or use the Services if you have been previously removed or banned by us from use of the Services, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your SIMPLECOMMANDS Account. You are solely responsible for any activity originating from your SIMPLECOMMANDS Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your SIMPLECOMMANDS Account. SIMPLECOMMANDS reserves the right to limit the number of SIMPLECOMMANDS Accounts that can be created from a computer device and the number of computer devices that can access an individual SIMPLECOMMANDS Account.
The SIMPLECOMMANDS Service and SIMPLECOMMANDS Technology embodies, contains, and constitutes valuable trade secrets of SIMPLECOMMANDS. Accordingly, you agree that you will not, and it will not permit any third party to: (i) modify, adapt, translate or create derivative works based on the SIMPLECOMMANDS Service, SIMPLECOMMANDS Technology, or any related documentation; or (ii) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the SIMPLECOMMANDS App, or SIMPLECOMMANDS, except as expressly permitted by applicable law; or (iii) distribute, license, sublicense, assign, transfer or otherwise make available to any third party the SIMPLECOMMANDS Service, SIMPLECOMMANDS Technology, or any related documentation. SIMPLECOMMANDS reserves all rights and licenses not expressly granted to you and no implied licenses or rights are granted by SIMPLECOMMANDS. You agree not to remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of SIMPLECOMMANDS or its suppliers on or within the SIMPLECOMMANDS Website, SIMPLECOMMANDS App, or related documentation.
2.4. Prohibited Use of the SIMPLECOMMANDS Service and Services.
Without limiting the restrictions set forth in Section 2.3 above, you agree that you will not, and it will not permit any third party to: (i) use the SIMPLECOMMANDS Service to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (ii) interfere with or disrupt the integrity or performance of the SIMPLECOMMANDS Service, SIMPLECOMMANDS Technology, or any system, network or data; (iii) attempt to gain unauthorized access to the SIMPLECOMMANDS Service, SIMPLECOMMANDS Technology or its related systems or networks; (iv) frame or utilize framing techniques to enclose the SIMPLECOMMANDS Website or SIMPLECOMMANDS App or any portion thereof; (v) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the SIMPLECOMMANDS Website, SIMPLECOMMANDS App or SIMPLECOMMANDS Technology (except as expressly permitted in Section 2.1), content (except caching or as necessary to view the SIMPLECOMMANDS Website), or the personal information of others without our prior written permission or authorization; (vi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or (vii) violate any applicable local, state, national or international law in your use of the Services.
2.5. Additional SIMPLECOMMANDS App Terms and Conditions
2.5.1. SIMPLECOMMANDS iOS Apps.
The following additional terms and conditions apply with respect to any SIMPLECOMMANDS App provided or made available to you by SIMPLECOMMANDS, designed for use on an Apple iOS-powered mobile device (an “iOS App”): you acknowledge that these Terms are between you and SIMPLECOMMANDS only, and not with Apple, Inc. (“Apple”). Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service. SIMPLECOMMANDS, and not Apple, are solely responsible for the iOS App and related content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. You agree that SIMPLECOMMANDS, and not Apple, is responsible for addressing any claims by you relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to SIMPLECOMMANDS as provider of the iOS App. You agree that SIMPLECOMMANDS, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App. You represent and warrant that you: (a) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of its wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to the license granted herein to you to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to the license granted herein to you to use the iOS App as a third-party beneficiary thereof.
2.5.2. SIMPLECOMMANDS Android Apps.
The following additional terms and conditions apply with respect to any SIMPLECOMMANDS App provided or made available to you by SIMPLECOMMANDS, designed for use on an Android-powered mobile device (an “Android App”): you acknowledge that these Terms are between you and SIMPLECOMMANDS only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Android Market Terms of Service. Google is only a provider of the Android Market where you have obtained the Android App. SIMPLECOMMANDS, and not Google, is solely responsible for the Android App and the related content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.
2.6. Changes and Modifications to the Services.
SIMPLECOMMANDS reserves the rights to either temporarily or permanently modify or terminate the Services (or any part thereof). SIMPLECOMMANDS will post on our website and/or will send you an email to the address associated with your SIMPLECOMMANDS Account to provide the notice of any material changes to the Services. If you do not like the modifications to the Services, your sole remedy is to cease using the Services.
2.7. Third Party Integrations.
Any third party applications or integrations developed for use with the SIMPLECOMMANDS App are controlled by SIMPLECOMMANDS
3. USER DATA AND PRIVACY.
Notwithstanding anything in these Terms to the contrary, SIMPLECOMMANDS will have no responsibility or liability of any kind under these Terms or otherwise, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by SIMPLECOMMANDS; (ii) nonconformities resulting from your, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Services, or other services provided hereunder by SIMPLECOMMANDS; (iii) modification, amendment, revision, or change to the SIMPLECOMMANDS Services, or any part thereof, by any person other than SIMPLECOMMANDS; or (iv) any other factor outside of SIMPLECOMMANDS’s reasonable control.
5. OWNERSHIP; FEEDBACK
SIMPLECOMMANDS and/or its licensors and suppliers, as applicable, retain all right, title, and interest in and to the SIMPLECOMMANDS Website, SIMPLECOMMANDS App, SIMPLECOMMANDS Technology, and any other materials (including related product and/or software documentation) or services provided by SIMPLECOMMANDS, and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein.
You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services (“Feedback”) that are not already subject to third party intellectual property rights may be used by SIMPLECOMMANDS or any other user of the SIMPLECOMMANDS Service without compensation or attribution, and you hereby grant SIMPLECOMMANDS, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to SIMPLECOMMANDS or through the SIMPLECOMMANDS Website (including “contact-us” and support forms) constitutes “publication” of such inventions under applicable patent law.
6. THIRD PARTY LINKS AND WEBSITES.
Any link from the SIMPLECOMMANDS Website or SIMPLECOMMANDS App to any third party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.
You agree to indemnify and hold harmless SIMPLECOMMANDS, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of these Terms of Service by you.
8.1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY SIMPLECOMMANDS, THE SIMPLECOMMANDS WEBSITE, SIMPLECOMMANDS APP, SIMPLECOMMANDS TECHNOLOGY, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY SIMPLECOMMANDS ARE PROVIDED "AS IS" AND "AS AVAILABLE". SIMPLECOMMANDS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF THE SIMPLECOMMANDS WEBSITE, SIMPLECOMMANDS APP, SIMPLECOMMANDS TECHNOLOGY, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY SIMPLECOMMANDS. SIMPLECOMMANDS DOES NOT WARRANT THAT THE SIMPLECOMMANDS WEBSITE, SIMPLECOMMANDS APP, SIMPLECOMMANDS TECHNOLOGY, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY SIMPLECOMMANDS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OF THEIR USE WILL BE CORRECT, ACCURATE, OR RELIABLE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED BY SIMPLECOMMANDS AND THAT NO WARRANTIES ARE MADE BY ANY OF SIMPLECOMMANDS’S SUPPLIERS.
8.2. SIMPLECOMMANDS IS NOT LIABLE FOR ANY INTERRUPTIONS TO INTERNET CONNECTIVITY, WI-FI CONNECTIVITY OR AVAILABILITY OR UNAVAILABILITY OF SERVICES OR PRODUCTS OR TECHNOLOGY OFFERED THROUGH THIRD PARTIES. ANY MATERIALS DOWNLOADED FROM THE SIMPLECOMMANDS WEBSITE ARE DONE SO AT YOUR OWN RISK. SIMPLECOMMANDS WILL NOT BE HELD ACCOUNTABLE FOR DAMAGE TO COMPUTER EQUIPMENT OR LOSS OF DATA AS A RESULT OF DOWNLOADS FROM THE SIMPLECOMMANDS WEBSITE. SIMPLECOMMANDS WILL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR LIABILITY ARISING FROM THE USE OF THIRD PARTY SOFTWARE OR HARDWARE IN RELATION TO THE SERVICES.
8.3. YOU AGREE THAT THE AVAILABILITY OF THE SIMPLECOMMANDS WEBSITE, AND SIMPLECOMMANDS APP IS DEPENDENT ON YOUR MOBILE OR COMPUTER DEVICE, DEVICE CARRIER, YOUR INTERNET SERVICE PROVIDER, YOUR HOME WIRING, YOUR WI-FI HARDWARE AND OTHER SOFTWARE AND HARDWARE THAT IS USED TO CONTROL THE SIMPLECOMMANDS SERVICE. YOU ACKNOWLEDGE AND AGREE THAT SIMPLECOMMANDS CANNOT BE HELD RESPONSIBLE FOR FEES AND CHARGES ASSOCIATED WITH THESE PRODUCTS AND SERVICES. THIRD-PARTY SOFTWARE, HARDWARE OR CONTENT YOU AGREE THAT SIMPLECOMMANDS CANNOT BE HELD RESPONSIBLE FOR SOFTWARE, HARDWARE OR CONTENT DEVELOPED BY THIRD PARTIES THAT INTERACTS WITH THE SIMPLECOMMANDS SERVICE. IT IS YOUR RESPONSIBILITY TO READ AND ACCEPT ANY THIRD PARTY USER LICENSING AGREEMENTS.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL SIMPLECOMMANDS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SIMPLECOMMANDS WEBSITE, SIMPLECOMMANDS APP, SIMPLECOMMANDS TECHNOLOGY, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY SIMPLECOMMANDS, EVEN IF SIMPLECOMMANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF SIMPLECOMMANDS, AND (II) IN NO EVENT SHALL SIMPLECOMMANDS’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE AGREEMENT EXCEED THE FEES PAID TO SIMPLECOMMANDS BY YOU HEREUNDER WITH RESPECT TO THE APPLICABLE SIMPLECOMMANDS PRODUCT PURCHASED BY YOU GIVING RISE TO THE CLAIM OR LIABILITY.
10. APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in Sections 9 and 10 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
11. BASIS OF THE BARGAIN.
The warranty disclaimer and limitation of liability set forth above in Section 9 and 10 are fundamental elements of the basis of the agreement between SIMPLECOMMANDS and you. SIMPLECOMMANDS would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of SIMPLECOMMANDS’s suppliers.
12. AVAILABILITY OF THE SERVICES.
Information describing the Services is accessible worldwide but this does not mean the Services or certain portions thereof are available in your country. SIMPLECOMMANDS may restrict access to the Services or portions thereof in certain countries. It is your responsibility to make sure its use of the Services is legal in your country of residence. The Services may not be available in all languages. If at SIMPLECOMMANDS’s reasonable determination, you use the Services or any other material or services provided by SIMPLECOMMANDS under the Agreement in a manner that violates laws, creates an excessive burden or potential adverse impact on SIMPLECOMMANDS’s systems, in addition to any of its other rights or remedies, SIMPLECOMMANDS may, without liability to SIMPLECOMMANDS, immediately suspend or terminate your access to the Services.
13. EXPORT CONTROL.
You may not use or otherwise export or re-export the SIMPLECOMMANDS Service (or any aspect thereof) except as authorized by United States law and the laws of the jurisdiction in which the SIMPLECOMMANDS Service was obtained. In particular, but without limitation, the SIMPLECOMMANDS Service may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. Governing Law.
The Agreement will be governed by the laws of the State of Massachusetts, United States of America without giving effect to any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from the Agreement, including, without limitation, application to the SIMPLECOMMANDS App, or any software and services provided hereunder. Furthermore, the Agreement (including without limitation, the SIMPLECOMMANDS App and any software and services provided hereunder) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Except as otherwise set forth in the Agreement, you agree that any dispute between you and SIMPLECOMMANDS arising out of or relating to the Agreement, the Services, or any other SIMPLECOMMANDS products or services (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
14.3. Informal Resolution.
Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at firstname.lastname@example.org to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or SIMPLECOMMANDS may institute arbitration in accordance with the procedures set forth in this Section.
14.4. Dispute Resolution.
Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 15.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in Boston, Massachusetts unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
14.5. Opting-Out of Arbitration.
YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING SIMPLECOMMANDS WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR SIMPLECOMMANDS ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
14.6. Exception to Arbitration.
Notwithstanding anything in the Agreement to the contrary to the extent you have in any manner violated or threatened to violate any of SIMPLECOMMANDS’s intellectual property rights, SIMPLECOMMANDS may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of Massachusetts, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts
14.7. No Class Actions.
You may only resolve Disputes with SIMPLECOMMANDS on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THE AGREEMENT.
14.8. Venue and Waiver of Jury Trial.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and SIMPLECOMMANDS agree that any judicial proceeding will be brought in the federal or state courts of Boston, Massachusetts. Both you and SIMPLECOMMANDS consent to venue and personal jurisdiction there. YOU AND SIMPLECOMMANDS BOTH AGREE TO WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A JURY TRIAL.
14.9. Time Limitation to Bring Claims.
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
16. QUESTIONS AND ADDITIONAL INFORMATION.
Please feel free to contact us at email@example.com if you have any questions about these Terms.
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