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Simpli Terms of Service

March 2017

Thanks for using Simpli!

These terms of service (“the Terms”) cover your use and access to the Simpli iOS and web applications. Throughout this document, references to “us”, “our”, “Simpli” refer to Simpli Development Limited, a company incorporated under the laws of the Isle of Man, located at Anglo International House, 2nd floor, Lord Street, Douglas, IM1 4LN, Isle of Man and to our products and services: the Simpli iOS and web applications (“the Services”).

Our Privacy Policy, which forms part of these Terms, describes in detail how we collect, use and handle your information when you use Simpli, as well as your rights with respect to your information and is available at https://www.simpli.co/privacy.html. The Simpli apps are available for download/access at www.simpli.co and in the Appstore.

The Simpli apps aim to make it easier for you to organize yourself, your activities and your information. We do this by integrating email accounts, calendars, notes and lists and allowing you to tag, link and search across all these types of data. Simpli accesses and integrates your Google, Yahoo, Outlook and Imap email accounts, calendars and contacts, the notes, lists and reminders you create using the app and contacts from your mobile device, has a dedicated module for the files received via email and the files from your Dropbox account (if you connect your Dropbox account to Simpli).

Your email accounts continue to be managed by your email service provider. Simpli does not access any content in your Dropbox account, but only creates links to files in your Dropbox account, so that you can tag, share or email files from Dropbox.

What type of agreement this is and when is it concluded

By downloading, installing and and/or by using any of the Simpli apps, you receive a license to use our Services. The terms of the license are described in detail further on.

By downloading, installing and and/or by using any of the Simpli apps, you acknowledge that you have read and understood these terms and give your consent to be bound by these Terms and use our Services in accordance with them. If you do not agree to these terms, simply uninstall the Simpli apps and do not use them anymore.

Once you installed/accessed the Simpli apps you agree that these Terms become effective. At the same time, the Services start being provided to you and you agree that the Services become effective immediately.

Your rights

We hereby grant you a license to install and use our Services. This license is limited, non-exclusive, non-transferable and non-sublicensable. The license is valid only for as long as you comply with these Terms and only for the purpose of accessing and using our Services.

Your permissions

When you use our Services, you provide us with access to your information in your notes, lists, calendars, your emails and content thereof, your contacts, files etc. (“Your Information”). Your Information is and continues to be yours. These Terms do not give us any rights to your Information, other than the limited rights that enable us to offer the Services.

You grant us permission to host Your Information and back it up.

Our Services enable you to tag and cross-link such Information as well as to organize and manage email, sort, edit and search Your Information; however we are not performing any such actions on your behalf.

These and other features may require our systems to access and store Your Information. Through these Terms, you give us permission to do all the above, and this permission extends to our employees, contractors and partners, all of whom are bound by confidentiality obligations with respect to Your Information. You also give us permission to transfer Your Information to third parties, exclusively for the purpose of providing the Services.

Your Responsibilities and Obligations

You are responsible for your conduct, Your Information and for how you use our Services. You agree not to misuse our Services or help anyone else to do so. In particular, you agree not to:

Any use of our Services in breach of the above restrictions triggers the automatic and immediate termination of the license granted herein, without prejudice to other contractual or legal remedies available to us.

This being said, we may review your conduct and content for compliance with these Terms, but we have no obligation to do so. In particular, we do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.

We are not responsible for Your Information, nor for the content you or anyone creates, uploads, posts or shares via the Services.

If you notice or suspect any illegal or non-contractual use of our Services, please email us at hello@simpli.co.

As you do not need to create an account to use Simpli and your email login information will also allow you to access our Services, please safeguard your username and password to your email accounts, make sure that others don't have access to it, and keep your account information current. If your credentials are lost or misused or if you suspect that they have been lost or misused, please notify us immediately at hello@simpli.co.

In addition, while we strive to keep Your Information safe, please also take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored by using our Services and create your own backup copies in order to guarantee reconstruction of Your Information in case of loss.

Our Services are not intended for people under the age of 14 and, in general by people who, according to their national law, are not entitled or have not acquired all legal consents and authorizations in order to validly enter into and conclude legal acts and agreements. By using our Services, you are representing to us that you are over 14 or, as applicable, according to your national law, have capacity to contract with us. We disclaim any liability for the case in which these Terms of service are concluded by people lacking the necessary legal capacity and we reserve the right to claim damages for the prejudice incurred.

Our rights

The Services, including any revisions, modifications, enhancements and/or derivatives thereof, including all associated intellectual property rights, are owned by us. They are protected by copyright, trademark, and other laws and treaties.

These Terms don't grant you any right, title or interest in the Services, others' content in the Services, our trademarks, logos, other brand features or any other intellectual property rights that we have. As we strive to improve your experience with Simpli and our Services, we welcome feedback; however, we may use comments or suggestions without any obligation to you.

As we seek to constantly improve our Services, our apps, the software and our Services may be updated and upgraded from time to time, at our discretion, with or without notification. Some updates may be optional and others may be mandatory in order to use the Services. Also, some updates or upgrades may occur automatically.

We may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download.

What we cannot guarantee

Services "AS IS"

OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLI MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE ALSO DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE ALSO DISCLAIM ALL WARRANTIES FOR THE AVAILABILITY OF THE SERVICES FOR ANY AMOUNT OF TIME (“SYSTEM UPTIME”), AS WELL AS FOR ANY DISRUPTIONS TO THE SERVICES FOR MAINTENANCE, INTERNET DOWNTIME OR OTHER SITUATIONS IN WHICH THE SERVICES CANNOT BE ACCESSED DUE TO TECHNICAL PROBLEMS BEYOND OUR CONTROL (SUCH ASFORCE MAJEURE, FAULT OF THIRD PARTIES, ISSUES RELATING TO THE APP STORE). WE DO NOT UNDERTAKE TO PROVIDE ANY TECHNICAL SUPPORT SERVICES AS REGARDS THE FUNCTIONALITY OF THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMPLI BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, IN ALL CASES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT SIMPLI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SIMPLI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, BY YOU OR ANY OTHER PARTY, SHALL NEVER EXCEED THE GREATER OF 10 (TEN) EUROS OR THE AMOUNTS PAID BY YOU TO SIMPLI FOR THE PAST 12 MONTHS FOR THE SERVICES IN QUESTION.

Legislation is not the same in all countries, so not all these limitations may apply to you.

Termination

You are free to stop using our Services at any time. You can terminate the agreement at any time by deleting the application from your mobile phone. Upon termination, unsecured data will be lost as we will delete Your Information.

We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

Revisions to these terms

We may revise these Terms from time to time and will always post the most current version on our website. You can also request the currently applicable version of these Terms at hello@simpli.co or access them any time at www.simpli.co. If a revision meaningfully reduces your rights, we will notify you by sending a message to the email address associated with your account, posting on our blog or on this page. If you do not agree with such changes, you have the right to terminate this agreement, by deleting the app. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Disputes

We want to address any concerns or issues you may face with using the Services amicably, without needing a formal legal case. Before filing a claim against Simpli, you agree to try to resolve the dispute amicably by contacting us at hello@simpli.co. We'll try to resolve the dispute within 30 days and will contact you via email. If a dispute is not resolved within 30 days of submission, either one of us may bring a formal proceeding.

Entire Agreement

These Terms constitute the entire agreement between you and Simpli with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Any failure by Simpli to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The above also applies correspondingly in the case of omissions in these provisions.

You may not assign any of your rights under these Terms.

We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Contact us

If you have any questions or concerns about these Terms or our Services, the easiest is to email us at hello@simpli.co

If you prefer to send us a letter, you may post it to Simpli Development Ltd., Anglo International House, 2nd floor, Lord Street, Douglas, IM1 4LN, Isle of Man. You can also reach us by phone at +44 2031 801550 or by fax at +44 1624 629282.