Effective date: September 24, 2024
These Terms of Use (the “Terms“) apply to your access and use of our mobile application “SIMPLE” (the “App”), our websites (including but not limited to simple.life, simple-life-app.com), our blog, and all related services, features, and content (collectively the “Services“) provided by Simple.Life Apps Inc, a Delaware corporation with registration no. 7688095 and registered address 8 The Green, Ste A, City of Dover, County of Kent, DE 19901, USA; and AM APPS Ltd, a Cyprus company with registration no. ΗΕ 392517 and registered address 33 Agiou Athanasiou Avenue, Office 1st Floor, 4102, Agios Athanasios, Limassol, Cyprus (collectively referred to as “Simple”, “Company” or “we”). The Terms are not entered into with Apple, Inc. and any of its subsidiaries, or Google, Inc. and any of its subsidiaries, or any other entity as may apply.
If you have any questions about the Terms or our Services, please contact us at [email protected].
Please read the Terms carefully. By accessing and/or using our Services, you acknowledge that you accept and agree to be bound by the Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18 (Dispute Resolution by Negotiation and Binding Arbitration Agreement), do not use Simple. Your continued use of Simple will confirm your acceptance of these Terms.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SERVICES.
Long story short: We may change this document from time to time. If our changes may affect you or your rights, we will notify you in advance of such changes. If the changes are purely technical or are about adding descriptions of our new features, we may do so without notice.
We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g. technical corrections or description of a new feature) without notice.
Long story short: Simple can never substitute your doctor or other healthcare providers. It is neither a medical device nor does it provide any medical advice. Rather, Simple provides you with tools to support you on your wellness journey and help you live a healthier lifestyle. Simple also provides articles about intermittent fasting, nutrition, fitness etc., but the articles are provided purely for educational purposes so that you can make more thoughtful and informed decisions about your health and well-being. Whenever you have any concerns about your health or if you are unsure whether Simple and/or intermittent fasting is appropriate for you, please consult your doctor.
Long story short: Many special features of Simple App are available only with a premium subscription. You can buy a subscription either via the App Store / Google Play, or through our website using your credit/debit card or PayPal account. Your refund options depend on the way you purchased the subscription (e.g. If you purchased it through the App Store, you will be able to claim a refund via App Store support under their own rules. If you purchased the subscription via our website, you will only be able to claim a refund based on our Refund Policy). Apart from premium subscriptions, we also occasionally offer intro offers at a reduced price which automatically renew at the normal subscription price at the end of the intro offer period.
All regular subscriptions automatically renew at the end of your then current subscription period unless you turn off auto-renewal or cancel your subscription at least 24 hours before the subscription period ends. You can cancel your regular subscription at any time, and you will still be able to access the premium features until the end of the subscription period. If you cancel your subscription during your subscription period, you will not be refunded for the unused period.
We may offer commitment subscriptions providing you with the option to subscribe to Simple for a predetermined duration (3 months, 10 months etc.) at a reduced price per month. After the commitment period expires, the commitment subscription converts to a regular subscription which auto-renews monthly at the monthly subscription price applicable at the time of renewal. Generally, commitment subscriptions cannot be canceled until the commitment period expires, unless one of the exceptions mentioned in our Refund Policy applies. If none of the exceptions apply, you will need to pay a non-refundable cancellation fee of $29.99 (or its equivalent in any other currency) to cancel before expiration of the commitment period.
For the purposes of this Section, the term “subscription(s)” covers both regular subscriptions and commitment subscriptions, unless the contrary is specified.
Subscriptions auto-renew even if you are not actively using the App.
If you have any difficulties, concerns, or questions about your subscription, please contact us at [email protected].
3.1. Simple subscription. We offer subscriptions that grant you access to special features and content, including, but not limited to, personalized insights. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Simple regarding future functionality or features.
3.2. Billing. You may purchase a Simple regular subscription either through the Apple App Store/Google Play Store or through Simple’s website. Commitment subscriptions can only be purchased through Simple’s website. If you choose to purchase a regular subscription via the stores, payment will be charged to your credit/debit card through your App Store or Google Play account after you choose one of our regular subscriptions and confirm your purchase. Otherwise, the payment will be charged to your credit/debit card or PayPal account after you choose one of our subscriptions on the website and confirm your purchase.
When the subscription auto-renews, the payment is charged at the beginning of each billing period to the payment method you used during the initial subscription purchase. You authorize us to charge the applicable subscription fees to the payment method that you used.
3.3. Intro offers. We may offer users an intro offer period as part of the chosen subscription to experience the premium features at a reduced price. The intro offer period is considered a part of the subscription period regarding, among others, the right to cancel the subscription within the applicable cooling off period (if any). During the intro offer, you may either cancel your subscription no later than 24 hours before the intro offer period ends, or you may continue using the premium subscription at its normal price, and we will begin to charge you accordingly.
3.4. Renewal and Cancellation. Your paid subscription will automatically renew at the end of the applicable subscription period. To avoid unexpected charges, you can:
Please note that your purchased subscription does not cancel automatically if you delete the mobile application. You should cancel the subscription before the deletion of the mobile application.
Should you have any questions or concerns, please contact our support team at [email protected] for instructions on how to cancel your subscription.
3.5. Refunds. Your refund options depend on the way you have purchased your subscription.
3.6. Changes. We may from time to time make changes to our subscription plans, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use our subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, simply unsubscribe from the applicable subscription no later than 24 hours before the end of the subscription term to avoid getting charged any further.
3.7. Taxes. Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time depending on local tax requirements in your territory, city, state, or country. Any change in the applicable tax rate will be automatically applied based on the account information you have provided.
Long story short: We collect your personal data, including your health-related data if you provide it. You can read more about our privacy practices in our Privacy Policy.
We care about your privacy. Please read our Privacy Policy available at simple.life/privacy.htm.
The Privacy Policy is an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.
The Services are not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we know is a child under the age of 18.
If you are aware of anyone who does not comply with these limitations, please contact us at [email protected], and we will take steps to delete their account.
Long story short: You must be at least 18 years old to use the App. Upon registration, you will be required to create an account, for which you agree to provide accurate information about yourself. You are the one responsible for the security of your own account. In case you breach these terms, Simple may terminate your account.
5.1. To use the Services, you may be required to create an account and to provide certain personal information, which may include, among others, your name, gender, birth date, and e-mail address. You agree that you will supply accurate and complete information to Simple, and that you will update that information promptly after it changes. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
5.2. You may not create the account with a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
5.3. To create an account and access the Services, you must be at least 18 years old and not barred from using Simple under applicable law. You hereby represent and warrant to Simple that you meet such qualifications.
5.4. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
5.5. Simple has a right to suspend or terminate your account, with or without notice to you, if you breach the Terms.
Long story short: We allow you to use our Services only for your personal use. We specifically list the actions that are forbidden in respect of our Services: for example, you may not copy or decompile our application, disable its technological features, compile data from our application for the benefit of Simple competitors, engage in any illegal activities using our Services, or upload any inappropriate or offensive media.
You will only use the Services:
We can’t and won’t be responsible for your use of the Services in a way that breaks the law.
As a condition to using our Services, you agree that you SHALL NOT:
If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately.
Avo AI chatbot.
We also provide you with an AI chatbot called “Avo”. The chatbot is powered by Microsoft Azure OpenAI Service, and OpenAI (e.g. GPT – 4 Turbo API and GPT – 4 Vision API), with additional safety enhancements and controls unique to Simple. Microsoft Azure has the right to moderate communications within the chatbot; we reserve the right to grant similar rights of moderation to other vendors where needed, which will be promptly added to the Privacy Policy.
The chatbot doesn’t provide medical advice. Moreover, like most chatbots, it might occasionally be subject to bias and hallucination. Read this section carefully for more information on the prohibited use cases.
In a chat conversation, Avo will provide nutrition and wellness support. Avo can also act proactively by sending daily check-ins to users, troubleshooting issues that users may face, and providing recommendations for next actions for users. You may also be able to communicate with Avo via third-party messengers (e.g. WhatsApp).
Avo is not a licensed medical professional and does not have the ability to diagnose, treat or cure any medical condition. Any information provided by Avo is not intended to replace the advice provided by your healthcare provider or other medical professionals.
Please consult with your healthcare provider before starting any new diet or meal plan, including intermittent fasting. Any decision to begin intermittent fasting or any other health-related program is solely at your own risk. Simple is not responsible for any injury, illness or harm that may result from your use of our Services and/or the information provided by Avo specifically.
License Terms for uploaded photos.
By using our Avo Vision feature, for example to scan restaurant menus to examine the nutritional value of the foods mentioned in said menus, you grant us a transferable, revocable, and non-exclusive license to use your uploaded scanned menu photos to enhance our Services, including without limitation using such photos for our Simple Map feature. With this license grant, we may use these photos in the App and share them with other Simple users.
You can revoke the license to use your uploaded photos at any time by contacting [email protected]. Upon revocation of the license, Simple will delete such photos and would not make them available to other Simple users.
Any legal complaints/requests (e.g. for taking down photos) should be addressed to [email protected].
Long story short: From a legal point of view, when we provide our Services, it means that we export our software. Such export could be subject to certain U.S. export and re-export control laws. Since Simple must not provide its Services to the persons that are located in places subject to U.S. embargo or the persons that are listed as denied parties, we ask you to declare that you are eligible to receive our Services. Your declaration is legally binding, so please take it seriously.
The software that supports the Services may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR“) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC“), and the International Traffic in Arms Regulations (“ITAR“) maintained by the Department of State.
You represent and warrant that you are:
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related to them, nor any direct product of the Services is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations.
Long story short: Simple is the owner of its App and other parts of its Services, and Simple grants you a right to use its Services. This right has certain restrictions: for example, it’s only for personal use, you can’t transfer it to any other person, and you must not copy or create similar services based on Simple’s Services.
8.1. We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license (without the right to sublicense) to access and use the Services for personal and non-commercial purposes in accordance with the Terms.
8.2. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Services without prior express written permission from Simple, and such consent may be withheld for any or no reason.
8.3. You further agree not to download, display or use any content on the Services that are provided by Simple or its licensors for use in any publications, in public performances, on websites other than the Services for any other commercial purpose, in connection with products or services that are not those of Simple, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Simple and/or its licensors, that dilutes the strength of Simple or its licensor’s property, or that otherwise infringes Simple’s or its licensors’ intellectual property rights.
8.4. You further agree not to misuse any content published by Simple or third-party content that appears using the Services.
8.5. All rights, title, and interest in and to the Services not expressly granted through the Terms are reserved by Simple. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by Simple, you must first obtain our written permission. Permission requests may be sent to [email protected].
8.6. To avoid any doubt, Simple owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that Simple creates and makes available through the Services, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of any of the Services (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.
Long story short: Simple is neither a medical device nor does it provide any medical advice, Simple only provides you with tools to reach your wellness goals and live a healthier life. We do not make any guarantees as to the effectiveness of our Services, and you use them at your own risk.
Our goal is to help make certain wellness and health-related information more readily available and useful to you, however, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided through the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services, and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device.
Long story short: You should take all necessary actions to prevent others from accessing your account and your information. If someone has gained access to your account, inform us at [email protected], and we can help you deactivate your account.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account.
It is your sole responsibility to:
You grant Simple and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. Simple cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services, and shall not be responsible for any losses arising out of the unauthorized use of your account or information resulting from you not following these rules.
Long story short: We do not guarantee or claim that the Services will be uninterrupted, available in all the locations, that they do not contain any viruses, or that they will meet your requirements or expectations. Basically, we provide you with the Services “as is” and we don’t promise any specific improvements and do not guarantee any specific results.
11.1. Simple controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or their certain features may not be available in your location or may vary across locations.
11.2. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
11.3. Simple, and its directors, employees, agents, representatives, suppliers, partners, and content providers do not warrant that:
11.4. You use the Services at your own risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
11.5. No guarantee of specific results. We do not guarantee and do not promise any specific results from your use of our Services. You agree to bear the risks of interruption of the Services for any technical reasons.
11.6. No Medical Advice. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11.7. Since some states/countries do not allow limitations on implied warranties, the above limitations may not apply to you.
Long story short: This section limits the liability of Simple for any damages that arise in connection with these Terms. The liability shall always be limited to either the amounts you have paid to Simple or to 100$, if you haven’t paid anything to Simple.
12.1. In no event shall Simple, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential, or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of the Services.
12.2. In no event will Simple’s total liability arising out of or in connection with the Terms or from the use of or inability to use the Services exceed the amounts you have paid to Simple for use of the Services or $100 if you have not had any payment obligations to Simple, as applicable.
12.3. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. Nothing in the Terms excludes or limits our liability to you where it would be unlawful to do so. Where any provision is expressed to exclude or limit liability to a greater extent than permitted by applicable law, that provision shall be deemed to only exclude or limit our liability to the maximum extent permitted by applicable law.
12.4. Neither Simple, nor any third party mentioned on any of the Services, is liable for any personal injury, including death, caused by your use or misuse of the Services.
12.5. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the Services on a mobile device.
Long story short: If there are any external links in our Services, please note that we do not control such external services and we are not responsible for the content of such external links. The fact that we have made a link to some external services doesn’t mean that Simple endorses such services. As to linking our Services, you should not link to our content in any illegal or unfair way, or in a manner that damages our reputation, or for suggesting any form of association or endorsement where there exists none.
The Services may give you access to links to third-party websites, apps, or other products or services (“Third Party Services“). Simple does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services. Your linking to or use of any Third Party Services other than our Services is at your own risk. Simple’s inclusion of links to Third Party Services does not imply any endorsement of any kind by Simple of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of our Services. Simple disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You shall not link to our website, App, content, or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval, or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust, and change contextually, or make any other changes as we deem appropriate.
We are not obliged to monitor your access or use of the Services, however, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with the Terms, and complying with applicable legal requirements. We reserve the right (but are not required) to remove or disable any content posted to the Services or access to Services at any time without notice and at our sole discretion if we determine that your content or use of the Services is objectionable or in violation of the Terms.
We may refuse service, close accounts, and change eligibility requirements at any time.
Simple has no liability or responsibility to users of our Services or any other person or entity for the performance or nonperformance of any of the above.
Long story short: If Simple is subject to any claims due to your breach of the Terms, you agree to defend and indemnify Simple and any of its representatives against such claims.
You agree to defend, indemnify, and hold Simple, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or your violation of the Terms.
Simple reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us for defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Long story short: This section states that we will first try to resolve any dispute between you and us via informal dispute resolution. If we are unable to resolve the dispute amicably, you can initiate arbitration proceedings. Arbitration rules vary depending on whether you are a US resident or not. If applicable, you waive the right to trial by jury or to participate as a plaintiff or class in any class action or representative proceedings.
18.1. Initial Dispute Resolution via Negotiation
We strive to resolve disputes amicably and efficiently. You hereby agree that before initiating arbitration proceedings against us, we will negotiate in good faith and try to resolve informally any claim or demand you might have. The negotiations can take place without limitation via emails, calls, video calls or physical meetings.
If you have any dispute against us, you agree that before taking any formal action, you will contact us at [email protected], and provide a brief, written description of the dispute and your contact details. We will use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation between us.
Engaging in this informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. Therefore, you agree that you will only be able to initiate arbitration proceedings if your dispute or claim is not amicably resolved within 45 days from the date you informed Simple about it. The only exception to this timeframe is if Simple informs you in writing prior to the expiration of the 45-day period that it is unable or unwilling to settle your claim or dispute, in which case you can initiate arbitration proceedings immediately.
Any applicable statute of limitations and/or any filing fee deadlines shall be paused while we engage in the informal dispute resolution process required by this paragraph.
18.2. Binding Arbitration Agreement
You and Simple agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms, or your use of the Services, including the validity, enforceability, or scope of this arbitration agreement (collectively “Disputes“) through binding arbitration, except to the extent that:
For both of the above exceptions, the governing law and jurisdiction in Section 19 will apply.
Agreement to Arbitrate. By using or accessing our Services, you agree to resolve any Disputes exclusively through final and binding arbitration. Nevertheless, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). This agreement to arbitrate is intended to be broadly interpreted.
Arbitration Rules. The arbitration will be administered by the:
The AAA and ICDR rules are available at www.adr.org, and for the purposes of this Section they are collectively referred to as the “applicable rules”. Any rules or procedures governing or permitting class actions under the applicable rules are hereby excluded and are not enforceable.
Initiating Arbitration. To initiate arbitration, you must send us a notification requesting arbitration and describing the Dispute to [email protected] (cc [email protected]). For Simple to initiate arbitration, we must send you a notification requesting arbitration and describing the Dispute to the email address you used to subscribe to our Services or in any prior communication with us. The arbitration will be conducted by a single arbitrator selected in accordance with the applicable rules.
Arbitration Procedure and Location. The arbitration will be conducted by a single arbitrator selected in accordance with the applicable rules. If the parties are unable to agree upon an arbitrator within 15 days of delivery of the notification requesting arbitration, then the appointment of the arbitrator will be done in accordance with the AAA’s rules (for US users) or the ICDR’s rules (for non-US users).
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Simple submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the applicable rules. Subject to the applicable rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
For US users, the arbitrator will apply the substantive law of the state of Delaware; and for non-US users the substantive law of your country of residence, without regard to its conflict of laws principles. For US users, the arbitration will be conducted in the county where you reside, unless you and Simple agree otherwise. For non-US users, the arbitration will be conducted in a location reasonably convenient to both parties, unless you and Simple agree otherwise. In the event the parties cannot agree on the location of the arbitration, the selected arbitrator shall have authority to decide the place where the arbitration shall be conducted.
Arbitration Fees. The payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules (for US users) or the ICDR’s rules (for non-US users).
Authority of Arbitrator and Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the applicable rules, and these Terms; provided however that the arbitrator’s awarded damages must be consistent with the terms of the “Limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Simple, and judgment of the arbitration award may be entered in any court having jurisdiction thereof.
No Class Actions. You and Simple agree that each may bring claims against the other only in your or its individual capacity and NOT as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Simple agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Further, you acknowledge and agree that you and Simple are each waiving the right to a trial by jury.
Opt-Out. You may opt out of this arbitration agreement. If you do so, neither you nor Simple can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days from the date you first used any of our Services. Your notice must include your name, your Simple username (if any), the email address you used to set up your Simple account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to: [email protected] (cc [email protected]).
Changes. Changes to this section will become effective on the 30th day after posting an updated version of the Terms in our website (see “Effective Date” above), and will apply prospectively only to any claims arising after the 30th day.
Enforceability. If the waiver of class actions set forth in this section is found to be illegal or unenforceable as to all or some parts of a Dispute, then those parts shall not be resolved through arbitration but will proceed in a court of competent jurisdiction, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
19.1. These Terms shall be governed in accordance with the laws of the Republic of Cyprus.
19.2. To the extent that any action relating to any Dispute hereunder is for whatever reason not submitted to arbitration (as per Section 18 above), each of the parties submit to the exclusive jurisdiction of the courts of the Republic of Cyprus to settle any Dispute that may arise out of or in connection with these Terms and/or the Services, and that accordingly proceedings must be brought in such courts.
19.3. The parties irrevocably submit to the jurisdiction and venue of the courts of the Republic of Cyprus and waive any claims of improper venue or forum non conveniens.
19.4. If you are an EEA or Switzerland user:
Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
You agree that the Services, Terms, and any Disputes between you and the Company shall be governed in all respects by the laws of the Republic of Cyprus, without regard to choice of law provisions.
Long story short: This section outlines closing provisions about the timing to commence a claim, enforceability, severability, and other miscellaneous provisions.
20.1. Cause of action. Any claim or cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.
20.2. Severability and Enforceability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and the remainder of the Terms shall continue in full force and effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings.
20.3. No waiver. No waiver by Simple of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Simple to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
20.4. Assignment. Simple reserves the right to transfer or assign its rights and obligations under these Terms to any party, by any method, including novation. By accepting these Terms, you agree to such transfers and assignments. Posting online an updated version of these Terms that identifies another party as a participant will serve as valid notice of Simple’s transfer of rights and obligations, unless otherwise stated.
20.5. Electronic Communications. All communications through the Services are considered as electronic communications, unless otherwise stated. When you interact with us through the Services or other electronic means, including without limitation email, you are communicating electronically. You agree that we may communicate with you electronically and that these communications, including notices, disclosures, agreements, and other documents and messages, have the same legal effect as if they were provided to you in writing. You also consent to our use of third-party providers to manage these electronic communications securely and efficiently. By clicking buttons labeled “Submit,” “Continue,” “Register,” “I Agree,” or similar, you are providing a binding electronic signature and entering into a legally binding contract. Your electronic submissions indicate your agreement to be bound by these Terms. You consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records through the Services.
20.6. Force Majeure. Simple will not be held liable for any failure to comply with these Terms if such failure results from circumstances beyond Simple’s reasonable control.
20.7. Legal Guarantee. Under European consumer laws, users in Europe are entitled to a legal guarantee that Simple’s Services throughout the subscription duration are: a) in conformity with the contract, b) fit for the purpose for which they would normally be used, and c) of satisfactory quality and performance. Simple hereby confirms that it complies with all of the above guarantees.
20.8. Termination. Upon termination, all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
20.9. Translations. Any translation of the English version of these Terms is provided solely for your convenience. In case of any differences between the English version and any other translation, the English version shall prevail and shall be the only legally binding version.
Long story short: Here is the procedure if you think that any of the website materials might belong to you and might infringe on your copyright.
If you believe any materials accessible on or from the Services infringe your copyright, you may request the removal of those materials (or access thereto) from the Services by contacting Simple and providing the following information:
If you have any comments or questions regarding any part of the Services or the Terms, please feel free to contact us at [email protected].