Terms of Use

Effective date: February 13, 2024

These Terms of Use (the “Terms”) apply to your access and use of our Simple mobile application “SIMPLE: your nutrition guide” (the “App”), our website (simple.life), 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 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, Binding Arbitration), do not use Simple. Your continued use of Simple will confirm your acceptance of these Terms.


1. Changes to the Terms

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.

2. Important disclaimers

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.

  • You should NOT do intermittent fasting under these conditions: 
    • If you are pregnant or breastfeeding 
    • If you are underweight (BMI < 18.5)
    • Under 18 years old 
    • Over 80 years old 
    • Have a diagnosed eating disorder 
    • Have type 1 diabetes 
  • If you suffer from a medical condition, use medications, are over the age of 70, or intend to fast for longer than 18 hours, please consult your doctor before starting intermittent fasting.
  • You understand that the Services are not medical or healthcare services and that no physician-patient relationship exists.
  • The Services may not be appropriate for all persons and are not a substitute for professional healthcare services. The Services are intended only as a tool, which may be useful in achieving your overall health, fitness, and wellness goals. You acknowledge that your diet and exercise activities involve risks, which may involve the risk of bodily injury or death, and that you assume those risks. Before accessing or using the Services, you agree to release and discharge Simple from any and all action, known or unknown, arising out of your use of the Services.
  • Please consult with a licensed physician or other qualified healthcare providers before making any decisions or taking any actions that may affect your health and safety or that of your family or fetus.
  • Never disregard professional medical advice or delay in seeking it because of something you have read using our Services.
  • Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call emergency services or go to the nearest open emergency room immediately.
  • Developments in medical research may impact the wellness recommendations  that appear on the Services. No assurance can be given that the recommendations  contained in the Services will always include the most recent medical findings or developments.
  • We make no guarantees concerning the level of success you may experience, and you accept that the underlying risks will differ for each individual. The testimonials and examples that are provided on the Services are for reference purposes only and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness results can be duplicated in the future. We cannot guarantee your future results and/or success, nor can we guarantee that you will maintain the results you experience if you do not continue following the intermittent fasting programs.
  • In addition to all other limitations and disclaimers in the Terms, Simple disclaims any liability or loss in connection with the content provided through the Services.

3. Your Privacy

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.

4. Registration and Eligibility

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.

4.1. 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.

4.2. 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.

4.3. 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.

4.4. 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.

4.5. Simple has a right to suspend or terminate your account, with or without notice to you, if you breach the Terms.

5. Your use of the Services

Long story short: We allow you to use our Services only for your personal use. Also, 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.

We also provide you with an AI chatbot called “Avo”. Avo is powered by Microsoft Azure OpenAI Service. The chatbot doesn’t provide medical advice. Moreover, like most chatbots, it’s still subject to bias and hallucination. Read this section carefully for more information on the prohibited use cases.

You will only use the Services:

  • for your own personal, non-commercial use, and
  • not on behalf, or for the benefit, of any third party, and
  • only in a manner compliant with all applicable laws.

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:

  • sell, rent, lease, loan, sublicense, or otherwise transfer the rights or obligations from the Terms;
  • modify, reverse engineer, decompile, or disassemble the Services;
  • copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of Simple;
  • permit other individuals to use the Services, including but not limited to shared use via a network connection (unless allowed by the Terms);
  • bypass or disable any technology that protects the intellectual property rights of Simple;
  • use the Services in an attempt to, or in conjunction with any device, program, or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
  • use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
  • use your account to advertise, solicit, or send any business advertisements, including chain letters, spam e-mails, or repetitive messages to anyone;
  • use your account for illegal purposes;
  • upload and/or transmit any communications that infringe or violate the rights of any party;
  • upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit content, or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms; or
  • upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or any of our Services.

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.

Avo is an AI chatbot within Simple. 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). 

The chatbot is powered by Microsoft Azure OpenAI Service with additional safety enhancements and controls unique to Simple. Microsoft Azure and any other AI partners we may collaborate with in the future may have the right to moderate communications with the chatbot.

  • General note. As we strive to enhance and fortify the reliability of Avo, the responses provided by the chatbot still may contain biased, incorrect, harmful or misleading content. As Avo continues to evolve, we recommend that you independently verify the accuracy and suitability of any recommendations and ideas provided by the chatbot before relying on them. Additionally, we advise against sharing confidential information with Avo. While we are committed to improving the chatbot’s performance, it is ultimately up to the user to exercise caution and critical thinking when engaging with Avo.
  • Sending feedback. Users can easily send feedback to our team at [email protected] on what they’d like to see more or less while we continue to configure Avo.
  • Prohibited use-cases. Do not use Avo to generate content that is political, sexual, harassing or deceptive in nature, as well as spam or malware. Additionally, do not create content that promotes violence, self-harm, human trafficking or in any other way violates these Terms. Sharing confidential information with Avo is also strongly discouraged. Our chatbot is intended to provide support and guidance for your wellness journey, and we ask that you use the feature responsibly and in accordance with these Terms.
  • Disclaimers. Avo is designed to provide support and general recommendations for users. However, please be aware that the information provided by the chatbot is for general informational purposes only and should not be construed as medical advice or used as a substitute for professional medical advice, diagnosis, or treatment.

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.

6. Export and economic sanctions control

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:

  • not located in any country or region that is subject to a U.S. government embargo, and
  • not a denied party as specified in the regulations listed above.

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.

7. Limited License to the Services

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.

7.1. 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.

7.2. 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.

7.3. 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.

7.4. You further agree not to misuse any content published by Simple or third-party content that appears using the Services.

7.5. 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].

7.6. 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.

8. Use at your own risk

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.

9. Subscriptions

Long story short: Many special features of Simple App are available only with a premium subscription. You can buy a subscription either via 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 App Store, you will be able to claim a refund via App Store support under their own rules; if you purchased the subscription through our website, you will only be able to claim a refund based on our own Refund Policy). Apart from  premium subscriptions, we also occasionally offer trial subscriptions at a reduced price which automatically renew at the normal subscription price at the end of the trial period.

All subscriptions are automatically renewed at the end of your 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 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.

If you have any difficulties, concerns, or questions about your subscription, please contact us at [email protected].

9.1. 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.

9.2. Billing. You may purchase a Simple subscription either through the App Store/ Google Play  or through Simple’s website. If you choose to purchase the subscription via the stores, payment will be charged to your credit/debit card through your iTunes Account or Google Play account after you choose one of our 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.

The payment is charged at the beginning of each billing period.

9.3. Trial. We may offer new users a trial period as a part of the chosen subscription to experience the premium features at a reduced price. The trial 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 trial period, you may either cancel your subscription no later than 24 hours before the trial ends, or you may continue using premium subscription at its normal price, and we will begin to charge you accordingly.

Please note that trial offers are available for new users only: if you have previously benefited from a trial period (or a part of a trial period) for any of our subscriptions, you will not be entitled to another trial offer, even if you subsequently cancel your subscription and apply for a new subscription at some later date.

9.4. Renewal and Cancellation. Your paid subscription will automatically renew at the end of the applicable subscription period. To avoid unexpected charges, you can turn off auto-renew or cancel your subscription no later than 24 hours before the end of the subscription period. Your subscription can be canceled at any time in the “Manage Membership” section of your account settings.

  • If your subscription was purchased through our website: you may cancel automatic renewals of such subscription at any time prior to the renewal date in your account settings or by emailing us at [email protected].
  • If you purchased a subscription through the Apple App Store: you may cancel automatic renewals by selecting “Manage App Subscriptions” in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the current functionality of that platform.
  • If you purchased a subscription through the Google Play store: you may cancel automatic renewals in the account settings under the “Subscriptions” tab in the Google Play app, or according to the then-current process outlined by Google Play, or otherwise in accordance with the current functionality of that platform.

Please be aware 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 about it, please contact our support team at [email protected] for instructions on how to cancel your subscription.

9.5. Refunds. Your refund options depend on the way you have purchased your subscription.

  • If your subscription was purchased through our website: Generally, your purchases are non-refundable. However, sometimes we provide refunds: e.g.upon meeting certain criteria or where the laws of your jurisdiction provide you with a cooling off period. For further information on the refund rules please refer to our Refund Policy.
  • If you purchased a subscription through the Apple App Store or through the Google Play Store: The subscriptions purchased via the Apple App Store are subject to Apple App Store refund policies, while subscriptions purchased via Google Play Store are subject to Google Play Store refund policies. This means that we cannot grant refunds for such subscriptions. To claim a refund for a subscription purchased via App Store or Google Play, please contact App Store support or Google Play support accordingly.

9.6. Changes. We may from time to time make changes to our subscription options, 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, you can reject the change by unsubscribing from the applicable subscription no later than 24 hours before the end of the subscription term.

9.7. 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 country, state, territory, or city. Any change in the applicable tax rate will be automatically applied based on the account information you have provided.

10. Account Security

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:

  • control the dissemination and use of sign-in name and passwords;
  • authorize, monitor, and control access to and use of your account;
  • promptly inform Simple if you believe your account has been compromised or if there is any other reason you need to deactivate your account. Send us an email at [email protected].

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.

11. Warranty Disclaimer

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.


11.3. Simple, and its directors, employees, agents, representatives, suppliers, partners, and content providers do not warrant that:

  • The Services will be secure or available at any particular time or location;
  • Any defects or errors will be corrected;
  • Any content or software available at or through the Services is free of viruses or other harmful components; or
  • The Services will meet your requirements.

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.

12. Limitation of liability

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.”

13. Use of mobile devices

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.

14. Third-Party Services

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.

15. Your feedback

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.

16. Enforcement rights

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.

17. Indemnity

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.

18. Dispute Resolution by Binding Arbitration

Long story short: This section states that any disputes that we might have with US residents, will be settled by arbitration. You waive the right to trial by jury or to participate as a plaintiff or class in any class action or representative proceedings.

Governing Law. If you are a resident of any European country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws of your usual place of residence.

If you reside in the United States, the arbitration agreement in this Section applies to you. Please read it carefully.

If you do not reside in the United States, and you nevertheless attempt to bring any legal claim against Simple in the United States, this arbitration agreement will apply for determination of the threshold issue of whether this Section 18 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

Arbitration. You agree that any dispute, claim, or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Simple, except that each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and Simple are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Simple otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Terms.

Arbitration rules and governing law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration location and procedure. Unless you and Simple agree otherwise, the arbitration will be conducted in the State of Delaware (unless the arbitrator selects another one if the selected place is unreasonably burdensome to either party). 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 you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA 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.

Arbitrator’s decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. 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 may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. 

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Simple changes this “Dispute Resolution” section after the date you first accepted the Terms (or accepted any subsequent changes to the Terms), you may reject any such change by providing Simple written notice of such rejection by email to: [email protected], within 30 days of the date such change became effective, as indicated in the “Effective date” above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Simple in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

19. Miscellaneous

Long story short: This section outlines closing provisions about the timing to commence a claim, enforceability, severability, and other common provisions.

19.1. 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.

19.2. 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.

19.3. 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.

19.4. 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. Notice and takedown procedures

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:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a URL, copy or the location (e.g., application page) of an authorized version of the materials.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, and e-mail address.
  • A statement that you have a good faith belief that the use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

21. Questions and comments

If you have any comments or questions on any part of the Services or any part of the Terms, please feel free to contact us at [email protected].

The registered office of Simple is at 8 The Green, Ste A, City of Dover, County of Kent, DE 19901, USA.