Terms of Service
Note: These are the new Terms of Service which take effect from Wed 14th Sept 2016. The old Terms are here.
We (the folks at Simpl App Ltd) produce a Website Builder service called Simpl and we would love for you to use it. Simpl is free to try, and we offer payment options for various purchases. Our service is designed to give you as much control and ownership over what goes on your website as possible and to encourage you to express yourself freely. However, please be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your website or get linked to from your website (things like spam, viruses, or sexualised, violent, defamatory or hateful content).
You can check our full Terms of Service below to get a sense of the types of websites that are welcome on our service (or not!). If you find a Simpl website that you believe violates our terms of service, please contact us.
Terms of Service:
The following terms and conditions govern all use of the Simpl Website Builder Service ("Simpl") in its entirety and all content, services and products available at or through the Simpl App or Apps, Accounts, Website Hosting Service, Main Website and all User Websites, including, but not limited to, the Simpl iPhone and iPad App ("the App") available on Apple's App Store, the Simpl User Account ("Account"), the Simpl Website Hosting Service ("WHS"), the Simpl Cloud Restore Service ("Cloud Restore"), the Simpl Main Website located at http://simpl.com ("Main Website"), the Simpl Support Website located at http://simpl.zendesk.com ("Support Website"), the Simpl Guide To Website Success located at www.website-success.com ("Website Success") and the Simpl User Website including any and all sub-domains created as part of, under or within the domain http://simpl.com in the format http://[username].simpl.com ("User Website"), (taken all together, "Simpl").
Please read this Agreement carefully before accessing or using Simpl. By accessing or using any part of Simpl, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Simpl, or use any services. If these terms and conditions are considered an offer by Simpl, acceptance is expressly limited to these terms. Simpl is available only to individuals who are at least 13 years old.
Your Simpl Account and User Website. If you create a User Website using the App and your Account, you are responsible for maintaining the security of your copy of the App, your Account and your User Website, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the App and User Website. You must not describe or assign keywords to your User Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Simpl App may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Simpl App liability. You must immediately notify Simpl App of any unauthorised uses of your User Website, your Account or any other breaches of security relating to Simpl. Simpl App will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Operating, accessing or updating the User Website by any means other than the App and your Account is strictly prohibited.
Responsibility of Contributors. If by using the App you operate a User Website, comment on the User Website, post material to the User Website, post links on the User Website, or otherwise make (or allow any third party to make) material available by means of the User Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licences relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated
- the Content does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, sexually-explicit, sexualised, or offering or promoting sexual services;
- the Content is not defamatory and does not contain threats or incite hatred or violence towards individuals, groups or entities
- the Content does not violate the privacy or publicity rights of any third party;
- your User Website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your User Website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your User Website's URL, username, name, domain name or sub-domain is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Simpl App or otherwise.
By submitting Content to Simpl for inclusion on your User Website, you grant Simpl App a world-wide, royalty-free, and non-exclusive licence to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your User Website. If you delete Content, Simpl App will use reasonable efforts to remove it from the User Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and may be stored indefinitely by search engines and other third party services over which Simpl App has no control. Without limiting any of those representations or warranties, Simpl App has the right (though not the obligation) to, in Simpl App's sole discretion (i) refuse or remove any content that, in Simpl App's reasonable opinion, violates any Simpl App policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the User Website to any individual or entity for any reason, in Simpl App's sole discretion. Simpl App will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal:
- General Terms Optional paid services may be available such as Simpl WHS subscriptions (administered via one or more of Simpl’s Main Website, Apple's iTunes Store, Apple's App Store, or PayPal), domain name purchases, or any other purchase made available through the App or Main Website (any such services, a "Product"). By selecting a Product you agree to pay Simpl App the monthly or annual subscription fees, or the one-off fee, as applicable, as indicated for that service. Payments will be charged on a pre-pay basis on the day you purchase a Product and will cover the use of that service for a monthly or annual subscription period where indicated. Product fees are not refundable.
- Automatic Renewal Unless you notify Simpl App before the end of the applicable subscription period that you want to cancel a subscription-based Product such as the WHS, your Product subscription will automatically renew and you authorise Simpl App to collect the then-applicable annual or monthly subscription fee for such Product (as well as any taxes) using any credit card or other payment mechanism we have on record for you via Simpl’s Main Website, Apple's iTunes Store, Apple's App Store, or PayPal. Subscription-based Products can be cancelled at any time after purchase by following the instructions provided on the Main Website and Support Website at http://simpl.zendesk.com.
Simpl Account and Simpl Website Hosting Service
- Free Hosting Period. By signing up for an Account you are entitled to a free website hosting period of 30 calendar days, unless a longer period has been specified in writing, during which you will have free access to the WHS in order to publish and update your User Website. The free hosting period may only be used once by each user.
- Fees & Payment. By subscribing to the WHS you agree to pay Simpl App the setup fees and monthly hosting fees as indicated at http://simpl.com through Simpl’s Main Website, Apple's iTunes Store, Apple's App Store, or PayPal, in exchange for the services listed on the Main Website and App Store Description. Applicable fees for the first month’s hosting may be invoiced up to 14 days prior to the end of your free hosting period. Simpl App reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. The WHS can be cancelled by you at anytime on 30 days written notice to Simpl App, or by cancelling from your iTunes or PayPal account as appropriate, or by cancelling directly from your bank account or credit card account, and ensuring that your subscription cancellation request is completed no less than 24 hours before your subscription renewal is due.
- Support. The WHS includes access to support. "Support" means the ability to access the Support Website which is at http://simpl.zendesk.com, to make requests for technical support assistance by opening a help ticket at any time (with reasonable efforts by Simpl App to respond within five business days) concerning the use of Simpl. All WHS support will be provided in accordance with Simpl App standard practices, procedures and policies.
- Restricted Use. You may not use Simpl to substantially replicate products or services offered by Simpl App, including the republication of Simpl content or the Main Website content or the creation of a separate publishing platform. If Simpl App believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access Simpl may be temporarily or permanently revoked, with or without notice.
Responsibility of Website Visitors. Simpl App has not reviewed, and cannot review, all of the material, including computer software, posted to the User Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the User Website, Simpl App does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems and mobile devices from viruses, worms, Trojan horses, and other harmful or destructive content. The User Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The User Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Simpl App disclaims any responsibility for any harm resulting from the use by visitors of the User Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the User Website links, and that link to the Main Website or the User Website. Simpl App does not have any control over those non-Simpl websites and webpages, and is not responsible for their contents or their use. By linking to a non-Simpl website or webpage, Simpl App does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Simpl App disclaims any responsibility for any harm resulting from your use of non-Simpl websites and webpages.
Copyright Infringement and DMCA Policy. As Simpl App asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by a User Website violates your copyright, you are encouraged to notify Simpl App immediately. Simpl App will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Simpl App will terminate a user's access to and use of the User Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Simpl App or others. In the case of such termination, Simpl App will have no obligation to provide a refund of any amounts previously paid to Simpl App.
Intellectual Property. This Agreement does not transfer from Simpl App to you any Simpl App or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Simpl App. Simpl, Simpl.com, www.simpl.com, the "S." app icon logo, and all other trademarks, service marks, graphics and logos used in connection with Simpl, or the Main Website or User Website may be trademarks or registered trademarks of Simpl App or Simpl App's licensors. Other trademarks, service marks, graphics and logos used in connection with the User Website may be the trademarks of other third parties. Your use of the User Website grants you no right or license to reproduce or otherwise use any Simpl App or third-party trademarks.
Advertisements. Simpl App will not display advertisements on the User Website.
Changes. Simpl App reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Simpl or the User Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Simpl App may also, in the future, offer new services and/or features through Simpl (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Simpl App may terminate your access to all or any part of Simpl and especially the WHS and User Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Simpl Account (if you have one), you may simply discontinue using Simpl. Notwithstanding the foregoing, if you have a Product subscription, such account can only be terminated by Simpl if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Simpl App's notice to you thereof; provided that, Simpl App can terminate the User Website immediately as part of a general shut down of our service for maintenance or other purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Simpl and the User Website is provided "as is". Simpl App and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simpl App nor its suppliers and licensors, makes any warranty that Simpl or the User Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Simpl and the User Website at your own discretion and risk.
Limitation of Liability. In no event will Simpl App, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Simpl App under this agreement during the twelve (12) month period prior to the cause of action. Simpl App shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Simpl App, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Simpl, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Simpl App and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Simpl App, or by the posting by Simpl App of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Simpl will be governed by the laws of England and Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the normal civil courts of England and Wales, including if necessary the Supreme Court of the United Kingdom, the Court of Appeal and the High Court of England and Wales. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the standard rules of The London Court of International Arbitration or, if that body is unavailable for any reason, the International Chamber of Commerce, by the process which that body determine. The arbitration shall take place in England and Wales, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simpl App may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.