Terms of Use

Last Updated: December 04, 2016


Thank you for using an app by Simpler Apps, offered by YT Dev LTD ("Simpler").

Simpler offers its users contacts management solutions such as: contacts backup & restore, merge duplicates, cleanup, group texting, group sharing & smart dialer and/or additional solutions or features as may become available from time to time.

This Terms of Use document ("Terms") controls and governs all of Simpler's services, which amongst are: Simpler Contacts, Smart Merge, Cleaner, Easy Backup, Text 2 Group, Mail 2 Group, Simpler Dialer, Simpler Merge, Simpler Backup & Simpler Dialer ("The Services") and also Simpler's website: www.simplercontacts.com (the “Site”).

 

Accepting the Terms

By accessing or using our services, you confirm that you have read the Terms and conditions, that you understand them and that you agree to be bound by them and by Simpler's Privacy Policy ("Privacy") available at: Privacy Policy and incorporated by reference to these Terms.

IF YOU DO NOT UNDERSTAND AND/OR AGREE TO THE TERMS OR PRIVACY, YOU SHOULD IMMEDIATELY EXIT AND AVOID MAKING ANY USE OF SIMPLER'S SERVICES.

                                              

Who May Use the Services

Any use or access by anyone under the age of 13 is prohibited. By accepting the terms, you declare that you are at least 13 years or older and that you have the legal capacity to enter this agreement, including consent of your parent or guardian (where applicable) to use The Services.

 

Changes to Terms, Privacy Policy or Services

These Terms and privacy ("Modified Terms") are subject to change at any time, effective upon the posting of an updated version of them. Once we change any of the modified terms, you will be notified, either by posting the Modified Terms within The Services, or through other communications. Also, The "Last Updated" field above and in the privacy policy will be updated with the date of change. You are responsible for regularly reviewing the Modified Terms. If we make material change, we will notify you by posting a message via the Services 7 days before such material change becomes effective. You hereby declare that by using The Services after we have posted the Modified Terms shall constitute your consent to the Modified Terms. If you don’t agree to be bound by Modified Terms, then you may no longer use The Services.

 

Creating an account

In order to fully use the Services you should create an account. Creating your account can be done either by providing an E-mail address, or by signing up via certain third-party services such as Google plus or Facebook. You agree to keep your account credential secret and secure. You also agree to inform us immediately of any unauthorized use of your Account. By clicking "accept", you declare that you are responsible for all activities taken under your Account. Once you create an account, you will automatically join to our mailing list. You can choose to remove your email address from that mailing list by choosing the "unsubscribe" link at the bottom of any email communication we send to you.

 

Fees

We offer a version of limited Services for free. In order to enjoy the full scale of the Services that we offer, you are required to pay the applicable fees assessed to your Account. We maintain no refund or cancellation policy of any paid fees.

 

Carrier Fees

Your mobile carrier may impose fees when you use some of the Services, (for example: group messaging service, dialing, texting), as defined by each and every mobile operator; Such carrier fees are subject to your own engagement with your mobile carrier and that carrier respective policies. It is your responsibility to pay those charges, if imposed.

 

Maintenance and Support

We are aiming at providing our users with the best support for our Services and to constantly improved them: We created different tools to help our users, address frequently asked questions and additional technical and general support issues. Also, we test frequent updates, maintenance, error shooting and additional means in order to improve the Services.

However, we do not undertake to keep operate any of the above, and we reserve the right to change, reduce, limit or terminate our maintenance and support efforts.

 

License Grant

Subject to your compliance with the terms and conditions of these Terms and with applicable laws and regulation, we grant you a world-wide, limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in a format of an application, and to run such copy of the App and the Service solely for your own personal non-commercial purposes. Simpler reserves all rights in and to the App and the Services; Any right that is not expressly granted to you under these Terms is expressly reserved by Simpler.

You hereby declare that you understand that the applicable App Store (Apple App store, Google Play or any other store, if becomes available) is a third party beneficiary of these Terms, and has the right to enforce these Terms against you, under certain circumstances and given jurisdictions.

 

Restrictions on Use

Any download, install, use or access you make with the App and/or the Services is under your own choice and responsibility. You represent that any use you make of the Services will not constitute or otherwise include any Prohibited Conduct.

 

Prohibited Conduct” shall mean to include, but not limited to, the following:

  • Violating laws, rules, regulations, applicable policies and/or 3rd party rights: you may not (a) use any service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;

  • Copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or Services;

  • Except as explicitly permitted under these Terms, share or permit others to use the App or Services, rent, lease or transfer the Services or any rights to use them;

  • Delete or modify any attributions, legal notices or other proprietary designations or labels on the App, or Services, or on any third party material contained or otherwise available therein; Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation. interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services;

  • Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services, or violating any regulation, policy, or procedure of any network, equipment, or server;

  • Harming others: You may not post or transmit content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You may not intimidate or harass another through the Services

  • Harming others: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the services; You may not use or attempt to use another’s account or personal information; You may not attempt to gain unauthorized access to data or the Services, or the computer or mobile systems or networks connected to the Services, through hacking password mining or any other means; Otherwise violating these Terms or creating liability for us.

 

Permissions

In order to use the App and effectively utilize the Services you are required to provide an access to your contacts, including related details that are save under such contacts as they are saved in your system, phone numbers and any other data that is saved under your phonebook directory. You are solely responsible and liable for the use you make of your contacts list, including providing 3rd party applications to provide services related to such list. You hereby represent and warrant that you own all rights, titles and interests required for you to use of the Services in the manner contemplated herein.

 

You hereby grant us a worldwide, non-revocable, royalty-free, sub-licensable and transferable license to use your contact list for the purposes of providing the Services, operate them and constantly improve them, including for the purpose of introducing new features when they become available, to reproduce, distribute, make derivatives of it and use it in order to promote the Services.

 

Content

You are solely responsible for the content (including, but not limited to, messages and contacts) that you upload, share, backup or transmit through our Services, manually or automatically (“Your Content”). We reserve the right, but under no obligation, to review any of Your Content that you have submitted via the Services and in some cases may share it with third party as described in length under the App Privacy Policy.

Some content you may find through our Services may have been submitted by third parties, and Simpler is not be liable for any of such third party content, links to Third Party Websites or Resources which may be available from time to time via the Services.

 

Enforcement by Simpler

If we do decide to review and monitor any of Your Content, or if otherwise we receive any complaint by 3rd party about Your Content that is found to be justified, we reserve the right to delete or remove Your Content from our Services for any reason, in our sole judgment, including if we think that you have violated these Terms. We may also suspend or terminate your Account and/or report you to law enforcement authorities, as the case may be.

 

Ownership

By accepting these Terms, you acknowledge that all intellectual property rights in our Services are owned by us. Simpler and its applicable licensors retain all rights, titles and ownerships in and of to the App and the Services or any part thereof, including without limitation, any copyrighted material related thereto or included therein, design and layout, content, features, trade-names, trademarks, service marks and logos, database, registered or not (the “Protected Materials”). Except as expressly provided under these Terms, you may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Protected Materials, without our (or our applicable licensors) prior explicit written consent.

 

You are most welcome to provide, , and we are always open to receive, any suggestion, idea, feedback, translation or recommendation to our Services (“Feedback”); Such Feedback will not be subject to any copyright or an other intellectual property right and we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a world wide, irrevocable, royalty-free, sub-licensable right and license to use and exploit in any manner any and all Feedback. We may, without notice to you, assign our rights and obligations under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.

 

Termination

We may cancel your access to the Services, at our sole consideration, at any time and for any reason, with or without notice to you, unless you upgraded to a premium (paid) account. You may choose to cancel your Account and delete your data at any time by sending us an email to: support@simplercontacts.com. Your request must include the subject line: “Request to Delete My Data” and a clear statement that you want to terminate your Account and delete your data in the email body. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, licenses, ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.

 

Warranty Disclaimers

To the maximum extent permitted (or otherwise not prohibited) under applicable laws, the App, Services and content are provided "as is" with no express, statutory or implied warranty of any kind, including without limitation, for: (a)accuracy or accessibility; (b) that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, including without limitation, those warranties of title, non-infringement, merchantability, suitability or fitness for a general or particular purpose; (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and any related content. The use of the Services is under your sole risk and responsibility.

 

Indemnity

You agree to defend, indemnify and hold harmless Simpler, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMPLER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF SIMPLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLER SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Governing law

These Terms, and unless otherwise expressed, any Modified Terms are governed by the Israeli law, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Israel shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the Israeli courts, Tel Aviv district. The place of performance shall be Israel.

We provide no warranty or guarantee that The Services or information available on it complies with laws other than those of Israel.

 

General Terms

Failure by Simpler to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Simpler.

 

Contact Information

If You have any questions about these Terms, please contact us at support@simplercontacts.com