Terms of Use

Last Updated: June 20, 2017

1. General

These Terms of Use (“Terms”) are a legally binding agreement between Simpler Apps Inc. ("Simpler", “Company”, "we" or “us”) and between you. These Terms constitute the entire agreement between you and the Company concerning your use of Simpler's website available at: https://www.simplercontacts.com/ or any of Simpler's applications (“App”), including: Simpler Contacts, Smart Merge, Cleaner, Easy Backup, Text 2 Group, Mail 2 Group, Simpler Dialer, Simpler Merge, Simpler Backup & Simpler Dialer (collectively, "Services").

Please read the Terms of Use carefully before installing or using our Services. By accessing and using the Services or downloading and installing the App you acknowledge that you have read these Terms of Use and our Privacy Policy, as may be amended from time to time. If you do not agree to any of the Terms you should immediately stop using the Services and remove the App from your device.

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 request.

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 and ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.

If you have any questions about these Terms, please contact us.

 

2. What do we do?

Simpler offers you different contacts' management solutions such as: contacts backup & restore, merge duplicates, cleanup, group texting, group sharing & smart dialer, sync of your contact with your social network picture and additional solutions, features and enhancements as may become available by Simpler from time to time. Simpler also allow you to automatically identify incoming calls (“Caller ID”) and to perform a manual number search to easily find relevant contacts.

 

3. Eligibility

Our Services are not direct or intended for children, as follows: (i) US residents under 13 years of age; (ii) EU residents under 16 years of age; or (iii) as children are otherwise defined under applicable law. We will not knowingly solicit, collect and store Personal Data directly from children. If you are under 18, please be sure to read the terms of this Privacy Policy with your parents or legal guardians. If we later obtain actual knowledge that a User is considered as a child under applicable law, we will take steps to immediately delete its Personal Data. We request that such individuals do not provide Personal Data through the app. If you become aware or have any reason to believe that a child has shared any information with us, please contact us.

4. Creating an account

In order to fully use the Services you must register and create an account. 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 accepting the Terms, 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.

5. Payment and Fees

We offer a version of limited Services for free. In order to enjoy the full scale of the Services that we offer, you may be required to pay the applicable fees assessed to your account all payments are through the app store and are subject to their terms and refund policy. Further, your mobile carrier may impose fees when you use some of the Services (i.e., group messaging service, dialing, texting), 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.

6. License and Restriction of Use

Subject to your full 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. Simpler is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Services or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Services or for any of the reasons for termination as mentioned below. All our intellectual property assets (“IP“) including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party. Except as expressly stated herein, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our Services, without our prior written permission. You hereby warrant that you will not make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer You represent and warrant that any download, install, use or access you make with the App 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:

  1. Violating laws, rules, regulations, applicable policies and third party rights.

  2. 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.

  3. 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.

  4. Interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.

  5. 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.

 

7. Privacy

Your information and Content will be treated in accordance with our Privacy Policy, which describes how we access, use, store and disclose your information and Content when you use the Services, and is incorporated in these Terms by reference. By accessing and using the Services, you agree and understand that we will use your information and Content as set forth in our Privacy Policy, and you allow us to do so.

8. Permissions and User's Choice

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 third 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.

By using our Services, you acknowledge and agree that we will share contact information with other users our affiliates and business partners for the purpose of ensuring that their current contact information is up to date. You acknowledge that you have the rights and permissions required to allow us to share such contact information. 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.

If you prefer that we will not disclose your contact you may opt-out by following the instructions in our Privacy Policy (under “Opt-out options”). In this case, we shall not continue to disclose your Contact Information. At any time, you and other contacts may choose to opt-out from presenting contact information to other users (Caller ID), by following the instructions in our Privacy Policy (under “Opt-out options”).

 

9. Disclaimers and Limitation of Liability

To the maximum extent permitted (or otherwise not prohibited) under applicable laws, the Services 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. You acknowledge and agree that your use of the Services is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to your well-being, your computer system, mobile device or any other device used to access the Services, or data stored on such devices, is solely yours. The Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Company shall not be responsible and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; or (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications.

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.

 

10. 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 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.

11 .Governing Law

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by this enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to the Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to The Service may be brought no later than one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

 

General Terms:

  • The Company reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.

  • Failure by Simpler to exercise any right or remedy under the Terms 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.

  • You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without the Company’s prior written approval.

Contact Information

If you have any questions about the Privacy Policy, please contact us here or:

Simpler Apps Inc.
540 President Street, 3rd Floor
Brooklyn, NY, US, 11215