Simple AI Terms of Use
Last Updated: Nov 20, 2024
Thank you for your interest in Simple AI Lab Company (“Simple AI,” “we,” or “us”). These Terms of Use are a legally binding contract between you and Simple AI regarding your access and use of our website at https://usesimple.ai/, including subdomains of that website and additional sites we add from time to time (the “Site”), our AI Assistant, our mobile applications (“Apps”), and other services, content and products available via our websites and Apps (together with the Site, AI Assistant and Apps, the “Services”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY, INCLUDING THE AGREEMENT TO ARBITRATE IN SECTION 9. SECTION 9 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH REQUIRES ANY DISPUTES RELATING TO THESE TERMS TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION INSTEAD OF IN COURT OR BY PARTICIPATING IN CLASS ACTIONS.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR ACCESS OR USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”), INCLUDING ANY ADDITIONAL TERMS (AS DEFINED BELOW IN SECTION 10.5). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE OR SUBSCRIBE TO ANY OF THE SERVICES. YOUR ACCESS TO OR USE OF THE SERVICES, AND SIMPLE AI’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY SIMPLE AI AND BY YOU TO BE BOUND BY THESE TERMS.
As we update our Site and expand our Services, we reserve the right to modify these Terms at any time, in our sole discretion, by posting the modified Terms through the Services or on our Site (or any other reasonable way to notify you of the changes). Any changes will be in effect as of the “Last Updated” date referenced in the Terms. YOUR CONTINUED USE OF THE SERVICES AFTER THE “LAST UPDATED” DATE WILL CONSITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES. We recommend that you check the “Last Updated” date regularly.
- Use of Services.
In accessing and using our Services, we ask that you meet certain eligibility and conduct requirements (in addition to other conditions described in these Terms).
- Eligibility. You must be at least 18 years old to use or order the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from any services provided by Simple AI; (c) your use of the Services is in compliance with any laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you use the Services; (d) you are not located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; and (e) you are not on any of the U.S. government lists of restricted end users. If you place an Order for any of our Services on behalf of an organization or company, you affirm you have the legal authority to bind such organization or company to these Terms.
- Your Conduct. BY ACCESSING OR USING THE SERVICES, YOU AGREE NOT TO:
- use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
- share any log-in details or passwords for the Services, or any other information that is part of our security procedures, with any other person;
- conduct, facilitate, authorize or permit any text or data mining, web scraping or indexing (whether manual or automatic) in relation to the Services or any data, content, information or services provided via, or in relation to, the Services for any purpose, including the development, training or validation of artificial intelligence systems or models, except to the extent we are not permitted to restrict those activities under applicable law;
- interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (ii) interfering with or disrupting any network, equipment or server connected to or used to provide the Services; or (iii) deliberately using computer resources beyond those required for your personal use of the Services;
- use the Services for any commercial purpose, including marketing, advertising, telemarketing, providing information about any product or service, or debt collection;
- use the Services to communicate with any third party that has: (i) not given you express written consent to contact them using the Services; (ii) withdrawn their previously-given consent to contact them using the Services; or (iii) placed their number on the National Do-Not-Call Registry (or any similar do-not-call list in your country or the country where the third party resides or is located);
- use the Services to leave a voice telephone message without (i) first stating the identity of the party responsible for initiating the call, and (ii) stating clearly the telephone number of the party responsible for initiating the call;
- perform any fraudulent or deceptive activity, including impersonating any person or entity, claiming a false affiliation or phishing;
- perform any activity, or transmit any content, that may be discriminatory, hateful, degrading, threatening, harassing, intimidating, violent, obscene, indecent, pornographic, libelous, defamatory, exploitative or in violation of another’s rights (including privacy rights);
- sell, resell, lease or otherwise transfer the access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials, including through framing, mirroring or service bureau use;
- perform any competitive benchmarking or monitor usage, performance or availability of the Services;
- remove any trademark, copyright or other proprietary notice from the Services or any Materials; or
- attempt to do any of the acts described in this Section 1.2 or assist or permit any person in engaging in any of the acts described in this Section 1.2.
- Modification of the Services.
- We reserve the right to modify or discontinue any and all features of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We may, at any time, suspend or terminate your right to use the Services, including access to your account or data.
- When you subscribe to a paid Service, you may be required to pay in advance for a certain period (a “Subscription Period”). If you have prepaid fees directly to Simple AI to use a Service for a Subscription Period and we permanently discontinue the Service before the end of that Subscription Period, Simple AI will refund you the prorated portion of the prepaid fees for the Subscription Period after that discontinuation.
- Except as described in the previous sentence, Simple AI will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services. In particular, Simple AI has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Service outages or failures that are caused by third parties, governmental authorities, or events beyond our control.
- Ownership; Licenses
Elements of our Site and the other Services contain our proprietary information and intellectual property rights. We grant you a limited license (as described below) to allow you to access and use our Site for personal use, so long as you continue to comply with our Terms.
- Ownership; Proprietary Rights. The Services are owned and operated by Simple AI or its third-party licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by Simple AI contain elements that are protected by intellectual property and other laws. All Materials included in the Services are the property of Simple AI or its third-party licensors. Except as expressly authorized by Simple AI, you may not make use of the Materials. Simple AI reserves all rights to the Materials not granted expressly in these Terms.
- Limited License. Subject to your complete and ongoing compliance with these Terms and the instructions we provide in connection with the Services, Simple AI grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions, or additions to our Services we make available to you. These Terms do not grant you any ownership interest in or to the Services, but only a limited right of use that can be revoked according to these Terms.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, create derivative works of, or publicly perform the Services; (b) make modifications to or disable any features of the Services; (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism; (d) collect or harvest any information or data from the Services or attempt to decipher any transmissions to or from the servers running the Services; or (e) do anything prohibited by Section 1.2, except to the extent we cannot restrict that activity under applicable law. If you are prohibited under applicable law from using the Services, you shall not use them.
- Trademarks. All names, trademarks and logos that we display on or use in connection with the Services are owned by Simple AI or its affiliates or licensors. You are not granted any rights to use any of those names, trademarks or logos.
- User Content; Feedback.
Some of our Services may allow you to share content to our Sites. You own your content, but we ask that you only post content you have a right to post and that do not violate any laws or others’ rights.
- User Content License. When you upload, transmit, create, post, display, email or otherwise provide any comments, messages, files, materials, data, photos, videos, media and other content (“User Content”) on or through the Services, you hereby grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform, and publicly display such User Content (the “User Content License”) to the full extent allowed by applicable law. We may use User Content for purposes such as marketing. We are not responsible if any of your content or other data is lost, for how other users may use or interact with your content, or for other users’ content. Do not submit any information or other materials that you consider confidential or proprietary through the Site, any emails of Simple AI employees or social media platforms for Simple AI or Simple AI’s employees.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Simple AI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. You also irrevocably waive any moral rights (such as rights to be identified as the author) and similar rights in any feedback you submit. You represent and warrant that you have all rights necessary to submit the Feedback.
- Monitoring. We may (but have no obligation to) monitor, evaluate, alter, or remove User Content before or after it appears on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy https://usesimple.ai/legal/privacy, we may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
- Representations. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; AND (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ALL APPLICABLE LAW.
- Third-Party Services. The Services may contain links to, or otherwise be integrated with, third-party websites or other content, services and software provided by third parties (“Third-Party Services”). Third-Party Services are not under Simple AI’s control, and Simple AI is not responsible for their content or liable for any damages or losses that are caused by any Third-Party Services. Your use of Third-Party Services may be subject to additional terms and conditions made available by the applicable third parties.
- Terms of Sale.
- Account. When you sign up to use or access a Service, including when you start to subscribe to a Service (an “Order”), you may be asked or invited to create an account with us. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
- Payment Methods. We use a third-party payment processor (the “Payment Processor”) to handle payments for the Services. The Payment Processor will handle your payment card data. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By subscribing to a paid Service, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. If you use the Services to make a payment to a third party (including for Third-Party Orders, as defined below), you will provide your payment information to that third party rather than us, and we will not be responsible for processing that payment.
- Orders from Us. Each Order that you submit to us constitutes an offer to purchase, and by submitting an Order to subscribe to a Service, you agree to purchase that subscription. If you placed an Order by mistake, please let us know immediately by contacting us at support@usesimple.ai. We may verify certain items in your Order and reserve the right to limit, modify, deny or cancel all or part of an Order and may refuse to provide a Service to you for any reason including: (a) if we detect suspicious or fraudulent activity in violation of these Terms or any additional terms specified on a product page or in a product description (including quantity limits); or (b) if you do not reside in a country from which Services may be accessed.
- Orders from Third Parties. If you use the Services to place an order for a product or service from a third party (a “Third-Party Order”), you agree that we may treat that Third-Party Order as final and either forward your order to the third party or place an order on your behalf. You agree to be bound by the third party’s terms of sale and to pay for your Third-Party Order. We are not responsible for fulfilling or delivering any Third-Party Order or for any products or services you order, and disclaim all liability related to any Third-Party Order. If you realize that you placed a Third-Party Order by mistake, please let us know immediately by contacting us at support@usesimple.ai.
- Pricing. Pricing information will be displayed during the checkout process before you submit your Order. All prices, even after you submit your Order, are subject to change for any reason.
- Errors, Inaccuracies, or Omissions. Simple AI attempts to be as accurate as possible and eliminate errors on the Site and with our Services. However, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your Order), and your sole remedy in the event of such error is to cancel your Order.
- Return Policy. All sales are final within the United States. If you are based outside the United States, please contact Simple AI customer support support@usesimple.ai for return or cancellation options.
- Indemnity. To the fullest extent permitted by applicable law, you are responsible for your use of the Services, and you will defend and indemnify Simple AI and its affiliates, and its and their respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Simple AI Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Disclaimers; No Warranties
- Warranty Disclaimer. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SIMPLE AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SIMPLE AI DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SIMPLE AI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- Use of Service at Your Risk. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES OR YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA.
- Scope. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Simple AI does not disclaim any warranty or other right that Simple AI is prohibited from disclaiming under applicable law.
- Limitation of Liability
- No Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SIMPLE AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SIMPLE AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- Cap on Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SIMPLE AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO SIMPLE AI FOR THE SERVICES PROVIDED UNDER THESE TERMS IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE FIRST CLAIM.
- Risk Allocation. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND SIMPLE AI UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIMPLE AI. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Exclusions. Nothing in these Terms limits our liability for gross negligence or willful misconduct, to the extent we cannot lawfully exclude that liability.
- Arbitration.
- Agreement to Arbitrate. Any dispute, controversy or claim arising out of, in relation to or in connection with these Terms or any Services (or the existence, breach, termination or validity thereof) shall be settled through binding arbitration administered by the American Arbitration Association (“AAA”), (a) in accordance with its Commercial Arbitration Rules, or (b) alternatively, should the AAA and the arbitrator determine that the AAA Consumer Arbitration Rules apply, in accordance the Consumer Arbitration Rules.
- Applicability. Notwithstanding the terms of this Section 9, you and Simple AI may each: (a) seek interim measures in relation to an arbitration under this Section 9 in the federal or state courts of San Francisco County, California; and (b) in instances in which the Consumer Arbitration Rules would apply, bring individual actions in small claims court in San Francisco County, California as provided in the Consumer Arbitration Rules. In relation to Section 9.1(a) and (b), you and Simple AI each hereby consent to personal and exclusive jurisdiction in the specified courts. Nothing in this Section 9 bars either you or Simple AI from bringing issues to the attention of federal, state, or local agencies.
- Waiver of Class or Consolidated Actions. You and Simple AI agree that any claim or dispute within the scope of this Section 9 shall be arbitrated on an individual basis and shall not be combined or consolidated with a dispute involving services provided to any other person or entity and shall not under any circumstances proceed as part of a class action. You and Simple AI agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any claim or dispute within the scope of this Section 9.
- Authority. Notwithstanding anything to the contrary in these Terms, this arbitration agreement and any arbitration conducted thereunder shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code (“FAA”), to the exclusion of any state or municipal law of arbitration. The arbitration shall be conducted before a single arbitrator. The arbitrator will have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages. The place (legal seat) of arbitration shall be San Francisco County, California. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.
- Severability. If any part or parts of this arbitration agreement are found under applicable law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
- Confidentiality. Except as may be required either by law (including securities laws, where applicable) or to enforce any award rendered by the arbitrator or seek relief pursuant to Sections 9.1(a) or (b), neither you, Simple AI nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both you and Simple AI.
- Costs and fees. To the extent permitted under applicable law, the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, AAA administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
- Opt-Out Procedure. Notwithstanding any other provision of this Section 9, if you do not wish to be bound by the arbitration provisions in this Section 9, you must notify Simple AI in writing within 30 days of accepting this arbitration agreement at the time you first enter into these Terms. You may opt out by emailing support@usesimple.ai with your first name, last name, mailing address, email address, phone number, and relevant account information (if applicable), along with a statement that you decline this arbitration agreement. If you opt out of the arbitration provisions as provided in this Section 9, all other provisions of these Terms will continue to apply.
- Miscellaneous
- General Terms. These Terms of Use, together with the Privacy Policy https://usesimple.ai/legal/privacy and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Simple AI regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt to do so will be void. We may assign and transfer these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.
- Term. These Terms are effective beginning when you accept the Terms or first access or use the Services, and ending when terminated as described in this Section 10.2. You may terminate these Terms by doing all of the following: (i) ceasing all use of the Services; (ii) closing your account with us; and (iii) uninstalling any Apps. If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. In addition, Simple AI may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services and uninstall any Apps; (b) you will no longer be authorized to access the Services; and (c) Sections 2.1, 2.4, 3, 7, 8, 9 and 10 will survive.
- Governing Law and Venue. These Terms, any Services, and any dispute, controversy or claim arising out of, in relation to or in connection with these Terms and/or Services, are governed by the laws of the State of California, without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. Subject to the arbitration provisions in Section 9, you and Simple AI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within County of San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. Subject to the arbitration provisions in Section 9, with respect to the foregoing courts, you and Simple AI hereby irrevocably and unconditionally waive, and agree not to assert, (a) any claim that they are not personally subject to the jurisdiction of such courts for any reason, and (b) that (i) the suit, action or proceeding in such courts is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper or (iii) these Terms may not be enforced in or by such courts.
- Privacy Policy. Please read the Privacy Policy https://usesimple.ai/legal/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
- Additional Terms. Your use of the Services is subject to our Privacy Policy and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services or that you agree to in connection with certain technology or services made available to you by or on behalf of Simple AI or our third-party service providers (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us regarding the Services or these Terms. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
- Contact Information. The Services are offered by Simple AI Lab Company, located at support@usesimple.ai. You may contact us by sending correspondence to that address or by emailing us at support@usesimple.ai.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
- No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies and additional terms and conditions.
- International Use. Our Sites can be accessed from countries or territories around the world and may contain references to Services that are not available in your country or territory. These references do not imply that we intend to announce such Services in your country or territory. The selection and availability of our Services may vary from location to location, device to device (because of technical limitations), and user to user. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited. The Services may be subject to import and export laws and regulations in the United States and elsewhere, which may include restrictions on destinations, users and end use, and you must comply with all such import and export laws and regulations that apply in connection with the Services.
- Severability. The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Each of the provisions of these Terms of Use is severable. If any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and the remainder of these Terms of Use shall continue in full force and effect.