Simpled Terms & Conditions

  1. Accepting the System Terms and Conditions

Simpled provides (1) a website located at simpled.uk and related domains (collectively the “Sites”) and (2) services accessible through the sites (the “Web App”) and software that may be downloaded to a mobile device (“Mobile Application(s)”) all for use with Simpled’s smart device (the “Product”). Collectively, the Sites, Web App, Product, and Mobile Applications are referred to in these Terms as the “Services”. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Simpled.

These Terms are an agreement between you and Simpled Limited. In these Terms references to “Simpled” “us”, “we” and “our” mean Simpled Limited. These Terms give you specific legal rights. You may also have other rights, which vary from jurisdiction to jurisdiction.

BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS & CONDITIONS (“TERMS”) BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT USE THE SERVICES.

PLEASE NOTE THAT SECTION 17 OF THESE TERMS CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH Simpled. YOU MAY OPT OUT OF ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

  1. Your Privacy

Your privacy matters to us. Learn how we handle your information when you use our Services by reading our Privacy Policy, which is incorporated into these Terms. You further acknowledge and agree that you are solely responsible for the accuracy and content of personal information. We encourage you to read the Privacy Policy carefully because, by using our Services, you agree that Simpled can collect and use your data consistent with that policy.

  1. Eligibility to Use Our Website

By using the Service, you acknowledge and agree that you are at least 18 years of age or the age of majority in the location from where you access and use the Service. If you are under 18, you acknowledge and agree that you are using the Service with the consent of your legal guardian.

  1. Your Use of Simpled Services

Simpled provides content through the Services that is copyrighted and/or trademarked work of Simpled or Simpled’s third-party licensors (collectively, the “Materials”). Materials may include logos, graphics, video, images, text, software, and other content.

Subject to these Terms, Simpled grants you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to access and use the Services solely for your personal use.

You shall not directly or indirectly do any of the following:

(i) modify, disassemble, decompile, or reverse engineer any of the hardware or software that constitutes the Services; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third-party or use the Services on a time sharing basis or to provide any security or other services for any third party; (iii) make any copies of the software used to provide the Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services; (v) delete the copyright and other proprietary rights notices on the Services; (vi) attempt to access, monitor, or use Products of other customers; (vii) use the Services in connection with accessing or monitoring any non-Simpled device; (viii) access the Services in order to build a similar or competitive product; (ix) upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, or any other property; (x) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services; or (xii) violate any applicable law or regulation.

  1. Requirements to Use Simpled

You are responsible for having all required software, hardware, and other system elements and making sure that they are compatible and properly configured. You acknowledge that (a) Simpled cannot provide the Services properly if requirements and compatibility are not met, and (b) you will not receive notifications from your Simpled device when the Product’s internet connection or power is lost, not operating properly, cut, or interfered with, or the Product is damaged or destroyed.

For certain Simpled Products, you must have a working broadband internet connection and either a wired ethernet connection or a Wi-Fi router (802.11 b/g/n), a supported mobile device (to use the Mobile Application), and other hardware, software, equipment or items specified by Simpled from time to time. Simpled reserves the right to change any of the minimum system requirements at any time.

  1. Registration and User Accounts

To create an account you must submit your information through the registration page as prompted on the Mobile Application or our Sites, including your name, email address, phone number, zip code/post code, and address. You may provide additional optional information during setup which is not required to register for an account but may be necessary to provide you with full Services or might be helpful to Simpled in providing you with a more customized experience. This information could include, for example, payment information.

As part of the registration process, you will create a password that will allow you to log in to the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password, let others access or use your password, or do anything else that might jeopardize the security of your password.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting Simpled’s support team.

Admin & Users

The individual who first creates an account and sets up the Product is the owner of the Simpled Product associated with that account and the primary account holder (“Admin”). Individuals who are authorized to access a Location Owner’s Products and Services are authorized users (“Users”) under the Admin’s account and are invited through the Mobile Application. Users may have the ability to use the Services and the Products (for example, a User can lock or unlock the Product). Users may also have the ability to view information (including personal information) and content across all of Admin’s Products (for example, a User will receive notifications of events). Users are responsible for their own actions in connection with the Products and Services, but the Admin also agrees to be fully responsible for all actions taken by a User relating to the Products and Services.

  1. Security of Your Information

Simpled cares about the integrity and security of its users’ personal information. Simpled uses industry best practices when it comes to security. Despite taking these steps, Simpled cannot guarantee that unauthorized third parties will never be able to defeat Simpled’s security measures. You acknowledge that you provide your personal information and your use of the Services is at your own risk.

  1. Integration With Third-Party Platforms and Services

Simpled may allow you to integrate Simpled Products with one or more third-party products or services. For example, Simpled currently integrates with Alexa, which allows you to control Simpled device via Alexa-enabled device and IFTTT, which allows Simpled device to interact with other IFTTT compatible device. You decide whether and with which Third-Party Products or Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that Simpled may exchange information and data regarding you and your Products, including your account information in order to enable the interface you have authorized to work together with Simpled Products. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s privacy policy and terms of service.

  1. Electronic Communications

By using the Services, you consent to receiving service related electronic communications from Simpled, which may include notices about applicable fees, transactional information, and other information related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal requirements, including that such communications be in writing.

  1. Mobile Applications

Simpled does not warrant that the Mobile Application will be compatible with your mobile device. Other applications may interact with the Mobile Application in unpredictable ways, and Simpled does not warrant against malfunctions or errors caused by such interactions.

Simpled grants to you a non-exclusive, non-transferable, revocable license to use any object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you for your personal use in connection with the Services.

Simpled and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application. Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to the Mobile Applications:

  • You acknowledge that these Terms are between you and Simpled only, and not with Apple, Inc. (“Apple”) or Google, Inc. (“Google”).
  • Your use of Simpled’s Mobile Application must comply with Apple’s then-current App Store Terms of Service and Google’s then-current Google Play Terms of Service.
  • Simpled is solely responsible for our Mobile Applications and the Services. You acknowledge that Apple and Google have no obligation to provide maintenance and support services with respect to our Mobile Applications.
  • You agree that Simpled is solely responsible for addressing any claims by you or any third party relating to the Mobile Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and that all such claims are governed solely by these Terms and any applicable laws.
  • You agree to comply with all applicable third-party terms of agreement when using the Mobile Applications.
  • The parties agree that Apple and Google are third-party beneficiaries to these Terms as they relate to your license of Simpled’s Mobile Applications.

Apple, the Apple logo, and iPhone, are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. Android is a trademark of Google, Inc.

  1. Unsupported Countries

Although the Services are accessible worldwide, Simpled’s Services are not available to all persons or in all countries, including persons and countries prohibited by US law. If you are accessing or using the Services from an unsupported country, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

  1. Our Intellectual Property Rights

Simpled is the exclusive owner of rights and interests in and to the mark Simpled, the U logo, the Simpled logo, Ultraloq, and the Ultraloq logo in the Know in the United States and abroad. Other trademarks, names, and logos on or available through the Services are the property of their respective owners.

Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including the Mobile Application, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of Simpled or its licensors. All rights not expressly granted herein are reserved by Simpled.

  1. Disclaimer of Warranties and Indemnification

The warranty for the Simpled Product is set forth in the Simpled Limited Warranty.

SIMPLED, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS, AND SIMPLED DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

Simpled does not provide any warranties against viruses, spyware, or malware that may be installed on your mobile device or computer.

Simpled’s equipment and Services cannot eliminate occurrences of the events they are intended to detect or avert, including fires, floods and burglaries. Other than as expressly set forth in the Simpled Limited Warranty, Simpled makes no guarantee or warranty that the Simpled product or Services will detect or avert such incidents. You release, waive, discharge, and promise not to sue or bring any claim of any type against Simpled for loss, damage, or injury relating in any way to the Product or Services.

Simpled and its licensors and suppliers make no warranty that defects will be corrected or that the Services (i) will meet your needs or requirements; (ii) will be compatible with your home network, computer, or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; (iv) will be accurate or reliable; or (v) will give notifications at any given time or at all. No advice or information, whether oral or written, obtained by you from Simpled or through the Services shall create any warranty.

Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of Simpled. You may not receive alarm signals if communication lines or power is interrupted for any reason.

MOBILE NOTIFICATIONS FROM YOUR SIMPLED PRODUCT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

If any other person, including your subrogating insurer, makes any claim or files a lawsuit against Simpled in any way relating to the Products or Services, you shall indemnify, defend and hold Simpled harmless from the claim or lawsuit, including the payment of all damages, expenses, costs, and attorney’s fees.

SIMPLED MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND SIMPLED WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. SIMPLED MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

WHEN YOU INVITE GUESTS OR SERVICE PROVIDERS TO USE YOUR DEVICE OR SERVICE, YOU ASSUME ALL RESPONSIBILITY FOR THEIR USE, AND ANY DAMAGES THAT THEY MAY CAUSE TO YOU, SIMPLED, OR ANY THIRD PARTY. CHOOSE YOUR INVITED GUESTS AND SERVICE PROVIDERS CAREFULLY!

SIMPLED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE DEVICES OR SERVICES (INCLUDING, BUT NOT LIMITED TO, “OTHER SERVICES” OR THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH OUR SERVICE) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SIMPLED WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

Limited warranties
13.1 Subject to any applicable law to the contrary, Simpled does not warrant or represent:
a. that the material on the website is up to date;
b. that the website will operate without fault; or
c. that the website or any service on the website will remain available.
13.2 Whilst every effort is taken to ensure information provided herein Simpled does not warrant that the completeness or accuracy of the information published on this website including, but not limited to, errors in pricing or description, other human errors, or errors created by the systems and software used by the website.
13.3 Simpled does not warrant or represent that the products ordered via this website will necessarily be available and should the product no longer be available Simpled will inform the purchaser and refund any monies paid.
13.4 Simpled reserves the right to discontinue or alter any or all of this website services, and to stop publishing this website, at any time in its sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Simpled stops publishing the website.
13.5 To the maximum extent permitted by applicable law, Simpled excludes all representations and warranties relating to the subject matter of these terms and conditions, this website and the use of this website.

  1. Our Limitation of Liability

IN NO EVENT SHALL SIMPLED BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SIMPLED KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. SIMPLED’S TOTAL LIABILITY ARISING FROM OR RELATED TO ANY OF THE SERVICES OR THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO SIMPLED OR SIMPLED’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY).

NO LIABILITY FOR THIRD PARTY SERVICES AND CONTENT. 1. In using our Products and Services, you may view content or utilise services provided by third parties, including links to web pages, apps and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of Third Party Content, and your interactions with third parties, are at your own risk.

Nothing in these Terms (including anything specified in this “Our Limitation of Liability” provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.

These limitations apply to the maximum extent permitted by law and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.

Time Limit to Bring Claims

No suit or action may be brought against Simpled more than one year after the date of the incident that resulted in the loss, injury, or damage, or the shortest duration permitted under applicable law.

14.1        Disclaimer

Simpled makes no representations about the results to be obtained from using or relying upon this site or the content contained in or provided by this site. Therefore, your use of this site is at your own risk.

 Simpled provides this site and the content and services herein on an “as is” basis without any warranties of any kind, express, implied, or statutory.  Simpled, to the fullest extent permitted by law, hereby expressly and specifically disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.  Simpled makes no representations or warranties about the accuracy, reliability, completeness, continuity, or timeliness of the content, services, software, text, graphics, links, or communications provided on or through the use of this site. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this site is free of computer viruses or any other potentially destructive computer code.

Nothing in these terms and conditions will:

a.   limit or exclude any liability for death or personal injury resulting from negligence;

b.   limit or exclude any liability for fraud or fraudulent misrepresentation;

c.   limit any liabilities in any way that is not permitted under applicable law; or

d.   exclude any liabilities that may not be excluded under applicable law.

14.2        The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

a.   are subject to Section 14; and

b.   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3        To the extent that this website and the information and services on this website are provided free of charge, Simpled will not be liable for any loss or damage of any nature.

14.4         Simpled will not be liable to you in respect of any losses arising out of any event or events beyond its reasonable control.

14.5         Simpled will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6         Simpled will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7         Simpled will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8.       We cannot refund services such as Installation, (in some cases installations can be cancelled if the work has NOT started, must be cancelled 2 working days before scheduled installation date).

Terms and Conditions for Installation of a Smart Lock:

1 Eligibility Confirmation: The customer acknowledges that the installation of a Simpled smart lock is subject to confirmation of door compatibility. Upon providing the relevant information about the door, including type, dimensions, and any additional features, our install partner will assess compatibility. The customer understands that the accuracy and completeness of the provided information are crucial for a successful installation.

2 Installer’s Discretion: The installer reserves the right to determine the compatibility of the door based on the information provided by the customer. In cases where the door is deemed incompatible due to factors such as size, material, or other technical limitations, the installer will communicate this to the customer and discuss alternative solutions, if available.

3 Customer Responsibility: The customer is responsible for providing accurate and complete information about the door during the initial consultation. Any changes or discrepancies discovered during the installation process may affect the compatibility and successful installation of the smart lock. The customer agrees to promptly communicate any modifications or updates to the door’s specifications to the install partner.

4 Alternative Solutions: If the original choice of Simpled smart lock is not compatible with the customer’s door, the install partner will offer alternative Simpled smart lock options that are suitable for the door’s specifications. The customer can choose to proceed with the installation using one of the recommended alternatives or cancel the installation altogether. Any associated fees or price differences will be discussed and agreed upon between the customer and the install partner.

5 Modification and Alterations: Depending on the specific smart lock model and the door’s compatibility requirements, the installer may need to make minor modifications or adjustments to the door during the installation process. The installer will exercise reasonable care and skill to minimize any alterations and will seek customer consent for significant modifications that may be necessary.

6 Warranty and Liability: The installer or manufacturer of the smart lock may provide a limited warranty for the product and installation services. The terms and duration of the warranty will be provided separately and are subject to the manufacturer’s warranty policies. The installer will not be held liable for any damages or issues arising from the customer’s misuse, negligence, unauthorized modifications, or failure to adhere to the manufacturer’s instructions.

7 Payment and Fees: The customer agrees to pay the agreed-upon installation fees and any additional charges for optional services, modifications, or alternative smart lock options. Payment terms and methods will be agreed upon prior to installation.

8 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the relevant jurisdiction. Any disputes arising from the installation of the smart lock shall be subject to the exclusive jurisdiction of the courts in the relevant jurisdiction.

By proceeding with the installation of the smart lock, the customer acknowledges and agrees to abide by these terms and conditions, with particular emphasis on the need for accurate door compatibility information provided to the install partner.

  1. Disputes with Simpled

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly by contacting us at [email protected]. This section relates to disputes that may arise between you and Simpled. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court, and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this provision carefully. All Disputes between you and Simpled shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this provision, “Simpled” means Simpled and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. “Dispute” means any dispute, claim, or controversy between you and Simpled regarding any aspect of your relationship with Simpled, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Simpled’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, you must first give Simpled an opportunity to resolve the Dispute by mailing written notification of your dispute to Simpled. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If Simpled does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Simpled may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, in which case it may be initiated in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS OF THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this provision by mailing written notification to Simpled. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Simpled through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Award – The arbitrator may award relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties.

Payment of Arbitration Fees and Costs – You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Simpled as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless both you and Simpled specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration provision, as specified above, this Class Action Waiver will not apply to you.

Neither you, nor any other user of the Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into this Agreement you and Simpled are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and Simpled might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision, and the remainder of this provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the Dispute will be decided by a court.

Governing Law & Venue

The Federal Arbitration Act, Delaware state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the federal or state courts located in Fremont, California.

  1. Other Terms

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Simpled’s failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and Simpled with respect to the Services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Simpled.

  1. Changes to These Terms

Termination and Service Changes

These Terms remain in effect as long as you continue to use the Services. You can stop using our Services any time. We reserve the right to suspend or terminate your use of the Services or your access to the Site at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Upon termination, your account and right to use the Services will automatically terminate.

If you transfer your Device to a new owner, please note that your account is not transferable, and the new owner will have to register for a separate account in order to use the Services.

Our Services are constantly evolving to help us deliver exciting and useful improvements to you. Simpled may make changes to, suspend, or discontinue the Services at any time. Simpled is not liable to you or to any third party for any modification, suspension, or discontinuance of the Services. Simpled may also change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on Simpled’s website, by providing notice through the Services, or by emailing you of any changes. By using the Services after Simpled has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must immediately stop using the Services.

17.1       Simpled may revise these terms and conditions from time to time.

17.2      The revised terms and conditions shall apply to the use of this website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Contact Us

If you have any privacy-related questions or comments regarding this Privacy Policy, please contact us at [email protected] or by mail to:

Simpled Tech Limited.

85 Great Portland Street

London

W1W 7LT