Last updated: November 01, 2024

Users are requested to read, understand and take note of this document carefully.

Area of application

DotSimple or DotSimple.io is offered by .simple Marketing GmbH & Co KG, based in Vienna, Austria, Europe. E-mail: office@DotSimple.io. Dotsimple refers to

• the DotSimple service,
• all applications, sample and content files, scripts, accesses, instruction sets or software included as part of the DotSimple Service, as well as related documentation, customized consulting, research and implementation services; and
• the programming interfaces (API).

DotSimple provides all services to its users on the basis of these GTC, in the version valid at the time the contract is concluded.

These GTC shall be binding for all current and future business transactions between the parties, even if no explicit reference is made to them. Deviations from these GTC, supplementary agreements or contradictory terms and conditions of the user shall only be valid if confirmed in writing by DotSimple.

DotSimple reserves the right to amend the provisions of these GTC at any time and without giving reasons. Such amendments shall be published on the DotSimple website at least 30 days before they come into effect and sent to the user's last known e-mail address. If the user does not object to the changes within 30 days of receipt of the notification in writing by e-mail to office@DotSimple.iothe changes shall be deemed accepted. If the user objects in due time, the contractual relationship between the user and DotSimple shall continue to exist in accordance with the version of the GTC prior to the amendment, whereby DotSimple shall have the right to terminate the contract without giving reasons with a notice period of 14 days to the end of the month.

Object of the contract

• These terms and conditions govern the temporary use of the DotSimple service in the version current at the time of conclusion of the contract by the user and any other related agreement or legal relationship with DotSimple.
• The DotSimple service is provided by DotSimple as a SaaS or cloud solution. The user can use the software stored and executable on the servers of DotSimple or a third party commissioned by DotSimple worldwide via an Internet connection for the duration of the contract.
• The right to sublicense, the right to edit and any right of exploitation are excluded.
• The license for the DotSimple service can only be acquired by entrepreneurs within the meaning of §§ 1-3 UGB.
• DotSimple provides various plans with the range of functions described on the DotSimple website. The functionality of each plan depends on the specific selection that the user has purchased. Each subscription is tied to a specific workspace and applies exclusively to that workspace.
• DotSimple shall be authorized to provide the services itself or to engage third parties for this purpose.
• The DotSimple Service may include features that enable integration with various third party providers (e.g. social media platforms such as Facebook, X and LinkedIn) ("Third Party Providers"). In order to use these functions, users must register or log in with the third-party providers on their respective platforms. By activating these third-party providers within the DotSimple service, users grant DotSimple permission to transmit login data to these providers.
• Users are also subject to the terms of use of the third-party apps that are used via the DotSimple service. For example, the terms of use of DotSimple and YouTube must be complied with if YouTube is connected to DotSimple.

DotSimple has listed the links to the terms of use of the supported platforms:

• YouTube: https://www.youtube.com/t/terms
• X (formerly Twitter): https://x.com/en/tos
• Instagram: https://help.instagram.com/1215086795543252
• Facebook: https://www.facebook.com/terms.php
• Pinterest: https://policy.pinterest.com/en/terms-of-service
• LinkedIn: https://www.linkedin.com/legal/l/service-terms
• TikTok: https://www.tiktok.com/legal/page/eea/terms-of-service/de
• Google Authenticator: https://www.google.com/accounts/authsub/terms.html
• Tenor: https://tenor.com/de/legal-terms
• OpenAI: https://openai.com/policies/row-terms-of-use/

Obligations and responsibilities of the user

Should the user fail to comply with the following exemplary obligations and responsibilities, DotSimple reserves the right to pause the DotSimple service until the default is remedied or to terminate the agreement. Any costs incurred by DotSimple as a result of the default shall be borne by the user.

Users shall be liable for damages arising from the breach of their obligations and undertake to indemnify DotSimple.

Technical & content requirements

In order to ensure the full functionality of the DotSimple service, the user is expected to use current browser technologies or to enable their use. The use of older technologies can lead to functional limitations. The DotSimple service may only be used as intended; improper use or actions that could cause damage to DotSimple or other users or restrict availability are prohibited.

Users are obliged to provide all information, materials and documents necessary for the provision of the service in good time and in full, including those that become known during the provision of the service. If delays or additional expenses arise due to inaccurate, incomplete or subsequently changed information, the user shall bear the resulting costs.

Permitted use

Users themselves are responsible for ensuring that their access to and/or use of the DotSimple Service does not violate any statutory provisions, regulations or third-party rights.

DotSimple reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to the DotSimple service, terminating contracts or reporting objectionable actions taking place via the DotSimple service to the competent authorities - such as judicial or administrative authorities - if users can be proven or presumed to have done so:

• violate statutory provisions, regulations or these GTC; or
• infringe the rights of third parties; or
• significantly impair the legitimate interests of DotSimple; or
• Insult DotSimple or a third party.

Security

To increase data security, DotSimple enables multi-factor authentication (MFA) as a protection measure for personal information. By agreeing to these Terms of Use, users acknowledge and agree:

• activate and maintain the MFA by using an app-based 2FA method (e.g. Google Authenticator or a comparable application) in the DotSimple account if technically feasible. This includes the provision and verification of additional authentication information beyond the password;
• be responsible for managing and securing MFA credentials, including the app or device used for authentication. This includes protecting all generated codes or tokens;
• Not to share MFA credentials or generated codes with others and to notify DotSimple immediately if it is suspected that unauthorized access to the account has occurred.

API usage

Users can access their data stored in the DotSimple service via the API interface (API), depending on the plan. Any use of the API, including use of the API through a third-party product or service, is subject to these T&Cs and the following additional terms:

• The user acknowledges and expressly accepts that DotSimple is not liable for any damage or loss resulting from the use of the API by the user or the use of third-party products/services that access data via the API.

Confidentiality

The user undertakes to treat all information that comes to his knowledge in the context of this contract as confidential, even beyond the term of the contract. This includes, in particular, all information about the DotSimple service and the business conditions set out in the contract (e.g. prices, discounts).

Information that is exempt from the duty of confidentiality is:

• are generally known or publicly accessible;
• were demonstrably already available to the user at the time the contract was concluded;
• must be disclosed due to legal requirements;
• must be disclosed to protect the interests of the user in legal proceedings.

The user also undertakes to transfer the duty of confidentiality to its employees and all other third parties to whom it discloses confidential information (such as commissioned agencies), and to do so only if it has a legitimate interest.

Account creation & account blocking

The use of the DotSimple service requires the creation of a user account, whereby complete and truthful information is a prerequisite. Access to the DotSimple service is only available to registered users. The user is responsible for the secure storage of access data and undertakes to inform DotSimple immediately in the event of suspected security breaches.

Accounts may not be created automatically, for example by bots. Sharing an account with other people is not permitted unless this has been expressly authorized.

A user account can be deleted at any time upon request to DotSimple, but only after the current subscription period has expired.

DotSimple reserves the right to block or delete user accounts that are deemed inappropriate or offensive or that, in DotSimple's opinion, violate these GTC at its own discretion at any time and without prior notice.

The blocking or deletion of user accounts does not give rise to any claims for damages, indemnification or reimbursement on the part of the user.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

User content and publication

Users are responsible for content that they upload to the DotSimple service or publish, share or make available via the DotSimple service. Users acknowledge and accept that DotSimple does not filter or moderate such content.

DotSimple therefore reserves the right to remove, delete or block such content at its own discretion and to deny the uploading user access to the DotSimple service without prior notice:

• if an (alleged) violation of these terms and conditions, the rights of third parties or applicable law based on such content becomes known;
• if an infringement of exclusive property rights is reported;
• if a reference to the violation of the personal rights of third parties, including the violation of their privacy, is received;
• on the basis of an official order; or
• if DotSimple is made aware that the availability of the content via the DotSimple service may have a detrimental effect on users, third parties and/or the availability of the service.

The removal, deletion or blocking of content does not give rise to any claims for damages or reimbursement on the part of the user responsible for the content in question.

Users undertake to indemnify DotSimple against any claims and/or damages arising from or in connection with content that they make available via the DotSimple service.

Content available via the DotSimple service & access to external resources

Users may be able to access external resources provided by third parties via the DotSimple Service. Users acknowledge and accept that DotSimple has no control over such resources and is therefore not responsible for their content and availability.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the DotSimple service.

Limitation of liability & warranty

Unless expressly stated otherwise and without prejudice to the applicable statutory provisions, users shall have no right to claim damages against DotSimple and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees (or any natural or legal person acting on their behalf). This does not apply to damage to life, health or physical integrity or damage due to the breach of essential contractual obligations, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that DotSimple has been used properly and correctly by the user. Unless damages were caused intentionally or through gross negligence or affect life, health or physical integrity, DotSimple shall only be liable to the amount of damages that were typical and foreseeable at the time the contract was concluded.

In particular, DotSimple shall in no event be liable for:

• Damages or losses resulting from interruptions or malfunctions of the DotSimple service, if these interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of DotSimple. This includes in particular failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks as well as interruptions in the supply of products, services or applications of third parties;
• any losses, unless these are the direct result of a breach of the GTC by DotSimple;
• any loss of business opportunities and any other indirect loss that the user may suffer, such as loss of trade, loss of revenue, loss of income, loss of profits or anticipated savings, loss of contracts or business relationships and loss of reputation or goodwill;
• any damage, harm or loss caused by viruses or other malware contained in or associated with files available for download from the Internet or through the DotSimple Service. Users are responsible for using sufficient security measures - such as anti-virus programs and firewalls - to prevent such infection or attack, and for making backup copies of any data or information exchanged or uploaded via the DotSimple Service.

All descriptions or illustrations on the DotSimple website are intended solely to provide a general understanding of the services presented. They do not form part of the agreement and are not contractually binding.

DotSimple reserves the right to change the specifications of the DotSimple Service at any time. Although DotSimple will endeavor to inform users of such changes in advance, there is no obligation to do so. In particular, these changes may occur if third-party providers revoke their permission for their platforms to be used in connection with the DotSimple Services. DotSimple is not responsible for any losses that users may incur as a result of such changes to the services. The availability and functionality of the DotSimple service is heavily dependent on the technical access options to social media platforms, over which DotSimple has no influence. For this reason, DotSimple assumes no liability for the integration of certain social media platforms.

Although DotSimple endeavors to maintain the constant availability of the DotSimple service and the website, it cannot be guaranteed that they will be uninterrupted, always available or error-free. In the event of malfunctions of the DotSimple service, DotSimple will take reasonable steps to rectify the error promptly or offer the user alternative solutions. However, no guarantee is given for a specific functionality or a specific range of functions.

Unless otherwise indicated or clearly recognizable, all content available via the DotSimple Service is the property of DotSimple and is provided by DotSimple or its licensors. DotSimple makes every effort to ensure that the content made available via the DotSimple Service does not violate applicable laws or the rights of third parties. In such cases, users are requested to address their complaint to the contact details provided in this document.

Unless otherwise agreed, the user shall only be entitled to a reduction in fees if the use of the DotSimple service was not possible for less than 95 % of the time per calendar year due to reasons within the sphere of DotSimple. The user is responsible for providing evidence of these causes. Planned maintenance work that is announced at least 48 hours in advance is not taken into account when calculating availability.

DotSimple assumes no liability for the legal permissibility of the use of the DotSimple service, in particular with regard to data protection, administrative, competition and copyright laws. The user is responsible for checking the legal conformity of the contract.

DotSimple shall only be liable for damages caused by gross negligence or willful misconduct. Liability for slight negligence is excluded, with the exception of personal injury. The user bears the burden of proof for the existence of grossly negligent or intentional damage.

DotSimple assumes no liability for damages or delays caused by force majeure, labor disputes, natural disasters or other circumstances beyond its control.

Claims for damages by the user shall lapse six months after knowledge of the damage and the damaging party.

These liability regulations apply accordingly to the order processing contract.

Purchase and approval of a subscription

Users through self-service

In the following, provisions are defined that apply to users who act in self-service. These are users who make bookings with DotSimple independently via the Internet.

Conclusion of contract

In order to subscribe to the DotSimple service for a fee through self-service, the instructions provided on the DotSimple platforms must be followed. Self-service subscriptions can only be made using the method described on the website. Each request for a subscription constitutes an offer by the user to purchase the DotSimple service in accordance with these terms and conditions.

DotSimple accepts the subscription by sending a confirmation email. The agreement between the user and DotSimple takes effect from this moment and date (start date) and relates exclusively to the services specified in the subscription authorization.

If DotSimple is unable to provide the DotSimple service for any reason, the user will be notified by email and the subscription will be discontinued. If payment for the DotSimple service has already been made, a full refund will be issued. DotSimple expressly reserves the right to refuse to provide the DotSimple Service to anyone for any reason.

Test phase

Users have the opportunity to test the DotSimple service or selected products free of charge during a limited and non-renewable trial period. DotSimple may not make some functions available during the test phase.

Further terms and conditions applicable to the trial period, including its duration, will be provided via the DotSimple service.

The trial period ends automatically and is not converted into a paid product unless the user actively opts for such a paid product.

Contract, term

• The products and services available as part of the DotSimple service are subject to a fee. Users owe the booked subscription costs, in each case in advance for the term.
• Prices, terms and other conditions applicable to the purchase are described on the DotSimple website and can be viewed and checked again during the purchase process. The plans differ in terms of restrictions on the amount of functions included or in the general granting of usage rights for special functions.
• Information on the accepted payment methods will be provided during the purchase process.
• The term or time limit of the subscription (monthly or annual) and the amount to be paid by the user are described during the ordering process.
• Each subscription is linked to an individual workspace and applies exclusively to this workspace.
• Paid subscriptions begin on the day payment is received by DotSimple.
• Subscriptions are concluded for the term ordered. At the end of such a term, the term of the subscription is automatically extended by a further subscription term.
• In order to maintain the functions of the subscription, users must pay the required recurring fee on time. Failure to do so may result in interruptions to the DotSimple service. The user's payment obligation remains unaffected.
• Users can cancel the subscription before the end of the respective term and/or object to an extension. This can be done by using the appropriate controls provided by DotSimple. In this case, however, there will be no refund of subscription fees already paid or unused, and all amounts outstanding up to the end of the contract term must be paid in full and without delay.

Plan changes & addons

Users with an active subscription and new users can purchase individual additional add-ons and features during the initial order. Unless otherwise stated, these add-ons are subject to the same terms and conditions as the main product, including all terms and conditions of this document. DotSimple provides details in the relevant section of the DotSimple Service.

• An upgrade of the plan or the addition of new services or add-ons will be charged on a pro rata basis. A reduction of the plan and/or the usage limit or the add-ons only comes into effect at the end of the current term.
• If the user increases their monthly usage limit (e.g. AI credits, user or account volume) within the current billing period, the new amount is charged pro rata and the additional quota is immediately available to the user.

Enterprise and Premium customers

The following defines provisions that only apply to Enterprise or Premium users. These are users who agree to conclude a contract in direct contact with the DotSimple team.

Conclusion of contract

To subscribe to the DotSimple service for a fee, users receive an offer from DotSimple (usually in writing via e-mail, discussed in the course of an online call or during a personal meeting) in which the individual scope of functions of the DotSimple service is described.

DotSimple shall be bound by the offer for the commitment period specified in the offer. If no commitment period is specified in the offer, a commitment period of 7 days shall be deemed agreed. If the user accepts the offer after this period has expired, this shall be deemed a new offer to DotSimple, which DotSimple may accept by means of an express declaration or conclusive action (e.g. sending an invoice). Subsequent amendments to the contract shall require written confirmation from DotSimple.

Contract, term

• The products and services available as part of the DotSimple service are subject to a fee. Unless expressly agreed otherwise, users owe the booked subscription costs in advance for the agreed duration (term).
• Unless otherwise specified, each subscription is linked to an individual workspace and applies exclusively to this workspace.
• Information on the accepted payment methods will be discussed during the initiation of the transaction. If this does not happen, the bank transfer can be requested by both parties in any case. This request must be accepted by the other party.
• The agreement is concluded for a specific term and is automatically extended by a further subscription term at the end of the period.
• The term or time limit of the subscription (usually annually or every two years) and the amount to be paid by the user are described during the ordering process.
• Paid subscriptions begin on the day payment is received by DotSimple.
• Subscriptions are concluded for the term ordered. At the end of such a term, the term of the subscription is automatically extended by a further subscription term.
• In order to maintain the functions of the subscription, users must pay the required recurring fee on time. Failure to do so may result in interruptions to the DotSimple service. The payment obligation remains unaffected.
• Users can cancel the subscription before the end of the respective term and/or an extension two months before the end of the respective term in writing by e-mail to office@DotSimple.io object to this. In this case, however, there will be no refund of subscription fees already paid or unused, and all amounts outstanding up to the end of the contract term must be paid in full and without delay.

Plan changes & addons

Users with an active subscription can purchase individual additional add-ons and features directly through the DotSimple service. Unless otherwise stated, these add-ons are subject to the same terms and conditions as the main product, including all the terms of this document.

• The addition of new services or add-ons will be invoiced on a pro rata basis. A reduction of the plan and/or the usage limit or the add-ons only comes into effect at the end of the current term.
• If the user increases their monthly usage limit (e.g. AI credits, user or account volume) within the current billing period, the new amount is charged pro rata and the additional quota is immediately available to the user.

Termination of a subscription

• Users cannot terminate the subscription prematurely. However, the right to terminate for good cause remains unaffected.
• DotSimple may object to a term extension in writing via e-mail to the user's last known e-mail address.
• DotSimple may terminate the subscription in particular for the following important reasons:
  • The user uses the DotSimple service for content that is likely to damage the reputation of DotSimple, such as content containing violence, harassment, hateful messages, nudity, sexual depictions, dangerous or fraudulent products and activities, as well as support for extremist or politically questionable organizations and fake news.
  • The user's financial situation deteriorates considerably, e.g. if an insolvency application is rejected for lack of assets.
  • DotSimple intends to discontinue the operation of the DotSimple service.
  • The user violates the guidelines of the social networks used via the DotSimple service.
  • The provision of the service is impaired or delayed by the user to such an extent that proper fulfillment of the contract is no longer possible, even after the expiry of a grace period of 10 working days.
  • The user persistently violates essential provisions of the contract.
  • The user objects to the use of a sub-service provider or processor by DotSimple.
  • The user belongs to a group or is associated with an organization whose activities or reputation are likely to significantly damage the reputation of DotSimple.
  • The user uses the DotSimple service or its functions in a way that jeopardizes the technical integrity of the platform or harms other users, e.g. through hacking attempts, manipulation or excessive load on the infrastructure.
  • When registering, the user has provided incomplete or incorrect information that affects the basis of the contractual relationship, in particular regarding identity or solvency.
  • The user is in considerable arrears and does not settle this despite a reminder and a reasonable deadline.
  • The user repeatedly violates legal regulations, in particular with regard to data protection, copyrights or other property rights of third parties.
  • The user repeatedly refuses to cooperate as required for the fulfillment of the contract, so that further cooperation becomes unreasonable.
  • The user deliberately circumvents the platform's security and access restrictions or jeopardizes data security.
• Upon termination of the subscription, DotSimple stores the user's data for a further 6 months in order to facilitate the conclusion of any new bookings. Users can object to this storage period at any time on the grounds of legitimate interest and request immediate deletion.

Data Security

For information on the use of personal data, users are referred to DotSimple's privacy policy (https://dotsimple.io/privacy/), which hereby becomes part of these GTC.

Final provisions

• These General Terms and Conditions and all legal relationships arising from them are subject exclusively to Austrian law, to the exclusion of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
• For all disputes arising directly or indirectly from this contract, the court with subject-matter and local jurisdiction at the registered office of DotSimple shall have exclusive jurisdiction.
• The place of performance for all contractual obligations shall be the registered office of DotSimple.
• Should individual provisions of these GTC be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the original provision.
• Amendments or additions to these GTC must be made in writing. The written form requirement shall also be deemed to have been met if declarations are sent by e-mail without an electronic signature.