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Terms of Service

Last updated: November 21, 2023

1. about us

Welcome, and thank you for your interest in DotSimple, .simple Marketing GmbH & Co KG. (".simple," "DotSimple," "we," or "us") and our website at DotSimple.io, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and DotSimple regarding your use of the Service.

The Service provided by us can be described as a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users' social media content.

Please read the DotSimple Privacy Policy (https://DotSimple.io/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The DotSimple Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

2. your agreement with us

  1. 2.1 Our Agreement. These terms of use (Terms) govern your purchase and our provision of Services to you (Agreement). These Terms take precedence over any other terms that you may wish to include, or that may be implied by industry norms, customs, or previous dealings.

2.2 Complete Agreement. This Agreement constitutes the full understanding between you and us regarding its subject matter. You confirm that you have not relied on any verbal or written statements, assurances, or warranties that are not part of this Agreement.

2.3 Language. The Terms and this Agreement are drafted solely in English.

3 Acquiring Your Subscription and Its Approval

  1. 3.1 Acquiring Your Subscription. To subscribe to our service, please adhere to the instructions provided on the platform. Subscriptions can only be made using the method detailed on the website. Each request for subscription is an offer from you to acquire the services as provided by our social media management tool (Services), under these Terms.

3.2 Approval of Your Subscription. We accept your subscription when we send you an email confirming it (Subscription Approval). The Agreement between you and us will be effective from that moment and date (Start Date), and will pertain solely to the Services specified in the Subscription Approval.

3.3 Inability to Accept Your Subscription. If we cannot provide you with the Services for any reason, we will notify you via email and will not proceed with your subscription. If payment for the Services has already been made, a full refund will be issued. We explicitly reserve the right to refuse to provide the Services to anyone for any reason.

4 Terminating the Agreement/Subscription

  1. 4.1 You have the option to end the Agreement at any moment. Should you terminate the Agreement prior to the completion of your current paid month, the termination will become effective immediately and no further charges will be applied.

4.2 For termination, simply log into your account and complete the cancellation form located in your account dashboard under the Settings tab.

4.3 Requests for refunds due to non-utilization of the Service following the initial 14-day free trial may be granted at our exclusive discretion and could involve a nominal administrative fee.

4.4 If we issue a refund, any discounts that were applied based on payment frequency (e.g., quarterly, bi-annual, annual) will not be included in the refunded sum.

4.5 For refund inquiries, please contact our support team (office@DotSimple.io) via chat or email, providing the necessary details. Refunds will be given in accordance with our 30-day money-back guarantee, commencing from the purchase date. No refunds will be granted after the initial 30 days of service activation.

4.6 If you forget to cancel your subscription or if your plan remains unused for over 7 days following the last charge, we are willing to fully refund your most recent charge.

4.7 For annual subscriptions, we are unable to process refunds for unused partial periods. For instance, if you have used the DotSimple application for 8 months of an annual plan and then opt to discontinue, you will not qualify for a refund for the unused 4 months.

5 Our Offerings

  1. 5.1 Services. We will furnish you with social media management tools, as detailed specifically on our website. Access to our Services is available through our website, browser extensions, our API, and mobile applications.

5.2 Integration with Third-Party Service Providers. The Service may include features allowing integration with various third-party service providers (e.g., social media platforms like Facebook, Twitter, and LinkedIn) ("Third-Party Service Providers"). To utilize these features, you will need to either register or log in to the Third-Party Service Providers on their respective platforms. By enabling these Third-Party Service Providers within the Service, you grant us permission to forward your login details to these providers for this purpose.

5.3 You are also subject to the Terms of Service of the third-party apps you use via our services. For instance, should you connect Youtube to our services, you are to comply with Terms of Service for DotSimple and Youtube. We have listed the links to the ToS for our supported platforms:

5.4 Descriptions and Visuals. Any descriptions or illustrations on our site are intended solely to provide a general understanding of the services they depict. They do not constitute a part of the Agreement nor have any contractual force.

5.5 Modifications to Services. We hold the right to alter the Services' specifications at any point. While we will strive to inform you beforehand about such changes, we are under no obligation to do so. Importantly, these modifications may arise if Third-Party Service Providers revoke their approval for us to use their platforms in conjunction with our Services. We will not be responsible for any losses you may incur due to such alterations in the Services.

5.6 Professional Standards. We will deliver the Services employing a reasonable degree of care and skill.

5.7 Website Availability. Although we strive to maintain constant availability of our Service and site, we cannot guarantee that they will be uninterrupted, always available, or error-free.

6. your responsibilities

6.1 You are responsible for:

(a) collaborating with us on all aspects regarding the Services;
(b) providing any information and materials we might reasonably need to deliver the Services, and ensuring the accuracy of such information;
(c) adhering to all relevant laws, including data protection regulations;
(d) complying with our acceptable use policy;
(e) correctly entering your county, province, and country codes that reflect your residence when acquiring your subscription.
6.2 Should your failure to meet any of the responsibilities in clause 6.1 (Your Default) hinder or delay our ability to provide Services:

(a) we have the right to suspend the Services until you correct Your Default and may rely on Your Default to excuse us from performing Services to the extent it prevents or delays such performance. Your Default could, under certain conditions, enable us to terminate the Agreement as per clause 15 (Termination);
(b) we are not liable for any costs or losses you may sustain arising directly or indirectly from our inability to perform the Services; and
(c) you will be obliged to compensate us for any costs or losses we incur directly or indirectly from Your Default.

7. fees

7.1 In exchange for us providing the Services, you are required to pay our fees according to this clause 7.

7.2 The Fees are as listed on our site when you place your order.

7.3 If you wish to modify the scope of the Services through the membership portal after your order has been accepted, and we consent to the modification, the Fees will be adjusted accordingly.

7.4 We make reasonable efforts to ensure the pricing for the Services is accurate at the time the relevant data is entered. However, refer to clause 7.7 for instances where a pricing error occurs.

7.5 We reserve the right to increase the Fees at any given time.

7.6 For customers in Europe, our Fees are exclusive of VAT. Where VAT is applicable, you will be responsible for paying it at the relevant rate in addition to the Fees.

7.7 If we discover an error in the pricing of the Services you've ordered, we will contact you promptly to inform you and will give you the option to either continue with the order at the correct price or cancel it. We will not proceed with your order until we receive your instructions. If we can't reach you using the contact information you provided during the ordering process, we will consider the order canceled and notify you in writing. If we erroneously accept and process your order where a clear and unmistakable pricing error exists, we may revoke the Services and refund any amounts you've paid.

7.8 If you're utilizing a discount code, it may only be applied to a single account at one time. The use of a discount code will override any other discounts based on payment frequency.

7.9 Discount codes apply only to your current subscription plan. Any promotional offers granted during a free trial will also be confined to your current plan. By changing your plan, you acknowledge that the discount applied to prior Fees will no longer be valid.

7.10 We hold the right to modify or discontinue discount codes at any time as we see fit.

7.11 Certain add-ons with setup fees are not available during the 14-day free trial. These may include but are not limited to Rebranded Apps and Email and SMS credits.

7.12 For upgrades or downgrades in your subscription, the credit/debit card you've provided will be automatically billed the new rate on your upcoming billing cycle. For upgrades, a pro-rated fee will be calculated based on the price difference between your existing and new plans, as well as the remaining time until your next billing date.

8. payment method

8.1 As stipulated in clause 7.11, payment for the Services is due in advance, although you will receive your first thirty days free of charge. If you do not terminate the Contract before the expiration of this thirty-day period, your first payment will be processed on the thirtieth day, with subsequent monthly payments to follow.

8.2 Payments for the Services can only be made using a debit or credit card unless we explicitly agree to another payment method in writing.

8.3 In the event of a missed payment by the due date, without limiting our remedies outlined in clause 14 (Termination), interest will be charged on the overdue amount from the due date until the overdue sum is paid, either before or after judgment. Interest will accrue daily at an annual rate of 4% above the Bank's base rate as it varies from time to time.

8.4 All payments under the Contract must be made in full, without any set-off, counterclaim, deduction, or withholding, except for any tax deductions or withholding required by law and agreed upon with us.

9 Complaints

Should you encounter any issues or have any dissatisfaction with the Services, please contact us immediately at office@DotSimple.io.

10. intellectual property

10.1 All intellectual property rights relating to or arising from the Services shall remain our exclusive property.

11. personal information

Handling 11.1 We will use your personal information to:

(a) deliver the Services; (b) process your payment for the Services; and (c) inform you about related products or services we offer. You can opt-out of these notifications at any time by unsubscribing.

11.2 Our Privacy Policy provides additional information about how we handle your personal information and is considered an integral part of these Terms.

Please note that the text above is intended to serve as a sample or template and may require additional customization to better suit your specific needs. Always consult legal professionals when drafting or reviewing contractual agreements.

12 Limitation of Liability: SPECIAL NOTICE FOR THIS SECTION

12.1 No provision in the Agreement shall limit or remove our liability for:

(a) death or bodily harm caused by our negligence, or by the negligence of our workers, agents, or subcontractors; (b) deceit or deliberate misrepresentation; or (c) violation of terms outlined in Section 2 of the Supply of Goods and Services Act of 1982 (ownership and quiet enjoyment) or any other liability that cannot be constrained or negated under existing laws. 12.2 Subject to 12.1, we shall not be held accountable to you, whether through contractual obligations, tort (including negligence), breach of legal duty, or other means, for any of the following occurring under or related to the Agreement:

(a) loss of profit; (b) loss of business or revenue; (c) termination of contracts or agreements; (d) corruption or loss of software, data, or other information; (e) loss of or damage to reputation; and (f) any secondary or consequential damages. 12.3 In accordance with 12.1, our complete liability to you under or related to the Agreement, whether by contract, tort (including negligence), breach of legal duty, or otherwise, shall be limited to the aggregate Fees paid under the Agreement.

12.4 Except where explicitly noted in these Terms, we offer no guarantees, promises, or stipulations concerning the Services. Any implied terms, whether by statute, common law, or other methods, are, to the maximum extent allowable by law, omitted from the Agreement.

12.5 This Section 12 will remain applicable even after the termination of the Agreement.

13. non-disclosure

13.1 Both parties agree not to disclose any confidential information regarding the other's business, activities, clients, customers, or vendors, except as permitted by 13.2.

13.2 Either party may release the other's confidential details:

(a) to our respective staff, officials, agents, subcontractors, or consultants who require such information to fulfill our respective obligations under the Agreement. Both parties shall ensure that these individuals comply with Section 13; and (b) if mandated by legislation, a court with adequate jurisdiction, or any governing or regulatory entity. 13.3 Both parties are restricted to using the other's confidential information exclusively for performing our respective duties under the Agreement.

14 Contract Termination

  1. 14.1 We reserve the right to halt the Services or end the Agreement with immediate effect by issuing written notice to you under the following circumstances:

(a) you violate a significant term of the Agreement and fail to correct the issue within 5 days upon receiving written notice; (b) you miss a payment deadline under the Agreement; (c) you engage in activities related to entering administration, provisional liquidation, or any debt restructuring (unless it's a solvent restructuring), winding up, appointing a receiver for your assets, or stopping your business operations; (d) you discontinue or pose a threat to discontinue a majority of your business operations; or (e) your financial stability declines to the point where, in our judgment, your ability to meet your obligations under the Agreement is at risk. 14.2 The termination of the Agreement does not affect the accumulated rights and remedies for either party as of the termination date.

14.3 Provisions in the Agreement that are explicitly or implicitly intended to remain in effect post-termination will continue to apply.

15. Unforeseen Circumstances

15.1 We are not accountable for any failure or delay in fulfilling our obligations under the Agreement if caused by events beyond our reasonable control. This includes but isn't limited to disruptions or issues affecting third-party platforms such as Facebook, Twitter, and LinkedIn.

15.2 Should an unforeseen event affect our ability to deliver the Services:

(a) we will inform you as quickly as reasonably possible; and (b) our responsibilities under the Agreement will be paused and extended for the duration of the event. If the event renders us unable to offer the Services or makes it commercially unreasonable, we reserve the right to stop providing them. 15.3 You have the right to cancel the Agreement if an event beyond our control impacts it. This does not apply to third-party contracts that we have no control over.

16 Communication Guidelines

16.1 When we mention "in writing" in these Terms, this includes email.

16.2 Any notices or communications under or in relation to the Agreement must be in writing, whether hand-delivered, sent via first-class mail, or via email.

16.3 The receipt time for any notice or communication is as follows:

(a) upon personal delivery, when a delivery receipt is signed or the notice is left at the correct address; (b) if sent through first-class mail, at 9.00 am on the second working day after mailing; or (c) if sent by email, at 10.00 am the next working day after sending. 16.4 To validate the service of any notice, proof of proper mailing or email to the correct address will suffice.

17 Miscellaneous Provisions

17.1 Delegation and Transfer of Responsibilities.

(a) We retain the right to assign or delegate our duties and rights under this Agreement to another party.
(b) You may only assign or delegate your rights or duties under this Agreement with our written consent.

17.2 Amendments. Modifications to this Agreement are only effective if documented in writing and duly signed by authorized representatives of both parties.

17.3 Forbearance. Our failure to insist on your performance of obligations, or our delay in enforcing rights against you, should not be construed as a waiver of our rights. Any formal waiver will be issued in writing and will not imply automatic waivers for any future defaults on your part.

17.4 Severability. Each clause of these Terms is independent. If a court or relevant authority rules any part to be illegal or unenforceable, the remaining parts will continue to be effective.

17.5 Third-Party Rights. The Agreement is a contract solely between you and us; no third party holds the right to enforce any of its terms.

17.6 Applicable Law and Legal Jurisdiction. This Agreement is regulated by the laws of Austria, Europe, and all parties unequivocally agree to submit any disputes arising from or related to this Agreement to the exclusive jurisdiction of the courts in Austria.

Terms of website use

Certainly, here's the rephrased version:

By Accessing Our Site, You Agree to These Terms

By engaging with our site, you acknowledge your acceptance of these usage terms and your commitment to abide by them.

If you disagree with these terms, you are prohibited from using our site.

Additional Policies May Apply to You

These usage terms are supplemented by the following additional policies that also govern your interaction with our site:

  • Our Privacy Policy
  • Our Acceptable Use Policy, which outlines the do's and don'ts while using our site. You must adhere to this policy when using our site.

Should you purchase subscription services via our site, our Service Terms and Conditions will be applicable to your subscription.

Terms Are Subject to Change

We periodically revise these terms. Each time you intend to use our site, we recommend reviewing these terms to be aware of any changes.

Modifications to Our Site

We reserve the right to update and modify our site as needed to better serve our products, the needs of our users, and our business goals. While we aim to provide reasonable notice for significant changes, we are not obligated to do so.

  • Availability of Our Site
  • Our site is offered at no charge.

We cannot assure the constant availability or uninterrupted service of our site. We may limit access, temporarily suspend, or completely withdraw our site for operational or business reasons. Where possible, we will strive to give you reasonable prior notice.

You are responsible for making sure that anyone who accesses our site through your internet connection is aware of these usage terms and any other relevant policies, and that they are in compliance with them.

Keep Your Account Information Confidential

If you either select or are given a username, password, or any other security details, you must keep this information confidential and not share it with anyone else.

We reserve the right to deactivate any username or password, whether chosen by you or provided by us, if we believe you have violated any of these terms.

Multi-Factor Authentication (MFA) and Data Protection

To enhance data security, we implement Multi-Factor Authentication (MFA) as a safeguard for your personal information.

By agreeing to these Terms of Service, you acknowledge and consent to the following:

  1. MFA Activation: You are required to activate and maintain MFA using Google Authenticator or a similar app-based 2FA method on your DotSimple account. This involves providing and verifying additional authentication information beyond your password.
  2. Responsibility: You are responsible for managing and safeguarding your MFA credentials, including the app or device used for authentication. This includes protecting any codes or tokens generated by Google Authenticator or a similar app.
  3. Access and Security: MFA with Google Authenticator or a similar app is designed to protect your account from unauthorized access. You agree not to share your MFA credentials or generated codes with anyone and to promptly notify us if you suspect any unauthorized access to your account. https://sites.google.com/view/authenticator-privacy-policy/.
  4. Compliance: Failure to comply with this MFA requirement may result in the suspension or termination of your DotSimple account. We reserve the right to enforce this measure to protect the security of your data and our platform.

We are dedicated to maintaining the highest standards of data protection and security, and the implementation of MFA is part of our commitment to your privacy.

Should you suspect that someone else has gained access to your account information, contact us immediately at office@DotSimple.io.

Usage Restrictions on Our Content

We hold, or have licensed, all intellectual property rights for our site and its content. This content is protected globally by copyright laws. All rights are reserved.

You may print or download one copy of any pages from our site for personal use and share it within your organization. However, you may not alter any printed or downloaded material, or use any media separately from the accompanying text. Our role (and that of any contributors) as the content authors must be acknowledged at all times.

Commercial use of any part of our site's content requires a license from us or our licensors.

Failure to comply with these terms will result in an immediate loss of your right to use our site, and you must either return or destroy any downloaded or printed materials, as per our discretion.

Do Not Rely Solely on Our Content

The content on our site is intended for general information and is not professional advice. Consult experts or professionals before making any decisions based on our content.

While we make reasonable efforts to keep our content current, we cannot guarantee its accuracy, completeness, or relevance.

We Are Not Accountable for Third-Party Websites

Links to external websites are provided for informational purposes only and should not be seen as an endorsement. We have no control over, and are not responsible for, the content of external sites.

User-Generated Content Is Not Endorsed By Us

Our site may feature content uploaded by other users, like forums or chat rooms. This content has not been verified or approved by us, and the opinions expressed by other users do not necessarily reflect our own views or values.

If you have concerns about user-generated content, please reach out to us at office@DotSimple.io.

Liability and Loss or Damage Incurred by You

We accept no responsibility for any loss or damage you may incur, except as explicitly outlined in our terms.

Regardless of Your User Status

We do not waive or restrict our accountability to you in any illegal manner. This includes responsibility for any death or injury caused by our negligence or that of our staff, agents, or subcontractors, as well as for fraudulent actions or misrepresentations. Specific limitations and exceptions to our liability will be detailed in our Product Supply Terms and Conditions if you purchase any products from us.

For Business Users

We disclaim all implied warranties, conditions, or representations that might otherwise apply to our site or its content. We won't be held accountable for any losses or damages you may suffer, whether contractual, tortious (including negligence), statutory, or otherwise, even if foreseeable, that result from:

  • Your use or inability to use our site; or
  • Your reliance on any content found on our site. We specifically disclaim liability for:
  • Loss of profits, sales, or revenue;
  • Interruption of business;
  • Loss of anticipated savings;
  • Loss of business opportunities, goodwill, or reputation;
  • Any indirect or consequential loss or damages.

For Consumer Users

Our website is intended for private, non-commercial use. By using our site, you agree not to use it for commercial purposes, and we are not liable for any financial loss, business interruption, or loss of business opportunities you may experience. If any digital content we've provided causes damage to your device or other digital media due to our negligence, we will either fix the damage or provide compensation. However, we won't be responsible for any damages that could have been prevented by applying a free update that we provided, or if the damage resulted from you not following our installation guidelines or not meeting the minimum system requirements we specified.

Handling Your Personal Data

We will treat your personal information in accordance with our Privacy Policy.

Uploading Content to Our Platform

If you use features enabling you to upload content to our site or interact with other site users, you must adhere to the guidelines in our Acceptable Use Policy.

By uploading such content, you assure us that you are in compliance with these guidelines, and you agree to indemnify us for any damages we incur due to your violation of this assurance.

We reserve the right to reveal your identity to a third party who argues that the content you uploaded to our site infringes upon their intellectual property or privacy rights.

We may also remove any content you post if it doesn't meet the guidelines outlined in our Acceptable Use Policy.

You are solely responsible for safeguarding and backing up your uploaded content.

Rights You Grant Us Over Your Uploaded Material

By uploading content to our site, you are giving us a non-exclusive, global, royalty-free license to utilize that material.

Your Responsibility for Security

We can't guarantee that our site will be free from viruses or other security risks.

It's your duty to ensure that your IT infrastructure is configured properly to access our site and to use your own antivirus software.

Illegal Activities Are Prohibited

You are not allowed to intentionally introduce harmful or malicious technological elements like viruses, trojans, or worms to our site. Unauthorized access to our site, its servers, or connected databases is also forbidden. Activities like denial-of-service attacks are not allowed and are illegal under the Computer Misuse Act 1990. We will report such activities to law enforcement and disclose your identity to them. If you breach this policy, your access to our site will be revoked immediately.

Guidelines for Linking to Our Website

You are permitted to link to our homepage as long as you do it in a lawful, fair manner that neither tarnishes our reputation nor exploits it.

Any links should not imply an affiliation or endorsement by us, unless one is explicitly established.

Links to our site are not allowed from websites not owned by you.

Our website should not be displayed within frames on another site, nor should you link to any section other than the homepage.

We have the right to revoke permission for linking at any time without prior notice.

Any site linking to ours should adhere to our Acceptable Use Policy.

For any other usage of our site's content, please reach out to office@DotSimple.io.

Applicable Law and Jurisdiction

These terms are governed by the laws of Austria, Europe. Both you and we consent to the jurisdiction of the Austrian courts.

If you are a business, these terms and any ensuing disputes are governed by the laws of Austria, Europe, and we both submit to the exclusive jurisdiction of the courts of Austria, Vienna.

Usage of Our Intellectual Property

Our intellectual property may not be used without our explicit written consent.

Acceptable Use Guidelines

This Acceptable Use Policy outlines the agreement between you and us concerning your use of our website, www.DotSimple.io. This policy is applicable to all users and visitors of our site.

By using our site, you confirm that you agree to all policies mentioned in this Acceptable Use Policy, which supplement our website's terms of use.

Unacceptable Uses

You are permitted to use our site solely for legal activities. You are not allowed to use the site:

  • In violation of any local, national, or international laws or regulations.
  • For any unlawful or fraudulent intentions or activities.
  • To harm or attempt to harm minors in any manner.
  • To send, knowingly receive, upload, or download any material that violates our content guidelines.
  • To send any unauthorized or unsolicited advertising, promotional material, or any form of spam.
  • To knowingly introduce harmful or malicious software, including but not limited to viruses, Trojan horses, worms, time-bombs, keyloggers, or adware.

Additional Obligations:

  • You must not copy, reproduce, or sell any part of our site against our website terms.
  • You are prohibited from unauthorized access to, or disruption of, any part of our site, the network and equipment storing our site, the software enabling our site, or any third-party networks or software.

Suspension or Termination

We reserve the right, at our sole discretion, to determine any violations of this Acceptable Use Policy. If you breach this policy, we may:

  • Temporarily or permanently revoke your access to our site.
  • Remove any content you have uploaded.
  • Issue a formal warning.
  • Initiate legal proceedings for cost recovery on an indemnity basis.
  • Take any other legal action.
  • Disclose relevant information to law enforcement as necessary.

We hold no responsibility for any actions taken in response to violations of this policy. The steps outlined here are not exhaustive, and we reserve the right to take any measures we deem necessary.

Policy Changes

We may update this Acceptable Use Policy without notice. It's your responsibility to periodically review this page. The changes made will be legally binding. Some portions of this policy may also be superseded by updates or notices posted elsewhere on our website.

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