Terms of use

Last updated: June 25, 2024

1. about us

  1. 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, together 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 we provide can be described as a social media management tool that allows users to publish posts on social platforms at a scheduled time, in addition to other design and analytics tools to support users' social media content.

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

2. your agreement with us

  1. 2.1 Our Agreement. These Terms of Service (Terms) govern your purchase and our provision of the 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 standards, custom or past dealings.
    2.2 Entire Agreement. This Agreement represents the complete understanding between you and us with respect to the subject matter of the Agreement. You acknowledge that you have not relied on any oral or written statements, representations or warranties that are not part of this Agreement.

3. purchase and approval of your subscription

  1. 3.1 Purchase of your subscription. To subscribe to our service, please follow the instructions provided on the platform. Subscriptions can only be made via the method described on the Website. Any request for a subscription is an offer by you to purchase the services provided by our social media management tool (Services) in accordance with these Terms.
  2. 3.2 Approval of your subscription. We accept your subscription when we send you a confirmation email (subscription approval). The agreement between you and us will take effect from that moment and date (start date) and relates exclusively to the services specified in the subscription approval.
  3. 3.3 Inability to accept your subscription. If we are unable to provide you with the Services for any reason, we will notify you by email and will not process your subscription any further. If payment for the Services has already been made, a full refund will be issued. We expressly reserve the right to refuse to provide the Services to anyone for any reason.

4. termination of the agreement/subscription

  1. 4.1 You have the option to terminate the Agreement at any time. If you terminate the agreement before the end of your current paid month, the termination will take effect immediately and no further fees will be charged.
    4.2 To cancel, simply log in to your account and complete the cancellation form in your account dashboard under the "Settings" tab.

4.3 Refund requests due to non-use of the Service after the initial 14-day free trial period may be granted at our sole discretion and could include a nominal administration fee.

4.4 If we issue a refund, any discounts granted based on payment frequency (e.g. quarterly, semi-annually, annually) will not be included in the refunded amount.

4.5 For refund requests, please contact our support team (office@DotSimple.io) via chat or email and provide the necessary details. Refunds will be granted according to our 30-day money-back guarantee from the date of purchase. No refunds will be granted after the first 30 days of service activation.

4.6 If you forget to cancel your subscription or your plan remains unused for more than 7 days after the last direct debit, we are prepared to refund your last direct debit in full.

4.7 For annual subscriptions, we cannot process refunds for unused partial periods. For example, if you have used the DotSimple application for 8 months of an annual plan and then decide to cancel, you will not be entitled to a refund for the unused 4 months.

5. our offers

  1. 5.1 Services. We will provide you with the social media management tools as specifically described 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 Providers. The Service may include features that enable integration with various third party providers (e.g. social media platforms such as Facebook, Twitter and LinkedIn) ("Third Party Providers"). In order to use these functions, you must register or log in with the third-party providers on their respective platforms. By activating these third-party providers within the service, you give us permission to transmit your login data to these providers.

5.3 You are also subject to the terms of use of the third-party apps that you use via our Services. For example, you must comply with the terms of use of DotSimple and Youtube if you connect Youtube to our Services. We have listed the links to the terms of use of the supported platforms:

5.4 Descriptions and illustrations. All descriptions or illustrations on our 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.

5.5 Changes to the Services. We reserve the right to change the specifications of the Services at any time. Although we will endeavor to notify you in advance of any such changes, we are under no obligation to do so. In particular, these changes may occur if third party providers withdraw their permission for us to use their platforms in connection with our Services. We are not responsible for any losses you may suffer as a result of such changes to the Services.

5.6 Professional Standards. We will provide the Services with a reasonable degree of care and skill.

5.7 Availability of the Website. Although we endeavor to maintain the constant availability of our service and our website, we cannot guarantee that they will be uninterrupted, always available or error-free.

6. your responsibilities

  1. 6.1 You are responsible for:

(a) cooperate with us in all matters relating to the Services;
(b) to provide information and materials that we may reasonably require to provide the Services and to ensure the accuracy of such information;
(c) compliance with all relevant laws, including data protection regulations;
(d) compliance with our acceptable use policy;
(e) correctly entering your county, province and country codes reflecting your place of residence when purchasing your subscription.
6.2 If your failure to comply with any of the responsibilities in clause 6.1 (Your Failure) hinders or delays our ability to provide the Services:

(a) we have the right to suspend the Services until you have remedied your default and may rely on your default to relieve us from providing the Services to the extent that it prevents or delays such performance. Your default could, in certain circumstances, give us the right to terminate the Agreement under clause 15 (Termination);
(b) we will not be liable for any costs or losses that you may suffer directly or indirectly as a result of our inability to provide the Services;

and
(c) you will be liable to compensate us for any costs or losses we suffer directly or indirectly as a result of your failure to do so.

7. fees

  1. 7.1 In return for the provision of the Services by us, you are obliged to pay our fees (Fees) in accordance with this clause 7.

7.2 The fees are listed on our website at the time of ordering.

7.3 If you wish to change the scope of the Services after your order has been accepted via the Membership Portal and we agree to the change, the fees will be adjusted accordingly.

7.4 We endeavor to ensure that the prices for the Services are correct at the time the relevant data is entered. However, please refer to clause 7.7 for instances where a pricing error occurs.

7.5 We reserve the right to increase the fees at any time.

7.6 For customers in Europe, our fees are exclusive of value added tax (VAT). Where VAT is applicable, you are responsible for paying this in addition to the Fees at the applicable rate.

7.7 If we discover an error in the pricing of the Services you have ordered, we will notify you immediately and give you the option of either proceeding with the order at the correct price or canceling it. We will not process your order further until we receive your instructions. If we are unable to contact you using the contact details provided during the order process, we will treat the order as canceled and notify you in writing. If we mistakenly accept and process your order where there is a clear and obvious pricing error, we may cancel the Services and refund any amounts paid by you.

7.8 If you use a discount code, it can only be applied to one account at a time. The use of a discount code overwrites all other discounts based on the payment frequency.

7.9 Discount codes only apply to your current subscription plan. Any promotional offers granted as part of a free trial are also limited to your current plan. By changing your plan, you acknowledge that the discount applied to previous charges is no longer valid.

7.10 We reserve the right to change or discontinue discount codes at our discretion at any time.

7.11 Certain add-ons with setup fees are not available during the 14-day free trial period. These may include, but are not limited to, rebranded apps and email and SMS credit.

7.12 If you upgrade or downgrade your subscription, the credit/debit card you provide will automatically be charged the new rate in your next billing cycle. Upgrades will be charged a pro-rated fee based on the price difference between your existing and new plan and the time remaining until your next billing date.

8. payment method

  1. 8.1 As set out in clause 7.11, payment for the Services is due in advance, although you will receive the first thirty days free of charge. If you do not cancel the Contract before the end of those thirty days, your first payment will be processed on the thirtieth day, followed by monthly payments.

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

8.3 In the event of late payment without limiting our remedies set out in clause 14 (Termination), interest will be charged on the overdue amount from the due date until the overdue amount is paid in full, both before and after judgment. Interest shall be calculated daily at an annual rate of 4 % above the Bank's prime rate as it varies from time to time.

8.4 All payments under the Contract must be made in full, without deduction, counterclaim, withholding or deduction, except for any statutory tax deductions or withholdings agreed with us.

9. complaints

  1. If you have any problems or dissatisfaction with the Services, please contact us immediately at office@DotSimple.io.

10 Intellectual property

  1. 10.1 All intellectual property rights relating to or arising from the Services shall remain our exclusive property.

11. personal data

  1. Handling 11.1 We will use your personal data to:

(a) provide the Services; (b) process your payment for the Services; and (c) notify you about related products or services we offer. You can unsubscribe from these notifications at any time.

11.2 Our Privacy Policy provides additional information about how we treat your personal data and should be considered an integral part of these Terms.

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

12. limitation of liability: IMPORTANT NOTE FOR THIS SECTION

  1. 12.1 Nothing in the Agreement shall limit or eliminate our liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; (b) fraud or wilful misrepresentation; or (c) breach of the conditions set out in section 2 of the Supply of Goods and Services Act 1982 (property and quiet possession) or any other liability which cannot be limited or negated by applicable law. 12.2 Subject to 12.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

(a) loss of profit; (b) loss of business or revenue; (c) termination of or interference with the Agreement; (d) corruption or loss of software, data or other information; (e) loss of or damage to reputation; and (f) any secondary or consequential loss or damage. 12.3 In accordance with 12.1, our total liability to you under or in respect of the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total fees paid under the Agreement.

12.4 Except as expressly stated in these Terms, we offer no warranties, representations or conditions in relation to the Services. Any implied terms, whether by statute, common law or otherwise, are, to the extent permitted by law, excluded from the Agreement.

12.5 This Section 12 shall remain in force after termination of the Agreement.

13. secrecy

  1. 13.1 Each party undertakes not to disclose any confidential information about the other party's business, activities, customers, clients or suppliers, except as permitted in 13.2.

13.2 Each party may disclose the other party's confidential information:

(a) to their respective employees, officers, agents, subcontractors or consultants who require such information in order to perform their respective obligations under the Agreement. Both parties shall ensure that such persons comply with Section 13; and (b) if required to do so by law, a court of competent jurisdiction or other governmental or regulatory body. 13.3 Each party shall be limited to using the other party's Confidential Information solely for the performance of its respective obligations under the Agreement.

14. termination of contract

  1. 14.1 We reserve the right to suspend the Services or terminate the Agreement with immediate effect by written notice to you if:

(a) you breach any material term of the Agreement and fail to remedy the problem within 5 days of receiving written notice; (b) you fail to meet any payment deadline under the Agreement; (c) you take any action in relation to entering administration, provisional liquidation or debt restructuring (unless it is a solvent restructuring), winding up, appointing a receiver over your assets or ceasing to carry on business; (d) you cease or threaten to cease the majority of your business activities; or (e) your financial stability declines to such an extent that, in our judgment, your ability to perform your obligations under the Agreement is jeopardized. 14.2 Termination of the Agreement will not affect the accrued rights and remedies of either party as at the Termination Date.

14.3 Provisions in the Agreement that are expressly or impliedly intended to remain in force after termination shall remain in force.

15. unforeseen circumstances

15.1 We will not be responsible for any failure to perform or delay in performance of our obligations under the Agreement if this is caused by events beyond our reasonable control. This includes, but is not limited to, interruptions or problems affecting third party platforms such as Facebook, Twitter and LinkedIn.

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

(a) we will notify you as soon as reasonably practicable; and (b) our obligations under the Agreement will be suspended and extended for the duration of the event. If the Event prevents us from providing the Services or makes it commercially unreasonable to do so, we reserve the right to suspend the Services. 15.3 You have the right to cancel the Agreement if an Event Outside Our Control affects it. This does not apply to third party contracts that we cannot control.

16. communication guidelines

  1. 16.1 When we mention "in writing" in these terms and conditions, this also includes e-mail.

16.2 All notices or communications under the Agreement must be in writing, whether by hand, post or email.

16.3 The reception time for each message or communication is as follows:

(a) if delivered by hand, when a proof of delivery is signed for or the notice is left at the correct address; (b) if sent by post, at 9.00 a.m. on the second Business Day following dispatch; or (c) if sent by email, at 10.00 a.m. on the next Business Day following dispatch. 16.4 To validate the delivery of a notice, proof of proper delivery by post or email to the correct address is sufficient.

17 Other provisions

  1. 17.1 Transfer and assumption of responsibilities.

(a) We reserve the right to transfer or delegate our obligations and rights under this Agreement to another party.
(b) You may not transfer or delegate your rights or obligations under this Agreement without our written consent.

17.2 Amendments. Amendments to this agreement are only effective if they are recorded in writing and signed by authorized representatives of both parties.

17.3 Forbearance. Our delay or failure to insist upon the performance of any obligation by you, or our delay in enforcing any right against you, shall not constitute a waiver of our rights. A formal waiver will be given in writing and will not imply any automatic waiver of future breaches by you.

17.4 Divisibility. Each clause of these Terms is independent. If a court or competent authority decides that any part is unlawful or unenforceable, the remaining parts will continue in force.

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

17.6 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of Austria, Europe, and all parties expressly agree to submit all disputes arising out of or relating to this Agreement to the exclusive jurisdiction of the courts in Austria.

Terms of use of the website

By using our website, you signify your agreement to these terms of use and agree to abide by them. If you do not agree to these terms, you may not use our website.

Additional guidelines may apply to you

These terms of use are supplemented by the following additional guidelines, which also govern your use of our website:

Our privacy policy

Our acceptable use policy, which sets out the do's and don'ts when using our website. You must comply with this policy when using our website.
If you purchase subscription services through our website, your subscription will be subject to our Terms of Service.

Conditions may change

We revise these terms and conditions regularly. Each time you intend to use our website, we recommend that you check these terms to be aware of any changes.

Changes to our website

We reserve the right to update and change our website as necessary to better serve our products, the needs of our users and our business objectives. While we will endeavor to give reasonable notice of any material changes, we are under no obligation to do so.

Availability of our website

Our website is offered free of charge.
We cannot guarantee the continuous availability or uninterrupted operation of our website. We may restrict access, temporarily suspend access or withdraw our website entirely, whether for operational or business reasons. Where possible, we will try to give you reasonable notice.

You are responsible for ensuring that anyone who accesses our website through your internet connection is aware of these terms of use and any other relevant policies, and that they comply with them.

Keep your account information confidential

If you choose or receive a username, password or other security details, you must keep this information confidential and not disclose it to others.

We reserve the right to disable any username or password, whether chosen by you or provided by us, if we believe that you have breached any of these Terms.

Multi-factor authentication (MFA) and data protection

To increase data security, we implement multi-factor authentication (MFA) as a protective measure for your personal information.

By agreeing to these Terms of Use, you acknowledge and agree:

  • Activation of the MFAYou are required to enable and maintain MFA by using Google Authenticator or a similar app-based 2FA method in your DotSimple account. This includes providing and verifying additional authentication information beyond your password.
  • ResponsibilityYou are responsible for managing and securing 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.
  • Access and securityMFA with Google Authenticator or a similar app is intended to protect your account from unauthorized access. You agree not to share your MFA credentials or generated codes with others and to notify us immediately if you suspect unauthorized access to your account. https://sites.google.com/view/authenticator-privacy-policy/.
  • ComplianceFailure 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 committed to maintaining the highest standards of privacy and security, and the implementation of MFA is part of our commitment to your privacy.

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

Restrictions on the use of our content
We own or have licensed all intellectual property rights in our website and its content. This content is protected by copyright laws around the world. All rights reserved.

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

The commercial use of any part of the content of our website requires a license from us or our licensors.

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

Don't rely solely on our content
The content of our website is intended to provide general information and does not constitute professional advice. Consult experts or professionals before making decisions based on our content.

Although we endeavor to keep our content up to date, we cannot guarantee its accuracy, completeness or relevance.

We are not responsible for third party websites
Links to external websites are provided for information purposes only and should not be regarded as an endorsement. We have no control over the content of external sites and accept no responsibility for it.

Content generated by users is not approved by us
Our website may contain content uploaded by other users, such as forums or chat rooms. This content has not been reviewed 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 users

generated content, please contact us at office@DotSimple.io.

Liability and losses or damages incurred by you
We accept no responsibility for any loss or damage you may suffer except as expressly stated in our terms and conditions.

Regardless of your user status
We do not waive or limit our liability to you in any unlawful manner. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or sub-contractors and for fraudulent acts or misrepresentations. Certain limitations and exclusions of our liability are detailed in our product delivery terms when you purchase products from us.

For business users

We disclaim all implied warranties, conditions or representations that may apply to our website or its content. We will not be liable for any loss or damage you may suffer, whether in contract, tort (including negligence), statute or otherwise, even if foreseeable, arising out of:

  • your use of or inability to use our website; or
  • Your dependence on content found on our website. In particular, we are not liable for:
  • Loss of profits, sales or revenue;
  • Business interruption;
  • Loss of expected savings;
  • Loss of business opportunities, goodwill or reputation;
  • Indirect or consequential damage.

For consumer users

Our website is intended for private, non-commercial use. By using our website, you agree not to use it for commercial purposes and we will not be liable for any financial loss, business interruption or loss of business opportunity that you may suffer. If digital content provided through our negligence damages your device or other digital media, we will either repair the damage or provide compensation. However, we are not liable for damage that could have been avoided by applying a free update that we have provided, or if the damage is due to you not following our installation guidelines or not meeting the minimum system requirements we have specified.

Handling your personal data

We will treat your personal information in accordance with our privacy policy.

Upload content to our platform

If you use features that allow you to upload content to our website or interact with other users of our website, you must comply with the guidelines contained in our Acceptable Use Policy.

By uploading such content, you represent to us that you will comply with these guidelines and you agree to indemnify us for any damages we incur as a result of your breach of this representation.

We reserve the right to disclose your identity to a third party who claims that content you have uploaded to our website infringes their intellectual property rights or privacy rights.

We may also remove content that you post if it does not comply with the guidelines contained in our acceptable use policy.

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

Rights you grant us to your uploaded materials

By uploading content to our website, you grant us a non-exclusive, worldwide, royalty-free license to use that material.

Your responsibility for safety

We cannot guarantee that our website is free from viruses or other security risks.

It is your responsibility to ensure that your IT infrastructure is properly configured to access our website and to use your own anti-virus software.

Illegal activities are prohibited

You must not deliberately introduce harmful or malicious technological elements such as viruses, Trojans or worms into our website. Unauthorized access to our website, its servers or associated databases is also prohibited. Activities such as denial of service attacks are not permitted and are illegal under the Computer Misuse Act 1990. We will report such activities to law enforcement authorities and disclose your identity to them. If you breach this policy, your access to our website will be revoked immediately.

Guidelines for linking to our website

You may link to our homepage as long as you do so in a legal, fair manner that neither damages nor exploits our reputation.

Links must not imply any association or endorsement by us, unless expressly stated.

Links to our website from websites that do not belong to you are not permitted.

Our website may not be displayed in frames on another website, nor may you link to a section other than the homepage.

We reserve the right to revoke permission to link at any time without prior notice.

Any website that links to ours must comply with our acceptable use policy.

For any other use of the content of our website, please contact us at office@DotSimple.io.

Applicable law and place of 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 customer, these Terms and any disputes arising out of them shall be governed by the laws of Austria, Europe, and we both submit to the exclusive jurisdiction of the courts of Austria, Vienna.

Use of our intellectual property
Our intellectual property may not be used without our express written consent.

Guidelines for acceptable use
This Acceptable Use Policy describes the agreement between you and us regarding your use of our website, www.DotSimple.io. This policy applies to all users of and visitors to our website.

By using our Website, you confirm that you agree to all the policies set out in this Acceptable Use Policy, which supplement our Website Terms of Use.

Unauthorized uses

You may only use our website for lawful activities. You are not permitted to use the website:

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

Additional obligations:

You may not copy, reproduce or sell any part of our website in breach of the terms of use of the website.
You are prohibited from unauthorized access to or interference with any part of our website, the network and equipment that store our website, the software that makes our website possible, or the networks or software of third parties.

Suspension or termination

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

  • Revoke your access to our website temporarily or permanently.
  • Remove any content you have uploaded.
  • Issue a formal warning.
  • Take legal action for reimbursement of costs on an indemnity basis.
  • Take any other legal action.
  • Provide necessary information to law enforcement authorities.

We accept no responsibility for any action taken in response to breaches of this policy. The steps listed here are not exhaustive and we reserve the right to take any action we deem necessary.

Amendments to the Directive

We may update this Acceptable Use Policy without notice. It is your responsibility to check this page regularly. Any changes made are legally binding. Some parts of this policy may also be superseded by updates or notices posted elsewhere on our website.

THE FUTURE OF AI SOCIAL MEDIA MARKETING IS NOW

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