Terms of Service

Policies that apply to your account and use of this website.

These Terms of Service are a contract between you and Simpool LTD (referred to in these Terms of service as “Simpool”, “us”, “we” or “our”), the provider of the Simpool website and the services accessible from the Simpool website (which are collectively referred to in these Terms of Service as the “Simpool service”). For purposes of clarity, this policy applies to all websites that Simpool operates. The list of websites can be found in the “List of websites that Simpool uses on our websites” section of the Cookie policy page.

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Simpool service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Your Account

• Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
• Registration Information. You must provide a valid permanent email address, along with any other information required by Simpool during the registration process. One person or legal entity may not maintain more than one free account.
• Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy policy.
• Restrictions. You may not use the Simpool service for any illegal or unauthorised purpose. You must not, in the use of the Simpool service, violate any laws in your jurisdiction, including, among other things, by:
• distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
• covering or obscuring any notice, legend, warning or banner contained on the Simpool service;
• interfering with or circumventing any security feature of the Simpool service or any feature that restricts or enforces limitations on use of or access to the Simpool service;
• infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
• being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Simpool in its sole discretion; or
• deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information

Payment, Refunds, Upgrading, and Downgrading

A valid credit card is required for paying accounts unless your company has been granted permission to pay for services by invoice, in which case payment via bank transfer is acceptable. Note that all payment total should reach us NET of bank charges. Free accounts are not required to provide a credit card number.

The Simpool service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of previous communications relating to our money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Simpool service or payments made by you in connection with your use of the Simpool service.

Money-back guarantee

If for any reason, you are unhappy with your Simpool purchase, we offer a 30-day money-back guarantee. If you decide not to use Simpool in your business within 30 days from your first payment, you may request a full refund. This applies to technical support services (for example, remote support services) and not other services such as internet subscriptions.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Simpool has no obligation to prescreen or monitor your access to or use of the Simpool Service or any information, materials or other content provided or made available through the Simpool Service, but has the right to do so. You hereby agree that Simpool may, in the exercise of our sole discretion, remove or delete any data, accounts, or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time by emailing support@simpool.co. The Account Owner, and in some cases Administrators with permission, are the only users that can request an account cancellation.

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by the request of the Account Owner to Simpool for a 14-day period. Canceled accounts cannot be recovered or restored from Simpool following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.

Termination

Simpool reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.

Simpool, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the Simpool Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Simpool Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Simpool Service plans are subject to change. If Simpool does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least one (1) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Simpool Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Simpool Service. Your continued use of the Simpool Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Simpool Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Simpool Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Simpool Service to you.

Similarly, any reporting data we collect from your use of the Simpool Service remains yours. By using the Simpool Service you agree that we can use this data to provide the Simpool Service to you, and you also agree that as long as the data is anonymised and does not identify you, we can combine this data with the anonymised data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Simpool Service.

Simpool, and the Simpool logos, are trademarks of Simpool and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Simpool Service. For more guidelines on using the name or logo, please contact us.

Account Access

In some cases, it is necessary for Simpool employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Simpool employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Indemnification

You agree to indemnify and hold Simpool, its parents, subsidiaries, affiliates, officers, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Simpool Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Simpool Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Simpool is a distributor and not a publisher of the content supplied by third parties; as such, Simpool exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Simpool Service. Without limiting the foregoing, Simpool specifically disclaims all warranties and representations in any content transmitted on or in connection with the Simpool Service or on sites that may appear as links on the Simpool Service, or in the products provided as a part of, or otherwise in connection with, the Simpool Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Simpool or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Simpool does not warrant that the Simpool Service will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Simpool will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Simpool Service, whether or not Simpool is advised of the possibility of such damages. You acknowledge and agree that Simpool maximum liability to you will not exceed the amount you have paid Simpool in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Simpool Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by and construed in accordance with the laws of England and Wales.

Any dispute you have which relates to these terms and conditions, or your use of the Simpool Service (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales. You irrevocably consent to the exclusive jurisdiction of the courts of England and Wales in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Simpool. Simpool will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Simpool operates and controls the Simpool Service from its offices in the United Kingdom. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Simpool Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Simpool Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Simpool concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.