SimplerWork Terms of Service
Last Updated: November 19, 2024
1. Introduction
Welcome to SimplerWork! These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you," or "your") and Simpler Work d.o.o. ("SimplerWork," "we," "us," or "our"). By accessing or using our website, services, and applications (collectively, the "Services"), you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS ON OUR LIABILITY AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Definitions
"Account" means a unique account created for you to access our Services or parts of our Services.
"Aggregated Statistics" means data and information related to your use of the Services that is used by SimplerWork in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
"Confidential Information" means any non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
"Customer Content" means any data, information, content, or material that you submit, upload, or transmit to or through the Services.
"Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, service marks, copyrights, trade secrets, database rights, and any other proprietary rights.
"Third-Party Services" means any services, products, content, or materials provided by a third party that may be displayed, included, or made available through the Services.
"User" means any individual who accesses or uses the Services.
3. Acceptance of Terms
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, available at www.simpler-work.ai/privacy-policy. If you do not agree with these Terms, you must not access or use the Services.
4. Modifications to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Services.
5. Description of Services
SimplerWork provides custom AI development, process automation solutions, web software development, employee training programs, and the SimplerWork AI platform with AI work modules for small and medium-sized enterprises (SMEs). Our Services are designed to streamline business processes, enhance efficiency, and support your organization's technological growth.
6. User Accounts and Security
6.1 Account Registration
To access certain features of the Services, you need to create an Account. You must provide accurate, current, and complete information during the registration process and keep your Account information updated.
6.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
7. Use of the Services
7.1 Eligibility
You may use the Services only if you are 16 years of age or older and capable of forming a binding contract with SimplerWork, and not otherwise barred from using the Services under applicable law.
7.2 User Obligations
You agree to:
Use the Services in compliance with these Terms and all applicable laws and regulations.
Provide accurate, current, and complete information when requested.
Not engage in any prohibited activities as outlined in Section 7.3.
7.3 Prohibited Activities
You shall not:
Use the Services for any unlawful purpose or in violation of any local, national, or international law.
Transmit any viruses, malware, or other harmful content.
Attempt to gain unauthorized access to any part of the Services or related systems.
Interfere with or disrupt the integrity or performance of the Services.
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services.
Remove or alter any proprietary notices from the Services.
7.4 Customer Responsibilities
You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly. You shall:
Ensure that all users authorized by you comply with these Terms.
Be solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content.
Comply with all applicable laws and regulations in connection with your use of the Services.
8. Aggregated Statistics
SimplerWork may monitor your use of the Services and collect and compile Aggregated Statistics. All right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by SimplerWork. SimplerWork may use Aggregated Statistics to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other SimplerWork offerings.
9. Changes to the Services
We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
10. Fees, Payment, and Taxes
10.1 Pricing and Payment Terms
Certain aspects of the Services may be provided for a fee or require payment. By selecting a paid Service, you agree to pay SimplerWork the fees indicated for that Service. Payments are due in advance unless otherwise agreed in writing.
10.2 Payment Processing
All payments are processed through Stripe, a third-party payment processor. By making payments through our Services, you agree to be bound by Stripe's Services Agreement and Privacy Policy. Stripe handles all aspects of the payment process, including data collection and processing. We do not store or collect your full payment card details. That information is provided directly to Stripe, whose use of your personal information is governed by their Privacy Policy.
10.3 Payment Information
You agree to provide accurate, current, and complete payment information. You authorize SimplerWork to charge your payment method for all fees payable during the subscription term. You are responsible for any applicable taxes.
10.4 Automatic Renewal
If you sign up for a subscription, your subscription will automatically renew at the end of each billing cycle unless you cancel it. You authorize us to charge your payment method for the renewal subscription fees. You may cancel your subscription at any time by contacting us at I.WANT@SIMPLER-WORK.AI or through your Account settings.
10.5 No Refunds
All fees are non-refundable unless otherwise specified in writing. In the event that SimplerWork suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription or any fees for any portion of the Services.
10.6 Taxes
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties.
11. Intellectual Property Rights
11.1 Ownership
All Intellectual Property Rights in and to the Services, including but not limited to software, technology, algorithms, trademarks, service marks, and logos, are and shall remain the exclusive property of SimplerWork and its licensors.
11.2 License Grant
Subject to your compliance with these Terms, SimplerWork grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the term of this Agreement solely for your internal business purposes.
11.3 Reservation of Rights
SimplerWork reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted herein, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, any Intellectual Property Rights or other right, title, or interest in or to the Services.
11.4 Customer Content
You retain all rights to your Customer Content. By submitting Customer Content to the Services, you grant SimplerWork a worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of providing and improving the Services.
In connection with your Customer Content, you affirm, represent, warrant, and covenant that:
You have the necessary rights and permissions to submit the Customer Content and to grant the license as described above.
Your Customer Content does not violate any applicable laws, regulations, or third-party rights, including but not limited to Intellectual Property Rights and privacy rights.
11.5 Feedback
If you provide any suggestions, ideas, or feedback ("Feedback") to SimplerWork, you agree that SimplerWork may use, modify, and incorporate such Feedback without any obligation to you.
12. Confidentiality
12.1 Obligations
Each party agrees to:
Maintain the confidentiality of the other party's Confidential Information.
Not disclose any Confidential Information to third parties without prior written consent.
Use Confidential Information only for the purposes of fulfilling obligations under these Terms.
12.2 Exceptions
Confidential Information does not include information that:
Is or becomes publicly available without breach of any obligation.
Was known to the receiving party prior to disclosure.
Is received from a third party without restriction.
Is independently developed by the receiving party without use of the Confidential Information.
13. Data Protection and Privacy
13.1 Personal Data
SimplerWork does not process personal data on behalf of customers as part of the Services. We do not collect or store personal data from your use of the Services, except as necessary for Account creation and management, as detailed in our Privacy Policy.
13.2 Privacy Policy
Our collection and use of personal information in connection with your Account and our Services are described in our Privacy Policy, available at www.simpler-work.ai/privacy-policy. By using the Services, you consent to the collection and use of information in accordance with the Privacy Policy.
13.3 Cookies Policy
We use cookies and similar tracking technologies to track the activity on our Services and hold certain information. For more information on the cookies we use and your choices regarding cookies, please refer to our Cookies Policy at www.simpler-work.ai/cookies-policy.
14. Third-Party Services
Our Services may include links or integrations to Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions and privacy policies of those third parties. SimplerWork does not endorse or assume any responsibility for any such Third-Party Services. You access and use Third-Party Services at your own risk.
15. Changes to the Services
We may, without prior notice, change the Services; stop providing the Services or features of the Services to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason.
16. Limitation of Liability
16.1 No Warranty
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. SimplerWork disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
16.2 Limitation of Liability
To the maximum extent permitted by applicable law, SimplerWork and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Services.
16.3 Cap on Liability
In no event shall SimplerWork's total cumulative liability exceed the amount you have paid to SimplerWork for the Services in the twelve (12) months immediately preceding the event giving rise to such liability.
16.4 Force Majeure
SimplerWork shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, acts of terrorism, civil unrest, government actions, labor disputes, utility failures, or internet disruptions.
16.5 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, the liability of SimplerWork shall be limited to the maximum extent permitted by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless SimplerWork, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, violation of these Terms, or infringement of any third-party rights.
18. Termination
18.1 Termination by You
You may terminate these Terms at any time by discontinuing use of the Services and deleting your Account.
18.2 Termination by SimplerWork
We may suspend or terminate your access to the Services at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms.
18.3 Effect of Termination
Upon termination of these Terms:
Your right to use the Services will immediately cease.
All licenses granted to you will terminate.
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property Rights, Confidentiality, Limitation of Liability, Indemnification, and Governing Law.
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Slovenia, without regard to its conflict of law provisions.
19.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved through amicable negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the competent courts in Ljubljana, Slovenia.
20. Notices
All notices or communications under these Terms shall be in writing and sent to:
Simpler Work d.o.o.
Address: Ulica Iga Grudna 22, 1000 Ljubljana, Slovenia
Email: legal@simpler-work.ai
Notices shall be deemed given upon receipt.
21. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SimplerWork may assign or transfer its rights and obligations under these Terms without restriction.
22. Language
These Terms are made in the English language. If these Terms are translated into any other language, the English language version shall prevail in the event of any conflict between the two versions.
23. Entire Agreement
These Terms constitute the entire agreement between you and SimplerWork regarding the use of the Services and supersede all prior agreements.
24. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
25. Waiver
The failure of SimplerWork to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Simpler Work d.o.o.
Email: i.want@simpler-work.ai
Address: Ulica Iga Grudna 22, 1000 Ljubljana, Slovenia
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.