SimplyGated Terms of Service

Last Revised: 24/02/2020

Overview

Welcome to SimplyGated, we're thrilled to have you on board. Simplygated.com is operated by Slicknode LLC, a Texas company (collectively, “us,” “we,” or “our). Please read these Terms of Service ("Terms") carefully as they govern your use of the simplygated.com website and all related tools, applications, blogs, API, and any other software, sites or services offered by or associated with simplygated.com (collectively, the “Service”). Your responsible use of our service is essential for maintaining its integrity.

By continuing to browse, access, and use our Services, you (“Customer,” “You,” or “Your”) acknowledge that you have read and accept the terms and conditions set out below. If you do not accept, you must cease to access and use our services immediately. SimplyGated reserves the right to amend these Terms periodically. If any future changes are unacceptable to you, you should discontinue using the Services. Your continued use of the Services now, or following the posting and reasonable notice of any such changes, will indicate your acceptance of these Terms, and of any such changes.

If you have any questions about the Terms, please reach out to us at [email protected].

Your Account

• You must be at least 13 years old to use the Service. In order to use certain features of the service, you will need to create an account.
• To protect your account, keep the account details and password confidential. You are responsible for maintaining the security and confidentiality of your account and password.
• YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
• For paid accounts, charges will occur on a monthly basis. You can cancel anytime, but please note that refunds are not provided.
• Automated account creation methods are not permitted.

Use of the Service

By using the service, you agree to:

• Provide accurate and complete information.
• Ensure your use of the Service complies with all applicable laws and regulations.
• Refrain from engaging in activities that disrupt or interfere with the Service.
• Not share your account with other individuals, including your password or login information with others. Multiple individuals are not permitted to use the same account to avoid fees.

SimplyGated reserves the right to suspend or terminate your account if you violate the Terms or for any reason SimplyGated deems necessary. In addition, SimplyGated may enforce quotas and usage limits, with or without notice, as necessary to provide the Service.

Service Policies and Privacy

• Use of the Service is subject to our Privacy Policy. Please read the Privacy Policy carefully; by using the Service, you agree to the collection and use of your data in accordance with the Privacy Policy

Fees for Use of the Service

• Some limits or trial periods may apply to free use of the Service.
• Usage beyond these limits or trial periods requires the purchase of additional resources or services.
• Payments for purchased resources and services are charged on a monthly basis.
• You can cancel at any time, but payments are non-refundable.
• SimplyGated charges an application fee for all sales executed via the SimplyGated Service in the amount of 10% of the pre-tax transaction amount plus a 50 cent transaction fee.
• All fees are exclusive of any applicable taxes, levies, or duties.
• Your credit card and billing information may be shared with third-party service providers, as outlined in our Privacy Policy, solely for payment processing and as necessary to provide the Services
• Changes to fees and payment policies will be communicated at least thirty (30) days prior to taking effect.

Cancellation and Termination

• Account cancellation must be done via [https://simplygated.com]. Requests via email or phone are not considered valid cancellations.
• No refunds will be issued upon account cancellation.
• If you cancel before the end of your current billing cycle, your cancellation will take effect immediately.
• SimplyGated reserves the right to terminate or suspend your account at its sole discretion, with or without prior notice.

Ideas and Feedback

• You may submit comments or ideas about the Service, which SimplyGated may use without restriction or compensation.
• By submitting ideas, you waive any fiduciary obligations and grant SimplyGated the right to use the ideas freely.

Modification of the Service

• The Service may change from time to time without prior notice.
• Such changes may include modifications to fees, security updates, feature additions or removals, and other enhancements or restrictions.External Resources SimplyGated may include hyperlinks to external websites or resources, but does not endorse or control them.

License from SimplyGated and Restrictions

• You are granted a personal, non-exclusive license to use the software provided by SimplyGated solely for the purpose of using the Service.
• You may not copy, modify, reverse engineer, or attempt to extract the source code of the Service.

EXCLUSION OF WARRANTIES

• EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SIMPLYGATED, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIMPLYGATED MAKES NO WARRANTY THAT THE SERVICE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
• SIMPLYGATED DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
• SIMPLYGATED DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE SIMPLYGATED ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, SIMPLYGATED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
• THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL SIMPLYGATED OR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, SHAREHOLDERS/MEMBERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF SIMPLYGATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SimplyGated, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “SimplyGated Parties”), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to: (i) your use or misuse of the Service; (ii) your violation of these Terms; (iii) your violation of the rights of a third party or of applicable law; (iv) your negligence or willful misconduct. You agree to promptly notify SimplyGated of any Claims and cooperate with the SimplyGated Parties in defending such Claims.

Entire Agreement

• These Terms constitute the entire agreement between you and SimplyGated regarding the Service.
• SimplyGated’s failure to enforce any provision of these Terms does not waive its right to enforce such provision in the future.