Terms ... because legal
We consider it a digital acceptance when you or your affiliates access or in any way use the Simplero service or website. You are implicitly agreeing to these terms as they appear at any time - even if you don’t read them. So we suggest you take a peek. Failure to comply will result in the immediate termination of services, so do yourself a favor and just have a glance.
We may change these terms at any time. If we make major changes we'll let you know by email. By continuing to use Simplero, you will have agreed to these changes.
If you have affiliates promoting for you, they will be bound by these terms as well, and you're responsible for your affiliates adhering to them so have them take a glance too.
Things you're absolutely positively not allowed to do
Let's clear this out of the way first. If you're even thinking of doing any of these things, we don't want you here!
You must use the website for lawful purposes only. You must not use the website for any of the following:
- Send spam messages via email, text messages or any other medium.
- Violate any laws, statutes, ordinances, or regulations in Denmark, USA, or your own country.
- Sell things or promote content that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of intellectual property rights, or is a threat to our or your customers' safety.
- To reproduce, duplicate, copy or resell any part of our website or the content therein because it belongs to us. More on our intellectual property rights below.
- Violate the privacy of the people handing over their information to you – because they trust you to keep it safe.
- Use this website if you are under age 13 or to impersonate any third party or otherwise mislead as to the origin of your content. Be and act maturely please. And no bogus e-mails either.
- To send, use or re-use any material that consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of Simplero.
- To cause annoyance, inconvenience or needless anxiety - because that’s just not the kind of environment we offer here and those kinds of things are not welcome.
Also, it’s fairly obvious, but you must not use our website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way.
You must have proof that all the people in your database have opted in and asked to receive information from you. No buying or selling or renting or bartering information about people.
You understand that you are solely responsible for all content sent from your computer to Simplero so keep an eye out for anything that looks suspicious before you enter it.
If we think what you're doing is spammy or inappropriate, including if someone's doing it on your behalf, we reserve the right to terminate your account without warning or recourse. We really hate spammers. Don't be one.
To comply with the US CAN-SPAM law, all e-mail messages will automatically have an opt-out link. Make sure you don't do anything to obscure it. Also, it must have your physical address, so make sure you enter that correctly in the interface. Make sure you get less than 0.1% spam reports on your campaigns, otherwise we'll have to have a talk, and we may have to suspend your account. If you use your account to send outright spam, we will suspend your account and charge all associated costs to the card on file, as well as help get you prosecuted. But we trust you're not a spammer.
If we get complaints from your customers or third-parties about your behavior, we will notify you via email, and then start to investigate the complaint. We reserve the right to charge you $250 per instance to investigate. If the complaint looks valid, we may have to suspend your account permanently or until we get a good explanation from you.
We reserve the right to restrict or deny service to customers who exploits our liberal pricing of the email delivery, text message delivery, content delivery, video and audio encoding, and other such features that incur extra costs for us.
Intellectual property rights
We claim no intellectual property rights over the material you upload to and/or market via Simplero. It's yours, unless you are a guest blogger and then you agree to our additional terms as well.
All the leads and customer information you collect is protected and held in confidence. We do not contact your customers or leads, and we don't sell or share that information with third-parties either, except for the data processing vendors mentioned below.
The same goes for affiliate information. That also is confidential, and is only used to calculate the commission fee and complying with any regulations necessary.
However, the content, layout, design, data, databases and graphics related to Simplero and this website are protected by copyright, trademark and other intellectual property laws. Content is solely owned by us, unless otherwise indicated.The trademarks and logos which are displayed on the website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.
If we grant you permission to translate website text owned by Simplero into a language other than English, you agree and understand that you may only translate the text into a language that we have approved in advance, and you are to conduct the translation using the login information that we provide to you to access our third-party translation provider's web application. You also agree that while we may grant you the privilege of translating the website text, you are doing so voluntarily, without the expectation of any current or future compensation, and you recognize that you are not being granted or receiving any intellectual property rights or ownership in the translated language. All original and translated website text is owned by Simplero, and Simplero retains all copyright, trademark, and other intellectual property rights.
You may not use this site or the materials available on or through this website in a manner that constitutes an infringement of our rights or that has not been authorized by us. You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you. However, you may use it for your business use, since that is likely why you have purchased it, so long as you give us full credit and attribution.
We hate to be tough about this, but you must understand and acknowledge that Simplero has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use. You would want the same for your website and materials, right?
We offer a software as a service, and this is the license under which you use that software. We own the software and code and all the rights to it, and we reserve the right to revoke the license at any time.
For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license, limited to you only.
When you enroll in Simplero, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you here. This is considered stealing and theft, and while we certainly hope we don’t ever have to be put in this position, we do reserve our right to prosecute theft to the full extent of the law. To make it easier on all of us, just don’t steal our stuff please.
By uploading and/or marketing any material through Simplero, you are granting us a license to use and display your materials, and in so doing, you agree that we are not violating any of your copyright, trademark, or intellectual property rights under any relevant jurisdiction, and you grant us the right to identify you as the author of any of your postings as well. You represent that you either own or have the appropriate legal rights to upload all of the information that you post or upload, and that you are not violating the intellectual property rights of any other person by so doing.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You own the data that you enter into Simplero, including your customer information. We do our best to ensure it is backed up at least nightly, but can assume no liability should the backups fail.
All rights not expressly granted in these terms or any express written license, are reserved by us.
If you are selected as a guest blogger for Simplero, you are agreeing to these additional terms:
You retain the copyright to your original work that you submit to Simplero, and if published by Simplero, you are granting Simplero a perpetual, royalty-free license to share your content online on our website, in e-newsletters, in e-books, on social media, and anywhere else we deem appropriate, knowing we agree to give full attribution and credit to you as the author
You agree to not post any of your work that is published by Simplero anywhere else online, including your own website. You can post a different article about the same subject, of course, but the wording may not be identical to the work that is published by Simplero. We desire unique articles that are not posted anywhere else.
You agree not to use the original work that is published by Simplero in any way offline or behind a paywall where Google and other spiders can't get to it.
No compensation will be provided to you as a guest blogger. Your submission is a gift to educate others through Simplero.
We charge for Simplero in advance: monthly plans every 30 days and annual plans every 360 days. Any fees you accumulate from sending text messages are charged every 30 days for the preceding 30 days. If you exceed plan limits for contacts or approach plan limits for storage, we will automatically provision more contacts or storage for you and charge you a prorated upgrade fee right away.
New accounts may start with a free or lower-cost trial period. At the end of the trial period, we will charge your credit card on file for the next 30-day, 360-day, or other period as agreed up-front, according to the plan shown on your account billing page. We will send you an email at least seven days before the end of your trial period to remind you. You can change your plan any time before the end of your trial on your account billing page. You can cancel your account at any time using the "Delete my Simplero account" link at the bottom of the account billing page.
To access the account billing page, login at simplero.com. If you have more than one Simplero account, make sure you're accessing the one you want to change. Click "Settings" in the main menu, and click "Plan & billing".
If you are not satisfied with the service, we are happy to provide a full refund within 30 days of the end of your first payment. After that, we don't do refunds, and you're paying for availability, so even if you don't use the service, you still have to pay us.
Make sure the credit card and contact information for your account is always up-to-date. That's your responsibility.
All charges are automatically invoiced and charged to the card on file. You'll get an email invoice when that happens.
If we repeatedly cannot charge the outstanding amount, we will first suspend your account and then permanently delete it.
You can close your account any time you'd like. Just go to Settings > Plan and Billing in your admin interface, and you'll find the link at the bottom. You can also grab a copy of your data in the same place.
We reserve the right to adjust prices for use of Simplero as needed.
Just so you know, we are not responsible for any website outside this website. It is your responsibility to review the terms and conditions and privacy policies of those websites. So in order to use PayPal, you need to comply with their Acceptable Use Policy. Likewise for other payment gateways you must adhere to their rules and terms. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of their products and services.
We keep all customer information confidential. By you providing your personal information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep such information safe and secure. Not surprisingly, your information is stored through our data management system. Your information can only be accessed by those who help manage that information and by using Simplero you are granting us that right.
We don't sell or share that information with anyone, other than trusted third-party data processing vendors who process those data on our behalf, and also promise to keep it confidential. We only collect the information we do in order to provide the service and so we can contact you about changes to that service.
We may send marketing messages to you if you have okayed that. You can always opt-out of that okay.
We may disclose personal information if required to do so by law or in the good-faith belief that it is necessary to (a) comply with legal process served on us, our partners, sponsors, investors, or affiliates; (b) protect and defend our rights or property or those of our customers; or (c) to protect the personal safety of our users or the public. Otherwise, we try our best to keep your information safe and secure.
To use Simplero, you will be given a username (Simplero ID) and password. Keep that info confidential because you are responsible for all activities that occur under your password or account. Please tell us immediately of any unauthorized use of your password or account or any other breach of security. Help keep Simplero safe. You may also enable two-factor authentication for your Simplero ID, which increases security significantly.
Note that whenever you voluntarily make your personal information available for viewing by third parties online, such as on blogs, message boards, emails, or in chat areas, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any use of the information that you voluntarily share. Same goes with your password. Don’t share it with others.
Our product is not designed to store sensitive information about people, though we cannot prevent people from entering such information themselves, nor can we prevent our customers from collecting such information. We assume no liability in the case that sensitive personal information are stored in our system without our written consent.
Data being processed and your rights
We process basic data such as name, email, phone number, and other similar non-sensitive information given to us by people themselves, or given to us by our customers, who certify that they've gotten that information legitimately.
We also store incidental information, such as IP addresses and clicks on links in emails or, in some cases, visits to websites.
We are processing this data in order to send you emails or text messages that you have requested, and to make offers for products that you are likely to be interested in.
You may of course at any point request that we stop sending you more information, or that we delete the information that we have on you.
We are storing that information in the Amazon Web Services (AWS) cloud, as well as sharing it with SendGrid for sending emails, and Twilio for sending text messages.
We offer you choices regarding the collection, use, and sharing of your PII. You are not required to provide any personal data.
Your information may in some cases end up with Sentry, which we use for tracking errors on the platform.
You have a right to access your personal data.
At any point you may ask us to delete your information.
We keep our data records until they're explicitly deleted, either because someone asked us to be forgotten, or because a Simplero account was closed.
We store them in a database running behind several layers of security.
In the event that we discover a data breach, we will promptly communicate about it on status.simplero.com.
Privacy Shield stuff
In compliance with the Privacy Shield Principles, Powerful Through Grace, Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Powerful Through Grace, Inc. at: firstname.lastname@example.org. Powerful Through Grace, Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.
Please note that we are not yet Privacy Shield certified. We're working on the certification, and will update our terms as soon as it's been accepted.
Our organization is subject to the investigatory and enforcement powers of the Feteral Trade Commission (FTC).
You may, under certain conditions, invoke binding arbitration.
We are required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may be liable in cases of onward transfer to third parties.
Anonymous data collection and use
To maintain our website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the website. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you – it is all anonymous – but it is helpful to us for marketing purposes and for improving our services.
Use of "cookies"
We may use the standard "cookies" feature of major web browsers. Cookies are small pieces of data stored on your computer that contain information about the user. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies.
Cookies help us learn which areas of our website are useful and which areas need improvement. You may choose to disable cookies through your web browser’s settings.
Cookie information is only used when communicating with users as per their indicated preferences and as needed for service-related communications. Third party content that may be displayed on our site may also contain their own cookies, but we have no access to or control over any information collected by third parties through our website.
We pride ourselves on excellent and prompt customer service. We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We, of course, try to limit the frequency and duration of any suspension or restriction because we want you using Simplero as often as possible.
We take every precaution to protect your and your customers’ information. When you submit sensitive information via Simplero, we do have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you and your customers. However, due to the nature of the Internet, we cannot completely ensure, warrant or guarantee the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
You agree that you are using your own judgment in using the information provided on and through Simplero, which is done at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We try to ensure our website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our website will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our site become unavailable or access to the site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website inaccessible to you.
Liabilities not assumed
Simplero assumes no liability whatsoever whether for direct damages; for consequential damages of any kind, without limitation, loss of income, profits, markets, interest, business opportunity, use of goods, or any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the website.You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.The information contained on our website or otherwise provided to you by Simplero is for educational and informational purposes only, and is made available to you as self-help tools for your own use.
If you are dissatisfied with Simplero in any way, your sole and exclusive remedy is to discontinue using Simplero. That’s it.INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in our programs or services.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant related to Simplero.
It is your responsibility as a customer to have proper insurance coverage in the case of loss due to your use or non-use of Simplero.
We don't run around terminating people's accounts - it's our livelihood and it's why we exist. What's the fun in developing software if no-one is using it? That said, we do reserve the right to terminate an account at any time, with or without a reason or explanation. And even after your access has been terminated, you still are required to comply with all parts of these terms forever.
The reason this section is here at all is not so that we'll have a better shot in the case of legal action. It's because it helps prevent that legal action and encourage everyone to get in a room and hash things out in advance so we can have an amiable solution.
If a disagreement crops up, we both agree to use mediation first before any arbitration, litigation, or other procedure.
If we can't agree, any disputes will be resolved according to Danish law, and in the courts of Lyngby, Denmark for Denmark-based customers, and the courts of New York for customers from the US and other countries.