INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Simple tool Apps(“we,” “us” or “our”), concerning your access to and use of our software applications for mobile devices .
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download and install the App.
It is important that you read and understand this Agreement. By downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you have downloaded and installed the App.
If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install or start using the App or in case you have already done so, you must promptly delete the App from any mobile in your possession or under your control.
CHANGES TO THIS AGREEMENT
We reserve the right at our sole discretion to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the alterations to the revised Agreement by your continued use of the App.
RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18), in order to use the App must have the permission of, and be directly supervised by their parent or guardian. Therefore, if you are between thirteen (13) and seventeen (17) years old and you wish to use, download, install, access or use the App, before doing so you must: (a) ensure that your parent or guardian have read and agreed to this Agreement prior to your use of the App; (b) have the power to enter into a binding agreement with us under the applicable law.
Parents and guardians must directly supervise any use of the App by minors.
Any person under the age of thirteen (13) is not permitted to download, install, access or use the App.
You confirm that you are either older than eighteen 18 years of age, or you are an emancipated minor, or possess a legal parental or guardian consent, and are empowered to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
PRIVACY POLICY
Your privacy is important for us. Accordingly, we have developed a Privacy Policy in order to explain how we process, use and store information, including your personal data. By accessing the App and continuing to use it you are deemed to have accepted the Privacy Policy, as well as to have acknowledged the ways in which we process your information, and appropriate legal grounds for personal data processing.
We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App. In order to read our Privacy Policy please click here.
END USER LICENSE AGREEMENT
By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).
PROHIBITED BEHAVIOUR
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works on the basis of the App or any documentation related to it.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and / or duplicate, distribute, publish, use any content of the App, directly or indirectly, in a way constituting a violation of our intellectual property rights.
You shall not make any attempts to use the App or part thereof for malicious intentions.
We are not responsible for the way you use the App. We are entitled to adopt against any user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the State of New York, the United States of America, and shall be submitted to the competent courts of New York, USA.
AVAILABILITY OF THE APP, ITS SECURITY AND ACCURACY
In order to get access to all functions of the App, you must ensure that your mobile phone or tablet are connected to the Internet. The App is available for downloading and installing on handheld compatible mobile devices running Android 6.0 with minimum system requirements and up.
We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free.
You acknowledge that the App requires an internet connection, therefore the quality and availability of the App may be affected by factors beyond our control.
Please note that we may change or update the App without noticing you. We may suspend your access to the App, or close it indefinitely in case we have a valid reason for that.
You warrant that any information you submit us is true, accurate and complete. You agree to keep it continually actual.
The version of the App may be upgraded from time to time for the sake of adding new functions and services.
You can discontinue using our Services at any time by choosing the relevant option in your account settings. In case you decide to stop using the App, you should undertake necessary steps to uninstall it.
CHARGES
The App is provided on free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App requires paid subscriptions. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.
You can choose different subscription options. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Subscriptions are automatically renewed for a new billing period (weekly, monthly, annually), and you may be charged no more than 24 hours before the beginning of each billing period. You may cancel subscription at any time before the end of the applicable billing period as described here, and the cancellation will apply to the next period. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
Certain content or services may be purchased within the App.
You may be charged by your communications service provider for downloading and / or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download / access the App outside the state of your permanent residence. All these charges constitute solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
THIRD PARTY WEBSITES AND RESOURCES
The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.