Version: 1
Effective date: 3/16/2024
Please read these Terms of Service (“Terms“, “Terms of Service“) carefully before using the https://simplyconnectedpnw.com website and https://simplyconnected.xyz (“Service“) operated by Simply Connected, LLC, a State of Washington LLC, US (“us“, “we“, or “our“).
These Terms apply to all visitors, users and others who wish to access or use the Service (“you”, “your”, “yourself”). If you disagree with these Terms, please do not use or access the Services. Access to and use of the Service is conditioned upon customer’s acceptance of and compliance with these Terms. These Terms constitute the entire agreement and legally binding instrument between you and us regarding use of Services and determining your rights when it comes to use of Services.
1. Services
While you may freely access our website, in order to receive full access to our Services, including the linking capability of an nfc tag (sometimes called a link-it smart tag, or smart tag), it is required to submit a form.
When you submit the form to link an nfc tag, you represent to us that you have legal capacity where you reside to enter into these Terms. When you are linking a tag on behalf of a legal entity (when you are business owner or using Services on behalf of your employer) you represent and warrant that you have the authority to bind the respective legal entity that you represent to these Terms, and such legal entity to be referred “you” and “your” as well as yourself.
When an nfc tag is linked a Subscription is created.
Only nfc tags created and sold by us may be linked.
2. License to use the Services
Upon linking an nfc tag, we grant you non-exclusive, non-sublicensable, non-transferable limited license during the term of the subscription, to use and utilize Services solely for your own personal and business purposes, provided that neither you nor third parties authorized by you to access or use the Services shall not:
- Decompile, reverse engine or otherwise attempt to access and discover Services source code, structure, databases in order to copy, reproduce, modify any part of Services or otherwise create derivative works on the basis of the Services;
- Use Services for commercial purposes, namely to rent, sublicense, distribute or sell part of the Services or access to the Services to third parties.
You agree that Services, and all source code, designs, ideas, inventions, patents, trademarks, service marks, processes or other intellectual property embodied in the Services belong solely and exclusively to us or to our licensors, and are protected by copyright, trademark laws and patent laws. Any rights not expressly granted herein are reserved.
3. Subscriptions
Access to the Service is provided on the basis of a subscription (“Subscription(s)”). We will determine the exact services included in each Subscription.
There is no fee for the subscription.
4. Refunds and Returns
Tags can be linked to URLs, for example a playlist or photo album. The examples are not exhaustive.
Once a tag is linked it cannot be returned nor payment refunded.
5. Fee Changes
We endeavor to maintain the Subscription at no cost for as long as it is possible. However, we cannot guarantee that we will never change our fees. Our operational expenses may increase due to inflation, legislation changes, changes on the employment market or contractor’s fees changes. In any case, any Subscription fee change will become effective in thirty days. We may, in our sole discretion and at any time, add new subscription plans.
6. Acceptable Use Policy
You will use Services in compliance with requirements set out in this Terms of Service. You accept and agree not to use any part of the Services or any part of our social media pages (in Tweeter, LinkedIn, Facebook) to display, link to, redirect to, upload, distribute or transmit any content, webpages, messages, images, video files, texts, audio files, articles (collectively “Content”) that:
- violates any moral rights, privacy rights, right to publicity;
- violates any law, regulation, act or code imposed by the government, authority, court or any other authorized US body, including sanctions;
- violates any third party intellectual property rights, including copyright, trademark, patent, trade secret;
- is pornographic, promoting racism, intolerance, bigotry, hateful, promoting physical harm against any group of individuals, unlawful, defamatory, libelous, false harassing, abusive, tortious, vulgar or harmful for minors in any way, promotes or contains child sexual exploitation or abuse, promotes, contain or encourage any serious harm, terrorism or violence;
- links to or makes available any fraudulent, phishing or impersonation content, computer viruses, trojan horses, worms, or any other harmful software;
- links to any form of duplicative or unsolicited messages, whether commercial or otherwise;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
7. Termination
We may, at our own discretion, and without any liability to you, terminate or suspend nfc tag links, or your subscription, and bar access to the Service or part of the services immediately, without prior notice or liability, should:
- you breach these Terms or warranties that you provide;
- you breach the law applicable to you where your use of Services putting us at risk of being or becoming infringer of law or third party rights (including but not limited to, copyright, trademark law);
- we determine that your use of the Service contradicts our Acceptable Use Policy.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Indemnification
Subject to the Limitation of Liability section below, you agree to defend, indemnify and hold harmless us, our licensors, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using an nfc tag you linked, or b) a breach of these Terms.
9. Limitation Of Liability
In no event shall either party, or its respective directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Except for liability that cannot be limited by law, each Party’s total aggregate liability, whether based on warranty, contract, tort (including negligence) or any other legal theory, arising out of or in connection with these Terms will be limited to an amount equal to the amount paid for the nfc tag to us.
10. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Simply Connected LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
11. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may publish notification on our website regarding such updates. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. General
Any feedback or feature request that you will submit to us will be considered non-proprietary and non-confidential to you. Upon submitting your feedback regarding Services via email, or by phone, you automatically grant us perpetual, worldwide, irrevocable, royalty free license to utilize and use the suggested feedback for any purpose whatsoever without compensation of any kind.
Should we fail to enforce any part of these Terms, such action will not constitute a waiver of right to enforce it later or enforce any other part of these Terms.
Should any provision of these Terms be found invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.