Terms of service

Last updated: June 6, 2023

Effective Date: June 5, 2023

Agreement with SimpleBot

1.1 To use SimpleBot's Services, you must first agree to the Terms. You can agree to the Terms by effectively using SimpleBot's Services. You understand and agree that SimpleBot will consider your use of SimpleBot's Services as an acceptance of the Terms from that point onwards.

1.2 You may not use SimpleBot's Services if you are a person barred from receiving SimpleBot's Services under the laws of any country, including the country in which you are a resident or from which you use SimpleBot's Services.

Your Account and Use of SimpleBot's Services

2.1 You must provide accurate and complete information whenever you register to use SimpleBot's Services, such as your Discord ID, email, and IP. You are responsible for the security of your account and the use of your account. If you become aware of any unauthorized use of your password or account, you agree to notify SimpleBot immediately.

2.2 The use of SimpleBot's Services must comply with all applicable laws, regulations, and ordinances, including any laws relating to the export of data or software.

Service Policies and Privacy

3.1 You agree to comply with the Usage Policy, which is incorporated herein by reference and may be updated from time to time.

3.2 SimpleBot's Services will be subject to the privacy policy, and you agree to the use of your data in accordance with SimpleBot's Privacy Policy, which is incorporated herein by reference and may be updated from time to time.

Usage Fees for SimpleBot's Services

4.1 We are not obligated to deliver features in exchange for donations; all donations here are charitable and contribute to us offering free plans for those in need. However, since SimpleBot's goal is to help everyone, we offer extra benefits as a courtesy to those who support the project. If you do not agree with this, please do not use our service.

4.2 SimpleBot does not issue refunds. We rely on a free plan for the customer to use our services before making a donation.

Content on SimpleBot's Services and Removal

5.1 You understand that all information (such as data files, written text, computer software, music, audio files, or other sounds, photographs, videos, or other images) that you may have access to as part of, or through your use of, SimpleBot's Services are the sole responsibility of the person from whom such content originated. All such information is referred to below as "Content."

5.2 SimpleBot reserves the right (but has no obligation) to remove any or all Content from SimpleBot's Services. You agree to immediately remove any content that violates the Usage Policy, including by force of a removal request. In the event you choose not to comply with a request from SimpleBot to remove certain content, SimpleBot reserves the right to remove it or disable your services.

Ownership Rights

6.1 You acknowledge and agree that SimpleBot (or SimpleBot's licensors) owns all legal rights, titles, and interests in SimpleBot's Services, including any intellectual property rights that subsist in SimpleBot's Services (whether those rights are registered or not, and wherever in the world those rights may exist).

SimpleBot License and Restrictions

7.1 SimpleBot grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided. This license is solely for the purpose of enabling you to use and enjoy the benefits of SimpleBot's Services, as permitted by the Terms.

7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work, reverse engineer, decompile, or otherwise attempt to extract the source code of SimpleBot's Services or any part thereof, unless it is expressly permitted or required by law, or unless you have been specifically told that you may do so by SimpleBot, in writing (for example, through an open-source software license); or (b) attempt to disable or circumvent any security mechanisms used by SimpleBot's Services or any applications running on SimpleBot's Services.

7.3 SimpleBot grants you a limited, non-exclusive, royalty-free, non-transferable license, with the right to sublicense, to display the SimpleBot trademarks and/or logos, as provided herein ("Trademarks") solely for the purpose of promoting or advertising that you use SimpleBot's Services. You agree that any goodwill generated through your use of SimpleBot's Trademarks will inure to the benefit of SimpleBot.

Your License

8.1 SimpleBot does not claim any ownership or control over any Content or application. You retain copyright and any other rights you already hold in the Content and/or application, and you are responsible for protecting those rights, as appropriate.

8.2 You may choose or we may invite you to submit feedback or ideas about SimpleBot's Services, including, without limitation, how to improve SimpleBot's Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

8.3 You agree that SimpleBot, at its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website) for purposes of advertising or publicizing your use of SimpleBot's Services.

Maintenance

9.1 Maintenance of SimpleBot's services will be carried out as necessary, which may result in instability and partial or total unavailability of the services. This period will be disregarded in any SLA calculation. All maintenance on SimpleBot's services will be previously communicated through our Official Discord in the Announcements channel.

Recommendations

10.1 SimpleBot may, and you grant us permission to, make recommendations through SimpleBot's services for products or services that we believe may be of interest to you, Content, and/or use of SimpleBot's Services. We will never make recommendations directly to your end-users.

Limitation of Liability

11.1 YOU UNDERSTAND AND AGREE THAT SIMPLEBOT, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

12.1 You agree to indemnify and hold harmless SimpleBot, and its subsidiaries, affiliates, directors, agents, employees, advertisers, licensors, suppliers, or partners (collectively "SimpleBot and Partners") from and against any third-party claim arising out of or in any way related to (a) your breach of the Terms, (b) your use of SimpleBot's Services, (c) violation of laws, regulations, or ordinances in connection with SimpleBot's Services, or including any liability or expense arising from claims, losses, damages (direct and consequential), lawsuits, judgments, litigation costs, and attorney's fees, of any kind and nature. In such a case, SimpleBot will provide you with written notice of such claim, suit, or action.

Copyright Policy

13.1 You agree to establish a process for responding to allegations of alleged infringements. It is SimpleBot's policy to respond to notices of alleged copyright infringement or other applicable laws and to terminate the accounts of repeat infringers. We reserve the right, if necessary.

Other Contents

14.1 You acknowledge and agree that SimpleBot is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials present or available on such bots or resources.

14.3 You acknowledge and agree that SimpleBot is not responsible for any loss or damage that you or your end-users may incur as a result of the availability of such external sites or resources, or as a result of your reliance on the completeness, accuracy, or existence of any advertisements, products, or other materials present or available from such sites or resources.

Changes to the Terms

15.1 SimpleBot may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days' notice before the changes take effect, during which time you may reject the changes by terminating your account.

15.2 You understand and agree that if you use SimpleBot's Services after the date on which the Terms were changed, SimpleBot will take your use as an acceptance of the updated Terms.

General Legal Terms

16.1 The Terms constitute the entire agreement between you and SimpleBot and govern your use of SimpleBot's Services (excluding any services that may eventually be provided under a separate written agreement), and supersede any prior agreements between you and SimpleBot regarding SimpleBot's Services.

16.2 There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these terms creates an agency, partnership, or joint venture.

16.3 If SimpleBot provides you with a translation of the version of these Terms, the version of these Terms in the English language will control any conflicts.

16.4 You agree that SimpleBot may send you notices, including those about changes to the Terms, by email, regular mail, or postings on SimpleBot's Services. By providing SimpleBot with your email address, you consent to our use of the email address to send you any notices required by law instead of communication by postal mail.

16.5 You agree that if SimpleBot does not exercise or enforce any legal right or remedy contained in the Terms (or which SimpleBot has the benefit of under any applicable law), this will not be taken to be a formal waiver of SimpleBot's rights and that those rights or remedies will still be available to SimpleBot.

16.6 SimpleBot shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including, but not limited to, governmental action, acts of terrorism, natural disasters, labor conditions, power failures, and Internet disturbances.

16.7 The Terms, and your relationship with SimpleBot under the Terms, shall be governed by the laws of the State of Florida, USA, regardless of its conflict of laws provisions. You and SimpleBot agree to submit to the exclusive jurisdiction of the federal courts located in Orange County, USA, to resolve any legal matters arising from the Terms.

16.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding, either party may assign all of its rights and obligations under these Terms, without the other party's consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party.

This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified. Google, Inc. has no affiliation and does not sponsor or endorse SimpleBot or your use of the work.