Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and SimplSolutions ("SimplSolutions," "we," "us," or "our"). They govern your access to simplsolutions.app, our AI assistants, voice and messaging experiences, and any related products or professional services that reference these Terms (collectively, the "Services").

By accessing or using the Services, you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

Paid Services may also be governed by an order form, statement of work, subscription agreement, data processing addendum, or other written agreement (each, an "Order"). If an Order conflicts with these Terms, the Order controls for the covered Services. A data processing addendum controls for its subject matter.

You must be at least 18 years old and legally able to enter a contract. You are responsible for accurate account information, safeguarding credentials, activity under your account, and promptly notifying us of suspected unauthorized access.

Administrative and customer workspaces may be limited to approved domains, roles, or users. You may not share access in a way that bypasses those controls.

The Services may generate text, audio, summaries, recommendations, classifications, workflows, or other output using artificial intelligence. AI output can be incomplete, inaccurate, or inappropriate for a particular context. You are responsible for reviewing output before relying on it or using it in a consequential decision.

Unless an Order expressly says otherwise, the Services are not a substitute for legal, medical, financial, employment, safety, or other licensed professional advice. Do not use the Services as the sole basis for decisions that produce legal or similarly significant effects on a person. Maintain appropriate human review, permissions, testing, and escalation paths.

When you start a chat or voice session with Alex, call a SimplSolutions phone number, or invite an agent into a meeting, your communications may be transmitted to and processed by AI, voice, and telephony providers. Audio, transcripts, summaries, and related metadata may be created depending on the experience and its configuration.

You are responsible for providing any notice and obtaining any consent required before recording or transcribing other people. Do not invite the Services into a call or meeting if you are not authorized to do so. You may end a website voice session at any time.

You may not use the Services to:

• violate law, regulation, privacy, intellectual property, or other rights;
• deceive, defraud, impersonate, harass, threaten, or discriminate;
• send unlawful or non-consensual marketing, calls, or messages;
• upload malware or attempt to disrupt, probe, or bypass security controls;
• access data, accounts, systems, or tools without authorization;
• reverse engineer or extract models, prompts, source code, or non-public data except where law permits;
• use output to train a competing model or service without written permission; or
• submit highly sensitive data unless an Order expressly authorizes it and required safeguards are in place.

You retain ownership of data, content, instructions, and materials you submit to the Services ("Customer Data"). You grant us a limited right to host, process, transmit, reproduce, and otherwise use Customer Data only as needed to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.

You represent that you have the rights, notices, consents, and lawful basis required for Customer Data and your instructions. We do not acquire ownership of Customer Data merely because it is processed by the Services.

Our Privacy Policy explains how we handle personal information as a controller. When we process personal data for a customer, the applicable Order and data processing addendum govern that processing. You may submit a privacy rights request through our Privacy Request page.

The Services may connect to third-party platforms, models, data sources, websites, or communications providers. Their terms and privacy practices apply to their services. We are not responsible for third-party services outside our control, and availability of an integration is not a promise that it will remain available.

The Services, including our software, designs, workflows, branding, documentation, and underlying technology, are owned by SimplSolutions or our licensors and are protected by law. Subject to these Terms and any Order, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose.

If you provide feedback, you allow us to use it without restriction or payment, provided we do not identify you publicly without permission.

Fees, payment schedules, usage limits, renewal, and cancellation terms for paid Services are stated in the applicable Order. Unless the Order says otherwise, fees are non-refundable except where required by law, and you are responsible for applicable taxes other than taxes on our net income.

Each party will use the other party's non-public information only to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel and providers who need it and are bound by appropriate duties. These obligations do not apply to information that is public through no breach, independently developed, already lawfully known, or lawfully received without restriction.

We may suspend or restrict access when reasonably necessary to address a security risk, legal requirement, non-payment, material breach, or harm to the Services or others. You may stop using the public website at any time. Termination of paid Services is governed by the applicable Order. Provisions that by their nature should survive will survive termination.

To the maximum extent permitted by law, the Services are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage. We do not warrant that the Services or AI output will be uninterrupted, error-free, or suitable for every use.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data, even if advised of the possibility.

To the maximum extent permitted by law, SimplSolutions' aggregate liability arising from the Services will not exceed the amount you paid to SimplSolutions for the affected Services during the 12 months before the event giving rise to the claim, or $100 if you used only free website Services. These limits do not apply where prohibited by law or to liability that cannot legally be limited.

To the extent permitted by law, you will defend and indemnify SimplSolutions and its personnel from third-party claims arising from your Customer Data, unlawful or unauthorized use of the Services, or material breach of these Terms. We will provide prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits our fault or imposes obligations on us without written consent.

New Hampshire law governs these Terms without regard to conflict-of-law rules. Unless an Order states otherwise, the state and federal courts in New Hampshire have exclusive jurisdiction, and each party consents to personal jurisdiction there. Before filing a claim, the parties will try in good faith for 30 days to resolve it informally. Nothing here limits either party's right to seek emergency injunctive relief.

We may update these Terms. We will post the revised version and update the date above. Material changes apply prospectively and, when appropriate, we will provide additional notice. Continued use after an update takes effect means you accept the revised Terms.

These Terms and applicable Orders are the entire agreement for their subject matter. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, sale, or by operation of law.

Questions may be sent to jeff@simplsolutions.app.