Your use of Simless's products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Simless. "Simless" means Simless Inc., a Delaware corporation with a place of business at 2390 El Camino Real, Suite 250 Palo Alto, CA 94306 USA. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Simless, your agreement with Simless will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
The Terms form a legally binding agreement between you and Simless in relation to your use of the Services. It is important that you take the time to read them carefully.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Simless in the user interface for any Service; or (b) by actually using the Services. In this case, you understand and agree that Simless will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Simless, or (b) you are a person barred from receiving the Services under the laws of the United States or your country of residence.
Simless is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Simless provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Simless may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Simless's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Simless when you stop using the Services.
You acknowledge and agree that if Simless disables access to your account, you may be prevented from accessing the Services, your account details or other content which is contained in your account.
You acknowledge and agree that while Simless may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Simless at any time, at Simless's discretion.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Simless will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Simless, unless you have been specifically allowed to do so in a separate agreement with Simless. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Simless, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Simless has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Simless may suffer) of any such breach.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Simless for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Simless.
Simless is always committed to customer satisfaction and shall offer 100% money back guarantee for its airtime recharge service.
Simless will refund the amount for any unused prepaid plan product to any customer who is dissatisfied with its services. The refund policy applies only for claims received by Simless within 30 days since purchase date. Any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund.
You acknowledge and agree that Simless (or Simless's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain information which is designated confidential by Simless and that you shall not disclose such information without Simless's prior written consent.
Unless you have agreed otherwise in writing with Simless, nothing in the Terms gives you a right to use any of Simless's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Simless, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Simless's brand feature use guidelines as updated from time to time.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Simless, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Simless gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Simless as part of the Services as provided to you by Simless (referred to as the 'Software' below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Simless, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Simless, in writing.
Unless Simless has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software which you use may automatically download and install updates from time to time from Simless. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Simless to deliver these to you) as part of your use of the Services.
The Terms will continue to apply until terminated by either you or Simless as set out below.
If you want to terminate your legal agreement with Simless, you may do so by (a) notifying Simless at any time and (b) closing your accounts for all of the Services which you use, where Simless has made this option available to you. Your notice should be sent, in writing, to Simless's address which is set out at the beginning of these Terms.
Simless may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Simless is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Simless offered the Services to you has terminated its relationship with Simless or ceased to offer the Services to you; or (D) Simless is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Simless is, in Simless's opinion, no longer commercially viable.
Nothing in this Section shall affect Simless's rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Simless have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SIMLESS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND 'AS AVAILABLE'.
IN PARTICULAR, SIMLESS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMLESS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SIMLESS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMLESS, ITS SUBSIDIARIES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH Simless MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE SIMLESS WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON SIMLESS'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT SIMLESS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Simless and govern your use of the Services (but excluding any services which Simless may provide to you under a separate written agreement), and completely replace any prior agreements between you and Simless in relation to the Services.
You agree that Simless may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Simless does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Simless has the benefit of under any applicable law), this will not be taken to be a formal waiver of Simless's rights and that those rights or remedies will still be available to Simless.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Simless is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Simless under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Simless agree to submit to the exclusive jurisdiction of the courts located within the state of California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Simless shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.