As between You and SendSimple Apps, you retain all
As between You and SendSimple App, you retain all
right,
title and interest in any and all data, files, attachments, text, images, personally
identifiable
information, and other content that You and Your Users upload or submit to the
Service
(collectively, "Your Content"). You may not upload, post or otherwise make
available
through
the Service any material protected by copyright, trademark, or any other proprietary
right
without
the express permission of the owner of such copyright, trademark or other
proprietary right
owned by
a third-party, and the burden of determining whether any material is protected by
any such right
is
on you. You shall have sole responsibility for the accuracy, quality, integrity,
legality,
reliability, appropriateness, and intellectual property ownership or right to use
any and all of
Your Content. You represent and warrant that you have all rights, permissions and
consents
necessary
(a) to make Your Content available on or through the Service, and (b) to
grant SendSimple Apps(a) to make Your Content available on or through the
Service, and (b) to grant SendSimple App
the
limited rights to use Your Content set forth in these Terms.
You agree that SendSimple Apps may use Your
Content
to
provide the Service and its features, including by making it available for viewing,
download and
modification by other Users with access rights to Your Content. You hereby grant
SendSimple
You agree that SendSimple App may use Your
Content
to
provide the Service and its features, including by making it available for
viewing,
download and
modification by other Users with access rights to Your Content. You hereby grant
SendSimple
Gapps a
non-exclusive, perpetual, royalty-free, worldwide license (including the right
to
sublicense
through
multiple tiers) to access, use, and/or disclose Your Content solely as required
for
the purpose
of
providing the Service to you.
You understand and agree that SendSimple Apps does
not
have the ability to grant or revoke any sharing permissions to Customer's Google
Drive
files or
other content and materials stored in Customer’s Google Drive account.
SendSimple Apps
shall
You understand and agree that SendSimple App does
not
have the ability to grant or revoke any sharing permissions to Customer's
Google
Drive files or
other content and materials stored in Customer’s Google Drive account.
SendSimple
App shall
not
be
responsible and shall have no liability for any damages that result from
Your
failure to grant
or
revoke such access.
You understand and agree that SendSimple Apps may,
notwithstanding any provision of any separate nondisclosure agreement that
may have been
executed
between You and SendSimple Apps, distribute and disclose Your Content (a)
to your
Users, and
(b)
to
SendSimple Apps's service providers who act on SendSimple Apps's behalf in
providing
the
Service.
SendSimple Apps’s use and processing of any personally identifiable
information you
provide
You understand and agree that SendSimple App may,
notwithstanding any provision of any separate nondisclosure agreement
that may have
been
executed
between You and SendSimple App, distribute and disclose Your Content
(a) to your
Users, and
(b)
to
SendSimple App's service providers who act on SendSimple App's
behalf in
providing the
Service.
SendSimple App’s use and processing of any personally identifiable
information
you provide
through
the Service is governed by our Privacy Policy and our Data Processing
Agreement
annexed to these
Terms, in line with provisions of applicable regulations, including but
not limited
to the
European
General Data Protection Regulation 2016 / 679 (GDPR), to the extent
applicable. Your
use of the
Service indicates your acceptance of the terms of our Privacy Policy and
our Data
Processing
Agreement. You can review the most recent version of our Privacy Policy
at:
https://sendsimple.app/privacy-policy
.
You hereby consent that, if You choose to become a
paying customer of the Service, SendSimple Apps may identify You as a
SendSimple Apps
customer
(using
Your name and logo) and generally describe the products or services it
provides to You
in its
promotional materials, presentations, and proposals to other current and
prospective
customers.
Content Privacy & Data security
All personally identifiable information that users
may
keep in files associated with this tool remains in the complete control of
those users from
a
privacy perspective. Unless specifically stated, we store no personally
identifiable
information
in
any third-party database or file repository.
All the data (the templates customer will
create,
emails customer will send and more) is saved to customers google sheet
provided by customer, we only store LicenceKey and Email to very
licence
Confidentiality
“Confidential Information” means all non-public
information disclosed in written, oral or visual form by either party
(the “disclosing
party”)
to
the other (the “receiving party”). Confidential Information may include,
but is not
limited to,
services, pricing information, computer programs, source code, names and
expertise of
employees
and
consultants, know-how, and other technical, business, financial and
product development
information.
Confidential Information does not include any information that the
receiving party can
demonstrate
by its written records (1) was rightfully known to it without obligation
of
confidentiality
prior to
its disclosure hereunder by the disclosing party; (2) is or becomes
publicly known
through no
wrongful act of the receiving party; (3) has been rightfully received
without obligation
of
confidentiality from a third-party authorized to make such a disclosure;
or (4) is
independently
developed by the receiving party without reference to confidential
information disclosed
hereunder.
Neither party will use any Confidential Information
of
the other party except as expressly permitted by this Agreement or as
expressly
authorized in
writing by the disclosing party. The receiving party shall use the same
degree of care
to
protect
the disclosing party’s Confidential Information as it uses to protect
its own
Confidential
Information of like nature, but in no circumstances less than a
reasonable standard of
care.
The receiving party may not disclose the disclosing
party’s Confidential Information to any person or entity other than to
those of its
employees
and
contractors who: (i) are subject to a written agreement with the
receiving party that
includes
use
and confidentiality restrictions that are at least as protective as
those set forth in
these
Terms,
and (ii) need access to such Confidential Information solely for the
purpose of
fulfilling the
receiving party’s obligations or exercising the receiving party’s rights
hereunder. The
foregoing
obligations will not restrict the receiving party from disclosing
Confidential
Information of
the
disclosing party: (1) pursuant to the order or requirement of a court,
administrative
agency, or
other governmental body, provided that the receiving party required to
make such a
disclosure
gives
reasonable notice to the disclosing party prior to such disclosure; and
(2) on a
confidential
basis
to its legal and financial advisors.
Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS,
WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION,
IMPLIED
WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
SendSimple
Gapps
MAKES
NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; (II)
THE
SERVICE
WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION,
INTERRUPTIONS THAT
OCCUR IN
THE
CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR
ADVICE OBTAINED BY
YOU IN
CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE
RESULTS OF USING
THE
SERVICE
WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY,
SO THIS
DISCLAIMER MAY NOT APPLY TO CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL SendSimple Apps BE LIABLE FOR
ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR
DAMAGE
WHATSOEVER
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS,
BUSINESS
INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR
CAUSED BY YOUR USE OF
OR
INABILITY TO USE THE SERVICE, EVEN IF SendSimple Apps HAS BEEN ADVISED
OF THE
POSSIBILITY OF
SUCH
DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SendSimple
Gapps RELATED TO
ANY OF
THE
SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL
SendSimple Apps’ ENTIRE
LIABILITY
TO
YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE
FEES PAID BY YOU
TOWARDS
SUCH
SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR
INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS
PARAGRAPH MAY NOT APPLY
TO
CUSTOMER.
IN CASE OF A BREACH OF YOUR PERSONAL DATA ARISING
FROM
A PAYMENT PROCESSOR'S DEFAULT, AWESOME GAPP'S ENTIRE LIABILITY TO YOU
FOR THIS BREACH
SHALL NOT
EXCEED 5 TIMES THE FEES PAID BY SendSimple Apps TO SUCH PAYMENT
PROVIDER TO
PROCESS YOUREXCEED 5 TIMES THE FEES PAID BY SendSimple App TO
SUCH PAYMENT
PROVIDER TO PROCESS YOUR
TRANSACTIONS
IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO
SUCH
LIABILITY. SOME
STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES,
SO
THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO
CUSTOMER.
Other Terms
Except for payment obligations, neither party shall
be
liable to the other party or any third-party for failure or delay in
performing its
obligations
under these Terms when such failure or delay is due to any cause beyond
the control of
the party
concerned, including, without limitation, acts of God, acts of
government, fire, or
flood,
provided
that upon cessation of such events such party shall thereupon promptly
perform or
complete the
performance of its obligations hereunder.
These Terms, their interpretation, performance or
any
breach thereof, will be construed in accordance with, and all questions
with respect
thereto
will be
determined by, the laws of the State of Luxembourg. Both parties hereby
irrevocably
submit any
disputes under these Terms to the jurisdiction of the courts located in
the State of
Luxembourg.