Website Terms of Use

1. Acceptance of the Terms

These Terms of Use are a binding legal agreement between you and Simple Platform LLC ("Simple Platform," "we," "us," or "our"). These terms, along with our Privacy Policy, govern your access to and use of our public websites, including simple.dev, and any content, functionality, and services offered on or through them (collectively, the "Website").

By accessing or using the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, you must not access or use the Website.

These Terms of Use do not apply to your access and use of the Simple Platform enterprise software platform and related applications (the "Service"). Use of the Service is governed exclusively by the Master Subscription Service Agreement ("MSA") between Simple Platform and our Customer.

2. Use of the Website

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Website for your personal or internal business purposes to learn about our services. To access certain resources, you may be asked to provide registration details. You are responsible for all activities that occur under your account and must keep your password confidential.

You agree to use the Website only for lawful purposes and in accordance with these Terms of Use and our Acceptable Use Policy ("AUP"), which is incorporated herein by reference.

3. Prohibited Uses

You agree not to use the Website for any purpose that is illegal or prohibited by these terms, including but not limited to the prohibited uses outlined in our AUP. This includes, but is not limited to, activities that are fraudulent, infringing, or harmful to our systems, as well as sending spam or engaging in abusive use.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Simple Platform, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This material is considered "Provider IP" as defined in our MSA.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as is automatically done by your web browser for display purposes.

If you post any content to public areas of the Website, such as community forums ("User Contributions"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, and distribute your User Contributions. You represent and warrant that you own or control all rights in and to your User Contributions.

5. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SIMPLE PLATFORM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

This does not affect any warranties that cannot be excluded or limited under applicable law, nor does it affect the warranties provided for our paid "Service" under a signed MSA.

6. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SIMPLE PLATFORM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold harmless Simple Platform, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

8. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms of Use shall be exclusively and finally settled by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The seat and venue of the arbitration shall be San Diego, California, USA.

9. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

10. Contact Us

If you have any questions about these Terms of Use, please contact us at: legal@simple.dev.