Terms of Service

These Terms apply to the Customer's access to and use of the Service, including use by its Authorised Users. Capitalised terms not otherwise defined have the meanings given in the applicable Order.

You may use the Service only if you can lawfully enter into these Terms. If you use the Service on behalf of a company, firm, partnership or other organisation, you represent that you are authorised to accept these Terms for that organisation.

The Customer is responsible for ensuring that its Authorised Users are permitted to use the Service under applicable law and comply with these Terms.

The Customer is responsible for administering its workspace, deciding who may access it, assigning appropriate permissions, maintaining accurate account information, protecting credentials and removing access when it is no longer appropriate.

The Customer is responsible for activity carried out through its workspace and Authorised Users, except to the extent caused by Simplifyte's breach of these Terms.

Where a plan includes Unlimited Internal Users, that entitlement is governed by the applicable plan and the Reasonable Use Policy.

Simplifyte may offer free plans, paid plans, trials, Custom arrangements or other subscription options. The features, limits and entitlements of each option are those disclosed on the applicable pricing page, at checkout or in the relevant Order.

Simplifyte's current standard trial is 14 days and provides access to the product features generally available under the Elite plan for evaluation during the trial period. Custom capacity, branded workspace arrangements, implementation services and other bespoke or negotiated services are not included unless expressly agreed. The trial is not tied to the paid plan the Customer may later choose. A trial will not create a paid subscription unless the Customer subsequently selects or accepts a paid plan and provides the payment authorisation or other agreement required for that subscription.

Free plans may have different feature, storage, usage or history-retention entitlements from paid plans, as disclosed in the applicable plan information or product documentation.

Paid self-service plans are billed for the subscription term shown at purchase, which may be annual unless an Order states otherwise. If automatic renewal applies, it will be disclosed at purchase or in the applicable Order.

The Customer may cancel a renewal in accordance with the process made available by Simplifyte. Unless the applicable Order, Cancellation & Refund Policy or law provides otherwise, cancellation takes effect at the end of the then-current paid subscription term and access continues until that date.

Custom or negotiated subscriptions are governed by the term, renewal and cancellation provisions in the applicable Order.

The Customer agrees to pay the fees and applicable taxes stated in the applicable pricing page, checkout or Order. Unless stated otherwise, fees are exclusive of applicable taxes.

Where the Customer authorises a payment method, Simplifyte or its payment provider may charge that method for amounts due under the applicable subscription or Order. The Customer is responsible for keeping billing and payment information current.

If payment is overdue or fails, Simplifyte may retry payment, contact the Customer, restrict paid functionality or suspend access after taking commercially reasonable steps appropriate to the circumstances.

Simplifyte may change standard pricing from time to time. Material price changes for an existing paid subscription will normally take effect no earlier than the next renewal after reasonable advance notice, except for taxes, newly purchased services, usage-based charges or changes agreed with the Customer.

Additional storage, Client Logins, messaging, integrations, capacity or other add-ons may be available for additional fees. The applicable price and billing treatment will be disclosed through the pricing page, product interface, checkout or Order.

Metered usage, overages or consumption-based services may be billed in arrears where this is disclosed in the applicable plan or Order.

Refunds, credits and remedies for billing errors or service issues are governed by the applicable Order, mandatory law and Simplifyte's Cancellation & Refund Policy. Cancellation alone does not create a refund unless the applicable terms provide otherwise.

Subject to these Terms and payment of applicable fees, Simplifyte grants the Customer a limited, non-exclusive, non-transferable right during the applicable subscription term to access and use the Service for its permitted business purposes.

The Customer must not, and must not permit others to, unlawfully copy, modify, reverse engineer, resell, sublicense, interfere with or gain unauthorised access to the Service, except to the extent a restriction is prohibited by applicable law.

Use of the Service is subject to the Reasonable Use Policy, which forms part of these Terms.

The Customer must not use the Service for unlawful, fraudulent, abusive, malicious or infringing activity; to interfere with the Service or other customers; to circumvent applicable plan entitlements; or in any manner prohibited by the Reasonable Use Policy.

As between the parties, the Customer retains all rights, title and interest in Customer Data. The Customer grants Simplifyte and its authorised service providers the limited rights necessary to host, process, transmit, back up, recover, display and otherwise handle Customer Data solely to provide, maintain, secure and support the Service, carry out the Customer's authorised instructions, and comply with applicable law.

Simplifyte does not sell Customer Data or use Customer Data for advertising or unrelated commercial purposes.

The Customer represents that it has the rights and lawful basis necessary to submit Customer Data and to permit Simplifyte to process it for the Service.

Simplifyte maintains service backups in accordance with its operational practices and applicable commitments. Customers should retain independent copies or exports of records they are legally or operationally required to preserve independently of the Service.

Each party may receive non-public information from the other that is confidential by its nature or the circumstances of disclosure ("Confidential Information"). Each receiving party will use the other party's Confidential Information only as necessary to perform or receive the Service and will protect it using reasonable care.

Confidential Information does not include information that is publicly available through no breach, was lawfully known without confidentiality obligations, is independently developed without use of the Confidential Information, or is lawfully received from a third party without restriction.

A party may disclose Confidential Information where required by law, provided it gives notice where legally permitted and reasonably assists the other party in seeking protective treatment.

These confidentiality obligations survive termination or expiry of the applicable subscription for so long as the information remains confidential by its nature, and obligations relating to Customer Data continue for so long as Simplifyte retains that Customer Data.

Simplifyte processes personal data in accordance with its Privacy Policy, applicable data-protection law and any applicable Data Processing Addendum or Order.

Where the Customer determines the purposes and means of processing personal data contained in Customer Data, the Customer is responsible for its own notices, permissions and lawful instructions to Simplifyte as required by applicable law.

Simplifyte maintains reasonable administrative, technical and organisational safeguards designed to protect the Service and Customer Data. No internet-based service can be guaranteed completely secure or continuously available.

Simplifyte may perform maintenance, upgrades and emergency work. Where reasonably practicable, Simplifyte will provide notice of planned material downtime.

Support channels, response priorities, onboarding assistance and service levels, if any, depend on the Customer's applicable plan or Order. Unless expressly stated in an Order or service-level agreement, support descriptions are not guaranteed response or resolution times.

Simplifyte may improve, modify, replace or discontinue features as the Service evolves. Where reasonably practicable, Simplifyte will provide reasonable notice of a material reduction to core paid functionality.

Changes required for security, law, third-party dependencies, technical stability or prevention of abuse may be implemented without advance notice where necessary.

Simplifyte and its licensors retain all rights in the Service, software, designs, documentation, trademarks and related intellectual property. Except for the limited right to use the Service under these Terms, no rights are transferred to the Customer.

If the Customer provides product suggestions or feedback, Simplifyte may use that feedback without restriction or payment, provided Simplifyte does not identify the Customer publicly as the source without permission.

The Service may interoperate with third-party products, payment providers, messaging services, integrations or external websites. Third-party services are governed by their own terms and policies. Simplifyte is not responsible for third-party services outside its reasonable control, but will use commercially reasonable efforts to manage dependencies that are part of the Service.

Simplifyte may suspend or restrict access where reasonably necessary because of overdue payment, a material breach of these Terms, unlawful or abusive activity, a security or service-stability risk, a Reasonable Use issue, or a legal requirement.

Where reasonably practicable, Simplifyte will provide notice and an opportunity to resolve the issue before materially restricting legitimate business usage. Immediate action may be taken where delay could create material risk.

The Customer may stop using a free Service at any time and may cancel paid renewal as described above. Simplifyte may terminate these Terms or an affected subscription for material breach where the breach is not cured within a reasonable period after notice, where cure is appropriate, or immediately where required for serious security, illegal or abusive conduct.

If Simplifyte terminates a prepaid paid subscription for its convenience and not because of Customer breach, non-payment, misuse or legal requirement, Simplifyte will provide a pro-rata refund or credit for the unused prepaid subscription period, unless an applicable Order states otherwise.

After termination or expiry, access to the Service may end. The Customer should export data it requires before access ends. Subject to applicable law and agreed retention obligations, Simplifyte may delete or anonymise Customer Data after the applicable retention period. Plan-specific data or activity-history retention may apply as disclosed in the relevant plan information or documentation.

Each party represents that it has authority to enter into these Terms. Except for express commitments in these Terms or an applicable Order, and to the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis.

Simplifyte does not warrant that the Service will be uninterrupted, completely error-free, or suitable for every particular business purpose. Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary or consequential damages, or for loss of profits, goodwill or anticipated savings arising from these Terms, even if advised of the possibility.

To the maximum extent permitted by law, Simplifyte's aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees paid or payable by the Customer to Simplifyte for the affected Service during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability to the extent it cannot lawfully be limited, including for fraud or wilful misconduct where applicable law prohibits limitation.

The Customer will indemnify and hold harmless Simplifyte and its officers, directors and personnel from third-party claims, damages and reasonable costs arising from Customer Data, the Customer's unlawful or unauthorised use of the Service, or the Customer's material breach of these Terms, except to the extent caused by Simplifyte.

Simplifyte will give reasonable notice of a covered claim and reasonable cooperation at the Customer's expense, subject to Simplifyte's right to participate in the defence where its interests may be affected.

These Terms are governed by the laws of India, without regard to conflict-of-law principles. The parties will first attempt in good faith to resolve disputes through reasonable discussion.

Subject to any mandatory rights that cannot lawfully be waived, courts having jurisdiction in Bhavnagar, Gujarat, India will have exclusive jurisdiction over disputes arising from these Terms.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, government action, major internet or telecommunications failures, labour disruptions, widespread cloud-provider failures or similar events, except that this section does not excuse payment obligations for amounts already due.

Simplifyte may update these Terms from time to time as the Service, law or business evolves. Where a change materially affects Customer rights or obligations, Simplifyte will provide reasonable notice where required by law or reasonably practicable. The effective date above identifies the current version.

Simplifyte may provide operational or legal notices through the Service, the Customer's registered email address, or another contact method associated with the Customer's account.

Questions about these Terms may be sent to support@simplifyte.com.

If there is a conflict, a negotiated Order or agreement prevails over these Terms to the extent of the conflict; these Terms prevail over incorporated Policies unless the relevant document expressly states otherwise.

These Terms and incorporated documents constitute the agreement between the parties concerning the Service unless an applicable Order states otherwise. If any provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. The Customer may not assign these Terms without Simplifyte's consent, except as permitted in an applicable Order; Simplifyte may assign these Terms in connection with a merger, reorganisation, financing or sale of all or substantially all relevant business assets.