ZIMPLIFIEDSM TERMS OF SERVICE

Terms


Last Updated: November 30, 2017

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE. The following Terms of Service govern your use of the Zimplified Site (as defined below). Zimplified, LLC. ("Zimplified," "we," or "us") offers Software as a service (SAAS) to help users track and manage expenses and calendar events, through its website located at ZimplifiedLife.com and other Zimplified-operated sites (collectively, the "Zimplified Site"), mobile applications, and other online services (collectively and including the Zimplified Site, the "Zimplified Service"). By subscribing or registering as a member or by using the Zimplified Service in any way, you accept and irrevocably agree that such use is subject to these Terms of Service ("Agreement"), which forms a binding agreement between you and Zimplified. If you do not agree to these Terms of Service, you may not use the Zimplified Site or Zimplified Service.

1. Who May Use the Zimplified Service
AGE REQUIREMENT: You must be at least 13 years old to use the Zimplified Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Zimplified Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Zimplified Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Zimplified Service. If your child is using the Zimplified Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Zimplified Service is appropriate for your child, please review our Frequently Asked Questions or contact us.

WARNING: Even if you are old enough to use the Zimplified Service and/or have your parents or guardians permission, some of the content available within the Zimplified Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.

2. License to Use the Zimplified Service
LICENSE: Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, Zimplified hereby grants to you a limited, personal, non-exclusive, non-transferable, revocable right and license to access and use the Zimplified Service solely for your own personal, non-commercial purposes. This includes the right to view content available on the Zimplified Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by Zimplified in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Zimplified Service or any source code therein. Nor will you attempt to circumvent any of Zimplified's technical measures or take any measures to interfere with or damage the Zimplified Service. All rights not expressly granted by Zimplified are reserved. You also agree that you won't use Zimplified to break any laws.

3. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

4. Membership
REGISTRATION: In order to access and use all of the features of the Zimplified Service, you are required to open an account (“User Account”) by registering as a member with Zimplified. When you register for your User Account you must provide true, accurate, current and complete information, including providing a user name, password and valid email address (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. You must provide complete and accurate registration information to Zimplified and notify us if your information changes.

Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S.ß laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria. You must be at least 13 years of age or older to use the Site, provided that if you are under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Site, as detailed herein.

Passwords: Upon registration on the Site, you will provide Zimplified with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify Zimplified of any suspected or actual unauthorized use of your User Account. You agree that Zimplified will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

USER NAME: We encourage you to use your real name. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Zimplified Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

ACCESS: If you are a subscriber, you may grant access to additional users, subject to additional subscription fees. You are responsible for the actions of those persons insofar as your account is concerned. If you are a Zimplified user who has been granted access to an account, you must comply with the terms of this Agreement in accessing that account.

5. Subscriptions and Purchases
Zimplified is offered as a subscription. You may purchase subscription access (a "Subscription") to the Subscription Services for a fee (the "Fee") for the period of time (the "Access Period") you have elected from the available options (e.g., monthly, semi-annual or annual). The Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties (collectively, "Applicable Taxes") unless otherwise specified. Please see our subscription pages for current features and pricing. Features and prices are subject to change.

Data storage per account is limited to 5GB. We reserve the right to charge for storage use in excess of predefined limits.

CANCELATION AND REFUNDS: Users who purchase a semi-annual or annual subscription have thirty (30) days from, and including, the date of their initial purchase to cancel and receive a full refund. Users who purchase a monthly subscription are not eligible for a refund. If a monthly subscriber no longer wishes to maintain their subscription, they may simply cancel and will not be billed for subsequent months. Once the 30-day cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Zimplified. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact Customer Care.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the then current subscription plan. You may decline to renew at any time prior to the commencement of a renewal subscription. All such fees and charges (including any taxes and fees, as applicable) will be charged to the payment method you provided when you elected to access the paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services. Zimplified assumes no responsibility or liability if your Subscription fails to renew or otherwise expires because of outdated or incorrect payment information.

Zimplified reserves the right to deny subscriptions, renewals, and other purchases, in its sole and absolute discretion, for any or no reason. Unused storage, and other limits do not roll over to subsequent subscription periods.

END OF SUBSCRIPTION: When a Zimplified subscription ends, Zimplified may disable access to or delete any content. Your account and its content may be deleted if your subscription is not renewed.

OTHER PURCHASES: Purchases of other products and services through the Zimplified Service are subject to other terms and conditions that are presented to you at the time of purchase.

6. Term and Termination; Account Deletion
TERM:This Agreement begins on the date you first use the Zimplified Service and continues as long as you have an active account with us.

ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term. Your account and its content may be deleted if your subscription is not renewed.

TERMINATION FOR BREACH: Zimplified may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Zimplified determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Zimplified's reputation and goodwill. This determination shall be made by Zimplified in its sole and absolute discretion and no reason need be given for such termination. If Zimplified deletes your account for the foregoing reasons, you may not re-register for the Zimplified Service. Zimplified may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Zimplified will terminate. In the event of account deletion for any reason, information or content that you submitted or generated may no longer be available. Zimplified shall not be responsible for the loss of such information or content.

7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

If you elect to display, post, submit or otherwise make available to others, on the Zimplified Site any content or works of authorship, including, without limitation, images, audio files, text, software or other materials, (collectively, “User Content”), you hereby grant to Zimplified a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Zimplified that (i) you have all necessary power, authority, right, title and/or licenses to grant to Zimplified the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Zimplified of the foregoing license does not and will not (1) violate any applicable law or government regulation or (2) infringe any right of publicity or invades the privacy of others, or any intellectual property right of any third party, (iii) no User Content you provide (1) will constitute obscene, pornographic, indecent, profane or otherwise objectionable material, (2) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, or (3) is libelous or defamatory. For the avoidance of doubt, any information or data from your accounts with third party services (i.e., Gmail or Dropbox) that passes through or is processed by Zimplified and which you do not make publicly available on Zimplified, is not User Content, and Zimplified does not receive any rights in such information or data.

8. Code of Conduct
In using the Zimplified Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute "spam";
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the Zimplified Site (unless you are an official Zimplified partner or advertiser and have a written agreement with Zimplified).

Zimplified has the right, but not the obligation, to monitor all conduct on and content submitted to the Zimplified Service.

9. Licenses Granted by You
Content
As between you and Zimplified, you own all content that you submit to the Zimplified Service. You grant Zimplified and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Zimplified Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Zimplified on improving or adding new features to the Zimplified Service, Zimplified shall have the right to use your suggestions without any compensation to you.

User Comments
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Zimplified. You hereby grant to Zimplified a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Zimplified Site and/or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you to Zimplified that is related to the Zimplified Site and/or the Zimplified Service. Your submission of any such Comments shall constitute an assignment to Zimplified of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Zimplified will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Zimplified and grant the licenses set forth above; (ii) Zimplified will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification
You hereby irrevocable indemnify, defend, and hold harmless Zimplified and its affiliates, directors, officers, employees, and agents, from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim arising from your activities on the Zimplified Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Zimplified violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights
Zimplified respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Zimplified infringe your copyright, you may send us a notice requesting that the materials be removed, or access to them blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for the website should be sent to Zimplified, LLC, Legal Affairs.

13. Disclaimers
Zimplified expressly reserves the right to modify the Zimplified Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Zimplified Service. Zimplified has no obligation to screen or monitor any content and does not guarantee that any content available on the Zimplified Service complies with this Agreement or is suitable for all users.

ZIMPLIFIED PROVIDES THE ZIMPLIFIED SERVICE STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ZIMPLIFIED MAKES NO WARRANTY THAT THE ZIMPLIFIED SITE, ZIMPLIFIED SERVICE OR ITS CONENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, ZIMPLIFIED HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE ZIMPLIFIED SITE AND/OR ZIMPLIFIED SERVICE RESTS WITH YOU AND ZIMPLIFIED MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE ZIMPLIFIED SITE AND/OR THE ZIMPLIFIED SERVICE WILL BE UNINTERRUPTED, OR THAT THE ZIMPLIFIED SITE OR ZIMPLIFIED SERVICE WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, ZIMPLIFIED MAKES NO REPRESENTATIONS OR WARRANTIES:

  • THAT THE ZIMPLIFIED SERVICE WILL BE PERMITTED IN YOUR JURISDICTION;
  • THAT THE ZIMPLIFIED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
  • CONCERNING ANY CONTENT SUBMITTED BY ANY MEMBER;
  • CONCERNING ANY THIRD PARTY'S USE OF CONTENT THAT YOU SUBMIT;
  • THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE ZIMPLIFIED SERVICE OR WILL BE STORED BY ZIMPLIFIED;
  • THAT THE ZIMPLIFIED SERVICE WILL MEET YOUR NEEDS;
  • THAT ZIMPLIFIED WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE ZIMPLIFIED SERVICE; OR
  • CONCERNING SITES AND RESOURCES OUTSIDE OF THE ZIMPLIFIED SERVICE, EVEN IF LINKED TO FROM THE ZIMPLIFIED SERVICE.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Zimplified Service, and no warranties shall apply after such period.

You acknowledge that you have read, understand and agree to Zimplified’s Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference.

The Zimplified Site and App may contain links to non-Company websites and third-party information. Please note that the contents of such websites and such third-party information are not controlled or influenced by ZIMPLIFIED. Any such links or information are provided merely as a convenience, and ZIMPLIFIED shall not be liable for any use thereof by visitors to the Site. In addition, a link to a non-Company website does not mean that ZIMPLIFIED endorses or accepts any responsibility for the content of such website, or the consequences of your use thereof.

14. Limitation of Liability
You agree that access to Zimplified Service and the contents thereof are at your own risk and that we specifically limit our liability to you if something goes wrong. Zimplified does not warrant that this site or its servers are free from viruses or other harmful components.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ZIMPLIFIED SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE ZIMPLIFIED SITE OR ZIMPLIFIED SERVICE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF PROGRAMS, LOSS OF DATA, LOSS OF GOODWILL, ANY INTANGIBLE LOSS, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ZIMPLIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

You expressly acknowledge and agree that Zimplified's total liability to you for any reason whatsoever shall not exceed the amounts paid by you to Zimplified over the twelve (12) months preceding your claim(s).

15. Trademarks and Copyright:
(a) The images and information contained in the Zimplified Service are, to the fullest extent possible, copyrighted and otherwise proprietary to ZIMPLIFIED. It is the policy of ZIMPLIFIED to enforce its intellectual property rights to the fullest extent of the law, including (where applicable) seeking criminal sanctions.
(b) ZIMPLIFIED hereby authorizes you to copy materials, documents or pages published by ZIMPLIFIED on the Site for your personal, non-commercial use only, provided that (i) any copy of these documents that you make retains all copyright and other proprietary notices and any disclaimer contained herein, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of ZIMPLIFIED’s products or brands. Any other reproduction, retransmission, modification or use of this Site's contents requires the prior written consent of ZIMPLIFIED. Each website to which the Site links remains subject to its own copyright notice. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any ZIMPLIFIED copyright.
(c) The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, whether or not appearing in different type or with the trademark symbol, are registered and non-registered trademarks or service marks owned by or licensed to ZIMPLIFIED, its affiliates, subsidiaries or related companies. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right under any patent or the Trademarks.
(d) The use or misuse of the Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New Jersey, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of laws principles. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one, which shall be selected by Zimplified. The place of arbitration shall be Essex County, New Jersey. New Jersey State law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement and the remaining portions will remain in full force and effect and such severed provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No failure or delay by Zimplified in exercising any right hereunder will waive any further exercise of that right. Zimplified's rights and remedies hereunder are cumulative and not exclusive. These Terms of Service are intended to be and are solely for the benefit of Zimplified and you and do not create any right in favor of any third party.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Zimplified's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Zimplified electronically. Zimplified may provide all such communications by email or by posting them on the Zimplified Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Zimplified Legal Affairs.

Nothing herein shall limit Zimplified's right to object to subpoenas, claims, or other demands.

MODIFICATION: Zimplified expressly reserves the right to modify the Terms of Service at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. Any continued use by you of the Zimplified Site or the Zimplified Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Zimplified Site or Zimplified Service.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

This Agreement constitutes the entire understanding between Zimplified and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

END OF DOCUMENT.