Terms of Service for SimplePlan

Version: 1.0.0

Effective date: August 1, 2024

Welcome to SimplePlan. These Terms of Service ("Terms") govern your use of the SimplePlan desktop application for macOS and Windows, including any related online services, website, and support (collectively, the "Software") provided by Tumalo Creek Holdings, Inc DBA SimplePlan Software, LLC DBA SimplePlan ("SimplePlan," "we," "us," or "our"). By downloading, installing, or using the Software, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use our Software.

1. Use of the Software The Company grants the User a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for personal or internal business purposes, strictly in accordance with the terms of this Agreement. This license grant applies to future versions and updates of the Software but is subject to any changes in future amendments of this Agreement, as described in section 15 (Amendments) below.

1.1. Eligibility: You must be at least 18 years old to use the Software. By using the Software, you represent and warrant that you meet this eligibility requirement.

1.2. User Account: To use certain features of the Software, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

1.3. Acceptable Use: You agree to use the Software only for lawful purposes and in accordance with these Terms. You shall not use the Software in any way that violates any applicable local, state, national, or international law or regulation.

2. Intellectual Property

2.1. Ownership: The Software and its original content, features, and functionality are owned by SimplePlan and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2. User-Generated Content: Any text generated by you using the Software belongs to you.

3. Third-Party Services and Content

3.1. OpenAI Integration: The Software integrates with OpenAI for text generation. Your use of OpenAI's services through our Software is subject to OpenAI's terms of service.

3.2. Payment Processing: We use Stripe to process payments. Your use of Stripe's services through our Software is subject to Stripe's terms of service.

4. Privacy and Data Protection

4.1. Privacy Policy: Your use of the Software is also governed by our Privacy Policy, which can be found at: https://SimplePlan.ai/privacy. Please review this policy to understand our practices.

4.2. Data Usage: While we do not store your generated content, we may collect and use certain information about your use of the Software to improve our offerings. This usage is in accordance with our Privacy Policy.

5. Subscriptions and Payments

5.1. Fees: Some features of the Software may require a paid subscription. All fees are non-refundable unless otherwise stated at the time of purchase or required by law.

5.2. Billing: If you purchase a subscription, you agree to pay all fees associated with your account. You are responsible for providing accurate and current billing information.

5.3. Cancellation: You may cancel your subscription at any time. Cancellation will be effective at the end of the current billing period.

6. Disclaimers and Limitations of Liability

6.1. "As Is" Basis: The Software is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

6.2. No Warranty: SimplePlan does not warrant that the Software will be uninterrupted, secure, or error-free.

6.3. Limitation of Liability: In no event shall SimplePlan be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Software.

7. Indemnification

You agree to indemnify and hold SimplePlan harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, your violation of these Terms, or your violation of any rights of another.

8. Modifications to the Software and Terms

8.1. Software Changes: SimplePlan reserves the right to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice.

8.2. Terms Changes: SimplePlan reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" at the top of this document.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.

9.2. Dispute Resolution: Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Reno, Nevada, in accordance with the commercial arbitration rules of the American Arbitration Association.

10. Geographical Restrictions

The Software is designed for use in the United States and is not intended for use in the European Union or European Economic Area due to regulatory requirements.

11. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

By using the Software, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them.