These terms of service ("Terms") are entered into between you and Simple Blue LLC ("SimpleBlue", "us", or "we"). Before you enter the SimpleBlue.net site (the "Site" or"SimpleBlue.net") or use any of the services offered by SimpleBlue, it is important that you carefully review the Terms of Platform set out below. These Terms apply to all visitors, users and others who access or use the SimpleBlue website, including any content, functionality, communication channels, software, platforms, services, or products offered on or through it (the "Platform").
Within these Terms, we may refer collectively to SimpleBlue LLC, our subsidiaries, affiliated companies, officers, members and directors, and all parties involved in creating, producing, and/or delivering the Platform as the "SimpleBlue Team."
In addition, specific pages on the Site and specific products or services ("Services") offered by SimpleBlue may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Unless explicitly stated otherwise, any new features added to or augmenting the Platform are subject to the Terms.
Acceptance of Terms
By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Acceptance of the Terms creates a binding legal agreement between you and SimpleBlue that you will use the Platform only in a manner that is consistent with the Terms. Your use of the Platform is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not access the Site or use the Platform.
The Terms may be changed or updated at any time, at the sole discretion of SimpleBlue. All changes are effective immediately upon posting. You should periodically check this page for current terms. By using this site subsequent to any revision of the Terms, you agree to be bound by such changes. If you find the Terms to be unacceptable, you must immediately terminate your use of the Site and Platform.
Services
SimpleBlue provides multiple products, integrations and services (the "Services") on a subscription basis through the Platform. References to the Platform include the Services. All Services are subject to the Terms.
We reserve the right to introduce new features or elements as part of the Services. These changes may impact existing users. We will attempt to provide notice of such modifications but have no obligation to do so prior to implementation.
Your purchase of Services is not contingent upon any anticipated future release, feature, or improvements. Your purchase is not contingent upon, nor do we offer, any guarantee of a continuation of a specific Service beyond the current subscription term.
Privacy
All information SimpleBlue collects on the Platform is subject to the SimpleBlue Privacy Policy posted on the Site. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms. To the extent there is a conflict, these Terms supersede the Privacy Policy. You agree that you will not upload any confidential or personal information onto the Platform except for personal information specifically requested by SimpleBlue pursuant to the Privacy Notice.
Intellectual Property Rights
The Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics.
No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of SimpleBlue. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Site.
Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties.
The names, logos and taglines that identify any SimpleBlue products and services are proprietary marks of SimpleBlue. All other trademarks and service marks reproduced in the Site, which are not the property of, or licensed to the operator, are the property of their respective owners and are acknowledged on the website.
Audio recordings accessible on the SimpleBlue website are for demonstration purposes only and are protected under the copyright notice provided herein. Downloading or transcription of these recordings for any purpose is prohibited.
Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
If you believe your intellectual property rights have been infringed upon, please notify us through the procedure found on our DMCA page.
You own and retain all ownership rights to your data, content and contributions uploaded to the Service ("Your Data"). You grant SimpleBlue and our service providers the right to use Your Data as necessary to provide the Services to you and as permitted by these Terms and our Privacy Policy. You grant us the right to use Your Data royalty-free and in perpetuity to improve the Service, develop new services, and for other SimpleBlue business purposes, subject to our obligation to maintain the confidentiality of Your Data.
Accuracy of Information
The content of the pages of the Site is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements.
Account Registration
To access portions of the Platform or to register for or use the Services, you may be required to provide registration details, personal information, or other information ("Information"). You may also be asked to provide Information when completing a survey, submitting an information or support request, or otherwise interacting with features on the Platform.
You agree to provide SimpleBlue with true, accurate, current, and complete information about yourself and your company when such information is requested by SimpleBlue. Your use of the Platform and Services and participation in these features is conditioned on the provision of such information.
All Information you provide for account registration, to complete a transaction through the Platform, or otherwise is governed by our Privacy Policy. You consent to all actions SimpleBlue takes with respect to your Information, consistent with our Privacy Policy.
Log In Credentials
You are responsible for maintaining the confidentiality and security of your account username and password ("Credentials"). You are responsible for all uses of your account and Credentials, regardless of whether authorized by you.
User accounts are non-transferable, and all users are obliged to take appropriate measures to prohibit unauthorized users from accessing the Platform using their Credentials. You agree to notify SimpleBlue of any unauthorized access to or use of your account or breach of your Credentials. SimpleBlue reserves the right to disable or suspend your Credentials at any time for any or no reason and at its sole discretion, including if SimpleBlue determines, in its opinion, you have violated any provision of the Terms.
User Conduct
In connection with your use of the Platform or Services, you agree that:
You may use the Platform only for lawful purposes and in accordance with these Terms. You will not:
Communications Compliance
SimpleBlue is a provider of Services, which may include certain communications features such as voice calls, VoIP dialer capabilities, SMS, MMS, email, and other methods. You agree that:
Payments
If you choose to purchase one or more of the Services provided on the Platform, you agree to pay all fees ("Fees") associated with the Services. Depending on the product or service, fees may be in the form of recurring subscription fees or one-time payments. Pricing is subject to change.
We do not invoice, collect, or otherwise manage or facilitate billing for third-party services that you may use in connection with your SimpleBlue Services. You are responsible for all telecommunication charges, DID fees, surcharges, and any other fees or charges for third-party services such as carriers, email providers, or integrated services such as AiCalling.
Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service.
You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
You are exclusively responsible for taxes and other governmental assessments ("Taxes") associated with your use of the Platform, including all Taxes associated with the Services you order and any transactions you conduct with your Clients. SimpleBlue may collect Taxes from you as part of the Fees as it deems appropriate, and all SimpleBlue determinations regarding what Taxes to collect are final. SimpleBlue may recalculate and collect additional Taxes from you if it determines at any point that they are due. Taxes, like all Fees, are nonrefundable.
You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All SimpleBlue determinations regarding your obligation to pay invoiced charges are final.
All Fees assessed by SimpleBlue are non-refundable. SimpleBlue does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If SimpleBlue chooses, at its sole discretion, to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Links To Other Web Sites
Our Platform may contain links to third-party web sites or services that are not owned or controlled by SimpleBlue. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
SimpleBlue has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SimpleBlue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Data Storage
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. It is your responsibility to backup or otherwise protect your data as you see fit, in order to prevent its loss or damage.
You acknowledge that we reserve the right to remove or terminate accounts that have not paid any Service Fees, that remain inactive for longer than six (6) months, or that have violated one or more provisions of these Terms.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree we are not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.
This platform could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the platform content and services on or through the platform, including the prices and descriptions of any products or services listed herein, at any time without notice. The content or products available on the platform may be out of date, and we make no commitment to update such content or products.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by YOUR OR any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller OR PURCHASER of such merchandise OR SERVICE and you.
We make no warranty regarding any transactions executed through a third party, or in connection with the platform, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any services or content available on or through the platform from a third party is provided solely by such third party, and not by us or the SimpleBlue Team.
We reserve the sole right to either modify or discontinue the platform, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on this platform shall also be subject to these terms of service.
In no case shall SimpleBlue, our directors, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless SimpleBlue and our parent, subsidiaries, affiliates, partners, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 Platform or Service, your breach of these Terms of Service or the documents they incorporate by reference, your violation of communication or telemarketing rules, regulations, or laws, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms will remain in effect while you use the Platform or subscribe to any Services. Provisions of these Terms that, by their nature are intended to survive will remain binding on you, including, but not limited to, provisions regarding intellectual property, user contributions, payments, and the Privacy Notice.
You agree that SimpleBlue may, at its sole discretion, for any or no reason, and with or without notice, disable, suspend, or terminate your access to the Platform without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms or that you have used the Platform or Services for fraudulent, abusive or illegal activity, we also may terminate this agreement at any time without notice.
Irrespective of the reason for suspension or termination, your right to use the Services will immediately end. SimpleBlue will not be liable to you or any third party for any claims for damages arising out of any termination or suspension or other action taken in connection with such termination.
If you want to terminate your access to the Platform or terminate or modify any of your Services subscriptions, you must provide written notice at least 14 days prior to your next billing date.
MISCELLANEOUS
We make no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and/or Services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
ENTIRE AGREEMENT
These Terms and any policies or rules posted by us on the Site or in respect to specific Services comprise the entire agreement between you and SimpleBlue. This agreement supersedes any prior or contemporaneous agreements, either oral or in writing, between the parties (including, but not limited to, previous version of the Terms).
Should any provision of this Agreement be determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof, and the remaining part of such provision and all other provisions will continue in full force and effect.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Any failure on the part of SimpleBlue to enforce any provision of these Terms or exercise any rights in respect thereof will not be construed as a waiver of any provision or right.
SimpleBlue may enter into one or more separate agreements with you. The terms of any separate agreement between you and SimpleBlue will be considered a part of your entire agreement with SimpleBlue. To the extent there is a conflict between these Terms and the terms of your separate agreement with SimpleBlue, your separate agreement with SimpleBlue will supersede these Terms.
DISPUTES: GOVERNING LAW/ARBITRATION/ CLASS ACTION WAIVER
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
You agree and affirm that you will be bound for jurisdiction and venue purposes to the laws of the State of Wyoming and that any claim against SimpleBlue shall be filed in the Circuit Court of Sheridan County, Wyoming without giving effect to any principles of conflicts of laws.
All disputes arising under or related to these Terms and/or your use of any Service shall be resolved exclusively through mandatory arbitration rather than by court proceedings. Such arbitration shall be held in Sheridan, Wyoming. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained in this section shall prevent us from obtaining an injunction against any act, omission or anticipated act or omission on your part.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Contact Us
When you enroll in the Service, you must designate a primary email address that will be used for receiving electronic communication related to these Terms and the Service. All such communication will be sent to your email address on file.
If you have any questions about these Terms, please contact us
To terminate or modify your account or services, please email us at account.services@simpleblue.net
For copyright infringement claims, please refer to our DMCA Information