TERMS OF SERVICE

Our Mission and Business Model

Our mission is to improve lives of readers. We offer free products only. We don’t sell your data. Your Ownership of Your Data and the Limited Permissions You Give Us User Content refers to the text and documents you enter, upload, and transmit when you use our products.

You own your User Content; SimpleReads doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content.

You grant us a license to your User Content for the limited purposes of: Operating, and storing the ‘notes’ data in your Google Drive. The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers.

The license you give us allows us to—solely for the purposes outlined above. SimpleReads does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).

Our Intellectual Property Rights and License to You

Our products are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.

Limitations on Use and Responsibilities

Keeping your account information up to date and safe. You are responsible for safeguarding your password to our products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our products, so you must ensure that your account information stays current.

Minimum age requirements. To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our products to you without parental consent (including using your information), you must be that age. You may not use our products if you don’t meet these age requirements. However, if your parents or guardians have allowed you to join a SimpleReads for Education team, you may still use our products.

Termination

We reserve the right to suspend or terminate your access to our products with notice to you if:

  • (a) you use the products in a manner that would cause a real risk of harm or loss to other Simple Reads users or us

Discontinuation and Modification of Products

We are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content.

Open Source Software, Reverse Engineering, and Automatic Updates

To the extent any component of our Software may be offered under open-source license terms and those provisions of open-source licenses may expressly override some of these terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our products, attempt to do so, or assist anyone in doing so. Our products may update themselves automatically to ensure you’re using the latest version.

Third-Party Websites

Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. SimpleReads isn’t responsible or liable for those websites, products, or services.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SimpleReads, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “SimpleReads ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SimpleReads ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. SimpleReads’S AFFILIATES AND THE SimpleReads ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

Limitation of Liability

IN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE SimpleReads ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE SimpleReads ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SimpleReads AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. SimpleReads’S AFFILIATES AND THE SimpleReads ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We both agree to arbitrate. You and SimpleReads agree to resolve any claims relating to these terms or our products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. During the arbitration, the amount of any settlement offer made by SimpleReads or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SimpleReads is entitled.

Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. SimpleReads will pay all arbitration fees for individual arbitration for non-frivolous claims less than $75,000. SimpleReads will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to agreement to arbitrate. Either you or SimpleReads may assert claims, if they qualify, in small claims court in San Francisco County, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.

Controlling Law

California law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Miscellaneous Legal Terms

Entire Agreement

These terms make up the entire agreement between you and SimpleReads, Inc., regarding your use of our products. They supersede any prior agreements. Waiver, Severability, and Assignment

SimpleReads’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. SimpleReads may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products.

Modifications to These Terms

From time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our products.

If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. We will give you at least 30 days after that notice before the update takes effect.

We may also update these terms in ways that won’t significantly negatively affect your rights. For example, we may change the feature or product names or change the email address you can use to contact us. In those cases, we will post the change to our website and link to the previous version.