Terms and Conditions of Use
Effective as of November 20, 2020
Welcome to the Simple Wallet Terms and Conditions of Use (“Terms”). These terms apply to users of the mobile application Simple Wallet (“App”), its web version located at https://app.simplewallet.net (“WebApp”) and the visitors of the website https://simplewallet.net (“Website”). By signing up or making use from a mobile phone, computer, or any other electronic device (“Devices”) of the previously mentioned App, WebApp and the Website you hereby agree to be bound by these Terms.
Please read as well the Privacy Policy which are the data practices that will be applied to you.
1. Introduction
Thank you for choosing Simple Wallet (“Simple Wallet,” “we,” “us,” “our”). The services we offer are aimed at helping anyone to keep their financial life organized, by providing them a way to track every “wallet”, “income”, “expense”, and “transfer” they have. These wallets, incomes, expenses, and transfers made by the user doesn’t involve real money as far as Simple Wallet is concerned, and are only digital data that helps the user to keep it organized.
By signing up or using any of the Simple Wallet services, including the Website and the software applications associated with our services (collectively, “Simple Wallet Service” or “Service”) or accessing any content or material provided through our Service (the “Content”) you are entering into a binding contract with Simple Wallet.
Your agreement with us includes these Terms, the Privacy Policy, and any additional terms you agree to, as described in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). You can always find the current effective version of the agreements on the Simple Wallet Website. You recognize that you have read and understood the Agreements, and agree to be bound by them. If you don’t agree or cannot comply with the Agreements, then you may not use the Simple Wallet Service.
To be able to use the Simple Wallet Service you need:
2. Modifications to the Agreements
We may modify these Agreements from time to time. When these are substantial changes, we will provide you the proper notice according to the circumstances, e.g. by showing an appropriate notice within the Service itself or by sending you an email. Sometimes we can notify you about these changes in advance and your continued use of the Service after the changes have been made will establish your acceptance of them. Please take the necessary time to carefully read any notice about changes to the Agreements we send you. If you do not want to continue using our Service due to changes in the Agreements, you may terminate your account either from within the Service or by contacting us. For contacting us see Section 17. Contact Us.
3. Use of our Service
The Simple Wallet Service and the Content are property of Simple Wallet. We grant you a limited, non-exclusive, and revocable permission to use the Simple Wallet Service and the Content (“Access”). This Access will remain in effect until and unless terminated by you (terminating your account) or by Simple Wallet. You pledge and agree that you are using the Simple Wallet Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Simple Wallet Service or the Content.
The Simple Wallet software applications and the Content are not sold or transferred to you. Simple Wallet retains ownership of all copies of the Simple Wallet software applications and Content regardless of the installation on your personal computers, mobile phones, tablets, wearable devices, and/or other devices (“Devices”).
The Agreements do not grant you any rights to use the name, domain name, logos or any other distinctive Simple Wallet brand features, whether for commercial or non-commercial use.
You agree to abide by the User Guidelines and to not make use of the Service or Content in any manner not specifically allowed. Except for the rights expressly mentioned in these Agreements, Simple Wallet does not grant any right, title, or interest to you in the Simple Wallet Service or Content.
4. User Generated Content
The user, through the normal use of our Service, can upload content to it (this may include text, information, pictures and/or other types of content) (the “User Content”). For the avoidance of doubt, “User Content” consists of any such content uploaded by the user to any part of the Simple Wallet Service.
You commit that any User Content uploaded to the Service or its use by us (contemplated in the Agreements) does not violate the Agreements, the User Guidelines or any applicable law.
Simple Wallet may but is not obligated to monitor, review, or edit User Content. In all cases Simple Wallet reserves the right to remove or disable the access to any User Content for any or no reason, including User Content that in Simple Wallet’s sole discretion violates the Agreements. Simple Wallet can execute these actions without prior notification to you. Removal or disabling access to User Content is up to our sole discretion, and we do not promise to remove or disable access to any specific User Content.
YOU ARE SOLELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD TO THE SERVICE. SIMPLE WALLET IS NOT RESPONSIBLE FOR YOUR USER CONTENT. YOU AGREE THAT IF ANYONE MAKES A CLAIM AGAINST SIMPLE WALLET, RELATED TO YOUR USER CONTENT, THEN TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SIMPLE WALLET HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) THAT COME FROM SUCH CLAIM.
5. Rights You Grant Us
In order to provide you the Service, you grant us the right (i) to allow the Simple Wallet Service to use the processor, bandwidth, and the storage hardware on your Devices to make the operation of the Service possible, (ii) to allow us to provide you advertisements and other information, and (iii) to allow our business partners to do the same.
If you provide us feedback, comments, ideas, or suggestions that are related to the Simple Wallet Service or Content (“Feedback”), you acknowledge and agree that the Feedback is not confidential, and you authorize Simple Wallet to use the Feedback without restriction and without any payment to you. Feedback is considered a type of User Content.
By submitting or uploading User Content on or through the Simple Wallet Service, you grant Simple Wallet a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to host, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
We have established a set of ground rules for you to follow when using our Service.
The following are not permitted by any reason:
● Copying, redistributing, ripping, transfering or making any part of the Simple Wallet Service or Content available to the public, or making use of the Simple Wallet Service or Content in any manner not expressly permitted under the Agreements or applicable law.
● Reverse engineering, decompiling, disassembling, modifying, or creating derivative works of the Simple Wallet Service or Content.
● Circumventing any technology used by Simple Wallet, its licensors or any third party to protect the Service or the Content.
● Selling, renting, leasing or sublicensing the Simple Wallet Service (or any part of it) or the Content.
● Circumventing or blocking advertisements within the Simple Wallet Service, or creating or distributing any tool designed for circumventing or blocking advertisements within the Simple Wallet Service.
● Circumventing any territorial restriction applied by Simple Wallet or its licensors.
● Providing your password to any person, or using the email/username and password of any other person.
● Crawling the Simple Wallet Service or using any automatic means (including bots, scrapers and spiders) to see, access or collect information from Simple Wallet or the Simple Wallet Service.
● Trying to manipulate, in any way, the operation of the Simple Wallet Service.
Regarding to the User Content, is not permitted to upload any material that:
● Is illegal, or has the purpose to promote or commit an illegal act of any kind.
● Includes in purpose your password or the password of any other user.
● Includes malicious content such as malware, trojan horses or viruses, or interferes with the access of any other user to the Service.
● Interferes with or in any manner disrupts the Simple Wallet Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Simple Wallet’s computer systems, network, usage rules, or any of Simple Wallet’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof.
● Is conflictive with the Agreements, as determined by Simple Wallet.
You acknowledge and accept that uploading any User Content that violates these User Guidelines (or that Simple Wallet reasonably believes that violates these User Guidelines) may result in an immediate termination or suspension of your Simple Wallet account.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized one) of your email/username and password on the Service. If your password is lost or stolen or if you believe that there has been unauthorized access by a third party to your account, you must notify us immediately and change your password as soon as possible.
7. Limitations and Modifications of the Service
Simple Wallet will make reasonable efforts in maintaining the Simple Wallet Service operational. However, some technical difficulties, the maintenance, the testing, or the updates, may from time to time cause temporal disruptions. Simple Wallet reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, the Simple Wallet Service or any part of it (functions and features), with advance notice where possible, without liability to you, except for a discontinuation of the Simple Wallet Service.
You understand, agree, and accept that Simple Wallet will make reasonable efforts, although is not obligated to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.
8. Brand Accounts
If you are accepting these Agreements and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Agreements, in which case the words “you” and “your” as used in these Agreements shall refer to such entity.
9. Term and Termination
The Agreements will continue applying to you, until terminated by either you or Simple Wallet. However, you acknowledge and agree that the perpetual license granted to us by you in relation to your User Content (including Feedback), is irrevocable and will therefore continue after the expiration or termination, for whatever reason, of the Agreements. Simple Wallet may terminate the Agreements or suspend your access to the Simple Wallet Service at any time, including in the case of real or suspected unauthorized use of the Simple Wallet Service and/or the Content, or the breach of the Agreements, or if we withdraw the Service and/or Content (in which case we will provide the proper advance notice). If your or Simple Wallet terminate the Agreements, or if Simple Wallet suspends your access to the Simple Wallet Service, you acknowledge and agree that Simple Wallet will have no liability or responsibility to you, and Simple Wallet will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
All the sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
10. Disclaimer of Warranty and Conditions
YOU UNDERSTAND AND AGREE THAT THE SIMPLE WALLET SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SIMPLE WALLET AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SIMPLE WALLET NOR ANY OWNER OF CONTENT WARRANTS THAT THE SIMPLE WALLET SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SIMPLE WALLET MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SIMPLE WALLET SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SIMPLE WALLET IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SIMPLE WALLET SHALL CREATE ANY WARRANTY ON BEHALF OF SIMPLE WALLET. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SIMPLE WALLET SERVICE IS TO UNINSTALL ANY SIMPLE WALLET SOFTWARE AND TO STOP USING THE SIMPLE WALLET SERVICE. YOU AGREE THAT SIMPLE WALLET HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SIMPLE WALLET SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SIMPLE WALLET, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL SIMPLE WALLET, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “SIMPLE WALLET ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SIMPLE WALLET SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SIMPLE WALLET SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SIMPLE WALLET SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SIMPLE WALLET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Third Party Rights
You acknowledge and agree that the owners of the Content and some distributors (such as the app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Aside from the established in this section, the Agreements are not intended to grant rights to anyone except you and Simple Wallet, and in no case shall the Agreements create any third party beneficiary rights. Moreover, the rights to terminate, rescind or agree to any variation, waiver or settlement of the Agreements are not subject to the consent of any other person.
Apart from what is indicated in this section, the Agreements constitute all the terms and conditions agreed upon between you and Simple Wallet and supersede any prior agreements in relation with the subject matter of these Agreements. However, keep in mind that certain aspects of your use of the Simple Wallet Service may be ruled by additional agreements. When those aspects take place, we will present you the additional related agreements and where possible the possibility for you to accept such additional agreements. Insofar as there is any irreconcilable conflict between the Agreements and any additional agreements, the latter shall prevail.
14. Severability, Waiver and Interpretation
In the event that any provision of these Agreements is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent permitted by law, and the remaining provisions of these Agreements will remain in full force and effect. Simple Wallet’s failure to enforce any right or provision of these Agreements will not be deemed a waiver of such right or provision.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
15. Assignment
Simple Wallet may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Simple Wallet may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, or transfer or sublicense your rights under the Agreements to any third party.
16. Indemnification
You agree to indemnify and to hold Simple Wallet harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney costs and fees) arising from or related to (i) your non-compliance with the Agreements or any one of them; (ii) any User Content uploaded by your account; (iii) any activity in which you engage on or though the Simple Wallet Service; (iv) your violation of any law or the rights of a third party.
If you have any questions about the Simple Wallet Service or these Agreements, please contact us by sending an email to support@simplewallet.net.