1. Acceptance
These Terms of Use ("Terms") are a legal agreement between you and
Simple Modern Software, LLC ("Simple Modern Software," "we," "us," or
"our"). By accessing our website, downloading, installing, purchasing,
testing, or using our apps or services, you agree to these Terms and
our Privacy Policy.
If you use our software on behalf of a business or other organization,
you represent that you have authority to bind that organization, and
"you" includes that organization. If you do not agree to these Terms,
do not use our software or services.
2. Limited License
Subject to these Terms and any applicable App Store, TestFlight,
purchase, subscription, or beta terms, we grant you a limited,
revocable, non-exclusive, non-transferable, non-sublicensable license
to install and use our apps for your personal or internal business
purposes.
You may not:
- Copy, modify, distribute, sell, lease, sublicense, or host our apps except as expressly allowed.
- Reverse engineer, decompile, disassemble, or attempt to derive source code except where applicable law prohibits that restriction.
- Remove proprietary notices, trademarks, copyright notices, or license notices.
- Use our apps to build or train competing products, datasets, models, or services.
- Bypass technical limits, entitlement checks, purchase controls, security features, or usage restrictions.
- Use the software in a way that violates law, third-party rights, provider terms, or these Terms.
3. Accounts, Devices, and Third-Party Services
Some features may require an Apple ID, iCloud, Sign in with Apple,
App Store account, local device permissions, or third-party accounts
such as email, calendar, contacts, cloud, or identity providers. You
are responsible for maintaining your devices, accounts, credentials,
subscriptions, permissions, and compliance with provider terms.
We do not control third-party providers. Their availability, APIs,
rate limits, permissions, terms, prices, and data practices may change.
We are not responsible for third-party services, provider outages,
provider data, account suspensions, or changes that affect app features.
4. Acceptable Use
You agree not to use our website, apps, or services to:
- Violate any law, regulation, contract, intellectual property right, privacy right, or other third-party right.
- Send spam, phishing, malware, abusive content, harmful code, or unlawful communications.
- Access accounts, devices, systems, or data without authorization.
- Interfere with, disrupt, overload, or probe our systems or another user's systems.
- Misrepresent your identity, affiliation, authorization, or the origin of data.
- Use the software for surveillance, stalking, harassment, credential theft, or unlawful monitoring.
- Use the software in high-risk, life-critical, emergency, medical, aviation, weapons, or safety-critical environments.
5. Beta, Prototype, and Preview Software
Some products or features may be labeled prototype, beta, preview,
experimental, in development, or provided through TestFlight or another
pre-release channel. Beta software may be incomplete, unstable,
unsupported, changed, suspended, or discontinued at any time.
You should not rely on beta software for critical workflows or sole
copies of important data. You are responsible for backups and for
reviewing any permissions, provider scopes, or device access you enable.
6. Purchases, Subscriptions, and Refunds
If we offer paid apps, subscriptions, in-app purchases, upgrades,
trials, or licenses, the posted price, billing frequency, included
features, cancellation rules, and refund rules will apply at the time
of purchase. App Store purchases are processed by Apple and are subject
to Apple's payment, refund, cancellation, tax, and subscription terms.
Unless required by law or an applicable platform policy, fees are
non-refundable. We may change prices, features, plans, or availability
prospectively. If a subscription renews, you must cancel before renewal
through the applicable platform or account settings to avoid future
charges.
7. Intellectual Property
Simple Modern Software and its licensors own all rights, title, and
interest in and to our website, apps, software, designs, source code,
object code, user interface, graphics, logos, trademarks, trade dress,
documentation, content, and related materials, except for third-party
materials and user content.
You retain rights to content, accounts, data, and materials you own.
You grant us a limited license to process information as necessary to
provide, secure, troubleshoot, support, and improve the services you
use, consistent with our Privacy Policy and your settings.
Feedback
If you send ideas, suggestions, bug reports, designs, feature requests,
or other feedback, you grant us a perpetual, irrevocable, worldwide,
royalty-free license to use it without restriction or compensation.
8. App Store and Apple Terms
If you download an app from the Apple App Store or use TestFlight,
Apple's terms apply in addition to these Terms. Apple is not responsible
for our apps, maintenance, support, claims, product liability,
intellectual property claims, or legal compliance except as required by
Apple's applicable terms. Apple and its subsidiaries are third-party
beneficiaries of this section and may enforce it.
Apple, iCloud, CloudKit, Keychain, Sign in with Apple, TestFlight,
App Store, Mac, macOS, iPad, iPadOS, iPhone, iOS, and related marks
are trademarks of Apple Inc. We are not endorsed by or affiliated with
Apple unless expressly stated.
9. Important Disclaimers
To the maximum extent permitted by law, our website, apps, prototypes,
beta releases, services, and content are provided "as is" and "as
available," without warranties of any kind, whether express, implied,
statutory, or otherwise.
We disclaim all warranties, including implied warranties of
merchantability, fitness for a particular purpose, title,
non-infringement, availability, accuracy, quiet enjoyment, and
error-free or uninterrupted operation. We do not warrant that our
software will meet your requirements, preserve all data, prevent all
security issues, identify all device problems, detect all phishing or
spam, or remain compatible with all providers or platform changes.
No professional advice
App insights, summaries, diagnostics, statistics, suggestions, and
generated outputs are informational only. They are not legal, medical,
financial, security, emergency, or professional advice. You are
responsible for reviewing outputs, settings, permissions, and actions
before relying on them.
Backups and data responsibility
You are responsible for backing up important data. We are not
responsible for data loss, provider-side changes, account lockouts,
failed sync, missed sends, missed notifications, deleted messages,
corrupted files, or unsupported device states except where prohibited
by law.
10. Limitation of Liability
To the maximum extent permitted by law, Simple Modern Software, LLC
and its owners, officers, employees, contractors, licensors, suppliers,
and service providers will not be liable for indirect, incidental,
special, consequential, exemplary, or punitive damages, or for lost
profits, lost revenue, lost data, business interruption, device damage,
account loss, or loss of goodwill, even if we were advised of the
possibility of those damages.
To the maximum extent permitted by law, our total liability for all
claims relating to the website, apps, services, or these Terms will not
exceed the greater of: (a) the amount you paid us for the specific app
or service giving rise to the claim during the twelve months before the
claim arose, or (b) USD $100.
Some jurisdictions do not allow certain disclaimers or limitations, so
some of the above may not apply to you. In those jurisdictions, our
liability is limited to the greatest extent permitted by law.
11. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify,
and hold harmless Simple Modern Software, LLC and its owners, officers,
employees, contractors, licensors, suppliers, and service providers from
and against claims, damages, liabilities, losses, costs, and expenses
including reasonable attorneys' fees arising from or related to your
misuse of the software, violation of these Terms, violation of law,
violation of third-party rights, or content and accounts you connect,
upload, process, or share.
12. Suspension and Termination
We may suspend, limit, or terminate access to our website, apps,
services, beta programs, support channels, or licenses if we reasonably
believe you violated these Terms, created risk or liability, misused
the software, or if continued access is no longer commercially,
technically, or legally practical.
You may stop using our services at any time. Upon termination, the
license granted to you ends, but provisions that by their nature should
survive will survive, including intellectual property, disclaimers,
limitation of liability, indemnification, dispute terms, and payment
obligations accrued before termination.
13. Legal Compliance and Export
You must comply with all applicable laws and regulations, including
export control, sanctions, privacy, communications, and consumer
protection laws. You represent that you are not located in, under the
control of, or a resident or national of any country or person subject
to U.S. sanctions or embargoes that would prohibit your use of the
software.
14. Governing Law and Disputes
Unless applicable law requires otherwise, these Terms are governed by
the laws of the U.S. state in which Simple Modern Software, LLC is
organized, without regard to conflict of law principles. You and Simple
Modern Software agree to the exclusive jurisdiction and venue of the
state and federal courts located in that state for disputes not subject
to another mandatory forum.
Before filing a claim, you agree to contact us and try to resolve the
dispute informally. Either party may seek injunctive or equitable relief
in court to protect intellectual property, confidential information,
account security, or system integrity.
15. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date
indicates the latest revision. If changes are material, we will provide
notice as required by law. Continued use after the effective date of an
updated version means you accept the updated Terms.
16. Contact
Questions about these Terms may be sent to Simple Modern Software, LLC
at legal@simplemodernsoftware.com.