Terms of Service & Conditions

1. Acceptance of Terms and Conditions

By accessing, browsing, or using this website (www.simplertechnologies.in) and all associated services, web pages, and content (collectively, the 'Website'), and by subscribing to our products and services including but not limited to GymFusion, Institute-Fusion, LibraryFusion, and Enterprise ERP solutions (the "Services"), you agree to be bound by these Terms of Service and all applicable laws, rules, and regulations. If you do not agree with any part of these terms, you must immediately cease using the Website and Services.

These terms constitute the entire agreement between you and Simpler Technologies Private Limited and shall supersede all previous agreements, representations, and understandings.

2. Service Description and License

Simpler Technologies provides comprehensive Enterprise Resource Planning (ERP) software solutions designed specifically for gyms, educational institutions, libraries, and enterprises. Our Services include software-as-a-service (SaaS) offerings, cloud-based application access, technical support, and related professional services.

Subject to your compliance with these Terms and payment of applicable fees, Simpler Technologies grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not permit you to:

• Reproduce, copy, modify, or create derivative works of the Services without written consent
• Decompile, reverse engineer, or attempt to discover source code or proprietary technology
• Sell, transfer, sublicense, or resell the Services to third parties
• Attempt to gain unauthorized access to the Services, servers, or networks
• Use the Services for any unlawful or fraudulent purposes
• Remove or alter any proprietary notices, labels, or marks

3. Email Communications, Newsletters, and Marketing Compliance

Simpler Technologies utilizes email services to communicate with subscribers, customers, and users regarding newsletters, product updates, transaction receipts, account notifications, and marketing communications. We are committed to maintaining the highest standards of email compliance and responsible communication practices.

3.1 Newsletter and Marketing Communications

By providing your email address to Simpler Technologies, you explicitly consent to receive newsletters, product announcements, service updates, and promotional materials from us. Each email communication will include clear identification of Simpler Technologies as the sender and our valid business contact information.

3.2 CAN-SPAM and Anti-Spam Compliance

All marketing and promotional emails sent by Simpler Technologies comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. Our email practices include:

• Accurate header information identifying Simpler Technologies as the sender
• Clear and conspicuous disclosure that the message is an advertisement or promotional material
• Accurate descriptions of the content and purpose of each email
• Functional and clearly visible unsubscribe mechanisms in every email
• Prompt processing of unsubscribe requests within 10 business days
• Respect for opt-out preferences and removal of email addresses upon request

3.3 GDPR and Data Privacy Compliance

For users located in the European Union or European Economic Area, all email communications comply with the General Data Protection Regulation (GDPR). We obtain explicit, informed consent before collecting and processing personal data for marketing purposes. You have the right to:

• Access your personal data held by us
• Correct or update inaccurate information
• Request deletion of your personal data
• Withdraw consent for email communications at any time
• Opt-out of marketing emails without affecting transactional communications

3.4 CASL Compliance (Canada)

For users in Canada, all commercial electronic messages comply with the Canada's Anti-Spam Legislation (CASL). We obtain prior express or implied consent before sending promotional emails and include valid contact information and clear unsubscribe options in all messages.

3.5 Unsubscribe and Preference Management

You may unsubscribe from marketing communications at any time by:

• Clicking the 'Unsubscribe' link in any marketing email
• Updating your communication preferences in your account settings
• Contacting us directly at connect@simplertechnologies.in with your request

Please note that unsubscribing from marketing emails will not affect transactional emails related to your account, service updates, or important account notifications.

4. User Responsibilities and Acceptable Use Policy

You are responsible for maintaining the confidentiality of your login credentials and are fully liable for all activities that occur under your account. Simpler Technologies will never ask for your password via email or unsolicited communications.

You agree not to use the Services to:

• Engage in illegal activities or violation of any laws or regulations
• Transmit harmful, malicious, or malware-containing code or data
• Harass, threaten, defame, libel, or slander any individual or organization
• Attempt to gain unauthorized access to systems or accounts
• Interfere with or disrupt the normal operation of the Services
• Violate intellectual property rights of Simpler Technologies or third parties
• Engage in phishing, social engineering, or fraudulent activities
• Send unsolicited bulk emails or spam through our systems

5. Data Protection, Security, and Privacy

Simpler Technologies implements industry-standard security measures to protect your data, including encryption, firewalls, and secure data centers. However, no system is completely secure, and we cannot guarantee absolute security.

5.1 Data Collection and Use

We collect only necessary information to provide our Services and comply with applicable laws. Your data is used for:

• Provision and improvement of our Services
• Customer support and technical assistance
• Compliance with legal and regulatory obligations
• Security monitoring and fraud prevention
• Analytical purposes to enhance user experience

5.2 Data Retention

We retain your data for as long as necessary to provide Services and fulfill legal obligations. Upon account termination, we will securely delete or anonymize your personal data within 30 days, unless required by law to retain it longer.

5.3 Third-Party Sharing

Simpler Technologies does not sell, rent, or share your personal information with third parties for marketing purposes without your explicit consent. We may share data with trusted service providers under confidentiality agreements and only as necessary to provide our Services.

6. Intellectual Property Rights

All content, software, trademarks, logos, designs, text, graphics, and other materials on the Website and Services are the exclusive property of Simpler Technologies or its licensors and are protected by international copyright, trademark, and intellectual property laws.

You retain all intellectual property rights to data and information you input into our Services. However, by providing content, you grant Simpler Technologies a license to use, reproduce, modify, and improve such content as necessary to provide and enhance our Services.

7. Service Availability, Uptime, and Maintenance

Simpler Technologies endeavors to maintain 99.5% uptime for our Services, excluding scheduled maintenance windows. We reserve the right to perform necessary maintenance, upgrades, or security patches, which may temporarily interrupt service availability. Critical maintenance will be announced with advance notice when possible.

Service availability issues including outages, slowdowns, or degraded performance may occur. We are not liable for any damages, losses, or disruptions resulting from circumstances beyond our reasonable control, including but not limited to data center failures, network issues, or force majeure events.

8. Disclaimer and Limitation of Liability

THE SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. SIMPLER TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.1 No Warranty

We do not warrant that the Services will be uninterrupted, error-free, or secure. We are not liable for:

• Loss of data, revenue, or profits
• Business interruption or operational failure
• Indirect, incidental, or consequential damages
• Third-party claims or actions

8.2 Liability Cap

In no event shall Simpler Technologies' total liability exceed the total fees paid by you in the 12 months preceding the claim. Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

9. Payment, Billing, and Subscription Terms

All fees are exclusive of applicable taxes and duties. You are responsible for paying all taxes applicable to your subscription. We will invoice you according to your chosen billing cycle (monthly, quarterly, or annually).

Payment must be made according to the terms provided at the time of purchase. Late payments may result in suspension of your account and Services. We accept all major payment methods and utilize secure payment processing.

All subscriptions will automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting our support team.

10. Termination and Suspension

You may terminate your account and subscription at any time by providing written notice to connect@simplertechnologies.in. Upon termination, your access to the Services will be immediately revoked, and all data will be deleted according to our data retention policy.

Simpler Technologies reserves the right to suspend or terminate your account immediately if you violate these Terms, engage in illegal activities, or pose a security risk. Termination for cause will not result in a refund of fees paid.

11. Modifications to Terms and Services

Simpler Technologies reserves the right to modify these Terms of Service at any time. Continued use of the Website and Services following notification of material changes constitutes your acceptance. We will notify users of significant changes via email or prominent notice on the Website.

We may also modify, enhance, or discontinue any feature of the Services at our discretion. We will provide advance notice for material service changes when commercially reasonable.

12. Indemnification

You agree to indemnify, defend, and hold harmless Simpler Technologies and its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services or breach of these Terms
• Any content or data you input into the Services
• Your violation of applicable laws or regulations
• Your infringement of third-party intellectual property rights

13. Third-Party Links and Services

The Website may contain links to third-party websites and services. Simpler Technologies is not responsible for the content, accuracy, or practices of external sites. Your use of third-party services is subject to their terms and conditions. We recommend reviewing their privacy policies and terms before use.

14. Governing Law and Dispute Resolution

These Terms of Service and all related agreements shall be governed by and construed in accordance with the laws of the jurisdiction where Simpler Technologies is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or use of the Services shall first be subject to negotiation in good faith. If negotiation fails, disputes shall be resolved through binding arbitration or litigation in the courts of the governing jurisdiction, as determined by applicable law.

15. Severability

If any provision of these Terms is found to be invalid, unenforceable, or unlawful, the remaining provisions shall continue in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to comply with applicable law.

16. Contact and Support

For questions, concerns, or inquiries regarding these Terms of Service, please contact us at:

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Simpler Technologies regarding your use of the Website and Services. This agreement supersedes all prior agreements, understandings, and communications.

If you have not read and fully understand these Terms, or if you do not accept any part of these Terms, please do not use the Website or Services. Your continued use of the Website and Services indicates your acceptance of these Terms.