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Simplified Alerts Terms and Conditions

Effective Date: January 1, 2024

1. Acceptance of Terms

By accessing and using the services provided by Simplified Alerts (“Service”), a service offered by Simplified Solutions, LLC, located at 161 N. Clark St, Suite 1700, Chicago, IL 60601 (“Company”), you (“User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Service.

2. Service Description

Simplified Alerts provides a platform for SMS and MMS messaging services (and email where applicable), allowing Users to send and receive text and multimedia messages to specified recipients. The Service includes, but is not limited to, access to the Simplified Alerts platform, APIs, and related support services.

3. Use of the Service

  1. Eligibility: You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with us.
  2. User Accounts: To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities conducted through your account.
  3. Acceptable Use: You agree not to use the Service for any unlawful or prohibited purpose. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service.

4. User Obligations

  1. Compliance: User agrees to use the Service in compliance with all applicable laws, including but not limited to data protection and privacy laws.
  2. Content Responsibility: User is solely responsible for the content of the messages sent through the Service. User agrees not to send messages that are illegal, obscene, threatening, or that violate the rights of others.
  3. Account Security: User is responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.

5. Content

  • User Content: You are responsible for the content of your messages and for ensuring that you have all the rights and permissions needed to use that content in connection with the Service.
  • Prohibited Content: You agree not to send messages that are illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.

6. Payment

User agrees to pay all fees associated with their use of the Service, as detailed in the Service’s pricing schedule. Fees are subject to change with notice from the Company. Refunds are not provided.

7. Intellectual Property

  1. Ownership: We own all rights, title, and interest in and to the Service, including all related intellectual property rights. Your use of the Service does not grant you any ownership rights to the Service.
  2. License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

8. Trademarks:

SIMPLIFIEDALERTS (is/are) trademarks or service marks of Simplified Solutions LLC.

9. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, logos, and content, are owned by the Company. User is granted a non-exclusive, non-transferable license to use the Service as per these Terms.

10. No Warranties:

THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SIMPLIFIED ALERTS SERVICE, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PLATFORM, RELATED APPLICATIONS, WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR

INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.6. Termination

The Company may terminate or suspend User’s access to the Service at any time, without notice, for violation of these Terms or for any other reason deemed appropriate by the Company.

11. Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) User’s access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of User’s transmissions or content.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

13. Changes to These Terms

The company reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

14. Contact Information

For any questions about these Terms, please contact Simplified Solutions, LLC at:

161 N. Clark St, Suite 1700
Chicago, IL 60601

support@simplifiedalerts.com

By using the Service, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.

This document was last updated on February 1, 2024.