Terms of Use

Last Updated: September 24, 2022

The Gist

We (the folks at Simple Data Tools) are on a mission to help you harness the power of technology and digitize your business operations. We hope you love our products and services as much as we love creating them.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.

We’ve adopted these Terms using Automattic’s Creative Commons Sharealike license, which means that you’re also more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, Automattic would appreciate a credit and link to Automattic somewhere on your website. You can grab a copy of these Terms and other legal documents on GitHub. Thanks Automattic! https://automattic.com/

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for simpledatatools.com (collectively, “Services”).

These Terms also govern visitors’ access to and use of any websites that use our Services, like the markets and products available on simpledatatools.com (“Simple Data Tools”, “SDT”). Please note though that the operators of those stores may also have their own separate terms of use.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

  1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

All Simple Data Tools Services

  • If you reside outside of the Designated Countries: Simple Data Tools, Inc.
  • If you reside in the Designated Countries: Simple Data Tools, Inc.

We refer to Simple Data Tools, Inc., collectively as “Simple Data Tools” or “we” throughout these Terms.

  1. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create anaccount at simpledatatools.com, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you do not benefit from using simpledatatools.com or someone on the platform takes advantage of you in some way, we are not responsible.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

  1. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

  1. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

  1. Fees, Payment, and Renewal
  2. Simple Data Tools Fees

Fees for Paid Services. Some of our Services are offered for a fee (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting us. For transaction-based fees — such as fees for the Payments feature — you pay us a percentage of the transaction value. Transaction-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a WordPress.com plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

You can view your renewal date(s) and manage subscriptions for Paid Services by contacting us at hello@simpledatatools.com.

You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your Simple Data Tools plans through your simpledatatools.com Manage Purchases page. To cancel a plan, please contact us at hello@simpledatatools.com.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

  1. Fees Collected by Users

Automatic Renewal. Any recurring payments you make are automatically renewed. This means that unless you cancels your subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing subscription, you’ll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your Settings page.

Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your subscriptions by contacting us at hello@simpledatatools.com. 

  1. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

  1. General Representation and Warranty

Our mission is to help you harness the power of technology and digitize your business operations, and our Services are designed to give you control and ownership over your ability to buy and sell. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Simple Data Tools or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
  1. Specific Service Terms
  2. simpledatatools.com

Simpledatatools.com (referred to as simply “Simple Data Tools” or “SDT”) enables you to harness the power of technology and digitize your business operations, and we would love for you to use it. 

Simple Data Tools basic service is free, and we offer paid plans that add advanced features. We don’t own your content, and you retain all ownership rights you have in the content you post to your market and/or store. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like illegal products like drugs or illegal services like prostitution) is offered in your market and/or store. Also make sure that harmful contact (like spam, viruses, or serious threats of violence) appears on your store or is transacted in your market.

If you find a Simple Data Tools market or store that you believe violates these Terms, please contact us at hello@simpledatatools.com.

License. By uploading or sharing content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the content solely for the purpose of providing and improving our products and services and promoting your market and/or store. This license also allows us to make any publicly-posted content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the content through their services. 

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on simpledatatools.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Web Traffic. We may use a third-party service to measure simpledatatools.com’s audience and usage. 

Prohibited Uses. Your Content and conduct must not violate the simpledatatools.com User Guidelines.

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  4. This item intentionally left blank.g. Transactions

Your responsibilities. You have control over your store, and with great power comes great responsibility. You’re solely responsible for all of your activities, including managing transactions for your store, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:

  • We’re not involved in your relationships or transactions with any customer or potential customer.
  • You may only use Transaction Services for legitimate transactions with your customers.
  • You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. 
  • You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
  • You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
  • You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
  • If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact the counterparty before fulfilling or completing the transaction.
  • If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
  • You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Transaction Services.
  • You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
  • You’re responsible for investigating any transaction you believe may be erroneous, suspicious, prohibited by law, or otherwise poses unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from your customer before fulfilling or completing the transaction.
  • You’re solely responsible for ensuring that your transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
  • You agree to promptly notify us via email at hello@simpledatatools.com if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use our Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

We may terminate your access to our Services or force refunds (where possible) to your customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.

Fees and Negative Balances. In some cases, you pay us fees relating to the Services you use. For example, the fee for the Payments feature is a percentage (which depends on your plan) of the revenue your market and/or store generates through the Payment feature, and when you use the feature, you authorize Stripe to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds.

If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your activities or your use of Simple Data Tools Services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.

Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of our Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. We can’t guarantee that any tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.

If we’re obligated to pay or collect Taxes on your activities or your use of Services, you’re responsible for these Taxes, and we may collect payment for them from you.

Third-Party Services. We currently do not allow you to use third-party services to collect payment directly on Simple Data Tools.

  1. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.

  1. Intellectual Property

The Agreement doesn’t transfer any Simple Data Tools or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Simple Data Tools and you) solely with Simple Data Tools. Simple Data Tools, simpledatatools.comand all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Simple Data Tools (or Simple Data Tools’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Simple Data Tools or third-party trademarks.

  1. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

  • Third-Party Services aren’t vetted, endorsed, or controlled by Simple Data Tools.
  • Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
  • Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or market and/or store.

  1. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Simple Data Tools, or if Simple Data Tools posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

  1. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your market and/or store name due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Simple Data Tools policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your market and/or store’s storage or bandwidth usage burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

  1. Disclaimers

Our Services are provided “as is.” Simple Data Tools and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simple Data Tools, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, we applaud youcon. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

  1. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Delaware, USA.

  1. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

  1. Limitation of Liability

In no event will Simple Data Tools, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Simple Data Tools under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Simple Data Tools shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. Indemnification

You agree to indemnify and hold harmless Simple Data Tools, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

  1. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, Russia, Belarus, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Simple Data Tools to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

  1. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us hello@simpledatatools.com.

  1. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

  1. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Simple Data Tools and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Simple Data Tools may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

If any part of this Agreement renders the remainder of the Agreement invalid or unenforceable, that part will be considered void, and the remainder of the Agreement valid and enforceable.