Terms of Service

1. Introduction

Welcome to SimplyQuote (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our invoicing and quote management platform, including our website, applications, and services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service.

3. Subscription and Billing

3.1 Subscription Plans: We offer various subscription tiers, including free and paid plans. Features, limitations, and pricing for each tier are described on our pricing page.

3.2 Billing: Paid subscriptions are billed on a recurring basis (monthly or annually) according to your selected plan. You authorize us to charge your payment method for all fees incurred.

3.3 Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

3.4 Cancellation: You may cancel your subscription at any time through your account settings or the Stripe customer portal. Upon cancellation, you will retain access to paid features until the end of your current billing period.

3.5 Refunds: Except as required by law, all fees are non-refundable. We do not provide refunds or credits for partial months or years of service.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon or violate the rights of others
• Transmit any harmful, fraudulent, or misleading content
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service without our permission

5. Intellectual Property

5.1 Our Content: The Service and its original content (excluding user-generated content), features, and functionality are owned by SimplyQuote and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content: You retain all rights to the content you create, upload, or store using the Service (including quotes, invoices, client data). By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

5.3 Feedback: If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or obligation to you.

6. Data Protection and Privacy (GDPR)

6.1 Data Collection: We collect and process your data as described in our Privacy Policy, which is incorporated into these Terms by reference.

6.2 GDPR Compliance: For users in the European Economic Area (EEA) and the United Kingdom, we process personal data in compliance with the General Data Protection Regulation (GDPR) and the UK GDPR, respectively. By using the Service, you acknowledge that we act as a Data Controller for your account information and as a Data Processor for the client data you input into the Service. You agree that you have the appropriate legal basis to collect and process any client data you enter into the Service.

6.3 Data Processing Agreement: For enterprise and professional users who require a Data Processing Agreement (DPA) as part of their GDPR compliance, please contact us through our Contact Page.

6.4 Data Security: We implement reasonable security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

6.5 Data Backup: You are responsible for maintaining backups of your data. We are not responsible for any loss or corruption of your data.

7. Service Availability

7.1 Uptime: We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when reasonably possible.

7.2 Modifications: We reserve the right to modify, suspend, or discontinue any feature or part of the Service at any time with or without notice. We will make commercially reasonable efforts to notify you of material changes that affect your use of the Service.

7.3 Support: We provide customer support for the Service as described on our website. Response times may vary depending on the nature of your inquiry and your subscription plan.

8. Third-Party Services

The Service integrates with and may contain links to third-party services. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the content, privacy policies, or practices of any third-party services.

Key third-party services used by the platform include:

• Payment Processing: Stripe, PayPal, and Square for handling payments and subscriptions
• Authentication & Database: Supabase for user authentication and data storage
• Email Delivery: AWS SES (Amazon Simple Email Service) for transactional emails
• Cloud Hosting: Cloud infrastructure providers for serving the application

We encourage you to review the terms and privacy policies of any third-party services you interact with through the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMPLYQUOTE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, inaccuracies, or omissions in invoices or quotes generated through the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

YOU ACKNOWLEDGE THAT SIMPLYQUOTE IS A TOOL TO ASSIST WITH INVOICING AND QUOTE MANAGEMENT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INVOICES, QUOTES, AND FINANCIAL DOCUMENTS GENERATED THROUGH THE SERVICE. THE SERVICE DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.

11. Indemnification

You agree to defend, indemnify, and hold harmless SimplyQuote and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party rights; or (iv) your content.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, we may delete your data in accordance with our data retention policies as described in our Privacy Policy.

Data Export: Before terminating your account, you may export your data (invoices, quotes, client records) using the available export features in the Service. Once your account is deleted, we may not be able to recover your data.

13. Dispute Resolution

13.1 Informal Resolution: Before filing a formal dispute, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the nature of the claim and the relief sought. We will attempt to resolve any disputes within 30 days of receiving your notice.

13.2 Binding Arbitration: If a dispute cannot be resolved informally, you and SimplyQuote agree to resolve any disputes through final and binding arbitration, except as set forth below. The arbitration shall be conducted in accordance with the rules of a recognized arbitration body in the jurisdiction where SimplyQuote operates.

13.3 Exceptions: Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13.4 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SimplyQuote operates, without regard to its conflict of law provisions. For users in the EEA or UK, nothing in these Terms affects your rights under mandatory consumer protection legislation in your country of residence.

15. Electronic Communications

By creating an account, you consent to receive electronic communications from us (e.g., email, in-app notifications). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Service-related communications (such as account verification, billing notifications, and security alerts) are not subject to unsubscribe and are a condition of using the Service.

16. Force Majeure

SimplyQuote shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, acts of government, pandemics, internet or telecommunications failures, cyberattacks, power outages, or third-party service provider outages.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (via email to the address associated with your account, or through a prominent notice on the Service). By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

18. Miscellaneous

18.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SimplyQuote regarding the Service and supersede all prior agreements.

18.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

18.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights without restriction.

18.5 Notices: All notices to SimplyQuote should be sent through our Contact Page. Notices to you will be sent to the email address associated with your account.

19. Contact Us

If you have any questions about these Terms, please contact us via:

Our Contact Page for any inquiries.