Now Simplifi Ltd
End-User License Agreement ("Agreement")
Effective Date 10/12/2024
Introduction
Please read this End-User License Agreement ("Agreement") carefully before clicking the “I Agree" button,
downloading or using any of the Now Simplifi Ltd applications, SimpleAudit, SimpleAudit Cloud or NowSimplifi
("Application"). By clicking the "I Agree"
button, downloading or using the Application, you are agreeing to be bound by the terms
and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single
entity) and Now Simplifi Ltd and it governs your use of the
Application made available to you by Now Simplifi Ltd. If you do not agree to the terms of
this Agreement, do not click on the "I Agree" button and do not download or use the
Application. The Application is licensed, not sold, to you by Now Simplifi Ltd for use strictly in accordance with
the terms of this Agreement.
License
Now Simplifi Ltd grants you a revocable, non-exclusive, non-transferable, limited license to
download, install and use the Application solely for your personal or commercial purposes strictly in accordance
with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to: license, sell, rent, lease, assign,
distribute, transmit, host, outsource, disclose or otherwise commercially exploit the
Application or make the Application available to any third party. Copy or use the Application for any purpose other
than as permitted under the above section 'License'. Modify, make derivative works of, disassemble, decrypt, reverse
compile or reverse engineer any part of the Application. Remove, alter or obscure any proprietary notice (including
any notice of copyright or trademark) of Now Simplifi Ltd or its affiliates, partners, suppliers or the licensors of
the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade
secrets and other intellectual property rights are, and shall remain, the sole and exclusive
property of Now Simplifi Ltd.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions") provided by you to Now
Simplifi Ltd with respect to the Application shall remain the sole and exclusive property of Now Simplifi Ltd. Now
Simplifi Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any
way without any credit or any compensation to you.
Modifications to Application
Now Simplifi Ltd reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or without notice and
without liability to you.
Updates to Application
Now Simplifi Ltd may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates"). Updates may modify or delete certain
features and/or functionalities of the Application. You agree that Now Simplifi Ltd has no
obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular
features and/or functionalities of the Application to you. You further agree that all Updates
will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the
terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party
websites or services ("Third-Party Services"). You acknowledge and agree that Now Simplifi Ltd shall not be
responsible for any Third-Party Services, including their accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any
other aspect thereof. Now Simplifi Ltd does not assume and shall not have any liability or
responsibility to you or any other person or entity for any Third-Party Services. Third-Party
Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your
own risk and subject to such third parties' terms and conditions.
Privacy Policy
Now Simplifi Ltd collects, stores, maintains, and shares information about you in accordance with its Privacy
Policy, which is available at http://www.nowsimplifi.com/privacy-policy. By accepting this Agreement, you
acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by you or Now Simplifi Ltd. Now
Simplifi Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement
with or without prior notice. This Agreement will terminate
immediately, without prior notice from Now Simplifi Ltd, in the event that you fail to comply
with any provision of this Agreement. You may also terminate this Agreement by deleting
the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the
Application from your mobile device or from your computer. Termination of
this Agreement will not limit any of Now Simplifi Ltd's rights or remedies at law or in equity
in case of breach by you (during the term of this Agreement) of any of your obligations
under the present Agreement.
Indemnification
You agree to indemnify and hold Now Simplifi Ltd and its parents, subsidiaries, affiliates,
officers, employees, agents, partners and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the
Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any
right of a third party.
No Warranties
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, Now Simplifi Ltd, on its own behalf and on behalf of
its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties,
whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out
of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Now
Simplifi Ltd provides no warranty or undertaking, and makes no representation of any kind that the Application will
meet your requirements, achieve any intended results, be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected. Without limiting the foregoing, neither Now Simplifi Ltd nor
any Now Simplifi Ltd's provider makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Application, or the information, content, and materials or products included
thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Application; or (iv) that the Application, its servers,
the content, or e-mails sent from or on behalf of Now Simplifi Ltd are free of viruses, scripts, trojan horses,
worms, malware, time bombs or other harmful components. Some jurisdictions do not allow the exclusion of or
limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or
all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Now Simplifi Ltd
and any of its suppliers under any provision of this Agreement and your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by you for the
Application. To the maximum extent permitted by applicable law, in no event shall Now
Simplifi Ltd or its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits, for loss of
data or other information, for business interruption, for personal injury, for loss of privacy
arising out of or in any way related to the use of or inability to use the Application, third-
party software and/or third-party hardware used with the Application, or otherwise in
connection with any provision of this Agreement), even if Now Simplifi Ltd or any supplier
has been advised of the possibility of such damages and even if the remedy fails of its
essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to
you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will
be changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall be the waiver of a breach
constitute waiver of any subsequent breach. Amendments to this Agreement Now Simplifi
Ltd reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is
material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion. By continuing to access or use our Application after any revisions
become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no
longer authorised to use the Application.
Governing Law
The laws of United Kingdom, excluding its conflicts of law rules, shall govern this Agreement and your use of the
Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Contact Information
If you have any questions about this Agreement, please contact us: hello@nowsimplifi.com
Entire Agreement
The Agreement constitutes the entire agreement between you and Now Simplifi Ltd
regarding your use of the Application and supersedes all prior and contemporaneous
written or oral agreements between you and Now Simplifi Ltd. You may be subject to
additional terms and conditions that apply when you use or purchase other Now Simplifi
Ltd's services, which Now Simplifi Ltd will provide to you at the time of such use or purchase.