Simbo Inc. and/or its affiliates ("Simbo", "we" or "us") operate an online services store ("Simbo SaaS Solutions") from which you may purchase products and services ("Simbo Products").
These Terms of Use apply to the content and functionality of Simbo SaaS Solutions, and to Simbo Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Simbo Services Agreement.
You may give us information about yourself when you visit Simbo SaaS Solutions. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit Simbo SaaS Solutions and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
As between you and Simbo, Simbo and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in Simbo SaaS Solutions (collectively, "Simbo SaaS Solutions IP"). Simbo SaaS Solutions IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Simbo SaaS Solutions IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to Simbo SaaS Solutions or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Simbo has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
Simbo grants you a limited, revocable, non-exclusive, non-transferable license to access Simbo SaaS Solutions. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
Details of the products and services available for purchase in Simbo SaaS Solutions ("Simbo Products") are set out in Simbo SaaS Solutions. All features, content, specifications, products, and prices of products and services described or depicted in Simbo SaaS Solutions are subject to change at any time without notice. Unless expressly noted, all weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on Simbo SaaS Solutions due to the limitations of the systems that you use to access Simbo SaaS Solutions. The inclusion of any products or services in Simbo SaaS Solutions at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
a. Subscription terms. We may offer you the ability to purchase subscriptions via Simbo SaaS Solutions. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
We may require that you create an account to access Simbo SaaS Solutions, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
This Section applies to Simbo Products that are physical goods. For clarity, this Section applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Simbo. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Simbo is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Simbo SaaS Solutions Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, Simbo SaaS Solutions Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Simbo will cover the cost of return shipping and will refund your purchase price in full.
You may not use Simbo SaaS Solutions or purchase any Simbo SaaS Solutions Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that Simbo SaaS Solutions or any Simbo SaaS Solutions Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
We provide Simbo SaaS Solutions, Simbo SaaS Solutions IP, and Simbo SaaS Solutions Products "as is" and "as available," without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty, or guarantee. No data, documentation, or any other information provided by Simbo or obtained by you from or through Simbo SaaS Solutions—whether from Simbo or another entity, and whether oral or written—creates or implies any warranty from Simbo to you.
Simbo disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through Simbo SaaS Solutions; (b) that Simbo SaaS Solutions Products will meet your specific needs or requirements; (c) that Simbo SaaS Solutions will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Simbo will correct any defects or errors in Simbo SaaS Solutions; or (e) that Simbo SaaS Solutions is free of viruses or other harmful code. Use of data, products, or services that you access, purchase, or download through Simbo SaaS Solutions is done at your own risk—you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.
Nothing in these Terms of Use operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
Under no circumstances will Simbo be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use Simbo SaaS Solutions or for the unavailability of Simbo SaaS Solutions, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of Simbo SaaS Solutions, even if such damages are foreseeable, and whether or not you or Simbo has been advised of the possibility of such damages. Simbo is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of Simbo SaaS Solutions or your failure to use or implement anti-fraud measures, security controls, or any other data security measure.
Any disputes arising from these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to principles of conflict of laws. Any claims shall be resolved through arbitration in Boston, Massachusetts.
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on the use of Simbo SaaS Solutions by posting such changes on our website. You can access a copy of the current version of these Terms of Use on our website at any time.
Simbo Inc.
45 Prospect St,
Cambridge, MA - 02125, USA.
connect@simbo.ai