SimDif Terms of Service

Terms of Service:

The following terms and conditions govern all use of the SD Website and all content, services and products available at or through the website, including, but not limited to, the hosting service, use of the software and apps, (taken together, the SD Website).
The SD Website is owned and operated by Simple Different Co., Ltd. The SD Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including Simple Different’s Privacy Policy) and procedures that may be published from time to time the SD Website by Simple Different (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the SD Website. By accessing or using any part of the SD Website, you agree to become bound by the terms and conditions of this Agreement.

If you do not agree to all the terms and conditions of this Agreement, then you may not access the SD Website or use any of our services. If these terms and conditions are considered an offer by Simple Different, acceptance is expressly limited to these terms.

Our Services are not directed to children. You are not allowed to access or use our Services if you are under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you are 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. Your SD Account and Site.

If you create a site on the SD Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Simple Different may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Simple Different liability.

You must immediately notify Simple Different of any unauthorized uses of your site, your account or any other breaches of security. Simple Different will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a site, comment on a site, post material to the SD Website, post links on the SD Website, or otherwise make (or allow any third party to make) material available by means of the SD Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

● the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

● if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

● you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

● the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

● the Content is not spam, is not bulk-generated using automated tools or bots, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

● the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

● your site does not promote any unlicensed financial service;

● your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;

● your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and

● you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Simple Different or otherwise.

By submitting Content to Simple Different for inclusion on your SD Website, you grant Simple Different a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. You represent and warrant that your Content does not contain or promote any of the following prohibited items: scams, spam, viruses, unlicensed financial services, illegal movie and game downloads, hacking services, sex trafficking, child abuse, pornography, illegal drugs, hate speech, defamation, promotion of terrorism, unlicensed weapons sales, identity theft, trademark infringement or sharing of copyrighted content without rights of distribution.

If you delete Content, Simple Different will use reasonable efforts to remove it from the SD Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Simple Different has the right (though not the obligation) to, in Simple Different's sole discretion (i) refuse or remove any content that, in Simple Different's reasonable opinion, violates any Simple Different policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the SD Website to any individual or entity for any reason, in Simple Different's sole discretion. Simple Different will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.

Optional paid services such as Smart Sites and Pro Sites are available on the SD Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Simple Different the monthly or annual fees indicated for that service (additional payment terms specifically for Smart Sites, Pro Sites, and other Upgrades are described below).

Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual period as indicated. Upgrade fees are not refundable.

Simple Different reserves the right to terminate your access to all or any part of the SD Website, including paid services, if your site is found to contain prohibited content as outlined in Section 2. In such cases, Simple Different will have no obligation to provide a refund of any amounts previously paid.

4. Upgrades.

4.1 Support
All Upgrades will be provided in accordance with Simple Different standard Upgrades practices, procedures and policies.

4.2 Fees / Payment
By signing up for an Upgrade you agree to pay Simple Different the setup fees and monthly hosting fees indicated at https://www.simdif.com/en/pricing.html in exchange for the services listed at https://www.simdif.com/en/pricing.html

Applicable fees will be invoiced starting from the day your Upgrades are established and in advance of using such services.

Simple Different reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Upgrades can be canceled by you at anytime on 30 days written notice to Simple Different.

5. Responsibility of Simple Different.

(i) Simple Different employs both automated systems and human review in an effort to monitor User-created websites, and we will make reasonable efforts to remove content that violates these Terms of Service. However, we have not, and cannot, review all material on User-created websites, and we do not guarantee that they are free from prohibited content.

(ii) Simple Different does not have any control over Users' websites and we do not assume responsibility for any content posted by Users or third parties on User-created websites.

(iii) Simple Different disclaims any responsibility for any harm resulting from the use by Visitors of websites created by Users, or from any downloading by those Visitors of content posted there.

By linking to a non-Simple Different websites, Simple Different does not represent or imply that it endorses such websites.

6. Responsibilities of Users and Visitors.

6.1 User Responsibilities

(i) Users are responsible for all content they post on their websites and must ensure their content does not violate these Terms of Service, including the prohibitions outlined in Section 2.

(ii) Users are responsible for complying with all applicable laws and respecting third-party rights in relation to their website content.

6.2 Visitor Responsibilities

(i) Visitors access User-created websites at their own risk and are responsible for taking necessary precautions to protect themselves and their computer systems when visiting User-created websites. This includes, but is not limited to, using up-to-date antivirus software and exercising caution when interacting with unfamiliar content.

(ii) Visitors should be aware that User-created websites may contain content that some might find offensive, inaccurate, or objectionable.

6.3 Content Disclaimers

(i) User-created websites may contain content that is offensive, inaccurate, or objectionable.

(ii) Some content on User-created websites may be subject to intellectual property rights, privacy rights, or other rights of third parties.

6.4 Limitation of Liability

Users agree to indemnify and hold Simple Different harmless from any claims arising from content they post on their websites or their violation of these Terms of Service.

6.5 Reporting Violations

If Visitors believe any content on a User-created website violates these Terms of Service or applicable laws, they should report it to Simple Different immediately using this contact form.

7. Copyright Infringement and WIPO Policy.

As Simple Different asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Simple-Different.com violates your copyright, you are encouraged to notify Simple Different here.

Simple Different will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Simple Different will terminate a visitor’s access to and use of the SD Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Simple Different or others. In the case of such termination, Simple Different will have no obligation to provide a refund of any amounts previously paid to Simple Different.

8. Intellectual Property.

This Agreement does not transfer from Simple Different to you any Simple Different or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Simple Different.

Simple Different, SimpleDifferent, Simple & Different, Simple-Different.com, their logos, and all other trademarks, service marks, graphics and logos used in connection with Simple-Different.com, or the SD Website are trademarks or registered trademarks of Simple Different or Simple Different’s licensors.

Other trademarks, service marks, graphics and logos used in connection with the SD Website may be the trademarks of other third parties. Your use of the SD Website grants you no right or license to reproduce or otherwise use any Simple Different or third-party trademarks.

9. Attribution.

Simple Different reserves the right to display attribution links such as ‘Made with SimDif’ in the site footer of your Starter Site. Footer credits may not be altered or removed from your Starter Site. Footer credits may be removed from Smart Sites, Pro Sites, and sites with other Upgrades.

10. Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

11. Changes.

Simple Different reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.

Your continued use of or access to the SD Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Simple Different may also, in the future, offer new services and/or features through the SD Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination.

12.1 Termination by Simple Different

Simple Different reserves the right to terminate or suspend your access to all or part of the SD Website at any time, with or without cause, with or without notice, effective immediately. This includes the right to remove sites containing prohibited content, whether the site is free or paid.

12.2 Termination by User

(i) You may terminate this Agreement at any time by deleting all your sites and your account through the SD Website. The option to delete your sites and account is easily accessible within your account settings.

(ii) To cancel Upgrades, you may stop payment through whichever payment gateway you used.

12.3 Effects of Termination

(i) Upon termination of your account, whether initiated by you or by Simple Different, we will remove all your user data from our systems in accordance with our privacy policy and data protection practices.

(ii) Termination of your account includes the removal of access to all offerings within the SD Website, including your SimpleDifferent websites and account.

12.4 Survival.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties.

The SD Website is provided “as is”. Simple Different 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 Different nor its suppliers and licensors, makes any warranty that the SD Website will be error free or that access thereto will be continuous or uninterrupted.

You understand that you download from, or otherwise obtain content or services through, the SD Website at your own discretion and risk. 14. Limitation of Liability.

In no event will Simple Different, or its suppliers or licensors, be liable with respect to any subject matter of this 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 the fees paid by you to Simple Different under this agreement during the twelve (12) month period prior to the cause of action. Simple Different shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Neither SD nor any third party suppliers of our software or equipment make any warranty, express or implied, as to the results to be obtained by any user or others from the use of the software.

Simple Different makes no express or implied warranty of the fitness of the SD software for a particular purpose or use.

15. General Representation and Warranty.

You represent and warrant that

(i) your use of the SD Website will be in strict accordance with the Simple Different Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside),

(ii) your use of the SD Website will not infringe or misappropriate the intellectual property rights of any third party, and

(iii) your use of the SD Website will not include or link to any content prohibited under Section 2 of this Agreement, including but not limited to scams, spam, viruses, unlicensed financial services, illegal movie and game downloads, hacking services, sex trafficking, child abuse, pornography, illegal drugs, hate speech, defamation, promotion of terrorism, unlicensed weapons sales, identity theft, trademark infringement or sharing of copyrighted content without rights of distribution.

16. Indemnification.

You agree to indemnify and hold harmless Simple Different, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the SD Website, including but not limited to your violation of this Agreement.

You agree to indemnify and hold harmless Simple Different, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the SD Website, including but not limited to your violation of this Agreement or the inclusion of prohibited content on your site as outlined in Section 2.

17. Miscellaneous..

This Agreement constitutes the entire agreement between Simple Different and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Simple Different, or by the posting by Simple Different of a revised version.

Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Thailand. This Agreement shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simple Different may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.