Terms of Service
Effective Date: March 2, 2020
Welcome to SimplePin.com. The following Terms of Services (“Terms”) are a binding legal agreement between you (“you” or “You”) and SimplePin LLC. (“SimplePin” or the “Company”) regarding your use of the www.SimplePin.com website and related services (collectively, the “Service”). Visitors and users of the Service are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, EFFECTIVE AS OF THE DATE OF SUCH ACTION, TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IN ORDER TO USE THE SIMPLEPIN PLATFORM YOU AGREE THAT YOU WILL AUTOMATICALLY OPEN AN ACCOUNT WITH OUR TRUSTED PAYMENT COMPANY, PAYRIX THEREBY YOU EXPRESSLY AGREE TO THE TERMS OF SERVICE USED BY PAYRIX. PAYRIX PROCESSES ALL MONETARY TRANSACTIONS, INCLUDING CREDIT, DEBIT AND ACH TRANSACTIONS RELATED TO YOUR USE OF THE SIMPLEPIN PLATFORM. SIMPLEPIN IS A SERVICE AND NEVER PROCESSES OR HOLDS YOUR FUNDS DIRECTLY OR INDIRECTLY. YOUR USE OF THE SERVICES CONSTITUTES YOUR EXPRESS AGREEMENT TO BE BOUND BY THE PAYRIX USER AGREEMENT AND TERMS OF SERVICE PLEASE SEE HYPERLINK HERE.
Users who violate these Terms may have their access and use of the Service suspended or terminated, at SimplePin’s sole discretion.
THIRD PARTY AGREEMENTS
It is important for you to be aware that this Agreement is only between SimplePin and you, that means that other companies like PAYRIX, Apple, Google, Microsoft, WeChat, Alipay and other mobile carriers are not acknowledged or involved in this document. SimplePin is uniquely responsible for its services. The what you use SimplePin’s services may need other separate agreements that may be more applicable to your mobile device’s operation system provider like Apple & Samsung or your mobile service carrier, as well as other entities that provide a service to your mobile device.
Companies like Google, Apple and Microsoft that build operating systems for mobile devices, cellphone carriers or anyone who gives you a service to your mobile device are all considered “Covered Third Parties”. It is understood that you agree to the terms and conditions of third parties when you’re using SimplePin’s services. We are not part of those agreements and have no responsibility towards the products and services provided by others.
Please note that SimplePin has opened an application programming interface (API), this means that you could be subject to third party agreements when you are using services that did not come from SimplePin. We aren’t responsible or liable for any use you could give to these third-party services.
SIMPLEPIN SERVICE TERMS
Terms for SimplePin Services
SimplePin allows you to pay your bills for goods and services offered by third parties. Using your mobile device, web browser or in if you are an approved merchant, it is possible for you to receive SimplePin payments through our app or website.
SimplePin is not responsible for what you do with the money you transfer or receive, neither are we liable for what you do with that money. It is not guaranteed that we can know the identity of any users of our services, or if a transaction will be completed by any of the parties.
We have two different types of accounts known as “Sender” and “Receiver”.
- Used solely to make payments.
- Limited to only one sender account per user.
- Used for paying bills to businesses or individuals performing a service.
- Reserved for businesses and individuals that perform a service.
We may need some extra info from you in order to complete a transaction, this is because each business that you are involved in will be limited to its own account. To get your own business account, it is necessary for you to apply with us and receive authorization from our team. Moreover, by opening a business account, you are accepting the terms that are stated in this agreement, including but not limited to the Rules and Restrictions for Business Accounts that is available below.
It is important for everyone that you abide to the agreement and that you do not use these accounts for personally, family or household purposes.
You agree that the personal and business information you are providing us is correct, accurate, updated, complete and true. We keep control through the registration process or by storing your phone’s ID when accessing SimplePin services through it.
You authorize SimplePin, directly or through third parties to inquire on any issue we deem important and necessary to validate who you are, authenticate your identity, account information, company or employer. This means that we could get in contact with you in the future asking for further information or documents related to the ways you use your account or by placing a cheque for you to confirm your ownership, such as email, phone number, financial instruments that we verify with third party databases or through other sources. We do this internally and it all stays here.
We are always open to giving you an account statement. It’s possible to view it through your SimplePin account.
Please see HYPERLINK "https://simplepin.com/en/pricing" HERE for more information on fees. Fees may change from time to time at our discretion.
How to Close Your Account
Although we would hate to see you go, you can always close your SimplePin account whenever you would like to, unless you still have a negative balance, pending transactions or some still in progress.
Remember that you will have to withdraw your funds before closing your account. This will also dissociate any cards that you have paired with our services.
For closing account please call our support line: 1 800 727-4136.
Items Put on Hold
SimplePin has the sole authority to place a hold on any payment you receive, if there is the suspicion of any high-risk activity related to the transaction. If we put a hold on your payment, it will appear in your SimplePin account as “pending”.
Limits to Closing Your Account
We cannot let you close your account if there is a payment investigation related to it. If you try to close it while this process is ongoing, we may need to block your funds for up to 180 days, as a measure to protect SimplePin and other Third Parties against any risks of chargebacks, fees, penalties or other liabilities, which will remain your responsibility even once the account is terminated.
If this agreement is terminated for whatever reason, we will have the right to decide if we should allow you back onto our system, that is using SimplePin Services. This means that you could lose your username & passwords and limit or bluntly prohibit your or your company/affiliates/subsidiaries access to our Services.
You agree that SimplePin, in its sole discretion, for any or no reason, and without penalty, may terminate any account you may have with SimplePin or your use of the Service and remove and discard all or any part of your account, User profile, and any user communications, at any time. SimplePin may also in its sole discretion, and at any time, discontinue the Service or discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any Account you may have or portion thereof may be affected without prior notice, and you agree that SimplePin will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SimplePin may have at law or in equity.
Rules and Restrictions
We will continue explaining throughout this section the Rules and Restrictions a user has in relation to their personal financial account and this agreement.
We rarely hear about this case, but nevertheless we want to make sure you are informed. If there are transfers you did not make, there is a procedure to follow further down this agreement.
Rules and Restrictions
The ensuing Rules and Restrictions for Business Accounts under this agreement will be applied as followed:
If you are a business entity, you represent that you are duly authorized to do business in the United States; and your employees, officers, representatives, and other agents accessing the SimplePin Services are duly authorized to access the SimplePin Services and to legally bind you to this User Agreement and all transactions conducted under your username and password.
Officers and Employee Authorities
If you are a business, you must take in consideration that if your staff or agents use your SimplePin account. You are legally responsible for whoever you authorize to use SimplePin Services. This means that you assume all responsibility for any fraudulent or improper use of your password.
Authorized Business Bill Payments
You can use your SimplePin account to pay for things and get invoiced through our website or app. Businesses that can accept your payments need to be approved by us beforehand. A transaction between two SimplePin users is not considered an Authorized Business Payment
Fees for Authorized Business Bill Payments
No matter how it was funded, we will not charge you any fees for using your SimplePin account to complete an Authorized Business Bill Payment. There may be fees coming from third parties, these are usually related but not limited to insufficient funds, reversal fees, and any other fee that your bank could place on you.
Linking Your SimplePin Account to an Authorized Business
SimplePin allows you to link your Authorized Business Payment with your merchant in most cases. We would recommend you to be careful with who you are linking your account with, once your SimplePin account is paired with your merchant’s, you may be charged for future purchases that are stated in the agreement you have with your merchant.
Once you pair your SimplePin account to a business, you are authorizing us to facilitate Authorized Business Payments using your SimplePin balance and your default backup payment (When you have an underfunded SimplePin balance).
When linking your account to a business, you will be giving us authorization to charge your SimplePin balance, this would include your backup payment method in the case of insufficient funds for all Authorized Business Payments made with the merchant.
If you decide to terminate your commercial transactions with certain merchant, then you may unpair you account in the Connected Merchants link on our website. Try to keep in mind that even though you cancel your account, you will still owe money to the entity you are doing business with, for any service or goods that have been received but not payed for.
Once unpair your account with that of the merchant, you will not be able to conduct Authorized Merchant Bill Payments with that merchant, unless you re-link your SimplePin account to that merchant again.
Depending on the merchant, once you connected your SimplePin account, you may be asked to log into SimplePin and/or to provide your Touch ID or PIN (if enabled) before you will be able to complete a purchase. To enable Touch ID or PIN on iOS, go to go to Settings > Touch ID & PIN. To enable PIN on Android, go to Settings > Security Settings.
Authorized Merchant Payment Limits
We have set limits related to the amount of Authorized Merchant Bill Payments that are possible using a SimplePin account. You can get more info on this at our Help Center. Our limits can change at our own discretion.
Payment Authorizations and Processing Delays
Every time you create an Authorized Merchant Bill Payment, you will be allowing the merchant to process your payment. This will be shown as “Pending” while we wait for the merchant to process the payment. This is usually done instantly, but it all depends on who you are doing business with. To avoid any difficulties for you and our users, we give authorizations a 30-day grace period, while we have on hold the amount due in you SimplePin account.
In some cases, the estimate the merchant gave you could be lower than the actual payment amount. This happens in some cases like for example, when a merchant adds a service fee or tip. In these cases, we would place the amount due on hold in your SimplePin account. We will release the funds in your account that exceed the amount do for payment, usually not exceeding 30 days. In the meantime, any funds on hold will not be at your disposal.
If suddenly you notice a payment that you did not make or authorize, do not wait and quickly follow the procedures you must take in section “Resolution Procedures for Unauthorized Transactions and Other Errors” of this Agreement.
Questions or doubts?
We are always open to answering any question or doubt you may have regarding Authorized Merchant Bill Payments and more. Please CONTACT US and we will get back to you as soon as possible.
Operating Systems, Phone Manufacturers and Wireless Carriers
Our service works because it is linked to selected operating systems and devices, this includes Apple’s iOS, Google’s Android, and Microsoft Windows operating systems. We are only responsible in giving maintenance and support to our SimplePin Services. Any other third party (Like the ones mentioned above) are not obliged to give you the support or maintenance that we are responsible for.
Third Parties have no warranty obligations with our users, this means that claims, losses, liabilities, damages, costs or expenses that are caused by a failure in our services and conform to any warranty that we have provided beforehand, SimplePin will take sole responsibility.
Only SimplePin is responsible for responding to any claims relating to the SimplePin’s services.
This includes, but is not limited to:
- Product liability claims.
- Any claim that the SimplePin Services failed to conform to any applicable legal or regulatory requirements.
- Claims arising under consumer protection or similar legislations.
- Intellectual property claims.
Please see the Contact Us section below to contact our team.
Sending You a Notice
We may also notify you through the SimplePin Services whenever you log on. It is understood and agreed that we will send you notices respecting our Consent to Receive Electronic Disclosure Policy. But remember, if you decide to opt-out from receiving notices from us, we might be forced to close your account.
Notices for SimplePin LLC.
Notices must be sent by mail to:
SimplePin LLC. Legal Department
8954 SE Bridge Road, Hobe Sound, FL, 33455
Getting in Contact by Phone
By giving SimplePin a telephone number (including your cellphone number), you are consenting to receive auto dialed and pre-recorded calls from SimplePin in case there is a need to get in contact with you.
SimplePin’s website could feature certain offers or product searches from a third party. We have nothing to do with such product’s descriptions, price, user ratings, reviews, etc. We provide this for informational purposes and do no endorse any product, service or vendor.
We really keep an eye out for our trademark, that is why we would like to clarify that SimplePin and SimplePin.com, as well as our logos, products and services are registered trademarks, this includes what is offered or shown through our website and app.
You do not have our permission to copy or imitate our intellectual property without our consent. Adding to this, everything that we create, such as page headers, graphs, icons, buttons and scripts are considered to be service marks, trade dress and/or a trademark. You do not have our permission to copy or imitate any of the prior without our written consent. We are open to sharing and do not need our written consent for our HTML logos that are provided by SimplePin through our vendors, SMS and promotional tools or programs that are affiliated to us, which are used for directing traffic to our service. You cannot alter, change or modify these HTML logos in any way, use them in a way that implies that SimplePin sponsors or endorses you or anything else.
All right, title and interest in and to the SimplePin website, app and any content produced by us is the exclusive property of SimplePin LLC. and its licensors. There may be other product or service names, brand names and company names that may be trademarks of other respective owners.
Privacy for Everyone’s Children.
We are invested in keeping children as safe as possible. That is why, we will not knowingly collect or ask for personal information from someone who is under 13, or will be allow anyone below 18 to sign up to SimplePin. If you are 13, we applaud your interest in reading these types of documents, but please do not send us any information or try to sign up to our services. No one under 13 should be allowed to give us any payment information to SimplePin. If you have sent us any information or know about someone who is using our service but is under the age of 13, please let us know so we can delete and remove this data. For more information, do not forget to CONTACT US by sending us an email.
No one likes taxes, that is why we want you to be responsible of your own, that means you need to determine what (if any) taxes will apply to the transactions you are doing. You are responsible for collecting, reporting and remitting your own taxes correctly to the appropriate tax authority. SimplePin is not going to be responsible for determining what taxes apply to which of your transactions, or will we at SimplePin collect, report or remit any taxes that could arise from your transactions.
Loss or Theft of Passwords, Account Information, PINs and Mobile Devices
Do not delay if you suspect that someone has been tempering in your account, information theft is a very serious and we need to take swift action when we believe that the SimplePin app has been compromised. If your account history shows transactions that you have not made, please CONTACT US or to support@SimplePin.com as soon as possible.
Activities We Need to Restrict
In relation to the use of our website, app, SimplePin account and SimplePin Services, or any interaction with us or a third-party user, you must agree to not:
- Provide personal information that is false, inaccurate or misleading.
- Violate any ordinance, statute, law or regulation.
- Compromise SimplePin or any third party’s copyright, patents, trademarks, trade secrets or other intellectual property rights.
- Conduct your business or use the services in a manner that would result in complaints, disputes, claims, reversals, charge backs, fees, fines, penalties and other liability to SimplePin, one of our users, a third party or you.
- Act in a manner that is defamatory, trade libelous, unlawfully threatening or harassing.
- Have a bad credit score from a credit reporting agency that could indicate a high level of risk associated with your use of our services.
- Have more than one SimplePin account for yourself, this includes but is not limited to accounts using another name, email address or phone number, or by creating a falsified persona or profile.
- Send or receive what we could suspect to be potentially fraudulent funds.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information that we ask from you.
- Disclose or distribute another SimplePin user’s Personal Information to a third party or use the information for marketing purposes unless you receive the user express consent to do so.
- Attempt to receive double the funds during a dispute by receiving funds from SimplePin and other recipients, banks or cards in the same transaction.
- Use an anonymizing proxy.
- Use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account.
- Breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with SimplePin.
- Control an account that has been previously linked any of these restricted activities.
- Control or possess more than one account without SimplePin’s express authorization.
- Send unsolicited emails to a user or use the services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.
- Take any action that would impose an unreasonable or disproportionately large load on our infrastructure.
- Allow your SimplePin account to have a negative balance; provide yourself or others a cash advance from your credit card.
- Use devices, software or routines to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services
- Use any bots, spiders, other automatic devices, or manual processes to monitor or copy our website without our prior written permission.
- Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage or interfere with, surreptitiously intercept or expropriate any system, data or information.
- Take any actions that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
- Use the SimplePin Service to test credit card behaviors.
- Use your account or the services in a manner that SimplePin, Visa, MasterCard, American Express or Discover would reasonably believe to be an abuse of the credit card system or a violation of credit card association rules.
You accept the fact that you will not use the SimplePin Services to break any law, statute, ordinance, or regulations related to the sale of:
- counterfeit goods;
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
- drug paraphernalia;
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- items that are considered obscene;
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- certain sexually oriented materials or services;
- ammunition, firearms, or certain firearm parts or accessories; or
- certain weapons or knives regulated under applicable law;
You further agree that you will not use the SimplePin Services to conduct transactions that:
- show the personal information of third parties in violation of applicable law;
- support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
- are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
- are for the sale of certain items before the seller has control or possession of the item;
- are by payment processors to collect payments on behalf of merchants;
- are associated with the sale of traveler checks or money orders;
- involve currency exchanges or check cashing businesses or digital currencies such as bitcoins;
- provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities
Violating applicable laws or industry regulations regarding the sale of:
- Drugs, narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
- Drug paraphernalia (Pipes, bongs, grinders, vaporizers, etc.)
- Certain sexually oriented materials or services (like prostitution).
- Ammunition, firearms, or certain firearm parts or accessories.
- Certain weapons or knives regulated under applicable law.
- Things that encourage, promote, facilitate or instruct others to engage in illegal activity.
- Counterfeit goods.
- Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.
- Obscene artefacts.
- Items that violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, such as knock-offs.
You also accede to not use SimplePin to conduct any transactions which:
- Disclose personal information of third parties in a way that violates their rights or the laws that protect them.
- Support pyramid or ponzi schemes, certain multi-level marketing programs, matrix programs, or other "get rich quick" schemes.
- Be related to annuity or lottery contract purchases, lay-away systems, off-shore banking or transactions that refinance debts with a credit card.
- Make sales of certain items before the seller has control or possession of such items in stock.
- Payment processors using the service to collect payments on behalf of a merchant.
- Being associated with the sale of traveler checks or money orders.
- Doing currency exchanges, check cashing businesses or trading digital currencies such as bitcoins, Ethereum or Petros.
- Provide certain credit repair or debt settlement services that involve the sale of products or services that would be identified by governmental agencies to have a high likelihood of being fraudulent.
Any other illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities. Breaking applicable laws or regulations that belong to specific industries regarding the sale of:
- Tobacco & Cannabis products.
- Prescription drugs
- Devices involve gambling and any other activity with an entry fee and a prize, including, but not limited to casino games, betting on sports and horse or greyhound races, lottery tickets, any other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from SimplePin, and the operator and customers are located exclusively in a jurisdiction where such activities are allowed by the law.
- Provide certain credit repair or debt settlement services involved in the sale of products or services that government agencies would consider highly likely to be fraudulent.
You are the only one responsible of making sure that you are using SimplePin in accordance to the applicable federal, state and local laws or regulations. By using our services, you understand and agree that:
- You are not in a country which the United States deems to be “Supporting Terrorism” or other illegal acts.
- You are not on the Canadian and U.S. list of prohibited or restricted parties.
You are the only one responsible for any reversals, charge backs, claims, fees, fines, penalties and other liability that happen through SimplePin, one of our users, or a third party caused by a breach in this Agreement, and/or the use you give SimplePin Services. You agree to reimburse SimplePin, any affected user, or a third party for any and all liabilities.
You accept that you are responsible for the exactness of every payments sent using our Services, including but not limited to the accurateness of amounts paid and the recipient. SimplePin will not be responsible or held liable due to you misuse or inaccuracy while doing payments, including but not limited to sending improper amounts of money or sending funds to the wrong recipient.
Actions That Can Be Taken by SimplePin
If we believe that you are involved in any type of restricted or illegal activities, have made unexplainable or excessive transactions, or have broken any part of this agreement or given incorrect information, we may need to take action to protect SimplePin, another user, third parties or even you from reversals, charge backs, claims, fees, fines, penalties and any other liabilities.
The actions we may need to take comprise but are not limited to the following:
- We may need to contact users who have sent you money, your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions.
- We could update inaccurate information you provided us.
- We may close, suspend, or limit access to your account or the SimplePin Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information)
- We could keep your funds on hold up to 180 days as a reasonable need to protect against the risk of any liabilities.
- We may need to take legal action against you.
- We could refuse to provide our SimplePin Services to you in the future.
SimplePin, will act at its own discretion and reserves the right to terminate this Agreement, control its access to its website and app, or access to the Service for any reason we think fit and at any time upon sending you a notice and pay you any unrestricted funds held in custody from you.
Account Closure, Termination of Service, or Limited Account Access
In the need of limiting or closing your account, or if we simply need to cancel you access and use of our services for whatever reason, you may get in contact with us to request a restoration if applicable. However, if we come to the conclusion that you have violated our agreement, it will be up to us and our discretion to allow you back onto the system. You may still use SimplePin’s services at any time or may even close your account by getting in contact with is. SimplePin has the right at its own discretion to terminate the services it is providing you, as well as this agreement for whatever reason and at any time. If we decide to do this, we will notify as soon as possible.
Violating This Agreement and The Fines You Could Get
If SimplePin receives any damages because your actions have gone against our policies, broke any laws or otherwise caused SimplePin to receive any damages or become responsible of any expenses, then we may put your funds on hold for up to 180 days. We could also fine you for each violation and take legal action against you to recover any additional losses, costs that proceed from the investigation, fines, or legal fees we may incur. You must accept that a fine of USD $2,500.00 for violating our Agreement is a reasonable minimum estimate of SimplePin’s damages. This is applied when taking into consideration all possible scenarios, this including the sum that was amounted to harm SimplePin, which could have been easily anticipated yet impractical or extremely difficult. If the amount is larger, SimplePin may deduct these fines directly from any remaining balance in the offender’s account or from any other SimplePin accounts you control.
Disputes with SimplePin
If a dispute happens between you and SimplePin, we will try to solve it as quickly as possible, this is because our goal is to learn about and address your concerns simply and professionally. Disputes between you and SimplePin regarding our products and services may be reported by email to: support@SimplePin.com.
Dispute Resolution. In the interest of resolving disputes between you and SimplePin in the most expedient and cost-effective manner, you and SimplePin agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into the Terms, you and SimplePin are each waiving the right to a trial by jury or to participate in a class action.
Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and SimplePin will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SimplePin.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). SimplePin’s address for Notice is: SimplePin, LLC., 8954 SE Bridge Road, Hobe Sound, FL, 33455. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or SimplePin may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SimplePin shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, SimplePin shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by SimplePin in settlement of the dispute prior to the arbitrator’s award.
Fees. In the event that you commence arbitration in accordance with the Terms, SimplePin will reimburse you for your payment of the filing fee, unless your claim is for greater than $5,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Palm Beach County, Florida, provided that if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse SimplePin for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
We only have two exceptions to arbitrate and the agreement:
NO CLASS ACTIONS. YOU AND SIMPLEPIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND SIMPLEPIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Our relationship is governed by the laws of Delaware, federal law, or both.
These General Terms and any Dispute will be governed by Delaware law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Failures in Completing Transfers: SimplePin’s Liabilities
SimplePin will not be liable for:
- You not having enough funds or a restriction in your balance and SimplePin is unable to complete a transfer.
- You are going through a legal process and the access to your funds are restricted.
- You used our services when you had knowledge that SimplePin was down.
- If SimplePin becomes unable to access a linked debit or credit card because your financial institution has blocked or delinked it.
- If you provided inaccurate or incomplete information to do a transfer.
- There seems to be something fraudulent, suspicious or unauthorized, and SimplePin is not able to confirm that it is actually a legitimate transfer.
- The account being used is under investigation by SimplePin.
- The transfer appears to be prohibited under Federal, Provincial or Local law.
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIMPLEPIN, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMPLEPIN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION, THE TERM SIMPLEPIN INCLUDES SIMPLEPIN’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD- PARTY SOFTWARE, USER COMMUNICATIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Content. SIMPLEPIN, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NOT ALL EMAIL MESSAGES AND MARKETING COMMUNICATIONS SENT THROUGH THE USE OF THE SERVICE WILL BE RECEIVED BY THEIR INTENDED RECIPIENTS.
Accuracy. SIMPLEPIN, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to your Computer or Mobile Device. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SIMPLEPIN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON- PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SIMPLEPIN, EVEN IF SIMPLEPIN OR A SIMPLEPIN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SIMPLEPIN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL SIMPLEPIN’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED USD $1.
Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SIMPLEPIN AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SIMPLEPIN HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SIMPLEPIN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SIMPLEPIN. SIMPLEPIN WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
We at SimplePin are not liable for any consequences that may arise due to what payments you share on Social Media or within the SimplePin Services. You agree to hold SimplePin harmless and cover our company from any liability, that may surge from you actions or inactions through Social Media, in relation to the permissions you grant to other social media platforms.
SimplePin will use best efforts to ensure that electronic debit and credit requests involving banking financial accounts, credit cards or issued cheques are processed in a prompt and timely manner. SimplePin does not make warranties or representations regarding the amount of time needed to do such processing, this is because SimplePin depends on many factors that are outside our control, for example international mail services and the Canadian banking system.
Third-Party Sites, Products and Services; Links. The Service may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). SimplePin does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Waiver. The failure of SimplePin to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by SimplePin.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SimplePin without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Some services need to use software and applications given to you by SimplePin. We and our licensors grant you a limited and nonexclusive license to be able to use SimplePin’s software in the United States. We provide you this license solely in accord with this agreement and the user documents that must have been provided. This includes all updates, new versions and replacements of our software for your personal use only.
If you wish to not comply with these implementations and requirements, you will be completely liable for all resulting damages suffered by you, SimplePin or any third parties. You accept not to adapt, alter, reproduce, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from our software. You acknowledge that all rights, title and interest to SimplePin’s software are owned by SimplePin LLC.
Your right to use our Software ceases immediately once termination of this agreement is in effect and we will ask you to delete all your copies of the Software.
Assumption of Rights
In the case that SimplePin decides to make a payment to you for a claim, reversal or chargeback that you have filed against us for a recipient of a payment, you agree that SimplePin assumes the rights against the recipient and third parties related to such payments. SimplePin may pursue those rights directly or on your behalf, depending on our discretion.
If a dispute related to payments were to arise between you and more users, SimplePin will not be held responsible for such and therefore you agree to release SimplePin (as well as our (officers, directors, agents, joint ventures and employees) from any and every claim, demands or damages of any kind and nature that could occur because of such disputes.
Modifying Our Terms
If we decide to post a revised version of this agreement on our website, the current one will lose its effect immediately, unless there are material changes that must be taken into consideration. We will provide a notice up to 21 days before such changes occur, that is if these entail you losing certain rights or gaining more responsibilities. Once you decide to use SimplePin Services, you will have agreed to the new terms of the revised agreement.
In the occurrence of a termination of this agreement or of SimplePin’s services, the terms previously accepted in this agreement will still be valid, this includes but does not limit itself to the disclaimers and limitations of liabilities.
We do not accept liability for any delays or failures in the delivery or performance of materials, or the damages suffered by you due to these reasons, caused directly or indirectly in connection with acts of God, of public enemies, riots, strikes, acts by governmental agencies, unions, labour complications, loss of power, telecommunications, delays in obtaining raw materials, breakdown or destruction of systems and equipment, or any other causes that are beyond our control, whether listed or not.
The way we use headings in this agreement are only for opportuneness and reference, and are not to be considered as provisions, interpretations or parts, or interpretations of this agreement.
You may not transfer any rights or obligations you have under this agreement without SimplePin’s written consent before. SimplePin has the right to reserve itself with transfers or the assigning of this agreement, or any other right or obligation that is stated under this agreement at any time. If we fail to act in accordance to a breach by you or by others does not mean that one can waive our right to act in regard to such breach or any subsequent ones that could occur.
All parties must agree that they are independent contractors to each other, performing their respective obligations as provided for under the terms of this document. Nowhere in this agreement or in the working relationship that has or will be established and developed shall be seen or intended to treat the parties as partners, joint ventures or in a joint association for profit.
If you have any questions doubts or concerns in relation to this agreement or your SimplePin account, or if you would wish to give us any feedback, please email us at legal@SimplePin.com or HERE: https://simplepin.com/en/contact-us
You may also write to us to:
SimplePin LLC. Legal Department
8954 SE Bridge Road, Hobe Sound, FL, 33455
Date of contract
This contract is effective upon the date you have accepted this agreement and continued to use our SimplePin Services.
Record of Merchant
8954 SE Bridge Road, Hobe Sound, FL, 33455.
SimplePin is a business-friendly software platform that allows businesses to create invoices for services or products for other businesses or individuals with an integrated credit/debit card or other market specific payment options.
Contract Cancellations and Applicable Penalties
Although we would hate to see you go, this agreement can be terminated at any time without any penalties. If you have a complaint, question or doubt, please contact us at support@SimplePin.com and we will be happy to help.
Your statements are always available to you online by logging into your SimplePin account at: SimplePin.com/company/sign-in