Terms & Conditions

SimplePin User Agreement - Canada

Valid as of November 4, 2018

We want to be as clear and simple as possible, that is why we made this User Agreement to serve as a commitment between SimplePin Inc. and you. This agreement applies to how you use our products, services and any other great feature and technology that we could be incorporating in the future. This applies cross platforms, from our website to our app and anything else that runs our SimplePin software. Our services are given only in relationship with this Agreement, as well as our Privacy Policy, which is readily available at https://simplepin.com/legal/privacy-policy and is included in this document as well.

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 Apple, Google, 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 such as Bell & Rogers, 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. 

Types of Accounts

We have two different types of accounts known as “Sender” and “Receiver”.

Sender Account:

  • Used solely to make payments.
  • Limited to only one sender account per user.
  • Used for paying bills to businesses or individuals performing a service.

Receiver Account:

  • 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.

Eligibility and Account Registration

There is a criteria you must meet if you want to use our services. We need you to be a resident of Canada or have business legally registered here, be 18 or older and use the services within our snowy northern lands. You must also own the business or at least be authorized to create an account with us. We may ask you for some additional information to open an account with us, like your name, email address, telephone/cellphone number, street address or zip code, date of birth, banking information and social security number.  All of this is explained in better detail in our Privacy Policy.

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 by accessing SimplePin services through it.  

Identity Authentication

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.

Transaction History

We are always open to giving you an account statement. It’s possible to view it through your SimplePin account.

Sending Limits:

What & How Much You Can Transfer

If the need may be, we could impose limits on how many transactions you do through SimplePin Services. You can (and should) read more about these limits in our Help Center. We can also increase your limits if we can authenticate your identity successfully. Still, these limits can change occasionally at SimplePin’s discretion.

In addition, you cannot send money straight to your own account.

Bank Transfers

When you are using your checking account as your settlement option, you are giving us the green light to start in your name an e-transfer to your bank. These types of transactions require SimplePin to do an Electronic Funds Transfer (EFT) to the bank you specify and for the amount as well. With this process, you are authorizing SimplePin to do an EFT. Once you authorize us to do so, you will not be able to cancel the EFT. We may resubmit EFT debit back to you if there are insufficient or uncollected funds. We follow the Canadian Code of Conduct and all applicable laws when it comes to this.

Pre Authorized Debit

I/We understand and agree to enter into the following PAD agreement, in order to be able to receive funding of our processed transactions via the SimplePin network.The agreement must be electronically signed, prior to any release of funds to our designated bank accounts:

We/I, authorize SimplePin Inc. and the designated Financial Institution (or any other financial institution that I may authorize at any time), to begin deductions for regular recurring payments and/or one-time payments, of varying amounts, from time to time, or as required, for payment of all charges arising under my/our SimplePin account(s). Payment(s) will be debited from my/our specified account(s).

At the moment of debit, SimplePin will provide written notice of the debited amount.

I hereby authorize SimplePin to waive the 3, 10- or 15-day pre-notification requirement for any PAD transaction.

This authority is to remain in effect until SimplePin has received written notification from me of its change or of its termination. This notification must be received at least 10 business days before the next debit is scheduled at the address provided above. I may obtain a sample cancellation form, or more information on my right to cancel a PAD agreement, at my financial institution or by visiting https://www.payments.ca. I have certain recourse rights if any debit does not comply with this agreement. To obtain more information on my recourse rights, I may contact my financial institution or visit https://www.payments.ca.

I/We understand that the electronic signature is binding and legal

Processing Debit Cards

SimplePin will use your debit card’s ATM or Visa/Mastercard networks at its own discretion to process any transactions you are involved in.

Credit Card Information

If there is a change with the information related to your credit card or if it expires, we are able to acquire the updated information from your bank or financial institution. We do not store any credit card numbers and expiry dates. When it comes to processing payments, we are using PayVision which is PCI Level 1 compliant.

Default Funding Sources

Your balance comprises the funds that you have in you SimplePin account, this means that it is what is available for doing new transactions and not any ones that are pending.

Before any transactions are made, we need to check if your SimplePin balance can cover it.

You can also fund payments with your debit and credit cards, bank account and other payment options, where we will designate them to your primary funding source.

Funding Source Limitations

To manage risk, SimplePin may put limits on your sources available for funding any transaction. For example, we could restrict funding from debit cards (or any other payment option) for certain types of transactions.

Refused and Refunded Transactions

If you are in the middle of a transaction and the receiver decides to reject the payment, we expect you to understand that we in SimplePin can not be held liable for any damage that may happen as a consequence of the blotched transaction through our services.

If the receiver does not sign up, get his/her business account functioning properly or does not accept a transfer within 30 days, we will be obliged to cancel the transaction. While this is happening, we will put a hold in your account for the value of that payment and a fee if any. Once the receiver has signed up to our services, transfers will start automatically and therefore the transaction will stop being on hold and the payment will continue as planned. If the receiver does not accept this money in 30 days, it will be deposited back into your balance or to your original funding source.
 

In order to manage risk, Company may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transaction to debit cards or any other payment option.

Fees for Sending Money

SimplePin Services has a standard 2.9% + $0.30 transaction fee, which applies to every method of doing a transaction, this includes the credit card you are using to do these payments. The receiver can choose to absorb or share these fees. Our fees may change from time to time at our discretion. We must remind you that these are our fees, and this does not exclude you from getting more fees from third party companies, for example due to insufficient funds, reversal fees and rejected payments from your bank.

Payment Investigation

In the event that we detect a potential high-risk transaction, we will put in place a payment investigation. This consists of putting the transaction on hold while we notify the recipient that the investigation is taking place. If the investigation is successful and everything is clarified, we will proceed with the payment and notify the parties involved. Otherwise, we would cancel the transaction and return the funds to the sender. You will be able to check the situation of the transaction by clicking the Transactions Tab in your SimplePin account.

Risk of Reversals, Charge backs and Claims

If the payment is invalidated, you are liable to SimplePin for the complete amount of the payment plus the applicable fees after receiving a deposit.

This applies when you lose a claim, a charge back or for payment reversals. 

If there is a dispute or claim that is filed, we at SimplePin are not the ones responsible for determining its validity, this responsibility goes to the bank that is issuing the debit or credit card used.

You agree to allow SimplePin to recollect any amounts that are due to us by taking it straight from your balance. If you do not have sufficient funds, then you accept to pay back what is owed through other alternative means. If we can not recover the funds, we will take the liberty to contact you through the means we see fit. We may also recover these funds from another funding source, or in a last recourse, take legal actions to collect the owed amount.

Balances

Having a minimum balance is not a requirement for us in order to make payments, but in the cases where you do have money in your balance, SimplePin will always hold your funds separate from ours and will not use them for any corporate purposes. We will not make your funds available to creditors in the case of bankruptcy voluntarily. While we have your funds in our system, we will pool them with the funds of other users and keep them prudently in SimplePin financial accounts.

SimplePin is not a bank or company related to any chartered depository institutions. The funds we or other banking providers keep, are in connection with processing transactions that are not deposit obligations, and do not count with the user insurance that is granted by the Canada Deposit Insurance Corporation, or similar governmental agencies. Funds that are held are used for an ancillary function to enable bill payment collecting exclusively.   
 

Assignment of Interest to Company

We do not usually get interest on the funds that our users give us, but to clarify that you must agree to not receive any interest that could be obtained through SimplePin’s use of its pooled Financial Accounts. This only applies to the interest earned with your funds and not with the rights of ownership of your main funds held with us.

Negative Balances

Let’s say that your account has a negative balance. SimplePin will begin to fix this by deducting certain amounts you owe from the money that you are receiving into your account, money you intend to withdraw or send as well.

You consent to SimplePin recovering any amount owed by withdrawing from your balance and agree to reimburse SimplePin through other means if you have insufficient funds in your balance. If SimplePin is unable to recover the funds, we may need to take any legal action that is applicable by law.

Security Interest

We want to secure a smooth and secure performance with this agreement, therefore you herby grant us a security interest in your account. You also accept to grant us any documentation that we deem necessary to perfect these rights.

Past Due Amounts Set Offs

If you have a negative balance or other past due amount to Company, Company may make attempts on your funding source to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.

Transferring Funds out of SimplePin 

What are the Options?

  1. Check
  2. Verified bank accounts using an Electronic Funds Transfer option. 

Transfer Limits

We have the authority to limit the amounts allowed to transfer out of the SimplePin system at our own discretion at any time. 

iTransaction Reviews

SimplePin is constantly reviewing your account and transaction activity, this includes every step during any given transaction. We do this to detect any suspicious or illegal activities. This goes for everyone using our services, even if you are complying with this agreement.

Reviews may cause:

  • Account suspension or termination;
  • Cancelled, blocked or delayed transfers;
  • Funds being applied to a negative SimplePin account balance or used to offset loss incurred by SimplePin;
  • Funds being held by SimplePin.
  • Funds being seized to comply with a court order, warrant or other legal process.
  • Funds you previously received but being reversed.

The last are just a few of the main reasons why we do these reviews, we may also take a proactive approach if you conscious or unconsciously receive payments that were made with stolen cards, co-opted bank or SimplePin accounts, or if you are doing something illegal under applicable laws.

If you are found to be in this situation, we may require you to grant us more information or documentation to check your identity. While this is happening, we could limit your funds until this process is complete.

Fees

SimplePin does charge a $0.25 CAD for transfers out of SimplePin using the standard transfer option (i.e., transfers using your bank account). A cheque payment is $5.00 CAD. Please see HERE for more information on fees. Fees may change from time to time at our discretion.

Closing Your Account

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.

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.

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”.

Releasing the Items on Hold

SimplePin will issue a payment release after a hold period of 21 days. There are exceptions though, for example we may need to restrain your funds even longer if there is a dispute, chargeback or the transaction is reversed. This is not set in stone, and we will release the hold if the sender provides us with the necessary information to confirm the delivery, otherwise we will be forced to open and conclude an investigation.

Account on Hold & Reserves

Businesses that manage transactions in high volumes, may require us to place reserves on your funds when there is an indication of a high level risk related to this business account. If a reserve is applied, We at SimplePin will notify you with a notice that specifies the reasons why we have decided to apply this measure. This means that we could place a hold for a percentage of the balance for a unspecified (but not exceeding the 180 day limit) period of time.   We could change these terms at anytime, providing you with a notice of the reviewed terms.

Additional hold periods

In the case that you receive a dispute, claim, chargeback or transaction reversal related to the transaction on hold, SimplePin may put the payment on hold to clear all matters related to this agreement before releasing it to your balance.

Termination

If this agreement is terminated for whatever motive, 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, SimplePin Card (If you have it), and limit or bluntly prohibit your or your company/affiliates/subsidiaries access to our Services.

Personal Accounts

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. 

Account Errors

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.

Business Accounts

Rules and Restrictions

The ensuing Rules and Restrictions for Business Accounts under this agreement will be applied as followed:

Receiving Money

We do not enforce any pre-set limits regarding how much funds you have in your account or how much you may receive, unless we sense some risky transactions happening with your account. We do have limits on how much you can send at any given time, as well as how much you can withdraw. You can get more info on this in our Help Center. Remember that we can change these limits at our own discretion and those limits may be different across our gamma of products.

Errors While Receiving Money

If there is an error or mistake, you may let us know and give us permission to fix the problem in all accordance with Canadian law. We can make the corrections needed by debiting or crediting your balance, or if the case may be, we could deposit straight to your source of funding if applicable.

Credit Authorization

Business accounts require written instructions and authorization to obtain a credit report, as expressed by the Fair Credit Reporting act. You are also allowing us to retrieve your credit reports whenever we have a reasonable belief that there is an increase in risk surrounding your account.

Representations

If you are a business entity, you represent that you are duly authorized to do business in Canada; 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

Funding an Authorized Business Bill Payment

We will make Authorized Merchant Bill Payments when you have an insufficient balance to cover a whole payment. If you find yourself in this case, we will automatically use your selected backup payment method to complete the transaction. We can not split Merchant Bill Payments between your SimplePin and backup payment method.

You are allowed to not have a default backup payment method, but this may end up being a headache for you. In the case that you do not have enough funds, and no backup payment method, then we will need to decline your transaction. 

You can always change your backup payment method in the “Banks and Cards” section in your SimplePin account setting.

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.

Unauthorized Activity

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.

MOBILE APPLICATIONS

Operating Systems, Phone Manufacturers and Wireless Carriers

Our mobile app works because it is linked to selected operating systems and devices, this includes Apple’s iOS and Google’s Android operating system. 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.

If you are using the SimplePin’s services on an Apple device, you understand and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which have our Services.

GENERAL TERMS AND CONDITIONS

Sending You a Notice

You must agree that SimplePin will provide any notice to you through out website, this includes (but is not limited to) our User Agreement, Policy Updates, Licenses, Privacy Policy and Security Statement documents. We may also send you an email or post to the mailing address you gave us before.  We will consider that you have received any notice after 24 hours of it being sent to your email or our website. If we post you a notice by mail, we will take 3 business days into consideration (Excluding bank holidays) before considering it as received.

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 Inc.

Notices must be sent by mail to: 
SimplePin Inc. Legal Department 
245-4999 Rue St-Catherine W, West mount, 
QC, H3Z 1T3 Canada

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 message calls from SimplePin at in case there is a need to get in contact with you. However, we cross our heart’s to never call you for promotional purposes.

SimplePin.com

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.

Intellectual Property

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 can not 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 Inc. 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

Your privacy is fundamental to us. We invite you to check out our Privacy Policy to better understand how committed we are in keeping your privacy and information safe and secure. If you sign up and begin to use our services, you must promise to keep confidential any information that may belong to another SimplePin user. You may not disclose or even distribute SimplePin’s user information to any third parties or use this information for marketing purposes. You may always wave this with the user’s express written consent.

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.

Taxes

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 wait too much if you suspect that someone has been tempering in your account, information theft is a very huge deal and we need to take swift action when we believe that the SimplePin app has ben hacked. If your account history shows transactions that you have not made, please CONTACT US or to support@SimplePin.com as soon as possible.

Resolution Procedures for Unauthorized Transactions and Other Errors

Protection for Unauthorized Transactions and Other Errors

If you notice an unauthorized transaction or other error occurring in your account, including transactions that have occurred after losing a SimplePin enabled device, we at SimplePin will cover the complete amount that was involved in the unauthorized transaction. We do have a procedure for this that you must follow.
An unauthorized transaction is a mistake or error that happens when funds are sent without your consent, authorization and do not present any benefits to you. A hypothetical case would be password theft, where someone steals your password and uses it to access your account and make a transaction, this would constitute an Unauthorized Transaction.

However, if it is you the one who shares your login information and a transaction is done without your knowledge or permission, you are still responsible for the resulting transaction (Don’t share your passwords!).

On the other side, Errors may occur when money is credited or debited incorrectly from your account, or when transactions are not recorded properly.  Other errors that are covered by SimplePin are limited to the following:

  • You send a payment and we debit an incorrect amount from your account.
  • We credit an incorrect amount to your account.
  • A transaction is missing from or not properly identified in your account statement.
  • There is a computational or mathematical error by SimplePin. 

The inquiries we do surrounding you balance or the status of a pending transfer in or out of your account is not considered an Unauthorized Transaction or an Error, unless you successfully notify us and prove that it was an Unauthorized Transaction or error related to the transfer. Requests for tax information for record keeping purposes or requests for document duplicates are not considered Unauthorized Transactions or any type of Error. You are allowed to ask for documents and information related to your account or transactions, this with the finality of determining if there has been any Unauthorized transactions, error or mistakes. You can always CONTACT US for more information regarding this.

Notification Requirements

You should immediately notify SimplePin if you believe:

  • There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of another error.
  • There is an error in your transaction history or your transaction confirmation sent to you by email.
  • Your password has been compromised.
  • The phone you had SimplePin on has been lost, stolen or deactivated
  • You need more information about a transaction listed in your transaction history or transaction confirmation email.

If you want to be eligible to receive our Unauthorized Transaction protection at its fullest, you must let us know about the situation within 60 days after the transaction or mistake was committed, this shows in your account statement. If you wait longer than 60 days after the account statement was issued to you, then you will lose your chance of getting any money back if there is proof that we could have stopped the person from taking any money if you had told us with time. We are flexible though and understand that long trips or hospital stays may keep you from contacting us, when this happens we evaluate giving you an extension to sort things out.

We recommend you to regularly check your account and transaction history to make sure there are never any unauthorized transactions or other types of errors. SimplePin will also send you an email to the address on file in order to inform you on each transaction made from your account. Make sure to check out these emails and not ignore them, they are very important to ensure that each transaction has been authorized and accurate.

If you spot an unauthorized transaction, error or mistake in your account, please notify us through:

  • Write to us through the website under the Contact Us tab.
  • Email us at support@SimplePin.com.
  • Post us to: SimplePin Inc. Error Resolution Department , 245-4999 Rue St-Catherine W, West mount,QC, H3Z 1T3 Canada
  • Call our SimplePin Customer Service at  1 800 727-4136

When you contact us, please provide us with all of the following information:

  • Your name, email address and phone number registered in your account.
  • A description of any suspected Unauthorized Transaction or other errors, and an explanation of why you believe it is incorrect or why you need more information to identify the transaction.
  • The dollar amount of any suspected Unauthorized Transaction or other error.

If you notify us orally (by phone), we may require that you send us written confirmation within 10 Business Days. During our investigation, we may need additional information from you.

Company Actions After Receiving Notifications of You

Once we receive your notification of an Unauthorized Transaction or error, or if we learn of one that has happened, we will do as following:

  • We will open and conduct an investigation that will determine whether there has been an Unauthorized Transaction or other error that is eligible for our protection.
  • We will try to complete our investigation within the 10 Business Days following your report. 
  • New accounts, which means the ones that have had their first transaction in less than 30 business days, will take up to 20 Business Days to finish this investigation. We could take up to 45-90 days to complete our investigation depending on the nature of the account. 
  • We will provisionally credit your account for the amount of the suspected Unauthorized Transaction.
  • You will receive the provisional credit within 10 Business Days of the date we received your notice or 20 Business Days for new Accounts. This will give you the chance to have use of the funds until the investigation is conclusive. We will send you a notification concerning the provisional credit within 2 business days of crediting. If we ask you to provide us with a written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not give you a provisional credit.
  • We will inform of the decision made within 3 business days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 business day of our determination.
  • If you have already received a provisional credit, you will be allowed to retain the amount given. If we decide that there was not an Unauthorized Transaction or other type of error, we will include an explanation of our decision in our email or other communications to you (post, phone, etc.). 
  • If you received a provisional credit after giving you a 5 business days notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We are committed to fixing any processing error that we happen to discover. If an error ends up resulting in you receiving less than what should be the correct amount you are entitled to, the SimplePin will credit your account with the calculated difference. 

If you end up receiving more than what should be sent to your balance, SimplePin will debit the extra funds, leaving the correct amount. We are liable for any losses or damages that could arise due to a failure from our part, unless:

  • You did not have enough available funds to complete the transaction and it is not because of a mistake done from our part.
  • Our system was not working properly but you knowingly proceeded with the transaction. 
  • Circumstances beyond our control such as fire, flood or loss of Internet connection prevented the transaction, despite taking reasonable precautions.

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.

Acceptable Use

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.

Legal Compliance

Your Liability - Actions We May Take

You are the only one responsible of making sure that you are using SimplePin in accordance to the applicable federal, provincial and local laws or regulations. By using our services, you understand and accept that:

  • You are not in a country which Canada deems to be “Supporting Terrorism” or other illegal acts.
  • You are not on the Canadian and U.S. list of prohibited or restricted parties.

Your Liability

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 there may be the moment where we may 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 CAD $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

Law and Forums for Disputes: Arbitration

This user agreement is intended to be governed by the laws of Canada, without taking into regard conflict of law provisions, except to the extent that federal law is being applied.

Every claim that arises out of or connected to this user agreement must be stated individually in a binding arbitration, which must be conducted by one single arbitrator with online consumer payment service disputes, this arbitrator must be recognized by the Canadian Arbitration Association (CAA) in regard with the rules that govern commercial arbitrations and the CAA’s supplementary procedures for consumer related disputes.

The place where the arbitration shall be conducted must be the city closest to your residence where there is a federal or provincial courthouse. It is not accepted that the arbitrator conducts any forms of class or collective arbitrations, neither be part of or consolidate claims done by or for individuals. 

To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes related to the enforceability, interpretation, applicability or formation of this User Agreement, this includes but is not limited to, any claims that all or any part of this User Agreement is void or voidable. 

A conclusion regarding the award given by the arbitrator may be used in any court with the competent jurisdiction. We stress that they must not be frivolous claims, if this is the case, then SimplePin will pay the costs concerning the arbitration up to $3,000. but do not think that we will cover your attorney fees, that is up to you.

This user agreement and each of its parts are evidence of a transaction involving interprovincial commerce, and the Canadian Arbitration Act will be applied in all cases that are related to the governing the interpretation and enforcement of the rules related to arbitration and its processes.

We only have two exceptions to arbitrate and the agreement:

  1. If we believe without reasonable doubt that you have in any way broken or threatened to break our intellectual property rights, we may seek injunctive or other appropriate relief in any court that has the competent jurisdiction. 
  2. Any claim of $500 or less may, should be resolved in a small claims court in Montreal, Quebec.  If the claim and the parties are within the jurisdiction of the small claims court. 

Only for these two exceptions do you agree to submit to the personal jurisdiction of courts located in Montreal, Quebec with purpose of litigating such claims or disputes.

Right to a Jury & Class Action Waivers

To the extent of what is allowed by law, you must agree to conclusively waive any rights you may have to take us or third parties that we collaborate with, to trial by jury or other court trial that is not a small claims court. Neither should you serve as a representative, private attorney general or to participate as a member of a class of claimants.

Failures in Completing Transfers: SimplePin’s Liabilities

Mistakes and errors in a transfer of funds can be a headache. When a transfer is incomplete operation, late or in the wrong amount, we at SimplePin will be liable for your losses or the damage a situation like these could create.

All this under the applicable Federal, Provincial or Local laws, 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.

Warranty Disclaimer: Damage Exclusions

Unless that law states the contrary, you must assume all responsibility and risks for using SimplePin and its services. This covers the all the permissible extensions under the law, this includes warranties, representations, guarantees and conditions that are disclaimed, including but not limited to any warranties of merchantability, non-infringement of intellectual property. Fitness, title, and/or other terms implied by statute, equity or in common law.

SimplePin can not warrant that our services will go uninterrupted or be free from errors, these defects will be corrected continuously and promptly, and that the services and/or servers that process all the information related to the services are free of viruses, bugs and other harmful components that may affect you, us or third parties.  

SimplePin makes the following disclaimer that is directed to our covered third parties and all of our affiliates, agents, suppliers and vendors:

SimplePin Services are provided “as is”, “with all faults” and a “when available” basis, without the use of conditions, guarantees, representations or warranties of any kind, these could be statutory, expressed or implied, including but not limiting to warranties for the use or operations of our services, the information, content or any other materials that are related to what we offer, whether it is given by SimplePin, a third party or the ones covered by us.

Neither will SimplePin, any third party, including the ones covered here, warrant nor shall they make any representations regarding the use the results of our services in terms of accuracy, timeliness, correctness and otherwise. You will assume the entire cost of any necessary maintenance, correction or repair to the equipment you use to access the services, this includes but is not limited to your personal computer, mobile phone, tablet, etc.

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, any covered and uncovered third parties or any of the respective affiliates, agents, vendors or suppliers may not be held liable for any of the foregoing, damages of any kind that come from the use of our services, such as indirect, special, punitive, incidental, exemplary or consequential damages that may occur due to the use of the service or lack of it, the loss of data, profits or business operations from the way the services are being used. This also includes any delays in the service, as well as the inability to use in totality or partially, whether this is based or not by contract, tort, negligence, strict liability or other. In addition, we or the other parties mentioned are not liable for such damages based on advice of the possibility of damages, or the remedies applied being successful or not.

SimplePin does not have control over the products and services that a paid for using our services, that is why

SimplePin cannot guarantee that any of the parties you are dealing with will actually go through with the transaction, or are we authorized to do so. 
SimplePin will do all in its power 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.

Some provinces or other jurisdictions might not permit a disclaimer of implied warranties, or the exclusion of particular damage. Therefore, the disclaimer above and its exclusions may not be applicable to you. You may also have additional rights that could vary between provinces and jurisdictions.

Limitations on Liability

Except as otherwise expressed previously in this agreement, and to full extent of applicable laws, SimplePin’s increased liability to you is related to any claims or damages that may occur in relationship to your use of SimplePin Services. This should not exceed or be greater than the fee you paid SimplePin for the use of its services or for $1.00 CAD.

Limitations on liability apply to:

  • Claims related to the breach of contracts, warranties, guarantees or conditions, strict liability, negligence, or other tort to the extent permitted by applicable law.
  • Any application or content that is made available through such services.

These liability limitations are also applicable if there needs to be a repair, replacement or refund, where we will not compensate you for any losses. SimplePin and any third parties covered or uncovered in this agreement knows or should have known about the probability of damages. These liability limitations are applicable to its maximum extent allowed by law, even if a solution fails its essential purpose. Some jurisdictions do not allow limitations on liability, foregoing limitations that may not be applicable to you. You still have other rights that vary between provinces and jurisdictions.

Granting Licenses

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 Canada. 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 the software is downloaded to a mobile device, the license will expand to the use you give the software and the device you are using it on, as long as you are allowed by your device’s usage rules, for example the Apple App Store Terms of Use. You are not allowed to rent, lease or transfer your rights regarding the software to third parties. You must always comply with our implementation and the requirements we ask for using the software contained in this agreement, or any documentation we provide to you.

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 Inc.

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.

Indemnification

It is important for us that you agree to hold harmless, defend and indemnify SimplePin and SimplePin Inc; affiliates, directors, officers and employees of any claim or demand done or incurred by a third party due to your breach in this agreement or unproperly using of SimplePin Services.

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.

Company Release

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.

Survival

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.

Casus Fortuitus

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.

Miscellaneous

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.

This document, as well as any other, like our Privacy Policy, are referenced and linked to this Agreement. These are incorporated and made part of this agreement through this reference, containing your and our entire contract regarding SimplePin Services. If by any chance a provision in this agreement is thought to be illegal or unenforceable, such provision will be set aside or enforced to the maximum extent possible. Any other illegality or non-enforceable clauses will not affect the entire validity of this document. Any legal action that may arise due to your use of the SimplePin Services must be brought to our attention within one year after the cause of action has arisen.

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.

Independent Contractors

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. 

Contacting Us

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+useragreement@SimplePin.com or CLICK HERE. 

You may also write to us to: 

SimplePin Inc. Legal Department 
245-4999 Rue St-Catherine W, West mount, 
QC, H3Z 1T3 Canada

Information Summary Box

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

245-4999 Rue St-Catherine W. Westmount, QC, H3Z 1T3, Canada.

Service Description

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.

Code of Conduct

You can access the Code of Conduct through this link:
http://www.fcac-acfc.gc.ca/Eng/forIndustry/publications/lawsReg/Pages/CodeofCo-Codedeco.aspx

Statements

Your statements are always available to you online by logging into your SimplePin account at: SimplePin.com/company/sign-in

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SimplePin User Agreement - Canada

Valid as of November 4, 2018

We want to be as clear and simple as possible, that is why we made this User Agreement to serve as a commitment between SimplePin Inc. and you. This agreement applies to how you use our products, services and any other great feature and technology that we could be incorporating in the future. This applies cross platforms, from our website to our app and anything else that runs our SimplePin software. Our services are given only in relationship with this Agreement, as well as our Privacy Policy, which is readily available at https://simplepin.com/legal/privacy-policy and is included in this document as well.

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 Apple, Google, 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 such as Bell & Rogers, 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. 

Types of Accounts

We have two different types of accounts known as “Sender” and “Receiver”.

Sender Account:

  • Used solely to make payments.
  • Limited to only one sender account per user.
  • Used for paying bills to businesses or individuals performing a service.

Receiver Account:

  • 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.

Eligibility and Account Registration

There is a criteria you must meet if you want to use our services. We need you to be a resident of Canada or have business legally registered here, be 18 or older and use the services within our snowy northern lands. You must also own the business or at least be authorized to create an account with us. We may ask you for some additional information to open an account with us, like your name, email address, telephone/cellphone number, street address or zip code, date of birth, banking information and social security number.  All of this is explained in better detail in our Privacy Policy.

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 by accessing SimplePin services through it.  

Identity Authentication

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.

Transaction History

We are always open to giving you an account statement. It’s possible to view it through your SimplePin account.

Sending Limits:

What & How Much You Can Transfer

If the need may be, we could impose limits on how many transactions you do through SimplePin Services. You can (and should) read more about these limits in our Help Center. We can also increase your limits if we can authenticate your identity successfully. Still, these limits can change occasionally at SimplePin’s discretion.

In addition, you cannot send money straight to your own account.

Bank Transfers

When you are using your checking account as your settlement option, you are giving us the green light to start in your name an e-transfer to your bank. These types of transactions require SimplePin to do an Electronic Funds Transfer (EFT) to the bank you specify and for the amount as well. With this process, you are authorizing SimplePin to do an EFT. Once you authorize us to do so, you will not be able to cancel the EFT. We may resubmit EFT debit back to you if there are insufficient or uncollected funds. We follow the Canadian Code of Conduct and all applicable laws when it comes to this.

Pre Authorized Debit

I/We understand and agree to enter into the following PAD agreement, in order to be able to receive funding of our processed transactions via the SimplePin network.The agreement must be electronically signed, prior to any release of funds to our designated bank accounts:

We/I, authorize SimplePin Inc. and the designated Financial Institution (or any other financial institution that I may authorize at any time), to begin deductions for regular recurring payments and/or one-time payments, of varying amounts, from time to time, or as required, for payment of all charges arising under my/our SimplePin account(s). Payment(s) will be debited from my/our specified account(s).

At the moment of debit, SimplePin will provide written notice of the debited amount.

I hereby authorize SimplePin to waive the 3, 10- or 15-day pre-notification requirement for any PAD transaction.

This authority is to remain in effect until SimplePin has received written notification from me of its change or of its termination. This notification must be received at least 10 business days before the next debit is scheduled at the address provided above. I may obtain a sample cancellation form, or more information on my right to cancel a PAD agreement, at my financial institution or by visiting https://www.payments.ca. I have certain recourse rights if any debit does not comply with this agreement. To obtain more information on my recourse rights, I may contact my financial institution or visit https://www.payments.ca.

I/We understand that the electronic signature is binding and legal

Processing Debit Cards

SimplePin will use your debit card’s ATM or Visa/Mastercard networks at its own discretion to process any transactions you are involved in.

Credit Card Information

If there is a change with the information related to your credit card or if it expires, we are able to acquire the updated information from your bank or financial institution. We do not store any credit card numbers and expiry dates. When it comes to processing payments, we are using PayVision which is PCI Level 1 compliant.

Default Funding Sources

Your balance comprises the funds that you have in you SimplePin account, this means that it is what is available for doing new transactions and not any ones that are pending.

Before any transactions are made, we need to check if your SimplePin balance can cover it.

You can also fund payments with your debit and credit cards, bank account and other payment options, where we will designate them to your primary funding source.

Funding Source Limitations

To manage risk, SimplePin may put limits on your sources available for funding any transaction. For example, we could restrict funding from debit cards (or any other payment option) for certain types of transactions.

Refused and Refunded Transactions

If you are in the middle of a transaction and the receiver decides to reject the payment, we expect you to understand that we in SimplePin can not be held liable for any damage that may happen as a consequence of the blotched transaction through our services.

If the receiver does not sign up, get his/her business account functioning properly or does not accept a transfer within 30 days, we will be obliged to cancel the transaction. While this is happening, we will put a hold in your account for the value of that payment and a fee if any. Once the receiver has signed up to our services, transfers will start automatically and therefore the transaction will stop being on hold and the payment will continue as planned. If the receiver does not accept this money in 30 days, it will be deposited back into your balance or to your original funding source.
 

In order to manage risk, Company may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transaction to debit cards or any other payment option.

Fees for Sending Money

SimplePin Services has a standard 2.9% + $0.30 transaction fee, which applies to every method of doing a transaction, this includes the credit card you are using to do these payments. The receiver can choose to absorb or share these fees. Our fees may change from time to time at our discretion. We must remind you that these are our fees, and this does not exclude you from getting more fees from third party companies, for example due to insufficient funds, reversal fees and rejected payments from your bank.

Payment Investigation

In the event that we detect a potential high-risk transaction, we will put in place a payment investigation. This consists of putting the transaction on hold while we notify the recipient that the investigation is taking place. If the investigation is successful and everything is clarified, we will proceed with the payment and notify the parties involved. Otherwise, we would cancel the transaction and return the funds to the sender. You will be able to check the situation of the transaction by clicking the Transactions Tab in your SimplePin account.

Risk of Reversals, Charge backs and Claims

If the payment is invalidated, you are liable to SimplePin for the complete amount of the payment plus the applicable fees after receiving a deposit.

This applies when you lose a claim, a charge back or for payment reversals. 

If there is a dispute or claim that is filed, we at SimplePin are not the ones responsible for determining its validity, this responsibility goes to the bank that is issuing the debit or credit card used.

You agree to allow SimplePin to recollect any amounts that are due to us by taking it straight from your balance. If you do not have sufficient funds, then you accept to pay back what is owed through other alternative means. If we can not recover the funds, we will take the liberty to contact you through the means we see fit. We may also recover these funds from another funding source, or in a last recourse, take legal actions to collect the owed amount.

Balances

Having a minimum balance is not a requirement for us in order to make payments, but in the cases where you do have money in your balance, SimplePin will always hold your funds separate from ours and will not use them for any corporate purposes. We will not make your funds available to creditors in the case of bankruptcy voluntarily. While we have your funds in our system, we will pool them with the funds of other users and keep them prudently in SimplePin financial accounts.

SimplePin is not a bank or company related to any chartered depository institutions. The funds we or other banking providers keep, are in connection with processing transactions that are not deposit obligations, and do not count with the user insurance that is granted by the Canada Deposit Insurance Corporation, or similar governmental agencies. Funds that are held are used for an ancillary function to enable bill payment collecting exclusively.   
 

Assignment of Interest to Company

We do not usually get interest on the funds that our users give us, but to clarify that you must agree to not receive any interest that could be obtained through SimplePin’s use of its pooled Financial Accounts. This only applies to the interest earned with your funds and not with the rights of ownership of your main funds held with us.

Negative Balances

Let’s say that your account has a negative balance. SimplePin will begin to fix this by deducting certain amounts you owe from the money that you are receiving into your account, money you intend to withdraw or send as well.

You consent to SimplePin recovering any amount owed by withdrawing from your balance and agree to reimburse SimplePin through other means if you have insufficient funds in your balance. If SimplePin is unable to recover the funds, we may need to take any legal action that is applicable by law.

Security Interest

We want to secure a smooth and secure performance with this agreement, therefore you herby grant us a security interest in your account. You also accept to grant us any documentation that we deem necessary to perfect these rights.

Past Due Amounts Set Offs

If you have a negative balance or other past due amount to Company, Company may make attempts on your funding source to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.

Transferring Funds out of SimplePin 

What are the Options?

  1. Check
  2. Verified bank accounts using an Electronic Funds Transfer option. 

Transfer Limits

We have the authority to limit the amounts allowed to transfer out of the SimplePin system at our own discretion at any time. 

iTransaction Reviews

SimplePin is constantly reviewing your account and transaction activity, this includes every step during any given transaction. We do this to detect any suspicious or illegal activities. This goes for everyone using our services, even if you are complying with this agreement.

Reviews may cause:

  • Account suspension or termination;
  • Cancelled, blocked or delayed transfers;
  • Funds being applied to a negative SimplePin account balance or used to offset loss incurred by SimplePin;
  • Funds being held by SimplePin.
  • Funds being seized to comply with a court order, warrant or other legal process.
  • Funds you previously received but being reversed.

The last are just a few of the main reasons why we do these reviews, we may also take a proactive approach if you conscious or unconsciously receive payments that were made with stolen cards, co-opted bank or SimplePin accounts, or if you are doing something illegal under applicable laws.

If you are found to be in this situation, we may require you to grant us more information or documentation to check your identity. While this is happening, we could limit your funds until this process is complete.

Fees

SimplePin does charge a $0.25 CAD for transfers out of SimplePin using the standard transfer option (i.e., transfers using your bank account). A cheque payment is $5.00 CAD. Please see HERE for more information on fees. Fees may change from time to time at our discretion.

Closing Your Account

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.

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.

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”.

Releasing the Items on Hold

SimplePin will issue a payment release after a hold period of 21 days. There are exceptions though, for example we may need to restrain your funds even longer if there is a dispute, chargeback or the transaction is reversed. This is not set in stone, and we will release the hold if the sender provides us with the necessary information to confirm the delivery, otherwise we will be forced to open and conclude an investigation.

Account on Hold & Reserves

Businesses that manage transactions in high volumes, may require us to place reserves on your funds when there is an indication of a high level risk related to this business account. If a reserve is applied, We at SimplePin will notify you with a notice that specifies the reasons why we have decided to apply this measure. This means that we could place a hold for a percentage of the balance for a unspecified (but not exceeding the 180 day limit) period of time.   We could change these terms at anytime, providing you with a notice of the reviewed terms.

Additional hold periods

In the case that you receive a dispute, claim, chargeback or transaction reversal related to the transaction on hold, SimplePin may put the payment on hold to clear all matters related to this agreement before releasing it to your balance.

Termination

If this agreement is terminated for whatever motive, 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, SimplePin Card (If you have it), and limit or bluntly prohibit your or your company/affiliates/subsidiaries access to our Services.

Personal Accounts

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. 

Account Errors

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.

Business Accounts

Rules and Restrictions

The ensuing Rules and Restrictions for Business Accounts under this agreement will be applied as followed:

Receiving Money

We do not enforce any pre-set limits regarding how much funds you have in your account or how much you may receive, unless we sense some risky transactions happening with your account. We do have limits on how much you can send at any given time, as well as how much you can withdraw. You can get more info on this in our Help Center. Remember that we can change these limits at our own discretion and those limits may be different across our gamma of products.

Errors While Receiving Money

If there is an error or mistake, you may let us know and give us permission to fix the problem in all accordance with Canadian law. We can make the corrections needed by debiting or crediting your balance, or if the case may be, we could deposit straight to your source of funding if applicable.

Credit Authorization

Business accounts require written instructions and authorization to obtain a credit report, as expressed by the Fair Credit Reporting act. You are also allowing us to retrieve your credit reports whenever we have a reasonable belief that there is an increase in risk surrounding your account.

Representations

If you are a business entity, you represent that you are duly authorized to do business in Canada; 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

Funding an Authorized Business Bill Payment

We will make Authorized Merchant Bill Payments when you have an insufficient balance to cover a whole payment. If you find yourself in this case, we will automatically use your selected backup payment method to complete the transaction. We can not split Merchant Bill Payments between your SimplePin and backup payment method.

You are allowed to not have a default backup payment method, but this may end up being a headache for you. In the case that you do not have enough funds, and no backup payment method, then we will need to decline your transaction. 

You can always change your backup payment method in the “Banks and Cards” section in your SimplePin account setting.

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.

Unauthorized Activity

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.

MOBILE APPLICATIONS

Operating Systems, Phone Manufacturers and Wireless Carriers

Our mobile app works because it is linked to selected operating systems and devices, this includes Apple’s iOS and Google’s Android operating system. 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.

If you are using the SimplePin’s services on an Apple device, you understand and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which have our Services.

GENERAL TERMS AND CONDITIONS

Sending You a Notice

You must agree that SimplePin will provide any notice to you through out website, this includes (but is not limited to) our User Agreement, Policy Updates, Licenses, Privacy Policy and Security Statement documents. We may also send you an email or post to the mailing address you gave us before.  We will consider that you have received any notice after 24 hours of it being sent to your email or our website. If we post you a notice by mail, we will take 3 business days into consideration (Excluding bank holidays) before considering it as received.

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 Inc.

Notices must be sent by mail to: 
SimplePin Inc. Legal Department 
245-4999 Rue St-Catherine W, West mount, 
QC, H3Z 1T3 Canada

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 message calls from SimplePin at in case there is a need to get in contact with you. However, we cross our heart’s to never call you for promotional purposes.

SimplePin.com

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.

Intellectual Property

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 can not 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 Inc. 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

Your privacy is fundamental to us. We invite you to check out our Privacy Policy to better understand how committed we are in keeping your privacy and information safe and secure. If you sign up and begin to use our services, you must promise to keep confidential any information that may belong to another SimplePin user. You may not disclose or even distribute SimplePin’s user information to any third parties or use this information for marketing purposes. You may always wave this with the user’s express written consent.

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.

Taxes

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 wait too much if you suspect that someone has been tempering in your account, information theft is a very huge deal and we need to take swift action when we believe that the SimplePin app has ben hacked. If your account history shows transactions that you have not made, please CONTACT US or to support@SimplePin.com as soon as possible.

Resolution Procedures for Unauthorized Transactions and Other Errors

Protection for Unauthorized Transactions and Other Errors

If you notice an unauthorized transaction or other error occurring in your account, including transactions that have occurred after losing a SimplePin enabled device, we at SimplePin will cover the complete amount that was involved in the unauthorized transaction. We do have a procedure for this that you must follow.
An unauthorized transaction is a mistake or error that happens when funds are sent without your consent, authorization and do not present any benefits to you. A hypothetical case would be password theft, where someone steals your password and uses it to access your account and make a transaction, this would constitute an Unauthorized Transaction.

However, if it is you the one who shares your login information and a transaction is done without your knowledge or permission, you are still responsible for the resulting transaction (Don’t share your passwords!).

On the other side, Errors may occur when money is credited or debited incorrectly from your account, or when transactions are not recorded properly.  Other errors that are covered by SimplePin are limited to the following:

  • You send a payment and we debit an incorrect amount from your account.
  • We credit an incorrect amount to your account.
  • A transaction is missing from or not properly identified in your account statement.
  • There is a computational or mathematical error by SimplePin. 

The inquiries we do surrounding you balance or the status of a pending transfer in or out of your account is not considered an Unauthorized Transaction or an Error, unless you successfully notify us and prove that it was an Unauthorized Transaction or error related to the transfer. Requests for tax information for record keeping purposes or requests for document duplicates are not considered Unauthorized Transactions or any type of Error. You are allowed to ask for documents and information related to your account or transactions, this with the finality of determining if there has been any Unauthorized transactions, error or mistakes. You can always CONTACT US for more information regarding this.

Notification Requirements

You should immediately notify SimplePin if you believe:

  • There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of another error.
  • There is an error in your transaction history or your transaction confirmation sent to you by email.
  • Your password has been compromised.
  • The phone you had SimplePin on has been lost, stolen or deactivated
  • You need more information about a transaction listed in your transaction history or transaction confirmation email.

If you want to be eligible to receive our Unauthorized Transaction protection at its fullest, you must let us know about the situation within 60 days after the transaction or mistake was committed, this shows in your account statement. If you wait longer than 60 days after the account statement was issued to you, then you will lose your chance of getting any money back if there is proof that we could have stopped the person from taking any money if you had told us with time. We are flexible though and understand that long trips or hospital stays may keep you from contacting us, when this happens we evaluate giving you an extension to sort things out.

We recommend you to regularly check your account and transaction history to make sure there are never any unauthorized transactions or other types of errors. SimplePin will also send you an email to the address on file in order to inform you on each transaction made from your account. Make sure to check out these emails and not ignore them, they are very important to ensure that each transaction has been authorized and accurate.

If you spot an unauthorized transaction, error or mistake in your account, please notify us through:

  • Write to us through the website under the Contact Us tab.
  • Email us at support@SimplePin.com.
  • Post us to: SimplePin Inc. Error Resolution Department , 245-4999 Rue St-Catherine W, West mount,QC, H3Z 1T3 Canada
  • Call our SimplePin Customer Service at  1 800 727-4136

When you contact us, please provide us with all of the following information:

  • Your name, email address and phone number registered in your account.
  • A description of any suspected Unauthorized Transaction or other errors, and an explanation of why you believe it is incorrect or why you need more information to identify the transaction.
  • The dollar amount of any suspected Unauthorized Transaction or other error.

If you notify us orally (by phone), we may require that you send us written confirmation within 10 Business Days. During our investigation, we may need additional information from you.

Company Actions After Receiving Notifications of You

Once we receive your notification of an Unauthorized Transaction or error, or if we learn of one that has happened, we will do as following:

  • We will open and conduct an investigation that will determine whether there has been an Unauthorized Transaction or other error that is eligible for our protection.
  • We will try to complete our investigation within the 10 Business Days following your report. 
  • New accounts, which means the ones that have had their first transaction in less than 30 business days, will take up to 20 Business Days to finish this investigation. We could take up to 45-90 days to complete our investigation depending on the nature of the account. 
  • We will provisionally credit your account for the amount of the suspected Unauthorized Transaction.
  • You will receive the provisional credit within 10 Business Days of the date we received your notice or 20 Business Days for new Accounts. This will give you the chance to have use of the funds until the investigation is conclusive. We will send you a notification concerning the provisional credit within 2 business days of crediting. If we ask you to provide us with a written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not give you a provisional credit.
  • We will inform of the decision made within 3 business days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 business day of our determination.
  • If you have already received a provisional credit, you will be allowed to retain the amount given. If we decide that there was not an Unauthorized Transaction or other type of error, we will include an explanation of our decision in our email or other communications to you (post, phone, etc.). 
  • If you received a provisional credit after giving you a 5 business days notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We are committed to fixing any processing error that we happen to discover. If an error ends up resulting in you receiving less than what should be the correct amount you are entitled to, the SimplePin will credit your account with the calculated difference. 

If you end up receiving more than what should be sent to your balance, SimplePin will debit the extra funds, leaving the correct amount. We are liable for any losses or damages that could arise due to a failure from our part, unless:

  • You did not have enough available funds to complete the transaction and it is not because of a mistake done from our part.
  • Our system was not working properly but you knowingly proceeded with the transaction. 
  • Circumstances beyond our control such as fire, flood or loss of Internet connection prevented the transaction, despite taking reasonable precautions.

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.

Acceptable Use

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.

Legal Compliance

Your Liability - Actions We May Take

You are the only one responsible of making sure that you are using SimplePin in accordance to the applicable federal, provincial and local laws or regulations. By using our services, you understand and accept that:

  • You are not in a country which Canada deems to be “Supporting Terrorism” or other illegal acts.
  • You are not on the Canadian and U.S. list of prohibited or restricted parties.

Your Liability

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 there may be the moment where we may 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 CAD $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

Law and Forums for Disputes: Arbitration

This user agreement is intended to be governed by the laws of Canada, without taking into regard conflict of law provisions, except to the extent that federal law is being applied.

Every claim that arises out of or connected to this user agreement must be stated individually in a binding arbitration, which must be conducted by one single arbitrator with online consumer payment service disputes, this arbitrator must be recognized by the Canadian Arbitration Association (CAA) in regard with the rules that govern commercial arbitrations and the CAA’s supplementary procedures for consumer related disputes.

The place where the arbitration shall be conducted must be the city closest to your residence where there is a federal or provincial courthouse. It is not accepted that the arbitrator conducts any forms of class or collective arbitrations, neither be part of or consolidate claims done by or for individuals. 

To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes related to the enforceability, interpretation, applicability or formation of this User Agreement, this includes but is not limited to, any claims that all or any part of this User Agreement is void or voidable. 

A conclusion regarding the award given by the arbitrator may be used in any court with the competent jurisdiction. We stress that they must not be frivolous claims, if this is the case, then SimplePin will pay the costs concerning the arbitration up to $3,000. but do not think that we will cover your attorney fees, that is up to you.

This user agreement and each of its parts are evidence of a transaction involving interprovincial commerce, and the Canadian Arbitration Act will be applied in all cases that are related to the governing the interpretation and enforcement of the rules related to arbitration and its processes.

We only have two exceptions to arbitrate and the agreement:

  1. If we believe without reasonable doubt that you have in any way broken or threatened to break our intellectual property rights, we may seek injunctive or other appropriate relief in any court that has the competent jurisdiction. 
  2. Any claim of $500 or less may, should be resolved in a small claims court in Montreal, Quebec.  If the claim and the parties are within the jurisdiction of the small claims court. 

Only for these two exceptions do you agree to submit to the personal jurisdiction of courts located in Montreal, Quebec with purpose of litigating such claims or disputes.

Right to a Jury & Class Action Waivers

To the extent of what is allowed by law, you must agree to conclusively waive any rights you may have to take us or third parties that we collaborate with, to trial by jury or other court trial that is not a small claims court. Neither should you serve as a representative, private attorney general or to participate as a member of a class of claimants.

Failures in Completing Transfers: SimplePin’s Liabilities

Mistakes and errors in a transfer of funds can be a headache. When a transfer is incomplete operation, late or in the wrong amount, we at SimplePin will be liable for your losses or the damage a situation like these could create.

All this under the applicable Federal, Provincial or Local laws, 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.

Warranty Disclaimer: Damage Exclusions

Unless that law states the contrary, you must assume all responsibility and risks for using SimplePin and its services. This covers the all the permissible extensions under the law, this includes warranties, representations, guarantees and conditions that are disclaimed, including but not limited to any warranties of merchantability, non-infringement of intellectual property. Fitness, title, and/or other terms implied by statute, equity or in common law.

SimplePin can not warrant that our services will go uninterrupted or be free from errors, these defects will be corrected continuously and promptly, and that the services and/or servers that process all the information related to the services are free of viruses, bugs and other harmful components that may affect you, us or third parties.  

SimplePin makes the following disclaimer that is directed to our covered third parties and all of our affiliates, agents, suppliers and vendors:

SimplePin Services are provided “as is”, “with all faults” and a “when available” basis, without the use of conditions, guarantees, representations or warranties of any kind, these could be statutory, expressed or implied, including but not limiting to warranties for the use or operations of our services, the information, content or any other materials that are related to what we offer, whether it is given by SimplePin, a third party or the ones covered by us.

Neither will SimplePin, any third party, including the ones covered here, warrant nor shall they make any representations regarding the use the results of our services in terms of accuracy, timeliness, correctness and otherwise. You will assume the entire cost of any necessary maintenance, correction or repair to the equipment you use to access the services, this includes but is not limited to your personal computer, mobile phone, tablet, etc.

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, any covered and uncovered third parties or any of the respective affiliates, agents, vendors or suppliers may not be held liable for any of the foregoing, damages of any kind that come from the use of our services, such as indirect, special, punitive, incidental, exemplary or consequential damages that may occur due to the use of the service or lack of it, the loss of data, profits or business operations from the way the services are being used. This also includes any delays in the service, as well as the inability to use in totality or partially, whether this is based or not by contract, tort, negligence, strict liability or other. In addition, we or the other parties mentioned are not liable for such damages based on advice of the possibility of damages, or the remedies applied being successful or not.

SimplePin does not have control over the products and services that a paid for using our services, that is why

SimplePin cannot guarantee that any of the parties you are dealing with will actually go through with the transaction, or are we authorized to do so. 
SimplePin will do all in its power 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.

Some provinces or other jurisdictions might not permit a disclaimer of implied warranties, or the exclusion of particular damage. Therefore, the disclaimer above and its exclusions may not be applicable to you. You may also have additional rights that could vary between provinces and jurisdictions.

Limitations on Liability

Except as otherwise expressed previously in this agreement, and to full extent of applicable laws, SimplePin’s increased liability to you is related to any claims or damages that may occur in relationship to your use of SimplePin Services. This should not exceed or be greater than the fee you paid SimplePin for the use of its services or for $1.00 CAD.

Limitations on liability apply to:

  • Claims related to the breach of contracts, warranties, guarantees or conditions, strict liability, negligence, or other tort to the extent permitted by applicable law.
  • Any application or content that is made available through such services.

These liability limitations are also applicable if there needs to be a repair, replacement or refund, where we will not compensate you for any losses. SimplePin and any third parties covered or uncovered in this agreement knows or should have known about the probability of damages. These liability limitations are applicable to its maximum extent allowed by law, even if a solution fails its essential purpose. Some jurisdictions do not allow limitations on liability, foregoing limitations that may not be applicable to you. You still have other rights that vary between provinces and jurisdictions.

Granting Licenses

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 Canada. 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 the software is downloaded to a mobile device, the license will expand to the use you give the software and the device you are using it on, as long as you are allowed by your device’s usage rules, for example the Apple App Store Terms of Use. You are not allowed to rent, lease or transfer your rights regarding the software to third parties. You must always comply with our implementation and the requirements we ask for using the software contained in this agreement, or any documentation we provide to you.

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 Inc.

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.

Indemnification

It is important for us that you agree to hold harmless, defend and indemnify SimplePin and SimplePin Inc; affiliates, directors, officers and employees of any claim or demand done or incurred by a third party due to your breach in this agreement or unproperly using of SimplePin Services.

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.

Company Release

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.

Survival

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.

Casus Fortuitus

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.

Miscellaneous

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.

This document, as well as any other, like our Privacy Policy, are referenced and linked to this Agreement. These are incorporated and made part of this agreement through this reference, containing your and our entire contract regarding SimplePin Services. If by any chance a provision in this agreement is thought to be illegal or unenforceable, such provision will be set aside or enforced to the maximum extent possible. Any other illegality or non-enforceable clauses will not affect the entire validity of this document. Any legal action that may arise due to your use of the SimplePin Services must be brought to our attention within one year after the cause of action has arisen.

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.

Independent Contractors

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. 

Contacting Us

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+useragreement@SimplePin.com or CLICK HERE. 

You may also write to us to: 

SimplePin Inc. Legal Department 
245-4999 Rue St-Catherine W, West mount, 
QC, H3Z 1T3 Canada

Information Summary Box

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

245-4999 Rue St-Catherine W. Westmount, QC, H3Z 1T3, Canada.

Service Description

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.

Code of Conduct

You can access the Code of Conduct through this link:
http://www.fcac-acfc.gc.ca/Eng/forIndustry/publications/lawsReg/Pages/CodeofCo-Codedeco.aspx

Statements

Your statements are always available to you online by logging into your SimplePin account at: SimplePin.com/company/sign-in