These terms are applicable for the worldwide use of the Nexx Garage product, mobile apps, and website operated by SimpalTEK LLC and its affiliates. These T&C s are subject to change without prior notice.
The Services defined herein are provided by SIMPALTEK LLC. This document may refer to the service provider as “SIMPALTEK LLC.”, "SIMPALTEK”, "we”, "us", or "our”.
These are the rules and restrictions that govern your use of our website(s), products, services, mobile applications, and other software (collectively, the "Services").
Modifications to Terms
These Terms may change at any time as we improve and change our Services. In the event that we need to change the Services, we will place a notice in these Terms and may also send you an email. If you do not agree with any new Terms, you may reject them. However, you may not use the Services thereafter. Your continued use of the Service after a change of Terms means that you agree to all of the changes.
Changes, amendments, or modifications made to the Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.
The Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personally identifiable information online from children who are under 13 without parental consent. We do not knowingly collect such information. If you are a child under 13, you may not register for the Services or send any personal information about yourself to us. In the event that we learn we have collected personal information from a child under 13, we will destroy that information as quickly as possible.
In order to use the Services, you may be required to sign up for an account. To sign up for an account, you must provide a verifiable email address or phone number and a password. You may not sign up using a name that you don't have the right to use, or another person's name with the intent to impersonate that person.
Representations and Warranties
You represent and warrant that you are of legal age to enter into a binding contract. If not, you represent and warrant that you have acquired parental consent and that they have read and agreed to these Terms on your behalf. If you're using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
Restrictions on Use
During your usage of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions:
You may not use the Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights of anyone else;
2. Violates any law or regulation;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your account or anyone else's;
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Runs any form of auto-responder or "spam" on the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
8. "Crawls," "scrapes," or "spiders" any page or portion of the Services (through use of manual or automated means);
9. Copies or stores any significant portion of the Content (as defined below);
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
Content on the Services
“Content” is all of the information collected during your use of the Services. It includes information provided by you, by other users, by hardware devices connected to the Services, and by third-party devices and services connected to the Services. It also includes any information we provide into the Services, as well as information derived from or aggregated from any and all information provided to the Services.
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or changed charges.
Changes to the Services
Service may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that SIMPALTEK owns the Services. You won't attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
User Content Submissions
You may provide Content to or through the Services in various ways. We shall call this “Personal Submissions.” In addition, when you connect various hardware peripherals, third-party services, or applications with the Services, those items will often provide information or data for the Services. This will often occur in an automated fashion. We shall call this “Device Submissions.” You own your Personal Submissions and Device Submissions, and SIMPALTEK does not claim any ownership over them; however, you grant us certain rights in/to your Personal Submissions and Device Submissions, as outlined herein. You represent and warrant that you own or otherwise have all rights to such submissions and that disclosure and use of such submissions by SIMPALTEK (including without limitation, publishing content on the Services) will not infringe or violate the rights of any third party.
You acknowledge that we have no obligation to maintain or persist your Personal Submissions or Device Submissions for any specified period of time, to guarantee access to these items, and have no liability for these items submitted to the Services that are or become unavailable through the Services. You hereby grant SIMPALTEK a royalty-free, worldwide, sub-licensable, irrevocable, transferable, perpetual license to use or incorporate into the Services any suggestions, recommendations, enhancement requests, or other feedback that you provide to us relating to the Services.
SIMPALTEK does not endorse and has no control over any Personal Submission. You acknowledge that you access all content by using the Services and provide all Personal Submissions at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Any and all information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and/or use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired, been exposed to, not acquired, or not been exposed to Content through the Services. You have an obligation to, and commit to keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
You accept that SIMPALTEK is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to these Services. We encourage you to be aware of such agreements when you connect third-party services to these Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party websites, applications, or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of SIMPALTEK.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Additional Terms and Conditions
These Terms apply to your use of all the Services, including applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
1. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
2. Both you and SIMPALTEK acknowledge that the Terms are concluded between you and SIMPALTEK only, and not with Apple, and that Apple is not responsible for the Application or the Content;
3. You will only use the Application in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
6. You acknowledge and agree that SIMPALTEK, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Application;
7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party's intellectual property rights, SIMPALTEK, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and SIMPALTEK acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use;
10. Both you and SIMPALTEK acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
Except as expressly set forth below, SIMPALTEK does not make any representations or warranties concerning any products, software, services, information, or content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from SIMPALTEK or others, unless a separate written warranty is provided expressly and unambiguously for a specific product or service (and if such a warranty is provided, it will apply only to such specific product or service, and not to the Services generally). THE SERVICES (AND ALL PRODUCTS, SOFTWARE, SERVICES, INFORMATION AND CONTENT) ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SIMPALTEK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SIMPALTEK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Risk of Loss; Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES, AND EXPENSES ARISING OUT OF SUCH USE. SIMPALTEK IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE, OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
You agree to indemnify and hold SIMPALTEK, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SIMPALTEK’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of Texas, without regard to the conflicts of laws’ provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Collin County, Texas, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), then in effect, by one commercial arbitrator, who shall be selected from the appropriate list of arbitrators in accordance with those procedures. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Collin County, Texas.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and SIMPALTEK agree that this agreement is the complete set of understanding between both parties and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind SIMPALTEK in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and SIMPALTEK agree there are no third-party beneficiaries intended under this Agreement.