Terms of Service

Last updated: January 28, 2025

Introduction

Welcome to SimpL! These Terms and Conditions ("Terms" or "Agreement") govern the use of the lead-generation software and services ("Services") provided by SimpL S.r.l. ("SimpL," "we," "us," or "our"). By creating an account, subscribing, or otherwise accessing our Services, you ("User," "Customer," or "you") agree to be bound by these Terms. If you do not agree to any provision herein, do not access or use our Services.

The SimpL Service

Description

SimpL provides a B2B lead-generation platform that aggregates data about companies, job postings, and professionals from various public or third-party sources (e.g., LinkedIn, Apollo). We store and regularly update this data, apply heuristic and AI-driven scoring algorithms, and present it to our customers—primarily staffing agencies—to facilitate business development and sales outreach.

Accuracy of Data

You acknowledge that SimpL sources data from external sources; we do not guarantee its completeness, timeliness, or accuracy. All leads, contact information, and scoring outputs are provided "as is" for your reference. You assume responsibility for verifying any data before relying on it.

AI and Predictive Scores

Our scoring system employs machine learning models. Predictions or scores are inherently probabilistic and may not always reflect an accurate or definitive assessment. You agree that you will not hold SimpL liable for any decisions or outcomes based on AI-driven scores.

Eligibility & Account Registration

Eligibility

• You must be 18 years or older (or the legal age of majority in your jurisdiction) to create an account or use our Services. • You must be a representative of a bona fide business (e.g., a staffing agency) seeking leads for legitimate, lawful recruiting or sales outreach.

Registration Obligations

When creating an account, you agree to: 1. Provide true, current, and complete information. 2. Update your account details promptly if any information changes. 3. Maintain the confidentiality of your account credentials. 4. Accept responsibility for all activities occurring under your login. If we suspect fraudulent or untrue account information, we may suspend or terminate your account without prior notice.

Subscriptions, Fees, & Payment

Subscription Model

• Monthly Subscription: €350 per month (for a single user). We offer a two-week free trial for new monthly subscribers. If you cancel within that two-week trial, you will not be charged. • Annual Subscription: €3,500 per year (for a single user). We allow you to cancel within the first two (2) months of the annual term for a prorated refund—specifically, we deduct €350 per each month (or partial month) used from the €3,500 you initially paid and refund the remainder. • Example: If you sign on March 1 and pay €3,500, but cancel before March 31, we retain €350 for March, and you receive €3,150 back. Note: Multiple-user accounts or additional team features may incur further fees. We may also offer enhanced subscription tiers (e.g., data export limits, AI usage, workspace functionality) at different prices.

Billing & Renewal

• Automatic Renewal: Unless otherwise stated, subscriptions automatically renew at the end of each billing period (monthly or annually). • Payment Method: You authorize SimpL (or our designated payment processor) to charge your provided credit card or other payment method on a recurring basis. • Billing Cycle: Subscriptions are billed in advance per chosen cycle. - For monthly plans, billing recurs monthly on your subscription anniversary date. - For annual plans, billing recurs once per year on the anniversary date. • Late Payments: We reserve the right to charge late fees or suspend access if timely payment is not received.

Upgrades & Downgrades

• Upgrades: If you upgrade (e.g., add more seats or features) mid-cycle, you will pay a pro-rated difference based on the remaining subscription period. • Downgrades: Typically take effect upon the next renewal date; no partial refunds are provided for downgrades during an active term.

Cancellation & Refunds

• Cancellation (Monthly Subscription): You may cancel at any time by contacting SimpL support or adjusting your account settings. If you cancel within the two-week free trial, you will not be charged; otherwise, any pre-paid monthly fees are non-refundable. • Cancellation (Annual Subscription): - You may cancel at any time. However, if you cancel within the first two (2) months, you are entitled to a pro-rated refund. We deduct €350 for each month (or partial month) used and refund the remainder of your annual fee. - After two (2) months, cancellations do not qualify for any refunds. • Service Suspension/Termination: Non-payment or violation of these Terms can result in immediate suspension or account termination.

Permissible Use & Restrictions

Permissible Use

You agree to use our Services solely for lawful business purposes related to recruiting, staffing, or sales outreach. You shall comply with all applicable laws and regulations, including data protection laws (e.g., GDPR), telemarketing rules, and anti-spam regulations.

Prohibited Activities

You shall not: 1. Resell or Redistribute: Attempt to sell, repackage, or otherwise commercialize the leads or data obtained from SimpL, unless explicitly authorized in writing. 2. Automated Data Extraction: Use bots, scrapers, or automated scripts to extract large volumes of data without our prior written consent. 3. Infringe IP: Modify, translate, reverse-engineer, or create derivative works from the platform code or content. 4. Upload Harmful Content: Transmit malware, viruses, or other destructive code. 5. Violate Privacy/Legal Obligations: Upload or process any personal data in violation of applicable law. 6. Engage in Spam: Use leads from our platform to distribute unsolicited mass emails in a manner that violates CAN-SPAM, GDPR, or other anti-spam rules. 7. Disrupt Service: Interfere with our servers, networks, or security measures.

Customer Content & Data Protection

Customer Content

If you upload or store any data (e.g., your own leads, comments, or pipeline notes) on the SimpL platform, you represent and warrant that you own or have the right to use such content. You grant SimpL a non-exclusive, worldwide license to process, store, and display that content as needed to provide our Services.

Data Controller vs. Processor

Depending on the nature of data you upload or process through SimpL: • SimpL as Controller: For data we collect independently (e.g., from public sources, to build our database), SimpL acts as the Data Controller. • SimpL as Processor: For personal data you provide or upload (e.g., candidate resumes, your internal lead info), you remain the Data Controller, and we act as your Data Processor under relevant data protection laws. You are responsible for ensuring that processing of any personal data via SimpL is lawful (e.g., you have consent or legitimate interest). Refer to our Privacy Policy for more details.

Intellectual Property Rights

SimpL IP

All software, code, scoring algorithms, visual interfaces, logos, trademarks, and other materials that comprise the SimpL platform are the exclusive property of SimpL or its licensors. You obtain no ownership interest in our IP by using our Services.

License Grant

SimpL grants you a limited, revocable, non-exclusive, non-transferable license to access and use the platform features for your internal business needs. You may not copy, modify, distribute, rent, lease, or resell any portion of our IP unless expressly authorized by SimpL in writing.

Disclaimer of Warranties

You expressly understand and agree that: 1. The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. 2. SimpL does not warrant that leads or data will be error-free or that scoring models will be accurate, reliable, or fit for a specific purpose. 3. Any reliance on data from our platform is at your own risk. 4. We do not guarantee that the Services will be uninterrupted or secure, free from viruses or other harmful code.

Limitation of Liability

To the fullest extent permitted by law, SimpL and its affiliates, officers, employees, and agents shall not be liable for: 1. Indirect, Special, or Consequential Damages: Including loss of profits, data, or goodwill. 2. Overall Liability Cap: Our total liability for any and all claims arising out of this Agreement shall not exceed the amounts you've paid to SimpL in the six (6) months preceding the incident or €1,000 (whichever is greater). Certain jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless SimpL, its affiliates, and their respective officers, agents, and employees from any third-party claims, damages, liabilities, or expenses (including reasonable legal fees) arising out of or related to: 1. Your breach of these Terms. 2. Your misuse of the Services, including AI-based scoring. 3. Your violation of any law or regulation (e.g., GDPR, spam regulations). 4. Any infringement of intellectual property or privacy rights caused by your data inputs or usage of the Services.

Term, Suspension & Termination

Term

These Terms remain in effect as long as you maintain a subscription or otherwise use our Services.

Suspension

We reserve the right to suspend your account if: • You fail to pay Subscription Fees on time, or • We suspect abusive or fraudulent activity, or • You violate these Terms.

Termination

• You can terminate by canceling your subscription. Termination is effective at the end of the current billing cycle, unless otherwise specified in Section 3.4. • We may terminate your account immediately if you materially breach these Terms. • Upon termination, you lose access to the Services, and SimpL may delete any data associated with your account after a reasonable grace period.

Confidentiality

Both parties agree to protect each other's confidential information and trade secrets that may be shared during the course of this Agreement. Neither party shall disclose or use the other's confidential information for any purpose beyond the scope of these Terms without prior written consent.

Modifications to Service or Terms

SimpL may modify these Terms or the Services at any time. If we make material changes, we will notify you (e.g., by email or in-app notification) at least 15 days in advance. Continued use of the Services after the effective date signifies your acceptance of the updated Terms.

Force Majeure

SimpL shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including acts of God, internet outages, government actions, or other force majeure events.

Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Milan, Italy, and you consent to such jurisdiction and venue.

Miscellaneous

1. Entire Agreement: These Terms, along with any additional policies referenced (e.g., Privacy Policy), constitute the entire agreement between you and SimpL. 2. Severability: If any provision of these Terms is found invalid, the remainder of provisions remain enforceable. 3. No Waiver: Failure by SimpL to enforce any provision shall not be deemed a waiver of that provision or any other. 4. Assignment: You may not assign or transfer your rights or obligations under these Terms without SimpL's prior written consent.

Contact Us

For any questions, feedback, or issues: • SimpL S.r.l. • Via Alessandro Manzoni 11, Gallarate 21013, Italy • Email: nico@thesimplplatform.io We will make good-faith efforts to respond within a reasonable timeframe. Thank you for choosing SimpL. We look forward to helping you accelerate your recruiting and sales workflows with our AI-driven lead generation platform!