Please Wait

Agreement And Terms
Between User and Simple In/Out

Welcome to Simple In/Out. Simple In/Out is comprised of a website (https://www.simpleinout.com) which consists of various web pages and all software applications (cumulatively the “Service”) made available by or on behalf of Simply Made Apps, Inc. (“Simply Made Apps”) in connection with the Service, including but not limited to Simple In/Out’s mobile, desktop, television, and watch applications. Simple In/Out is offered to You conditioned on Your acceptance without modification of this Agreement and the terms, conditions, and notices contained herein (the “Terms”). Your use of Simple In/Out constitutes Your agreement to all such Terms. These terms apply to any and all Users of the Service regardless of whether such person or entity is a paying subscriber (such as an employer or organization) or merely a User underneath a paying subscriber (such as an employee of an employer or a member of an organization). In this Agreement the terms “User,” “You, and “Your” may be applied interchangeably. Please read these Terms carefully and keep a copy of them for Your reference. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms or in which use of the Service violates applicable laws, restrictions, or regulations. You may only use the Service with other Users who have also agreed to this Agreement and these Terms.

Simple In/Out is a digital in/out board software solution. It allows Users to update their status through a variety of means including automatic updates using technology available to phones and desktop computers. Simple In/Out also offers Beacon hardware through our website that works with the Simple In/Out software to facilitate automatic updates. Simple In/Out can also be used as a timekeeping solution that allows Users to toggle their status between in and out for the purpose of tracking time and attendance.

Simple In/Out provides a publicly accessible Application Programming Interface (the “API”) as well as related API Documentation (“Documentation”). The API enables You to programmatically access portions of Simple In/Out enabling the development of applications.

Your data (the “Data”) consists of any data and content uploaded, posted, transmitted or otherwise made available by Users via the Service. This includes status updates, comments, profile information, images, and anything else entered or uploaded into the Service by a User of the Service.

Privacy

Your use of Simple In/Out is subject to Simple In/Out’s Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs Users of our data collection practices. Your use of Simple In/Out also constitutes Your agreement to the Privacy Policy and confirmation that You have reviewed the same.

Electronic Communications

Visiting Simple In/Out or sending emails to Simply Made Apps constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that Simply Made Apps provides to You electronically, via email, and on the Service, satisfy any legal requirement that such communications be in writing.

Your Account

If You use this Service, You are responsible for maintaining the confidentiality of Your account and password, for restricting access to any devices by which You access the Services, and agree to accept responsibility for all acts and omissions that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge and agree that Simply Made Apps is not responsible for third party access to Your account under any circumstances.

Simply Made Apps and its associates reserve the right (but will not have an obligation) to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Simply Made Apps does not knowingly collect, either online or offline, personal information from persons under the age of 13. If You are under 18, You may use Simple In/Out only with permission of a parent or guardian.

Your Data

In order for Simply Made Apps to provide the Service, You grant Simply Made Apps certain rights with respect to Your Data. Simply Made Apps need to be able to transmit, store, and copy Your Data in order to display it to You, to index it so You are able to search it, and to make backups to prevent data loss, etc. You grant Simply Made Apps the permission to do so and grant Simply Made Apps any such rights necessary to provide the Service (and for no other purpose). This permission includes allowing Simply Made Apps to use third-party service providers in the operation and administration of the Service, The rights granted to Simply Made Apps are extended to these third parties to the degree necessary in order for the Service to be provided.

If You send Simply Made Apps any feedback or suggestions regarding the Service, You grant Simply Made Apps an unlimited, irrevocable, perpetual, and free license to use any such feedback or suggestions for any purpose without any obligation to You.

You are solely responsible for Your conduct (including by and between all Users), the content of Your Data, and all communications with others while using the Service. You acknowledge that Simply Made Apps has no obligation to monitor any information on the Service. Simply Made Apps is not responsible for the accuracy, appropriateness, or legality of Your Data or any other information You may be able to access using the Service. Notwithstanding the foregoing, You agree not to post graphic, violent, unlawful, threatening, harassing, or hateful comments or photos. You also agree not to post confidential or private information belonging to others.

Cancellation/Refund Policy

Users may change or cancel their subscription at any time. Paying subscribers, through their authorized administrator, may request a refund for any prorated portion of their then currently monthly subscription within 30 days of cancellation. Requests can be sent to help@simplymadeapps.com.

Links to Third Party Sites/Third Party Services

Simple In/Out may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Simply Made Apps and Simply Made Apps is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Simply Made Apps is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Simply Made Apps of the site or any association with its operators.

Certain services made available via Simple In/Out are delivered by third party sites and organizations. By using any product, service, or functionality originating from Simple In/Out, You hereby acknowledge and consent that Simply Made Apps may share such information and data with any third party with whom Simply Made Apps has a contractual relationship to provide the requested product, service, or functionality on behalf of Simple In/Out Users and customers.

Limitations on Use Related to the API

You may not use the API or any other technology in a manner that accesses or uses any information beyond what the Service allows under the Documentation; that changes the Service; that breaks or circumvents any of the Service’s technical, administrative, process, or security measures; that disrupts or degrades the performance of the Service or the API; or that tests the vulnerability of the Service or the API.

You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.

You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the API or any portion thereof.

You may charge for any subsequent software that utilizes the API of Your own creation. However, You may not sell, rent, lease, sublicense, redistribute, or syndicate access to the API.

You may not attempt to exceed or circumvent limitations on access, calls and use of the API, or otherwise use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Terms or Documentation.

You may not use any data or contact information obtained from the API (including email addresses and phone numbers) to contact Service Users outside of the Service without their express permission.

You may not copy or store any data or capture or store any information expressed by the data except as a caching mechanism.

If Simply Made Apps terminates Your use of the API for any reason, then You must permanently delete all data and any other information that You stored pursuant to Your use of the API, except when doing so would cause You to violate any law or obligation imposed by a governmental or other regulatory authority.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Simple In/Out strictly in accordance with these terms of use. As a condition of Your use of the Service, You warrant to Simply Made Apps that You will not use the Service for any purpose that is unlawful, inappropriate, or prohibited by these Terms. We reserve the right at any times to adopt additional terms or rules governing Your use of the Service. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

Excluding Your Data, all content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service made available by or on behalf of Simply Made Apps, is the property of Simply Made Apps or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Simply Made Apps’ content is not for resale. Your use of the Service does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use and will make no other use of the content without the express written permission of Simply Made Apps and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. Simply Made Apps does not grant You any licenses, express or implied, to the intellectual property of Simply Made Apps or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Simply Made Apps from our offices within the United States of American (“USA”). If You access the Service from a location outside the USA, You are responsible for compliance with all applicable law, restrictions, and regulations. You agree that You will not use the Service in any country in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Simply Made Apps, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Service or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Simply Made Apps reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Simply Made Apps in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning the Service, these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the North Dakota Uniform Arbitration Act and conducted by a single neutral arbitrator to be picked by the parties. Any arbitration shall be held in Fargo, North Dakota. By using the service You expressly consent to jurisdiction in North Dakota. If the parties cannot agree on an arbitrator they shall apply to the State District Court located in Fargo, North Dakota to have an arbitrator appointed. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless Simply Made Apps and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability and Warranty Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SIMPLY MADE APPS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.

SIMPLY MADE APPS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIMPLY MADE APPS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLY MADE APPS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIMPLY MADE APPS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Termination/Access Restriction

Simply Made Apps reserves the right, in its sole discretion, to terminate Your access to the Service and the related services or any portion thereof at any time, without notice.

Additional Terms

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Simply Made Apps as a result of this Agreement and Terms or Your use of the Service.

Simply Made Apps’s performance and provision of Services is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Simply Made Apps’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Service or information provided to or gathered by Simply Made Apps with respect to such use.

If any part of this Agreement and Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement and Terms constitutes the entire agreement between the User and Simply Made Apps with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Simply Made Apps with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Simply Made Apps reserves the right, in its sole discretion, to change the Terms under which Simple In/Out is offered. The most current version of the Terms will supersede all previous versions. Simply Made Apps encourages You to periodically review the Terms to stay informed of our updates.

Contact Us

Simply Made Apps welcomes Your questions or comments regarding the Terms:

Simply Made Apps
505 Broadway North, Suite 203
Fargo, ND 58102
USA
help@simplymadeapps.com

Effective as of June 01, 2016