Terms and Conditions

PLEASE READ CAREFULLY: THE USE OF ANY SIMPLICITY SERVICES OR PRODUCTS AVAILABLE AT THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE TERMS, PLEASE CHOOSE THE “I ACCEPT” OPTION ON THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CHOOSE THE “I DO NOT ACCEPT” OPTION AND DO NOT USE OR PURCHASE ANYTHING FROM THIS WEBSITE.

 

PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT: This Simplicity-Customer User Agreement (“SCUA”) is a legal agreement between (a) You (either an individual or a single entity) and (b) Simplicity Integration LLC (“Simplicity”) that governs Your use of anything made available by Simplicity for use or purchase by You from this website (hereinafter anything purchased by You from this website shall be referred to as a “Simplicity Service“), that is not otherwise subject to a separate agreement between You and Simplicity or its suppliers. If You have a separate agreement with Simplicity unrelated to a Simplicity Service from this website, then that Agreement and the terms and conditions therein shall prevail. Otherwise, the term “Simplicity Service” incorporates but is not limited to the use of any Sensor, any Data, or any Services from Simplicity as otherwise listed on Simplicity’s website. Any amendment or addendum to this SCUA must be made and agreed to in writing by the parties to this SCUA. Simplicity explicitly reserves its right to cancel this SCUA at-will, with or without Notice to You.

 

SIMPLICITY SERVICES ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS SCUA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING ANY SIMPLICITY SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SCUA. IF YOU DO NOT ACCEPT THESE TERMS, YOUR SOLE REMEDY IS TO CANCEL THE SERVICES. REFUNDS ARE SUBJECT TO A DETERMINATION MADE AT SIMPLICITY’S SOLE DISCRETION.

 

1. YOUR RIGHTS AND OBLIGATIONS. You hereby agree that Your purchase of a Simplicity Service is subject to all terms and conditions of this SCUA:

a. Use and Ownership. 

(i) You shall be solely responsible for any and all damages resulting from or in any way related to the use of, loss of, destruction of, or damage to any item incorporated into Simplicity Service;

(ii) You are strictly prohibited from (a) granting access to or making any Simplicity Service available to any third party, or using any Services or Sensors for the benefit of any third party, (b) copying, altering, disassembling, reverse engineering, or decompiling any Simplicity Service for any purpose, or (c) selling any data or information collected from any Simplicity Service;

(iii) Immediately upon the purchase or use of any Simplicity Service, You shall be solely responsible for the maintenance, repair, and upkeep of the Simplicity Service, including any necessary replacements; You shall bear all risks associated with the loss, destruction, or damage to any Simplicity Service after purchase or use, except for issues covered under the applicable manufacturer’s warranty, and Simplicity shall have no further obligations with respect to the maintenance or repair of the Simplicity Service once ownership is transferred;

(iv) You shall (a) not permit unauthorized access to, or use of, any Simplicity Service by any third party, and shall promptly notify Simplicity of any unauthorized access or use; (b) not use any Simplicity Service in any manner that could damage, disable, overburden, or impair their functionality; and (c) comply with all terms of service, agreements, and legal obligations related to any Simplicity Service;

(v) Simplicity will not be in default of this Agreement, or be liable in any way due to: (a) Your failure to perform Your obligations under this Agreement; (b) the performance of Your third party telecommunications network provider(s) or Your use of any third party’s data; (c) changes made at Your request, including but not limited to the equipment owner’s operation / use of the equipment, software, sensor, or other related items; (d) unforeseen capacity increases based on changes in Your business processes; (e) Your software or hardware, (f) the nonperformance and/or failure of any third party equipment, software, sensor, or other related item; (g) a change in Your cellular equipment, phone number, communications services, cellular service contracts, or other related items; (h) restricted physical access to the Simplicity Service, including but not limited to high water, moving water, mud, debris, or any such similar impediment; or (h) a Force Majeure Event. 

(vi) Simplicity will provide reasonable telephone call-back support during Simplicity’s normal business hours to permit You to ask questions regarding your purchase of any Simplicity Service, report problems regarding your purchase of any Simplicity Service, or seek reasonable assistance in the use of a Simplicity Service. 

b. Indemnification. You agree to defend, indemnify, and hold Simplicity harmless from and against any and all loss, damage, claims, demands and causes of action arising out of or in any way  relating to (a) any breach of this Agreement, (b) an inaccuracy of any representation made by You herein, (c) Your own negligence, recklessness, and/or failure to properly maintain equipment incorporated into the Simplicity Service, or (d) a claim that You do not have the right to allow Simplicity to collect and process the Data as set forth herein (collectively a “Simplicity Claim”). In the event of a Simplicity Claim, You will defend such action or proceeding and hold harmless and indemnify Simplicity, its officers, agents, employees, successors and assigns, or any of them, from and against any and all loss, cost and liability, and You shall pay all damages, costs, losses, claims, demands, attorneys’ fees and expenses, or any of them, arising out of such action or proceeding; and Simplicity will cooperate reasonably with You in any defense of the actions and proceedings. 

c. Reservation of Rights. Simplicity and its suppliers reserve all rights not expressly granted to you in this SCUA.

2. DISCLAIMER OF IMPLIED WARRANTIES. OTHER THAN THE WARRANTIES EXPRESSLY MADE IN THIS AGREEMENT, SIMPLICITY MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO ANY SIMPLICITY PRODUCT OR SERVICE OR ANY OF THE SERVICES FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. SIMPLICITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR           PURPOSE,         AND      NON-INFRINGEMENT.

 

 

3. LIMITATION OF LIABILITY. 

 

(i) YOU HEREBY AGREE THAT IN NO EVENT WILL SIMPLICITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OF ANY KIND IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIMPLICITY, ITS AFFILIATES, AND/OR ITS SUPPLIERS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMER TO SIMPLICITY IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

 

(ii) IN THE EVENT YOU BELIEVE A SIMPLICITY SERVICE IS NON-PERFORMING, YOU WILL PROMPTLY NOTIFY SIMPLICITY AND REASONABLY COOPERATE WITH SIMPLICITY IN TESTING, AND IF DEEMED NECESSARY BY SIMPLICITY, SCHEDULING THE REPAIR OR REPLACEMENT OF THE NONPERFORMING SIMPLICITY SERVICE BY SIMPLICITY. SIMPLICITY’S STANDARD SERVICE FEES TO REPAIR OR REPLACE THE SIMPLICITY SERVICE SHALL APPLY AND MUST BE PAID BEFORE ANY WORK IS PERFORMED. 

 

3. PROPRIETARY RIGHTS. All intellectual property rights in the Simplicity Service owned by Simplicity or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any identifying information, copyright notices or proprietary restrictions from any Simplicity Service or Product.

 

4. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble any Simplicity Service or Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this SCUA.

5. TERM. This SCUA is effective unless terminated or rejected. 

6. NOTICE OF DATA COLLECTION. You agree that Simplicity and its affiliates may collect, combine, and use device and individual user information you provide in relation to support services related to the Simplicity Service. 

 

7. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to assure that any information or product in any way related to a Simplicity Service is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws.

 

8. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state of residence and, if applicable, you are duly authorized to enter into this contract.

 

9. APPLICABLE LAW. This SCUA is governed by the laws of the State of Texas, U.S.A.

 

10. ENTIRE AGREEMENT. This SCUA (including any addendum or amendment to this SCUA) is the entire agreement between you and Simplicity relating to the Simplicity Services you are purchasing off Simplicity’s Website and it supersedes all prior or contemporaneous oral or written communications, proposals and representations, with respect to the Simplicity Services for purchase or use from Simplicity’s Website or any other subject matter covered by this SCUA. 

 

11. MISCELLANEOUS. 

 

(i) Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by You without the prior written consent of Simplicity. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

 

(ii) Any notice to Simplicity required or permitted under the terms of this Agreement or required by law must be in writing and must be (a) delivered in person, (b) sent by first class registered mail or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid, as appropriate to Simplicity at 3403 West TC Jester Blvd #1057, Houston, TX 77018.

 

(iii) Any waiver of any provision of this Agreement or of Simplicity’s rights or remedies under this Agreement must be in a writing signed by Simplicity to be effective.  Failure, neglect, or delay by Simplicity to enforce the provisions of this Agreement or its rights or remedies at any time, will not be deemed to be a waiver of Simplicity’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such Simplicity’s right to take subsequent action.

 

 

12. DISPUTE RESOLUTION. The parties agree that in the event of a dispute arising out of or in connection with this Agreement, they will first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to a mandatory mediation. If the parties do not agree to a resolution at mediation, then the parties agree to fully and finally resolve any such dispute through arbitration. Accordingly, the parties hereby explicitly agree to fully waive their rights to a Trial by Jury.

 

 

The information contained herein is subject to change without notice. The only warranties for Simplicity products and services are set forth in the express warranty statements. Nothing herein should be construed as constituting an additional warranty. Simplicity shall not be liable for technical or editorial errors or omissions contained herein. Rev. 07/1/25