Agreement to Our Legal Terms

Our Intellectual Property
We own or hold the necessary licenses for all intellectual property rights in the Services, which include all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) provided through the Services. Additionally, we own the trademarks, service marks, and logos featured within the Services (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws, along with other intellectual property rights and unfair competition laws in the United States and internationally.
The Content and Marks are made available through the Services “AS IS” for your personal, non-commercial use only.

Your Use of Our Services
Subject to your adherence to these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:
• Access and use the Services to which you have properly gained access, according to our policies and practices, solely for your personal, non-commercial use.
Unless explicitly stated in this section or elsewhere in our Legal Terms, no portion of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to use the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in our Legal Terms, please send your request to help@simoxy.com. Should we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is displayed or visible when posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.
Any violation of these Intellectual Property Rights will be considered a material breach of our Legal Terms, and your right to use our Services, Content, and Marks will terminate immediately.

Your Submissions
Please carefully review this section and the “PROHIBITED ACTIVITIES” section before using our Services to understand the rights you grant us and the obligations you undertake when posting or uploading any data or content through the Services.
• Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”), you agree to assign, and hereby assign, to us all intellectual property rights in such Submissions, including the right to use them to improve the Services or develop new services. You agree that we shall have sole and exclusive ownership of each Submission and any improvements or new services developed based on the Submission. Furthermore, we reserve the right to use and distribute such Submissions and any related improvements or new services for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
• Responsibility for Submissions: You are solely responsible for the content you post or upload. By sending us Submissions through any part of the Services, you:
• Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• To the extent permitted by applicable law, waive any and all moral rights to any such Submission, improvement, or new service arising from the Submission;
• Warrant that each Submission is original to you, or that you have the necessary rights and licenses to submit it, and that you have the full authority to grant us the aforementioned rights in relation to your Submissions; and
• Represent and warrant that your Submissions do not contain confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses we may incur due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable laws or regulations.

By using the Services, you represent and warrant that:

1. All registration and other information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity to enter into these Legal Terms and agree to comply with them.
4. You are not a minor in the jurisdiction where you reside.
5. You will not access the Services through automated or non-human means, such as bots or scripts.
6. You will not use the Services for any illegal or unauthorized purposes.
7. Your use of the Services will comply with all applicable laws and regulations.

If you provide any information that is, or we suspect to be, untrue, inaccurate, not current, incomplete, or in violation of any law, regulation, or third-party right, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may be required to register to access and use the Services. You agree to keep your password confidential and acknowledge that you are responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Certain Services may be offered on a pre-paid basis, where your account balance is reduced based on your usage. These pre-paid fees are non-refundable, non-cancellable, and not redeemable for cash, subject to our current policies and applicable laws.

Other Service plans may include a maximum usage allowance (e.g., up to a certain amount of data or minutes) within a specified time frame, for which a fee is payable upfront or on a recurring basis. If you do not fully utilize the allowed amount, you will not be entitled to a refund or carryover of unused Services, unless expressly stated otherwise or required by law. These fees are non-refundable and non-cancellable, with additional usage subject to additional fees.

We accept the following payment methods, which may be processed by third parties and are subject to change:

• Visa
• Mastercard
• American Express
• Discover
• Apple Pay
• Google Pay

You agree to provide current, complete, and accurate payment and account information and promptly update it, including your email address, payment method, and payment card expiration date, so we can complete your transactions and contact you if necessary. Your agreement with your payment provider (e.g., card issuer or other third party) governs your use of the payment method, and you must refer to that agreement, not these Legal Terms, for your rights and liabilities.

All prices are exclusive of taxes. You are responsible for all applicable taxes related to your use of the Services or any purchase. We may charge those taxes when processing your payment. You agree to indemnify us and our affiliates for any such taxes or related claims or losses for which you are responsible.

Prices, Service offerings, and plans may change at any time. All payments are in US dollars and are non-refundable and non-cancellable unless expressly stated otherwise. You agree to pay all charges at the rates in effect at the time of your purchase, including any applicable shipping, processing fees, or taxes, and authorize us to charge your selected payment method for such amounts.

If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge, until you cancel. You can cancel a recurring Service as described in these Legal Terms, on our website, or by contacting us at help@simoxy.com. We may automatically continue to charge you until you cancel the applicable Service.

We reserve the right to correct any errors or mistakes in pricing, charges, or otherwise, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. These restrictions may apply to orders placed by or under the same customer account, payment method, and/or billing or shipping address. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

From time to time, we may offer promotional rewards, discounts, or credits (“Rewards”) that can be applied toward transactions relating to the Services, as described in specific promotional materials and our current Rewards policies. Rewards cannot be exchanged for cash and are non-refundable. Rewards expire if not used within the designated period (typically 1 to 6 months). If not otherwise specified, Rewards expire 6 months from issuance. We reserve the right to reduce the expiration period to 3 months upon notice or by posting on our website, where permitted by law.

All transactions made through the Services are final, and no refunds will be issued unless explicitly stated otherwise in these Legal Terms or required by applicable law.

You may only use the Services for the purposes for which we make them available. The Services are not intended for commercial use unless specifically authorized by us in writing. As a user of the Services, you agree not to, and not to permit or facilitate any third party to, directly or indirectly:

• Data Harvesting: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Deception: Trick, defraud, or mislead us or other users, particularly in attempts to access sensitive account information such as passwords.
• Security Breach: Circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict the use or copying of Content or enforce limitations on the use of the Services or Content.
• Reputation Harm: Disparage, tarnish, or otherwise harm us and/or the Services, in our opinion.
• Harassment: Use information obtained from the Services to harass, abuse, or harm another person.
• Abuse of Services: Make improper use of our support services or submit false reports of abuse or misconduct.
• Legal Violations: Use the Services in a manner inconsistent with any applicable laws or regulations.
• Framing and Linking: Engage in unauthorized framing of or linking to the Services.
• Malware Transmission: Upload or transmit (or attempt to) viruses, Trojan horses, or other materials, including excessive use of capital letters and spamming, that disrupt the Services or any user’s experience.
• Automated Use: Engage in any automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.
• IP Notice Removal: Delete any copyright or other proprietary rights notice from any Content.
• Impersonation: Attempt to impersonate another user or person, or use another user’s username.
• Spyware: Upload or transmit (or attempt to) any material that acts as a passive or active information collection or transmission mechanism, such as gifs, pixels, web bugs, cookies, or other similar devices.
• Service Interference: Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Employee Harassment: Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
• Access Bypass: Attempt to bypass any measures designed to prevent or restrict access to the Services or any part of them.
• Software Copying: Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Reverse Engineering: Decipher, decompile, disassemble, or reverse engineer any software that makes up part of the Services, unless permitted by applicable law.
• Unauthorized Scripts: Use, launch, develop, or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers, or use any unauthorized script or software to access the Services, except as permitted by standard search engines or Internet browsers.
• Purchasing Agents: Use a buying agent or purchasing agent to make purchases on the Services.
• Unauthorized Use: Engage in any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for sending unsolicited email or creating user accounts by automated means or under false pretenses.
• Competitive Use: Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Unauthorized Sales: Use the Services to advertise or offer to sell goods and services.
• Profile Transfer: Sell or otherwise transfer your profile.
Engaging in any of these prohibited activities may result in the suspension or termination of your access to the Services and, where applicable, legal action.

We may provide you with opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. These may include, but are not limited to, text, writings, video, audio, photographs, graphics, comments, personal information, or other material (collectively, “Contributions”). Contributions may be visible to other users of the Services and may also be accessible through third-party websites. As such, any Contributions you submit may be subject to our Privacy Policy. By creating or making available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your Contributions does not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use, and to authorize us, the Services, and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have obtained written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness to allow for the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not intended to harass or threaten (in the legal sense) any other person or to promote violence against any specific person or class of people.
• Your Contributions do not violate any applicable laws, regulations, or rules.
• Your Contributions do not infringe upon the privacy or publicity rights of any third party.
• Your Contributions do not violate any laws concerning child pornography or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the above warranties constitutes a breach of these Legal Terms and may result in, among other things, the suspension or termination of your rights to use the Services.

You hereby grant us, as well as our contractors, representatives, and agents, the right and license to access, store, process, and use any Contributions, information, and personal data that you provide, as necessary to fulfill our obligations, deliver the Services, and exercise our rights as specified in these Legal Terms.

Regarding any personal data you provide to us, we will adhere to our Privacy Policy available on our website (https://simoxy.com/privacy/). The Services may also include specific settings, functions, or features that dictate how certain Contributions, information, or data may be used (or restricted). We do not claim ownership of your Contributions, except where expressly stated otherwise. You retain full ownership of your Contributions and any associated intellectual property or proprietary rights, except as explicitly stated otherwise. We are not responsible for any statements or representations made in your Contributions provided by you in any area of the Services. You bear full responsibility for your Contributions and expressly agree to indemnify and hold us harmless from any claims, losses, or liabilities related to your Contributions, except where solely due to our willful misconduct.

Notwithstanding anything to the contrary and to the extent permitted by law, we may monitor your use of the Services and utilize or exploit your Contributions, information, and data in an aggregated or anonymous form to compile statistical and performance data related to the efficacy, provision, and operation of the Services, to develop and commercialize new products or services, or for purposes of artificial intelligence or machine learning. We retain exclusive intellectual property rights in and to such aggregated and/or anonymous information, the results of any artificial intelligence or machine learning, and any improvements or new products or services we develop.

Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You agree not to:

1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or our licensors;
5. Use the App for any revenue-generating endeavor, commercial enterprise, or any purpose for which it is not designed or intended;
6. Make the App available over a network or other environment permitting access or use by multiple devices or users simultaneously;
7. Use the App to create a product, service, or software that is directly or indirectly competitive with or a substitute for the App;
8. Use the App to send automated queries to any website or to send any unsolicited commercial email;
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from the Apple Store, Google Play, or any other similar store or distributor (each an “App Distributor”) to access the Services:

1. The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
2. We are responsible for providing any maintenance and support services related to the App, as specified in these Legal Terms or other terms and conditions of the mobile application, or as required under applicable law. You acknowledge that each App Distributor has no obligation to provide any maintenance and support services regarding the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, paid for the App, in accordance with its terms and policies. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation regarding the App.
4. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties.
5. You must comply with applicable third-party terms of agreement when using the App, such as a VoIP application, ensuring you are not in violation of their wireless data service agreement when using the App.
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license against you as a third-party beneficiary thereof.

We reserve the right, but not the obligation, to:

1. Monitor the Services: We may monitor the Services to ensure compliance with these Legal Terms.
2. Legal Action: Take appropriate legal action against anyone who violates the law or these Legal Terms, including, but not limited to, reporting such users to law enforcement authorities.
3. Restrict or Disable Access: Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of our Services or your Contributions, in our sole discretion and without limitation.
4. Content Removal: Remove from the Services or disable any files and content that are excessive in size or burdensome to our systems, at our sole discretion and without limitation, notice, or liability.
5. Service Management: Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

These Legal Terms remain in effect while you access, use, or subscribe to the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTRIBUTIONS OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. IF WE TERMINATE A SERVICE FOR WHICH YOU HAVE PRE-PAID AND IT IS NOT RELATED TO YOUR BREACH OR OTHER WRONGFUL ACT OR OMISSION, WE WILL PROVIDE YOU A REFUND FOR ANY PRE-PAID UNUSED SERVICE; OTHERWISE, NO REFUND WILL APPLY UNLESS REQUIRED BY LAW.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive redress.

These Legal Terms shall remain in full force and effect while you use the Services, with certain provisions surviving termination or expiration as necessary to enforce the intent of these terms.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, at our sole discretion, without notice. However, we are under no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. There may be occasions when we experience hardware, software, or other issues, or need to perform maintenance on the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms obligates us to maintain and support the Services beyond our current policies or to provide any corrections, updates, or releases in connection with the Services.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be fully performed within the State of California, without regard to its conflict of law principles.

Any legal action brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in California, United States, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Legal Terms.

In no event shall any claim, action, or proceeding related in any way to the Services be initiated by either Party more than one (1) year after the cause of action arose.

Neither you nor we will be entitled to join or consolidate claims by or against the other with other customers or users, in court or arbitration, nor participate in any claim as a class representative, class member, or in a private attorney general capacity.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE LAST EVENT GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMITATION, AND NOT A PER EVENT LIMITATION OF LIABILITY. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services, except to the extent arising from our willful misconduct or gross negligence in providing the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.”

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Simoxy Inc.

Email: help@simoxy.com