General SimplyGroup Terms and Conditions Version 3
Terms and Conditions
Last Updated on : November 1, 2022
By registering, renewing, or accessing any parts of the SimplyGroup website(s) or service you indicate that you agree to these terms and conditions both personally and on behalf of your company.

Please read these Terms and Conditions (“Terms”) carefully before using the services offered by SimplyGroup (“the Service”) operated by SimplyGroup, Inc. (“us”, “we”, or “our”). These Terms sets forth the legally binding terms and conditions and constitutes the entire agreement between you and SimplyGroup for your use of the Service. The term “you” or “User of Service” refers to your Company and shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service.

By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Service, subscribing to automated emails or contributing content or other materials to the Service, you agree to be bound by these Terms (“Agreement”). Capitalized terms are defined in these Terms. Please note that unless otherwise indicated on a case by case basis, all prices in these terms of agreement and all prices provided by SimplyGroup are in US dollar (USD)
The Service
The Service is a lead generation tool for B2B companies. We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service. We might, at our sole discretion and from time to time, offer you free trials of the Service or selected features of the Service for a limited time period. Once the free trial period ends, your access to such trial features terminates.
Eligibility
The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms.
Whenever we make changes to these Terms, the changes are effective Immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check this page regularly for updates.
Account Registration
You must register to use certain features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us using our contact form.
Fees and Payment
You agree to pay your invoices based on the subscription package you select and its terms and conditons. Qualified leads are described as any individual person’s identity that is verified by SimplyGroup to have visited your website and/or clicked on your links or ads. SimplyGroup reserves the right to implement fees or change the fees for the Service at any time by providing you notice on the Service or otherwise. All prices are exclusive of any value-added taxes. Paid Services may be purchased with a credit card or by periodical invoice billing. When you purchase any Paid Services by credit card, you authorize SimplyGroup or its third-party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. When you purchase any Paid Services by periodical billing you shall provide us with the appropriate invoicing details and SimplyGroup will invoice you in beforehand using the information provided by you. Payment term for invoices is 14 days net from date of invoice. If SimplyGroup does not receive payment from you or your credit card provider, you agree to pay all amounts due upon demand and SimplyGroup may suspend your access to the Service until full payment is received or terminate the Service. All sales are final and SimplyGroup will not issue refunds, including for prepaid periodical fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. SimplyGroup does not refund automatic payments not cancelled in time.
Trials & Integrations
You understand that some integrations may not be available during the trial period, and they will become available upon eligibility. This may include requirements for payment, deposits, credit card authorizations or other mechanisms. This is designed to protect our system from misuse of free features and verify your identity for security reasons.
Use Restrictions
Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable, and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services. Without limiting the generality of the foregoing, you may not: access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; bypass or circumvent measures employed to prevent or limit access to the Service or certain features of the Service; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; violate any applicable local, provincial, national, or international law or regulation; or We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
Intellectual Property and Trademarks
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service, and any services available in connection with the Service including any new Ad accounts that we may create for your business. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Service or any third-party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders. SimplyGroup, SimplyGroup logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of SimplyGroup and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. You agree that you will not try to reverse engineer or otherwise identify any trade secrets or operations of the SimplyGroup system and agree that any attempt in doing so will be subject to damages. You also agree that you will not share or publicize any of SimplyGroup’s operations, trade secrets, techniques or anything that would be unique to SimplyGroup’s business or software.
Availability and Disclaimer of Warranties
Your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding SimplyGroup that is not expressly stated in these Terms. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY SimplyGroup HEREUNDER, THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND SimplyGroup (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. SimplyGroup MAKES NO WARRANTY THAT THE SERVICES (A) WILL MEET CUSTOMER’S REQUIREMENTS; OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE BASIS.
Term, Cancellation and Termination
Term of the Paid Services enters into force when this agreement is accepted. We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All refunds are subject to a twenty-five percent deduction. Twelve percent is for credit card processing as they do not return the fees and thirteen percent is for administrative fees for SimplyGroup.
Data from third party services
SimplyGroup has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services from where data is integrated to SimplyGroup. SimplyGroup may provide you SimplyGroup Contacts data from other sources (“Data Source”) and in relation to such data in the Service you agree to the following additional terms: you agree not to use any Data Source (whether alone or in combination with any other data) in any manner that violates the The Applications Policy, or any of the restrictions set forth in Section 5 hereof; you agree to provide commercially reasonable physical and logical security controls to prevent security breaches or unauthorized access to Data Source that you are authorized to download from the Service; except for exporting the Data Source through the functionalities provided by the Service, all rights to Data Source are limited to use within the Service; all rights to Data Source automatically terminate upon termination of your subscription term or by notice from SimplyGroup; you agree to delete all Data Source upon termination of your subscription or by notice from SimplyGroup, other than any Data Output that has been derived from Data Source in compliance with these Terms prior to the termination or expiration date; you agree not to use any data Data Source from the Service: for cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including email) in violation of the law applicable to these Terms or applicable in your domicile; to determine any person's employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person's manner or mode of living; or in any manner that exceeds the scope of the rights granted in these Terms or the limits or restrictions set forth in these Terms. For the purposes of this section 9 “Data Output” means any data, reports, analysis or other output developed by or on behalf of you that are derived from Data Source; provided that such Data Output: (a) does not contain all or any substantial part of the original Data Source in unaltered form or provided on a stand-alone basis, and (b) is not capable of being reverse engineered, decompiled, disassembled or otherwise modified to obtain the original, unaltered form of the Data Source.
Links To Other Sites and Services
Our Service may contain links to third-party sites that are not owned or controlled by SimplyGroup. SimplyGroup has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Privacy Notice
By using the Service, you consent to receiving electronic communications and phone calls from us. These communications may include notices about your account and information concerning or related to the Service.
Customer Data
You, your subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that you, or another party on your behalf, provides to us for the purpose of providing the Service (“Customer Data”). For the avoidance of doubt, Customer Data is considered Confidential Information. We have the right to anonymize Customer Data including data disclosed, used or developed by you in connection with your use of the Service and use such data to compile statistics and to monitor and improve our Services. You will defend, indemnify and hold harmless SimplyGroup, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of any claims or actions by any third party that relates to an actual or alleged infringement of a third party’s intellectual property rights by the Customer Data.
Limitation of Liability
NEITHER SimplyGroup NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SimplyGroup OR ANY SUPPLIER OR LICENSOR OF SimplyGroup HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT. SimplyGroup’S MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE IN RELATION TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED USD (100 USD). ANY LIMITATIONS OF LIABILITY UNDER THIS SECTION 14 SHALL NOT APPLY IN THE EVENT OF DEATH, PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION OR IN THE EVENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
Governing Law and Dispute Resolution
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada , without giving effect to any principles of conflicts of law. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ontario, Canada. The seat of arbitration shall be the Greater Toronto Area. The number of arbitrators shall be one. The language of the arbitration shall be English.
Changes To These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
Confidentiality
Both parties agree to keep private all processes, trade secrets, techniques or anything that is unique to their business private and not shared privately or publicly with any person outside of their organization and outside of the need-to-know basis to execute this agreement. You agree not to make any public statements about SimplyGroup.
Removal of Old Leads
We reserve the right to remove any leads older than 31 days from your dashboard to speed up the platform’s performance and organization. You are solely responsible to ensure you download your leads in a timely manner and we are not responsible for access to leads after 31 days. After 31 days, these leads will be deleted completely from our system and they will be unable to be recovered.
Renewals
All annual renewals will be subject to an additional $500 USD renewal fee upon automatic or manual renewal. Renewals are non-refundable, no exceptions.
Cancellation of Trials
To cancel your trial you must contact us directly before 7 days (or any other duration mentioned on your contract). Removing a payment method or any other half measures to will not be accepted as a cancellation notice. If you do not cancel your trial during the indicated number of days, all sales are final and you will not be refunded. No exception.
Payment Disputes & Collection Fees
Customer agrees that if any payments under this agreement are disputed with their credit card provider, there will be a $1999 fee payable to SimplyGroup for the processing of this dispute. This is only applying to the payment charged within the payment terms of this agreement. Customer also understands that even if the payment processor settles the dispute in the customers favor this does, it does not conclude the matter and SimplyGroup reserves the right to collect payments owed under the terms of this agreement through collection efforts and/or legal proceedings. In addition to the $1999 fee payable for the processing of the payment dispute, if the matter is sent to collection efforts or legal proceedings, there will be an additional $2500 fee for the additional processing needed. All outstanding balances or items in collection shall incur an interest of 21% per annum or the highest amount applicable by law plus an additonal $2500 late payment per year.
Order of Precedence
In the event of any conflict or inconsistency between (i) these Terms of Use and (ii) any other document or communication, the original signed Subscription Document shall control.
Non-Binding Communications
All discussions—whether conducted verbally, via email, text, or any other form of communication—are non-binding unless incorporated into a written agreement signed (in physical or electronic form) by both parties.
Other Terms
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.