Terms of Service
b. “Applicable law” refers to the laws currently in force in the Hong Kong, SAR, which shall govern this agreement.
c. “Site” means this website, all related webpages, and all related websites operated by affiliates or divisions of CoinSimple, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
d. “Service” and “Services” refer to the online invoicing services and other small business–related services and Support offered through the CoinSimple Apps from time to time.
e. “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
f. “Support” means free and paid technical support and assistance provided to users by CoinSimple, and other third party contractors of CoinSimple from time to time.
g. “CoinSimple”, “we”, “us” shall refer to CoinSimple and all its affiliates and subsidiaries.
h. “CoinSimple Apps” means the Site and all mobile applications and other applications which provide access to the Services offered by CoinSimple and its affiliates from time to time.
i. “CoinSimple Parties” includes CoinSimple, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
j. “You” and “user” shall refer to any person who visits the Site or uses the CoinSimple Apps and includes a subscriber and its employees and agents.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Subscribers to certain CoinSimple Apps may provide password access to authorized users. An authorized user is a user designated by you. Such authorized users may have access to the information and perform various tasks as instructed by the subscribers which include but not limited to sharing files, creating invoices, managing files any other lawful tasks that the subscriber may prescribe. If you administer your CoinSimple account on behalf of a business or corporation, you represent and warrant that you have the right to provide passwords and access credentials to your Guest Collaborators.
CoinSimple may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. CoinSimple may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the CoinSimple Apps or the Services whatsoever is to discontinue using the CoinSimple Apps and the Services.
The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the CoinSimple Apps or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the CoinSimple Apps and the Services. CoinSimple accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the CoinSimple Apps or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
C. Conditions of Usage.
You agree to use the CoinSimple Apps and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the CoinSimple Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the CoinSimple Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
D. Other Services.
CoinSimple does not provide professional services. CoinSimple does not purport to provide you with any financial or accounting advice and you agree to release and hold CoinSimple harmless for and from any Claims (as defined below).
E. Software Notice.
F. Copyrights, Trade-Marks and Intellectual Property.
CoinSimple and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the CoinSimple Apps and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the CoinSimple Apps constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the CoinSimple Apps by a user or otherwise provided for accessing the CoinSimple Apps on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to CoinSimple a worldwide, perpetual, royalty free, non exclusive right and licence to use all content provided by the user in connection with the CoinSimple Apps and the Services for uses related to the delivery of the Services.
Materials on and relating to the CoinSimple Apps, including the content of the CoinSimple Apps and any software downloaded from the CoinSimple Apps, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, CoinSimple reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the CoinSimple Apps or any content therefrom without CoinSimple’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the CoinSimple Apps.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Services. Your use of screen shots is subject to the following:
a. No screen shot may be used from any beta version of the CoinSimple Apps unless it has been commercially released to the public;
b. the use is for illustrative purposes;
c. the use may not imply any endorsement or affiliation by or with CoinSimple;
d. the screen shot does not contain any commentary which may appear to have been attributable to us;
e. the screen shot does not contain any third party content; and
CoinSimple has rights to several trade-marks which it uses in connection with the operation of the CoinSimple Apps. CoinSimple does not grant the users any right or license to use the CoinSimple trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
G. Prohibited Use.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing the CoinSimple Apps.
No user shall be permitted to upload material into the CoinSimple Apps that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the CoinSimple Apps and the Services in a manner which could block access to, impair, damage or otherwise disable the CoinSimple Apps or any of our servers. You may not attempt to gain unauthorized access to the CoinSimple Apps or to any other user’s accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to CoinSimple in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the CoinSimple Apps, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the CoinSimple Apps under false pretences.
H. Limitation of Liability.
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COINSIMPLE PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE COINSIMPLE APPS AND ITS SERVICES AND ANY RELATED APPLICATIONS; (III) THE USE OF ANY SOFTWARE RELATED TO THE COINSIMPLE APPS; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS, DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE COINSIMPLE APPS AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE COINSIMPLE APPS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) AMOUNTS YOU’VE PAID COINSIMPLE IN THE 12 MONTH PERIOD PRIOR TO THE DATE THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
I. Termination of Service.
CoinSimple may terminate this agreement and your use of the CoinSimple Apps at any time without notice, including, without limitation, if you breach any of these terms. Subscribers may use CoinSimple on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and CoinSimple may be terminated.
a. You follow the “Close your CoinSimple Account” instructions.
b. We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
c. In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using the CoinSimple Apps indefinitely. We may at our option immediately block your access to the CoinSimple Apps.
J. Ownership and Disclosure of Information.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the CoinSimple Apps. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
a. To our lawyers in connection with any legal proceedings; and
b. To comply with a court order.
K. Third Party Links, APIs and Content.
You may when using our Site and Services be directed to websites maintained by other third party service providers.
Some of the functionality of the Services and the CoinSimple Apps interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as BitPay, Coinbase and GoCOin. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using the CoinSimple Apps and the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of the CoinSimple Apps and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of the CoinSimple Apps. The availability of such third party services in connection with the CoinSimple Apps does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.
L. Authorization to Export Data.
M. Force Majeure.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
O. Governing Law and Dispute Resolution.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Hong Kong, SAR, applicable therein as applied to agreements entered into and to be performed entirely within Hong Kong, SAR, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Hong Kong, SAR. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Hong Kong, SAR.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
P. Legal Status of CoinSimple.
The websites www.CoinSimple.com, app.CoinSimple.com and www.CoinSimpleapps.com, and the names CoinSimple and CoinSimple Apps are property of Fidelia Solutions Limited, a company incorporated under the Hong Kong, SAR Business Corporations Act.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only.
S. Information Received from Third Party Services
The Services offered by CoinSimple allow subscribers to: use third party service providers to set up payments on the subscribers’ behalf; and other services related to the CoinSimple Apps. CoinSimple works with third party service providers to retrieve financial and other information for the purpose of providing the Services. However, CoinSimple does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third party service providers in connection with any of the Services.
T. Registration Information.
Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials which allow them use the CoinSimple Apps and access the Services.
U. Consumer Issues.
You acknowledge that you intend to use the CoinSimple Apps and the Services for business purposes and not for individual consumer, household or domestic purposes.
V. No Waiver
No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.
W. Additional Terms for Additional Services
X. Digital Millennium Copyright Act.
Some of the content provided on the CoinSimple Apps from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.
Procedure for Reporting Copyright Infringement Claims: If you believe your copyright in any work has been infringed and such work is accessible through the CoinSimple Apps, you may notify CoinSimple’s copyright agent pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) for notice of claims of copyright infringement here, Attention: Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which CoinSimple may then forward to the alleged infringer:
a. identification of the copyrighted material that you believe has been infringed;
b. identification of the allegedly infringing material on the CoinSimple Apps, with sufficient detail to enable us to locate it on the CoinSimple Apps;
c. your address, telephone number and email address;
d. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
f. provide your or your agent’s physical or electronic signature.
You may provide this information in writing or by email notification to the following Designated Agent:
Attention: DMCA Office Agent Fidelia Solutions Limited 2305A, 23/F World-Wide House 19 Des Voeux Road, Hong Kong [email protected]
Upon receiving your complaint, CoinSimple may remove content that you believe infringes your copyright.
Procedure for Counter-Notification: If material that you have posted to the CoinSimple Apps has been taken down, you may file a counter-notification by contacting CoinSimple’s copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:
a. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
b. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
c. Your name, address and telephone number;
d. A statement that, notwithstanding the choice of laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for the jurisdiction of the Courts of Hong Kong, SAR, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
e. Your physical or electronic signature.
NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY’S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER’S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c).
If you have any questions regarding these Terms of Service please contact us via email at email@example.com.
These Terms of Service were last updated: January 10, 2015
These Terms of Service are effective as of: January 10, 2015