Terms of Service

1. Acceptance of Terms

Welcome to Simply OnSite, a field service management platform operated by Data Apples Corporation ("Data Apples," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and Data Apples Corporation. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Simply OnSite provides cloud-based field service management software that enables businesses to:

• Schedule and dispatch field technicians
• Manage customer relationships and service history
• Create and track work orders
• Process invoices and payments
• Track inventory and parts
• Generate reports and analytics
• Utilize mobile applications for field operations

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful and accurate information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account password and restricting access to your account. You agree to:

• Choose a strong, unique password
• Enable multi-factor authentication when available
• Not share your password with others
• Log out of your account at the end of each session

3.3 Account Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis. Current subscription plans, features, and pricing are available on our website. We reserve the right to modify subscription plans and pricing at any time.

4.2 Billing and Payment

• Payment Authorization: By subscribing, you authorize us to charge your payment method for subscription fees
• Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: We accept major credit cards and other payment methods as indicated on our website
• Failed Payments: If payment fails, we may suspend or terminate your access to the Service

4.3 Price Changes

We reserve the right to change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Refunds and Cancellations

• Trial Period: If we offer a free trial, you may cancel before the trial ends to avoid charges
• Cancellation: You may cancel your subscription at any time from your account settings
• Refunds: Subscription fees are non-refundable except as required by law or as specified in our refund policy
• Effect of Cancellation: Upon cancellation, you will retain access until the end of your current billing period

4.5 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all applicable taxes associated with your use of the Service.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or distribute any harmful, offensive, or illegal content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit viruses, malware, or other malicious code
• Collect or harvest information about other users without permission
• Use the Service for any unauthorized commercial purpose
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, alter, or obscure any proprietary notices

5.2 Service Abuse

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this policy, including suspending or terminating their account without notice.

6. Your Data and Content

6.1 Your Data

You retain all rights, title, and interest in and to the data you submit, upload, or store through the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide the Service to you.

6.2 Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Your Data
• The means by which you acquired Your Data
• Your use of Your Data with the Service
• Maintaining appropriate backups of Your Data

6.3 Data Security

While we implement reasonable security measures to protect Your Data, you acknowledge that no method of transmission or storage is completely secure. We cannot guarantee absolute security of Your Data.

6.4 Data Retention and Deletion

Upon termination of your account, we will retain Your Data for a reasonable period to comply with legal obligations. You may request deletion of Your Data by contacting us, subject to legal and regulatory requirements.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Data Apples Corporation and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Simply OnSite," our logo, and other marks used in the Service are trademarks of Data Apples Corporation. You may not use these marks without our prior written permission.

7.3 License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Distribute, transfer, sublicense, lease, lend, or rent the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices
• Use the Service to develop competing products or services

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that the Service will perform substantially in accordance with its documentation under normal use. This warranty is void if the failure results from accident, abuse, or misapplication.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

9. Limitation of Liability

9.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATA APPLES CORPORATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Business interruption
• Loss of goodwill
• Cost of substitute services

This limitation applies regardless of the legal theory of liability (contract, tort, strict liability, or otherwise) and whether or not we have been advised of the possibility of such damages.

9.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS TO US.

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Data Apples Corporation, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your Data or any content you submit through the Service
• Any claim that Your Data caused damage to a third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate with us in defending such claims.

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or by contacting our support team.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete Your Data in accordance with our data retention policies
• You will remain liable for all fees and charges incurred before termination
• Sections of these Terms that by their nature should survive termination will remain in effect

11.4 Data Export

Upon termination, you may request an export of Your Data within 30 days. After this period, we may permanently delete Your Data.

12. Modifications to Service

12.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending you an email notification
• Displaying a notice when you log in to your account

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

12.2 Changes to Service

We may modify, update, or discontinue features of the Service at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.

13.2 Venue

Any legal action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Rice County, Minnesota. You consent to the personal jurisdiction of such courts.

13.3 Dispute Resolution

Before filing a lawsuit, you agree to first contact us and attempt to resolve the dispute informally. We will try to resolve the dispute informally by contacting you via email.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND DATA APPLES CORPORATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Data Apples Corporation regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Export Control

The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and import control laws and regulations.

14.7 Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of such third parties. Your use of third-party services is at your own risk.

15. Contact Information

If you have questions about these Terms of Service or need to contact us for any reason, please use the following information: