Terms of Service

The legal low-down that we have to make you aware of when using our service. Drum roll, please.

The Simple Testimonial Terms of Service

Effective date: July 14th, 2023

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Simple Testimonial Privacy Statement, available at https://www.simpletestimonial.com/privacy) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Simple Testimonial.
  3. The “Website” refers to Simple Testimonial’s website located at simpletestimonial.com, and all content, services, and products provided by Simple Testimonial at or through the Website. It also refers to Simple Testimonial-owned subdomains of simpletestimonial.com, such as embed.simpletestimonial.com. Occasionally, websites owned by Simple Testimonial may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  4. “Customer”, “The User,” “You,” and “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).
  5. “Simple Testimonial,” “We,” and “Us”, “Our” refers to Simple Testimonial, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. “Submitter” refers to an individual, company, or organization that provides user generated content to “You” through the “Service.”
  7. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, video, graphics, software, applications, designs, features, forms, sequences and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created, uploaded, or submitted by the User or Submitters. “Your Content” is Content that you create, own, or is submitted to you through the Website.
  8. “Personal Information” refers to sensitive information such as, but not limited to, contact email, phone, names, addresses, that might be collected on your behalf with Simple Testimonial.
  9. “Highly Sensitive Information” refers to sensitive information such as health records, credit card data, social security numbers, bank accounts,  race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, or information that may have additional legislation or regulations around how it is collected and stored or would cause damage to an individual if were made public.

B. Account Terms

Short version: A human must create your account; you must be 13 or over and you must provide a valid email address. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address and name in order to complete the signup process. If you are accepting these terms on behalf of a legal entity we will need more information about the legal entity.  If you opt for a paid account, additional information will be necessary for billing purposes.

2. Account Requirements

We have a few simple rules for accounts on Simple Testimonial’s Service.

3. User Account Security

You are responsible for keeping your account secure while you use our Service.

4. Additional Terms

In some situations, third parties’ terms may apply to your use of Simple Testimonial. For example, you may be a member of an organization on Simple Testimonial with its own terms or license agreements; you may download an application that integrates with Simple Testimonial; or you may integrate Simple Testimonial with another service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

YouTube Integration

If you decide to utilize Simple Testimonial’s YouTube integration, please refer to YouTube’s Terms of Service: https://www.youtube.com/t/terms. You may revoke Simple Testimonial’s access at any time via Google’s security center: https://security.google.com/settings/security/permission

Zapier Integration

If you decide to utilize Simple Testimonial’s Zapier integration please refer to Zapier’s Terms of Service: https://zapier.com/tos and understand any integrations you connect will share your data with Zapier or other connected tools to Zapier.

External and 3rd Party Integrations

If you opt to integrate Simple Testimonial via our approved APIs and integrations you will be subject to any of the privacy or terms of service that the other organization may require for you utilize their service.

5. How Your Account Information is Used

During your interaction with Simple Testimonial and when managing your account Simple Testimonial will collect information such as: name, address, email, billing information, about you and any data that you submit to Simple Testimonial. Information you provide to Simple Testimonial to download marketing materials, make an account, or update details on your organization or billing information may be used by our team for communication purposes. If you unsubscribe from Simple Testimonial you may still receive marketing emails or phone calls. You may unsubscribe from marketing emails at any time with the opt-out link in the marketing email. Simple Testimonial integrates with 3rd party billing systems, marketing automation platforms, analytical tools, and others to provide our complete services.  If you would like your information removed from our marketing database you may contact us at support@simpletestimonial.com and make a request to have any personal data removed.

C. Acceptable Use

Short version: Simple Testimonial hosts a wide variety of content from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

3. Conduct Restrictions

While using Simple Testimonial, you agree that you will not under any circumstances:

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Simple Testimonial’s express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Simple Testimonial’s API or promoted web embeddable forms or landing pages.

You may not scrape Simple Testimonial for spamming purposes, including for the purposes of selling Simple Testimonial users’ personal information, such as to recruiters, headhunters, and job boards.

All use of Simple Testimonial data gathered through scraping must comply with the Simple Testimonial Privacy Statement [https://www.simpletestimonial.com/privacy].

6. Privacy

Misuse of Simple Testimonial Submitters’ Personal Information is prohibited.

Any person, entity, or service collecting data from Simple Testimonial must comply with the Simple Testimonial Privacy Statement [https://www.simpletestimonial.com/privacy], particularly in regards to the collection of Submitters’ Personal Information. If you collect any Simple Testimonial Submitters’ Personal Information from Simple Testimonial, you agree that you will only use the Personal Information you gather for the purpose for which our Submitter has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Simple Testimonial, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Simple Testimonial, Simple Testimonial Users, and Submitters. You are responsible for compliance with any laws that may govern the use of the data you collect.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Simple Testimonial customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. Submitter Protection

You agree not to engage in activity that significantly harms Submitters. We will resolve disputes in favor of protecting Submitters as a whole.

9. Your Own Privacy and Terms of Service

When using Simple Testimonial Services on your own website through one of our embeddable Javascript widgets, iFrames, or other technology you should make it clear how you intend to use the information from the Submitter.  To use Simple Testimonial on your website you should have your own clear and reasonable Privacy Policy.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Simple Testimonial May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Simple Testimonial terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content submitted to your account through the Website. Any Content submitted to or created through your account that the Simple Testimonial User or Submitter doesn’t have the right to post should be deleted immediately in order to fully comply with any third party licenses relating to the posted Content. The Simple Testimonial User is solely responsible for ensuring their account and Content fully complies with third party licenses and applicable laws.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Simple Testimonial Users — certain legal permissions, listed below. These license grants apply to Your Content. If you upload Content that already comes with a license granting Simple Testimonial the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted to us. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in the case Your Content is video or audio.

This license does not grant Simple Testimonial the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

You may use the Simple Testimonial Service to contact your customers, clients, or people you have worked with; you grant us the right to contact these individuals on your behalf or on behalf of your organization through features in the Service.

Simple Testimonial may send confirmation emails when applicable but shall not use any of the personal information you provide about your contacts or Submitters for any of our own marketing purposes unless they have signed up as a User of Simple Testimonial. Simple Testimonial does not sell or provide this data to any third parties under any circumstance except in order to perform duties relevant to providing you the Simple Testimonial Service.

5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Simple Testimonial the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

6. Data Retention Period

The Content will be held within the Simple Testimonial service until You voluntarily removes it or your account is terminated. When Content is removed from Simple Testimonial it may take up to 30 days before the content is removed from the Simple Testimonial service. Content may remain in secured and encrypted backups for a reasonable duration for us to comply with our data recovery policies and any legal or regulatory requirements.

7. Right to be Forgotten

The Organization will provide details in a privacy policy, contact page, or in the bottom of any communications to a Content submitter with a process to request removal from the Simple Testimonial system.  Simple Testimonial message processes such as text and email will have unsubscribe options but a Submitter has the right to request you remove their personally identifiable information such as name, email, phone, and address from the system and no longer display it, use it for solicitation, or create any new advertisements or marketing using those materials.  A Submitter may reach out directly to Simple Testimonial through tos@simpletestimonial.com and we reserve the right to intervene and remove any data as we see fit.

8. Right to Request Data

A Content submitter has the right to know what data is stored about them. They may request this information from you and you may contact Simple Testimonial for assistance in retrieving this information at tos@simpletestimonial.com. If they directly request this information from Simple Testimonial we have a right to verify their identity and provide this information.

9. Highly Sensitive Information

Under no circumstance should you use Simple Testimonial to collect any content that would be considered Highly Sensitive Information such as Personal Health Information (PHI), credit card numbers, bank account information, social security information, or data that could be extremely damaging to an individual if it was made public.

E. Copyright Infringement and DMCA Policy

If you are a copyright owner and you believe that content on Simple Testimonial violates your rights, please contact us by emailing tos@simpletestimonial.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

Simple Testimonial reserves the right to terminate the User, their account, and Content without notice if they infringe this policy.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Simple Testimonial’s Rights to Content

Simple Testimonial and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Simple Testimonial. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Simple Testimonial.

2. Simple Testimonial Trademarks and Logos

If you’d like to use Simple Testimonial’s trademarks, you must follow all of our trademark guidelines.

G. API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of Simple Testimonial’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Simple Testimonial.

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Simple Testimonial via the API may result in the temporary or permanent suspension of your account’s access to the API. Simple Testimonial, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not use the API to download data or Content from Simple Testimonial for spamming purposes, including for the purposes of selling Simple Testimonial users’ personal information, such as to recruiters, headhunters, and job boards.

All use of the Simple Testimonial API is subject to these Terms of Service and the Simple Testimonial Privacy Statement [https://www.simpletestimonial.com/privacy].

H. Truth-in-Advertising

Short version: You are responsible for how you use your collected feedback and testimonials. If you compensate individuals that give you a review you should clearly outline to your audience that it was incentivized or a paid promotion.

In the United States The Federal Trade Commission (FTC) regulates advertising and marketing and has the authority to file lawsuits and impose penalties against companies that do not comply with its rules. You are responsible for abiding by any local, state, federal, or governing laws regarding how you use, promote or edit your feedback and testimonials.

I. Payment

Short version: You are responsible for any fees associated with your use of Simple Testimonial. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at https://www.simpletestimonial.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

3. Billing Schedule; No Refunds

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Simple Testimonial.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the
Service. By using the Service, you agree to pay Simple Testimonial any charge incurred in connection with your use of the Service. If you dispute the matter, contact Simple Testimonial Support at wecare@simpletestimonial.com. You are responsible for providing us with a valid means of payment for paid accounts. Failed payments or failure to pay for your subscription will result in the cancellation and the permanent destruction of your account and all related Content, as outlined in the Cancellation and Termination section of this Agreement.

J. Cancellation and Termination

Short version: You may cancel your subscription at any time through the Website. If you do, you are acknowledging that you want your account and Content destroyed.

1. Subscription Cancellation

It is your responsibility to properly cancel your subscription with Simple Testimonial through the Website. You can cancel your subscription at any time by going into your Simple Testimonial Subscription settings in the navigation bar. The subscription screen provides an easy way to cancel your account. A subscription may not be cancelled through email, phone, or any other method other than through the Website and the Simple Testimonial Subscription settings screen.

2. Upon Cancellation

Simple Testimonial will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Barring legal requirements, we will destroy your full account and the Content associated with your account within 90 days of cancellation or termination. This information can not be recovered once your subscription is cancelled and the 90 days has passed.

3. Simple Testimonial May Terminate

Simple Testimonial has the right to suspend or terminate your Content and access to all or any part of the Service and Website at any time, with or without cause, with or without notice, effective immediately. Simple Testimonial reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

K. Communications with Simple Testimonial

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Simple Testimonial Must Be in Writing

Communications made through email or Simple Testimonial Support’s messaging system will not constitute legal notice to Simple Testimonial or any of its officers, employees, agents or representatives in any situation where notice to Simple Testimonial is required by contract or any law or regulation. Legal notice to Simple Testimonial must be in writing to: 301 Williamston Center Rd STE 700, Williamston, MI 48895.

L. Idea Submissions

Short version: In the event that you submit ideas to us and we implement them, you will not be compensated.

If you choose to submit or post any ideas, suggestions, designs, photos, information, code, advertisements, data or proposals, including the ideas for completely new products, features, or improvements to existing technologies you agree that the submitted information will be automatically treated as non-confidential and will not be proprietary. The information submitted to us will become the sole property of Simple Testimonial and there will be no obligation for compensation or credit to you whatsoever. Simple Testimonial and any affiliated businesses have no obligations with respect to the submissions or posts and may use the ideas contained freely, in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

M. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Simple Testimonial provides the Website and the Service “as is” and “as available”, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether expressed, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Simple Testimonial does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content or other material obtained from the Service.

N. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

The User understands and agrees that Simple Testimonial will not be liable to the User or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Simple Testimonial liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

You accept full responsibility for what your own Privacy Policies or Terms of Service may or may not include and will not hold Simple Testimonial liable for any omissions or errors in your own documentation. You may not make claims in your own Terms of Service that are against applicable laws, or that would contradict the default provided Simple Testimonial Terms of Service.

O. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Submitters, you agree to release Simple Testimonial from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Simple Testimonial (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Simple Testimonial of all liability); and (3) provides to you all reasonable assistance, at your expense.

P. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any
changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. Processing and Privacy Addendums

Our Data Processing Agreement [https://www.simpletestimonial.com/dpa] under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.

Our California Privacy Addendum [https://www.simpletestimonial.com/cpa] under the California Consumer Privacy Act of 2018 forms part of these Terms of Service.

R. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Simple Testimonial and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Michigan, without regard to conflict of law provisions. You and Simple Testimonial agree to submit to the exclusive jurisdiction and venue of the courts located in Ingham County, Michigan, United States.

2. Non-Assignability

Simple Testimonial may assign or delegate these Terms of Service and/or the Simple Testimonial Privacy Statement [https://www.simpletestimonial.com/privacy], in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Simple Testimonial to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Simple Testimonial, or by the posting by Simple Testimonial of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the Simple Testimonial Privacy Statement [https://www.simpletestimonial.com/privacy], represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Simple Testimonial relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us suppoprt@simpletestimonial.com.