Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Simply SharePoint ("Company," "we," "us," or "our") governing your access to and use of Fix the Mess™ Studio, including our website, application, services, and related content (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

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

You may not share your account credentials with others or allow others to access your account. You are solely responsible for any and all activities conducted through your account.

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion.

3. Subscription Plans and Billing

3.1 Subscription Plans

Fix the Mess™ Studio offers various subscription plans with different features and pricing. Current plans include:

• Individual Plan: $49 per month for individual users
• Teams Plan: $40 per user per month (billed based on team size)
• Enterprise Plan: Custom pricing for large organizations

We reserve the right to modify our pricing and plans at any time. Price changes will not affect your current subscription period but will apply upon renewal unless otherwise specified.

3.2 Billing and Payment

By subscribing to a paid plan, you agree to pay all applicable fees and charges. Payments are processed through our third-party payment processor (Kit Commerce). You authorize us to charge your designated payment method on a recurring basis according to your selected billing cycle (monthly or annually).

All fees are non-refundable except as expressly stated in these Terms or required by law. You are responsible for providing accurate and current billing information and for maintaining a valid payment method.

3.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current subscription fee for the renewal period. We will provide notice of upcoming renewals and any price changes.

3.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellations take effect at the end of your current billing period. You will retain access to the Service until the end of the paid period, but no refund will be provided for the remaining time in your current billing cycle.

3.5 Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. These offers are subject to specific terms and conditions, which will be communicated at the time of the offer. Unless you cancel before the trial period ends, you will be automatically charged for a paid subscription.

3.6 Taxes

All fees are exclusive of applicable taxes, duties, and similar governmental charges. You are responsible for paying all such taxes associated with your subscription, except for taxes based on our net income.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, icons, images, blueprints, methodologies, and other materials (collectively, "Company Content"), is owned by Simply SharePoint and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

"Fix the Mess™" is a trademark of Simply SharePoint. You may not use our trademarks without our prior written permission. The Simply SharePoint methodology, blueprints, and all related intellectual property remain our exclusive property.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period. This license does not include the right to:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any proprietary notices or labels
• Use the Service to develop competing products or services
• Frame or mirror any content from the Service
• Use automated systems (bots, scrapers) to access the Service

4.3 Your Content

You retain ownership of all content, data, and materials you create, upload, or store using the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to all User Content and that your User Content does not violate any third-party rights or applicable laws.

4.4 Blueprints and Methodology

The SharePoint blueprints, templates, and Fix the Mess™ methodology provided through the Service are proprietary intellectual property. Your subscription grants you the right to use these materials for your internal projects and client implementations, but you may not:

• Resell, redistribute, or sublicense the blueprints or methodology
• Claim authorship or ownership of the blueprints or methodology
• Create derivative works based on the blueprints for commercial distribution
• Share your account access with others to circumvent subscription requirements

You may use the blueprints and methodology to deliver services to your clients, and you may customize the outputs for specific client implementations. Attribution to Simply SharePoint is appreciated but not required for client deliverables.

4.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

5. Acceptable Use Policy

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

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to transmit harmful, offensive, or illegal content
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other systems
• Use the Service to send spam, phishing attempts, or malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without their consent
• Use the Service in any manner that could damage, disable, or impair the Service
• Circumvent any security features or access controls
• Use the Service to compete with us or develop competing products

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including suspending or terminating accounts and reporting violations to law enforcement.

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

You are responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws, including GDPR, CCPA, and other regulations that may apply to your business or location.

7. Service Availability and Support

7.1 Service Availability

We strive to provide reliable and continuous access to the Service. However, we do not guarantee that the Service will be available at all times or that it will be error-free. The Service may be subject to:

• Scheduled maintenance and updates
• Unscheduled downtime due to technical issues
• Interruptions caused by third-party service providers
• Force majeure events beyond our reasonable control

We will make reasonable efforts to notify you of scheduled maintenance in advance. We are not liable for any losses or damages resulting from Service unavailability.

7.2 Customer Support

We provide customer support through email and our knowledge base. Support availability and response times vary by subscription plan:

• Individual Plan: Email support with best-effort response times
• Teams Plan: Priority email support
• Enterprise Plan: Dedicated support with defined SLAs

7.3 Service Modifications

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

8. Disclaimers and Warranties

8.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the Service

8.2 Professional Advice Disclaimer

Fix the Mess™ Studio is a planning and design tool. The blueprints, methodologies, and guidance provided through the Service are for informational purposes only and do not constitute professional advice. You are responsible for:

• Evaluating the suitability of any designs or recommendations for your specific needs
• Ensuring compliance with your organization's policies and requirements
• Testing and validating any implementations before deployment
• Seeking professional consultation when necessary

We make no guarantees about the outcomes of using the Service or implementing designs created with the Service.

8.3 Third-Party Services

The Service may integrate with or link to third-party services, websites, or content. We do not endorse, control, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMPLY SHAREPOINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES ARISING FROM ERRORS, MISTAKES, OR INACCURACIES IN CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

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

10. Indemnification

You agree to indemnify, defend, and hold harmless Simply SharePoint, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content or any content you submit through the Service
• Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes.

11.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

11.3 Arbitration

If we cannot resolve a dispute informally within 60 days, either party may initiate binding arbitration. Arbitration will be conducted by a single arbitrator in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration will take place in Australia, and the language of arbitration will be English.

Each party will bear its own costs of arbitration, and the arbitrator's decision will be final and binding. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

11.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Simply SharePoint regarding the Service and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

12.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

12.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

12.6 Survival

Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

12.7 Notices

We may provide notices to you via email to the address associated with your account or by posting notices on the Service. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to us should be sent to [email protected].

12.8 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to embargo or designated as a "terrorist supporting" country, and that you are not on any prohibited or restricted party list.

13. Contact Information

If you have questions about these Terms or the Service, please contact us: