Terms of Use & Service Agreement Effective Date: 01-15-25

These Terms may be updated at any time. Continued use of our Services indicates acceptance of the current version.

These Terms of Use ("Terms") govern your access to and use of the website, services, software, and products ("Services") provided by Simplex Marketing System LLC ("Simplex," "we," "our," or "us"). By using our Services, you agree to be bound by these Terms and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SERVICES.

1. Grant of License

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your personal or internal business use, in accordance with these Terms. This license automatically terminates if you violate any part of these Terms. You may not:

- Modify, copy, distribute, or reproduce any part of our Services without written permission.

- Use the Services for any unlawful purpose or in a way that could harm Simplex or any third party.

- Reverse engineer or attempt to extract the source code of our software.

2. User Conduct

You agree not to use the Services to:

- Upload or share harmful, unlawful, or infringing content;

- Disrupt the integrity or performance of the Services;

- Attempt to gain unauthorized access to our systems.

3. Ownership & Intellectual Property

All materials, branding, templates, and tools offered by Simplex remain our intellectual property. You retain ownership of your user-generated content but grant us a non-exclusive, worldwide, royalty-free license to use it solely to provide the Services. If you submit any feedback or suggestions, we may use them without any obligation or compensation to you.

4. Privacy Policy

Our Privacy Policy governs how we collect and use your information. It is available at: https://www.smplx.ai/privacy. By using the Services, you consent to the practices outlined in our Privacy Policy.

5. Subscription & Payment Terms

Our Services may be billed on a recurring subscription basis. By signing up, you agree to:

- Provide accurate and updated billing information;

- Be charged automatically at the start of each billing cycle;

- Pay all applicable fees in U.S. dollars.

- You are responsible for any bank fees, chargebacks, or penalties resulting from failed or disputed payments.

We reserve the right to change subscription pricing with prior notice. If you disagree with the changes, you may cancel before the next billing cycle.

6. Usage Fees

In addition to subscription fees, Simplex charges usage-based fees for its communication tools:

Phone & SMS System:

$0.021 per minute for outbound calls (Not Voice AI, Regular Voice Calls)

$0.0128 per minute for inbound calls (Not Voice AI, Regular Voice Calls)

$0.0119 per SMS message segment

For example, $10 provides approximately:

475 minutes of outbound calls

780 minutes of inbound calls

840 SMS segments

Voice AI Usage Fees
Voice AI minutes are billed separately based on service tier and call type. Rates range from $0.25 to as low as $0.14 per minute, depending on usage volume and feature selection (e.g., NLP processing, live transfer routing, multi-language models). Final pricing is outlined in your service agreement or quote and is subject to change with prior notice.

These usage charges are billed in addition to your base subscription and invoiced monthly.

7. Refund Policy

We offer a fair, structured 30-day money-back guarantee to give you time to experience the platform.

To qualify for a refund, you must:

(a) complete two onboarding sessions, with the first session scheduled and attended within seven (7) calendar days of the purchase date, and (b) submit your refund request within thirty (30) calendar days of the initial payment.

Refund requests must be submitted through the appropriate request form or via email to [email protected]. After submission, you agree to participate in a brief feedback call (approximately 10 minutes) with a member of our Success Team. If your concerns are not resolved during this call, a full refund of your setup or subscription fee will be issued within three (3) business days.

Usage-based charges, including but not limited to Voice AI minutes, outbound/inbound call fees, SMS segment fees, and purchases from any connected marketplaces, are strictly non-refundable.

After the initial 30-day period, all payments are non-refundable, and no credits will be issued for partial use or mid-cycle cancellations.

8. Cancellation Policy

All cancellation requests must be submitted in writing to [email protected]. You may cancel your subscription at any time. Your access will continue until the end of your current billing cycle. We do not offer prorated refunds.

9. Delinquent Payments

Failure to make timely payments may result in account suspension or termination. We will notify you in the event of payment failure and may terminate access if payment is not received within 30 days.

10. Service Portability & Transfers

Templates, automations, and platform-specific configurations are proprietary to Simplex and may not be exported to third-party platforms. Export requests are reviewed case-by-case and are not guaranteed.

11. Third-Party Services

We are not responsible for the availability, accuracy, or content of third-party services linked or integrated with Simplex.

12. Modifications to Terms

We may revise these Terms at any time. We will notify users via email or dashboard updates. Continued use of the Services constitutes acceptance of updated Terms.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California. Any legal action must be brought in the courts located in San Bernardino County, California.

14. Dispute Resolution

Each party agrees to waive the right to a jury trial or to participate in any class action or class arbitration. Before initiating any legal proceeding, you agree to attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved informally, both parties agree to binding arbitration in San Bernardino County, California, under the rules of the American Arbitration Association.

15. Marketing Communications

By creating an account or purchasing services, you consent to receive email communications, newsletters, and promotional messages from us. You may opt out at any time by clicking the "unsubscribe" link in any such communication.

16. Taxes

All prices are exclusive of any applicable taxes. You are responsible for paying all taxes, levies, or duties imposed by taxing authorities in your jurisdiction. If required by law, Simplex may collect sales tax based on your billing address.

17. Limitation of Liability

To the maximum extent permitted by law, Simplex shall not be liable for indirect, incidental, or consequential damages arising from the use of our Services.

18. Contact Information

For questions or concerns regarding these Terms, contact us at:

Email: [email protected] Phone: (909) 552-8700

19. Entire Agreement
These Terms, along with our Privacy Policy and any signed agreements or order forms, constitute the entire agreement between you and Simplex. They supersede all prior or contemporaneous communications, whether oral or written.