Terms of Service
Revised March 22, 2024
Simple Wallet is licensed to You (End-User) by Simple Wallet Inc., located at 605 11 Ave SW #200, Calgary, Alberta, Canada T2R 0E1 (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Simple Wallet Inc., not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Simple Wallet Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Simple Wallet (hereinafter referred to as "the Application") is a software designed to simplify your financial management. It helps to streamline the organization of your finances by consolidating all your financial accounts into one intuitive interface, enabling you to track your spending and receive real-time notifications with ease. Simple Wallet facilitates the organization of digital transactions, aiming to reduce the complexity of financial management. This Application is developed to make financial oversight more accessible, without the intent to replace professional financial advice or services.
Please be aware that Simple Wallet is not designed to meet the requirements of industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) in healthcare, the Federal Information Security Management Act (FISMA) for federal information systems, or the Gramm-Leach-Bliley Act (GLBA) concerning financial institutions. Consequently, if your use of Simple Wallet would fall under the purview of these or similar regulations, it is important to recognize that this Application may not be suitable for your needs.
We advise potential users whose interactions could be subject to such laws to consult with a professional to ensure compliance. Simple Wallet is intended for general personal finance management and should not be used in any manner that necessitates adherence to these specific regulatory frameworks.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Simple Wallet Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 As a user of Simple Wallet, you are prohibited from reverse engineering, translating, disassembling, decompiling, modifying, creating derivative works from, or attempting to derive the source code of the Application, except as explicitly permitted by Simple Wallet Inc. in writing. This restriction is in place to protect the proprietary technology and intellectual property embedded within the Application, ensuring the security and integrity of its features and functionalities. Such actions could compromise the Application's performance and the security of user data. Additionally, unauthorized modifications or interference with the Application may result in vulnerabilities or deviations from intended use, potentially harming both the user experience and the broader user community.
2.5 Direct copying, altering, or modifying the Application or any portion thereof is not permitted, except as explicitly authorized by this license and the Usage Rules. You are allowed to create and store copies solely for backup purposes, under the condition that these copies are kept on devices that you own or control, in accordance with this license, the App Store Terms of Service, and any applicable terms and conditions. Removing intellectual property notices from the Application or allowing unauthorized third parties access to copies is strictly prohibited.
2.6 Failure to comply with these obligations, including attempts at infringement, may lead to legal action and potential damages. This ensures the protection of the Application's proprietary elements and the equitable use among all users.
2.7 Simple Wallet Inc. reserves the right to modify the terms and conditions of this license as necessary. Any changes will be communicated to you and will govern future use of the Application and any updates.
2.8 This license does not override third-party terms and conditions. When using the Application, you must ensure compliance with any applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version iOS 16.5 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Simple Wallet Inc. and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://simplewallet.app/privacy-policy.
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
6.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
6.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
6.3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
6.4. Your Contributions are not false, inaccurate, or misleading.
6.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6.7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
6.8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
6.9. Your Contributions do not violate any applicable law, regulation, or rule.
6.10. Your Contributions do not violate the privacy or publicity rights of any third party.
6.11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
6.12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
6.13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
6.14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
AI Model Training and Usage of User-Generated Data
By using the Application, you acknowledge and agree that we may collect and use your contributed data and interactions within the Application ("User Contributions") to train our artificial intelligence (AI) models. The purpose of this data usage is to enhance the Application's features, improve user experience, and provide personalized suggestions, such as but not limited to suggesting categories based on your usage patterns. This section outlines how we handle and utilize your User Contributions for AI model training:
Purpose of Data Use: The AI models utilize User Contributions to learn and make predictions or decisions, primarily to enhance the Application's functionalities and personalize your experience. This may include, but is not limited to, providing personalized financial management suggestions, improving transaction categorization, and offering tailored financial insights.
Data Collection and Use: User Contributions used for AI training may include data related to your usage of the Application, such as transaction categories, spending habits, and other related financial data. We will process and utilize this data in a manner that respects your privacy and confidentiality, adhering to our Privacy Policy and applicable laws and regulations.
Consent: By continuing to use the Application, you provide your consent for us to use your User Contributions in the manner described herein. You have the option to withdraw your consent at any time by contacting us through the provided contact information. However, withdrawing consent may affect the availability or quality of certain features of the Application that rely on this data.
Data Protection and Privacy: We are committed to protecting your privacy and ensuring the security of your data. Our use of User Contributions for AI model training will comply with our Privacy Policy, which describes how we collect, use, and protect your data. We will take appropriate measures to ensure that User Contributions are de-identified and anonymized where possible to protect your privacy.
Changes to Data Use Policy: We reserve the right to modify how we use User Contributions for AI model training. Any changes to this policy will be communicated through updates to this License Agreement and/or our Privacy Policy. Your continued use of the Application after such changes constitutes your acceptance of the new terms.
By agreeing to this License Agreement, you acknowledge that you have read and understood this section and agree to the use of your User Contributions for AI model training as described above.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.3 The Platform is only a set of tools to help User understand the extent of their assets, by gathering and analyzing the data User has entered. Simple Wallet does not guarantee the completeness or the updating of this data, which is the sole responsibility of the User.
Simple Wallet shall not be liable for any decisions made by User or any third party designated by User, nor for the success of any transaction or investment of any kind that User may wish to engage in after registration on the Platform. Simple Wallet shall not be liable for any Content posted by User on the Platform, which it does not control, verify or moderate in any way.
8.4 Simple Wallet will regularly check the operation and accessibility of the Platform and the Site. Simple Wallet reserves the right to temporarily suspend access to the Platform for maintenance purposes.
Similarly, Simple Wallet shall not be liable for temporary difficulties or impossibilities in accessing its Application due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks, Users being advised of the complexity of global networks and the influx of Internet users at certain times.
8.5 The Services are provided by Simple Wallet on an "as is" basis without warranty of any kind, either express or implied. In particular, Simple Wallet does not warrant to Users that (i) the Services, being subject to continuous research to improve performance and progress, will be free from errors, defects or deficiencies, (ii) the Services, being standard and not offered solely for the use of a particular User based on his or her own personal constraints, will specifically meet his or her needs and expectations.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Simple Wallet Inc.'s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Simple Wallet Inc. about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Application is defective, Simple Wallet Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Simple Wallet Inc. and the End-User acknowledge that Simple Wallet Inc., and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Email: support@simplewallet.app
Address: 605 11 Ave SW #200, Calgary, Alberta, Canada T2R 0E1
13. TERMINATION
The license is valid until terminated by Simple Wallet Inc. or by You. Your rights under this license will terminate automatically and without notice from Simple Wallet Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Simple Wallet Inc. represents and warrants that Simple Wallet Inc. will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Simple Wallet Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Simple Wallet Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of Canada excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.