Terms and Conditions

Terms and Conditions of Services

Before using Simplify Referrals website (simplifyreferrals.com) and its services/products, you must read these terms and conditions carefully. By using the site and/or the services/products, you agree to accept these terms and conditions. If you do not accept these terms and conditions, you may not use the site and/or the services/products.

Contact Us

For any more information or questions about our privacy policy or how we process the information you provide us, please contact us using the information furnished below.

Simplify Referrals Inc.

US Office address:

950 N Washington, Suite 404

Alexandria, VA 22314

India Office address

950 N Washington, Suite 404

Alexandria, VA 22314

Email: admin@simplifyreferrals.com

Account Creation Terms

Accounts registered and created by “bots” or other automated methods are not allowed to operate.
You are solely responsible for maintaining the security of your account and password. Simplify Referrals cannot and will not be liable for any loss or damage that is caused by your failure to comply with this security obligation.
You are solely responsible for all contents posted and activities that occur under your account. You may not use the subscribed services for any illegal or unauthorized purpose. You must not, in the use of the Subscription Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

Service/Product Subscription

The service/product subscription include the respective features and functionalities under your plan (e.g., Forever Free, Agency, Enterprise) as stated on our Pricing Page.

Billing

All credit card payments will be collected online via our secure checkout page. You select the plan and payment length. All ACH transfers and checks must be paid annually.

Support

Normal Support

Normal support is available Monday through Friday from 9am–5pm Eastern Standard Time (EST), excluding US bank holidays, through email and application chat. Expected turnaround time is 1–2 hours. Phone support phone calls and remote screen shares can be scheduled as needed.

Critical Support

Critical support issues regarding servers, web site, and other service-wide accessibility issues are covered 24×7. Expected turnaround time is 1-2 hours to diagnose the problem and potentially redirect traffic to backup servers as necessary.

Exclusions

Errors or problems that have been caused by something beyond our control (i.e., a customer’s inability to connect to the internet, using the system in a way it was not designed, unsupported browsers, or hardware issues) do not constitute as critical support and may be supported at our discretion.

Onboarding and Set-Up

Onboarding/set-up support is guaranteed during the first thirty (30) days of your paid contract for customers who paid annually or paid the onboarding fee. It is the discretion of Simplify Referrals as to whether to extend onboarding support past thirty (30) days.
Onboarding support consists of three (3) forty-five-minute (45-minute) phone calls, conducted over Zoom. These include: a Kickoff call, Integration call, and Pre-Launch/Audit Review call. Customers will work with their Customer Success Manager to schedule each call.
All customers are responsible for setting up their referral program(s) and associated external integrations. See Simplify Referrals Integration Support Policy below.
Simplify Referrals does not guarantee any same-day meetings. It is the discretion of the Customer Success Manager and their availability to accommodate last minute meeting requests.
All customers have access to chat and email support throughout the duration of their contract. Chat/Email support is not a replacement to onboarding support and customers should defer to their assigned Customer Success Manager (if applicable) when requiring onboarding support.
Chat support response time varies depending on the availability of our team. Please expect longer response time during peak times (US morning working hours) and offline hours.
Chat representatives will often reference our Knowledge Base and other resources when answering questions. Please be mindful of the volume of chats our team receives while awaiting a response.
Simplify Referrals has a zero tolerance policy for any form of harassment (verbal or written) when speaking with a member of our Support team.
Simplify Referrals has the right to suspend or terminate Customer’s account, cancel onboarding, and refuse any and all current or future use of the Service for any violation of this agreement or harassment of our team.
Customers may use our general support email, info@simplifyreferrals.com, but should expect a delay in response when using this email alias.
If there is an emergent product issue (product is down),or general security concern, customers may email info@simplifyreferrals.com.
It is highly suggested that customers work with their Customer Success Manager on an ideal referral program launch time.
It is not recommended to launch your referral program in the late afternoon or on the weekend, when Simplify Referrals support is offline.
Access to our Knowledge Base and API documentation is available 24/7.

Integration Support Policy

Integrations and troubleshooting that go beyond the scope of Simplify Referrals’s software (including, but not limited to: custom development work, nuances of external systems, or researching documentation) are not included in the Customer Success package. If integration problems arise that cannot be resolved, the Customer Success Manager may propose alternative solutions to complete referral program setup. In the instance where the customer chooses to forego those suggestions, it will be up to the customer to resolve their integration issues, and not the responsibility of Simplify Referrals.

Email

List Management Policy

All users of the Subscription Services must agree to sending only permission-based email. This means all email recipients must have opted-in to receive communications from the sending organization. You may only import email addresses if they previously opted-in through another channel. Purchased lists may not be used within the Simplify Referrals system, regardless of the source or permission status.

As a user of Simplify Referrals’s services, you may not:

Harvest emails from websites
Purchase lists (whether they are opt-in or not)
Rent lists
Borrow or lend lists
Have a subscription form that subscribes users to an unrelated list
Send out unrelated offers or unrelated content to your newsletter list
Add an email address to a list without the subscriber’s permission

You may:

Send out automated trigger and manual emails to a recipient who has opted-in to receive it
Send out information and content to recipients who have requested to receive content on that topic from your organization

Prohibited Content

By using the Subscription Services, you agree to not engage in any inappropriate activities, which include, but are not limited to, the following:

Create a false identity for the purpose of misleading others
Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any other duplicative or unsolicited e-mail messages
Utilize third-party-generated email lists or databases, including, but not limited to, purchased, rented, or third-party lists of email addresses
You won’t violate our Acceptable Use Policy, which is part of this Agreement.
You won’t violate our Anti-Spam Policy, which is included below.
Collect any information about others without their prior consent
Attempt to gain unauthorized access to our services, other accounts, computer systems, and networks connected to the Subscription Services through any means or attempt to circumvent any protections or security systems
Publish, distribute, or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene, or unlawful by applicable law or regulations
Offers for pornography, illegal goods and/or services, sexually explicit content, and any other content area that may be identified by Simplify Referrals at a later date
Transmit or upload any material that violates intellectual property laws, trademark and copyright laws, or rights of privacy, unless you own or control the rights to the material, or have obtained the necessary permission to do so
Fail to follow acceptable use laws in your country or state governing commercial emailing and referral-based programs

Age Restriction

If you are collecting information from a person under the age of 16, then parental consent must be obtained. You must make “reasonable efforts” to verify the consent comes from the parents, as opposed to the child.

Anti-Spam Provision

What is Spam?

Spam is often in the eye of the beholder. If you ask ten different people for a definition of spam, you’ll probably get ten different answers. So here’s our best explanation:

Spam, as applied to email, means “unsolicited bulk email.”
“Unsolicited” means the recipient has not granted the sender affirmative consent (permission) to email them.
“Bulk” means the message is sent as part of a larger collection of messages, all having materially similar content.

Preventing unsolicited emails via Simplify Referrals

You may not use the Subscription Services provided through or in connection with Simplify Referrals to send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals with whom you do not have a prior business relationship.

Also, users must accept that an unsubscribe or opt-out option will be automatically appended to every email sent via Simplify Referrals. This is not an option. In the event a user violates any one of our usage rules, or for any other reason deemed appropriate by Simplify Referrals, Simplify Referrals reserves the right to suspend or terminate, without notice, access to the user’s account and all related data.

Policy Enforcement

Simplify Referrals has a no-tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited, to:

We monitor use of the system for any large increases in emails sent.
A record of every email sent through the system is saved.
Any customer found to be using Simplify Referrals’s services for spam will be immediately cut-off from use of the services.
We maintain the IP address and date subscribed for every new subscriber.
Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

Procedure for Handling Complaints

Your account will be immediately terminated if we determine, based on our sole discretion, that you send spam. We provide our product only to those who strictly follow our Anti-Spam Policy.

To determine whether you have sent spam we will:

Review the content of the message in question
Review your subscriber list for patterns common to harvested lists
Review the spam complaint
View the records to see the subscriber’s IP address and when they were subscribed

For more information, visit spamlaws.com.

Privacy Disclosure

It is our policy to respect your privacy. Please review our Privacy Policy to learn more about our policies and practices regarding your privacy while using our Subscription Services.

Compliance with Laws

You represent and warrant that your use of Simplify Referrals will comply with all applicable laws and regulations. You’re responsible for determining whether our Subscription Services are suitable for you to use, in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Subscription Services, we won’t be liable if our Subscription Service don’t meet those requirements. You may not use our Subscription Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

If you’re located in the European Economic Area (EEA) or market to anyone in the EEA, you represent and warrant that in using Simplify Referrals you:

Will clearly describe in writing how you plan to use any data collected, including for your use of Simplify Referrals. You’ll get express consent to transfer data to Simplify Referrals and be processed, and you’ll otherwise comply with any privacy policy you have posted.
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Simplify Referrals.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Simplify Referrals to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold Simplify Referrals harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

Notice of Breach Security

If a security breach causes an unauthorized intrusion into our system that materially affects you or people in your account, then Simplify Referrals will notify you within 72 hours of learning about it, unless the data was anonymized or encrypted, and later report the action we took in response.

Cancelation and Termination

If you cancel the Subscription Service before the end of your current term (based on the plan you select), your service will end on the date you have paid through, and you will not be charged again. There are no prorated refunds based on the day you terminate your service.

Simplify Referrals, in its sole discretion, has the right to suspend or terminate your account, and refuse any and all current or future use of the Subscription Service, for any reason at any time. Such termination of the Subscription Service will result in the deletion of your Account.

Simplify Referrals reserves the right to refuse service to anyone for any reason at any time. If Simplify Referrals terminates your Account, Simplify Referrals will provide a refund of all prepaid, but unused fees to the customer.

Modifications to the Services and Prices

Simplify Referrals reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Subscription Service (or any part thereof) with or without notice.

Prices of all Subscription Services, including but not limited to monthly subscription plan fees to the Subscription Service, are subject to change upon notice from us.

Copyright and Content Ownership

In these terms and conditions, “your user content” means material (including, but without limitation to, text, images, audio material, video material, and audio-visual material) that you submit to this website.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or Simplify Referrals or another third party (in each case, under any applicable law).

You must not submit any user content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.

Simplify Referrals reserves the right to edit or remove any material submitted to this website, or stored on the servers of Simplify Referrals, or hosted or published upon this website.

Simplify Referrals’s rights under these terms and conditions in relation to user content, Simplify Referrals does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Escrow Accounts

Gift Cards

Simplify Referrals uses Tango Card to create an escrow account for Gift Card Payouts to send automatic e-gift cards to Members and Referrals. To distribute rewards using your Tango account, you must have the funds in your account. If you decide to cancel your Simplify Referrals subscription and there are still funds in your escrow account, contact your Customer Success Manager or the Simplify Referrals support team to request a refund.

When you contact us to terminate your Account, final settlement and return of any funds remaining in your Account, and not needed to pay for ordered Rewards, shall take place no later than thirty (30) days after the date of termination via company check, or if requested by Customer, via wire transfer. Funds that have been paid by credit card will be credited back to the same credit card.

We’ll need the following information to process your refund:

Primary contact’s name, email, and phone number
Physical business address
Preferred refund method (wire transfer, check, or credit card)

For additional information, see Tango Card’s Terms of Service.

PayPal

Simplify Referrals uses PayPal to create an escrow account to send automatic PayPal payments to Members and Referrals. To distribute rewards using PayPal, you must have the funds in your account. If you decide to cancel your Simplify Referrals subscription and there are still funds in your escrow account, contact your Customer Success Manager or the Simplify Referrals support team to request a refund.

When you contact us to terminate your Account, final settlement and return of any funds remaining in your Account, and not needed to pay for ordered Rewards, shall take place no later than thirty (30) days after the date of termination via PayPal transfer, or if requested by Customer, via wire transfer.

We’ll need the following information to process your refund:

Primary contact’s name, email, and phone number
Physical business address
Preferred refund method (wire transfer, check, or credit card)

Confidentiality; Proprietary Rights

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information includes, without limitation, trade secrets, know-how, including software and documentation thereto, marketing, sales, operating, performance, costs, and customer lists, in any form, tangible or intangible. Proprietary information of Simplify Referrals includes non-public information regarding features, functionality, and performance of the Subscription Service. Proprietary Information of the Customer includes non-public data provided by Customer to Simplify Referrals to enable the provision of the Subscription Services (“Customer Data”).

The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document: (a) is or becomes generally available to the public, or (b) was in its possession or known by the Receiving Party prior to receipt from the Disclosing Party, as evidenced by the Receiving Party’s written records, or (c) was rightfully disclosed to the Receiving Party without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

If the Receiving Party is required by applicable law or requested (by legal process, civil investigative demand or similar process) to disclose any of the Disclosing Party’s Proprietary Information, the Receiving Party shall notify the Disclosing Party immediately of such requirement so that the Disclosing Party may seek an appropriate protective order or waive compliance with the confidentiality covenants in this Agreement. Any such disclosure by the Receiving Party pursuant to the preceding sentence shall be limited to the extent required by applicable law, or order, subpoena, regulatory requirement, or litigation disclosure, and the Receiving Party shall reasonably cooperate with the Disclosing Party in any effort made by the Disclosing Party to seek a protective order or other appropriate protection of the Disclosing Party’s Proprietary Information.

Customer shall own all right, title, and interest in and to the Customer Data. Simplify Referrals shall own and retain all right, title, and interest in and to: (a) the Subscription Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Subscription Services or support, and (c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, Simplify Referrals shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Subscription Services and related systems and technologies (including, without limitation, anonymized, aggregate information derived from Customer Data), and Simplify Referrals will be free (during and after the term hereof) to use such information and data solely to improve and enhance the Subscription Services and for other diagnostic and corrective purposes in connection with the Subscription Services. No rights or licenses are granted except as expressly set forth herein.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website, or impairment of the availability, or accessibility of Simplify Referrals, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Simplify Referrals’s express written consent. This includes:

scraping
data mining
data extraction
data harvesting
‘framing’ (iframes)
article ‘spinning’

You must not use this website, or any part of it, to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Simplify Referrals.

Feedback

You grant Simplify Referrals a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) that you communicate to Simplify Referrals during the term of service, without compensation, without any obligation to report on such use, and without any other restriction. Simplify Referrals’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Notwithstanding the Confidentiality provisions above, Feedback will not be considered Confidential Information. (“Feedback” refers to any suggestion or idea for modifying any of Simplify Referrals’s products or services, including, without limitation, all intellectual property rights in any such suggestion or idea.)

No Warranties

This Subscription Service and website you are using is provided “as is,” without any representations or warranties, express or implied. Simplify Referrals makes no representations or warranties in relation to this website, how it affects your business, or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Simplify Referrals does not warrant that:

this website and Subscription Service will give you any new business or referrals; or
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.

Limitations of Liability

Simplify Referrals will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided for any direct loss; or
for any indirect, special, or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply, even if Simplify Referrals has been expressly advised of the potential loss.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Simplify Referrals Inc. in respect of any:

death or personal injury caused by the negligence of Simplify Referrals or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of Simplify Referrals; or
matter which it would be illegal or unlawful for Simplify Referrals to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website and Subscription Services, you agree the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Simplify Referrals and undertake to keep Simplify Referrals indemnified against any losses, damages, costs, liabilities, and expenses (including. without limitation. legal expenses and any amounts paid by Simplify Referrals to a third party in settlement of a claim or dispute on the advice of Simplify Referrals’s legal advisers) incurred or suffered by Simplify Referrals arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Simplify Referrals’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Simplify Referrals may take such action as Simplify Referrals deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

Simplify Referrals may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Simplify Referrals may transfer, sub-contract, or otherwise deal with Simplify Referrals’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with Simplify Referrals’s Privacy Policy, constitute the entire agreement between you and Simplify Referrals, in relation to your use of this website, and supersedes all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of MARYLAND, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of MARYLAND, USA.

EU/EEA Data Processing

Simplify Referrals, Inc. follows the Standard Contracting Clauses regarding the collection, use, and retention of Personal Data (as defined in the Simplify Referrals Data Processing Agreement) transferred from the European Economic Area to the U.S. For additional details, see our Privacy Policy. To the extent that Simplify Referrals processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”) on the Customer’s behalf, in the provision of the services hereunder, the terms of the Simplify Referrals Data Processing Agreement, which are hereby incorporated by reference, shall apply.

You acknowledge in all cases that Simplify Referrals acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. If you are subject to the GDPR, you understand that if you give an integration provider access to your Simplify Referrals account, you serve as the data controller of such information, and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Compliance with Laws, No Warranties, Limitation of Liability, Exceptions, Reasonableness, Indemnity, Confidentiality; Proprietary Rights, Severability, Entire Agreement, and Law and Jurisdiction.