END-USER LICENSE AGREEMENT AND TERMS OF USE

1. ACKNOWLEDGMENT AND STOREFRONT TERMS

This Agreement is between you and the Company only, and not with Apple Inc. (Apple) or Google LLC (Google). The Company, not Apple or Google, is solely responsible for the Application and its content.

Your use of the Application must comply with this Agreement, the usage rules of the storefront from which you obtained the Application, and any other applicable third-party terms, including the Apple Media Services Terms and Conditions or Google Play Terms of Service.

2. LICENSE GRANT AND SCOPE

Subject to your compliance with this Agreement, the Company grants you a personal or business-use, revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application on devices that you own or control.

If you obtain or use the Application on behalf of a business or other organization, you represent that you have authority to bind that organization to this Agreement. In that event, “you” and “User” include that organization. The organization may permit its employees and individual contractors to use the Application solely for its internal business purposes, provided that the organization remains responsible for their compliance with this Agreement.

For an Application obtained through the Apple App Store, the license applies to Apple-branded products that you own or control as permitted by the Apple Media Services Usage Rules. The Application may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing when permitted by those Usage Rules.

Unless accompanied by a separate license agreement, this Agreement also governs updates, upgrades, bug fixes, patches, and other modifications to the Application provided by the Company. Certain updates may be required for the Application to continue operating properly or securely.

3. RESTRICTIONS ON USE

Except where applicable law expressly permits otherwise, you may not:

• Decompile, reverse engineer, disassemble, or attempt to derive the source code of the Application.
• Modify, adapt, translate, or create derivative works of the Application.
• Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the Application or your license rights to another person.
• Remove, alter, or obscure copyright, trademark, or other proprietary notices in the Application.
• Use the Application in violation of applicable law, regulation, storefront rules, or third-party rights.
• Circumvent, disable, defeat, or interfere with any security, licensing, access-control, or technical feature of the Application.
• Use the Application to introduce malware, malicious code, or harmful material, or to interfere with the operation, integrity, or security of the Application or any device or system.
• Use the Application to collect, process, photograph, record, mark, disclose, or distribute information in violation of privacy, confidentiality, intellectual-property, employment, surveillance, or other applicable laws or contractual obligations.
• Use the Application for any hazardous, emergency-response, life-safety, or other high-risk activity in which an error, delay, or failure could reasonably result in death, personal injury, or material property or environmental damage.

4. USER CONTENT AND CUSTOM STAMPS

As between you and the Company, you retain your rights in PDFs, photos, videos, notes, markups, logos, custom stamps, toolsets, and other content that you create or import into the Application (User Content). The Company does not claim ownership of your User Content.

You are responsible for ensuring that you have the rights and permissions needed to use, modify, export, or share User Content. Creating or using a symbol stamp in the Application does not by itself grant trademark, copyright, patent, or other proprietary rights in the underlying design.

You represent and warrant that your collection, creation, import, storage, use, export, and disclosure of User Content complies with applicable law and does not violate any third-party right or contractual obligation. You are responsible for obtaining all required permissions, notices, and consents, including permissions relating to confidential information, personal information, photographs, recordings, location information, trademarks, and copyrighted materials. The Application is not intended to satisfy industry-specific legal, retention, security, or compliance requirements unless the Company expressly agrees otherwise in writing.

The Company does not monitor, register, police, or protect ownership of custom stamps, toolsets, or other User Content. After you export or share User Content, the Company cannot control and, to the maximum extent permitted by applicable law, is not responsible for its copying, modification, redistribution, misuse, loss, or use by third parties. The Company does not represent that a user-created or imported stamp is unique, available for exclusive use, or free of third-party intellectual-property claims.

The Company may restrict or terminate access to the Application if it reasonably determines that the Application is being used unlawfully, in violation of this Agreement, or in a manner that creates a material security, legal, or operational risk. Because the Application is local-first, the Company does not undertake to monitor User Content stored solely on a user’s device.

5. COMPANY INTELLECTUAL PROPERTY

The Application, including its source code, design, logic, user interface, features, documentation, and Company-provided assets, is owned by the Company or its licensors and is protected by United States and international intellectual-property laws. No ownership interest in the Application is transferred to you. All rights not expressly granted are reserved. If you voluntarily provide ideas, suggestions, enhancement requests, or other feedback concerning the Application, you grant the Company a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This provision does not transfer ownership of your User Content.

6. FEES, PAYMENTS, AND REFUNDS

The Application may be offered without charge, for a one-time price, or under other terms displayed by the applicable storefront. If a fee applies, billing, payment processing, taxes, currency conversion, and storefront refunds are handled by the storefront under its terms and policies.

For purchases through Google Play, refund requests are governed by Google Play policies. For purchases through the Apple App Store, the warranty and refund provisions in Section 9 also apply. The Company does not directly process storefront transactions or storefront refunds.

If the Company separately offers a direct purchase, subscription, enterprise license, or other paid service, the additional pricing, renewal, cancellation, and refund terms presented at the time of purchase will apply. In the event of a conflict, those transaction-specific terms will govern solely with respect to that transaction.

7. DOCUMENT PROCESSING, PRIVACY, AND STORAGE

The Application is designed as a local-first tool. Project documents, markups, camera media, comments, location stamps, and toolsets are processed and stored on your device unless you expressly export, share, or save them to a destination you choose.

Except as disclosed in the Company’s Privacy Policy, the Company does not operate an account, advertising, or developer cloud service that receives User Content in the current release. The Application may communicate with the applicable storefront, operating-system provider, linked websites, support services, and other services initiated by you. Limited technical or diagnostic information may be processed as described in the Privacy Policy.

If you choose a cloud-storage provider, email service, messaging app, USB device, or other destination, that third party controls its own transmission, storage, retention, and security practices.

You are responsible for maintaining the physical and technical security of your device, controlling access to the Application and User Content, installing operating-system and security updates, and using appropriate encryption, passwords, access controls, and backup procedures based on the sensitivity of your information.

You are responsible for securing and maintaining current, independent backups of your files. SimpleSite does not provide cloud backup, file restoration, or data-recovery services. Loss of a device, uninstalling the Application, clearing application data, accidental deletion, failed import or export, operating-system or storage failure, file corruption, or loss of access to a third-party destination may permanently delete or make your files unavailable. The Company cannot access or recover those files and, to the maximum extent permitted by applicable law, is not responsible for resulting loss or corruption of data.

Nothing in this Section excludes liability that cannot lawfully be excluded, including liability arising from the Company’s fraud, willful misconduct, or other conduct for which applicable law prohibits limitation.

8. MAINTENANCE AND SUPPORT

The Company is solely responsible for maintenance and support services for the Application as specified in this Agreement or required by applicable law. Apple and Google have no obligation to provide maintenance or support for the Application. Support requests may be directed to the contact information in Section 18. Unless otherwise required by applicable law or agreed in writing, the Company does not guarantee any particular support response time, correction, update, compatibility, or continued availability of the Application. The Company may modify, suspend, or discontinue any feature or version of the Application, subject to applicable law.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, PRODUCE A PARTICULAR RESULT, OPERATE WITHOUT INTERRUPTION, OR BE COMPLETELY SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

THE APPLICATION IS A GENERAL-PURPOSE PRODUCTIVITY TOOL AND DOES NOT PROVIDE LEGAL, ENGINEERING, ARCHITECTURAL, SAFETY, INSPECTION, OR OTHER PROFESSIONAL ADVICE OR CERTIFICATION. OUTPUTS, MARKUPS, MEASUREMENTS, LOCATIONS, TIMESTAMPS, AND EXPORTED FILES SHOULD BE INDEPENDENTLY REVIEWED BEFORE THEY ARE RELIED UPON FOR PROFESSIONAL, REGULATORY, SAFETY-CRITICAL, OR CONTRACTUAL PURPOSES.

If an Application obtained through the Apple App Store fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the Application. The Company is responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.

10. PRODUCT CLAIMS

The Company, not Apple or Google, is responsible for addressing claims by you or a third party relating to the Application or your possession or use of it, including product-liability claims, claims that the Application fails to conform to an applicable legal or regulatory requirement, and claims under consumer-protection, privacy, or similar laws. Nothing in this Agreement limits liability beyond what applicable law permits.

11. INTELLECTUAL-PROPERTY CLAIMS

If a third party claims that the Application, or your possession and use of the Application, infringes that party's intellectual-property rights, the Company, not Apple or Google, is solely responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, USE, OR DATA, ARISING FROM OR RELATED TO THE APPLICATION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE APPLICATION DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US $50). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, BUT DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

The exclusions and limitations in this Section apply collectively to the Company and its members, managers, officers, employees, contractors, licensors, and service providers.

13. TERMINATION

This Agreement remains effective until terminated by you or the Company. You may terminate this Agreement by discontinuing use of and deleting the Application. The Company may terminate or suspend the license if you materially violate this Agreement, if continued use creates a material legal or security risk, or if the Company discontinues the Application. Upon termination, you must cease using and delete the Application; however, termination does not affect your ownership of previously exported User Content. You are responsible for exporting and backing up User Content before deleting the Application.

14. GOVERNING LAW AND JURISDICTION

Except where the law of your jurisdiction requires otherwise, this Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. Unless applicable consumer law gives you the right to bring a claim in another jurisdiction, any legal proceeding arising out of or relating to this Agreement or the Application must be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to their personal jurisdiction and venue.

15. LEGAL COMPLIANCE

You may not use, export, re-export, transfer, or make the Application available in violation of United States export-control, economic-sanctions, or import laws or the laws of any other applicable jurisdiction. You represent that you are not located in a prohibited jurisdiction, are not identified on an applicable restricted-party list, and will not use the Application for a prohibited end use. You are responsible for compliance with laws applicable to your use and transfer of the Application and User Content.

16. APPLE AS THIRD-PARTY BENEFICIARY

For an Application obtained through the Apple App Store, you and the Company acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple has the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.

17. GENERAL TERMS

Changes to this Agreement. The Company may update this Agreement to reflect changes to the Application, law, or business practices. Material changes will be presented through the Application, the applicable storefront, or another reasonable method. Changes will apply prospectively from the stated effective date. Where required by law, the Company will obtain renewed consent.

Severability. If any provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

No Waiver. A failure or delay in enforcing a provision does not waive the right to enforce that or any other provision.

Assignment. You may not assign or transfer this Agreement or your license rights without the Company’s prior written consent. The Company may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Application.

Entire Agreement. This Agreement, together with the Privacy Policy and any purchase-specific terms presented to you, constitutes the entire agreement concerning the Application and supersedes prior or contemporaneous communications concerning its subject matter.

Force Majeure. The Company is not responsible for delay or failure caused by circumstances beyond its reasonable control, including failures of storefronts, operating systems, networks, third-party services, utilities, or governmental actions.

Headings. Section headings are for convenience only and do not affect interpretation.

18. CONTACT INFORMATION

Questions, complaints, or claims relating to the Application may be directed to:

SimpleSite LLC 5900 Balcones Dr STE 100 Austin, TX 78731 United States Phone: (903) 618-8760 Email: info@simplesiteonline.com