Terms of Service

**Note that we have updated our Terms of Service. The new terms (below) take effect for all users on and after October 1, 2017.

The following Service Terms govern your use of Simperium (the “Service”). The Service is offered by Automattic Inc. (“Automattic”) subject to your acceptance of all of the Service Terms, and your payment of the Subscription Fee detailed on your Subscription Form (together with these Service Terms, the “Agreement”).

Payment and Renewal (for Paid Plans).

  • General Terms. You agree to pay Automattic the Subscription Fee indicated in your Order Form. Automattic will invoice Fees on a monthly basis. Payment is due within 15 days of invoicing.
  • Change to Subscription Fees. We may change your Subscription Fee for future subscription periods. If we make changes, we will provide you with at least 60 days’ prior notice.
  • Automatic Renewal. Unless you notify Automattic before the end of the applicable subscription period that you want to cancel the Service, your subscription will automatically renew for additional terms of 12 months each.

Intellectual Property.

This Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Automattic.

Account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your login and password secure.

Changes.

We may make modifications to the Service that do not materially degrade your level of service. We may also make changes to the legal terms under which we offer the Service.

If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new terms.

Service Rules.

You may not:

  • place excessive calls to Automattic’s systems or otherwise overburden Automattic systems, as determined by Automattic,
  • share or misuse your access credentials,
  • use or allow the use of Automattic APIs or the Service to send or facilitate the sending of unsolicited communications or for any fraudulent purpose,
  • modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of the Service,
  • use the Service (i) to create or enable any App, website, tool, or other mechanism that is, or enables, or operates in conjunction with, any malware, spyware, adware, other malicious programs or code, or (ii) in any manner that would violate any applicable law or governmental regulation.

Termination.

Automattic may terminate your access to all or any part of the Services (i) with or without notice, effective immediately, if you violate any of the Service Rules (above) or (ii) for any reason on 30 days’ written notice.

Jurisdiction and Applicable Law.

This Agreement and any access to or use of the Service will be governed by the laws of the state of California, excluding its conflict of law provisions. The venue for any disputes arising out of or relating to this Agreement or the Service will be the state and federal courts located in San Francisco County, California.

Misc.

This Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by both parties, or by the posting by Automattic of a revised version.