Terms and Conditions
Recently updated: March 2018
Welcome to Simplay!
These Terms and Conditions (“Terms”) together with the Privacy Notice govern your relationship with Simplay Gaming Ltd. and its parents, subsidiaries, divisions, branches, and affiliates (collectively “Simplay” or “us”), and set forth the terms and conditions under which Simplay makes available the Services (as defined below), to each person or entity (“User” or “you”) accessing or using the Services. These Terms apply to all Users regardless of their location and nationality to the maximum extent permissible under applicable law.
By using and/or accessing and/or registering to the Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should cease and discontinue any and all use of the Services immediately. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
Please note that any use, access or purchase from any business affiliated with the Services may be subject to different and/or additional terms for such respective service or business, and you should review such terms prior to using any such service.
1. Simplay offers gamers a useful, cost-effective and convenient solution for enhancing their gaming experience by connecting their home computer (“Home Computer”), to Simplay's system, which allocates a Virtual PC to the User (“Virtual PC”), allowing the User to enjoy increased gaming capabilities (the “Services”). The Term Services shall also refer herein to any other services available through our website, our client, or otherwise provided by Simplay.
2. While we strive to accommodate all our Users, due to system capacity limitations, we cannot guarantee that we are able to provide a User with a Virtual PC in any specific time, or at all. We make no representation, and User understands and agrees, that Simplay is not obligated to provide User with a Virtual PC upon User's request, and that the provision of a Virtual PC is dependent on availability and traffic on our systems at any given time.
3. Please note that third party advertisements may appear on our website and the Services from time to time. Simplay does not endorse these advertisements, nor do such advertisements represent any recommendation provided by Simplay.
4. In order to subscribe to the Service, you will first need to download a packet from our website, available at app.simplay.io, register for the Service and create an account by choosing a user name and password, and providing us with certain details, such as name, e-mail address, etc. This is information you provide us voluntarily and is governed by our Privacy Notice. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You acknowledge and agree that you are solely responsible for any use of your account and all activities occurring in connection with the use of your account.
5. Various subscription packages are offered to the User on our website, according to different rates and terms as specified on our website. Not all of the features and functionality of the Services offered may be available in each package.
6. In order to purchase one of our packages, you will be transferred to our payment page, which enables payment for the package of your choice via PayPal or credit card. Please note that currently we do not process payment independently and shall not be liable for any damage relating to payments made or proposed. Your subscription will be renewed automatically at the end of the subscription period. You may terminate your subscription from the “manage plans” page in your client area at any time prior to the next billing date. You may upgrade, downgrade or terminate your subscription package at any time from your client page, available at app.simplay.io. in cases of a downgrade or termination, your card would be refunded of the proportional amount, and in cases of an upgrade, your card would be charged for the difference in price. User is solely responsible for paying any and all taxes associated with the above, and Simplay shall not be liable in any way in connection thereto.
7. By registering to the Services you warrant and represent and that any information provided by you at the time of registration, including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date.
8. If the billing information and payment source you provided while registering for a package are invalid, or if charges billed to you are declined or not paid, or if you fail to pay charges when due, your account may be suspended or canceled, at our sole discretion.
9. Simplay may, in its sole discretion, refuse to offer access to or use of the Services to any User, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
10. Simplay may terminate your account immediately and without prior notice, if you do not comply with the Terms.
11. Simplay reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the Services or any part thereof, at its sole discretion. You will have no claim, complaint or demand against Simplay for applying such changes or for failures incidental to such changes.
Requesting a Virtual PC and Session
12. Once you have completed the registration process, you will be able to request a Virtual PC. Our system will provide you with information regarding availability of a Virtual PC, and will notify you once a Virtual PC is available for use.
13. Once you have secured a Virtual PC, you will be able to open its desktop on your Home Computer and begin using the Virtual PC's enhanced capabilities and system specifications.
14. The Virtual PC does not contain any games, software or apps. Once you have opened the Virtual PC, you will need to download any apps, games or software you wish to use through the Virtual PC, if applicable. Any content you download to the Virtual PC will be reserved and available for use in future sessions.
15. Notwithstanding the above, Simplay does not guarantee that any or all content shall be reserved on the Virtual PC at all times, and you are aware and agree that you are solely responsible for backing any information or content on the Virtual PC. In the event that any content is deleted from your Virtual PC, we will make every effort to inform you in advance. As we may not be able to inform you prior to the deletion of content or information, you are responsible for backing your content.
16. While we do not dictate to our users how and for what to use the Service (other than prohibited uses under these Terms), it is emphasized that the Services are intended for gamers, in order to allow gamers to enjoy increased technical capabilities, for appropriate and reasonable use, and for these purposes only. We reserve the right to deny service to any user which uses the Virtual PC or Services for other reasons or in violation of any applicable law or these Terms.
17. When you wish to terminate the session, you may use the exit session option on the Virtual PC. In the event that there is no activity on the Virtual PC for a certain amount of time (to be determined from time to time in Simplay's discretion), the system will give a notice that the session will automatically terminate within 2 minutes in case of no response. If you do not respond to the message within the specified timeframe, your session will end automatically.
18. Content and information provided on and through the Services, including, without limitation, Simplay logo, trademark, graphics, design, information, text, images, data, software, code, technology, algorithm, and other material displayed, available, used or present through the Services (collectively, the “Simplay Content”) are the copyrighted and/or trademarked work of Simplay, and/or proprietary information and knowledge protected under trade secret, owned exclusively by Simplay and its affiliates.
19. Simplay retains all rights, including any intellectual property rights in the Simplay Content. You hereby acknowledge that you have no right, title or interest in or to any Simplay Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Simplay Content in any manner.
20. We appreciate hearing from our users, and welcome your comments regarding the service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the service (“Feedback”), you hereby grant Simplay an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use such Feedback, in any way Simplay chooses, including for commercial purposes. Such license shall include, without limitation, the right to copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt, in any form or media now known or hereinafter developed, and you warrant to Simplay that you have the right to grant such license for such purposes. If you do not want to grant Simplay the said license to use your Feedback in accordance with these terms, please do not send Feedback via the Services.
21. You further acknowledge and agree that we do not and cannot review all Feedback and are not responsible in any way for, do not control the Feedback.
21.1. You are solely responsible for the Feedback you upload or send to us. You hereby declare and warrant that the Feedback shall conform to these Terms as well as applicable law.
21.2. You further acknowledge and agree that we do not and cannot review all Feedbacks and are not responsible in any way for, do not control any User’s Feedback.
21.3. You acknowledge and agree that you are solely responsible for backing up any Feedback. Simplay shall not be liable for any purging, deletion or failure to retain any User’s Feedback.
21.4. By uploading or sending any User's Content through the App or Services, you hereby grant Simplay an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use such User's Content, in any way Simplay chooses, including for commercial purposes, such license shall include, without limitation, the right to copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt, in any form or media now known or hereinafter developed, and you warrant to Simplay that you have the right to grant such license for such purposes. If you do not want to grant Simplay the said license to use your User's Content in accordance with these terms, please do not upload or send User's Content via the App or Services.
You hereby warrant and undertake not to upload, create, post, email, distribute, communicate, transmit or otherwise make available any Feedback that: (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, promotes any unlawful activities such as gambling and/or pornography, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any "junk mail", "spam" or disrupts with repetitive messages.
Restricted and Prohibited Uses
22. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree not to, and not to permit others to do any of the following:
22.1. Use the Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit, including, but not limited to, using the Virtual PC or Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, download and run crypto-currency mining software etc.;
22.2. Use the Services in connection with any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, offensive, invasive of another's privacy, or otherwise objectionable, or (ii) that infringes any intellectual property right of any third party;
22.3. Modify the Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the Virtual PC and Services, servers or networks connected to the Services, deny service to, hack, crack, or otherwise interfere with the Virtual PC, Services, their underlying software, or other technology, code, algorithm or other proprietary information of Simplay in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
22.4. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of our website and Services and/or any Simplay Content;
22.5. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of our website, Services, technology or any software thereto;
22.6. Create a database by systematically downloading and storing all or any content regarding the Services;
22.7. Engage in excessive usage of the Services, as determined by Simplay in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Services, or disrupts the availability of the Services for other users.
22.8. Use the Services in a way that infringes or violates these Terms.
23. USER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND ANY OF THIER CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT USER'S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SIMPLAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES (AND ALL CONTENT, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
24. Without derogating from the above, Simplay explicitly disclaims any warranty regarding availability of a Virtual PC, which depends on number of users on our system and other factors outside of Simplay's control. Simplay also does not guarantee that the Virtual PC will be suitable for use in connection with any specific game or will conform with any specific system specifications, or that the Virtual PC will be available for use with any Home Computer, and Simplay reserves the right to specify from time to time, minimum system requirements for Home Computers suitable for use with the Services.
Limitations on Liability
25. SIMPLAY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SIMPLAY (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. SIMPLAY AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SIMPLAY WEBSITE AND SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SIMPLAY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SIMPLAY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SIMPLAY WOULD NOT BE ABLE TO OFFER THE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SIMPLAY'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO SIMPLAY UNDER THIS AGREEMENT DURING A THREE (3) MONTHS PERIOD PRIOR TO THE CLAIM RAISING THE LIABILITY.
26. You understand and acknowledge that the Services are currently in their testing stage, and are made available as a "Private Beta" version. This means that we have not yet completed development of Services and that not all features are completely functional or available. Occasionally, the Services might not work at all. Simplay is not obligated to provide any maintenance, technical or other support for the Service.
27. These Terms comprise the entire agreement between you and Simplay relating to the Services. We may change the terms of these Terms at any time, so please review this page regularly.
28.If any provision of these Terms is held unenforceable, then such provision will be modified to the extent possible to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
29. Simplay does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Simplay's control.
30. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and Simplay.
31. User may not assign this agreement. Simplay may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
32. The Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv, Israel.