Terms of Service
These Terms are a binding agreement between you and Gunacar, Inc. dba Pontic Labs ("Pontic Labs", "we", "us"). By creating an account or using SimpleMatter you accept them. If you do not accept them, do not use the service.
1. Licence, not sale
SimpleMatter is licensed, not sold. We retain all right, title and interest in the software, including all intellectual property in it, in any modifications or improvements, and in any feedback you give us.
Subject to these Terms and to payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use SimpleMatter for your own internal business purposes, for as long as your account remains in good standing.
You may not: copy, modify, translate or create derivative works of the software; reverse engineer, decompile or disassemble it except to the extent that restriction is unenforceable by law; rent, lease, resell, sublicense or provide it as a service to third parties; remove proprietary notices; or use it to build a competing product.
2. Your data
You retain ownership of the data you put into SimpleMatter. You grant us a limited licence to host, process, transmit and back up that data solely to provide and support the service.
We do not sell your data and do not use it to train machine-learning models. You are responsible for the accuracy and lawfulness of what you store, and for having the right to store it.
3. Accounts and acceptable use
You are responsible for all activity under your account, for keeping credentials secure, and for the conduct of everyone you invite. You must not use the service unlawfully, attempt to access another organization's data, interfere with the service, or exceed the plan you have paid for.
4. Fees, renewal and cancellation
Paid plans are charged per user, per month, in advance, at the rate shown when you subscribe. Fees are non-refundable except where required by law. You are responsible for applicable taxes.
Subscriptions renew automatically each month until cancelled.
You may cancel at any time. Cancellation stops the next renewal. Your access continues to the end of the month you have already paid for, and we do not refund partial months. We may change prices on 30 days' notice; continuing to use the service after that constitutes acceptance, and cancelling before it avoids the change.
If payment fails, we may suspend access until it is resolved.
5. Suspension and termination
We may suspend or terminate your access, or any account, at any time, at our sole discretion, with or without cause and with or without notice — and immediately where we reasonably believe there is a breach of these Terms, a security or legal risk, non-payment, or misuse. Where we terminate without cause and you are on a paid plan, we will refund any unused prepaid fees for the remainder of the current month.
On termination your licence ends immediately and you must stop using the software. You may request an export of your data within 30 days of termination, after which we may delete it. You can also export your data yourself at any time while your account is active.
6. Changes to the service and to these Terms
We may change these Terms at any time, at our sole discretion. A new version takes effect when posted here with a new effective date; material changes are notified to account owners. Continued use on or after that date constitutes acceptance, and your sole remedy if you disagree is to stop using the service and cancel.
We may add, change, suspend, limit or discontinue any part of the service — or the service in its entirety — at any time, with or without notice. No feature is guaranteed to remain available, and nothing said in marketing, documentation or correspondence creates a commitment to keep one.
7. Beta and evaluation use
Features or plans identified as beta, preview, trial or free are provided as-is, without any warranty or support commitment, may change or be withdrawn at any time, and may be subject to usage limits. We may end free access at any time on reasonable notice.
8. No legal advice; your professional obligations
SimpleMatter is software, not a law firm. Nothing in it constitutes legal advice, and using it creates no lawyer-client relationship with us. You remain solely responsible for your professional and ethical obligations, including confidentiality, conflicts, deadlines, supervision and record retention. Automated suggestions and extractions are proposals requiring your review; you must not rely on them unreviewed.
9. Disclaimer of warranties
To the fullest extent permitted by law, SimpleMatter is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that the service will meet your requirements or that data will not be lost.
You are responsible for maintaining your own copies of anything you cannot afford to lose. Export and backup tools are provided for this purpose.
10. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for lost profits, lost business, lost goodwill, or lost or corrupted data, however caused and on any theory of liability, even if advised of the possibility.
Our total aggregate liability for all claims relating to the service is limited to the amount you actually paid us in the three months immediately preceding the event giving rise to the claim, or one hundred United States dollars, whichever is greater. Nothing here excludes liability that cannot lawfully be excluded.
11. Indemnity
You will defend, indemnify and hold harmless Pontic Labs and its officers, employees and agents from any claim, loss, liability or expense (including reasonable legal fees) arising from your data, your use of the service, your breach of these Terms, or your violation of any law or third-party right.
12. Confidentiality and publicity
Each party will protect the other's non-public information with reasonable care. We will not identify you as a customer publicly without your permission.
13. General
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules, and the state and federal courts located in Michigan shall have exclusive jurisdiction. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, with the Privacy Policy, are the entire agreement between us and supersede any prior understanding. Neither party is liable for delays caused by events beyond its reasonable control.