Sweet Life Media DBA Simply Keto App
Terms of Service ("Terms")
Last updated: 12/27/2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.simplythesweetlife.com website and the SIMPLY KETO meal planner mobile application (the "Service") operated by Sweet Life Media ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By signing up for the SIMPLY KETO App recurring billing service ("Service") or any of the services of Sweet Life Media you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Sweet Life Media reserves the right to update and change the Terms of Service by posting updates and changes to the Sweet Life Media website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the Terms of Service for the complete picture of your legal requirements. By using Bootstrap Heroes or any Bootstrap Heroes services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that Sweet Life Media will use the email address you provide as the primary method for communication.
You are responsible for keeping your Simply Keto password secure, which is your means of entering the Simply Keto App Service. Sweet Life Media cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content that is updated under your Simply Keto account (Store Content). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Sweet Life Media will result in an immediate termination of your services.
Don't use Simply Keto for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account activation
Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, Sweet Life Media will collect your credit card and store it on a secure server on PayPal.
If you do not wish to continue using the Service, it is your responsibility to contact Sweet Life Media to cancel the Service.
Any app you purchase through us will automatically renew unless you opt out.
3. General conditions
You may not use the Simply Keto app for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sweet Life Media.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Sweet Life Media or Simply Keto trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to firstname.lastname@example.org
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Simply Keto app belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Sweet Life Media and SIMPLY KETO APP rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Sweet Life Media/Simply Keto app customer, Sweet Life Media employee, member, or officer will result in immediate account termination.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Sweet Life Media retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Sweet Life Media reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Sweet Life Media/Simply Keto app account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of liability
You expressly understand and agree that Sweet Life Media shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Sweet Life Media or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Sweet Life Media partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
Sweet Life Media does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Sweet Life Media does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Sweet Life Media does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is as is so it may have errors or interruptions and we provide no warranties.
6. Waiver and complete agreement
The failure of Sweet Life Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sweet Life Media and govern your use of the Service, superseding any prior agreements between you and Sweet Life Media (including, but not limited to, any prior versions of the Terms of Service).
If Sweet Life Media chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Sweet Life Media don't apply if they conflict with these terms.
7. Intellectual property and customer content
We do not claim any intellectual property rights over the material you provide to the Sweet Life Media/Simply Keto app. All material you upload remains yours.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8. Payment of fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals (including your base fee and percentage of goods fee). When your billing period is over the Account Owner will be sent an invoice via the email provided.If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Sweet Life Media products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Sweet Life Media’s products and services, including without limitation, your subscription to or purchase of Sweet Life Media ecommerce services, point-of-sale services, point-of-sale equipment, apps, Themes and domains (Taxable Offerings). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Sweet Life Media products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to email@example.com
Sweet Life Media/ Simply Keto app does not provide refunds.
For live payment gateways, a valid credit card is required. You will be charged every 30 days your base fee or annually depending on your membership subscription. Tax is not included and will be billed to your credit card. No refunds.
9. Cancellation and termination
You may cancel your account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in Sweet Life Media response.
Once cancellation is confirmed, access to updates to the Simply Keto app will be terminated. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Sweet Life Media service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Sweet Life Media may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com Sweet Life Media will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed your Simply Keto app subscription will no longer be automatically renewed. If you cancel in the middle of the month, you'll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the service and prices
Prices for using Simply Keto app are subject to change upon 30 days notice from Sweet Life Media. Such notice may be provided at any time by posting the changes to the Simply Keto app via an announcement.
Sweet Life Media reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
Sweet Life Media/ Simply Keto app shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
Recharge is responsible for protecting the security of Card Data (defined as a cardholder's account number, expiration date and CVV2) in that we do NOT receive or store cardholder data. We only provide a checkout page which sends that data to your merchant processor directly. We then receive a token which represents the card data but does not contain the Primary Account Number. As the card data is not sent to our servers and not stored by our servers, you acknowledge that you provide this personal information regarding you and your customers at your own risk.
12. Optional tools
Sweet Life Media may provide you with access to third party tools over which Sweet Life Media neither monitors nor has any control or input.
You acknowledge and agree that Sweet Life Media provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. Sweet Life Media shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
13. Legal responsibility
Sweet Life Media assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.
Make sure you provide in relevant email notifications the necessary subscription related disclosures for state and other authorities that require them.
If you have any questions about these Terms, please contact us. firstname.lastname@example.org