Simplifly Terms of Service

Simplifly Ltd. (“we”, “us” or “Simplifly”). We provide through our website (the “Site”) and mobile application (the “App”) an app designed to provide its users access to a platform including air travel tips, advice and information for nervous flyers (collectively, the “Services”). These Terms of Service (these “Terms”) constitute a legal agreement between Simplifly and yourself (“user or “you”). By accessing or using the Site or App and/or any of our Services, you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Notice, which is available at https://2simplifly.com/privacy-policy/ (“Privacy Notice”) and is incorporated herein by reference. If you do not agree to these Terms or the Privacy Notice, do not access or use the Services.

We reserve the right, in our sole discretion, to revise, modify or update these Terms at any time (including in order to remove functionality), and you agree to be bound by any revisions or modifications that we make. Therefore, please review these Terms periodically. Your continued use of the Services after any change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

Services

Your use of the Services is subject to the conditions of these Terms. You must be 18 years of age or older, or have the permission of your parent or guardian in order to use the Services. You may not use the Services if you are not allowed to do so by law or regulation. You may not provide access to or use the Services for the benefit of third parties or make commercial use of the Services or content that we provide. You also may not use any or all of the content we provide in order to create a database, whether in print or electronically. You may, however, use the Services in connection with your own activities. You may not use the App or the Services when doing so would be contradictory to instructions received on your flight or during your travels.

The Services may use Google Maps. By using the Services you agree to be bound by Google’s Terms of Use, which you can read at https://developers.google.com/maps/terms.

Accounts

You may register to use the Services by providing your name and email or by logging in through Facebook. We may change the method of registration at our discretion. By registering through Facebook you represent and warrant that the Facebook account is yours and you have full rights to provide us with the information in this account. We may refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Services, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.

Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via email at info@2simplifly.com.

Termination of Account

We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@2simplifly.com

In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.

You may request termination of your account at any time and for any reason by sending an email to info@2simplifly.com. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.

Information on the Services

Please note that the App and/or Site may present information obtained from and supplied by various sources.

Simplifly is not a health care provider and does not provide any type of therapeutic or medical consultation. Persons using this application assume full responsibility for the use of the Service and agree that Simplifly is not responsible or liable for any claim, loss, or damage arising from the use of the Services. Simplifly does not recommend or endorse any specific therapies, drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. Information provided by your flight crew or government authorities overrides any advice provided through use of the App or the Services.
Simplifly allows you to access and use the Service subject to the terms and conditions of these Terms for your own use only. The App is not for use for any commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed as informational only.
You must do your own research for all medical related decisions. These are your decisions to make. We may also provide links to other third party sites as well. Please note that we may stop providing or change such links at any time at our sole discretion. We cannot and do not take responsibility for any information or services provided by our partners, by the sites to which they link, or by other third party sites, as well as for any actions you may take through any third party sites, including those of our partners. Any activities on any third party sites are governed by their Terms of Service and Privacy Policies, which we recommend that you review. We cannot and do not take responsibility for whatever happens on the trips you take or for the safety or security of your flights or activities

Submissions

In order to make our Services more dynamic and useful, we may allow you to chat with our representatives, post comments or reviews or other Submissions to the Services and our forums. “Submissions” means anything material that a user transmits to the Services, our representatives or to another user while using the Services, including any text, audio or visual material. Please remember that you are responsible for any Submissions you post or transmit. Therefore, you represent and warrant that your Submissions do not infringe the intellectual property, moral, publicity or privacy rights of any third party, and that you have full rights to post or transfer such Submissions. If you submit any special data by means of the Submissions you consent to our processing of such data in accordance with the terms of our Privacy Notice. We do not pre-screen Submissions. However, we do reserve the right, at our sole discretion, to remove any Submissions that we believe violate the letter or spirit of these Terms.

Do not worry; we do not claim ownership of your Submissions. However, by sending any Submissions you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute Submissions in any manner whatsoever, in or out of context, in all languages, in all media, including for our promotional purposes. In short, if you submit something to us, we may use it.
We have certain rules for using our Services or making Submissions. Therefore, you agree that you will not:
● solicit another person’s password or other personal information under false pretenses
● impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise
● violate the legal rights of others, including defaming, abuse, stalking or threatening users
● infringe the intellectual property rights, privacy rights, or moral rights of any third party
● post or transmit any Submission that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material
● violate any applicable law, rule or regulation
● publish falsehoods or misrepresentations
● post or transmit any Submission that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services)
● post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component
● circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content
● use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index or data-mine the Services.

You may not, nor may you assist other parties to:

● copy, modify, or create derivative works of the Services
● reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, including our proprietary algorithm
● attempt to disable or circumvent any security mechanism of the Services.

We do not endorse any Submission or any opinion, recommendation, or advice that a Submission may include, and expressly disclaim any and all liability in connection with Submissions. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these Submissions.  Please realize that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to such Submissions.
Fees and Payment

You agree to pay Simplifly the fees as set forth in your account via the Google Store or Apple Store. For such purpose, you will be asked to provide customary billing information such as name, billing address and credit card information either to Simplifly or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Simplifly or indirectly, via a third-party online payment processor or by one of the payment methods described in the Services. If you are directed to a third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal data collection practices. Please review such terms and conditions and privacy policy before using such services.

Where applicable, in certain locations, taxes may also be charged. It is clarified that the fees published in your account do not include any applicable taxes or VAT. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes, and to clarify such information when making a payment. Simplifly does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.

Please note that Simplifly may impose or deduct foreign currency processing costs on or from any payments or payouts by Simplifly in currencies other than U.S. dollars.

Intellectual Property

Simplifly, its affiliates and its licensors own the Services, including any material, photos or content made available through the Services, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. You may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available through the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

No Warranties; Disclaimer

Your use of the Service is at your sole discretion and risk. The Service are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Simplifly. SIMPLIFLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND TO THE GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SIMPLIFLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service.
SIMPLIFLY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update Simplifly content information at any time without prior notice.
Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Simplifly with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Services, including any Submissions that you may choose to make available. Anyone receiving or viewing Submissions may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Services or through any Submissions. Please carefully select the type of information that you post on the Services or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMPLIFLY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SITE, APP, SERVICES, SUBMISSIONS OR CONTENT. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER.

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Services. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH TRAVELLING FOLLOWING USE OF THE SERVICES.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, account or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.

Additional Terms
Programs and devices that connect with the Application are provided by third parties. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Simplifly. Your use of those programs and devices is solely between you and the third party. Your use of them is governed by those programs’ separate terms of use and privacy statements. The programs’ terms do not apply to the service or to your legal relationship with Simplifly. Nothing in any third-party terms increases our liability or changes your relationship with us. Certain programs may not be available to all Simplifly users. Please review the terms and privacy statements provided with third-party programs. Be aware that they affect how you share your Personal Information when using that third-party program.
Miscellaneous

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Site, App and/or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to its jurisdiction. Any cause of action against us must be brought within one year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.

SimpliFly program is designed solely for educational purposes and should not be regarded as a substitute for clinical or psychological interventions. It does not provide treatment and is not intended to replace any necessary medical, therapeutic, or psychological support. If you have specific health concerns or require professional assistance, please consult with a qualified healthcare or mental health professional.”

Last updated: June 2020