Terms of Service

Last Updated: July 20, 2025

This Terms of Service (this “Agreement”) is a legally binding contract between you and Earth Payment Solutions, LLC d/b/a Simplify Business Technologies (“Simplify,” “us,” “we,” or “our”) regarding your access to or use of the Service (as defined in Section 1) or this website (the “Site”). References to “Customer,” “you,” and “your” refer to the individual, company, or other entity that accepts this Agreement by accessing the Site, creating an Account (defined below), using the Service or otherwise affirmatively accepting this Agreement through another means Simplify offers you. If the Service is being used on behalf of a company or other entity by an individual authorized to accept this Agreement on its behalf, then all references to “Customer,” “you,” or “your” refer to the company or other entity. If you are a company or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement. If you are not eligible, or do not agree to the terms and conditions of this Agreement, then you do not have our permission to access the Site or use the Service. Your access of the Site and/or use of the Service, and our provision of the Service to you, constitutes an agreement by Simplify and by you to be bound by this Agreement.  This Agreement is subject to the following, all of which are incorporated herein by this reference: (a) the terms or instructions appearing on the Site when enrolling for, activating, accessing or using the Service, (b) any additional operating rules, policies or procedures that may be published from time to time on the Site or through the Service, and (c) any Law (as defined in Section 1).

The Site and the Service are available only to individuals or entities who can form legally binding contracts under applicable Law. By using the Site or the Service, you represent and warrant that you are (i) at least 18 years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable Law, or (iii) are not a person barred from purchasing or receiving the Service under Law. Simplify may, in its sole discretion, refuse to offer the Service to you or change its eligibility criteria at any time.

YOU AGREE TO RECEIVE EMAILS/TEXTS/CALLS FROM OR ON BEHALF OF SIMPLIFY AT THE PHONE NUMBER YOU PROVIDE TO SIMPLIFY. THESE TEXTS/CALLS MAY INCLUDE OPERATIONAL MESSAGES ABOUT YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

1. Defined Terms

Certain capitalized terms used in this Agreement are defined in Section 14 (Definitions) and others are defined contextually in this Agreement.

2. Account Registration

1. 1. To access the Service, Customer must register for an account (“Account”) and, in doing so, may be required to provide Simplify with information (such name, email address, or other contact information). Customer represents and warrants that the information it provides to Simplify is accurate, current, complete, and not misleading and that it will keep it accurate and up to date at all times. If Simplify has reason to believe that Customer’s Account information is untrue, inaccurate, out-of-date or incomplete, Simplify reserves the right, in its sole and absolute discretion, to suspend or terminate the Account and this Agreement.
   2. Only Users, using the mechanisms designated by Simplify (“Log-in Credentials”), may access and use the Service. Each User must keep its Log-in Credentials confidential and not share them with anyone else. Customer is responsible for its Users’ compliance with this Agreement and all actions taken through their Log-in Credentials. Customer will promptly notify Simplify if it becomes aware of any compromise of any Log-in Credentials or any unauthorized access or use of the Service. Simplify is not liable for any loss Customer incurs due to any unauthorized use of its Account.  By registering and creating an Account, Customer represents and warrants to Simplify that: (a) it has not previously been suspended or removed from the Service; (b) its registration and use of the Service is in compliance with all Laws, and (c) it will not use the Service in connection with any illegal activities.
   3. Customer acknowledges and agrees that it has no ownership or other property interest in its Account and/or Log-in Credentials, and that all rights in and to Customer’s Account and Log-in Credentials are and shall forever be owned by and inure to the benefit of Simplify. Simplify reserves the right to verify all Users of the Service.

3. The Service

1. Use License. Subject to the terms and conditions of this Agreement, including payment of the Fees, during the term of this Agreement, Simplify grants Customer and, if Customer is a company or entity, Customer’s Users, a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Service for Customer’s personal, noncommercial use.  Customer agrees to ensure that its Users are notified of the terms and conditions of this Agreement prior to using the Service and comply with its terms.
2. Availability of the Service. Simplify will use commercially reasonable efforts to provide the Site and the Service on a twenty-four (24) hours a day, seven (7) days a week basis. Customer acknowledges and agrees that from time to time the Site and/or the Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that Simplify undertakes from time to time; or causes beyond the reasonable control of Simplify or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Customer acknowledges and agrees that Simplify has no control over the availability of the Site or the Service on a continuous or uninterrupted basis, and that it assumes no liability to Customer or any other party with regard thereto.
3. Restrictions. Customer will not (and will not permit its Users or anyone else to) do any of the following: (a) provide access to, distribute, sell, or sublicense the Service to a third party (other than Users); (b) use the Service on behalf of, or to provide any product or service to, third parties via a rental, lease, timesharing, service bureau or other arrangement; (c) use the Service to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code to the Service, except to the extent expressly permitted by Law (and then only with prior notice to Simplify); (e) modify or create derivative works of the Service or copy any element of the Service; (f) remove or obscure any proprietary notices in the Service; (g) publish benchmarks or performance information about the Service; (h) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (i) run any form of auto-responder or “spam” on the Service; (j) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or Service; (k) harvest or scrape any content or data from the Service; (l) transfer any rights granted to Customer hereunder; (m) transmit any viruses or other harmful materials to the Service; (n) take any action that risks harm to others or to the security, availability, or integrity of the Service; (o) access or use the Service in a manner that violates any Law or the terms of this Agreement or any policy or guideline of Simplify; (p) perform any false, abusive or fraudulent activity; or (q) use the Service with Prohibited Data or for High Risk Activities. Notwithstanding anything else in this Agreement, Simplify has no liability for Prohibited Data or use of the Service for High Risk Activities.
4. Support. Simplify will use commercially reasonable efforts to provide Customer with support for the Service.
5. Use of Customer Data. Customer grants Simplify the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data only as necessary to: (a) provide the Service; (b) derive or generate Usage Data; (c) create and compile Aggregated Data; and (d) as otherwise required by Laws or as agreed to in writing between the parties.
6. Privacy Policy. To the extent Personal Data (as defined in Simplify’s Privacy Policy at https://simplify.earth/privacy-policy/) is uploaded, transmitted, submitted, provided, or processed in connection with Customer’s use of the Service, Simplify will comply with the Privacy Policy.
7. Usage Data; Aggregated Data. Simplify may Process Usage Data and Aggregated Data to: (a) track use of the Service for billing purposes; (b) provide support for the Service; (c) monitor the performance and stability of the Service; (d) prevent or address fraud, security or technical issues with the Service; (e) to improve the Service, its other products and services, and to develop new products and services; (f) satisfy any Law, regulation, legal process or governmental request; (g) enforce this Agreement, including investigation of potential violations hereof; and (h) for all other lawful business practices, such as analytics, benchmarking, and reports. Customer will not interfere with the collection of Usage Data.
8. Customer Obligations. Customer is responsible for its Customer Data, including its content and accuracy, and will comply with Laws when using the Service. Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Simplify to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process the Customer Data set forth in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to the Customer Data.  Customer agrees to back-up all of its Customer Data so that Customer can access and use it when needed. Simplify does not warrant that it will back-up any Account or Customer Data, and Customer agrees to accept as a risk the loss of any and all of its Customer Data.
9. Suspension. Simplify may immediately suspend Customer’s and its Users’ access to the Service if: (a) Customer breaches Section 3.4 (Restrictions) or Section 3.9 (Customer Obligations); (b) Customer’s Account is 30 days or more overdue; (c) changes to Laws or new Laws require that Simplify suspend the Service or otherwise may impose additional liability on us; or (d) Customer or its Users actions risk harm to any of Simplify’s other customers or the security, availability, or integrity of the Service. Where practicable, Simplify will use reasonable efforts to provide Customer with prior notice of the suspension. If the issue that led to the suspension is resolved, Simplify will use reasonable efforts to restore your access to the Service.
10. Modifications to the Service. Simplify may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that Simplify will use commercially reasonable efforts provide Customer with 30 days’ prior notice in the event of any deprecation of any material feature or functionality of the Service). Simplify will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis with respect to any Order entered into or renewed after Simplify’s implementation thereof.
11. Customer Systems. Customer will provide and maintain any hardware, software, other technology, and infrastructure that Customer requires to access and use the Service in accordance with the current version of Simplify’s usage guidelines.
12. Third-Party Platforms. Use of Third-Party Platforms are subject to Customer’s agreements with the relevant provider and not this Agreement. Simplify does not control and have no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Service, Customer authorizes Simplify to access and exchange Customer Data with such Third-Party Platform on Customer’s behalf.
13. Security.  Simplify uses technical and procedural measures to secure Customer Data and Confidential Information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that these measures will always be effective. Customer acknowledges that it provides Customer Data and Confidential Information at its own risk.

4. Commercial Terms

1. Fees. All fees for the Service (“Fees”) will be paid in US dollars. Fees will be charged to the credit card Customer provides to Simplify for payment (“card on file”) every 30 days beginning on the effective date of this Agreement.  Any late or missed payments may result in Simplify suspending your access to the Service. All Fees and other expenses are non-refundable. Customer is responsible for any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to the Service, whether domestic or foreign, other than Simplify’s income tax (“Taxes”). Fees are exclusive of all Taxes.  All Fees are non-refundable.  Simplify reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
2. Authorization. Customer authorizes Simplify to charge all sums for its use of the Service as described in this Agreement, including all applicable Taxes, to Customer’s card on file. If your card on file is no longer valid at the time a Fee is due, then Simplify reserves the right to delete your Account and any information or Customer Data associated with your Account without any liability to you.
3. Pricing. Simplify reserves the right to determine pricing for the Service. Fees and other pricing information with respect to the Service is published on Simplify’s pricing page available at https://simplify.earth/#Pricing. Simplify encourages Customers to check it regularly for current pricing information. Simplify may change the Fees for the Service (including any feature or functionality of the Service) and Simplify will notify Customer of any such changes before they apply. Simplify may make promotional offers with different features and different pricing to any of Simplify’s other customers. These promotional offers, unless made to Customer, will not apply to you or this Agreement.
4. Processor.  We will use a third-party payment processor (the “Processor”) to process payments of Fees using Customer’s card on file. The processing of payments will be subject to the terms, conditions and privacy policies of the Processor in addition to this Agreement. We are not responsible for errors by the Processor.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS”. SIMPLIFY, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SIMPLIFY DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SIMPLIFY WILL REVIEW CUSTOMER DATA FOR ACCURACY, OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. SIMPLIFY IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE SIMPLIFY’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE PERFORMANCE TO THE SHORTEST LEGALLY PERMITTED PERIOD.

SIMPLIFY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES.  CUSTOMER’S USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT ITS OWN RISK. SIMPLIFY ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE.

6. Term and Termination

1. Term. This Agreement is made effective as of the date of your use of the Site or Services or the date of electronic acceptance. The term of this Agreement starts on the effective date and continues until terminated as provided herein.
2. Termination. Either party may terminate this Agreement if the other party: (a) fails to cure a material breach of this Agreement (including a failure to pay Fees) within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. If Customer violates any provision of this Agreement, then Customer’s authorization to access the Service and this Agreement will automatically terminate. In addition, Simplify may, in its sole discretion, terminate this Agreement or Customer’s Account on the Service, or suspend or terminate Customer’s access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to Customer arising from such termination. Customer may terminate its Account and this Agreement at any time via the portal in its Account or by emailing support@simplify.earth.
3. Effect of Termination. Upon expiration or termination of this Agreement: (a) Customer’s access to and Simplify’s obligations to provide the Service will cease, and (b) all licenses granted to Customer under this Agreement will terminate. During the term of this Agreement and for the 30 day period immediately following the date of termination of this Agreement, Customer may export data or information that Customer (including its Users) submits to the Service, including from Third-Party Platforms from the applicable Service. After that 30-day period, Simplify will be under no obligation to store or retain the applicable Customer Data and may delete the applicable Customer Data at any time in its sole discretion. Customer Data and other Confidential Information (defined below) may be retained in Recipient’s standard backups notwithstanding any obligation to delete the applicable Confidential Information but will remain subject to this Agreement’s confidentiality restrictions.
4. Survival. These Sections survive expiration or termination of this Agreement: 3.4 (Restrictions), 3.8 (Usage Data; Aggregated Data), 3.9 (Customer Obligations), 4.1 (Fees), 4.2 (Authorization), 5.2 (Disclaimer), 6.3 (Effect of Termination), 6.4 (Survival), 7 (Ownership), 8 (Limitations of Liability), 9 (Indemnification), 10 (Confidentiality), 13.1 (General Provisions), 13.2 (Governing Law), 13.3 (Additional Terms), 13.7 (Notice regarding Apple), and 14 (Definitions). Except where an exclusive remedy is provided in this Agreement, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.

7. Ownership

Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all intellectual property rights and other rights in Customer Data. Except for Customer’s use rights in this Agreement, Simplify and its licensors retain all intellectual property rights and other rights in the Service, Software, Usage Data, and Simplify’s technology, templates, formats, dashboards, scripts, graphics, images, photographs, applications, designs, features, sounds, music, videos and other materials that are available on the Site or otherwise available through the Service, and the trademarks, service marks and logos contained therein, including any modifications or improvements to these items made by us (“Simplify Content”).  Simplify Content is provided to Customer “as is”, “as available” and “with all faults” for Customer’s information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Simplify. If Customer provides Simplify with feedback or suggestions regarding the Service or its other offerings, Simplify may use the feedback or suggestions without restriction or obligation.

8. Limitations of Liability.

In no event will Simplify or its suppliers or licensors have liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of their possibility in advance. In no event will Simplify or its suppliers or licensors liability arising out of or related to this Agreement exceed in aggregate the amounts paid or payable by Customer to Simplify pursuant to this Agreement during the 12 months prior to the date on which the applicable claim giving rise to the liability arose under this Agreement.  The waivers and limitations in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

9. Indemnification

Customer will defend, indemnify and hold Simplify, its affiliates and each of their respective officers, directors, employees, agents and third party service providers (“Indemnified Parties”) from and against all damages, liabilities, claims, demands, losses, costs and expenses of every kind and nature (including without limitation reasonable attorneys’ fees), imposed upon or incurred by the Indemnified Parties directly or indirectly arising from or relating to (a) Customer’s or its User’s use or misuse of, or access to, the Service or the Site or otherwise from Customer Data, (b) violation of this Agreement, the policies or agreements which are incorporated herein, or any applicable Law, (c) infringement by Customer, or any third party using Customer’s Account, of any intellectual property or other right of any person or entity, (d) any other party’s access or use of Customer’s Account or the Service with Customer’s Log-in Credentials, or (e) Simplify’s use of Customer’s mobile number that has been provided by Customer to send transaction notifications and other details. Simplify reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with Simplify in asserting any available defenses.

10. Confidentiality

1. Definition. “Confidential Information” means information disclosed to the receiving party (“Recipient”) under this Agreement that is marked by the disclosing party (“Discloser”) as proprietary or confidential or, if disclosed orally, is designated as proprietary or confidential at the time of disclosure. Our Confidential Information includes the terms and conditions of this Agreement, Simplify Content and any technical or performance information about the Service.
2. Obligations. As Recipient, each party will: (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 3.6 (Use of Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. At Discloser’s request, Recipient will delete all Confidential Information, except, in the case where Simplify is the Recipient, Simplify may retain Customer’s Confidential Information to the extent required to continue to provide the Service. Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 10 and they are bound to confidentiality obligations no less protective than this Section 10.
3. Exclusions. These confidentiality obligations do not apply to information that Recipient can document: (a) is or becomes public knowledge through no fault of the receiving party; (b) it rightfully knew or possessed prior to receipt under this Agreement; (c) it rightfully received from a third party without breach of confidentiality obligations; or (d) it independently developed without using Confidential Information.
4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 10.
5. Required Disclosures. Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by Law, subpoena, or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.

11. Modifications

Simplify may modify this Agreement from time to time, and such changes or modifications shall be effective immediately upon posting to the Site or in your Account, or by sending you notice through the Service, via e-mail or by another appropriate means of electronic communication. If Simplify requires modifications and Customer objects, Customer’s exclusive remedy is to terminate this Agreement with notice to Simplify, in which case Simplify will provide Customer a refund of any pre-paid Fees for the terminated portion of the current term. To exercise this termination right, Customer must notify Simplify of its objections within 30 days after Simplify’s notice of the modified Agreement. Once the modified Agreement takes effect Customer’s continued use of the Service constitutes its acceptance of the modifications. Simplify may require Customer to click to accept the modified Agreement.

12. Miscellaneous

1. General Provisions. This Agreement, including the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between Customer and Simplify regarding your use of the Service. Customer may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without Simplify’s prior written consent. Simplify may assign this Agreement and all rights granted under this Agreement, including with respect to Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect Simplify’s right to require performance at any other time after that, nor will a waiver by Simplify of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) due to events beyond its reasonable control, such as a strike, pandemic, epidemic, health emergency, blockade, war, pandemic, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.  Throughout this Agreement the use of the word “including” means “including but not limited to.” If any part of this Agreement is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.  The parties acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of this Agreement and that, upon Customer’s acceptance of this Agreement, each such Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability and indemnification, as a third-party beneficiary thereof.  Except as expressly stated herein, including the rights of the Indemnified Parties and that of Apple, there are no other third-party beneficiaries to this Agreement.
2. Governing Law. This Agreement is governed by the laws of the State of Florida and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in Walton County, FL and both parties submit to the personal jurisdiction of those courts.
3. No Class Actions.  Customer may only resolve disputes with Simplify on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly not allowed.
4. Additional Terms. Customer’s use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that Simplify may post on or link to from the Service (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this  Agreement.
5. Consent to Electronic Communications. By using the Service, Customer consents to receiving certain electronic communications from Simplify, unless and until Customer withdraws its consent as described below. Simplify may communicate with Customer by email or by posting notices on the Site or on Customer’s Account or the Service.  Customer agrees that all agreements, notices, disclosures and other communications that Simplify provides to Customer electronically satisfy any legal requirement that such communications be in writing.  Customer should print a paper copy of this Agreement and any communication that is important to Customer and retain the copy for Customer’s records.  If Customer withdraws its consent to receive communications electronically, Customer may not use the Service.
   If Customer later decides that it does not want to receive future communications electronically, it must close its Account by contacting support@simplify.earth and stop using the Service.  There are no fees to close Customer’s Account with Simplify.  Any withdrawal of Customer’s consent to receive electronic communications will be effective only after Simplify has a reasonable period of time to process Customer’s withdrawal.
6. Contact Information. The Service is offered by Earth Payment Solutions, LLC d/b/a Simplify Business Technologies, located at P.O. Box 12, Freeport, Florida 32439. Customer may contact Simplify by sending correspondence to that address or by emailing Simplify at support@simplify.earth.
7. Notice to California Residents. If Customer is a California resident, then under California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

14. Definitions

1. “Aggregated Data” means Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies Customer or a specific individual.
2. “Customer Data” means any data or information that: (a) Customer (including its Users) submits to the Service, including from Third-Party Platforms; and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by Simplify to provide the Service to Customer.
3. “Customer Systems” means Customer’s hardware, software, other technology, and infrastructure that Customer is required to provide and maintain in order for Customer to access and use the Service.
4. “High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
5. “Laws” means all applicable relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications, and export of data.
6. “Privacy Policy” means the Privacy Policy available at https://simplify.earth/privacy-policy/.
7. “Process” means to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process.
8. “Prohibited Data” means any: (a) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (b) other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (c) social security numbers, driver’s license numbers, or other government ID numbers; or (d) any data similar to the above protected Laws.
9. “Service” means the applications, software, products, and services provided by Simplify.
10. “Software” means any software, scripts, or other code required by Simplify to operate the Service.
11. “Third-Party Platform” means any third-party platform, add-on, service, or product not provided by Simplify that Customer elects to integrate or enable for use with the Service.
12. “Usage Data” means information generated from Customer’s or its Users’ use of the Service.
13. “User” means any employee or contractor of Customer that Customer allows to use the Service on Customer’s behalf.