Lasyk Networks, Inc. "SimpleSpa" owns and provides various websites, services, and software that facilitate online scheduling and management of appointments (collectively, the “Services”). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. In these Terms of Use, we may refer to SimpleSpa by Lasyk Networks, Inc. as “SimpleSpa,” “us,” or “we,” and “you” shall refer to you and your company. Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.

SimpleSpa reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the SimpleSpa website and under the “My Account” section of your SimpleSpa account, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

We may update these Terms from time to time. For changes that materially affect your rights or obligations, we will provide reasonable advance notice through the Services, by email, or by another appropriate method, except where a change is required sooner for legal, regulatory, fraud-prevention, or security reasons. Material changes will apply prospectively from the stated effective date. Your continued use of the Services after that date constitutes acceptance of the updated Terms.

These Terms of Use cover your use of the Services, including, but not limited to, the process by which consumers schedule and manage appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the SimpleSpa Privacy Policy, and all other SimpleSpa legal policies applicable to you, available on this website.

SimpleSpa has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. SimpleSpa also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.

You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your SimpleSpa account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.

You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card.

By registering, you agree that you will use the Services only for the purposes advertised on the SimpleSpa website or in other marketing material published by SimpleSpa, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.

In order to help increase your visibility online and the number of appointments scheduled through the Services, SimpleSpa may, at its sole discretion, perform certain marketing-related actions such as creating or updating a business profile page, displaying your business information within SimpleSpa directories, and optimizing listings for search engines or lead generation opportunities (collectively, the “SimpleSpa Marketing Actions”).

You authorize SimpleSpa to display and distribute your business information (such as business name, address, phone number, services, staff, hours, and online booking links) as reasonably necessary to perform the SimpleSpa Marketing Actions and provide the Services. You are responsible for ensuring that your business information is accurate and current.

SimpleSpa may offer optional marketing-related features or services from time to time. Any such optional features will be described at the time they are made available, and your use of those features (if any) is subject to these Terms of Use and any additional terms presented at the time of enablement.

You agree to pay all charges as set forth on the SimpleSpa website, in your SimpleSpa account, and/or in these Terms of Use. You agree that the address and email address you provide in your account settings are valid business addresses and that SimpleSpa may invoice you at such addresses or through other electronic or facsimile communications. A summary of all invoices will also be accessible through your Settings > Billing tab.

Any charge invoiced to you by SimpleSpa is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on SimpleSpa’s income. All fees paid to SimpleSpa by you pursuant to these Terms of Use are nonrefundable.

SimpleSpa reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the SimpleSpa website and/or in your SimpleSpa account and will be effective immediately.

Unless an order form, account screen, or written agreement states otherwise, paid subscriptions automatically renew for successive periods equal to the then-current billing period until canceled. You authorize SimpleSpa to charge the Payment Method on file for each renewal, applicable usage charges, and taxes. You may cancel or request a plan change using the controls available in your account or by contacting SimpleSpa support. Cancellation takes effect at the end of the then-current paid billing period unless applicable law or a written agreement requires otherwise. Fees already paid are nonrefundable and are not prorated except where required by law or expressly stated in writing.

Trials may expire, convert to a paid subscription, or require affirmative plan selection as disclosed during signup or in your account. We will provide reasonable advance notice of material price increases for an existing paid subscription. Plan changes may alter available features, limits, storage, messaging allowances, API access, or support.

SimpleSpa will invoice you on a monthly basis, in advance, for all amounts due to SimpleSpa. Each invoice shall set forth the fees to be incurred by you in the forthcoming month (a “SimpleSpa Invoice”). We agree to invoice you within one week of the first day of the applicable calendar month (the “Invoice Posting Date”).

By adding a credit card ("Payment Method") to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, and you authorize SimpleSpa to charge such credit card for amounts due under the SimpleSpa Invoices pursuant to the payment schedule set forth in this Section 7.

By adding a bank account ("Payment Method") to your account, either during registration or at any time thereafter, you warrant that such bank account is good and valid, and you authorize SimpleSpa to charge such bank account for amounts due under the SimpleSpa Invoices pursuant to the payment schedule set forth in this Section 7.

Payment Schedule: For each SimpleSpa Invoice, SimpleSpa will charge to the "Payment Method" listed in your account all amounts of such SimpleSpa Invoice on the anniversary of your billing cycle. Once an amount has been charged to your payment method, it is nonrefundable.

If, for whatever reason, SimpleSpa charges your credit card pursuant to Section 7, above, and the payment does not go through, SimpleSpa reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, SimpleSpa reserves the right to cancel your account. In the event SimpleSpa cancels your account for non-payment, all amounts due and unpaid from you to SimpleSpa for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, SimpleSpa reserves the right to seek payment using any remedies allowed to it by law.

If you wish to dispute any charge invoiced to you by SimpleSpa, you agree to submit the disputed charge to us no later than five (5) business days after we have invoiced you for the disputed charge. You are responsible for timely reviewing any SimpleSpa Invoice. You may submit a disputed charge by contacting us through the SimpleSpa website, via the My SimpleSpa > Settings > Billing when you are logged in, or by email, or telephone. We agree to review your message and work with you to find a timely solution.

SimpleSpa supports integrated payment processing through authorized third-party payment processors determined by SimpleSpa in its sole discretion (“Payment Processors”). In order to accept payments through the Services (including online booking deposits, card-on-file charges, invoices, and other supported payment features), you must register directly with, and maintain an active account in good standing with, an authorized Payment Processor.

You acknowledge and agree that SimpleSpa is not a payment processor, merchant of record, bank, or money transmitter, and does not process, hold, transmit, or settle funds on your behalf. All payment transactions are processed solely by the applicable Payment Processor pursuant to its own terms, conditions, and policies.

You represent and warrant that any information you provide to a Payment Processor is truthful, accurate, and current. You acknowledge that you are solely responsible for ensuring such information remains current, and that you may be unable to process or receive payments if you provide inaccurate or outdated information. SimpleSpa is not liable for any delayed, failed, reversed, or missed payments due to your failure to provide accurate and current information to a Payment Processor.

You acknowledge and agree that you are solely responsible for all payment-related fees charged by any Payment Processor, including transaction fees, currency conversion fees, dispute fees, and chargeback fees. You are also solely responsible for determining, collecting, reporting, and remitting any applicable taxes associated with payments you receive through the Services.

You are the merchant responsible for transactions with your customers. You are solely responsible for the goods and services sold; prices and descriptions; receipts; refunds and cancellations; chargebacks and disputes; taxes; gratuities and their distribution; recurring-payment disclosures and authorizations; and compliance with laws governing gift cards, stored value, memberships, subscriptions, deposits, automatic renewal, unclaimed property, and consumer protection.

You must comply with the applicable Payment Processor agreement and payment-card requirements, including the Payment Card Industry Data Security Standard to the extent applicable to your environment. Payment Processors may impose reserves, holds, limits, verification requirements, or account restrictions. SimpleSpa is not responsible for a Payment Processor’s acts, omissions, availability, settlement timing, or decision to restrict or terminate payment services.

SimpleSpa reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the SimpleSpa website or messages posted in your SimpleSpa account. Notices will be deemed effective at the time they are sent by SimpleSpa or as of date they are posted, regardless of whether you actually read any such notices.

You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.

You consent that any emails, surveys, other information or feedback you provide to SimpleSpa through the Services or via any other medium, except for Personally Identifiable Information, as defined in the SimpleSpa Privacy Policy, can be used by SimpleSpa in any manner, including but not limited to for testimonials, reviews and ratings on SimpleSpa or third party websites.

If you use the Services to send email, SMS, voice, appointment reminders, campaigns, or other communications, you are responsible for the content, recipients, timing, sender identification, and legal basis for each message. You must obtain and maintain all required consents and records and comply with applicable communications and marketing laws, including the Telephone Consumer Protection Act, CAN-SPAM Act, carrier requirements, do-not-call rules, quiet-hour restrictions, and opt-out or unsubscribe requirements.

You may not send messages to purchased, scraped, or unlawfully obtained lists. You must promptly honor opt-out requests and must not attempt to bypass suppression lists, messaging limits, carrier filtering, or compliance controls. Message delivery is not guaranteed, and messages may be delayed, filtered, or blocked by carriers and service providers. You are responsible for charges arising from your use of messaging features.

We grant you a license to use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “SimpleSpa Intellectual Property”) that are the exclusive property of SimpleSpa and/or its licensors. We do not transfer any rights in or to the SimpleSpa Intellectual Property to you.

Content of the Services that incorporates or includes any of the SimpleSpa Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SimpleSpa or the rightful owner, as applicable.

As between you and SimpleSpa, you retain your ownership rights in information, records, files, images, forms, communications, and other content that you or your authorized users submit to the Services on behalf of your business (“Subscriber Data”). You grant SimpleSpa and its service providers a worldwide, non-exclusive, limited license to host, copy, process, transmit, display, back up, modify solely for technical formatting, and otherwise use Subscriber Data only as reasonably necessary to provide, secure, maintain, support, and improve the Services; comply with your instructions; prevent fraud or misuse; and comply with law.

You represent that you have all rights, notices, consents, and lawful bases required to provide Subscriber Data to SimpleSpa and to instruct us to process it. You are responsible for the accuracy, quality, legality, and contents of Subscriber Data and for configuring access permissions appropriately. SimpleSpa may create and use aggregated or de-identified information that does not reasonably identify you, your business, or an individual.

The Services may permit you to collect forms, photographs, treatment notes, allergies, contraindications, and other information that may be sensitive or health-related. You must collect such information only when necessary and lawful for your services and must apply appropriate access restrictions.

Unless SimpleSpa and you have executed a separate written Business Associate Agreement (“BAA”) expressly covering the applicable account and features, the Services are not offered for your use as a business associate under the Health Insurance Portability and Accountability Act (“HIPAA”), and you must not use the Services to create, receive, maintain, or transmit protected health information where a BAA is legally required. A general reference to medical, wellness, clinic, or medi-spa functionality does not create a BAA or represent that HIPAA applies to or is supported for your account.

Confidential Information is any oral, written, graphic or machine-readable information disclosed by SimpleSpa that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of SimpleSpa, and to maintain the confidentiality of the Confidential Information.

It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the SimpleSpa website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

Certain features may use artificial intelligence or machine-learning services provided by SimpleSpa or third parties (“AI Features”). AI-generated content may be inaccurate, incomplete, misleading, offensive, non-unique, or unsuitable for your intended use. You are responsible for reviewing, editing, and approving all output before relying on, publishing, or sending it and for ensuring that your use complies with law, professional obligations, advertising rules, and third-party rights.

You must not submit personal information, confidential information, health information, payment-card data, authentication credentials, or other sensitive information to an AI Feature unless the feature expressly requests that information and SimpleSpa confirms that such use is permitted. Inputs and related output may be processed by third-party AI providers as described in the applicable feature notice and Privacy Policy. SimpleSpa does not guarantee ownership, copyright protection, accuracy, or availability of AI-generated output and disclaims liability arising from reliance on that output to the fullest extent permitted by law.

You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.

You are also responsible for all equipment required to access the Services, including (but not limited to):

a properly configured computer with broadband Internet access; a functioning and valid email address; any required software, including a supported browser that is configured to accept cookies, download images, and run JavaScript; and any other equipment needed to access the Services. When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.

You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

Use the Services through unauthorized interfaces or protocols; Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable; Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (except as applicable law expressly permits); Remove, obscure or alter any notices or indications of rights in or to the SimpleSpa Intellectual Property; Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any SimpleSpa servers; Take any action that imposes an unreasonable or large load on our infrastructure; Upload invalid data, viruses, worms, or other harmful software to the Services; Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by SimpleSpa; Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or Impersonate any person or entity in order to use, or through use of, the Services.

1. Availability – The SimpleSpa API is currently offered as a limited beta feature and is available solely on a request-only basis to approved Enterprise accounts. API access is not included in all plans and is not available to accounts on discounted, promotional, trial, legacy, or non-standard pricing arrangements unless expressly authorized in writing by SimpleSpa.
2. Discretion – All API access is granted at SimpleSpa’s sole discretion and may be limited by account type, subscription plan, region, technical capacity, compliance requirements, or other factors determined by SimpleSpa.
3. Prohibited Uses – Unless expressly authorized in writing by SimpleSpa, you may not:
• Use the API for bulk data export, including but not limited to client records, appointment data, transaction history, or any other material portion of the SimpleSpa database.
• Circumvent technical restrictions, security measures, or rate limits.
• Share, resell, or sublicense API access to any third party.
4. Beta Conditions – As a beta feature, the API may be modified, suspended, or discontinued at any time without notice. API performance and availability are not guaranteed, and SimpleSpa is not liable for any damages resulting from its use or unavailability.
5. Termination – SimpleSpa reserves the right to limit, suspend, restrict, or revoke API access at any time, without prior notice, for any reason, including suspected misuse, violation of these Terms, or changes in eligibility.

You are responsible for safeguarding API keys, tokens, and other credentials and for all activity performed with credentials issued to your account. You must promptly revoke exposed credentials and notify SimpleSpa of suspected unauthorized access or a security incident. You may provide API access to a contractor or integration provider only where authorized by SimpleSpa and only if that party is contractually required to protect Subscriber Data and comply with these Terms; you remain responsible for its acts and omissions.

You may not use the API to scrape the Services; build or enrich an unrelated data-broker, advertising, surveillance, or identity-resolution product; re-identify de-identified information; exceed documented rate limits; cache or retain data longer than necessary for the authorized integration; or access data beyond the permissions granted by the applicable Subscriber. Upon disconnection or revocation, you must stop API calls and delete data obtained through the API unless retention is legally required. SimpleSpa may log and monitor API activity for security, support, auditing, capacity management, and enforcement.

SimpleSpa believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify SimpleSpa’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the SimpleSpa website; Information reasonably sufficient to permit SimpleSpa to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:

Economou IP Law, P.O. Box A-3220 Chicago, IL 60690-3220 - DMCA Contact Form

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by SimpleSpa (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to SimpleSpa, you grant SimpleSpa the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and SimpleSpa’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify SimpleSpa for any claim regarding SimpleSpa’s use of your User Submissions.

SimpleSpa does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and SimpleSpa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

The Services may contain links to or allow you to access and use in connection with the Services third party websites and services (collectively, “Third Party Sites and Services”). SimpleSpa does not control, review, approve, monitor or warrant such Third Party Sites and Services and is not responsible for nor can guarantee the content of such Third Party Sites and Services. Unless otherwise explicitly stated, the inclusion of any Third Party Sites and Services in the Services or on the SimpleSpa website does not imply any endorsement by SimpleSpa of Third Party Sites and Services or any association with their operators. You use all Third Party Sites and Services at your own risk. The applicable third party's terms and policies, including the third party's privacy and data gathering practices, apply to the Third Party Sites and Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Services.

Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.

Before cancellation becomes effective, you are responsible for exporting Subscriber Data using available account features. Following termination or expiration, SimpleSpa may provide a limited retrieval period in its discretion or as stated in your plan or written agreement, provided your account is in good standing and all amounts due are paid. We do not guarantee retrieval after termination.

After any applicable retrieval period, SimpleSpa may delete or de-identify Subscriber Data from active systems, subject to legal obligations, dispute preservation, fraud prevention, security requirements, and normal backup rotation. Data remaining in backups will be protected and deleted or overwritten in the ordinary course. SimpleSpa may retain account, billing, transaction, security, consent, and support records where reasonably necessary for legitimate business or legal purposes.

SimpleSpa will provide the support generally described for your subscription plan and will use commercially reasonable efforts to operate and maintain the Services. Support channels, response targets, maintenance practices, features, and availability may vary by plan and may change over time. No uptime, response-time, recovery-time, or service-level commitment applies unless it is expressly stated in a separate written agreement signed by SimpleSpa.

The Services may be unavailable because of maintenance, updates, emergencies, third-party providers, internet or telecommunications failures, security threats, force majeure events, or other circumstances. SimpleSpa may deploy updates, bug fixes, security changes, and feature modifications as reasonably necessary. SimpleSpa reserves the right, but not the obligation, to monitor use of the Services and remove content to enforce these Terms, satisfy legal requirements, or protect the Services and the rights of others.

SimpleSpa uses reasonable administrative, technical, and physical safeguards designed to protect information processed through the Services. No system is completely secure, and specific infrastructure, hosting locations, certifications, or controls are not contractual commitments unless included in a signed written agreement. You are responsible for using strong, unique passwords; limiting user roles and permissions; securing devices and networks; maintaining current contact information; and promptly reporting suspected unauthorized access.

Your only remedy for any dispute with SimpleSpa is to stop using the Services.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of Cook and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SIMPLESPA. In the unlikely event that SimpleSpa has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any SimpleSpa claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Cook County, Illinois, unless you and SimpleSpa agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing SimpleSpa from seeking injunctive or other equitable relief from the courts as necessary to protect any of SimpleSpa's proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND SIMPLESPA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

These Terms of Use, other SimpleSpa legal policies as posted on the SimpleSpa websites, and any operating rules for the Services established by SimpleSpa constitute the entire agreement between SimpleSpa and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

To the extent allowed under applicable law, you agree to defend, indemnify and hold SimpleSpa, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorney's fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach of these Terms of Use or the representations and warranties made herein; (b) your violation of any applicable law or regulation; (c) any claim arising out of or relating to the goods and services provided by you, including but not limited to any claims for false advertising, product defects, personal injury, death, property damages, refunds, cancellations, chargebacks, or disputes; (d) your content, communications, promotions, pricing, or business practices; or (e) your use of any Third Party Sites and Services or Payment Processors.

THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. SIMPLESPA DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT SIMPLESPA WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLESPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. SIMPLESPA DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT USE OF THE SERVICES WILL RESULT IN ANY REVENUE, PROFIT, BOOKINGS, OR BUSINESS OUTCOME FOR YOU.

SIMPLESPA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SITES AND SERVICES, AND SIMPLESPA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT SIMPLESPA WILL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SIMPLESPA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF THIRD PARTY SITES AND SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. THE SERVICES ARE OFFERED BY SIMPLESPA FROM THE UNITED STATES OF AMERICA. SIMPLESPA MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IN NO EVENT SHALL SIMPLESPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, AND (IX) THIRD PARTY SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU'VE PAID SIMPLESPA IN THE SIX (6) MONTHS PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE FIRST CLAIM AT ISSUE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

THE FOREGOING EXCLUSION OR LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE MADE BY YOU WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE GIVING RISE TO SUCH CLAIM, OR THE CLAIM WILL BE DEEMED WAIVED BY YOU.

Please contact us with any questions regarding these Terms of Use.