Purchase Terms
Our Hardware solutions are protected by our Manufacturer warranty terms found below. If your equipment is malfunctioning, and you meet the below criteria, we will be happy to process a RMA claim.
For more information, please follow – support.simplifi.io for more details related to technical troubles which could be perceived as a non-working device.
Warranty Terms:
- Length – Valid one year from date of purchase
- Extended Warranties are offered and proof of purchase would be necessary
- Coverage is valid only in the United States
- All claims must be reported within 60 days of the event
Warranty Coverage:
- Coverage applies to Simplifi “Hardware” device only, not to other connected devices powered through or with Simplifi
- Coverage covers the replacement of the Simplifi device provided it meets our minimum requirements
Warranty Minimum Requirements
- Device was not exposed to extreme temperature (hot or cold)
- Device was not exposed to excessive moisture and/or excessive condensation found within certain climates or outdoor conditions
- Device remains in tact in one piece and is has not been dropped or other physical damage either by person, animal or act of God
- Device is or was in normal working condition upon receipt
- Device was known to work in your area and within your Cellular Carrier at time of purchase
- Refer to www.simplifi.io/support for more info
- Device was purchased or provided by a known distributor, provider or other channel
Process for claim
Send a email to RMA@simplifi.io with the following information:
- IMEI number found on the back label of the device
- Where you purchase or obtained device
- Estimate last known working date
- Issue or details around when your device stopped working – if known
- Name and contact info including phone number to be contacted by support tech if applicable
For more information, please follow – support.simplifi.io for more details related to technical troubles which could be perceived as a non-working device.
Updated: May 23, 2018
This Simplifi Customer End User Subscription Agreement is between the entity you represent, or if you do not designate any entity, you individually (“Customer”, “you” or “your”) and Brightsky LLC dba “Simplifi”, Inc., a Florida-based LLC on its own behalf and on behalf of its affiliates (“Simplifi”, “we”, “us” or “our”). By clicking “I agree” you agree to these terms (“Effective Date”). Certain terms are defined in section 10.
1. This End User Subscription Agreement
1.1. Scope. This EUSA governs access to and use of (a) the Simplifi online platform that references this EUSA (the “Simplifi Solution”) and (b) any Services, Software, and Hardware that are ordered or administered using, or received through, the Simplifi Platform. The Simplifi Platform and such Services, Software, and Hardware are referred to collectively as the “Simplifi Platform”.
Simplifi SaaS Solution -
Simplifi Cloud Manager is a cloud-based solution allowing remote monitoring and management of Simplifi devices. This also includes notifications of specific device parameters and other key data.
Customer Support -
Online Knowledge base, website Chat, direct 1:1 support via phone or email to support@simplifi.io, training guides and best practices.
Concierge-Level Customer Service
- Priority communication and immediate response time to customers.
- Direct-line communication including custom communication channels and immediate escalation above other customers.
- Follows Tier-2 support guidelines.
- Includes Cloud Management services.
1.2. Solution Terms. Your Order and use of the Simplifi Platform is also subject to any additional terms that are specific to that Simplifi Solution (the “Solution Terms”). You will be required to accept the applicable Solution Terms when you register for the Simplifi Platform or Order the applicable Simplifi Solution.
1.3. Orders. Simplifi Solutions may be ordered through the approved reseller (each, an “Order”).
1.4. End User Subscription Agreement. The contract between you and Simplifi consists of the terms in this document, the applicable Solution Terms, and any Orders placed under this Agreement (together, the “End User Subscription Agreement” or “EUSA”). If there is any conflict between this document, the Solution Terms, or the Order with respect to a specific Simplifi Solution, the following priority will apply (a) the Order, (b) the Solution Terms, and (c) this EUSA.
2. Authorized Users
2.1. Authorized Users. You are responsible for designating individuals who are authorized to use the Simplifi Platform and Simplifi Solutions (“Authorized Users”) and for managing the rights and permissions of Authorized Users. Each Authorized User will be provided with a distinct account to access the Simplifi Platform (a “User Account”).
2.2. Your Responsibilities. You are responsible for any activities by Authorized Users, or by anyone else who accesses the Simplifi Platform using User Accounts. You are also responsible for revoking access for Authorized Users if you no longer wish them to have access. You should therefore ensure that you implement appropriate procedures to maintain the security and confidentiality of the access credentials used by Authorized Users to access the Simplifi Platform, and to revoke User Accounts when the Authorized User no longer requires access.
3. Simplifi Solutions; Orders
3.1. Access and Use. Subject to your compliance with this EUSA, , Simplifi grants you and your Authorized Users the right to access and use the Simplifi Solutions you have Ordered. You and your Authorized Users may use the Simplifi Solutions solely in accordance with the terms of this EUSA. Additional or different terms relating to the use of Simplifi Solutions may be included in the Solution Terms.
3.2. Restrictions. You may not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, share or otherwise commercially exploit or make the Simplifi Solutions available to any third party, other than to Authorized Users or as otherwise contemplated by this EUSA; (b) use the Simplifi Solutions to send or store any infringing or unlawful information; (c) send to or store malicious code in the Simplifi Platform; (d) interfere with or disrupt the integrity or performance of the Simplifi Solutions; (e) attempt to gain unauthorized access to the Simplifi Solutions or any related systems or networks; (f) alter, modify or create derivative works of the Simplifi Solutions; (g) frame or mirror any content forming part of the Simplifi Solutions; (h) reverse engineer the Simplifi Solutions for any purpose; (i) access the Simplifi Solutions for purposes of building a competitive product or service, or copy any ideas, features, functions or graphics of the Simplifi Solutions; or (j) directly or indirectly (including facilitating a third party), export or re-export the Simplifi Solutions from the country in which you have indicated they will be used without obtaining all applicable governmental licenses and complying with all applicable laws.
3.3. Prohibited Applications. You may not use the Simplifi Solutions in any application (a) where the failure of the Simplifi Solutions to function as intended could result in personal injury, death, or severe physical or environmental damage (“Safety-Critical Environments”), (b) that is regulated by agencies with authority over licensing and approval of health and medical applications, including the U.S. Food and Drug Administration, or (c) that violates the acceptable use policy of any Carrier.
3.4. Your Responsibilities. You will (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Simplifi Solutions, and notify us promptly of any unauthorized access or use; and (c) comply with all applicable local, state, provincial, federal, and foreign laws in using the Simplifi Solutions. You are solely responsible for ensuring that any hardware, software, service, or other solution you develop that utilizes the Simplifi Solutions complies with all applicable legal and regulatory requirements and telecommunications industry standards (e.g., FCC, PTCRB, RED), and for obtaining any required certifications and approvals.
3.5. Modifications and Limits. We may update the Simplifi Solutions from time to time, including to add or remove features. We may also discontinue certain Simplifi Solutions from time to time. We will endeavor to provide reasonable notice to you if we intend to discontinue or remove material functionality from a Service that you are using. We may also impose reasonable limits on the use of the Services, including the number and frequency of API calls or device communications.
3.6. Affiliates. If your affiliates use a Simplifi Solution in any way, they will be bound by this EUSA, but you agree to be jointly and severally liable for any actions of your affiliates related to their use of a Simplifi Solution.
3.7. Hardware Purchases. If you place any Orders for Hardware this EUSA will govern the Order for such Hardware. However, all terms relating to the purchase and sale of the Hardware (including delivery, warranty, indemnification, and limitation of liability) will be governed by Simplifi’s General Terms & Conditions of Sale, as posted at www.simplifi.io/purchase-terms at the time you place an Order for Hardware.
4. Subscriptions
4.1. Subscriptions. Some Services may be Ordered in advance for a defined term (“Subscriptions”).
4.2. Initial Subscription Term. The initial term of a Subscription will be specified in the Order, and if not specified, will be 12 months (the “Initial Subscription Term”). The Initial Subscription Term will start on the date the applicable Service is first made available to you.
5. Intellectual Property; Your Data; Confidentiality
5.1. Ownership of Simplifi Solutions and Network Information. We and our licensors retain all right, title and interest in the Simplifi Solutions, including any technology and intellectual property rights developed or used in order to provide the Simplifi Solutions to you. Unless otherwise specified in a statement of work, we will own all right, title and interest in and to any technology, deliverables and associated intellectual property rights we solely develop while performing professional services for you.
5.2. Ownership of Your Data. We do not claim any ownership over Your Data. We may use Your Data for the following purposes: (a) to provide the Simplifi Solutions to you and your Authorized Users, and (b) to comply with the terms of this EUSA and our legal obligations.
5.3. Security and Retention of Your Data. Without limiting section 8.2 or your obligations under section 3.6, we will implement reasonable risk-based measures, tailored to our systems, networks and environment, that are designed to assist you in securing Your Data against accidental or unlawful loss, access or disclosure. The Simplifi Solutions are not intended to serve as a repository of information or as a data archive, and accordingly we may delete Your Data without notice. However, we will provide thirty (30) days written notice if we believe that our deletion of Your Data is likely to materially affect your use of the Simplifi Solutions.
5.4. Feedback. We welcome feedback and suggestions relations to the Simplifi Solutions. If you choose to provide us with any feedback or suggestions, we will be entitled to use them in any manner without restriction, and without any obligation of confidentiality, attribution or compensation.
5.5. Confidentiality. The Receiving Party (a) shall not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this EUSA, and (b) shall not disclose any Confidential Information of the Disclosing Party, except to its employees and representatives who are not direct competitors of Disclosing Party who have a need to know such information. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so by any applicable law, by any rule or regulation of any court or government agency of competent jurisdiction, or pursuant to legal process; provided that the Receiving Party provides the Disclosing Party with prompt written notice of the requirement to disclose (unless prohibited by law), and reasonable assistance in contesting such requirement. The Parties agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Disclosing Party and that, in the event of such breach, the Disclosing Party will be entitled, in addition to any other available remedies, to seek immediate injunctive and other equitable relief. For clarity, a data security breach or other compromise to the security of Your Data will not be a breach of this section 5.5.
5.6. Personal Data. If Your Data includes any personal data that is governed by applicable privacy or data protection laws, it is your responsibility to ensure compliance with such laws. If you require us to enter into a data processing agreement (or any similar agreement relating to our processing of this data) you may contact us in accordance with section 9.2. We will have no obligations with respect to the processing of personal data (other than the confidentiality obligations in section 5.5) unless we have signed a separate data processing agreement. If we decline to sign such an agreement, your sole remedy is to terminate this EUSA in accordance with section 6.4(c).
6. Term and Termination; Suspension
6.1. EUSA Term. This EUSA will remain in effect until the later of (a) the termination or expiration of all Subscriptions, and (b) the date that access to the Simplifi Platform for all Authorized Users has been revoked, unless this EUSA is terminated earlier in accordance with section 6.3 or section 6.4. Termination of this EUSA will terminate all Subscriptions and all Orders.
6.2. Suspension. We may cease providing or suspend your access to the Simplifi Platform or any Service (in whole or in part) (a “Suspension”) if you do not pay Fees when due or if you violate any term of this EUSA. We may also Suspend if we are required to do so by applicable law, if we detect usage of the Simplifi Platform or Service that we reasonably believe to be fraudulent or excessive, or if your usage of the Simplifi Platform or Service is disrupting other users, our network, or the network of our third-party providers. We will endeavor to provide notice before a Suspension, unless we reasonably believe that we need to Suspend immediately. Once we have confirmed that the reason for a Suspension has been fully addressed, we will resume providing the Service or re-instate your access to the Simplifi Platform, as applicable.
6.3. Termination by Us.
- We may terminate this Agreement or any Subscriptions or Orders if you breach any material term of this Agreement, provided that we will provide you with written notice and 30 days to cure the breach.
- We may also terminate this Agreement (i) if you do not fully address the reason for a Suspension within 30 days after Suspension, or (ii) if there have been more than two Suspensions in any 12-month period.
6.4. Termination by You.
- Breach. You may terminate this EUSA if we breach any material term of this EUSA, provided that you provide the approved reseller with written notice and 30 days to cure the breach.
- Insolvency. You may terminate this EUSA if we cease our business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
- Convenience. You may terminate this Agreement as a whole on 30 days’ written notice to the approved reseller, however you will still be required to pay for any Orders you placed up to the effective date of termination.
6.5. Effect of Termination. If this EUSA is terminated for any reason, we will have no further obligation to provide the Simplifi Solutions to you, we may delete Your Data, and you will immediately cease using all Services. You may continue to use any Hardware that was previously sold to you. You may continue to use any Software that was previously licensed to you until the end of the applicable license term, unless we terminated this EUSA for your breach, in which case you will stop using the Software immediately. Termination will not relieve you of your obligation to pay Fees that accrued prior to termination. Sections 3.3 , article 5, this section 6.5, section 7.2, and articles 8, 9 and 10 will survive any expiration or termination of this Agreement.
7. Warranties
7.1. Solution Warranties. Our warranties with respect to the Simplifi Solutions are included in the applicable Solution Terms.
7.2. Exclusions. the representations and warranties set out in this EUSA are our exclusive representations and warranties in connection with this EUSA and the Simplifi Solutions. we specifically disclaim all other representations, warranties and conditions of any kind, express or implied, including, but not limited to, any representations, warranties or conditions (a) of merchantability, fitness for a particular purpose or non-infringement, (b) that the Simplifi Solutions will be provided on an uninterrupted or error-free basis; (c) that the Simplifi Solutions are secure; (d) that the Simplifi Solutions will operate satisfactorily in conjunction with your or any third party’s hardware, media, or software; (e) that we will correct program defects in software; or (f) that the Simplifi Solutions are suitable for use in safety critical environments. for clarity, nothing contained on the Simplifi Platform or on any Simplifi website, marketing materials or technical documentation constitutes a representation or warranty with respect to a Simplifi Solution.
8. Limitation of Liability
8.1. Limitation. Our aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the Simplifi Solutions or the performance or non-performance of this EUSA shall be limited to direct damages up to the aggregate amount of the fees paid under this EUSA in the 12-month period immediately preceding the date on which the claim arose.
8.2. Disclaimer. Neither party will be liable for any indirect, special, incidental, consequential, reliance or special damages in connection with or arising out of this EUSA or the Simplifi Solutions, nor for any loss of profits or revenues, lost data, failure to realize expected savings, interruption or loss of use of Simplifi Solutions, nor for any other commercial or economic losses of any kind, in each case whether based in contract, tort (including theories of negligence, recklessness, strict liability, or defective product liability), or any other legal theory, even if the party was advised of the possibility of such damages or they were reasonably foreseeable.
8.3. Exceptions. The limitations in sections 9.1 and 9.2 apply to the fullest extent permitted by applicable law, but do not apply to (a) either party’s obligations in section 5.5 (confidentiality), (b) violation of the other party’s intellectual property rights, or (c) your obligation to pay fees.
8.4. Third-party claims. You will at your expense defend us from, and pay any settlement amounts, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out, of any third party claim, suit or proceeding that is asserted against us, our affiliates or our respective officers, directors or employees that arises from or relates to any (a) breach of section 3.5, or (b) any dispute between you and any user of the Simplifi Solutions that you purchase under this EUSA.
9. Miscellaneous
9.1. Publicity. Unless required by applicable law, neither party will issue any press releases or make any other public announcements relating to this EUSA without the other party’s prior consent, which will not be unreasonably withheld. However, we may include your name and logo on websites and marketing materials that generally identify our customers or users of the applicable Simplifi Solutions. If you object in writing to such use, we will promptly remove the references to you.
9.2. Notices.
- Notices to you. We may send notices to you at the email address we have on record for you in the Simplifi Platform. Any notices we send to you will be deemed given when we send them. You are responsible for ensuring that the email address in the Simplifi Platform remains up-to-date. We may also from time-to-time post notices in the Simplifi Platform.
- Notices to us. If you need to send us any formal notices you must send them to the following address: Brightsky llc, dba Simplifi. 1004 Collier Center Way #200, Naples, FL34110, with a copy to info@simplifi.io. You must send notices by first class mail or by courier, and notices will be deemed given when we receive them.
9.3. Assignment. You may assign this EUSA or any of your rights or delegate any of your obligations upon notice to Simplifi. We may assign this EUSA if we provide notice to you. We may also assign this EUSA or any of our rights or obligations to one of our affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets relating to the Simplifi Solutions we are providing to you, without providing notice. Any purported assignment in contravention of the foregoing will be void.
9.4. Severability. Any provision of this EUSA which is, or deemed to be, unenforceable in any jurisdiction shall be severable from this EUSA in that jurisdiction without in any way invalidating the remaining provisions of this EUSA, and that unenforceability shall not make that provision unenforceable in any other jurisdiction.
9.5. Waiver. Failure to enforce any provision of this EUSA will not constitute a waiver.
9.6 Relationship. The relationship between the parties created by this EUSA is that of independent contractors and not partners, joint venturers, or agents. There are no third-party beneficiaries to this EUSA.
9.7. Modification. We may revise this EUSA from time-to-time, and the most current version will always be posted on our website or in the Simplifi Platform, which you should check regularly. If a revision is material (in our discretion) we will provide at least 30 days’ notice to you in the manner contemplated by section 3.5 above. By continuing to use the Simplifi Solutions after the revisions become effective, you agree to be bound by the revised EUSA. If you do not agree to the revised EUSA terms, you may terminate the EUSA within 30 days of receiving notice of the change.
9.8. Governing law and dispute resolution. All disputes arising out of or in connection with this EUSA, including the formation, interpretation, breach or termination thereof, or arising in connection with the Simplifi Solutions, shall be governed by the laws of the state of Florida, U.S.A. .
9.9. Interpretation. Headings have been inserted for convenience of reference only and will not affect the construction of this EUSA. Any reference to “including” means “including without limitation”. Any references to dollars or the use of the dollar sign ($) is a reference to united states dollars, unless expressly indicated otherwise.
9.10. Entire Agreement. This EUSA states the entire understanding between us with respect to the Simplifi Solutions, and supersedes all prior proposals, marketing materials, negotiations and other written or oral communications between the parties with respect to the subject matter of this EUSA. Notwithstanding any language to the contrary therein no terms or conditions that you include or reference on any purchase order or any of your other order documentation will be incorporated into or form any part of this EUSA, and all such terms or conditions will be null and void.
9.11. Force Majeure. We will be excused from performing so long as such performance is prevented by Force Majeure due to acts beyond our reasonable control including, acts of God, acts of public enemy, fires, explosions, cable cuts, power, blackout, earthquake, floods, strike, embargo, acts of civil or military authority, wars, terrorism, sabotage, civil unrest, accidents, epidemics, labor disputes (other than those with our own employees) labor shortages, government laws, acts of regulatory or governmental agencies, rules and regulations, power outages, carrier or third party network outages, or our inability to obtain products, services or data supplied by a third party on commercially reasonable terms.
11. Definitions
“Carrier” means any third-party provider of products, services, or facilities that we utilize in connection with providing the Simplifi Solutions including, without limitation, any third-party wireless, wireline, satellite, or hybrid telecommunications service provider or common carrier network operator, including such service provider’s or operator’s network and facilities.
“Confidential Information” means all confidential or proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”) whether in the possession of the other party prior to the EUSA Effective Date, whether orally or in writing, that is designated in writing as confidential. Our Confidential Information includes (a) the pricing and other terms included in Orders, (b) the specifications, technical details and software code relating to the Simplifi Solutions, and (c) Network Information. Your Confidential Information includes Your Data. Confidential Information excludes information which (i) is or becomes publicly available without a breach of any obligation owed to the Disclosing Party; (ii) is already known to the Receiving Party at the time of its disclosure by the Disclosing Party, without a breach of any obligation owed to the Disclosing Party; (iii) following its disclosure to the Receiving Party, is received by the Receiving Party from a third party without breach of any obligation owed to the Disclosing Party; or (iv) is independently developed by the Receiving Party without reference to or use of the Disclosing Party's Confidential Information.
“Hardware” means any module, gateway, modem, physical SIM card or other hardware device, but excluding any embedded software that comes pre-installed on the Hardware at the time of delivery.
“Network Information” means any data or information that is created by, derived from, utilizes or is necessary for, the operation of our network or the networks of our third-party providers, including any international mobile subscriber identity numbers (IMSIs), IP addresses, PICs, telephone numbers, network access identifiers and cell site locations.
“Service” means any service that we provide under this EUSA, including access to the Simplifi Platform and to any other software application that is hosted by us or on our behalf.
“Software” means any software (a) we provide to you for installation on a device that you own or control, or (b) that comes pre-installed on Hardware at the time of delivery (including firmware).
“Your Data” means (a) any unprocessed data or information that is collected by your devices or systems and transmitted to or from the Simplifi Solutions, and (b) any data or information that you or your Authorized Users submit to the Simplifi Platform, including any account, contact and payment information that you or they submit. Your Data does not include Network Information.
Updated: June 22nd, 2023
When you are experiencing an emergency, it’s important that we connect you to the right emergency service provider. Emergency call handling requirements to process 911 calls for VoLTE are Speech to Speech. The 911 center may collect your name, location, and other identifying information at the beginning of the 911 call to connect you to the most appropriate Emergency Services Provider or Public Safety Answering Point (PSAP).
For more information, please see the FCC Advisory Page
Simplifi 911 IP and VoLTE Relay Disclaimer: Although Simplifi can be used for connecting you to emergency calling, such emergency calling may not function the same as traditional 911/E911 services. By using Simplfi and Voicelink for emergency calling, you agree that Simplifi and the carrier are not responsible for any damages resulting from errors, defects, malfunctions, interruptions, or failures in accessing or attempting to access emergency services through IP Relay or Voice over LTE whether caused by the negligence of Simplifi or the carrier of record or otherwise. Other carrier may restrictions apply.
Updated: January 20th, 2023