Terms and Conditions

1. Acceptance of Terms

By creating an account or otherwise accessing Simple Smart CMMS (the "Service"), you ("Customer," "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not create an account or use the Service. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Service

Simple Smart CMMS is a subscription-based, web-hosted software tool for work order management, asset tracking, inventory logging, and cost reporting. The Service is provided on an "as available" basis as described in Section 5.

3. Accounts and Eligibility

You must provide accurate registration information and are responsible for maintaining the confidentiality of your login credentials. You are responsible for all activity that occurs under your account, including actions taken by users you invite.

4. Subscription, Billing, and No Contract

The Service is billed monthly per the pricing displayed at signup. There is no long-term contract; you may cancel at any time, effective at the end of the current billing period. No refunds are issued for partial billing periods. Failure to pay may result in suspension or termination of access.

5. Service Availability; No Uptime Guarantee

5.1 "As Available" Basis. The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

5.2 Downtime. The Service may be unavailable due to scheduled maintenance, unscheduled maintenance, third-party infrastructure failures (including but not limited to hosting, database, or DNS providers), or events beyond our reasonable control. We are not liable for any loss, damage, or inconvenience arising from Service unavailability, and we do not offer service-level credits or refunds for downtime unless separately agreed in writing.

5.3 No Guarantee of Continued Operation. We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, temporarily or permanently, at any time and without liability to you. Where reasonably practicable, we will attempt to provide advance notice of a planned discontinuation to allow customers to export their data, but no minimum notice period is guaranteed.

6. Data — Customer Responsibility and Limitation of Liability

6.1 Customer Responsibility for Backups. While we take reasonable measures to safeguard data stored on the Service, you are solely responsible for maintaining your own independent backups of any data you consider critical. You should routinely export records (e.g., via available PDF/export functions) for your own retention.

6.2 No Warranty Against Data Loss. We do not guarantee against data loss, corruption, or unauthorized access, whether caused by technical failure, third-party service failure, security incident, human error, or discontinuation of the Service. To the maximum extent permitted by law, we disclaim all liability for data loss.

6.3 Deletion on Termination. Upon cancellation or termination of your account, we may delete your data after a reasonable retention period (see Section 9). It is your responsibility to export any data you wish to retain prior to cancellation.

7. Reports and Data Accuracy Disclaimer

7.1 Informational Purposes Only. All reports, summaries, cost totals, and exports generated by the Service (collectively, "Reports") are provided for general informational and operational tracking purposes only.

7.2 Not Financial, Compliance, or Professional Advice. Reports are not intended to be relied upon for financial, accounting, budgeting, regulatory, compliance, grant reporting, or other decision-making purposes. Reports do not constitute financial, legal, engineering, or professional advice of any kind.

7.3 Duty to Verify. All data entered into the Service is user-supplied. We do not independently verify, audit, or guarantee the accuracy, completeness, or reliability of any data or Report. Customer is solely responsible for independently verifying and fact-checking all data and Reports before relying on them or using them for any decision, filing, or third-party submission.

7.4 No Liability for Reliance. We disclaim all liability for any decision made, or loss incurred, in reliance on any Report generated by the Service.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• In no event shall Simple Smart CMMS, its owner, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, loss of business, or downtime, arising out of or related to your use of the Service.
• Our total aggregate liability for any claim arising from these Terms or the Service shall not exceed the total fees paid by you in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability; in such jurisdictions, the above limitations apply to the fullest extent permitted by law.

9. Termination

9.1 By Customer. You may cancel your subscription at any time through your account settings or by written request.

9.2 By Us. We may suspend or terminate your access to the Service, with or without notice, for non-payment, violation of these Terms, or discontinuation of the Service under Section 5.3.

9.3 Data Retention Following Termination. Following termination, account data may be retained for a limited period (e.g., 30 days) to permit export, after which it may be permanently deleted. We are not obligated to retain data beyond this period.

10. Indemnification

You agree to indemnify and hold harmless Simple Smart CMMS and its owner from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or data you submit through the Service.

11. Governing Law

These Terms are governed by the laws of the State of Alaska, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in the City and Borough of Sitka, Alaska.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. Material changes will be communicated via email or in-app notice where practicable.

13. Contact

Questions about these Terms: hello@simplesmartcmms.com