Terms and Conditions

1.1 "Platform" refers to the SimmyFix website, app, or any other interface through which the Services are accessed.

1.2 "Services" means the functionality provided via the Platform, including facilitating connectivity services offered by third-party Providers.

1.3 "User" refers to any individual or entity accessing or using the Services.

1.4 "Credits" refer to prepaid amounts purchased by Users for accessing the Services on a pay-as-you-go basis.

1.5 "Providers" refers to third-party entities offering services via the Platform.

2.1 Nature of Services: SimmyFix acts as a facilitator, providing Users access to third-party Providers' services. SimmyFix does not directly offer these services and assumes no responsibility for their quality, performance, or legality.

2.2 Geographic Availability: The Services may not be available in all locations. Users are solely responsible for ensuring compliance with local laws when accessing the Platform.

2.3 User Acknowledgment: By using the Platform, you acknowledge that SimmyFix is not responsible for the performance or conduct of Providers.

3.1 Access to the Platform is conditional upon compliance with these Terms.

3.2 SimmyFix reserves the right to modify or disable any part of the Platform at its discretion.

4.1 Users must register to access the Platform.

4.2 You agree to provide accurate, current, and complete information during registration and maintain the confidentiality of your login credentials.

4.3 Eligibility Requirements:

• You must be at least 18 years old
• You must have the legal capacity to enter into contracts
• You must not be barred from using the Services under applicable law

4.4 Account Security:

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access
• You may not share your account credentials with any third party

5.1 Pay-As-You-Go Model: The Services operate on a prepaid basis, requiring Users to purchase Credits to access features.

5.2 Payment Methods: Payments are processed via secure third-party providers and may include debit/credit cards or other supported payment methods.

5.3 Payment Obligations: Users are responsible for ensuring their account has sufficient Credits to access the Services.

5.4 Auto-Top-Up (Optional): If enabled, Users authorize SimmyFix to automatically charge their saved payment method to purchase additional Credits when their balance falls below a threshold.

5.5 Currency and Taxes:

• All prices are in USD unless otherwise specified
• Users are responsible for all applicable taxes and fees
• Prices may vary by region or jurisdiction

5.6 Payment Authorization:

• You authorize us to charge your payment method for all purchases
• You represent that you have the right to use any payment method you provide
• Failed payments may result in service interruption

6.1 Non-Refundable Credits: Purchased Credits are non-refundable unless otherwise required by law.

6.2 Credit Expiry: Credits expire 12 months from the date of purchase unless otherwise stated. Expired Credits cannot be reinstated.

6.3 Transparency: Credit balances and expiration dates are available in your account dashboard.

6.4 Transferability: Credits are non-transferable and cannot be exchanged for cash.

7.1 Refunds are not provided except in the following cases:

• Technical failures caused by SimmyFix
• Errors in processing payments

7.2 Refund requests must be submitted in writing to [email protected] within 14 days of the incident.

7.3 Approved refunds will be processed using the original payment method.

8.1 Users agree to:

• Use the Platform for lawful purposes only
• Protect their login credentials from unauthorized use
• Maintain updated account information
• Report any security breaches immediately
• Comply with all applicable laws and regulations

8.2 Users are solely responsible for any activities conducted through their account.

9.1 Users may not:

• Reverse-engineer or extract data from the Platform
• Engage in fraudulent or harmful activity
• Circumvent Platform security features
• Use the service for illegal activities
• Resell or redistribute the Services without authorization
• Interfere with other users' access to the Platform
• Upload malicious code or content

9.2 Violation of these prohibitions may result in immediate account termination.

10.1 Users may submit content to the Platform, such as reviews or comments. By submitting content, Users grant SimmyFix a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display this content.

10.2 Prohibited Content: Users must not submit content that is:

• Unlawful or promotes illegal activities
• Defamatory, harassing, or threatening
• Infringing on intellectual property rights
• False, inaccurate, or misleading
• Containing personal or sensitive information

11.1 Ownership: All intellectual property rights in the Platform, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by or licensed to SimmyFix.

11.2 Restrictions: Users may not:

• Copy, modify, or create derivative works of the Platform
• Use our trademarks without express written permission
• Remove any copyright or proprietary notices
• Use our intellectual property for commercial purposes

12.1 Data Processing and Legal Basis:

• We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR
• Processing is necessary for the performance of our contract with you
• Processing is based on our legitimate interests where applicable
• We obtain explicit consent where required by law

12.2 Data Security: We implement appropriate technical and organizational measures to protect your personal data.

12.3 Third-Party Processing: Some data may be processed by third-party service providers under strict contractual controls.

12.4 Your Data Protection Rights:

• Right to access your personal data
• Right to rectification of inaccurate data
• Right to erasure ('right to be forgotten')
• Right to data portability
• Right to object to processing
• Right to withdraw consent

12.5 International Data Transfers:

• Data may be transferred to countries outside the UK/EEA
• We ensure appropriate safeguards are in place
• Transfers comply with applicable data protection laws

13.1 Term: These Terms remain effective until terminated by either party.

13.2 Termination by User: Users may terminate their account at any time by contacting support.

13.3 Termination by SimmyFix: We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason, including breach of Terms.

13.4 Effects of Termination:

• All rights and licenses granted will terminate immediately
• Unused Credits will be forfeited
• Certain provisions of these Terms will survive termination

14.1 Service Changes: We reserve the right to modify or discontinue the Services at any time without notice.

14.2 Terms Updates: We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance.

14.3 Maintenance: We may temporarily suspend Services for maintenance, updates, or improvements.

15.1 Maximum Liability: SimmyFix's total liability is limited to the amount paid by the User for the Services in the 6 months preceding the claim.

15.2 Exclusions: SimmyFix is not liable for:

• Actions or omissions of third-party Providers
• Loss of data, profits, or business opportunities
• Indirect, consequential, or incidental damages
• Service interruptions or technical failures
• User-generated content or third-party links

15.3 Statutory Rights: Nothing in these Terms excludes liability for death, personal injury, or fraud.

16.1 Users agree to indemnify, defend, and hold harmless SimmyFix and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Violation of these Terms
• Unauthorized use of the Services
• Violation of any third-party rights
• User-generated content
• Any misuse of the Platform

17.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

17.2 The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

18.1 Jurisdiction: Any disputes shall be resolved exclusively in the courts of England and Wales.

18.2 Initial Resolution: Before commencing legal proceedings, parties agree to attempt to resolve any disputes through good-faith negotiations.

18.3 Time Limit: Legal proceedings must be commenced within one year after the cause of action arises.

19.1 Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including:

• Natural disasters or acts of God
• Government actions or regulations
• War, terrorism, or civil unrest
• Network or telecommunications failures
• Pandemics or public health emergencies

20.1 Users may not assign or transfer any rights under these Terms without SimmyFix's prior written consent.

20.2 SimmyFix may assign its rights and obligations to any successor in interest.

21.1 If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

21.2 Any unenforceable provision shall be replaced with a valid provision that best achieves the intended commercial purpose.

22.1 These Terms constitute the entire agreement between Users and SimmyFix regarding the Services.

22.2 These Terms supersede all prior agreements and understandings, whether written or oral.

22.3 No modification of these Terms shall be effective unless in writing and signed by both parties.