TERMS OF SERVICE
1. Definitions
MOBILE application - Simplymassage mobile application available at Google Play and AppStore
Partner - an individual or an entity, who is not a customer, setting up an account in the MOBILE Application in order to add and edit advertisements.
Customer - an individual using the MOBILE Application; user viewing the content, viewing ads added by Partners.
Partner Account - registered access for massage salons, physiotherapy studios, independent masseurs and other individuals and entities adding advertisements in the MOBILE Application.
Advertisement - an advertisement containing photos, content and contact details for a specific facility or person.
Terms of Service - these regulations.
Fees - funds paid to the owner of the MOBILE Application through payments made as part of settling the cost of adding and extending the period of validity of Advertisements.
Agreement - adding an Advertisement in the MOBILE Application and the willingness to publish it after paying a fee in accordance with the Terms of Service.
Company - the owner of the MOBILE Application, at the same time the entity responsible for billing and development of the MOBILE Application.
Company data: 8Hell LLC - 8Hell Limited Liability Company, 1201 North Orange Street, Suite 7217, Wilmington, DE 19801, USA, File number: 5358708.
2. Initial provisions
Terms of Service define the terms and conditions for the provision of electronic services by the Company via the MOBILE Application, in particular the terms and conditions of using the MOBILE Application by Partners. Contact the Company via the e-mail address: info@simplymassage.biz
3. Rules for adding and removing advertisements
The partner has no limits in the number of added ads. Advertisements added by the Partner must contain true information and photos, the use of which is owned by the proprietary copyrights. Advertisements may not mislead customers, present non-existent services or false prices, persons, certificates. The partner is free to choose the photos presented, however, the Company reserves the right to delete advertisements containing pornographic photos and content, photos with full nudity ('topless' photos are acceptable) and content considered by the general public to be offensive. The company does not agree to the promotion of sexual services and reserves the right to delete such advertisements. The company reserves the right to delete blurry, very low quality photos, evoking clear suspicions as to their authenticity. Advertisements that do not comply with the Therms of Service will be removed without reimbursement of the fees incurred by the Partner.
4. Responsibility for content
The partner is responsible for the content of the advertisements, legal conditions regarding the photos, logos, graphics and other forms placed in the advertisements. The Company is not responsible for the content and photos added by the Partner, however, if it receives verifiable information regarding their falsehood, it undertakes to remove them. The Company will use the added photos, content and contact details only for the purpose of presenting advertisements in the MOBILE Application and in the social media (Instagram, Facebook) run by the Company and directly related to the MOBILE Application. Those materials will not be made available or sold to entities or third parties. The Company authorizes or verifies photos or certificates via the e-mail address: info@simplymassage.biz
5. Fees
The 30-day cost of displaying one advertisement in the MOBILE Application is GBP 39 (for GB area) and 39 Euro (for Ireland). The company reserves the right to do promotions, and display advertisements free of charge. Each time this information will be provided to the Partner in the process of adding an Advertisement. The company is obligated to reimburse the fees incurred if the advertisement is not displayed for a period longer than 10% of the time for which it was paid. The exceptions are situations described in the law as 'force majeure', the occurrence and course of which the Company has no control over, i.e. war, tsunami, earthquake, hurricane, martial law, state of natural disaster, state of emergency.
6. Complaints
Any complaints regarding the MOBILE Application performance, the display of added and paid advertisements and the method of presenting the content or the technical efficiency of the MOBILE Application, should be sent to the following e-mail address: info@simplymassage.biz
7. Final Provisions
The Company reserves the right to amend the Terms of Service and other documents used by the Company in terms of the operation of the MOBILE Application. The new terms is effective from the date of its publication on the MOBILE app. In case of a change in any of the above-mentioned regulations during the period of the advertisement's display, the Company will notify the Partner of the change to the Partner's e-mail address provided in the registration process. The Partner may not accept the changes and in this case has the right to terminate the Agreement with immediate effect by submitting an appropriate declaration in writing or in a documentary form, to the e-mail address indicated in the Terms of Service. Any disputes arising from the Agreement will be settled by the competent common court for the seat of the Company. The Company shall have the right to send to the Affiliate's email address provided during registration any reminders, notifications regarding the impending expiry of the Fees or non-compliant images or content. The Company has the right to send to the Partner's e-mail address provided during registration any prompts, notifications regarding the upcoming expiry of the validity of the Fees or photos or content not in accordance with the Terms of Service. In the event that any provision of the Regulations, as well as other documents approved by the Partner, turns out to be invalid or ineffective, it will not in any case result in the invalidity of the cooperation undertaken. In such a situation, the parties will make every effort to replace the provision considered invalid or ineffective with a valid and effective provision as close as possible to the original intention of the parties. By adding an advertisement, the Partner agrees to start providing the service of its publication before the deadline to withdraw from the contract, which results in the loss of the right to withdraw from the contract.
8. PROMOTION RULES
These regulations supplement the Terms of Service, thus the definitions, provisions and rules contained in the Regulations apply. The regulations of the promotion are valid from July 15, 2022 until canceled by the Company. The company will cancel the Promotion Regulations by removing it from the MOBILE Application. The cancellation of the Promotion Regulations does not cancel the rights acquired during its validity described in point 5 of the Promotion Regulations. The promotion regulations extend the period of free publication of Advertisements in the MOBILE Application on the following principles: Advertisements will be active free of charge by the Partner for a period of 21 days from their publication. The Partner may add up to 5 Ads containing the same telephone number for a 21-day free publication period. Each additional advertisement containing the same telephone number will require a Fee prior to its publication in accordance with the Regulations. During the 21-day free publication period, the Partner may not change the telephone number in the Ads covered by it. In the event of blatant attempts by the Partner to circumvent the provisions of the regulations by publishing a significant number of Advertisements presenting the same person or place with different telephone numbers, the Company has the right to suspend the Partner's Account.