1. Acceptance of Terms

SimpleFrame is operated by BuildKind Tech LLC. By accessing or using SimpleFrame ("Service," "Platform," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

These Terms constitute an agreement between you and BuildKind Tech LLC regarding the SimpleFrame Service. Please read them carefully.

2. Description of Service

SimpleFrame is a SaaS point-of-sale and workflow product for custom framing businesses. Product capabilities may include:

Frame design canvas with real-time preview
Moulding and mat board catalog browsing
Design saving and management
Quotes, orders, work orders, customer records, pricing, and point-of-sale workflows
Account-based access to the features included in the selected plan

3. Account Registration and Eligibility

3.1 Account Requirements

To use certain features, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password confidential and secure
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account

3.2 Eligibility

You must be at least 18 years old to use our Service. By using SimpleFrame, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Subscription Plans and Billing

4.1 Available Plans

Current plan names, included features, prices, billing periods, and any setup work are shown on the applicable pricing, enrollment, or order materials presented to you. Those current materials control if they differ from a prior general description of a plan.

4.2 Billing Terms

Payment: All fees are charged in USD and processed through Stripe
Auto-Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annual) unless canceled
Price Changes: We reserve the right to modify pricing with 30 days' advance notice to existing subscribers
Late Payments: Failure to pay may result in service suspension or account termination
Taxes: You are responsible for all applicable sales, use, or value-added taxes

4.3 Promotional Offers

Promotional pricing and discounts are subject to specific terms and conditions. Promotional offers cannot be combined unless explicitly stated. We reserve the right to modify or cancel promotions at any time.

4.4 Setup and Customization

If your selected plan or order includes setup or customization, the terms disclosed in that order apply:

One-Time Setup Fee: A custom setup fee is required before activation, based on your specific customization requirements
Included Services: The applicable order will describe the included configuration and updates
Additional Updates: Work outside that scope may require additional fees disclosed before the work begins
Subscription: Any ongoing subscription price and billing period are the amounts shown in the applicable order or account
Non-Refundable: Setup fees are non-refundable once customization work has begun (see Section 5.2 and our Refund Policy)
Consultation: Customized work may require a consultation to determine scope and pricing

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your Account Settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.

5.2 Refund Policy

Please refer to our Refund Policy for detailed information about refund eligibility and procedures.

6. Acceptable Use Policy

You agree NOT to:

Use the Service for any illegal or unauthorized purpose
Upload content that infringes intellectual property rights, is defamatory, or violates privacy
Attempt to gain unauthorized access to our systems or other users' accounts
Reverse engineer, decompile, or disassemble any part of the Service
Use automated systems (bots, scrapers) to access the Service without permission
Interfere with or disrupt the Service or servers
Resell or redistribute the Service without authorization
Violate any applicable laws or regulations

7. Intellectual Property Rights

7.1 Our Property

SimpleFrame and all related software, design, text, graphics, logos, and source code are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

7.2 Your Content

You retain all ownership rights to images, designs, and other content you upload ("User Content"). By uploading User Content, you grant us a limited license to:

Store, display, and process your content to provide the Service
Create derivative works (e.g., thumbnails, previews) necessary for service functionality

We do not claim ownership of your User Content and will not use it for any purpose beyond service delivery without your explicit consent.

7.3 Copyright Responsibility

You are solely responsible for ensuring you have the right to upload and use any images or artwork. Do not upload copyrighted material without proper authorization.

8. Data Ownership and Privacy

You own all data you input into the Service, including frame designs and customer information (if using CRM features). Our use of your personal data is governed by our Privacy Policy.

Upon account termination, you may request a data export within 30 days. After this period, we may delete your data in accordance with our retention policies.

8.1 SMS Program

The first SimpleFrame SMS program is a separate, optional program for authenticated prospects who explicitly request a demo transactional text to their own number. It does not include marketing, independent-shop traffic, or invoice or payment links. The program is governed by the SMS Terms and Conditions and SMS Privacy Policy.

9. Service Availability and Support

9.1 Uptime

We strive to maintain 99.9% uptime for paid subscribers. However, we do not guarantee uninterrupted service and may conduct scheduled maintenance with advance notice.

9.2 Support

Free Plan: Community support via documentation
Professional Plan: Email support with 48-hour response time
Enterprise Plan: Priority support with 24-hour response time

10. Disclaimers and Warranties

10.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantee of Results

We do not guarantee that the Service will meet your specific requirements or that frame designs will be suitable for production. Always verify designs with your frame supplier before manufacturing.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLEFRAME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless SimpleFrame, its affiliates, and their respective officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from:

Your violation of these Terms
Your User Content or use of the Service
Your violation of any third-party rights, including intellectual property or privacy rights

13. Termination

13.1 By You

You may terminate your account at any time by canceling your subscription.

13.2 By Us

We may suspend or terminate your account if you:

Violate these Terms or our Acceptable Use Policy
Fail to pay subscription fees
Engage in fraudulent or abusive behavior

We will provide notice when reasonably possible, except in cases of severe violations or legal requirements.

13.3 Effect of Termination

Upon termination, your access to the Service will cease immediately. You will have 30 days to export your data before permanent deletion.

14. Modifications to Service and Terms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will notify you of material changes to these Terms via email or platform notice at least 30 days in advance. Your continued use after changes take effect constitutes acceptance.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws applicable to the parties and the Service, without regard to conflict-of-law principles. Nothing in these Terms limits rights that cannot be waived under applicable law.

15.2 Dispute Resolution

Any disputes arising from these Terms shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class-wide arbitration.

16. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and SimpleFrame
Severability: If any provision is found invalid, the remaining provisions remain in effect
No Waiver: Our failure to enforce any right does not constitute a waiver of that right
Assignment: You may not assign these Terms without our consent. We may assign them freely
Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control

17. Contact Information

For questions about these Terms, please contact us:

Email: legal@simpleframe.app
Support: support@simpleframe.app

Terms of Service