Terms of Use

Overview

These Terms of Use (“Terms”) govern your use of the Simply Zone website at www.simply-zone.com (the “Website”) and the Simply Zone app for iOS (the “App”, together the “Services”), provided by Nanotech Computers (Pty) Ltd (“Nanotech Computers”, “we”, “us”). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services. We may update these Terms from time to time; your continued use after changes means you accept the updated Terms.

Who may use the Services

You may browse the Website freely. To use the App you need a compatible Apple device running a supported version of iOS. The Services carry a 4+ age rating and are suitable for a general audience; if you are a minor, you may use them with the involvement of a parent or guardian where required by law.

Licence to use the App

The App is licensed, not sold, to you. Subject to these Terms and the Apple Media Services and App Store terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services except as permitted by law.

Acceptable use

You agree to use the Services lawfully and not to:

• break any applicable law or regulation;
• reverse-engineer, tamper with, or attempt to gain unauthorised access to the Services or their systems;
• interfere with or disrupt the Services; or
• infringe anyone’s intellectual-property or privacy rights.

Content you provide

Where the App lets you add your own content, you are responsible for what you add and you confirm that you have the right to use it. Content you add is processed only on your device; we do not receive, store, or claim any ownership of it.

Content we provide

The App includes content we supply for your personal use within the App. Availability may change over time, and some content may need to be downloaded before it can be used offline.

Optional features and permissions

Some features are optional and need a device permission before they can run. You can decline, and the rest of the App keeps working; you can also withdraw a permission at any time in the iOS Settings app. As set out in the disclaimer above, anything such a feature produces is an estimate rather than professional advice. See our Privacy Policy for how that data is processed.

Price and payment

Simply Zone is a paid app. You buy it once, from the Mac App Store, and everything in it is then yours: unlimited clocks, the menu bar display and its formatting options, the time converter, the meeting planner, the world map, the moon almanac and the desktop widget. The price shown is for the US storefront; every other storefront shows Apple’s local equivalent, and the App Store shows the exact amount in your own currency before you buy.

• One purchase, once. US$1.99 on the US storefront. There is no in-app purchase, no subscription, no renewal and no trial that converts into a charge, so once you have bought the App nothing in it will ever ask you for money again.
• Payment and re-downloading. Payment is charged to your Apple Account at confirmation of purchase. The purchase is tied to that account, so you can download the App again on any Mac you own or control by signing in with the same Apple Account. There is no restore step, because the App is the purchase.
• Price changes. We may change the price from time to time. A change never affects a copy you have already bought.
• Refunds. Purchases are processed by Apple, and refunds are handled by Apple under the App Store Terms of Service. Go to reportaproblem.apple.com to request one. We generally cannot grant refunds directly.

Intellectual property

The Services, including their software, design, and logos (other than third-party or openly licensed content), are owned by Nanotech Computers or its licensors and are protected by the intellectual-property laws of South Africa and by international treaty. You may not reproduce or redistribute substantial parts of the Services without our written consent.

Third-party services and links

The Services rely on and link to third parties, including Apple and our hosting and purchase infrastructure providers, each of which has its own terms and policies. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

Disclaimers

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any estimate or insight they produce will be accurate.

Limitation of liability

To the maximum extent permitted by law, Nanotech Computers and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of or inability to use the Services, including any reliance on their output. Nothing in these Terms excludes liability that cannot be excluded by law.

Indemnification

You agree to indemnify and hold harmless Nanotech Computers and its officers, employees, and agents from any claims, losses, and reasonable costs arising out of your misuse of the Services or your breach of these Terms.

Termination

We may suspend or end your access to the Services at any time, with or without notice, including if you breach these Terms. On termination, your licence to use the App ends and you must stop using the Services.

Governing law and disputes

These Terms are governed by the laws of South Africa. We will try to resolve any dispute informally first: please contact us. If a dispute is not resolved within 30 days, either party may bring a claim in a competent court of South Africa.

Apple App Store: additional terms

The following terms apply to the App obtained from the Apple App Store and prevail over any conflicting terms above to the extent of the conflict:

• These Terms are between you and Nanotech Computers only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal or regulatory non-compliance, and consumer-protection claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Contact

Nanotech Computers (Pty) Ltd (registration 2017/122030/07), South Africa. Questions about these Terms? Contact us at [email protected].