Terms & Conditions

1. Agreement

By creating an account with SimplyQuoting (“we”, “us”, “our”), you (“the Customer”, “you”) agree to be bound by these Terms & Conditions in full. If you do not agree with any part of these terms, you must not use the platform. These terms apply to all subscription plans, including free trials.

These terms constitute the entire agreement between you and SimplyQuoting with respect to your use of the platform and supersede any prior agreements, representations, or understandings.

These Terms and Conditions are an agreement between you and SullySoft, the operator of SimplyQuoting. SimplyQuoting is the product name and service brand used for the quoting platform. References to “SimplyQuoting,” “we,” “us,” or “our” mean SullySoft operating the SimplyQuoting platform.

Billing, invoices, receipts, subscription records, payment processor records, and bank or card statements may identify SullySoft as the merchant, payee, or service provider. Your use of SimplyQuoting remains governed by these Terms whether the product name SimplyQuoting or the business name SullySoft appears in billing or account records.

2. The service we provide

SimplyQuoting provides a cloud-based quoting platform (“the Platform”) that allows businesses to create, customise, and send quotes to their customers. Our obligation to you is strictly limited to:

• Making the Platform available for your use during your active, paid subscription period
• Maintaining reasonable uptime and availability, subject to scheduled maintenance, technical failures, and circumstances beyond our reasonable control
• Providing customer support as specified under your chosen plan
• Storing your data securely during your active subscription and for 60 days following cancellation

We reserve the right to modify, update, or discontinue features of the Platform at any time. Where changes materially affect your use of the service, we will provide reasonable notice.

3. Your responsibilities

You are solely and entirely responsible for:

• The accuracy, completeness, and legality of all content within your quotes, including pricing, line items, descriptions, terms of trade, and all representations made to your customers
• Ensuring that all quotes you issue comply with applicable laws, regulations, consumer protection requirements, and industry standards in your jurisdiction and the jurisdiction of your customers
• Any contract, obligation, or agreement formed between you and your customers as a result of a quote you send through the Platform, whether accepted electronically or otherwise
• All disputes, claims, refunds, penalties, or liabilities of any kind arising from quotes you issue, whether the quote was accepted or not
• Verifying all engine-generated outputs including: cutting lengths, pierce counts, material quantities, component lists, and cost estimates. Before sending them to customers
• Maintaining the security and confidentiality of your account credentials and restricting access to your account
• Ensuring all users on your account are aware of and comply with these terms

4. Limitation of liability

To the maximum extent permitted by applicable law, SullySoft expressly excludes all liability to you or any third party in connection with your use of the SimplyQuoting platform.

Without limiting the foregoing, SullySoft shall not be liable for:

• Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any kind arising from your use of or inability to use the Platform
• Any loss of revenue, loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or any other financial or commercial loss arising from quotes you create, send, or that are accepted through the Platform
• Any errors, omissions, or inaccuracies in engine-generated calculations, including but not limited to cutting lengths, pierce points, material quantities, component takeoffs, waste estimates, and cost calculations
• Any claim made by your customer arising from a quote you issued, including claims relating to inaccurate pricing, incorrect specifications, or unmet expectations
• Any loss of data arising from account termination, cancellation, or technical failure beyond our reasonable control
• Any third-party services, integrations, or payment processors connected to the Platform, including Stripe

Our total aggregate liability to you under or in connection with these terms, regardless of the cause of action, shall not exceed the total subscription fees paid by you to SimplyQuoting in the three (3) calendar months immediately preceding the event giving rise to the claim.

5. Subscriptions, billing & cancellation

Subscriptions and paid services are billed by SullySoft, which operates SimplyQuoting. Your invoice, receipt, payment processor record, or bank/card statement may show SullySoft rather than SimplyQuoting. This does not change your access to the SimplyQuoting platform or the terms that apply to your use of the service.

Access to the Platform is contingent on maintaining an active, paid subscription. The following terms apply to all billing arrangements:

• Subscriptions are billed monthly or annually in advance via Stripe. Prices are displayed in USD and are exclusive of applicable taxes unless stated otherwise
• Your 14-day free trial provides full access to your chosen plan. Your payment method will not be charged until the trial period ends. If you cancel before the trial ends, you will not be charged
• After the trial period, your subscription will automatically renew at the applicable rate unless cancelled
• You may cancel your subscription at any time from within your account settings. Cancellation takes effect at the end of your current billing period and you retain access until then
• We do not offer refunds for partial subscription periods, except where required by applicable consumer protection law
• We reserve the right to suspend or terminate your account for non-payment. Where possible, we will provide at least 7 days’ notice before suspension
• We reserve the right to change our pricing. We will provide at least 30 days’ notice of price changes. Continued use after the change takes effect constitutes acceptance of the new pricing
• Upon cancellation or termination, your data will be retained for 60 days, after which it will be permanently and irrecoverably deleted. You are responsible for exporting any data you wish to retain before this period expires

6. Acceptable use

You agree not to use the Platform to create, send, or facilitate quotes that are fraudulent, deceptive, misleading, or illegal in any jurisdiction. You must not:

• Use the Platform in any way that violates applicable laws or regulations
• Attempt to reverse-engineer, copy, or reproduce any part of the Platform or its quoting engines
• Use the Platform in a manner that could damage, disable, overburden, or impair the service or interfere with other users
• Share your account credentials with parties outside your organisation
• Resell or sublicense access to the Platform without our prior written consent

SimplyQuoting reserves the right to suspend or terminate accounts found to be in breach of this clause, without notice and without liability for any resulting loss.

7. Intellectual property

The Platform, including all software, algorithms, quoting engines, calculation logic, user interface, design, and documentation, is owned by SullySoft and/or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. SimplyQuoting is the product and service brand used for the Platform.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes during your active subscription. This licence does not include any right to sublicense, copy, modify, or distribute the Platform or any part of it.

You retain full ownership of all content you input into the Platform, including quote data, customer information, pricing, and business details. By using the Platform, you grant SimplyQuoting a limited licence to store and process this data solely for the purpose of providing the service.

8. Data & privacy

We collect and process personal data in accordance with our Privacy Policy, which forms part of these terms and is incorporated by reference. By using the Platform, you consent to our collection and use of data as described in the Privacy Policy.

We will not sell, rent, or trade your personal data or your customers' data to third parties. We use data only to provide, maintain, and improve the Platform. Quote data, customer information, and pricing data you enter remains your property.

We use Stripe to process payments. Payment card data is handled exclusively by Stripe and is never stored on SimplyQuoting's servers. Stripe's privacy policy and terms of service apply to all payment processing.

9. Changes to these terms

We reserve the right to update or modify these Terms & Conditions at any time. We will notify you of material changes by email to the address associated with your account at least 14 days before the changes take effect.

Continued use of the Platform after changes take effect constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must cancel your subscription before the changes take effect.

10. Governing law

These Terms & Conditions are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

Any dispute arising out of or in connection with these terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. You irrevocably submit to the personal jurisdiction of such courts for this purpose.

Nothing in this clause limits SimplyQuoting's right to seek injunctive or other equitable relief in any court of competent jurisdiction.