Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE

Simbound – the Internet Marketing Simulation Game

Welcome to Simbound. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which are a legally binding contract between you and Simbound, which together with our privacy policy govern Simbound’s relationship with you in relation to this website. If you disagree with any part of the terms and conditions, please do not use our website.

The term ‘Simbound’ or ‘Website’ or ‘Us’ or ‘We’ refers to the owner of the website - S.C. Apollo Edtech SRL located at Al. Centralei no 2 , Sfantu Gheorghe, Covasna, Romania 520068.  S.C. Apollo Edtech SRL provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.

The term ‘you’ refers to the user or viewer of our website and ‘services’ stands for using our simulation games with a valid user account or browsing the https://www.simbound.com website.

Simbound may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services.  If we update or change these Terms, we will post the updated Terms https://simbound.com/en/terms. Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the "Last Updated" date above. We encourage you to review these Terms periodically.

Intellectual property rights

Unless otherwise stated, all intellectual property rights in the website and material on the website are owned by Simbound and are protected by laws of intellectual property and copyright protection. This material includes, but is not limited to the logo, the design, layout, look, appearance and graphics, other information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags ("Content").  The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of Simbound or its licensors (if any). 

Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Subject to the license below, all the intellectual property rights are reserved. All trademarks reproduced in this website, which are not the property of, or licensed to Simbound, are acknowledged on the website. These may include large commercial brands that are used in the scenarios to better illustrate complex business cases

The Simbound logo is a trademark and the property of S.C. Apollo Edtech SRL-D. The appearance, layout, colour scheme, and design of the simbound.com site is protected trade property. You do not receive any right or license to use them, except when Simbound grants permission through its partner or re-seller programs.  Any unauthorized use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with Simbound to prevent any unauthorized copying of the Services or Content.

You must not:

• (a) republish material from this website (including republication on another website);
• (b) sell, rent or otherwise sub-license material on the website
• (c) reproduce, duplicate, copy, reverse engineer or try to otherwise exploit material on our website for a commercial purpose, except in the situation that Simbound has specifically approved this in writing
• (d) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our e-mail newsletter, brochures, or case studies).
• e)  Use the Services in any manner that could damage, disable, overburden, or impair any Simbound website or interfere with any other party's use and enjoyment of the Services;

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions above

Notice Of Copyright Claims

Pursuant to claimed copyright infringement under Romania copyright law should be sent to louis[at]simbound[dot]com. ALL INQUIRIES NOT RELEVANT TO THE SERVICES WILL RECEIVE NO RESPONSE.

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting our copyright agent and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of Simbounde who are repeat infringers.

License to use website

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The Services that are available may change from time to time, and Simbound may choose to discontinue some or all of the Services, at its discretion.

You can access the simbound.com public website without registering for an account but you must register to gain access to the full range of Services. Your use of the Services is governed by these Terms regardless of whether you have registered or not. In the case your registration and/or access data is transmitted to a third party with or without your consent they will abide by these exact terms and conditions.

To register, you must provide Simbound with personal information, including your name, a valid personal or work e-mail address, and other information specified in the registration form ("Registration Data").  By registering, and in consideration of the use of the Services, you warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize Simbound to confirm the truthfulness and accuracy of the Registration Data.  If you provide any information that is untrue, inaccurate, not current or incomplete, Simbound has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Simbound has the right to suspend or terminate your license and refuse any and all current or future use of the Services.

By registering for, or accessing and using, the Services, you acknowledge receipt of, and signify your agreement to, the Simbound Privacy Policy, found at www.simbound.com/privacy-policy/ and incorporated herein by reference.

Membership in or use of the Services is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.

Simbound may, at its sole discretion, delete all of your data, images, content, and information upon your course’s end, or after a long period of inactivity from the user.

Limitation of liability

The information on the public version of https://simbound.com  website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by Simbound, we may terminate and/or suspend your access to any portion of the Services at no liability to you. Any such termination or suspension shall be at Simbound’s sole discretion and may occur without prior notice, or any notice. Simbound further reserves the right to terminate or suspend any user's access to the Services or to any portion of the Services in response to any conduct or activity that Simbound believes is or may be directly or indirectly harmful to other users (including but not limited to distributed denial of service (DDoS) or other attacks directed at our website), to Simbound or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local or foreign laws or regulations.

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

We disclaim all warranties regarding the security of the services.  In no event will we be liable in any way if information that you provide to us or collected through the services is accidentally released by us or accessed by third parties without our authorization or consent.

Simbound’s  provision of the Services is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of  the Services or information provided to or gathered by us with respect to such use.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability, which cannot be excluded or limited under applicable law.

You understand and agree that the foregoing limitation of liability is an agreed allocation of risk and an essential part of this agreement.  You understand and agree that absent your agreement to this limitation of liability, Simbound would not provide the services to you.

If, notwithstanding the other terms of this agreement, Simbound is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of Simbound and its officers, directors, managers, employees, affiliates, agents, contractors or licensors shall in all cases be limited to the total amounts actually paid by you for the services in the six month period preceding the event giving rise to such claim.

Personal Data Policy

Confidential customer data is the property of the customer. Simbound will not use personally-identifiable confidential data without prior customer consent or for purposes other than marketing communications of our services. Simbound may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes. The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law.

Payment & Refunds

Depending on your account type you will be prompted to pay for the ordered services using online payment services or through a bank wire transfer. You understand that transactions are not processed by Simbound and as such any request of information or claim which is payment related will have to be directed towards the payment processor and not Simbound. Simbound partners with carefully selected payment processing companies.

You have the right to ask for a refund for a payment that you made up until the first round deadline of the simulation whether this is a practice round or an actual round. In the case of when you do not have a set deadline for the first round of the simulation you can ask for a refund up until you run the first round of the simulation. Once the deadline of the first round in the simulation has been reached or a simulation round has been calculated at your command and the simulation has produced results we will not be able to refund your purchase anymore. Refunds can take up to 30 days to be processed. Please note that a small commission of up to 10% of the initial purchase value might be applied to each individual refund. To initiate a refund please log in using your account and click on the support button marked with a question sign in order to send a refund claim. 

Support

Not all user accounts benefit from Simbound support or implicitly the same level of support.  We attempt to respond to support questions within one business day; We do not promise or guarantee any specific response time.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a username and password to enable you to access restricted areas of our website or other content or services, you must ensure that that the user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID and password. You must immediately notify us of any unauthorized use of your password or account by sending an e-mail to: support@simbound.com.

We may disable your user username and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

Communications

You understand and agree that the Services may include certain communications from Simbound, its users, its agents or partners including service announcements and administrative messages and that these communications are considered part of your Simbound user license rights and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services as Simbound considers, including the release of new Simbound properties, shall be subject to these Terms.

You agree that we can use your personal or company name and logo in connection with marketing and promoting the Services.

Simbound takes commercially reasonable efforts to protect the privacy and security of the information that you provide to us or that you collect or submit while using the services. The transmission of data or information (including communications by e-mail) over the internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit.

The Services may involve communication with other users through chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging or communication facilities. You agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the particular Service, as determined by Simbound at its sole discretion. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

We reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Links To Third Party Sites

The Services may contain links to third-party web properties ("Linked Sites"). These properties are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Romanian law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Romania. For international settlements any such arbitration shall be held in London, England, and the language of the proceedings shall be English.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.

Notices

The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the website, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign