Effective Date: The date on which the Customer accepts this Agreement by clicking “I Agree,” accessing the Services, or using the SIMPLIFYhr portal, whichever occurs first.

This Services Agreement (“Agreement”) is entered into by and between SIMPLIFYhr (“Provider”) and the customer accessing SIMPLIFYhr’s HR portal, utilizing forms, or receiving guidance (“Customer”). By accessing and using the services provided by SIMPLIFYhr, the Customer agrees to the following terms and conditions.

1. Services Provided

SIMPLIFYhr provides access to HR compliance tools, form templates, guidance, and general support services through its online platform (the “Services”). These Services are intended for informational purposes and do not constitute legal, tax, or accounting advice. The Customer should consult their own legal counsel, accountants, or other professionals before making legal or financial decisions based on the information provided.

California Disclaimer: SIMPLIFYhr provides HR guidance based on general best practices and publicly available laws and regulations, including but not limited to California state labor laws. SIMPLIFYhr does not guarantee that the guidance provided is up-to-date or compliant with any specific situation. California law may differ from federal or other state laws, and SIMPLIFYhr makes no representations regarding the specific application of California’s unique employment laws to the Customer’s business.

2. No Liability for Use of Services

SIMPLIFYhr offers HR templates, forms, and guidance for informational purposes only. The use of these materials does not create an attorney-client relationship or any other privileged relationship. The Customer assumes all responsibility for the use of the Services and for complying with all applicable laws and regulations, including those specific to California, such as the California Fair Employment and Housing Act (FEHA), the California Labor Code, and the California Family Rights Act (CFRA).

3. Limitation of Liability

To the fullest extent permitted by law, SIMPLIFYhr’s total liability to the Customer for any claims arising out of or relating to this Agreement or the Services shall be limited to the total fees paid by the Customer to SIMPLIFYhr for Services rendered within the three (3) months preceding the event giving rise to the claim. In no event shall SIMPLIFYhr be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, whether based on breach of contract, tort (including negligence), or otherwise, even if SIMPLIFYhr has been advised of the possibility of such damages.

Acknowledgment of Limitation: The Customer acknowledges that SIMPLIFYhr’s liability is limited as described in this section and that this limitation is a material inducement for SIMPLIFYhr to enter into this Agreement.

4. California-Specific Employment Laws

SIMPLIFYhr Services are offered with the understanding that California employment laws, including but not limited to wage and hour laws, overtime, meal and rest breaks, paid sick leave, and anti-discrimination laws, are complex and subject to frequent changes. It is the Customer’s sole responsibility to stay informed of any updates in California law and to ensure compliance.

SIMPLIFYhr disclaims any responsibility for failure to comply with California law, including but not limited to the California Labor Code, Industrial Welfare Commission (IWC) Wage Orders, the California Consumer Privacy Act (CCPA), and other state-specific mandates.

5. Customer Responsibilities

• Accuracy and Legality: The Customer is solely responsible for the accuracy, legality, and appropriateness of all information and materials submitted through the HR portal.
• Compliance: The Customer is responsible for compliance with all applicable local, state (including California), and federal laws, including labor and employment laws specific to their industry.
• Professional Advice: The Customer understands that any use of forms or guidance provided by SIMPLIFYhr does not substitute for professional legal advice or representation.

6. Indemnification

The Customer agrees to indemnify, defend, and hold harmless SIMPLIFYhr, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, losses, liabilities, damages, judgments, awards, penalties, or expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

• The Customer’s use or misuse of the Services;
• The Customer’s violation of any applicable federal, state (including California), or local laws or regulations;
• Any claims made by third parties due to the Customer’s use of the Services.

7. No Warranties

SIMPLIFYhr makes no warranties or representations regarding the Services, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. The Services are provided “as-is” and “as available,” without any guarantees.

California Notice: Pursuant to California law, nothing in this Agreement is intended to waive any protections provided by California’s consumer protection laws, including but not limited to the California Legal Remedies Act (CLRA).

8. Termination

• By Either Party: Either party may terminate this Agreement at any time upon written notice to the other party.
• Immediate Termination: SIMPLIFYhr reserves the right to terminate or suspend the Customer’s access to the Services immediately, without prior notice, in the event of a violation of this Agreement or failure to comply with applicable laws.

9. Dispute Resolution

• Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in [Insert County], California, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules.
• Binding and Final: The arbitration award shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction.
• Exception for Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters related to intellectual property or unauthorized use of the Services.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Subject to the Dispute Resolution clause, any legal action arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in [Insert County], California.

11. California Consumer Privacy Act (CCPA)

• Compliance: If applicable, SIMPLIFYhr agrees to comply with the California Consumer Privacy Act (CCPA). SIMPLIFYhr shall not sell, retain, use, or disclose the Customer’s personal information except as necessary to provide the Services.
• Rights: Customers have the right to request the deletion of personal data held by SIMPLIFYhr, in compliance with the CCPA, subject to certain legal exceptions. SIMPLIFYhr may retain data as required by law or for legitimate business purposes, as permitted under the CCPA.

12. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13. Waiver

No waiver by either party of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.

14. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written, regarding its subject matter.

15. Modifications

• Right to Modify: SIMPLIFYhr reserves the right to modify this Agreement at any time.
• Notice of Changes: SIMPLIFYhr will notify the Customer of any material changes by posting the updated terms on its website and providing notice via email at least thirty (30) days before the changes become effective.
• Acceptance of Changes: By continuing to access or use the Services after the changes become effective, the Customer agrees to be bound by the modified terms.

16. Assignment

The Customer may not assign or transfer this Agreement or any rights or obligations under it without the prior written consent of SIMPLIFYhr. Any attempted assignment without such consent will be void.

17. Electronic Acceptance

This Agreement and any other agreements, notices, or communications regarding your account and/or your use of the Services may be provided to you electronically. You agree to receive all such communications electronically.

By clicking “I Agree” or accessing the Services, the Customer acknowledges that they have read, understood, and agreed to these terms.

SIMPLIFYhr
421 S. Brookhurst St. Suite 1182Anaheim, CA 92804
[email protected]