Terms of Service | SimpleSIRS

Last updated: August 18, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and SimpleSIRS, LLC, a Florida limited liability company ("SimpleSIRS," "Company," "we," "us," or "our"), governing your access to and use of our website, services, and platform (collectively, the "Services"). By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. Service Description and Scope

SimpleSIRS provides Structural Integrity Reserve Study (SIRS) compliance services, including but not limited to: (a) preparation of draft SIRS reports; (b) professional review and licensing of reports; (c) compliance monitoring and alert services; (d) document management and filing assistance; and (e) related consulting services (collectively, the "Professional Services"). Our Services are designed to assist Florida condominium associations and homeowners associations in meeting regulatory compliance requirements under Florida Statutes and applicable regulations.

3. Professional Relationship and Limitations

No Attorney-Client Relationship: SimpleSIRS is not a law firm, and no attorney-client relationship is created through use of our Services. Our Services do not constitute legal advice, and you should consult with qualified legal counsel for legal matters.

Professional Standards: While our reports are reviewed by licensed professionals, SimpleSIRS does not practice engineering or architecture. Licensed professionals engaged by SimpleSIRS maintain independent professional responsibility for their work product.

4. User Obligations and Representations

By using our Services, you represent and warrant that: (a) you have the legal authority to enter into these Terms; (b) you are at least 18 years of age; (c) all information provided is accurate, current, and complete; (d) you will maintain the confidentiality of your account credentials; (e) you will use the Services only for lawful purposes and in compliance with all applicable laws and regulations; and (f) you will not interfere with or disrupt the Services or servers connected to the Services.

5. Payment Terms and Refund Policy

Payment: All fees are due and payable in advance unless otherwise agreed in writing. Prices are subject to change with thirty (30) days' notice. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

Refunds: Refunds are provided solely at SimpleSIRS's discretion. No refunds will be provided for Services that have been substantially performed or delivered. Any approved refunds will be processed within thirty (30) business days.

6. Intellectual Property Rights

All content, materials, software, and intellectual property associated with the Services, including but not limited to text, graphics, logos, images, software code, and methodologies, are the exclusive property of SimpleSIRS or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for their intended purpose. You may not reproduce, distribute, modify, or create derivative works without express written permission.

7. Confidentiality and Data Security

SimpleSIRS acknowledges that Client may provide confidential information in connection with the Services. We will maintain reasonable security measures to protect such information and will not disclose confidential information except as necessary to perform the Services, as required by law, or with Client's written consent. However, SimpleSIRS cannot guarantee absolute security of electronic communications or data transmission.

8. Limitation of Liability

DISCLAIMER OF WARRANTIES: THE SERVICES ARE 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, AND NON-INFRINGEMENT.

LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLESIRS'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SIMPLESIRS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL SIMPLESIRS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

9. Indemnification

Client agrees to indemnify, defend, and hold harmless SimpleSIRS, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Client's use of the Services; (b) Client's violation of these Terms; (c) Client's violation of any applicable law or regulation; or (d) any third-party claims related to information provided by Client.

10. Termination

Either party may terminate this agreement with thirty (30) days' written notice. SimpleSIRS may immediately terminate or suspend access to the Services if Client breaches these Terms. Upon termination, Client's right to use the Services ceases immediately, and SimpleSIRS may delete Client data after a reasonable retention period.

11. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Mandatory Arbitration: Any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Broward County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver: Client waives any right to participate in class action lawsuits or class-wide arbitration against SimpleSIRS.

12. Force Majeure

SimpleSIRS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures of third-party systems.

13. Severability and Modification

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. SimpleSIRS reserves the right to modify these Terms at any time by posting updated Terms on our website. Continued use of the Services after such modifications constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy and any written agreements between the parties, constitute the entire agreement between Client and SimpleSIRS and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

15. Contact Information

For questions regarding these Terms of Service, please contact us at:

SimpleSIRS, LLC
1314 E Las Olas Blvd #2470
Fort Lauderdale, FL 33301
Phone: (754) 227-9134
Email: legal@simplesirs.com

Notice: These Terms of Service contain important legal provisions, including limitations of liability and dispute resolution procedures. Please read them carefully and consult with legal counsel if you have questions about your rights and obligations.