SimpleTerms of Service
Effective date: 10 May 2026, Alexander Wasserman
1. Acceptance
By creating an account or using SimpleOTA (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.
The Service is operated by Alexander Wasserman, an individual based in the Netherlands (“we”, “us”, “our”). Contact: [email protected].
The Service is intended for business and professional use. If mandatory consumer law applies to you, nothing in these Terms limits or excludes rights that cannot lawfully be limited or excluded.
Our Privacy Policy explains how we process personal data.
2. Description of Service
SimpleOTA is a firmware over-the-air (FOTA) delivery platform for ESP32 devices. It allows developers to upload firmware artifacts and deliver them to registered device fleets via pre-signed, time-limited download URLs.
3. Accounts
You must provide accurate registration information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorised access.
4. Acceptable Use
You may use the Service only for lawful purposes. You must not:
- Upload firmware that contains malware, spyware, or any malicious code;
- Use the Service to attack, damage, or interfere with any device or network;
- Circumvent plan limits or authentication mechanisms;
- Resell or sub-license access to the Service without our prior written consent;
- Violate any applicable law or regulation.
We reserve the right to suspend or terminate accounts that violate this section without prior notice.
5. Firmware Safety: Important
SimpleOTA is a delivery mechanism only. We do not review, validate, or test any firmware you upload. You are solely and exclusively responsible for ensuring that your firmware is safe, correct, and appropriate for the target hardware before initiating any deployment.
Deploying defective firmware can render devices inoperable (“brick” them), cause data loss, damage hardware, or create safety hazards. You must thoroughly test all firmware on representative hardware before deploying to any production fleet.
6. Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any firmware delivery will succeed.
7. Limitation of Liability
To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of data or firmware;
- Damage to or loss of hardware, including but not limited to bricked or inoperable devices;
- Loss of revenue, profits, or business;
- Any damage arising from a firmware update delivered through the Service.
Our total aggregate liability for any claim arising out of or relating to the Service shall not exceed the greater of (a) EUR 50 or (b) the total fees you paid to us in the twelve (12) months immediately preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent or wilful misconduct, and any mandatory consumer rights that may apply.
8. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your firmware or content; (c) your violation of these Terms; or (d) damage to any device or system caused by firmware you deployed through the Service.
9. Billing and Payments
Paid plans are billed through Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis. All fees are exclusive of applicable taxes. Fees are non-refundable except as required by law, including any mandatory consumer rights that may apply, or expressly stated in writing.
If you downgrade or cancel your subscription, your plan will revert at the end of the current billing period. Features or limits exceeding your new plan may be restricted at that point.
If you are a consumer in the European Economic Area: by subscribing and requesting immediate access to the Service, you expressly consent to the performance of the contract beginning immediately and acknowledge that you thereby lose your right of withdrawal under Article 16(m) of Directive 2011/83/EU. This provision applies only where you are acting as a consumer; business and professional users are not entitled to withdrawal rights under this provision.
10. Intellectual Property
We retain all rights in the Service, including its software, design, and trademarks. You retain all rights in your firmware artifacts and device data. You grant us a limited, non-exclusive licence to store, process, and deliver your content solely as necessary to operate the Service.
11. Termination
Either party may terminate at any time. We may suspend or terminate your account immediately if you breach these Terms. Paid subscribers who have not breached these Terms retain access to the Service until the end of their current paid billing period. Upon termination, your right to use the Service ceases and we may delete your data after a 30-day grace period, subject to any legal retention obligations.
12. Modifications to the Service and Terms
We reserve the right to modify or discontinue the Service, or any part of it, at any time. We will provide at least 30 days’ notice of material changes to these Terms by email or by a prominent notice within the Service. If a material change adversely affects your rights, you may stop using the Service before the change takes effect. Continued use after the notice period constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the Netherlands (Dutch Civil Code, Burgerlijk Wetboek), without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the Netherlands, except where mandatory consumer law gives you the right to bring proceedings elsewhere.
14. Severability
If any provision of these Terms is found to be invalid, void, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect (Dutch Civil Code, Art. 3:41 BW).
15. Contact
Questions about these Terms? Email us at [email protected].
Last updated: 10 May 2026.