Terms of Service

Last updated: December 19th, 2019

1. Acceptance of Terms.
Welcome to the Symanto Survey Insights Platform by Symanto. By using this insights.symanto.net website (the “Website”) in any way, including using, transmitting, downloading, or uploading any of the services or functionality (the “Services”) made available or enabled via the Website by Symanto GmbH & Co KG (“us”, “we”, or “our”), or merely browsing the Website, you (“you” or “customer”) agree to comply with and be bound by these Terms of Service (“Terms”), which together with our privacy policy govern our relationship with you in relation to the Services and Website. For the avoidance of doubt, when you go through and complete the subscription plan ordering process on the Website, you thereby enter with us into a binding contract (“Contract”), which these Terms are an integral part of. The foregoing sentence applies correspondingly if you complete the process to utilize the free trial plan. Upon entrance of the Contract with us, you simultaneously open an account (“Account”), which includes content and data relevant to the Contract.
2. Access to Service.
Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service solely for your internal business purposes during the term of your subscription. Subject to these Terms, you may also access your account data via our Application Program Interface (“API”).
3. Customer’s Responsibilities & Restrictions.
a. Acceptable Use.
You shall not use the Services, the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) in any manner that would tend to damage our reputation or goodwill; (m) to permit any party to access and/or use the Service, other than authorized users; or (n) to perform or publish any performance or benchmark tests or analyses relating to the Service or the use thereof.
b. Users and Account Access.
You are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of the Contract. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Subscription Fee, Payment.
a. Fee.
Use of the Services (apart from the free trial) is subject to payment of the respective fee for the respective subscription plan chosen by you. The fee will be charged and is payable on a pre-pay basis on the day you purchase a paid subscription and will cover the use of the Service for a monthly or annual subscription period as indicated. All the fees are quoted exclusive of taxes and similar duties imposed by the tax authorities and customers are obliged to pay and/or reimburse us for such taxes. Any objection to fees charged and included in an invoice must be made no later than 30 days after the date of invoice. Otherwise the Customer shall be deemed to have accepted the correctness of the invoice.

Subscriptions are automatically renewed at the end of each subscription period, unless you change or terminate your subscription within the applicable termination period, and the respective fee shall be due and payable for the new period accordingly. Any downgrade of your subscription is effective beginning with the next subscription period. Upgrades take effect immediately. Downgrading your subscription may cause the loss of data, features, or capability of your Account. We do not accept any liability for such loss.

We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you. If you do not wish to accept the changes, you may terminate your subscription with no less than 10 days’ notice, provided the notice is received by us before the effective date of the changed fee amount. If you do not terminate your subscription in accordance with this clause, you are deemed to have accepted the new payment terms and fees.

If, in our judgment, your subscription constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
b. Free Trial.
We may give free trials to selected customers. The free trial ends automatically after the fixed free-trial period, from which on you will not be able to further use our Service. The data you uploaded will remain on our platform until you delete the data, delete your Account, or in all cases your account will be deleted by us 30 days after expiration of the free trial period. In case you would like to continue using the Website after the free trial, you can purchase a subscription.
c. Reservation of Rights.
We reserve the right to change any and all aspects of the Services at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made.
5. Disclaimers; Limitation of Liability.
a. No Warranty.
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, statutory or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
b. Accuracy of Information.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
c. Additional API Restrictions.
Customer abuse or excessively frequent requests to us via the API may result in the temporary or permanent suspension of your account’s access to the API. We, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
d. Limitation of Liability.
We shall not be liable for any damages or otherwise to you, except in the following cases: (i) liability caused intentionally (vorsätzlich) or through gross negligence (grob Fahrlässig) of us (including by our agents or assistants in performance), (ii) liability for simple negligence (fahrlässig verursacht) causing a culpable default (schuldhafter Verletzung) of a fundamental contract obligation (wesentliche Vertragspflicht); however, liability for damages in this case shall be limited to the typical and predictable damages, (iii) liability for culpable injury (schuldhafter Verletzung) to life, body or health as well as liability, and (iv) liability under the German Product Liability Act (ProdHaftG). Unless you prove otherwise, typical and predictable damages shall be limited to the amount of fees paid or owing by you to us. No action arising out of any breach or claimed breach of these Terms or transactions contemplated by these Terms may be brought by either party more than one year after the cause of action has accrued. For purposes of these Terms, a cause of action will be deemed to have accrued when a party knew or reasonably should have known of the breach or claimed breach. The parties acknowledge that the prices for the Services have been set in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.
6. Term, Termination.
The term of the subscription shall correspond to the subscription selected by you, ie. annual or monthly. Yearly subscriptions will be renewed for another 12 months at the end of the subscription period, unless you terminate with 30 days’ notice before the end of the then current subscription period by utilizing the unsubscribe function within the Account management tab on the Website. Monthly subscriptions will be renewed at the end of each subscription period, unless you terminate your subscription before the end of the then-current subscription period by utilizing the unsubscribe function within the account management tab on the Website. Any termination will take effect at the end of the last day of the current subscription period, and your Account will be deactivated. We may terminate or suspend/deactivate your Account and use of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or in case the fee payment owed by you is not made successfully. In case of termination for whatever reason, no refunds of payments are due or owed, except in case we terminate without cause before the end of the then current subscription period, in which case you will be entitled to a pro rata refund of any fee paid. If we delete your Account for cause, you may not re-register for our Services; in such case we may block your email address and Internet protocol address to prevent further registration.
7. Indemnification.
You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content used with our Services, your use of the Website or Services or any gross negligence or willful misconduct on your part.
8. Data Protection; Use of Customer Data.
We shall be entitled to use for basic research the methodical and scientific experiences gained from the executing and entering an agreement with you.
9. Intellectual Property.
The Service and all intellectual property rights in the Services, and any of our proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available to you by us in providing the Service are our or our suppliers exclusive property. You hereby assign to us any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you related to the Service. You shall treat all of our intellectual property confidentially, and you shall be bound by all confidentiality provisions with respect thereto. If you provide us with text data of third parties (e.g. of client communication (CRM), access tokens for Facebook, client forums/blogs and therein contained texts or contents of other client sources), the customer explicitly ensures that their client’s permission has been obtained for the transmission and processing of the data in compliance with the applicable data protection regulations. The Website contains material (including, but is not limited to, the design, layout, look, appearance and graphics), which is owned by or licensed to us. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. All trademarks reproduced in this website which are not the property of, or licensed to us are acknowledged on the website.
10. Miscellaneous.
a. Severability.
If any term, condition, or provision in these Terms is found to be invalid, unlawful or unenforceable to any extent, such invalid term, condition, or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Any gaps shall be filled with terms consistent and compatible with these Terms.
b. Notices.
You are responsible for updating your data and, without limitation, for providing us with your most current e-mail address. In the event that the last e-mail address you have provided us is not valid, or for any reason is not capable of delivering to you any notices required by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described on the notice. Any notices or questions to us should be sent to info@symanto.net.
c. Entire Agreement, Interpretation.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. No modification of or amendment to these Terms, or any waiver of any rights under these Terms, will be effective unless in writing and signed by one of our authorized signatories. If a German translation appears in parenthesis, then this German word shall govern the interpretation of the translated English word.
d. Updates to Terms, Current Version.
We may update our Terms from time to time. We will inform existing customers by email of a change in our terms, and for existing customers the new Terms will become effective 30 days after such notice, unless the existing user has objected, in which case the subscription is deemed terminated at the next possible termination date and the old terms shall apply until the end of the then current subscription period. In all other cases changes to the Terms are effective when they are posted on this page. These Terms have been last updated on December 19, 2019.
e. Law and Jurisdiction.
These Terms are governed by the laws of Germany, excluding i) laws that direct the application of another jurisdiction’s laws, and ii) UN Convention on the International Sale of Goods (CISG). If the Customer has its seat outside of Germany, the laws regarding general contract terms under § 305 through §310 BGB (German Civil Code) shall not apply. Insofar that the Customer is a business (Kaufleute), or has its seat outside of Germany, then the Customer agrees that any dispute between us, whether in contract or in tort or regarding these Terms, will be subject to the exclusive venue and jurisdiction of the competent courts of ordinary jurisdiction in Nürnberg, Germany.

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If you have any questions about this document, please contact us at info@symanto.net

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