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Welcome to the Symtoi website/service which is operated by Business Analysis Hub Ltd (in this Agreement, “Symtoi”, “we”, “us” or “our”).
The following terms and conditions govern all use of the Symtoi website and all content, services and products available at or through the website, iOS and Android apps unless you have a written agreement in place with us covering such use in which event the written agreement shall take priority. The Website and apps are owned and operated by Business Analysis Hub Ltd. The Website and apps are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Business Analysis Hub Ltd Privacy Policy) and procedures that may be published from time to time on this Site by Business Analysis Hub Ltd (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website or apps. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, apps or use any services. If these terms and conditions are considered an offer by Business Analysis Hub Ltd, acceptance is expressly limited to these terms. The Website and apps are available only to individuals who are at least 18 years old.
1. Your Symtoi and Site. If you create an account on the Website or apps, 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 the blog. You must not add images to your Profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and symtoi.com may change or remove any Account that it considers inappropriate or unlawful, or otherwise likely to cause marvelapp.com liability. You must immediately notify Symtoi of any unauthorised uses of your Project or your account or any other breaches of security. Symtoi 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.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including images and text, made available through the websites and webpages to which Symtoi links, and that link to Symtoi. Business Analysis Hub does not have any control over those non-Symtoi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Symtoi website or webpage, Business Analysis Hub Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Business Analysis Hub Ltd disclaims any responsibility for any harm resulting from your use of non-Symtoi websites and webpages.
- Intellectual Property. Other than your Content, the intellectual property contained on Symtoi website and SymtoiApp, including designs and copyrightable material such as software, text, pictures, photographs and illustrations, are the property of Business Analysis Hub Ltd and its licensors. The trademarks on the Symtoi website and SymtoiApp, belong to Business Analysis Hub Ltd, its licensors or third parties. It is not allowed to place one or more of these marks and logos on your own site or to use it in any other way without the prior written consent of Business Analysis Hub Ltd, the licensor or third party in question.
- Advertisements. Business Analysis Hub Ltd reserves the right to display advertisements on the site.
- Attribution. Business Analysis Hub Ltd reserves the right to display attribution on Projects such as ‘Symtoi’. Footer credits and the Symtoi.com toolbar may not be altered or removed.
- Changes. Business Analysis Hub Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Even if you do not explicitly indicate your agreement to these amended terms, your continued use of or access to the Website and apps following the posting of any changes to this Agreement constitutes acceptance of those changes. Business Analysis Hub Ltd may also, in the future, offer new services and/or features through the Website and apps (including, the release of new tools and resources). Such new features and/or services will be subject to the terms and conditions of this Agreement.
- Termination. Business Analysis Hub Ltd may terminate your access to all or any part of the Website and apps at any time, with or without cause, with or without notice, effective immediately. Where we terminate your paid subscription without cause, you will be eligible for a refund of your Subscription Fee with respect to the remaining days left in the month. If you wish to terminate this Agreement or your SymtoiApp account (if you have one), you may simply discontinue using the Website and apps. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, limitations of liability, and governing law.
- Disclaimer of Warranties. The Website and apps are provided “as is”. Business Analysis Hub Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Business Analysis Hub Ltd nor its suppliers and licensors, makes any warranty that the Website and apps will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and apps at your own discretion and risk.
- Limitation of Liability. In no event will Business Analysis Hub Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Business Analysis Hub Ltd under this agreement during the twelve (12) month period prior to the cause of action. Business Analysis Hub Ltd will have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing will not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website and apps will be in strict accordance with Symtoi Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website and apps will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Business Analysis Hub Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and apps, including but not limited to your violation of this Agreement.
- Apple, the Apple logo, iPhone, iPad, iPad Pro, Apple TV, Apple Watch and Apple Pencil are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
- User Terms. As long as you pay the fees stated in the applicable subscription plan (Subscription Fees), or if you are using the free plan, you may use our service through the Symtoi.com website and/or Symtoi mobile application (Services) on a non-exclusive and non-transferable basis, subject to the limitations set out in these terms and in accordance with the restrictions in your applicable subscription plan (Subscription).
- The maximum number of people allowed to use the Services is stated in your account on the Symtoi.com website (under: My Account > Billing) and also corresponds to the number of seats purchased in your subscription plan.
- Third party users can collaborate with you on any Project initiated by you using the Services as long as they access the Services for this reason only (Third Party Users). You are responsible for the rights you grant to Third Party Users and liable for their use of the Services. You must also ensure such Third Party Users agree to be subject to these terms, provided that Third Party Users will not be permitted to generate their own Projects. You can allow anyone to view your Project as long as they can’t make any changes to it.
- Tester Terms.Third Party Users may also include participant testers (Participant Testers) that have been invited to test a Project as part of the user testing feature of the Services (Testing Services). Such Participant Testers hereby agree and acknowledge that certain information including personal data may be collected pursuant to the Testing Services for the purpose of analysing their interaction with the Project, including but not limited to their email, phone number, demographic information e.g. (location/age/gender), a recording of their screen, audio and video of their face (Tester Content). Such Tester Content (and any intellectual property therein) will be deemed the Content of the user commissioning the Testing Services, who will also be deemed the data controller with respect to Tester Content comprising personal data. We will be deemed the data processor with respect to Tester Content comprising personal data. The rights of the Tester as a data subject are set out in the applicable privacy policy.
- Refund policy and subscription terms. Your Symtoi subscription will auto-renew based on the billing cycle you have selected, either renewing monthly or yearly. Unless you cancel your subscription before your monthly/yearly billing date, you authorise us to charge your next month/year’s subscription fee to your payment card/. You can find specific details regarding your Symtoi subscription by visiting our website and clicking on “My Account”.
- You are free to cancel your Symtoi subscription at any time. Payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel, go to “My Account” and then “Plans” and follow the instructions for cancellation.
- We may change our subscription plans and the price of our subscriptions from time to time; however, any price changes or changes to our plans will apply to you no earlier than 30 days following notice to you. Any changes to your plan will be communicated to you 30 days in advance.
- We offer a free Team plan trial for a duration of 7 days, to allow Users to try the subscription. We will charge your card for your monthly/yearly subscription with the number of Users specified upon signing up at the end of the free trial period unless you cancel your subscription prior to the end of the free trial. To cancel, go to “My Account” and then “Plans” and follow the instructions for cancellation.
- If a payment error occurs on your Symtoi account we will always aim to rectify this. We do not advise you to file a dispute or chargeback with your card provider as as a result we will be forced to block access to your account and remove all your data for however long it takes for the bank to close your dispute.
- Communication policy and terms. Symtoi needs the contact information you provide to us to contact you about our products and services. You may unsubscribe from these communications at any time. For information on how to unsubscribe, as well as our privacy practices and commitment to protecting your privacy, check out our Privacy Policy.
- If any of these terms are held by a court to be illegal, invalid or unenforceable, the rest of these Terms will remain in full force.
- These terms are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.