TERMS OF SERVICE
Last updated: June 25th, 2020
The Symanto.net website and the Symanto services offered on this website (“Symanto Service”, “Symanto Services”, “the Service”, “the Services”, “Symanto API” or “the API”) are owned and operated by Symanto Research GMBH & CO.KG. This web page describes the terms and conditions governing your ("you", "You", "Your" or “Customer”) use of the Symanto Services and this website. By accessing this website or using any Symanto Service, you signify that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site or the Symanto Services.
You represent and warrant that you have the necessary power and authority to enter into this Agreement on the behalf of yourself and/or the entity you represent. You further agree to perform the obligations hereunder. If you or your organization have entered into a separate written agreement with Symanto governing your use of the Symanto Services, then the terms and conditions of that separate agreement will prevail and govern, and any conflicting terms of this Agreement will not be given effect. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Symanto may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
Subject to the terms and conditions of this Agreement, Symanto grants you a limited, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to access and use the selected proprietary application programming interface (API) solely to implement, integrate and use the Symanto Services for personal or business purposes. We reserve all rights not expressly granted in these Terms in the Service.
Symanto makes the API available to you electronically, requiring a Symanto API Key for you to access the Services. As a condition of receipt and use of this Key it is acknowledged that API key is to be kept private. It may not be shared or otherwise disclosed to third parties. You acknowledge that it is your responsibility to protect this API Key. You also acknowledge that you will not create multiple accounts to get multiple API Keys at any time and under whatever circumstances, unless explicitly allowed by Symanto.
API Usage and Restrictions
Provision of the Symanto Service is conditioned upon Customer’s proper use of the Symanto API. You agree not to misuse the Symanto Service. Except as expressly authorized under this Agreement, Customer must not, and must not attempt to do the following things:
· Disassemble, reverse engineer, create derivative works, decompile, modify, adapt or alter any part of the Symanto API.
· Access or reverse engineer the Service in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features or functions of the Service; or (iii) copy any ideas, features or functions of the Service.
· Utilize the information provided by the Service to create a service similar to Symanto, including but not limited to: text analysis services, psychological models, industry models, data and meta-data extraction, retrieval, translation, entity recognition, and content categorization.
· Copy, rent, lease, sell, transfer, assign, or sublicense any part of the Symanto API.
· Use the Symanto API on behalf of any third party or otherwise make the API available over a network where it could be used by others.
· Create multiple accounts and/or use multiple API Keys.
· Publish information obtained through use of the API.
· Publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from Symanto.
· Use the Product to reproduce copyrighted material.
· Circumvent any technology used by Symanto or its licensors to protect information accessible via the Symanto API.
· Use the Symanto API to disable, interfere with, or override Symanto Services in a manner that bypasses this Agreement or the API Key registration process, including but not limited to: proxy servers, spiders, robots or other technology.
· Use the Symanto API in conjunction with deep packet inspection and/or any form of network surveillance technology.
· Distribute, facilitate or enable access to the Service in any manner deemed by Symanto in its sole discretion to be objectionable or harmful to the business or reputation of Symanto.
· Use the Symanto API in any manner that violates any laws directly or indirectly.
Symanto reserves the right to investigate and/or suspend any account that violates any of the above rules and to immediately terminate that account without further notice.
You will retain ownership of our output while Symanto retains ownership of its processing service and its configuration. Symanto reserves any and all rights not specifically granted to you herein.
You must provide accurate information when you create your Symanto account, including a valid email account. Your Symanto account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. All of your data will be immediately deleted from the Service if you cancel your account or Symanto terminates your account as set forth below. This information cannot be recovered once your account is cancelled. Termination of the Service results in the deletion of your account and all your data. In all these cases, only the information necessary for the management, accounting, and charging of the service is preserved.
You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with Symanto or a third-party service. Same criteria applies to your assigned API key(s). You agree not to disclose your password and API key(s) to any third party. Symanto cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Symanto immediately upon becoming aware of any breach of security or unauthorized use of your account.
Unless otherwise set forth in a separate Purchase Order, terms of payment shall be due according to published subscription rates. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If you believe that Symanto has charged you in error, you must contact Symanto within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. Symanto retains the right to delete any resources (client dictionaries or models) generated by a subscription that has not been updated within 90 days.
Refund and Cancellation Policy
You may cancel your subscription at any time; since a pay-as-you-go pricing is applied, you will pay only what you consumed and no more charges will be applied from the moment you stopped consuming.
Symanto hereby grants a nontransferable, nonexclusive license to use Symanto’s trademarks during the Term to display the Symanto icon and to advertise the use of Symanto’s API on your site or service. Licensee hereby grants to Symanto a nontransferable, nonexclusive license under Licensee’s trademarks during the Term to advertise that Licensee is using Symanto’s Services. Each party will submit advertising materials containing the other party’s trademarks to the other party before release to the public for inspection, and such other party will have the right to modify any such advertisements. Except as set forth in this Section, nothing in this Agreement shall be considered a grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s trademarks. All use of Licensee’s trademarks by Symanto shall inure to the benefit of Licensee and all uses of Symanto trademarks by Licensee shall inure to the benefit of Symanto.
Symanto may immediately suspend access to the Symanto API and/or terminate this Agreement at any time, with or without cause. If you wish to terminate this Agreement you may do so by discontinuing use of the services. Symanto will not be liable for any costs, expenses, or damages as a result of either party choosing to terminate this Agreement. Upon termination of this Agreement, you will promptly cease using the Services and Content.
Symanto will make the Service output available to you electronically. By creating a Symanto account, you agree to be globally subscribed to all Symanto marketing and system emails. You will have the option to unsubscribe from these emails at any time.
Depending on your Service level, Symanto will make available its web and email based support services for the API, which provides you with access to its knowledge base archive to assist in troubleshooting and answering questions of a general nature regarding the API. You are responsible for providing all support and/or technical assistance to your end users regarding the use of your service (including any issues related to the Content and the API). Symanto will not provide support and/or technical assistance directly to your end users, if applicable.
You acknowledge that all title, intellectual property, and licensing rights to the content or data available through Symanto Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
In all output, products or services provided to you, Symanto expressly reserves any and all rights not specifically granted to you herein.
Further, you understand that Symanto may retain a copy of the metadata generated by the Symanto Services. By generating metadata through Symanto Services, you grant Symanto a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata.
If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains the following written information:
1. A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material.
2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
3. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
4. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Also include your name, mailing address, telephone number and email address.
For additional questions or to forward your Notice of claims of infringement to Symanto’s Copyright Agent please refer here (firstname.lastname@example.org).
Disclaimer of Warranty
The free service is provided on an “AS IS” and “AS AVAILABLE” basis. For commercial paid tiers, SLAs would apply. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Symanto and its licensors do not warrant that the service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the Use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You will defend, indemnify and hold Symanto harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that Symanto’s use infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) Customer’s use of Data, (iii) Symanto Services or the Symanto API that are modified by Customer if the alleged infringement relates to such modification; (iv) Symanto Services or the Symanto API that are combined with any Customer product, process or materials where the alleged infringement relates to such combination; (v) Customer’s use of a version of the Symanto Services or Symanto API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Symanto, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, business, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service. Under no circumstances will Symanto be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, Symanto assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to our use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Symanto, its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to company hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Symanto has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement will be governed by and construed in accordance with the laws of Germany, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Nürnberg, Germany and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. You may not assign this Agreement by operation of law or otherwise, without Symanto‘s express prior written consent. Any attempt to assign this Agreement without consent will be null, void and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement.
If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. This Agreement constitutes the complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.