Terms of Service

Last updated: March 8th, 2021

1.Acceptance of Terms.

Welcome to our website. By using this https://www.symanto.com website (the ‘’Website’’) you agree to comply with and be bound by the following Terms of Service (the ‘’Terms’’) applied by Symanto GmbH & Co. KG (“us”, “we”, or “our”), that govern our relationship with you (“you” or “customer”) in relation to this website, the content of which, is for your general information and use only, and is subject to change without notice.
Your access to and use of the Website is also conditioned on your acceptance of and compliance with our Privacy Policy. The Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy here carefully before using our Website.

a.Terms of use of our Services.

The Website provides redirecting access to our Symanto Insights Platform (https://app.symanto.com), API Hub (https://developers.symanto.net) and Customer Portal (https://insights.symanto.net/welcome) services (the ‘’Services’’, the ‘Service’), to which extensive Terms of Service apply and govern our relationship with you. Therefore, the Terms of Service of the separate agreements will prevail and govern, and any conflicting terms of this Agreement will not be given effect.

2.Intellectual Property.

The Website and all intellectual property rights in it, and any of our know-how, technologies, the design, layout, look, appearance and graphics and other tangible or intangible technical material or information made available to you by us in providing the Website are our or our suppliers exclusive property. You shall treat all of our intellectual property confidentially, and you shall be bound by all confidentiality provisions with respect thereto.
You acknowledge and agree that any questions, comments, suggestions, ideas, enhancement requests, feedback, or other information regarding the Website or the Services provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. .

3.Accuracy of Information.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service 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 of any of our Services if any information on the Website 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.

4.Newsletter.

By subscribing to our newsletter you agree to receive email from us. We reserve the sole right to either modify or discontinue the newletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Website shall also be subject to these Terms.
We reserve the sole right to unsubscribe users / visitors from our newsletter service, without notice.
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 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.
Your personal data can be processed to establish a contact. Prospective customers can be contacted using the information that they have provided. For any further data protection information, including GDPR rights, please carefully read our Privacy Policy here.

5.Third-Party Content.

The Website may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
Third Party Content may be protected by applicable copyrights, database rights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no regular check for changes applied or warranties with respect to them. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).

6.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 personal use of the Website or any gross negligence or willful misconduct on your part.

7.Miscellaneous.

a.Updates to Terms, Current Version.

We reserve the right, in our sole discretion, to make changes or modifications to the Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Website after the date such revised Terms are posted.

b.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.

8.Disclaimer.

The Website is made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Websites may be suspended at any time without notice.
You agree that your use of our Website is solely at your own risk. 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 Website will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the accuracy or reliability of any information obtained through the Website. You understand and agree that any material and/or data obtained through the use of Website 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 services purchased or obtained through the Website.

SYMANTO OFFICE

Pretzfelder Strasse 15

Nuremberg 90425

Germany