Last updated: July 23, 2021
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND ACCEPT ALL LEGAL CONSEQUENCES. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICE.
When you create an account with us, you must provide us information about yourself (organization and/or individual, as the case may be), including but not limited to a valid email address, that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and you agree not to provide access to your account, username, or password to others. You are solely responsible for any activities or actions that occur through use of your account.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will have no liability associated with or arising from your failure to maintain accurate account information or for any loss or damages of any kind that may arise as a result of the unauthorized access to, or use of, your account (with or without your knowledge), except to the extent the foregoing limitation is prohibited by applicable law.
Personal and Sensitive Data
Save and except for your business contact information which forms part of your individual account, you shall not upload any Sensitive Data or Personal Data into the Service. “Sensitive Data” means any information that: (a) requires a high degree of protection by law and where loss or unauthorized disclosure would require notification by Customer to government agencies, individuals or law enforcement, (b) any information that, if made public, could expose individuals to a risk of physical harm, fraud, or identity theft. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information or other information that is subject to international, federal, provincial, state, or local laws, regulations or ordinances now or hereafter enacted regarding data protection or privacy. “Personal Data” means (a) any information that, either alone or in combination with other readily available data, identifies an individual or from which an individual is identifiable, including any name, address, financial information or social security number, and (b) any information that comprises “non-public personal information”, “personal information”, “personal data” or equivalent term, as such terms are defined in applicable data protection laws.
The Service and its content and usage data, including but not limited to text, images, graphics, code, metadata and navigational, statistical, analytical, and similar data collected, generated, or derived from your use of the Service are our sole property and protected by copyright, trademark and other laws. These Terms do not grant you a license to use any of our trademarks, service marks, or logos or those of our affiliates, licensors, or partners. You further agree not to change or delete any proprietary notices from content that you download from the Service. We reserve all rights not expressly granted to you in the Terms. If you provide Varicent with any ideas, suggestions, feedback and/or recommendation(s) regarding the Service (“Feedback”), Varicent is free to use and disclose such Feedback without any obligation to you and to incorporate it into any of our existing or future products or features. You retain all rights, title and interest in your Confidential Information, and these Terms do not grant Varicent any rights to your Confidential Information or the intellectual property rights embodied in it except for the limited rights expressly set forth in these Terms.
Marketplace and Links To Other Web Sites
The Service includes an online marketplace (“Marketplace”) of applications (“Marketplace Apps”) which are offered either solely by a third party (“Third Party App”), or by us in collaboration with a third party (“Partnered App”). Use of, and application of your data to, a Marketplace App requires agreement to additional terms and conditions specific to such Marketplace App (“Marketplace App Terms”). If you choose to so apply your data, you acknowledge and agree that we may allow the applicable third party to access your data as provided in, and in accordance with, the Marketplace App Terms.
The Service may contain links to web sites, products or services that are not owned or controlled by us (“Third Party Services”). Any use by you of Third Party Services, and any associated exchange of data, is solely between you and the applicable third-party provider.
We are not responsible for any disclosure, modification or deletion of your data resulting from third party access related to a Marketplace App unless otherwise stated in the associated Marketplace App Terms. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party App or Third Party Services and you access them at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third Party App or Third Party Services or any content, goods, or services available through them. The inclusion of a link to any Third Party Service or the availability of a Third Party App does not imply our endorsement of such Third Party Service, Third Party App or any association between us and the operator of that Third Party Service or Third Party App. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LOSS, DAMAGES, OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD PARTY APP OR THIRD PARTY SERVICE.
We strongly advise you to read the terms and conditions and privacy policies of each Third Party Service and Third Party App before using it.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms, other than your right to use the Service, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You hereby agree to indemnify, defend and hold harmless us, our affiliates and our and our affiliates’ principals, officers, directors, securityholders, representatives, employees, contractors, licensors, licensees, suppliers and agents (collectively, the “Symon.AI Parties”), from and against any claims, losses, damages, obligations, costs, actions, or demands that arise from or relate to (a) your use of the Service, including without limitation, your breach of any of the Terms, applicable law, or any intellectual property, privacy, or other rights of any person or entity or (b) your account, including any negligent or illegal conduct any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
THE FOLLOWING LIMITATIONS AND EXCLUSIONS APPLY EXCEPT TO THE EXTENT EXPRESSLY PRECLUDED BY APPLICABLE LAW. IN THOSE JURISDICTIONS, ALL OR A PORTION OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU AND THE SCOPE AND DURATION OF THE WARRANTIES SET FORTH IN THE TERMS AND THE EXTENT OF VARICENT’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. VARICENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DAMAGES FOR ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA OR INFORMATION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF THE SERVICE; (B) YOUR INABILITY TO ACCESS OR USE THE SERVICE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE; (D) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; OR (E) THE UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR ACCOUNT OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, VARICENT’S TOTAL LIABILITY UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
THE SERVICE, INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. EXCEPT TO THE EXTENT SUCH WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW (IN WHICH CASES, APPLICABLE LAW SHALL APPLY TO THE MINIMUM EXTENT NECESSARY), VARICENT EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WITHOUT LIMITATION OF THE FOREGOING, VARICENT DOES NOT WARRANT THAT A) USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.
Symon.AI’s Diversity and Gender Pay apps and all Marketplace Apps are for informational purposes only and do not constitute legal or business advice. The reports and visualizations created by these apps may not yield relevant comparisons in some cases. Such reports and visualizations may not be relied upon you or by any third-party. Before using these apps, you may wish to consult with an attorney to better understand whether Symon.AI’s offering is suited to your organization’s needs and circumstances.
To the fullest extent permitted by applicable law, these Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario, without reference to conflict of laws provisions, and the federal laws of Canada applicable therein.
Waiver; Invalidity; Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, you and we agree that the court will endeavor to give effect to your and our intentions as reflected in the provision and the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding your use of the Service, and supersede and replace any prior agreements, oral or otherwise, between you and us regarding the Service.
If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights hereunder.
We shall not be responsible for any purported breach of the Terms caused by circumstances beyond our control.
We reserve the right, at our sole discretion, to modify or replace the Terms at any time. If a revision is material, we will make reasonable efforts to post on the Service a notice of the new Terms at least thirty (30) days prior to such new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, in whole or in part, you may not use the Service.
Assignment; No Third Party Beneficiaries
You may not assign, sub-license or otherwise transfer any of your rights under the Terms. A person who is not a party to the Terms shall have no rights of enforcement or otherwise.
If you have any questions about the Terms, please contact us at firstname.lastname@example.org.