Terms & conditions

These Terms and Conditions (the “Terms”) govern your access to and use of the website cymphony.io (the “Website”), operated by Cymphony Inc. and its affiliates (“Cymphony”). The Website provides information about Cymphony’s products, services, and business activities, and may enable users to engage in various actions, such as submitting inquiries, requesting information, or providing their contact details so that Cymphony may follow up with them. By accessing or using the Website, you agree to be bound by these Terms.

These Terms constitute a binding legal agreement between you and Cymphony. They apply to all access and use of the Website, regardless of the device, technology, or platform used. By accessing or using the Website, you agree to be bound by these Terms and, to the extent permitted by applicable law, waive any right to require a non-electronic signature or the delivery or retention of paper records.

You must read these Terms carefully. By accessing or using the Website, you confirm that you have read, understood, and agreed to these Terms in their entirety. If you do not agree to all of these Terms, you must not access or use the Website.

Cymphony reserves the right to suspend, modify, or discontinue any part of the Website or its functionalities at any time, at its sole discretion and without prior notice.

If you are accepting these Terms on behalf of a company, organization, or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these Terms, and in such case, all references to “you” shall refer to that Legal Entity.

1. USE OF WEBSITE
   
   1. You must be a human to use the Website. The use of automated tools, including bots, scripts, or crawlers, is strictly prohibited.
   2. You must be at least 16 years of age to use the Website. If you are between 16 and the age of legal majority in your jurisdiction, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
   3. Certain features or functionalities of the Website may require you to submit personally identifiable information. For information on how Cymphony collects, uses, stores, and protects such information, please refer to our [Insert link to Privacy Policy] (the “Privacy Policy”). By voluntarily submitting your contact information through the Website, you expressly consent to Cymphony contacting you using the details provided and to the processing of your information in accordance with the Privacy Policy.
   4. Cymphony reserves the right to suspend, restrict, or terminate your access to the Website if it suspects any misuse, suspicious activity, or violation of these Terms.
   5. You acknowledge that Cymphony assumes no responsibility for, and expressly disclaims all warranties regarding, the accuracy, completeness, or reliability of any information you provide. Cymphony does not guarantee the accuracy or timeliness of any data or content displayed on the Website or any consequences resulting from its use.
   6. The Website may include links to, or integrations with, third-party websites, platforms, applications, or services (“Third Parties”). These links are provided for convenience only and do not imply endorsement or control by Cymphony. Cymphony is not responsible for the content, practices, or policies of any Third Parties, and your use of such services is at your own risk. You are encouraged to review the applicable terms and privacy policies of any such Third Parties before engaging with them.
2. USER REPRESENTATIONS AND WARRANTIES
   
   1. You represent and warrant that: (i) you have the full power, legal capacity, and authority to enter into these Terms and to fully perform your obligations hereunder; (ii) your execution, acceptance, and performance of these Terms do not and will not violate or conflict with any contract, agreement, policy, order, judgment, decree, rule, regulation, or law to which you are subject; (iii) unless expressly stated otherwise in these Terms, no third party is intended to benefit from or rely on any provision of these Terms; (iv) all information you provide in connection with your use of the Website is, and will remain, accurate, current, and complete; (v) you will not use the Website for any unlawful or unauthorized purpose, nor will you infringe or encourage the infringement of any intellectual, proprietary, or other rights of any party. You agree to comply with all applicable laws and regulations, including but not limited to copyright laws, and data privacy regulations; (vi) you own, or have all necessary rights and permissions to use, any information or content you upload or submit through the Website; (vii) you manage and store any personal information in accordance with all applicable data protection and privacy laws; and (viii) you are of legal age in your jurisdiction, or you have obtained the necessary consent from a parent or legal guardian to accept these Terms.
   2. You shall not, and shall not permit any third party or anyone acting on your behalf to: (a) copy, modify, adapt, translate, or create derivative works based on the Website; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Website; (c) rent, lease, sell, sublicense, assign, or otherwise transfer any rights in or to the Website; (d) remove, obscure, or alter any proprietary notices or labels contained on or within the Website; (e) use, upload, transmit, or introduce any device, software, or routine intended to interfere with, disrupt, or attempt to interfere with or disrupt the operation of the Website;
      (f) develop, copy or use any content, data, product, service, or technology that incorporates or is based on any ideas, features, or functionalities similar to those of the Website; (g) test the Website or use it in connection with any benchmarking, performance evaluation, or similar analysis, the results of which are intended to be or could be published or made publicly available, without Cymphony’s prior written consent; (h) directly or indirectly contest, challenge, or infringe Cymphony’s intellectual property rights in any way; (i) remove, obscure, or alter any copyright notices, trademarks (including Cymphony’s Marks, as defined below), or other proprietary rights appearing on or within the Website; or (j) allow any minor under the legal age in their jurisdiction (without parental or guardian consent), or any unauthorized third party, to access the Website without Cymphony’s prior written approval.
   3. You acknowledge that the materials and/or information available on Cymphony’s Website may contain technical, typographical, or photographic errors. Cymphony makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any such materials or information. You further acknowledge that, while Cymphony may update or modify the materials and/or information on the Website from time to time, it is under no obligation to review, evaluate, or ensure the ongoing accuracy or completeness of such materials.
3. INTELLECTUAL PROPERTY RIGHTS
   
   1. Cymphony owns all rights, title, and interest in and to the Website, including all content displayed or made available through it (the “Content”), as well as any derivative works of the Website and any physical or digital embodiments thereof that Cymphony may develop from time to time. This excludes any third-party products or components that are embodied in, bundled with, or utilized in connection with the Website or the Content.
   2. The Website and all intellectual property rights in and to the Website (including any Content or derivative works) are, and shall remain, the exclusive property of Cymphony. This includes, without limitation, any modifications, enhancements, or custom features developed by Cymphony—whether or not such modifications were requested or instructed by you, and whether or not you paid for them—unless a separate written agreement explicitly states otherwise and specifically references this Section 3.2.
   3. Any error reports, bug reports, suggestions for improvements, feature requests, feedback, recommendations, comments, concepts, or other ideas that you submit or provide to Cymphony in connection with the Website (collectively, the “Ideas”) shall be solely and exclusively owned by Cymphony. You hereby irrevocably assign and transfer to Cymphony, without charge, all rights, title, and interest (including any intellectual property rights) in and to such Ideas.
4. OWNERSHIP OF CONTENT
   1. All content available on the Website—including, without limitation, text, images, photographs, graphics, videos, audio materials, surveys, articles, documents, software, and other materials (collectively, the “Content”)—is protected by applicable intellectual property laws and is the property of Cymphony or its licensors, unless otherwise expressly stated.
   2. Except as expressly authorized in writing by Cymphony, you must not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works of, publicly display, or otherwise use any part of the Content for any commercial or non-commercial purpose.
   3. You may access and use the Content solely for your personal, non-commercial use and only as an integral part of your lawful use of the Website, provided that all copyright, trademark, and other proprietary notices remain intact and unaltered. Nothing in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any Content or other intellectual property without Cymphony’s prior written permission.
   4. All trademarks, service marks, trade names, logos, and other identifiers displayed on the Website (collectively, the “Marks”) are the registered and/or unregistered intellectual property of Cymphony or their respective owners. Use of any such Marks without the express written consent of the applicable rights holder is strictly prohibited.
   5. You acknowledge and agree that you do not acquire any ownership rights in the Content or the Marks by accessing or using the Website. All rights not expressly granted herein are reserved by Cymphony and its licensors.
   6. Cymphony reserves the right to monitor your use of the Content and to suspend, limit, or revoke your access to the Website or the Content at any time, for any reason, and without prior notice, at its sole discretion. Cymphony may also remove or disable access to any Content that it determines, in its sole discretion, violates these Terms or infringes intellectual property rights.
   7. Nothing in these Terms shall be interpreted as a waiver of any of Cymphony’s rights in the Content or the Marks. Unauthorized use of any Content or Marks may violate copyright, trademark, or other intellectual property laws and may result in civil or criminal penalties, including damages and injunctive relief.
   8. You agree not to use, reproduce, modify, translate, display, distribute, transmit, publish, sell, license, create derivative works of, or otherwise exploit any Cymphony Content without Cymphony’s prior written consent. Any unauthorized use may violate applicable intellectual property laws and may result in civil or criminal liability, including the imposition of fines, damages, and injunctive relief.
5. USE OF TESTIMONIALS AND USER STORIES
   
   1. From time to time, Cymphony may collect testimonials, including video recordings, written statements, interviews, or other user-submitted content (collectively, “Testimonials”), from individuals who have engaged with Cymphony’s activities or received its support.
   2. By providing a Testimonial to Cymphony, you grant Cymphony a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, publish, display, perform, adapt, and distribute your Testimonial, in whole or in part, in any format or medium now known or hereafter developed, for the purpose of promoting Cymphony’s mission, initiatives, and activities.
   3. Cymphony may edit or adapt Testimonials for clarity, length, or formatting, provided that such changes do not distort or misrepresent the original message or context.
   4. You acknowledge and agree that the use of your Testimonial as described above does not entitle you to any compensation, credit, or attribution unless otherwise agreed in writing.
   5. As between Cymphony and all other users, all Testimonials and user stories published or displayed by Cymphony constitute Cymphony Content or are used with permission from the relevant individual. You may not copy, reproduce, distribute, publicly display, create derivative works of, or otherwise use any such Testimonials or user stories for any purpose without Cymphony’s prior written consent.
6. DISCLAIMER OF WARRANTIES
   
   1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE PROVIDED BY CYMPHONY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CYMPHONY AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, CYMPHONY WEBSITE'S ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
   2. CYMPHONY AND ITS RELATED PARTIES DO NOT WARRANT: (A) THAT THE WEBSITE OR ANY RELATED ACTIVITIES PERFORMED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED; (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED; (D) THAT THE DATA DISPLAYED ON THE WEBSITE WILL (I) MEET ANY DIVERSITY EXPECTATIONS, (II) BE COMPLETELY FREE FROM ANY BIASES OR DISCRIMINATION, OR (III) BE PERIODICALLY REVIEWED AND UPDATED.
   3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CYMPHONY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE THE WEBSITE.
7. INDEMNIFICATION; LIMITATIONS OF LIABILITY
   1. You agree to indemnify, defend, and hold harmless Cymphony and its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the “Cymphony Parties”) from and against any and all claims, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) arising out of or in any way connected with: (i) your use of or access to the Website; (ii) your conduct in connection with the Website or with other users; (iii) your violation of these Terms or of any applicable law; or (iv) your infringement or violation of the rights of any third party. You further agree, on behalf of yourself and your heirs, estate, insurers, successors, and assigns, to fully and irrevocably release, waive, and discharge the Cymphony Parties from any and all claims or causes of action, known or unknown, arising out of or related to your use of the Website.
   2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYMPHONY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE, EVEN IF CYMPHONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. IN ANY EVENT, CYMPHONY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
   3. EACH PARTY UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THESE TERMS. SUCH LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THE PARTIES ACKNOWLEDGE THAT, IN THE ABSENCE OF SUCH LIMITATIONS, THE MATERIAL AND ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
8. TERMINATION
   1. .Cymphony reserves the right to modify, suspend, or terminate the Website, or any part thereof, including any features, functionalities, or content available through the Website, at any time and without prior notice.
   2. These Terms remain in effect even after your account is terminated or you have stopped using the Website.
   3. These Terms will continue to apply to you for as long as you access or use the Website. Stopping use of the Website does not relieve you of any obligations that arose prior to your cessation of use, including any payment obligations. In addition, the provisions of Sections ‎3, 4, 5, 7, ‎8.3, and 9 shall survive and remain in full force and effect even after you stop using the Website, for any reason.
9. MISCELLANEOUS
   
   1. Non-enforcement by Cymphony of any term or condition of these Terms shall not constitute a waiver. A waiver by Cymphony of compliance with any term or condition under these Terms shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of these Terms.
   2. Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from these Terms.
   3. Notices. Any formal notice, consent or other communication in connection with these Terms shall be in writing and shall be considered to have been delivered and in effect upon the earlier of actual receipt or: (a) an email followed by a written or electronic confirmation; (b) two (2) days after posting when sent via an express commercial courier; (c) five (5) days after posting when sent via certified mail; or (d) one (1) day after posting through the Website. You consent that all communications that Cymphony provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information, including email address updated at all times.
   4. Jurisdiction and Disputes. These Terms shall be governed by the laws of Delaware, without regard to its conflict of law principles. All disputes hereunder shall be resolved, exclusively, in the applicable local and federal courts of Delaware, United States. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.
   5. No Agency. The relationship established by these Terms is solely that of independent contractors, and nothing contained in these Terms shall be construed to: (i) give you the power to direct and control the day-to-day activities of the other; or (ii) constitute any partnerships, joint ventures, co-owns or otherwise as participants in a joint or common undertaking; or (iii) make you an agent of Cymphony for any purpose whatsoever.
   6. Force Majeure. Neither you nor Cymphony shall be liable to the other for any failure to meet its obligations if such failure is due to any cause beyond the non-performing party's reasonable control ("Force Majeure"). Force Majeure specifically includes, but is not limited to, any government action that would limit the ability for performance; fires; earthquakes, floods or other severe weather conditions or any other acts of God; quarantines; riots; strife; insurrection; civil disobedience; epidemics, armed conflict; terrorism or war, declared or not; or any impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property.
   7. Amendments and Updates. Cymphony reserves the right to amend or update any part of these Terms at any time, at its sole discretion, by posting the revised version on the Website. Any such changes will become effective upon posting, unless a later effective date is specified. If you do not agree to the amended Terms, your sole remedy is to discontinue your use of the Website. Your continued use of the Website after the effective date of any amendment will constitute your acceptance of the updated Terms.
   8. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, FULLY UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. YOU FURTHER AGREE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CYMPHONY WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND THAT THEY SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, PROPOSALS, COMMUNICATIONS, AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, RELATING TO SUCH SUBJECT MATTER.