Symmr License Agreement

Effective as of September 15th, 2019.

Here are some important definitions to help you understand our EULA:

Snaptech, LLC d.b.a. “Symmr”, and our relevant affiliates are referred to in this policy as “Symmr,” “we,” “us,” and “our.”

Our public websites, including symmr.tech, are referred to as our “UI”, “Website”, and/or “Websites.” Our API’s, including api.symmr.tech, and any other machine-interfaces owned and operated by Symmr are referred to as our “API” or “APIs.” Our databases are referred to as “DB” or “DBs”

Our “App” or “Apps” refer to any software we own and operate provided via a third-party App Store (e.g. Quickbooks App Store, MX Merchant App Store, etc.) and may be marketed under various trade names.

Our Apps, DB, automation or AI background software processes, data synchronization workflows, integrations with third-party APIs or applications, software-as-a-service “SaaS” toolkits, together with our Websites, may be referred to collectively, or in any combinations of parts, as our “Platform” or “Product”

Our “Services” refers to the totality of our software services provided via our Platform on a subscription basis with a primary feature of automating the transfer and synchronization of data between a variety of robustly integrated third-party APIs including:

Square, Stripe, Priority Commerce, and Intuit, Inc.

1. License Grant.

Upon acceptance of the terms and conditions of this End User Agreement (“Agreement”), and subject to your payment of any applicable fees when due either to us or to an Authorized Reseller (”Authorized Reseller”), we grant to you, and you accept, a non-exclusive, nontransferable, limited license to our Services primarily for use in transferring, managing and synchronizing data between integrated third-party platforms. This license is granted solely in machine-readable form and is subject to the terms and conditions herein. We expressly reserve any and all other rights with respect to our Services.

2. Restrictions.

You may not:

  1. reverse assemble, reverse compile, workaround technical limitations, or otherwise translate software from our Services, in whole or in part;
  1. circumvent any access controls or security mechanisms within our Services;
  1. use our Services if you're under 18 years of age;
  1. create derivative works from our Services or any portion thereof unless explicitly provided for in this Agreement;
  1. transfer, lease, assign or sublicense the license rights granted hereunder to any other person or entity;
  1. perform service bureau work, multiple-user licensing or time-sharing arrangements with our Services;
  1. resell, sublicense, or distribute our Services to third parties except as permitted under a separate Authorized Reseller agreement.
  1. utilize the same account login credentials for more than one person;

3. Intellectual Property.

All rights, titles, and interests in the Services, including all trademarks, copyrights, and proprietary technology, remain the exclusive property of Symmr and its licensors. Your use of our Services does not grant you ownership or any proprietary rights.

Furthermore, you shall not use our Services in any manner that violates:

  1. any intellectual property rights of any person or entity or
  1. any applicable law or regulation.

4. Fees & Payment.

If your use of the Services is subject to fees whether one-time or recurring, you agree to pay all applicable charges as outlined in your agreement with Symmr or an Authorized Reseller. Fees are non-refundable, non-cancelable, and subject to change with prior notice. Late payments accrue interest at 1.5% per month until settled in full and may result in service suspension. In the event of suspension or cancellation you may not receive a refund of applicable fees.

5. Software Updates & Service Availability.

Symmr may provide various software updates or availability support as part of our Services. While Symmr will use reasonable efforts to ensure continuous availability, there may be scheduled, unscheduled, or emergency maintenance periods. Notice of scheduled downtime will be provided in advance where possible.

We reserve the absolute right, solely at our discretion, to change the specifications of all software made available through our Services and to discontinue the supply and/or support of any feature up to, and including, all features.

In no event does a lack of availability or a software bug entitle you to a refund. In the event a refund is provided that will be the sole and exclusive remedy for any service interruption to the Services.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, OUR SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS.

6. Customer & Technical Support.

We may, at our discretion, provide customer support and technical support as part of our Services including through any Authorized Reseller who may provide front-line customer support. You are responsible for obtaining, maintaining and supporting all internet access, computer hardware and software, third-party licenses, and any other equipment and services needed for you to access our services.

We may charge a separate fee for certain types of complex or time-consuming software support. We reserve the absolute right, solely at our discretion, to terminate your license to our Services for any cause including as a resolution to any ongoing customer support or technical support issue.

7. Explicitly Prohibited Use of Services.

You will not:

  1. violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of us or others;
  1. allow our Services to be used for any illegal purposes or for the transmission of any material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others
  1. publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications);
  1. publish, ship, distribute or disseminate material or information that encourages conduct that could constitute a criminal offense or give rise to civil liability;
  1. engage in any conduct that could constitute a criminal offense or give rise to civil liability for us;
  1. misrepresent or in any other way falsely identify your identity or affiliation, including through impersonation or altering any technical information in communications using the Services;
  1. transmit or upload any material through the Services contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing our, or any other person’s or entity’s, network, computer systems, or other equipment;
  1. interfere with or disrupt the Services, integrated third-party services, networks or servers connected to our systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering any of the information submitted through the Services;
  1. attempt to gain unauthorized access to the Services, our customers’ software systems or networks using the Services through any means; or
  1. interfere with another party’s use of the Services, including any parties you have done business with or choose not to do business with through the Services.

You are solely responsible for any and all improper use of the Services that occurs as a direct or indirect result of any act or omission by you. You are responsible to notify us immediately in the event you become aware of any unauthorized use of our Services or any other breach of security that is known or suspected by you.

We reserve the right (but have no obligation) at all times to monitor, review, retain and disclose any information about your use of our Services as desired for our own purposes or as necessary to satisfy or cooperate with any applicable law, regulation, legal process or governmental request.

8. Export Obligations.

You shall comply with all necessary authority, clearances and licenses with respect to your license of the Services including ensuring no access to our Services is provided to any individual identified on the then-current “Denied Persons List” maintained by theU.S. Department of Commerce, Bureau of Industry and Security (or any successor entity or agency thereto), or any individual that is a member, principal, affiliate or having any other connection with any group, association or other entity or collection whatsoever identified in the then-current Entity List contained in the US Export Administration Regulations, 15 CFR Part 774 et seq. (or any successor thereto).

9. Limited Warranty.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

OTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION, WE DISCLAIM ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY US. NO WARRANTY IS MADE THAT USE OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OR MISTRANSFER OF DATA OVER COMMUNICATION NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND YOU ACKNOWLEDGE THAT THE SERVICES MAY BE SUBJECT TO DELAYS, LIMITATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION FACILITIES OR AS A SIDE EFFECT OF A SOFTWARE BUG. WE DISCLAIM ANY REPRESENTATION OR WARRANTY CONCERNING ANY PRESENT OR FUTURE USE, INTEGRATION OR COMPATIBILITY WITH ANY AND ALL OTHER PRODUCTS OR SERVICES THAT ARE SUPPLIED BY US, ANY USER ERROR, OR THE SERVICES ABILITY OR INABILITY TO PROCURE, COMPILE, COLLECT, INTERPRET, REPORT, COMMUNICATE OR DELIVER ANY END USER DATA, OR YOUR RELIANCE ON THE PART OF THE BUSINESS UPON OUTCOMES FROM THE DATA MANIPULATION SOLUTIONS OF THE SERVICES OR THE ABILITY OR INABILITY ON THE PART OF YOU TO ACHIEVE AN OUTCOME THAT YOU DECIDED TO PURSUE IN RELIANCE UPON THE OUTPUT OF THE SERVICES. WE ARE NOT THE SINGLE SOURCE OF RECORD FOR ANY FINANCIAL DATA THAT MAY BE SUBMITTED TO OR THROUGH THE SERVICES AND ARE NOT RESPONSIBLE FOR ANY LOSS OR MISTRANSLATION OF DATA.

10. Limited Liability.

IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US BY YOU PURSUANT TO THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, OR DATA, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification.

You shall defend, indemnify, and hold harmless Symmr and its officers, directors, employees, agents, successors and permitted assigns against any third party claim, suit, action or proceeding (each, an “Action”) based on a claim that Symmr’s receipt or use of the Services in accordance with this Agreement infringes any intellectual property right or misappropriates any trade secret of a third party, and shall pay all settlements entered into and damages awarded against us to the extent based on such an Action; provided, however, that we shall have no obligations under this Section 10 with respect to claims to the extent arising out of:

  1. any instruction, information, designs, specifications or other materials provided by us to you;
  1. use of the Services in violation of this Agreement;
  1. use of the Services in combination with any materials or equipment not supplied to you or specified by us in writing; or
  1. any modifications or changes made to the Services by or on behalf of any person or entity other than us.

If the Services, or any part thereof, become, or in the opinion of Symmr may become, the subject of a claim of infringement or misappropriation, we may, at our option:

  1. procure for you, including by purchasing licenses, an alternative ability to use such Services free of any liability;
  1. replace or modify the Services to make them non-infringing; or
  1. terminate this Agreement and refund you any portion of the fees already paid for any infringing Services.

Notwithstanding the foregoing, we have no obligation to indemnify you for any Actions arising out of or related to integrated third-party applications, if any.

12. Disclaimers.

The Services are provided "as-is" without warranties of any kind, express or implied. Symmr does not guarantee uninterrupted or error-free operation and is not responsible for delays, data loss, or inaccuracies caused by third-party systems, acts of God, software bugs, network failures, or user actions.

13. Termination.

You may cancel your use of our Services at any time at your convenience by following an established disconnection procedure. If you subscribed to our services via an Authorized Reseller or third-party app store you must discontinue services through that channel and in accordance with their EULA. If you are a direct customer of Symmr Services you can discontinue services through our website symmr.tech and/or by contacting us.

In the event you violate the scope of any of the license rights granted herein, in addition to any other remedy that may be available to us, your license shall immediately terminate, and you shall discontinue any further use of our Services.

We reserve the absolute right, solely at our discretion, to terminate your license to our Services for any cause, at our convenience, including as a resolution to any ongoing customer support or technical support issue.

Upon termination of this Agreement for any reason, all rights and licenses granted by us hereunder to you will immediately cease.

14. Jurisdiction

All matters relating to privacy issues are governed by the laws of the United States and the State of Georgia. Nothing in this Agreement will be construed as an admission that we are subject to the laws or jurisdictions of any national or international jurisdiction or governmental entity, or to non-US law.

15. Changes to this EULA

We encourage you to periodically review our EULA from time to time to stay abreast of any revisions. If there are any material changes to this EULA, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated EULA if you continue to use the Services after the new EULA takes effect.

16. Notice

All communications required or otherwise provided under this Agreement including for changes to this agreement shall be in writing and shall be deemed given when delivered (i) by hand, (ii) by registered or certified mail, postage prepaid, return receipt requested; (iii) email; or (iii) by posting to a public Internet location such as a website for advertising or managing our Services.

17. Contact Us

If you have any questions or comments regarding this EULA, or if you wish to cancel or otherwise exercise your individual rights with regard to this Agreement, please contact us by email at eula@symmr.tech

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