Terms of Service - Symbolscape Inc.

Terms of Service

By using or accessing Symbolscape Inc. (“Services”) (site, themes, products, applications, features, plugins), you agree to these “Terms,” our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you do not agree to all of the Terms in this Agreement, you may not use or access the Services. Please read this Agreement carefully! It includes important information about your legal rights and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes, and class action waiver.

Creating an Account

Make sure your account information is up to date and keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 13 years old to use our Services.

  • Signing Up: To use the Services, you must first create an account (“Account”). You agree to provide us with accurate information for your Account. We may use this information to contact you.

  • Protect Your Account: Ensure that others don’t have access to your Account or password. You must notify us of any actual or suspected loss, theft, or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

  • Thirteen And Older: The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you are at least 13 years old. If you are under 18, you must have a parent or guardian’s consent to this Agreement.

  • Additional User Accounts: Symbolscape Inc. allows you to add multiple users to help manage your sites and applications. It is your responsibility as the primary Account holder to ensure these Additional Accounts are safe and protected. You are responsible for the actions that Additional Account holders take on your site.

Your Content

Your content remains yours. You still own it when you upload it to Symbolscape Inc.'s Services. However, you grant us permission to use it as necessary to provide our services. For example, when you upload a photo, you give us the right to save and display it on your site.

  • Featuring Your Site and Brand: We may use Your Site or a portion of it for Symbolscape Inc. marketing and promotional activities, including showcasing Your Site on our website or social media accounts. However, if you prefer that we do not use your brand information in this way, please notify us, and we will abstain from featuring your site or brand in our promotional activities.

Your Responsibilities

You are responsible for the content you publish and upload to Symbolscape Inc. Ensure that it complies with our Acceptable Use Policy and that you have the necessary rights to use it.

  • Use Only Content That You Are Allowed To Use: You represent that you own the rights to your Content or have the necessary permissions to use it with our Service.

  • Follow Our Rules: You are responsible for your conduct and Content and must comply with our Acceptable Use Policy. We may review your conduct and Content for compliance with these Terms.

  • Follow The Law: Your use of the Service must comply with applicable laws, including U.S. export controls, regulations, and sanctions.

  • Share Responsibly: Be mindful of the content you share, especially since it may be publicly accessible.

  • Your Site, Plugins, and End Users Are Your Responsibility: You may use the Service, which includes integrated software solutions for marketing automation, to create or publish sites and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You are solely responsible for compliance with any laws or regulations related to Your Sites, plugins, and your End Users, including the posting of your privacy policy. This includes the installation and management of any plugins for Mautic, WordPress, or other third-party services. You are responsible for ensuring these plugins are secure and do not cause any issues. We are not liable for Your Sites, plugins, or your End Users and will not provide legal advice regarding them.

Third Party Services

If you use any other service with Symbolscape Inc. or follow a link to another site or work with someone else to create your Site, what happens is between you and that person or service. We are not responsible for it. There is a lot of Content on our Service uploaded by many people like yourself. We are not responsible for any of that Content.

  • Core Integrations and Client-Selected Services: As part of our Services, we integrate certain third-party solutions such as Mautic for marketing automation, WordPress for content management, and AWS for email services (“Core Integrations”). These Core Integrations are part of our core offering and are managed by us. In addition, you may choose to integrate additional third-party services or plugins into your site or applications (“Client-Selected Services”). These Client-Selected Services are your responsibility, and your use of them will be governed by their respective terms and policies. You are responsible for ensuring that these integrations comply with applicable laws and do not pose security risks or other operational issues. We reserve the right to suspend, disable, or remove any Client-Selected Services, including plugins, at our discretion and without notice to you, particularly if they compromise security or functionality. We are not liable for any suspension, disabling, or removal, including any loss of profit, revenue, data, or intangible losses resulting from such actions.

  • Third Party Sites: The Service may contain links to third-party sites. When you access third-party sites, you do so at your own risk. We do not control and are not liable for those sites.

  • User Content: We haven’t and cannot review all of the User Content available via the Service. This means that the Service may contain User Content that is offensive or objectionable, contains errors, violates intellectual property, privacy, publicity, or other rights of third parties, that is harmful to your computer or network, or the downloading, copying, or use of which is subject to additional terms and policies. By operating the Service, we do not represent or imply that we endorse User Content provided or that we believe such User Content to be accurate, useful, or non-harmful. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published, or otherwise made available via the Service. You are responsible for taking precautions to protect yourself and your computer or network from User Content accessed via the Service.

Acceptable Use

You agree to use the Services in accordance with the following Acceptable Use Policy. Violations of this policy may result in suspension or termination of your access to the Services.

  • Prohibited Activities: You may not use the Services to:

    • Engage in any activity that is illegal, harmful, fraudulent, or deceptive.
    • Infringe upon or violate the rights of others, including intellectual property, privacy, and publicity rights.
    • Distribute or transmit malware, viruses, or any other harmful code.
    • Harass, abuse, or harm others, including sending unsolicited messages or spam.
    • Misrepresent yourself or impersonate others.
    • Engage in any activity that interferes with the normal operation of the Services or the use of the Services by others.

  • Content Restrictions: You may not upload, post, or transmit any content that:

    • Is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
    • Infringes on the intellectual property rights or other proprietary rights of any party.
    • Contains personal information of another individual without their consent.
    • Promotes illegal activities or conduct that is abusive, threatening, or obscene.

  • Security: You are responsible for maintaining the security of your account and the data you store or transmit through the Services. You must immediately notify us of any unauthorized use of your account or any other security breach.

  • Compliance with Laws: You agree to comply with all applicable laws and regulations in your use of the Services, including data protection laws and regulations related to email marketing and online communications.

Email Marketing Compliance

You must ensure that all email marketing activities conducted through Mautic comply with applicable laws and regulations, including obtaining explicit consent from recipients, providing clear opt-out mechanisms, and maintaining accurate sender information. Failure to comply with these regulations may result in the suspension or termination of your services.

Anti-Spam Policy

You agree not to use the Services to send unsolicited or unauthorized marketing messages (spam). You must ensure that all recipients of your email communications have provided their explicit consent. We reserve the right to monitor your email campaigns and suspend or terminate your account if we detect any spamming activities.

Reasonable Use Policy for Unlimited Email Sends

While we offer unlimited email sends as part of the Mautic service, this is subject to reasonable use. Excessive use that negatively impacts our infrastructure or violates our Acceptable Use Policy may result in throttling of email sends, additional charges, or termination of services.

Data Security and Privacy

All client data is stored securely in accordance with industry standards and is regularly backed up. While we take reasonable measures to protect your data, we are not liable for data breaches or unauthorized access resulting from external attacks. Clients are advised not to include highly sensitive data in their marketing systems. Our full data handling practices are outlined in our Privacy Policy.

Data Retention and Deletion Policy

We retain your data for the duration of your service. Upon termination of your Mautic service, we will permanently delete all associated data, including email lists, campaign data, and analytics, within 30 days. It is your responsibility to export any data you wish to retain before termination.

Compliance with Data Protection Laws

You are responsible for ensuring that your use of the Services complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the CAN-SPAM Act, and other relevant privacy and email marketing regulations. This includes, but is not limited to:

  • Obtaining Consent: Ensuring that you have obtained all necessary consents from individuals before collecting, using, or processing their personal data, especially for email marketing purposes.

  • Data Subject Rights: Respecting the rights of data subjects under applicable laws, including rights to access, correct, delete, or restrict the use of their personal data.

  • Data Transfers: Ensuring that any transfer of personal data outside of the European Economic Area (EEA) complies with the GDPR's requirements for international data transfers.

  • Security Measures: Implementing appropriate technical and organizational measures to protect personal data from unauthorized access, loss, or destruction.

  • Privacy Notices: Providing clear and comprehensive privacy notices to data subjects, detailing how their data will be used and their rights under applicable laws.

  • Email Marketing Compliance: Adhering to regulations governing email marketing, including the CAN-SPAM Act, which requires accurate sender information, a clear and conspicuous unsubscribe mechanism, and truthful subject lines.

Symbolscape Inc. will not be liable for your failure to comply with these or other applicable data protection laws. You agree to indemnify and hold harmless Symbolscape Inc. from any claims or damages arising out of your failure to comply with data protection laws.

Support and Maintenance

We provide regular maintenance and updates for Core Integrations, including Mautic, WordPress, and AWS services. This includes applying security patches and software updates as they become available. Clients are responsible for ensuring that any additional plugins or customizations they implement are compatible with these updates and do not interfere with the Core Integrations or overall system security.

Client Customizations

Clients may customize their sites or applications by adding plugins or other third-party services. However, clients are responsible for ensuring that these customizations do not compromise the security or functionality of the Core Integrations. We reserve the right to disable or remove any customizations that pose a risk to system security or performance.

  • Custom Code and Modifications: If you choose to implement custom code or third-party modifications within Mautic, you are responsible for ensuring that these do not interfere with the core functionality of the platform. We are not liable for issues arising from custom code or modifications, and such activities may void any support agreements.

Term and Termination; Data Handling

This Agreement remains in effect until terminated by either you or Symbolscape Inc. You may terminate the Agreement at any time by contacting us directly to cancel your services and billing. Upon termination, all client data stored on our systems will be permanently deleted. Clients are responsible for ensuring they have copies of any data they wish to retain before termination, as data deletion is irreversible and we will not retain or recover data after termination.

We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, particularly if you violate our Acceptable Use Policy. We are not responsible for any continued use of our services if you redirect your domain to another provider.

Sections of this Agreement that by their nature should survive termination, including but not limited to Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution, shall continue to apply post-termination.

Warranty Disclaimers

Symbolscape Inc. Services are provided "as is" without warranties or guarantees. We make no guarantees or warranties, implied or expressed, about the services provided. The services are provided "as is." At no time will any advice or information provided orally or written obtained by you from Symbolscape Inc. create any warranty or guarantee. Symbolscape Inc. makes no warranty or guarantee that the services provided will be timely, uninterrupted, or error-free, meet your requirements or expectations, or be free from harmful components.

Limitation of Liability

To the fullest extent permitted by law, Symbolscape Inc. shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, revenue, data, or other intangible losses, arising out of or in connection with your use of the Services or any third-party services or products, including client-selected plugins or customizations. This limitation applies regardless of whether the damages are foreseeable or whether Symbolscape Inc. has been advised of the possibility of such damages.

In no event shall the total liability of Symbolscape Inc. for any claims arising out of or related to the Services or this Agreement exceed the greater of the total amount paid by you to Symbolscape Inc. from the time the cause of action arose or five hundred dollars ($500).

This limitation of liability does not apply to liability for personal injury or death caused by negligence, gross negligence, or willful misconduct, or for any other liability that cannot be excluded or limited by law.

Indemnification

You are responsible if you do something that gets us sued, and you will cover all costs. To the fullest extent permitted by law, you agree to indemnify and hold harmless Symbolscape Inc. from and against all damages, losses, and expenses of any kind arising from your breach of the Agreement, your User Content, Your Site, your use of plugins or other third-party software, any claims from your End Users, and your violation of any law or regulation or the rights of any third party. This includes attorneys’ fees and costs.

Dispute Resolution

You agree to try to work out any dispute with Symbolscape Inc. before filing a claim against us by emailing support@symbolscape.com with a description of your claim. We will try to resolve the dispute informally by following up via phone, email, or other methods. Claims may only be filed on an individual basis and not as part of a class action. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations are not allowed.

Additional Terms

This Agreement is the entire agreement between us regarding your use of the Symbolscape Inc. Services. If we change the agreement in a way that reduces your rights, we will give you notice and an opportunity to cancel. If you are reading this in a language other than English, the English language version will control.

Controlling Law

This Agreement and the Services shall be governed in all respects by the laws of the County of Los Angeles in the State of California, without regard to its conflicts of law provisions.

Symbolscape Inc.

440 N BARRANCA AVE #7676
COVINA, CA 91723

Last Updated: July 31, 2024