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Terms of Service

Last updated: 2026-07-11

The following Terms of Service (the "Agreement") are entered into by and between Symphiq, LLC doing business as Symphiq ("Symphiq") and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services. If you do not agree to this Agreement, you are prohibited from using or accessing our Services. We may modify these terms at any time by posting the revised terms to our website. Your continued use of our Service means that you have accepted the changed terms.

Symphiq may at any time, without notice to you, revise this Agreement and any other information contained in this website by updating this posting. Symphiq may also make improvements or changes in Services at any time without notice.

General

This website and all content in this website (the "Site") may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Symphiq's prior written consent, except that Symphiq grants Subscriber non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site. This permission is conditioned on Subscriber not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site.

Subscriber's failure to comply with this Agreement will result in automatic termination of any rights granted to Subscriber, without prior notice, and Subscriber must immediately destroy all copies of downloaded materials in Subscriber's possession or control. Except for the limited permission in the preceding paragraph, Symphiq does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Certain Disclaimers

Information on this website is not guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Symphiq assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, Subscriber should confirm the accuracy and completeness of all posted information before making any decision related to any Services.

Subscriber Data

Subscriber provides to Symphiq a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, copy, perform, reproduce, display, and distribute, including to create derivative works or incorporate into other works, all Subscriber-owned data provided by Subscriber or which Subscriber makes available to Symphiq in connection with Subscriber's use of the Services ("Subscriber Data") for the limited purpose of fulfilling Symphiq's obligations under this Agreement, including without limitation conducting research, development, usage monitoring, and other day-to-day business activities.

Usage Data

Subscriber acknowledges that Symphiq may obtain certain usage, technical, and statistical data regarding Subscriber's use of the Services and that such usage, technical, and statistical data is the sole property of Symphiq and is not Subscriber Data. Symphiq may use and disclose usage, technical, and statistical data without restriction.

Confidentiality

During the performance of the Services, each party may disclose (the "Disclosing Party") or receive (the "Receiving Party") information of a confidential nature that is of value to the Disclosing Party, whether written or oral, that is:

  • marked as "confidential," or with a similar designation;
  • identified by the Disclosing Party as confidential and/or proprietary before, during, or promptly after presentation or communication;
  • disclosed to (or otherwise acquired by) Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the information or data disclosed, that the information or materials should be treated as confidential ("Confidential Information").

Disclosure and Use

Except as provided below or with the prior written consent of the Disclosing Party, the Receiving Party will not:

  • disclose any Confidential Information of the Disclosing Party other than on a need-to-know basis to its directors, officers, members, managers, employees, affiliates, attorneys, and contractors;
  • use Confidential Information other than for fulfilling the obligations or exercising the rights of the Receiving Party under this Agreement;
  • allow others to make copies of such Confidential Information except as is reasonably necessary;
  • remove or export any such Confidential Information in violation of any applicable law.

Return and Remedies

Upon the request of the Disclosing Party, or upon termination of this Agreement, Receiving Party will promptly return (or, with written permission from the Disclosing Party, destroy) all copies of any Confidential Information in its possession or control. The Receiving Party acknowledges that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury.

Indemnification

Subscriber will defend (at Symphiq's option), indemnify, and hold Symphiq and its affiliates, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents (collectively, "Symphiq Indemnitees") harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs arising out of or related to:

  • any breach or alleged breach of this Agreement by Subscriber;
  • Subscriber's negligence or misconduct;
  • Subscriber's use of the Services or information obtained therefrom.

Warranty Disclaimer

USE OF THIS SITE AND SERVICES IS AT SUBSCRIBER'S SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Symphiq EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

SUBSCRIBER UNDERSTANDS AND AGREES THAT IF SUBSCRIBER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, SUBSCRIBER DOES SO AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Symphiq OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE AGREEMENT.

Compliance with the Law

Subscriber agrees to use the Services in accordance with all applicable federal, state, and local laws and regulations and industry standards.

Third-Party Content + Sites

The Service may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Symphiq (collectively, "Third Party Services"). Symphiq is not responsible for the content of any Third Party Services. Subscriber's use of a Third Party Service linked from the Service is at Subscriber's own risk and will be governed by such third party's terms and policies.

You hereby grant Symphiq an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third Party Service in connection with Symphiq or Service.

Relationship of the Parties

The parties hereto are independent contractors. Neither party is an employee, agent, partner, or joint venture of the other. Neither party shall have the right to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.

Dispute Resolution

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement or any breach, termination, or validity thereof (a "Dispute") shall be solely and exclusively resolved by arbitration. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration. The arbitration shall be conducted in Salt Lake County, Utah before a single neutral arbitrator.

BY AGREEING TO THIS AGREEMENT AND USING THE SERVICES, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY.

Governing Law

This Agreement is governed according to the laws of the State of Utah, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties agree to the jurisdiction thereof.

Export Laws and International Privacy

Subscriber agrees to fully comply with all U.S. and other applicable export laws and regulations.

Severability & Survivability

If a court of competent jurisdiction holds any provision of this Agreement to be contrary to law or public policy or otherwise unenforceable, the remaining provisions shall remain in full force and effect; and the invalid provision shall remain in force as reformed by the court. Portions of this Agreement which by their nature would survive termination thereof (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive.

Waiver

No term or provision of this Agreement shall be deemed waived, and no breach consented to or excused unless such waiver, consent, or excuse is in writing and signed by the party claiming to have waived, consented, or excused. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.

Miscellaneous

Each party represents and warrants to the other party that such party has the legal power to enter into this Agreement, that the signatory hereto has the authority to bind the applicable party, and this Agreement will constitute a legal, valid, and binding obligation of each party in accordance with its terms. Symphiq may assign any of its rights or obligations to others at any time without notice to Subscriber. Subscriber may not assign any of its rights or obligations to others without Symphiq's prior written consent.

Contact Us

If you have any questions about these Terms of Service, please contact us at support@symphiq.com.