This agreement applies to and between you, the User of this Website and Symplr.io (https://studio.symplr.io). Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Website and our service. If you do not agree to be bound by these Terms of Use, you should stop using the Website immediately. Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using this website and any application (the “Service”) operated by Symplr.io or https://studio.symplr.io (“us”, “we”, or “our”).
In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our website, “we”, “company”, “us” and “our” refer to https://studio.symplr.io or Symplr.io and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Customers/Users and ourselves, or either the Customer/User or ourself. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using https://Symplr.io (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations. These Terms of Use govern your access to the Symplr.io Material and such other Symplr.io content and functionality as we may, at our sole discretion, provide from time to time, (together “Symplr.io”).
UNAUTHORIZED ACCESS
It is unlawful to try and gain unauthorized access to this site and, its servers, or any computer or database connected to this Site and/or our service(s). You must not attack this site and/or our application via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use this Site and our service(s) will cease immediately. We will report any such breach to the relevant law enforcement authorities.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site and service(s) or to your downloading of any material posted on them, or on any website linked to them.
SERVICE
Symplr.io allows you to;
Upload the Arazooworkflow specification file to view and execute.
View workflow documentation in Confluence via Symplr Confluence Plugin.
Create a mobile application by using Symplr’s template applications or importing your Figma Designs created as per Symplr guidelines.
Add workflows and other logic to the application.
Build and run applications.
Retrieve the application code to your source code repository such as GitHub.
Symplr.io is brought to you by 101 Digital Pte Ltd, 60 Paya Lebar Road, #04-23 Paya Lebar Square, Singapore 409051.
FEES AND CHARGES
In consideration of the services provided to you herein, Symplr.io provides such services free of any charge.
Notwithstanding the above-mentioned, Symplr.io reserves the right to introduce fees & charges at any time for premium services including but not limited to enterprise features, own data, etc.
SETTING UP YOUR ACCOUNT
You must create an account or register with us (via https://studio.symplr.io) and provide certain information about yourself and your organization. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In creating an account, we ask that you provide complete and accurate information about yourself and your organization to bolster your credibility. You may not impersonate someone else or another organization, create or use an account for anyone other than yourself or your organization, provide an email address other than your own or your organization, or create multiple accounts.
By continuing to use this Website, you represent and warrant that
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up to date.
You will maintain the security of your account and accept all risks of unauthorized access.
We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Symplr.io immediately to suspend your Account and cancel any unauthorized orders.
By creating an account, you agree that a legally binding contract is formed between you and Symplr.io. You indicate the acceptance of these Terms of Use on your behalf if you are not accessing the site on behalf of a corporate entity that employs you or which you represent (the “Corporate Participant”).
SITE ACCESS
You must comply with all email alerts and notifications that we post from the Symplr.io site.
You must comply with all applicable policies that we publish on the Symplr.io site from time to time.
You must use the “Contact Us” or the “Help” function on the Symplr.io site if you wish to raise any matter or query in respect to a Symplr.io site enhancement, defect, or vulnerability.
You must not upload any confidential or customer information to the site. You retain all of your ownership rights in the content you upload to the Symplr.io site, but you are required to grant us permission to use the content where the content is marked as public.
You may need to disclose your identity to law enforcement and any legitimate third party who is claiming that content posted or uploaded by you to this Symplr.io site constitutes a violation of their Intellectual Property Rights, confidentiality, or any other right.
We have the right to remove any content you place on the Symplr.io site for any reason, including if, in our opinion, your content does not comply with our acceptable use policies.
The views expressed by other users on the Symplr.io site do not represent our views or values and we carry no liability whatsoever.
PROHIBITED ACTIVITIES
Without prejudice to the terms, you must not, and you must not facilitate or enable others to:
Use Symplr.io site in a manner that infringes the Intellectual property rights, privacy, confidentiality, or any other rights of any third party (or in a manner which otherwise breaches law or regulation);
Introduce a virus, worm, trojan, web-bot, trapdoor, or any other similar software or code into Symplr.io site;
Use Symplr.io site in a manner that may be regarded as being false or misleading to us;
Generate unnecessary or excessive calls or volumes of activity on or through the Symplr.io site; and/or
Use the Symplr.io site for any reason other than that for which your access was granted.
OWNERSHIP
You cannot (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Symplr.io site in whole or in part.
You may print off one copy and may download extracts, of any page(s) from our Symplr.io site for your use and you may draw the attention of others within your organization to content posted on Symplr.io site.
If you print off, copy or download any part of our Symplr.io site in breach of these terms of use, your right to use Symplr.io site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our status (and that of any identified contributors) as the authors of content on the Symplr.io site must always be acknowledged.
You will not provide access to any other entity to your Symplr.io account. Any party requiring access must make their application(s) and agree to the site’s Terms of Use.
You acknowledge that we (or our licensors) own all legal right, title and interest in Symplr.io site (including its look and feel) and in the APIs, API Materials (including without limitation all modifications and enhancements to the same). We (or our licensors) reserve all rights in and to the Symplr.io site. You must not place or create any claims, liens, or encumbrances on the Symplr.io site (including APIs, API Materials contained within Symplr.io site). You acknowledge that we are the owner or the licensee of all Intellectual Property Rights in the material published on the Symplr.io site (including for the avoidance of doubt any comments posted by other developers on the forums). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. To the extent any such Intellectual Property Rights vest in you, you hereby assign to us with full title guarantee by way of present and future assignment all right, title and interest, whether legal or beneficial, in all such Intellectual Property Rights throughout the world absolutely and to the fullest extent possible.
LICENSE
We provide Applications (Apps) on the website and own all intellectual property rights to such Apps.
YOUR OBLIGATIONS AND WARRANTIES
You warrant, represent and undertake that:
you have full power and authority, without requiring or obtaining the consent of any other person, authority or body, to enter into and perform your obligations under these Terms of Use;
all information you give to us in connection with your access to Symplr.io site will be accurate, correct and up to date;
upon acceptance by you of these Terms of Use, these Terms of Use shall be valid and binding on you in accordance with its terms and shall not breach:
where applicable, any provision of your Corporate Participant’s memorandum or articles of association; or
any agreement, license or other instrument or of any order, judgment or decree of any court, governmental agency or regulatory body you are (or, where applicable, your Corporate Participant is) a party to or that binds you;
you will only access Symplr.io site, and/or the resources contained within Symplr.io site to which you have been granted authorized access.
Neither you nor, to your knowledge, any of your directors, officers, employees or agents:
have engaged in any activity that would reasonably be expected to violate Anti-Bribery and Corruption Laws; Anti-Money Laundering Laws or Sanctions;
are the subject of any allegation, voluntary disclosure, investigation, prosecution or other enforcement action related to Anti-Bribery and Corruption Laws, Anti-Money Laundering Laws or Sanctions;
is designated by a Sanctions Authority or owned or controlled by, or acting on behalf of, a person or entity that is designated by a Sanctions Authority or otherwise the target of economic sanctions administered by a Sanctions Authority, or organized in a foreign jurisdiction against which the relevant governmental authority maintains a trade embargo, economic sanction or other similar prohibition pursuant to which dealing with such person or entity is prohibited, in each case, to the extent prohibited by applicable law (collectively “Sanctions”).
DISCLAIMERS
To the maximum extent permitted by law, and save to the extent expressly provided to the contrary in these Terms of Use, (i) all access to Symplr.io site is made available to you on an “as is” and “as available” basis; (ii) we do not guarantee, and you acknowledge and agree, that access to Symplr.io site may not be continuously available for use or without inaccuracy or defect; and (iii) you agree that your access to Symplr.io site is at your sole risk.
You acknowledge that by entering into these Terms of Use with you we do not endorse your business, products or information in any way.
The Symplr.io site may contain one or more hyperlinks to third-party websites and services. We are not responsible for information gathered from, or the use of, any of these third-party websites and services.
We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.
Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website and app. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect the users of our website and app, we cannot guarantee its absolute security.
Any comments/reviews made by third-parties or other users on our website is made of their free-will and without coercion. Your reliance on any reliance any such third-party comment shall be at your discretion and risk. We shall not be held liable for any loss or damage from such reliance.
OUR WARRANTIES
We warrant that we have full power and authority, without requiring or obtaining the consent of any other person, authority or body, to enter into and perform our obligations under these Terms of Use.
If we perform any services for you not specifically set out in these Terms of Use or on our website or app, we shall carry them out with due care and skill, but make no other warranty or guarantee as regards to them or the outputs from them, and unless agreed otherwise, may charge you for such service on a time and materials basis at our then-current rates.
To the fullest extent permitted by law, unless expressly set out in these Terms of Use, all warranties and terms which would otherwise be implied by law, custom or usage are excluded from these Terms of Use.
MODIFICATION OF SERVICE AND THESE TERMS
We may at any time and in our sole discretion modify, replace or upgrade, delete, disable the functionality, content or properties of the Symplr.io site (or any APIs, API Materials contained within Symplr.io site) (“Modifications”), or decide to levy fees for some or all of the services provided on Symplr.io.
Symplr.io may change or amend part and/or all of the terms of use hereon this website. You will be bound by any changes to the Terms of Use from the first time you use the Website following the changes. We shall provide you with reasonable notice if we make any change to this agreement except where we are required by law to effect such change immediately or where there are reasonable reasons to make such changes e.g. in the cases of fraud, defective service and other reasons as we may see fit. If we are required by law to make any changes to Terms of Use, these changes will apply automatically to any transaction currently pending in addition to any transaction.
CONFIDENTIALITY
During the performance of services in this agreement, the parties may have access to and create documents, records and information of a confidential and proprietary nature to the other party. The parties acknowledge and agree that such information is confidential and must be kept strictly confidential and used only in the performance of their duties under this Terms of Use. The parties will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to their existing employees, partners or affiliates or as required by law or a court through a subpoena.
If either party becomes aware of a disclosure of confidential information about the other, the party who has discovered such breach of confidentiality shall immediately notify the other party and assist in rectifying such breach. The parties shall take commercially reasonable steps to mitigate the effect of any breach of confidentiality and disclosure of information. Should there be any course for legal actions or claims in contract, tort or other available legal actions, the non-breached party shall provide its full support to the breached party by providing information/documents regarding such unauthorized breach.
The duties in this shall survive this Terms of Use end without limit in time.
LIMITATION OF LIABILITIES
To the maximum extent permitted by law, and save to the extent expressly provided to the contrary in these Terms of Use, we disclaim any and all express or implied promises, representations, and warranties of any kind with respect to your access to Symplr.io site, including but not limited to condition, conformity to any representation or description, compatibility with all equipment and software configurations, the existence of any latent or patent defects, negligence, warranties of title, against infringement, and merchantability or fitness for a particular use or purpose.
To the greatest extent permitted by law, in no event will we or our third-party providers be liable for any liabilities or losses (including Indirect Loss) whether based on contract, tort or any other legal theory, even if we have been advised of the possibility of such damages.
Should Symplr.io be found in breach of these Terms of Use or for any loss (indirect, consequential, special or exemplary damages, loss of profits, loss of data), any compensation or relief to you shall be limited in the aggregate to SG$0.00 (Singapore dollars zero only).
Nothing in these Terms of Use excludes or limits our liability for:
injury or death caused by our negligence;
Loss caused by our willful default of, or fraudulent misrepresentation or fraudulent concealment;
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Symplr.io, its employees, directors, shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to our site and Service;
your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation;
any fraudulent behavior, willful misconduct or gross negligence;
SUSPENSION AND TERMINATION
We may suspend your access to the Symplr.io app or terminate these Terms of Use (on such notice as we may elect in our sole discretion), if:
you are in breach of any of the terms of these Terms of Use; and/or
you suffer a security breach that impacts on the confidentiality or integrity of the Symplr.io app.
Without prejudice to Clause 17.1, we may terminate or suspend access to the Symplr.io app if, in our sole reasonable opinion, we have a legitimate concern about your access to the Symplr.io app.
Either Party may terminate these Terms of Use without cause by giving not less than 24 (twenty-four) hours written notice to the other Party.
CONSEQUENCES OF SUSPENSION AND TERMINATION
On termination of these Terms of Use:
you shall (at our election) immediately return to us, destroy or permanently erase all property and materials containing, reflecting, incorporating or based on our Confidential Information or IPR which is in your possession or under your control. For the avoidance of doubt, you may retain such property and materials for as long as required by law;
we shall immediately disable your access to the Symplr.io app.
MISCELLANEOUS
Law and Compliance: You must at all times comply with all applicable Law.
Disputes: You acknowledge that your breach or your Corporate Participant’s breach of any of the provisions of these Terms of Use may cause immediate and irreparable harm to us for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you or your Corporate Participant the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit our right to seek or obtain further remedies.
Force Majeure: We shall not be in breach of these Terms of Use nor liable for delay in performing, or failure to perform, any of our obligations under these Terms of Use if such delay or failure result from events, circumstances or causes beyond our reasonable control.
Assignment: We may freely sub-contract, assign or novate these Terms of Use and our rights and benefits under it to any third party.
Entire Agreement: These Terms of Use, together with the documents referred to in it, constitutes the entire agreement and understanding between the Parties in respect of the matters dealt within it and supersedes, cancels and nullifies any previous agreement between the Parties in relation to such matters. Each of the Parties acknowledges and agrees that in entering into these Terms of Use, it does not rely on and shall have no remedy in respect of any statement, representation, warranty or undertaking (whether negligently or innocently made) not set out in these Terms of Use. The only remedy available to either Party in respect of any such statement, representation, warranty or understanding shall be for breach of contract under the terms of these Terms of Use.
Governing Law and Jurisdiction: These Terms of Use and the relationship between you and Symplr.io shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the exclusive jurisdiction/courts of Singapore.
Severability: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver: Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
How to contact us: If you have any questions about our company’s Terms of Use, or you would like to exercise one of your data protection rights, please contact us via this website https://studio.symplr.io.
