Effective Date January 1, 2025
Version 4.0
Jurisdiction State of California

By accessing or using our services, you agree to be bound by these Terms of Service. Please read them carefully before proceeding.

1. Definitions

For the purposes of these Terms of Service, the following definitions apply:

"Services" All products, software, platforms, and services provided by Symaro, including but not limited to MDM solutions, cloud services, and consulting.
"User" or "You" Any individual or entity that accesses or uses our Services.
"Account" A registered user profile granting access to specific Services.
"Content" Any data, information, text, graphics, or other materials uploaded, submitted, or displayed through the Services.
"Subscription" A paid plan providing access to premium features and Services.

2. Acceptance of Terms

By accessing or using Symaro's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.

Important: If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Our Services

3.1 Service Description

Symaro provides technology solutions including:

  • Mobile Device Management (MDM) platform for enterprise device management
  • Cloud infrastructure and hosting services
  • Software development and consulting services
  • Cybersecurity solutions and assessments
  • IT consulting and digital transformation services

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We will provide reasonable notice of any material changes that may affect your use of the Services.

3.3 Service Availability

While we strive for maximum uptime, we do not guarantee uninterrupted access to our Services. Scheduled maintenance, updates, and unforeseen circumstances may result in temporary service interruptions.

4. User Accounts

4.1 Account Creation

To access certain Services, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential and secure
  • Notify us immediately of any unauthorized access

4.2 Account Responsibilities

You are responsible for all activities that occur under your account. Symaro is not liable for any loss or damage arising from unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

5. Acceptable Use

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services in compliance with all applicable laws and regulations.

5.2 Prohibited Activities

You agree NOT to:

  • Use the Services for any illegal or unauthorized purpose
  • Violate any laws, regulations, or third-party rights
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Services or servers
  • Reverse engineer, decompile, or disassemble our software
  • Use automated means to access the Services without permission
  • Resell or redistribute the Services without authorization
  • Engage in any activity that could harm our reputation

Warning: Violation of these prohibited activities may result in immediate account termination and potential legal action.

6. Intellectual Property

6.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by Symaro or its licensors and are protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes, subject to these Terms.

6.3 Your Content

You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive license to use, store, and process that content as necessary to provide the Services.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by Symaro without any obligation to you.

7. Payment Terms

7.1 Fees and Billing

Certain Services require payment of fees. All fees are stated in US dollars and are non-refundable unless otherwise specified. You agree to pay all applicable fees and taxes.

7.2 Subscription Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

7.3 Price Changes

We may change our fees upon 30 days' notice. Price changes will apply to subsequent billing periods.

Service Tier Billing Cycle Payment Method
Starter Monthly Credit Card, ACH
Professional Monthly / Annual Credit Card, ACH, Wire
Enterprise Annual / Multi-Year Invoice, Wire, PO

8. Service Level Agreement

8.1 Uptime Commitment

Symaro commits to maintaining 99.9% uptime for our core Services, measured on a monthly basis. This excludes scheduled maintenance windows and force majeure events.

8.2 Service Credits

If we fail to meet our uptime commitment, eligible customers may receive service credits as specified in their individual service agreements.

8.3 Support Response Times

Priority Description Response Time
Critical Service completely unavailable 1 hour
High Major functionality impaired 4 hours
Medium Minor functionality impaired 1 business day
Low General inquiries 2 business days

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the use of Services. This obligation shall survive termination of these Terms for a period of three (3) years.

Confidential information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is independently developed without use of confidential information
  • Is disclosed with the written consent of the disclosing party

10. Warranties & Disclaimers

10.1 Our Warranties

We warrant that:

  • The Services will perform substantially as described in our documentation
  • We have the right to provide the Services to you
  • We will provide the Services with reasonable care and skill

10.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure. You use the Services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • SYMARO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
  • THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY

Note: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Symaro and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or data

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, you will lose access to the Services and any data associated with your account.

13.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice, if:

  • You breach any provision of these Terms
  • You fail to pay applicable fees
  • We are required to do so by law
  • We decide to discontinue the Services

13.3 Effect of Termination

Upon termination, all rights and licenses granted to you will cease. Sections that by their nature should survive termination will remain in effect, including intellectual property, warranties, liability, and dispute resolution provisions.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Symaro regarding the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

15.6 Notices

All notices under these Terms shall be in writing and sent to the addresses specified in your account or to the contact information provided below.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Department

Email: legal@symaro.com

Address: Symaro Inc., 123 Tech Plaza, Suite 500, San Francisco, CA 94105

Phone: +1 (555) 123-4567

Business Hours: Monday - Friday, 9:00 AM - 6:00 PM PST