Welcome to Symby. These Terms of Service constitute a legal agreement ("Contract") between you ("User," "you," or "your") and Symby (Deutschland) GmbH, a subsidiary of Symby AG ("Symby," "we," "us," or the "Company").
Symby (Deutschland) GmbH provides an online Platform accessible at www.symby.com and through our mobile application (collectively, the Website and App are referred to hereinafter as the "Platform"), which enables users to discover news and knowledge, as well as search for content on the Internet.
These Terms of Service govern your access to and use of the Platform and all services available through it. By using the Platform, you enter into a binding Contract with us on these terms.
Any deviating Terms of Service of the user shall not apply unless the service provider expressly agrees to their application in writing.
The following terms and conditions (these "Terms of Service") apply to your use of the Platform, including any content, functionality and services offered on or via www.symby.com (the "Website") and the Symby mobile application (the "App").
These Terms of Service incorporate our Data Privacy Policy, which is part of this Contract.
By using the Platform—whether by visiting the Website, and/or downloading, installing, or using the App—you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Data Privacy Policy.
If you do not agree to these Terms of Service, do not use the Platform. If you have questions or suggestions about these terms, please contact us at hello@symby.com before using the Platform.
Symby is in beta and as such is a work in progress, meaning that a lot can and will change in the future. We reserve the right to update the Platform and these Terms of Service from time to time, at our discretion. Your continued use of the Platform following the publishing of updated Terms of Service, means that you accept and agree to the changes.
We are working hard on improving Symby, but we can't guarantee that the Platform (Website and/or App) will be up and running 24/7. In any case, we will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period, nor for any data loss. We do not guarantee that the Platform or any content provided on the Website and/or App is error free.
We manage your personal data according to our Data Privacy Policy.
By using the Platform (Website and/or App), you acknowledge and agree that you accept the Platform "AS IS" and "AS AVAILABLE" with all faults and without any warranties from us. You assume all risks associated with your use of the Platform and agree to indemnify and hold Symby harmless from any resulting claims or damages.
We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct, indirect, or consequential, resulting from your use of the Platform, and you agree to defend, indemnify and hold us (including, but not limited to Symby (Deutschland) GmbH, Symby AG, as well as affiliates, directors, employees, agents, licensors and suppliers) harmless from any claims, losses, liability costs and expenses (including but not limited to any legal fees), arising from your violation of any third-party's rights, including negligent or wrongful conduct by you or any person using your internet account.
You further agree to indemnify, defend, and hold harmless Symby AG and Symby (Deutschland) GmbH, including but not limited to its affiliates, officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages, and costs, including any legal fees, resulting from any download of information, files, or software you may make directly from or via this Platform. Symby does not warrant that such items are free of viruses or other potentially harmful code that may impact your computer or other devices. By using this Platform, you assume the risk of any and all damage or loss from use, downloading, or installation of any such material, files, or software.
The Company makes no warranty that the Platform will meet your requirements, be uninterrupted, timely, secure or error-free, provide accurate or reliable results, or that any errors will be corrected.
The Company expressly disclaims all liability for any damage, harm, or malfunction to your devices, equipment, or hardware that may result from downloading, installing, accessing, or using the Platform, including but not limited to: damage to mobile devices, tablets, computers, or other electronic equipment; battery degradation or failure; overheating; data corruption or loss; system crashes; bricking or rendering devices inoperable; damage to operating systems or firmware; or any other physical, electronic, or functional damage to your property. You assume full responsibility for any costs associated with repair, replacement, or recovery of your devices or equipment. The Company makes no warranty that the Platform (Websites and/or App) will be compatible with your devices, will function without error, or will not cause harm to your devices or equipment. To the maximum extent permitted by law, the Company shall have no liability whatsoever for any device damage, equipment malfunction, or related costs, whether such damage is direct, indirect, incidental, consequential, or punitive in nature, and regardless of whether the Company was advised of the possibility of such damage.
You agree to indemnify, defend, and hold harmless the Company, Symby AG and Symby (Deutschland) GmbH, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners, contractors, licensors, service providers, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) your access to or use of the Symby Platform; (ii) your breach or alleged breach of these Terms or any applicable law, regulation, or third-party right; (iii) any content, data, or materials you submit, post, or transmit through the Symby Website and/or App; (iv) any damage to your devices, equipment, or property resulting from your use of the Website and/or App; (v) your negligence, willful misconduct, or violation of any third-party rights; (vi) any claim that your use of the Symby Platform caused harm, injury, or damage to any third party or their property; or (vii) any dispute between you and any third party arising from or related to your use of the Symby Platform. This indemnification obligation shall survive termination of these Terms and your access to the Symby Platform.
Information provided via the service, including, without limitation, the Platform, is strictly for informational purposes only. The Platform offers hyperlinks, links through clickable content (e.g., images, text, etc.), and sometimes short summaries to help you discover and connect to information, however, we cannot guarantee that the results and the gathered information are free of any mistake or any defect, nor can we guarantee the completeness, up-to-dateness, accuracy, exhaustiveness, or absence of modification by a third party (including how this may impact short summaries of any kind on the Platform).
The information provided on the Platform is general in nature and does not constitute specific investment, legal, tax, accounting, or other professional advice. We encourage you to seek advice from qualified professionals to address your individual circumstances.
The Platform does not provide medical advice or remote diagnoses. Any information or recommendations are not intended to replace the advice of a physician, pharmacist, or other licensed healthcare professional. Please note: if you currently have any health concerns, you should see a doctor and not rely on information from third parties aggregated by this Platform. If you have an illness, or suspect a potential condition, immediately contact your healthcare provider.
The Platform and its content do not constitute financial, investment, trading, or any other advice of any kind and should not be treated as such. The Platform does not make recommendations regarding the acquisition, holding or disposal of specific financial instruments, securities or investments. Symby does not provide, on the Platform, any recommendations, decisions or judgments on the quality or value of financial instruments or on investment decisions of any kind, does not at any point recommend or urge a particular trading strategy or investment approach, and is neither an investment firm nor a financial advisor.
The Platform does not provide legal advice. Content collected, aggregated, or provided via the Platform should not be construed as legal advice and does not substitute for consultation with an attorney or other qualified legal professionals.
The Platform does not provide tax advice. Content should not be construed as tax advice. Tax matters may be complex and relate to your individual situation. It is recommended that you consult a qualified tax advisor for specific tax guidance.
The Platform does not warrant the accuracy, completeness, currentness, reliability, or suitability of the information provided for any particular purpose. We make no representations or warranties as to the correctness or completeness of information accessible via the Platform. Information may change, become outdated, or be incomplete without our control.
Symby is not responsible for the quality, accuracy, completeness, legality, reliability, or usefulness of third-party content made accessible via the Platform. Symby assumes no liability for errors, omissions, or inaccuracies in such information. Third-party content may be subject to the terms and policies of the respective third-party providers.
You acknowledge and agree that the Company functions similarly to a web browser, search engine, or news aggregator in providing access to third-party content and information. The Company bears no responsibility for the nature, quality, accuracy, completeness, currentness, legality, reliability, safety, suitability, or appropriateness of such content, or for any data transmission, tracking, advertising, or other activities conducted by third parties. The Company's role in curating, ranking, recommending, categorizing, labeling, or algorithmically selecting content for display does not constitute verification, endorsement, investigation, approval, or professional judgment regarding the accuracy, credibility, safety, legality, reliability, or suitability of such content for any purpose. The Platform provides tools for discovering and accessing information, but you remain solely responsible for how you use, interpret, evaluate, and act upon that information.
All disclaimer, limitation of liability, and indemnification obligations set forth in this section shall survive termination of your account, these Terms, and your access to the Platform, and shall remain in full force and effect indefinitely.
We provide this Platform (including Website and App) for use by persons located in and outside of Germany. We make no claims that the Platform or any of its content is accessible, appropriate or legal outside of Germany. If you access the Platform from outside of Germany, you do so on your own initiative and are responsible for compliance with local laws.
You agree that you may bring claims against Symby only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You may not participate in any class action lawsuit against Symby, whether as a class representative, class member, or otherwise. Unless both you and Symby agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.
You agree that you will not use the Company's website, mobile application, or services (collectively, the "Platform") for any unlawful purpose or in any way that violates these Terms.
The following activities are strictly prohibited:
Illegal and Harmful Activities:
Technical Interference and Security Violations:
Abuse and Misuse:
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with German laws without giving effect to any choice or conflict of law provision or rule.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire Contract between you and Symby and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. Should any provision of these Terms of Service be or become invalid, the legal validity of the remaining provisions shall remain unaffected; in place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intent of the parties.