Last Updated: August 6, 2024

Welcome to SimplyAsk.ai. By accessing or using our website and our SaaS business automation product, Symphona (collectively referred to as the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). Please read these Terms of Service carefully before using our Services.

1. Acceptance of Terms

By using our Services, you agree to comply with and be legally bound by these Terms of Service and our Privacy Policy. If you do not agree to any part of these terms, you may not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

3. Account Registration

To use certain features of our Services, you may need to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account.

4. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms of Service. You further agree not to access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Specifically, you agree not to:

1. Violate any applicable laws or regulations.
2. Infringe on any third party's intellectual property rights.
3. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
4. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
5. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
6. Delete the copyright or other proprietary rights notice from any Content.
7. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
8. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
10. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
11. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
12. Engage in unauthorized framing of or linking to the Services.
13. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
14. Use the Services in a manner inconsistent with any applicable laws or regulations.
15. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

5. Subscription and Payment (Applicable to Symphona Explore Plan Only)

5.1 Pricing Terms

Our pricing model for the Symphona Explore plan is based on usage, with different rates for various types of usage transactions. Detailed information on our pricing plans is available on our Pricing Page: https://simplyask.ai/symphona/pricing.

5.2 Payment Terms

By subscribing to the Symphona Explore plan, you agree to pay all applicable fees and charges in accordance with the billing terms in effect at the time a fee or charge is due and payable. All payments are non-refundable. Payment methods accepted include credit cards, debit cards, and other payment methods as specified on our payment page.

5.3 Invoices and Receipts

Invoices for the usage of services under the Symphona Explore plan will be generated monthly. Receipts will be sent directly to the email address provided during account registration.

6. Symphona Enterprise Plan

Customers subscribed to the Symphona Enterprise plan will have separate terms detailed in their contractual agreements. These terms supersede any conflicting terms in this document.

7. Intellectual Property Rights

All content and materials included in our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, are the property of SimplyAsk.ai or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Services without our express written permission.

• Trademarks: The trademarks, logos, and service marks displayed on our Services are the registered and unregistered trademarks of SimplyAsk.ai and its licensors. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark without the express written permission of SimplyAsk.ai or its licensors.
• Copyright: Except for your own User-Generated Content, all content on the Services is our property or that of our licensors as indicated. You may not copy, modify, distribute, create derivative works from, or disclose any content without our prior written consent.

8. User-Generated Content

By uploading or transmitting content via the Services, you retain full ownership of any content you create. However, you grant SimplyAsk.ai a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute such content as necessary to operate the Services. This license will terminate when you or SimplyAsk.ai remove your content from the Services. You are responsible for any content you create or share using the Services and you represent and warrant that you have all rights necessary to grant us the foregoing license.

9. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by SimplyAsk.ai. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

10. Service Availability and Maintenance

We strive to maintain the availability of the Services at all times but may experience occasional downtime or technical issues. We reserve the right to suspend or discontinue the Services for maintenance, updates, or any other reason, with or without notice.

11. Feedback and Suggestions

If you submit any ideas, suggestions, or feedback about the Services, you agree that we can use, modify, and incorporate those ideas without any restriction or compensation to you.

12. Publicity

You grant SimplyAsk.ai the right to include your name and logo as a customer on our website and in other promotional and marketing materials. If you wish to limit this use, please contact us at support@simplyask.ai.

13. Warranties Disclaimer

The Services are provided on an 'AS IS' and 'AS AVAILABLE' basis. SimplyAsk.ai makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

14. Limitation of Liability

To the fullest extent permitted by law, SimplyAsk.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

15. Indemnification

You agree to indemnify and hold harmless SimplyAsk.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or violation of these Terms of Service.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles.

17. Dispute Resolution

Any disputes arising out of or relating to these Terms of Service or the use of the Services will be resolved through binding arbitration in accordance with the rules of Vancouver International Arbitration Centre in British Columbia, Canada.

18. Changes to the Terms of Service

We reserve the right to modify these Terms of Service at any time. It is your responsibility to review the Terms of Service periodically. Your continued use of the Services after any changes to the Terms of Service constitutes acceptance of those changes.

19. Contact Information

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