Terms of Service

Last updated: January 17, 2025

Welcome to SymphonicGrow. These Terms of Service (“Terms”) govern your access to and use of our website, services, and SaaS products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By registering for an account, accessing our website, or using any of our services or SaaS products, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and SymphonicGrow.

2. Services Description

SymphonicGrow provides:

  • Professional Services: Web development, SaaS development, SEO services, content writing, digital strategy, and related consulting services
  • SaaS Products: Cloud-based software solutions and tools accessible via subscription
  • Tools and Resources: Various online tools, audits, and analytics services

The specific features, functionality, and availability of our services may vary based on your subscription plan and service agreement.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Ensuring your password meets security requirements and is not shared with others

3.3 Account Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet this age requirement.

4. Subscription and Payment Terms

4.1 SaaS Subscription Plans

Our SaaS products are offered on a subscription basis. By subscribing, you agree to pay the fees associated with your selected plan. Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified).

4.2 Service Fees

Professional services may be billed based on project scope, hourly rates, or other pricing models as outlined in your service agreement or statement of work.

4.3 Payment Processing

You agree to:

  • Provide valid payment information
  • Authorize us to charge your payment method for all fees incurred
  • Pay all fees when due
  • Be responsible for any payment processing fees or taxes

4.4 Price Changes

We reserve the right to modify our pricing. We will provide you with reasonable advance notice of any price changes. Your continued use of the services after the price change takes effect constitutes your agreement to pay the modified fees.

4.5 Refund Policy

Subscription fees are generally non-refundable except as required by law or as explicitly stated in your service agreement. For professional services, refund eligibility will be determined on a case-by-case basis according to the terms of your service agreement.

4.6 Late Payments

Late payments may result in suspension or termination of your access to our services. We may charge late fees or interest on overdue amounts as permitted by law.

5. User Responsibilities and Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our services
  • Use automated systems (bots, scrapers) without our written permission
  • Engage in any form of data mining or data harvesting
  • Resell or redistribute our services without authorization
  • Impersonate any person or entity or misrepresent your affiliation
  • Use our services for any illegal or unauthorized purpose
  • Harass, abuse, or harm other users
  • Share your account credentials with unauthorized parties

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof (collectively, "Content"), are the exclusive property of SymphonicGrow and are protected by copyright, trademark, and other 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 in accordance with these Terms. This license does not include any right to resell or commercial use of our services or Content.

6.3 User Content

You retain ownership of any content you upload or submit to our services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing our services to you.

6.4 Work Product (Professional Services)

For professional services engagements, ownership of deliverables and work product will be specified in your service agreement or statement of work.

7. Service Availability and Modifications

7.1 Service Availability

While we strive to provide reliable and uninterrupted service, we do not guarantee that our services will be available at all times. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

8. Termination

8.1 Termination by You

You may cancel your subscription or terminate your account at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

8.2 Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice, if:

  • You breach these Terms
  • Your account is associated with fraudulent activity
  • You fail to pay fees when due
  • We are required to do so by law
  • We decide to discontinue the services

8.3 Effect of Termination

Upon termination, your right to access and use our services will immediately cease. We may delete your account data in accordance with our data retention policies. Provisions that by their nature should survive termination will remain in effect.

9. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any information obtained through the services

We do not warrant that the services will meet your requirements or that any errors will be corrected. Your use of the services is at your sole risk.

10. Limitation of Liability

To the maximum extent permitted by law, SymphonicGrow shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or business opportunities
  • Business interruption or loss of goodwill
  • Cost of substitute services
  • Any damages arising from your use or inability to use the services

Our total liability for any claims arising from or related to these Terms or the services shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless SymphonicGrow, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Any fraudulent or illegal activity

12. Dispute Resolution

12.1 Informal Resolution

If a dispute arises, please contact us first to attempt to resolve it informally. We will work in good faith to resolve any disputes.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration shall take place in [Location]. Each party shall bear its own costs of arbitration.

12.4 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.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and SymphonicGrow regarding the use of our services.

13.2 Severability

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

13.3 Waiver

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

13.4 Assignment

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

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our services.

15. Contact Information

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

Email: legal@symphonicgrow.com

Address: SymphonicGrow, [Your Business Address]