Terms & Conditions

Last Updated: Apr 25, 2025

These Terms & Conditions (“Terms”) explain the rules that apply when you access and use our website and software called Simetrik (we will refer to it as “Software” for the rest of the document) owned by Simetrik INC, a corporation incorporated in the state of Delaware with its main place of business on 2261 Market Street #4030 San Francisco, CA 94114 US (we will refer to it as “Simetrik” for the rest of the document). 

We’ve written these Terms to be clear, practical, and useful for you.

1. About the Software

  • The Software is provided on a “software as a service” basis, meaning that it is accessed and used over the internet, rather than being installed on a local computer.
  • The Software is provided via the virtual platform www.simetrik.com and includes access to various resources, such as technical guides, product and program information, as well as materials like data, software, user documentation and other content.
  • Simetrik operates the Software from various locations and does not guarantee that it will be available or suitable for use in every country.
  • The Software is deployed in multiple regions, and some features may differ depending on the region or server you are connected to. These variations are based on the server or deployment region associated with your account and are not necessarily determined by your physical location.
  • The Software may be offered by Simetrik, authorized affiliates or Reseller partners, depending on your location.

2. Scope and Applicability

  • These Terms apply to all users of Simetrik’s website and Software.
  • By using the website and the Software, you agree with the Terms and have to comply with them.
  • If your company has signed a Master Services Agreement (MSA) with Simetrik and there’s a conflict between the MSA and these Terms regarding the use of the Software, the MSA prevails.
  • If there is no MSA, these Terms apply fully to your use of our website and software.
  • Simetrik may monitor general usage behavior to improve the Software. No personal data is collected through this monitoring process.

3. Registration and Account Usage

  • You must register as a user with accurate, current information and keep it updated.
  • You are responsible for ensuring the accuracy, truthfulness, validity and authenticity of the data provided by you to Simetrik.
  • Simetrik may request additional data or documents to verify the data you provide and reserves the right to suspend temporary or permanently users whose data could not be confirmed.
  • Only one account per user is allowed. Simetrik may suspend or terminate duplicate or unauthorized accounts.
  • You are responsible for all activity on your account and must protect your login credentials and keep them secure.

4. Account Security

  • Customers are responsible for managing who has access to their accounts and keeping usernames and passwords confidential.
  • You will keep control of the users’ access and will be responsible for canceling those no longer in use through your account management module.
  • Simetrik is not responsible for unauthorized access if credentials are compromised nor any damage resulting from it.
  • Users must notify contacto@simetrik.com immediately if they suspect unauthorized activity.

5. Rights to Use Simetrik’s Software

  • Simetrik owns all rights to the platform and its underlying technology.
  • Any feedback or suggestions provided by you may be used by Simetrik without any obligation or compensation.
  • You receive a limited, non-exclusive, non-transferable license to use the Software for internal business use, as outlined in these Terms and your Order Form or MSA.
  • You may not copy, modify, distribute, reverse-engineer, or create derivative works from the Software.
  • You may not reproduce, publish, or reuse Simetrik’s materials or logos without written permission.
  • Your use of the Software does not mean you gain any right or license to use it beyond the scope or duration of the services you hired with Simetrik.
  • You must not upload sensitive data (e.g. cardholder data) unless specifically agreed on in writing with Simetrik.

6. Use Restrictions

  • You agree not to:
    • Use the services for anything illegal or to violate third-party rights.
    • Interfere with or disrupt the platform.
    • Attempt to access systems or accounts that aren’t yours.
    • Misuse Simetrik’s intellectual property or confidential information.
  • You are responsible for the accuracy, quality, completeness, legality, reliability, suitability, and ownership of all information uploaded to the Software.

7. Access Suspension

  • Simetrik may suspend or disable access to the services if there is a breach of these Terms or misuse of the platform.
  • We may take such action without prior notice and without liability.
  • If there is a significant threat to security or functionality, Simetrik may suspend the account and access but will notify you in advance.
  • As per your valid MSA or Order Form, your access may be suspended if you have outstanding invoices. This suspension does not cancel your payment obligations.

8. Intellectual Property

  • Simetrik owns all rights to the Software and everything included in it—like software, documents, designs, data, logos, and other content found on https://simetrik.com.
  • You may not:
    • Copy, edit, or reuse the Software or its content;
    • Share or publish anything from the Software outside your organization;
    • Use Simetrik’s name, logo, or trademarks without written permission;
    • Host or link to our Software or content from another website.
  • You can:
    • View, download, or print materials from the Software for internal use—as long as nothing is changed and all copyright notices are kept.
    • Any permission to use our content must be in writing. All permissions will end automatically when your agreement with us ends.
  • Misuse of the Software or its content may lead to your access being suspended or terminated, and we may take legal action if needed.
  • If you’re unsure about what’s allowed, contact Simetrik directly.

9. Confidentiality

  • If either party shares non-public business or technical information (“Confidential Information”), the other must keep it confidential and only use it as needed to carry out the business relationship.
  • These confidentiality obligations continue after service use ends.
  • Once the relationship between you and Simetrik ends or at the written request of Simetrik, you must stop using the Confidential Information and return or destroy it.

10. Privacy and Data Protection

11. Accuracy of information and availability of the Website

  • Our website and its content as provided “as is”. While reasonable efforts are made to keep information accurate and up to date, Simetrik does not guarantee that the website will be error-free, uninterrupted, or suitable for any specific purpose.
  • You use the website and its content at your own risk. The information provided is for general informational purposes only and is not intended as legal, financial, or technical advice. It may not reflect your specific needs or circumstances.
  • Simetrik may suspend, limit or terminate access to the website at any time, without notice, for operational, legal, or business reasons.
  • Simetrik does not guarantee continuous availability of the website and may interrupt or discontinue its operation at any time. You should not rely on the website for critical or time-sensitive activities.

12. Third-Party Links

  • Our website may include links to third-party websites. The display of any hyperlink and reference to any third party advertising or website does not mean that Simetrik endorse that third party’s website, products or services.
  • Simetrik does not control or endorse their content and is not responsible for anything they provide.

13. Availability and Service Quality

  • We aim for high availability but do not guarantee uninterrupted, error-free service.
  • Interruptions may occur due to third-party cloud providers or other issues beyond our control.
  • Simetrik provides the service on a best-effort basis and does not guarantee specific outcomes or performance.
  • The rules for the Software availability will be in your MSA or Order Form. If you don’t have an agreement with Simetrik, there is no commitment to a specific availability.

14. Assumption of Risk and Data Responsibility

  • You are responsible for the accuracy and completeness of any data you upload.
  • Simetrik does not guarantee identification of all transactions or verification of data.
  • You accept the risk of data loss or device damage (e.g., from viruses or system issues) when using the platform.
  • Simetrik’s support team may access your workspace if necessary to resolve issues. Access will be limited and authorized by you.

15. Indemnity

  • You agree to defend, indemnify, and hold harmless Simetrik, its affiliates, employees, and representatives from any third-party claims, damages, or legal fees arising from:
    • Your use of the platform;
    • Your content or data;
    • Your breach of these Terms;
    • Any violation of another person’s rights.

16. Liability

  • Simetrik’s total liability is limited to the greater of:
    • The amount paid to Simetrik in the 12 months before the issue arose; or
    • USD $1,000
  • Simetrik is not liable for indirect, incidental, special, or consequential damages.
  • If you have an MSA or Order Form signed with Simetrik, the liability limits in that agreement apply.
  • If a limitation in these Terms is not enforceable in a specific case, it will apply only to the extent allowed by the applicable law.

17. Termination

  • You may stop using the services at any time. Refer to your MSA or Order Form for notice requirements.
  • Sections on confidentiality, IP ownership, and liability continue valid after termination.

18. Modifications

  • Simetrik may update these Terms from time to time.
  • We will publish the updated Terms at simetrik.com/legal/terms-conditions.
  • Continued use of the services means you accept the updated Terms.

19. Jurisdiction and Dispute Resolution

  • Unless your MSA says otherwise, these Terms are governed by the laws of San Francisco, California, USA.
  • Any disputes will be handled in the courts located in San Francisco, CA.

20. Contact

  • If you have questions or need support:  ✉️ contacto@simetrik.com

Thanks for using Simetrik! We’re excited to work with you.

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