SIX-DIMENSIONAL PROJECT DELIVERY

Terms of use

1. WHO WE ARE, WHAT WE OFFER, AND HOW TO CONTACT US

www.sympmy.com (“Site”) is a website created and operated by SYMPMY LIMITED (“Sympmy”) to promote our concept of six-dimensional project delivery and tools to support this. Beat is a cloud-based application hosted at beat.sympmy.com (‘’APP’’). Beat is conceived, developed and operated by Sympmy for project-grade action management, allowing you to organise and manage actions and decisions that form part of any project (‘’Service’’). Beat is currently offered for use as a beta test product. Sympmy is a company registered in England and Wales under company number 13471647 and have our registered office at 7 Bell Yard, London, England, WC2A 2JR. We are registered as Data Controller with the ICO under number: ZB251073. These Terms of Use (“Terms”) an agreement between you (both the individual using the Site and accessing the APP and any legal entity on whose behalf such individual is acting) (hereinafter “You”) and Sympmy and govern your access and use of our Site and APP, except where we expressly state that separate terms (and not these) apply, and provide information about the Service we offer. To contact us, please email hello@sympmy.com.  

2.  BY USING OUR SITE, CREATING AN ACCOUNT AND ACCESSING THE APP YOU ACCEPT THESE TERMS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AND ACCESSING THE APP. BY OBTAINING ACCESS TO OR USING OUR SITE AND APP, AND/OR BY CLICKING THE “I ACCEPT” OR “I AGREE” BUTTON AS PART  OF  THE  REGISTRATION FOR  THE  APP,  YOU  ARE  REPRESENTING, WARRANTING  AND  EXPRESSLY  AGREEING  THAT  YOU HAVE  READ  AND  CAREFULLY  REVIEWED  THESE  TERMS, UNDERSTAND  THEM,  AND  AGREE  TO  BE  LEGALLY  BOUND  BY  THEM, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF YOU SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY.  IF YOU HAVE NOT READ AND UNDERSTOOD AND/OR DO NOT AGREE TO FOLLOW AND BE BOUND BY ALL OF THESE TERMS YOU SHALL NOT USE OUR SITE AND THE APP. SYMPMY PERMITS YOU TO ACCESS AND USE THE SITE AND THE APP ONLY IN ACCORDANCE WITH THESE TERMS. THESE TERMS SUPERSEDE ANY PREVIOUS VERSIONS. SYMPMY AND YOU MAY BE REFERRED TO HEREIN COLLECTIVELY AS THE “PARTIES” OR INDIVIDUALLY AS A “PARTY.” You must be at least 16 years old to accept these Terms and access and use the APP. If you are between 16 and 18 years old, you must do so with the knowledge and consent of your parent or guardian. Anyone under the age of 16 years old must not access our APP. As permitted in these Terms we license you the right to access and use:
  • the Site and the APP and any updates or supplements to it.
  • the related online documentation (“Documentation”).
  • The action management service you connect to via the APP and the content we provide to you through it.
In return for you agreeing to comply with These Terms you may:
  • use any Documentation to support your permitted use of the Site, APP and the Service;
  • receive and use any free update of the APP incorporating “patches” and corrections of errors as applied in the cloud.
We may amend these Terms from time to time. Every time you wish to use our Site and the APP, please check these Terms to ensure you understand the terms that apply at that time. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Site and APP, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can send an email to hello@sympmy.com requesting deletion of your account. From time to time, we may update and change our Site and automatically update the APP and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Our Site and APP are made available free of charge during the beta test programme. We do not guarantee that our Site and the APP will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site and APP for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site and APP through your internet connection are aware of these Terms and comply with them.  

3. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you want to access the APP and Service you must create an account by providing an email address and creating a password. You must treat your account information as confidential. You must not disclose it to any third party. We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We are giving you personally the right to use the APP and the Service as set out above, you must not share your account to access the APP or the Service with someone else.  

4. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, APP, the Documentation, the Services and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The rights in the APP and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the APP, the Documentation or the Services other than the right to use them in accordance with these Terms. You may print off one copy, and may download extracts, of any page(s) from our Site, APP and the Documentation for your personal use and you may draw the attention of others within your organisation or elsewhere to content posted on our Site and APP. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site, APP, the Documentation must always be acknowledged. If you print off, copy or download any part of our Site, APP, the Documentation in breach of these Terms, your right to use our Site, APP, the Documentation, the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve all rights not expressly granted to you.  

5. PROHIBITED USES

You agree that you will:
  • not reproduce, duplicate, copy or sell any part of the Site, the APP or the Services in contravention of the provisions of these Terms;
  • not access without authority, interfere with, damage or disrupt:
    • any part of our Site and APP;
    • any equipment or network on which our Site and APP is stored;
    • any software used in the provision of our Site and APP; or
    • any equipment or network or software owned or used by any third party.
  • not rent, lease, sub-license, loan, provide, or otherwise make available, the APP or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not attempt to create accounts or access or collect information in unauthorised ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • not copy the APP, Documentation or Services, except as part of the normal use of the APP or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the APP, Documentation or Services nor permit the APP or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the APP and the Services on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the APP or the Services nor attempt to do any such things;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the APP or any Service.
You must:
  • not use the Site, APP or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Site, APP, any Service or any operating system;
  • not use the Site, APP or any Service in any way that breaches any applicable local, national or international law or regulation;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Site, APP or any Service (to the extent that such use is not licensed by these Terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site, APP or any Service;
  • not use the Site, APP or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
 

6. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

The Site, APP or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content. These links are provided for your information only and should not be interpreted as approval by us of those linked websites or information you may obtain from them. You will need to make your own independent judgement about whether to use any such independent sites.  

7. UPLOADING CONTENT TO OUR WEBSITE AND APP

Whenever you make use of a feature that allows you to upload content to our Site and APP you must comply with these Terms. You warrant that any such contribution does comply with these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. In general, any content you upload to our Site will be considered non-confidential and non-proprietary, but in the specific you retain all of your ownership rights in your content posted into the APP. Content you provide us via our Site, email, surveys and promotion you agree to grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such content. You acknowledge and agree that all intellectual property rights, title and interest in and to any feedback is hereby assigned to us. We shall exclusively own and have title to all feedback and notifications you send us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or APP constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site and APP if, in our opinion, your post does not comply with these Terms. You are solely responsible for securing and backing up your content. Export and Print features are provided within the APP.  

8. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We will use reasonable skill and care in providing our Site and APP to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Site and APP will always function without disruptions, delays, or imperfections. We do not guarantee that our Site and APP will be secure or free from bugs or viruses. You are responsible for configuring your own information technology, computer programmes, platforms and devices to access our Site and APP. You should use your own virus protection software. You must not misuse our Site and APP by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site and APP, the servers on which our Site and APP are stored or any server, computer or database connected to our Site or APP. You must not attack our Site and APP via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and APP will cease immediately.  

9. RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site and APP other than that set out above, please contact hello@sympmy.com.  

10. BREACH OF THESE TERMS

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms constitutes a material breach and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our Site, APP, the Documentation, the Services.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. If we end your rights to use our Site, the APP, the Documentation, the Services:
  • You must stop all activities authorised by these Terms, including your use of the Site, APP and any Services.
 

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for business losses. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site, the APP, Documentation or Services or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Site, the APP, Documentation or Services; or
  • use of or reliance on any content displayed on our Site, the APP, Documentation or Services.
In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
Limitations to the Site, APP and the Services. The Site, APP and the Services are provided for general project management information and project action management purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Site, APP or the Service. Although we make reasonable efforts to update the information provided by the Site, APP and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We are in no way responsible or liable for the successful or satisfactory conclusion of your projects. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the APP, to protect yourself in case of problems with the APP or the Service. Check that the APP and the Services are suitable for you. The APP and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the APP and the Services (as described in the Documentation) meet your requirements. We are not responsible for events outside our control. If our provision of the Services or support for the APP or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, but you acknowledge and agree that we shall not be liable for any failure to provide access to the Site, APP, Documentation and Services and for any event outside our control.

12.  SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. A FAQs menu item is included within the APP to provide guidance with the functionality offered. You may also contact us using the Feedback menu item if you have questions not covered by the FAQs. Contacting us (including with complaints). If you think the APP is faulty or misdescribed or wish to contact us you can use the Feedback menu item or send an email to hello@sympmy.com. How we will communicate with you. If we have to contact you, we will do so by email using the contact details you have provided to us.  

13. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and Cookie Policy and it is important that you read that information. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Site, APP or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. By using the Site, APP or any of the Services, you agree to us collecting and using technical information about the devices you use to access the Site and APP, related software, hardware and peripherals to improve our Site, APP and Service.  

14. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.  

15.  NO RIGHTS FOR THIRD PARTIES

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.  

16. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.  

17. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  

18. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

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