These Terms of Use govern your access to and use of Symmetry’s funnel-related software, websites, hosting, communications tools, analytics, and any related professional services and integrations (collectively, the “Services”). By creating an account, clicking “accept,” or using the Services, you agree to these Terms and any order form, statement of work, data processing addendum, or policy referenced herein (each, an “Order” or “SOW,” as applicable). If you use the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization, in which case “you” and “Customer” refer to that entity. You must be at least 18 years old and legally capable of entering into contracts. You are responsible for your account credentials, user permissions, and all activity under your account, and you agree to keep your registration information accurate and up to date.
The Services may include tools for funnel building, landing pages, lead capture, CRM synchronization, email and SMS campaigns, analytics, hosting/CDN, and related features as described in your account dashboard or Order. We may modify or improve features for performance, security, or compliance, and where a change is materially adverse, we will provide notice where feasible. We target commercially reasonable uptime and provide standard support during business days and hours as posted or as specified in your plan; scheduled maintenance and events beyond our reasonable control are excluded from service levels. Trials are offered on an “as is” basis, may be limited, and may convert to paid subscriptions unless cancelled in accordance with your plan. Subscriptions generally renew automatically for successive terms at then-current rates unless cancelled before the end of the current term, as stated in your plan or Order.
Fees are due in advance unless otherwise stated in an Order and are non-cancelable and non-refundable except as expressly provided herein. You authorize us to charge your payment method for recurring fees and applicable taxes, for which you are responsible unless you provide a valid exemption certificate. Late payments may accrue a finance charge of the lesser of 1.5% per month or the maximum allowed by law, and you agree to reimburse reasonable collection costs. We may suspend or limit access for non-payment, violations of these Terms, security risks, or to comply with law or carrier/partner requirements.
You agree to use the Services lawfully and in compliance with all applicable laws, rules, and industry guidelines, including those governing advertising, privacy, intellectual property, consumer protection, and anti-spam. Without limitation, you shall not transmit malicious code; engage in phishing, deceptive, or misleading practices; infringe or violate the rights of others; interfere with or disrupt the Services; or reverse-engineer, copy, modify, or create derivative works of the Services except as expressly permitted. You agree not to import, purchase, or use contact lists without proper consent and not to send unsolicited or unlawful communications.
If you use messaging or communications features (including email and SMS), you are solely responsible for obtaining and documenting valid consent from recipients as required by applicable law and policies (including CAN-SPAM, TCPA, Do-Not-Call, CTIA guidelines, carrier rules, and similar laws). You must include required disclosures, honor opt-outs promptly, clearly identify your brand and business address, manage sending domains and numbers, and use the current rates unless cancelled before the end of the current term, and maintain accurate records demonstrating compliance. You acknowledge that deliverability is not guaranteed and may be affected by ISPs, carriers, your reputation, and the content you publish. Where applicable, you are responsible for the number registration and verification processes (such as A2P 10DLC and toll-free verification), as well as any associated fees.
As between the parties, you retain all rights in content, data, materials, and information you or your users provide to or through the Services (“Customer Content”), and we retain all rights, title, and interest in and to the Services, software, documentation, and underlying technology. You grant us a non-exclusive, worldwide, limited license to host, process, transmit, display, and otherwise use Customer Content solely to provide and improve the Services, perform legal obligations, and prevent fraud or abuse. You represent and warrant that you have all rights and permissions necessary for Customer Content and its use as contemplated by these Terms. If you provide feedback or suggestions, you grant us a royalty-free, perpetual license to use them without restriction.
We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Content. Where applicable, Symmetry acts as a processor/service provider and processes personal data only to provide the Services per your instructions and our agreement. We will notify you without undue delay of any confirmed security incident affecting Customer Content, and we will cooperate as reasonably required by law. If you process data of residents outside the United States, you are responsible for lawful transfer mechanisms and compliance with local requirements. Your use of the Services is also subject to our posted Privacy Policy and, if executed, a Data Processing Addendum, which forms part of these Terms.
We may offer professional services such as implementation, consulting, or managed services, which will be governed by an applicable SOW or Order. Unless otherwise specified, professional services are provided on a time-and-materials basis and are deemed accepted upon delivery. The Services may interoperate with third-party platforms, tools, or services not provided by us. We are not responsible for such third-party services, their terms, security, or availability, and your use of them is governed by their own agreements and policies.
Each party may disclose certain nonpublic, confidential information to the other. The receiving party will protect each party’s disclosing confidential information with at least the same degree of care it uses to protect its own confidential information, and not less than reasonable care, and will use it only as necessary to perform under these Terms. Confidential information does not include information that is or becomes public without breach, is independently developed without use of the other party’s confidential information, nor is rightfully received from a third party without a duty of confidentiality.
Each party represents that it has the authority to enter into these Terms. During any paid subscription, we warrant that we will provide the Services in a commercially reasonable manner consistent with documentation. Except as expressly stated, the Services and all related materials are provided “as is” and “as available,” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or produce specific results such as deliverability, conversion rates, or revenue.
We will defend and indemnify you against third-party claims alleging that the Services, when used as authorized and unmodified, infringe intellectual property rights, subject to customary exclusions for combinations not provided by us, Customer Content, or unauthorized use. Our options include modifying the Services, replacing them with a functionally equivalent solution, or refunding prepaid, unused fees for the affected portion and terminating it. You will defend and indemnify us against claims arising out of Customer Content, your unlawful communications or lack of required consent, your violation of law or third-party rights, or your breach of these Terms. Indemnification is conditioned on prompt notice, control of the defense by the indemnifying party, and reasonable cooperation by the other party.
These Terms commence upon your acceptance and continue while you use the Services or have an active subscription. Either party may terminate for material breach if the breach is not cured within thirty (30) days after written notice. You may terminate for convenience, effective at the end of the then-current term, by providing the notice required by your plan or Order; fees paid are non-refundable except as expressly set forth herein or required by law. We may suspend the Services for non-payment, violations, security risks, or legal requirements. Upon termination or expiration, your access ends, and upon written request, we will make an export of Customer Content in our standard format available for thirty (30) days unless prohibited by law.
To the maximum extent permitted by law, each party’s total liability arising out of or related to the Services is limited to the fees paid or payable by you to Symmetry for the twelve (12) months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility. These limitations do not apply to your payment obligations, your infringement or misappropriation of our intellectual property, or your indemnification obligations for unlawful communications or lack of consent.
You are solely responsible for ensuring your campaigns, funnels, and promotions comply with applicable laws, regulations, and industry standards, including FTC advertising guidelines, required disclosures, and any sector-specific rules for financial services, healthcare, real estate, or other regulated industries. You are responsible for the claims you make to consumers and for any required substantiation.
Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, civil disturbances, internet or utility failures, labor disputes, cyberattacks, or governmental actions, provided the affected party uses reasonable efforts to mitigate the impact. You may not assign these Terms without our prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee is not our competitor and agrees in writing to be bound by these Terms. We may assign these Terms without restriction.
Legal notices must be sent to the addresses outlined in your Order or account profile and to Symmetry Asset Solutions LLC (“Symmetry,” “we,” “us,” or “our”), 17330 West Ctr Rd. Ste 110, Omaha, Nebraska, 68130 United States. Contact: askSAS@symmetryaisolutions.com | 402-509-9662. Notices are deemed given when received, or in the case of email, when sent without bounce. These Terms are governed by the laws of the State of Nebraska, excluding its conflicts of law rules. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Douglas County, Nebraska. If both parties agree in writing, disputes may alternatively be resolved by binding arbitration administered by the American Arbitration Association in Omaha, Nebraska.
We may reference your name and logo in a customary client list or case study with your prior written consent, not to be unreasonably withheld. You will not use or export the Services in violation of U.S. export control or sanctions laws. If the Services are accessed by or on behalf of a U.S. Government entity, they are provided as “commercial items” with only those rights outlined in these Terms. We may update these Terms from time to time, and where changes are material, we will notify you by email or in-product notice; your continued use after the effective date constitutes acceptance. These Terms, together with any Order, SOW, DPA, and referenced policies, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous agreements. In the event of conflict, the following order of precedence applies: the most recent Order or SOW, then any DPA, then these Terms, then policies. If any provision is found unenforceable, it will be replaced with an enforceable term that most closely reflects the original intent, and the remainder will continue in full force. No waiver of any provision is a waiver of any other provision, and there are no third-party beneficiaries unless expressly stated.
For questions, contact Symmetry Asset Solutions LLC at email: askSAS@symmetryaisolutions.com
