English, not Legalese
Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead, to make our terms as clear as possible.
Please don’t forget that we are real people: take a look at our about page to get to know us a little. We are not perfect, but we’re trying our hardest, because we genuinely care about your success.
When you read Tailor Made or we below, it refers to Tailor Made Solutions, LLC, its affiliates, and agents.
Should you have other questions or concerns about this document, please send us an e-mail at email@example.com.
Using Symbly means accepting these terms
By accessing or using Symbly in any way, whether you have created your own Symbly account or are invited to view someone’s private content on Symbly, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.
If you do not agree to all of the terms and conditions contained in this document, do not access Symbly.
This is a living document
This is a living document. With your help, we want to make it the best in the industry.
If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears! Email firstname.lastname@example.org and we’ll chat.
We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone. Scroll to the bottom to see the history so far.
We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make.
Your access and use of Symbly is always subject to the most current version of this document.
Breach of Terms
We may block, restrict, disable, suspend or terminate your access to all or part of Symbly at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.
If you think we removed your access by mistake, let us know and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.
Support for Symbly is provided via our support portal at http://help.symbly.us, which you can also access by clicking the “Help & Support” button along the side of most pages on Symbly. You can also get in touch with us via email at email@example.com.
We also continuously update the Symbly Knowledgebase so that users can help themselves.
Access to your data
What personal data do you collect and why?
We collect the following personal data:
Name (including Display Name)
IP Address (for general statistics on usage and abuse prevention)
Device ID and Name of any iPads you link with your account
We do not collect Address or Credit Card information directly. See Who can see my credit card number? below.
We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Please be aware that your browser must be enabled to accept cookies from symbly.us in order for you to use Symbly.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.
Who can see my password?
No-one. We never store your password unencrypted, so no-one can read it.
It is your sole responsibility to keep your email, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Tailor Made immediately.
If you forget your password, we send you a secure link via email that lets you reset it.
Who can see my credit card number?
No-one at Tailor Made. We use the very trustworthy and secure Stripe payment service. Read about their security measures on the Stripe Terms of Service (in short, they encrypt your credit card info using industry-standard practices).
Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How can I access or correct my information?
You can access all your personally identifiable information that we collect online and maintain by logging in to Symbly and visiting the My Account page.
Who can see my supports?
It depends on what the sharing settings are for that support. By default, all the supports you create are private, but you can choose to make it public, share it with a team, or share it with other users via a special link.
For more information on sharing and what the different options are (and who they give access to), check out the How Do I Share a Support Knowledgebase article.
What are the guidelines Tailor Made follows when accessing my data?
- We restrict who at Tailor Made can access customer data to only senior members of the team, and never to outside contractors
- We only do it in response to a customer support question, or to look at issues affecting the entire Symbly application.
- We only do it in order to debug and fix the issue.
- We never make changes to anything unless explicitly requested by a user.
- We never ever ever share what we see with other customers or the general public.
- We might give access to US authorities if requested in writing. We’ll try not to, but we don’t have the resources to fight the government. We’ll also keep the account owner informed as much as we can if this happens.
How is my data protected from another customer’s data?
All of our customers’ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data.
Intellectual Property Rights
Who owns Tailor Made materials?
Tailor Made materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Symbly produced by Tailor Made.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Symbly service or Tailor Made Materials or any portions of them.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos and service marks displayed on this Site are the property of Tailor Made Solutions, LLC or other third parties. You are not permitted to use them without the prior written consent of Tailor Made Solutions, LLC or such third party that may own the Marks. Symbly and the Symbly logo are trademarks of Tailor Made Solutions, LLC.
- Tailor Made materials may not be modified or altered in any way.
- Tailor Made materials on Symbly may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Tailor Made materials.
- You may not copy or distribute any graphics in the Tailor Made materials apart from their accompanying text.
- You will not quote or display Tailor Made materials, or any portions thereof, out of context.
- Tailor Made reserves the right to revoke the authorization to view, download and print the Tailor Made materials available via Symbly at any time, and any such use shall be discontinued immediately upon notice from Tailor Made.
- The rights granted to you constitute a license and not a transfer of title.
- Any Tailor Made materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.
Who owns the IP of my supports and uploaded content (such as photos)?
Tailor Made does not claim intellectual property rights over supports or uploaded content on Symbly.
We leave it to each Symbly user to decide who should own the IP of the supports created using their Symbly account.
You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Symbly. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Tailor Made does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Symbly, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.
Who owns the IP of the symbols and images that I include in my supports via the Image Library tool?
The symbols that you include in your supports are the intellectual property of the providers of the symbol files. There are currently three symbol libraries included in Symbly: SymbolStix, which is the property of News 2 You, Inc.; Mulberry Symbols, which is the property of Straight Street and released via a Creative Commons license; and Noun Project symbols, which are the property of The Noun Project. You can read more about each of the symbol sets on their respective provider’s website. We have licensed these symbols to allow you to use them to create non-commercial works in an educational setting. If you wish to re-distribute any supports you create on Symbly that include symbols from any of these symbol sets outside of this intended purpose or outside of the Symbly service, you must contact the symbol set provider(s) to license them directly. Tailor Made is not responsible for your use of the symbols in any way that violates the rights of the symbol providers.
Images that you include in your support via the web search feature come from a variety of websites across the Internet. We do our best to only include images that can be used by you for non-commercial works in an educational setting, but the licensing of each image may vary. You are solely responsible for any infringement of the rights of others that may occur by using these images in your supports.
Do you guarantee that Symbly will be accessible at all times?
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.
We monitor Symbly closely and have set up automated alarms to be notified (via email and SMS) when the Symbly service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
You can see for yourself how we’re doing on this front over the last 30 days by looking at this Pingdom-powered chart (click for more info):
You acknowledge and agree that Tailor Made shall not be liable for any failure to store or retrieve your materials on Symbly at any time.
Play Nice Clauses
Use of Symbly
You agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Symbly server, whether through hacking, password mining or any other means.
- Access or attempt to access any material that you are not authorized to access.
- Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
- Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Symbly service, Tailor Made materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Symbly or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Symbly account holder or to any symbly.us or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Symbly service or other affiliated or linked sites, materials or services.
- Access or use Symbly in any manner that could damage, disable, overburden or impair any Symbly server or the network(s) connected to any Symbly server.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Symbly user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Tailor Made or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Tailor Made.
Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Tailor Made offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Tailor Made materials, the Symbly service or another third-party service. You agree that you will not hold Tailor Made responsible or liable with respect to the third-party services.
Special Treatment for Spammers
Restriction and Termination of Use
Tailor Made may block, restrict, disable, suspend or terminate your access to all or part of Symbly at any time in Tailor Made’s sole discretion, without prior notice or liability to you.
Notification of Copyright Infringement
Tailor Made will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Tailor Made will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Symbly or on sites linked to from Symbly, please provide written notification of claimed copyright infringement to the designated agent for Symbly (identified below), which must contain the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on Symbly;
- Information sufficient to permit Tailor Made to contact you, such as your physical address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Tailor Made’s designated agent for notice of claims of copyright infringement can be reached as follows:
Tailor Made, LLC
12109 E. Ayesbury
Wichita, KS 67226
By e-mail: firstname.lastname@example.org
Links to Third Party Sites
Symbly may include links that will take you to other sites outside of the Symbly service. The linked sites are provided by Tailor Made to you as a convenience and the inclusion of the links do not imply any endorsement by Tailor Made of any linked site. Tailor Made has no control of the linked sites and you therefore acknowledge and agree that Tailor Made is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Tailor Made is not responsible for any form of transmission (e.g. webcasting) received from any linked site.
Advertisements and Promotions
Tailor Made may run advertisements and promotions from third parties via Symbly in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Symbly, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Tailor Made is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Tailor Made advertisers on Symbly.
Warranties and Disclaimers
- the Symbly service and Tailor Made materials will meet your requirements;
- the Symbly service and Tailor Made materials will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of Symbly service and Tailor Made materials will be effective, accurate, or reliable;
- the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
- any errors or defects in Symbly service and Tailor Made materials will be corrected.
This Symbly service and Tailor Made materials may include technical or other mistakes, inaccuracies, or typographical errors. Tailor Made may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Symbly service and Tailor Made materials may be out of date, and Tailor Made makes no commitment to update the site, materials and services.
You acknowledge and agree that:
- Tailor Made does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
- Tailor Made makes no representations or warranties whatsoever about any such third parties, their materials or services;
- any dealings you may have with such third parties are at your own risk; and
- Tailor Made shall not be liable or responsible for any materials or services offered by third parties.
Tailor Made does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Symbly service and Tailor Made materials and participation in any services. Managers, hosts, and other third parties are not authorized Tailor Made spokespersons, and their views do not necessarily reflect those of Tailor Made. To the maximum extent permitted by law, Tailor Made will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Tailor Made also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Indemnity and Liability
You agree to indemnify and hold Tailor Made and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Symbly, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
- your access to or use of Symbly (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Symbly);
- your connection to Symbly;
- the actions of any member of your work group, including non-logged in users you have granted access to your Symbly supports;
- your infringement of any third party’s intellectual property rights when using any of the software made available on Symbly;
- your violation of any rights of any third party;
- your access to or use of linked sites and your connections thereto; or
- any dealings between you and any third parties advertising or promoting via Symbly.
The Symbly service can be accessed from countries around the world and may contain references to Tailor Made products, services and programs that are not available in your country. These references do not imply that Tailor Made intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Tailor Made Solutions, LLC and its affiliates from their offices within the United States of America. Tailor Made makes no representation that the Symbly service and Tailor Made materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
The export and re-export of Tailor Made Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Limitation of Liability
In no event shall Tailor Made, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Tailor Made has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
- the access or use of or the inability to access or use the Symbly service or Tailor Made materials;
- the statements or actions of any third party on or via the site, services or materials;
- any dealings with vendors or other third parties;
- any unauthorized access to or alteration of your transmissions, user materials or other data;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data, files, materials or other content;
- any services available that are delayed or interrupted;
- any web site referenced or linked to from this site; or
- your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Governing Law and Jurisdiction
The Symbly service (excluding linked sites) is controlled by Tailor Made Solutions, LLC from its offices within the state of Kansas, United States of America. By accessing Symbly, you agree that all matters relating to your access to, or use of, Symbly shall be governed by the statutes and laws of the State of Kansas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Sedgwick County and the United States District Court for the 25th Judicial District of Kansas with respect to such matters.
- 2012, January 17th: Published this document, updated links throughout Symbly to point here instead of the old policies, which this supersedes.