Agreement

The Terms and Conditions stated therein (collectively, the “Agreement” or “T&C”) constitute a legal agreement between you and SYME, a company incorporated under the laws of Denmark and having its registered office at Sankt Peders Stræde 10 1 tv, 1453 København K, (“the Company”, “SYME” “we”, “our”) stating the Terms and Conditions that govern your use of any services and properties such as websites or applications owned and operated by the Company called SYME (“the App” or “SYME”). In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below.

By using or receiving any services supplied to you by the App, and downloading, installing and/or using the App, by submitting your application for membership, accessing, you hereby expressly signify that you have read, understood this Terms and Conditions, and you agree to be legally bound by the Terms and Conditions set forth in this Agreement.

The Company reserves the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the website, and/or application. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.

The service is not for persons under the age of 18 or for any users previously suspended or removed from the service by SYME. if you are under 18 years of age, you must not use or access the service at any time or in any manner. The service is intended solely for persons that are in full legal capacity to conclude this Agreement, so if your legal capacity is reduced, limited or excluded please don’t use the App. By downloading and using this App you affirm that you are at least 18 years of age. This is a binding contract between you and the Company, which is based on your personal characteristics (intuitu personae), where your physical appearance, style, experience in modeling/fashion/art/sport business, is an essential term of the Agreement.

Membership

To access and participate in the App, you will need to submit a membership application. The number of members that can be granted membership is limited and depends on the number of available venues, so the Company has right to in its sole discretion approve, refuse, suspend or terminate membership in the Application at any time.

After your membership has been approved, you will need to create a password-protected account (known as “SYME Account” thereafter). In order to register and create an account on the App, members must agree to the Terms and Conditions and provide any other information required by the Company for registration. One person can have only one SYME account.

Your Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.

You are prohibited from allowing any third party to use your SYME account or gain access to the SYME Services through your Account. All services are validly for the one Account and it is not transferable to third parties.

Upon filing a request for membership, members will receive a questionnaire where we can ask you to provide us with your personal information and photos to make sure that only one person uses one account and that we can fully process your request.

In order to utilize the Service, you must either login through the SYME website or download the App and register an account with the Service (an “Account”). In both cases to create an Account, you must provide your name, email address, and/or social media account information and certain documentation that helps to verify your identity.

Submitted data, material and profile will be reviewed by SYME according to our standards and requirements at our sole discretion: once your profile will be validated you will be able to access to the platform full features.

By connecting your Account with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify SYME immediately at et@SYME.app if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. SYME will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying SYME of such unauthorized use or loss of your credentials. Separate log-in credentials may be required by the owners and/or operators of External Sites (as defined below) to access such External Sites.

In creating an Account, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by SYME App, with particular attention to your fiscal code, tax registration or VAT number (if any). You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion. We may, with or without prior notice, suspend or terminate your Account , if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. Further, we may suspend or terminate your Account, in our sole discretion, for any reason based on our investigation, findings or any allegations of wrongdoing or breaches of these T&Cs. We reserve the right to modify your user category at our discretion and at any time. This change may occur with or without prior notice to you. Messages sent to an e-mail address provided by you are returned as undeliverable, then SYME reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.

As a registered user of SYME, you automatically have a Web Profile on our website as one of the perks of being a member. This Web Profile displays the photos and videos that you have uploaded to your SYME Profile, Portfolio, and Content within the app. The Web Profile is accessible via a unique web profile link.

There are two visibility settings for your Web Profile:

– Public Web Profile: A public Web Profile showcases the photos and videos that you have uploaded to your Portfolio and Content in your SYME Profile. It is visible to anyone who has access to your web profile link.

– Private Web Profile: A private Web Profile ensures complete privacy. No access is granted to anyone, including those with your web profile link. Visitors attempting to access your private Web Profile will be directed to a 404 page, indicating that the profile is not accessible.

It’s important to note that no personal or private contact information is listed on the Web Profile. The Web Profile primarily displays the photos and videos from your Portfolio and Content within your SYME Profile on the app.

By opting to create a Web Profile on SYME and sharing it publicly, you empower us to promote your success on our platform. You grant SYME a worldwide, perpetual, transferable, and sublicensable right to use, copy, modify, distribute, publish, process, adapt, and otherwise modify the photos and videos you have uploaded to your Portfolio and Content in your SYME Profile. This grant includes the right to use your photos and videos for promotional and commercial purposes, as well as to showcase them on our platform, all aimed at advancing your opportunities with our venue partners.

If your Web Profile Content includes other individuals or third parties, and you tag SYME or related entities in the Content, you confirm that you have obtained the necessary consent from these individuals to use their Content as described in this paragraph.

SYME aims to respect the privacy choices of its Users regarding their Web Profiles, and Users can update their profile settings at any time to adjust the visibility of their Web Profile.

Service

We exclusively own and operate website, www.SYME.app, as well as the mobile and touch versions and mobile application (collectively, “Site” or “app” ), and we are an online web and mobile application that connects members of the App who request for membership via the App (known as “members”) and venues that provide their services. We allow the Members to be interconnected with others to show their specific experience regarding specific venue.

The App serves as a platform through which specific merchants (“venues”) offer the opportunity to order certain complementary goods or services, such as meals and beverages, at selected times, free of charge. These offers are available at cafes, restaurants, bars, pubs, gyms, beauty salons, or similar hospitality establishments (“Offers”). venues are the exclusive providers of these Offers and are solely responsible to you for the quality, care, and delivery of the goods and services they offer. 

Members have the privilege to select Offers by making reservations through the App service (referred to as the “Reservation”). Each venue is authorized to specify its terms and conditions related to the offer, including aspects such as the start and end times, the number of participants, special benefits, dress code, rules of conduct, the number of followers, the type of posts, social media outlets, and more. By making reservations, Members confirm and agree that they meet all the conditions outlined in the offer.

When you make a reservation, the App will send you a confirmation. A reservation is considered successful only if you receive this confirmation. You are required to check in by swiping and show the reservation confirmation at the venue to an authorized person. The venue will confirm your reservation by verifying that your name and profile picture on the ticket match their records. Only after this verification, the Member will be eligible to redeem the product or service specified in the reservation. Please note that the redemption process is contingent on the venue’s approval, and a Member cannot access the offer without completing this verification. If you don’t show up for a reservation or fail to check in adequately, it will be marked as a no show (“No Show”).

In the event that a member does not fulfill all the posted offer requirements within 6 hours of the check-in time of their reservation, they will be issued a penalty. If a member receives one penalty, their account will be flagged for non-compliance, but they can continue to use the app. The Member may choose to fulfill the offer requirements within 24 hours or pay for the full value of the offer redeemed in order to remove the penalty.

If a member receives two penalties, their account will be locked indefinitely until all penalties are resolved. To unlock the account, the member must fulfill the offer requirements within 24 hours or pay for the full value of the offer redeemed to remove the penalties.

If a member, who previously received 2 penalties, receives another penalty after their suspension period of 30 days, the Member’s account will be locked indefinitely until the full value of the offer(s) redeemed has been paid for.

The service is provided on an “as is” and “as available” basis. Your use of the Services is done so at your own risk.

If one of the venues provides special benefits for certain categories of members, we have the right to disclose this information and to communicate, to all members or those applying for membership, without any liability as to the content of the offer offered by one of the venues. In that case, members acknowledge and agree that the Company is solely a neutral facilitator and is not directly involved, nor is a party to the transactions, agreements, contract or arrangements between member and venue.

The service may be unavailable at certain times to allow the Company to maintain and upgrade the website. Although the Company will always endeavor to inform members in advance of any service unavailability, this cannot be guaranteed. The Company reserves the right to alter or withdraw the service at any time and also reserve the right to refuse the service to any member without giving a reason.

No guarantees or endorsements for services provided by venues. We do not guarantee the quality of venues because they are not employees, contractors or agents of the Company, nor are SYME is an agent of the venue. We make no guarantees regarding the quality of food and beverages, synthetic conditions, health safety and other conditions in the venue, skills and/or the outcome or quality of service performed or provided by the venue.

The Company does not endorse nor recommends the services of any particular venue. Any reference on the App or at the premises of a venue to the Company’s verifications indicates only that the venue is a registered member of the App, and is not an endorsement, certification or guarantee by the Company.

Additionally, the Company reserves the right to remove without notice to members any venue from the site or App.

Members should exercise due diligence and caution when deciding to make Reservations in venues.

The Company does not perform and is not responsible for the performance of services in the venues. In terms of the provision of services by venues and all other related matters, members contract directly with venues, and their contractual rights are governed by the contractual terms between them and by applicable laws.

Ownership and Use of App

The App, any content on the App and the infrastructure used to provide the App are solely owned by the Company. By using the App and accepting the Agreement: (a) SYME grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the App subject to this Agreement; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the App/Site. We may change, suspend or end any service or use of the APP at any time in our sole discretion. We may also in our sole discretion impose or change prices for any services or uses of this App To the extent allowed under law, these changes may be effective upon notice provided to you. The App is not a storage service, nor does the Company offer such services. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

We retain the right, in our sole discretion, to deny service or use of the App or an account to anyone at any time and for any reason whatsoever. The access to the App may be limited due to regular maintenance, interruptions or other circumstances out of our control.

You agree, undertake and warrant to the Company that: (i) you have reached the age of majority in the jurisdiction of your residence; (ii) you have capacity to enter into legally binding transactions: (iii) You will not attempt to use the App with crawlers, robots, data mining or extraction tools or any other functionality; (iv) you are the sole user of services of this App or Offers; (v) all information you submit to the App is accurate, true, current and complete; (vi) you will update and correct information you have submitted to the App and ensure that it is accurate at all times (out-of-date information will invalidate your account); (vii) you will accept the Offers or participate in other available programs through the App by creating an account on the App; (viii) you will at all times keep yourself informed about and comply with the Agreement.

Your obligations

As a member of the App, you agree to comply with the Agreement and all applicable laws and regulations. You acknowledge and agree that the App is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the App, or are using or attempting to use the App for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming.

You may create and hold one account on the Site and the App for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. The Company shall have no responsibility for any incident arising out of, or related to, your account settings. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the App/Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of this Agreement, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion.

You may not use the App to recreate or compete with the Company, or to solicit or harass other members, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services offered by the App at the material time when the advertisement or solicitation was publicized.

All personal information about other members are confidential, and you may not collect, harvest or publish. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third party claims against the Company based on or arising from your violation of the foregoing. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate/suspend your access to App without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the App.

All members of or interaction via the App/Site and must comply with these Agreement. The following activities are prohibited on the App/Site and constitute violations of this Agreement: Acting illegally or maliciously against the Company, partner venues, our business interests, reputation or services.

Submitting any content to the Site or the mobile application that: (i) breaches applicable laws; (ii) contains viruses or malware or offers unauthorized downloads of any copyrighted, confidential or private information; (iii) contains chain letters of any kind; (iv) impersonates others (including the Company or any of its employees, officers or agents); (v) is subject to any proprietary right without the express permission of the owner of such proprietary right; or (vi) is intentionally inaccurate, commits fraud or com information in connection with your Account or to create multiple SYME accounts; Attempting to do or actually doing any of the following: (i) interfering with service to any user in any manner, including by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site; (ii) scanning or testing the security or configuration of the Site or breaching security or authentication measures; (iii) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (iv) scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; or Using any of the following: (i) frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission; (ii) the Site or any of its resources to solicit venues, consumers, or other third-parties to become users or partners of other online or offline services; (iii) the Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with SYME; (iv) any site content, in any meta tags or any other “hidden text” techniques or technologies without our express written permission; Engaging in any of the following: : (i) interfering with service to any user in any manner, including by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site; (ii) scanning or testing the security or configuration of the Site or breaching security or authentication measures; (iii) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (iv) scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; or Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by SYME or venues; Reselling your membership or allowing others to use or benefit from your membership or from your access to the Site or any Offers you have accepted; Taking any action that places excessive demand on our services or Offer or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; Violating the restrictions in any robot exclusion headers on the Site or circumventing other measures employed to prevent or limit access to the Site; Exceeding or attempting to exceed quantity limits when accepting Offers; Aggregating any current or previous Offers or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission; or Hyperlinking to the Site from any other website or deep-linking to any portion of the Site. You are obliged to act in accordance with the laws and regulations applicable in the country in which the SYME site is located, as you acknowledge and accept that, independently of the offer of cocoa published in an ad via the App, it can be modified and customized in SYME itself if by such a tender violated any laws. This primarily relates to the right to consume alcohol, tobacco or other offers, which are, in certain countries, subject to a restrictive regime.

User conduct

You agree not to upload, post, or otherwise transmit any content that is obscene, vulgar, pornographic, or otherwise offensive, or that promotes or encourages illegal activity.

You agree not to upload, post, or otherwise transmit any content that infringes on the intellectual property rights of others, including, but not limited to, trademarks, copyrights, and patents.

You agree not to harass, threaten, or otherwise violate the legal rights of others, including, but not limited to, their privacy rights and publicity rights.

You agree not to upload, post, or otherwise transmit any content that contains viruses or other harmful components that may damage, disable, or otherwise interfere with the operation of the app or any other user’s device or software.

Content Moderation

We reserve the right to remove any content that violates these Terms and Conditions, or that we deem inappropriate or offensive, in our sole discretion.

We may use automated tools or third-party services to assist in identifying and removing inappropriate content.

We may suspend or terminate your access to the app if we determine, in our sole discretion, that you have violated these Terms and Conditions or engaged in any behavior that is harmful to other users or the app.

Refer & Earn

The “Refer & Earn” program (“Program”) is provided by SYME (“we,” “us,” or “our”) through the SYME mobile app (“App”).

By participating in the Program, you agree to these Terms and acknowledge that you have read and understood them.

Eligibility: Participation is open to registered, active SYME members who are of legal age in their jurisdiction.

Referral Criteria: To qualify for rewards, users must successfully refer new venues to SYME, include a contact name for the venue, have spoken to the contact at the venue and pitched SYME’ service to them. Venues must maintain a minimum of one active offer for a continuous 60-day period. Self-referrals and user-owned venue referrals are not permitted.

Referral Reward: The reward amount specified in the “Refer & Earn” section of the App is subject to change at our discretion.

Payment Collection: To claim rewards, eligible users must submit an invoice to et@SYME.app within 30 days of becoming eligible, including their name, venue name, itemized amount, and valid PayPal, or ACH payment information.

Disputes: Any disputes must be reported within 14 days of referral submission or invoice.

Liability: We are not liable for indirect, special, or consequential damages. Our maximum liability for any claim shall not exceed the value of the claimed reward.

Severability: If any provision is deemed invalid, the remaining provisions shall remain enforceable.

Changes to Terms: We may amend these Terms at any time, effective upon posting in our Terms and Conditions.

Terms and Conditions for Collabs

Collection of Location Data: SYME mobile application requires users to share their location in order to receive personalized offers from businesses (“Collabs”). By using the app, you agree to allow us to collect your location data.

Use of Location Data: We collect location data for the purpose of providing users with Collabs (personalized offers from businesses that are relevant to your location). We do not use your location data for any other purpose without your explicit consent.

Sharing of Location Data: We may share your location data with businesses that use the SYME mobile application for the purpose of providing you with personalized offers based on your location. By using the app, you agree to allow us to share your location data with these businesses.

User Consent: By using SYME, you agree to allow us to collect, use, and share your location data in accordance with our Privacy Policy and Terms & Conditions.

Privacy Policy: Please refer to our Privacy Policy, for more information about how we collect, use, and share your personal information, including your location data.

Liability: To the fullest extent permitted by law, SYME shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising from or related to the collection, use, or sharing of location data through the SYME mobile application.

Disclaimer of Accuracy: The SYME mobile application uses location data to provide personalized offers from businesses. While we strive to ensure the accuracy of the location data, we do not guarantee its accuracy, completeness, or reliability. You assume all risks associated with relying on the location data provided by the app.

Deletion of Location Data: If you delete your account or the SYME mobile application, your location data will be deleted from our servers within 30 days. However, please note that your location data may continue to be used by businesses that have already received your data in accordance with our Privacy Policy.

Non-Circumvent Clause: By using SYME, you agree not to circumvent, avoid, bypass, or obviate any credits or payments due to SYME. You also agree not to enter into any direct business relationships with any business or user you met through SYME, without the prior written consent of SYME. Any breach of this clause will result in immediate termination of your account and may result in legal action.

COPYRIGHT AND TRADEMARKS

The Site and mobile application contain copyrighted material, trademarks, and other proprietary information, including text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States (collectively “IP”). SYME owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content or IP, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of The Company or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any IP by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Company owns trademarks, registered and unregistered, in many countries and “SYME”, “SYME” trademarks, logos and variations thereof found on the Site are trademarks owned by SYME or its related entities and all use of these marks inures to the benefit of SYME. You may not use SYME’s name, logos, trademarks or brands, or trademarks or brands of others on the Site without SYME’s express permission. Other marks on the site not owned by the Company may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated, or may be the property of their respective owners.

Your License to SYME

In order to open your SYME account you will need to provide personal information including your text, illustrations, photos, videos, audios, sound recording or you may have an opportunity to provide or post via the Site reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material.

If the Offer requests that you take photos or/and to make a check-in, if you want to use an Offer you will be obliged to upload your photo/check-in on your social network and to tag, (i) SYME social network (Instagram account) (ii) SYME, and to express your positive impressions about the SYME and SYME in the photo. Such a photo must exist on your social networks for at least 24 hours from the publishing with maximum visibility (which includes having and maintaining a public Instagram account while using, redeeming and/or posting about SYME offers). In case that you delete a photo, or otherwise reduce visibility, before 24 hours from the publishing, it will be considered as “penalty”. You will not express negative impressions, comments or other references in a negative context via social networks, verbally, in writing, or through any other medium. You own the photos, images, videos and other content (“Content”) and information that you submit or post to your social networks, but if SYME is tagged on it you are granting to SYME without compensation the following non-exclusive license without any limitation in time: a worldwide, perpetual, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, adapt, change in appropriate post-production, arrange and otherwise modify this Content.

If we are tagged on Content, this means that you transfer to us all copyright regarding this Content that includes our right to commercial use of the Content. If the Content contains other persons – third parties, and you tag us, it will be considered that you have obtained the consent of those persons to use that Content as described in the preceding paragraph.

If venues are tagged on Content, this means that you are transferring to venues the right to repost your content on their social media channels. venues cannot use the content for advertising or promotional campaigns beyond Story, Reel and Feed reposts.

Content that is uploaded by SYME members can only be used for reposting without editing. For sake of clarity, reposts means saving the picture or video published on Instagram and/or adding each Story, Reel or Feed post on the SYME Instagram profile.

Other than reposting, venues cannot publish the content or use it for any other advertising, promotional , marketing or commercial purposes.

In case that a third person referred to in the previous paragraph (in order to protect its rights) files against the Company and / or authorized person of the Company, appropriate claims for temporary measures or for the prohibition of (re)posting of Content, you will be obliged to provide the Company with the necessary legal assistance in the said proceedings, including, but not limited to, your participation in these proceedings as the interveners. In the case that claims for reimbursement of damages to the competent court side of the Company and if the procedure and / or procedures, despite the participation of you on the side of the Company, completed and / or resolved in favor of the person who initiated the case against the Company, you will be obliged to compensate the person who initiated the process, and you will be obliged to fully compensate the damage to the Company.

We can include your Content in advertisements for the Services of others (including sponsored content) without your separate consent. However, we have also the right, without compensation to you or others, to serve ads near your content and information. We may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata).

Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others; You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content you have provided to the Company or via the Site or App that you may have under any applicable law under any legal theory. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. By submitting suggestions or other feedback regarding our services to the Company, you agree that the Company can use and share (but does not have to) such feedback for any purpose whatsoever without compensation to you. You undertake to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also undertake to ensure that your profile information will be truthful. You acknowledge and agree that SYME may be required by law to remove certain information or content in certain countries.

You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from submission of your content through this site. The Company assumes no liability for any content or other information you have provided.

The Company shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor any content you provide or disclose such content (subject to Privacy Policy) and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these T&C as well as to satisfy any applicable law or requirement of any authority. Without limiting the foregoing, The Company shall have the right to remove any content you provided from the Site in its sole discretion.

Pursuant to the provisions of the Digital Millennium Copyright Act (DMCA), SYME reserves the right, at its sole discretion, to terminate the account of any subscriber or account holder who is deemed to be a repeat infringer. SYME may also limit or restrict access to the SYME app or terminate any user accounts that are found to be in violation of any third-party intellectual property rights, regardless of the number of infractions.

NO REPRESENTATIONS OR WARRANTIES AND OTHER ACKNOWLEDGEMENTS

The Company acts as a neutral third-party facilitator in connection with the App and the Site. From the moment you make reservation on the App or Site, the Company acts solely as an intermediary between you and the SYME (or applicable third party), transmitting the relevant details of the reservation to you, and you initiate a direct legal relation with the SYME (or applicable third party), taking all legal consequences and risks from such a relation. You acknowledge and agree that the Company does not vet nor provide background checks on any Member, any SYME or any other party.

You acknowledge and agree that the Company, its affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents (“Company Parties”) do not make any representations or warranties (expressed or implied, statutory or otherwise) in connection with the use of the App or the Site and, in particular regarding, (i) the use of the App or the Site being uninterrupted, secure, virus-free or error free; or (ii) consequences or results from the use of the App or the Site; (iii) the accuracy, completeness or reliability of the content on the App or the Site, including, without limitation, offers, products or other available programs; (iv) the operation of the App or the Site or dealings via the App or the Site ; (v) other content provided at or via the App or the Site; or (vi) any of the Members or any SYME or third party you may interact with as a result of the App or the Site. The Site and all content, user content and other information contained on the Site, offers, products and other available programs accessible through the Site, are made accessible or available on an “as is” and “as available” basis, therefore, you agree to access and use this Site at your sole risk.

You acknowledge and agree that you are not an employee, representative, officer, partner or agent of Company and that you are not authorized to represent Company in any capacity whatsoever. You further acknowledge that Company is not and does not act as the talent, employment or another agent or representative of you and is not authorized to act and does not act on behalf of any of the venues or any other third party as a result of your use of the App or the Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY, “COMPANY PARTY”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR THE APP EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST COMPANY, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

COMPANY PARTY SHALL NOT BE LIABLE FOR ANY ACTION, CONDUCT OR LIABILITY WHATSOEVER OF ANY SYME, MEMBER, INCLUDING (WITHOUT LIMITATIONS) FOR FAILURE OF A MEMBER , TO CHECK-IN WITH THE SYME AFTER MAKING A BOOKING (NO-SHOW), CONDUCT AT THE VENUE OF THE SYME, ANY ABUSE IN CONNECTION WITH THE SITE, ANY DAMAGES A MEMBER MAY CAUSE TO ANY OTHER PERSONS, ANY DAMAGES OR HARM THAT THE MEMBER MAY SUFFER (IN CONNECTION WITH THE APP/SITE, AT THE VENUE OF THE SYME OR OTHERWISE).

You are solely responsible for your interactions with venues and other users of the App/Site. You hereby unconditionally and irrevocably waive any claims you may have against the Company in connection with any product or service of venues, regardless of whether such product or service is an Offer available through the App/Site, any action or inaction by a SYME, including, without limitation, but not limited to any harm caused to you by a SYME, a SYME’s failure to comply with applicable law and/or failure to honor its Offer you have accepted or any other product or service purchased or obtained by you from the SYME.

Any cause of action under or in connection with these T&C or the Site shall be time barred within six months.

Arbitration

YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In the event of any controversy or claim arising out of or relating in any way to these T&C or the App, you and Company agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand confidential arbitration in Denmark before one arbitrator. 

You agree that: (1) class action and representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to these T&C; (2) you will not assert, participate in, or join class action or representative action claims against the other in arbitration or otherwise; and (3) you shall only submit your own individual claims in arbitration and will not seek to represent the interests of any other person or entity.

By entering into arbitration, you acknowledge and agree that you are giving up your constitutional right to have any such claim decided in a court of law before a jury with only a limited right of appellate review, and instead are accepting the use of arbitration.

You agree that any arbitration (or pre-arbitration discussions) under the T&C shall be absolutely private. Neither party shall contact the press nor publicize the issues in dispute or the resolution thereof in any way.

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to the T&C will be filed only in courts located in Denmkar and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the T&C or the use of the App.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Company and its members, managers, officers, directors, employees, agents, parents, subsidiaries, and affiliates (collectively, the “Indemnified Parties”), from and against all claims, losses, liabilities, judgments, damages, costs, expenses, demands, and suits (including but not limited to fees and expenses of attorneys, experts, consultants, arbitrator(s) fees and arbitration administrative costs, court costs and fees, and all other costs of litigation and/or arbitration) arising out of or related to, or alleged to arise out of or be related to: (i) the performance, condition, or existence of the services offered or supplied by or through the App; (ii) any accepted Offer via the Site; (iii) any other offer, product or service you accept or buy from or at a SYME or from any third party related to the App; (iv) any content submitted or posted by you at the Site; (v) your breach by you of any of these T&C; or (vi) your breach of any applicable laws.

Non-Disparagement

The parties agree that they will not take any action that will harm the reputation of the other party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other party.

Force Majeure

The Company shall not be liable for failure to operate the Site or comply with these T&C due to event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of The Company.

Assignment

You may not assign any of your rights in connection with the membership of SYME or use of this Site or otherwise under these T&C, or any rights, benefits or obligations hereunder, by operation of law or otherwise. Any assignment to the contrary shall be null and void. The Company may assign these any rights towards you T&C, in whole or in part, to any third-party in its sole discretion by modifications of this T&C.

Entire Agreement

The T&C, including, without limitation, the incorporated Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and The Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Governing law

The construction, validity and performance of these T&C and all obligations arising from or relating to these T&C shall be governed by the laws of Denmark, without regard to any conflict of law provisions.

Jurisdiction

By using the SYME Site and App and becoming a SYME member you irrevocably and unconditionally agree that all disputes arising under or in connection with these T&C shall be referred to the competent court in Denmark. You further agree, as a sole exception to the preceding paragraph, that The Company shall have the sole and exclusive right to submit any claims against you under or in connection with these T&C to court of jurisdiction of your residence. If members have a dispute with venues, the former should address such disputes with the venues directly. Members hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute.

No Waivers

No delay or omission by The Company in exercising any right, power or remedy provided by law or under these T&C or any other documents referred to in it shall affect that right, power or remedy or operate as a waiver of it. The single or partial exercise of any right, power or remedy provided by law or under these T&C shall not preclude any other or further exercise of it or the exercise of any other right, power or remedy.

Notices

You agree that we may provide notices to you in the following ways: (1) by posting a notice the Site or App or (2) by an email sent to an address you provided, You undertake to keep your contact information up to date.

When you use the Site or send emails to The Company, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site or App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

Mobile services

The App is accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with this Agreement.

Feedbacks

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending The Company or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.

Accordingly, by sending Feedback to The Company you agree that: The Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason Feedback is provided on a non-confidential basis, and The Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; You irrevocably grant The Company perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Modification

We reserve and gave the right at all times to discontinue or modify any part of these T&C in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the T&C page or notify you otherwise. Any changes to these T&C (including to the Privacy Policy) will be effective upon our posting of the notice. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes.

Termination of the Agreement

We reserve the right to terminate the Agreement at any time without prior notice.

Miscellaneous

By using the Service, you give your consent to receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. This Agreement, its annexes and the policies herein contained are governed by the internal substantive laws of the United States of America without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and courts sitting in Denmark. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this Agreement or use of the Service. You further acknowledge that by submitting personal Information, no confidential, fiduciary, contractually implied or other relationship is created between you and The Company other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of The Company to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against The Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by The Company and you, this Agreement constitutes the entire agreement between you and The Company with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without The Company prior express written consent. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. The Company may assign this Agreement, including all its rights hereunder, without restriction.

Account deletion

If you would like to delete your account, please send an email to support@SYME.app. Keep in mind that you will not be able to apply for a new membership. Account deletions are permanent and without recourse.

Last update: 03/29/2024