Cymatic Terms of Service
Last Updated: September 19, 2026 Document Revision: 2026-09-19 Effective Date: September 19, 2026 for new users. For existing users, clarifications and provisions that improve your rights apply immediately; any material change that reduces your rights or increases your obligations takes effect only after the notice and consent requirements in Section 22 have been met.
1. Agreement to Terms
Welcome to Cymatic ("Service", "Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Cymatic platform, including our mobile applications (iOS and Android), web application, and related services.
By creating an account, accessing, or using Cymatic, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you (individual or entity, "you", "your", or "User") and Cymatic, a product of Grid Logic LLC, a software development firm based in Contra Costa County, California.
1.1 Your Mandatory Rights
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory warranty, remedy, privacy right, or other right that cannot lawfully be excluded, restricted, or modified. This protection applies throughout these Terms, including every disclaimer, refund restriction, liability limit, indemnity, and dispute provision. If a provision conflicts with a mandatory right, that right prevails. Section 20 explains regional protections.
1.2 Apple Software License
For the iOS application distributed through the Apple App Store, Apple's Standard Licensed Application End User License Agreement governs the software license. These Terms govern Cymatic's accounts and services and supplement, rather than replace, that license. If these Terms conflict with that license concerning the licensed application, the Apple standard license prevails. Nothing here limits Apple's rights under that license or your rights under applicable law or App Store purchase terms. Grid Logic LLC operates Cymatic; contact us at support@cymatic.media for Cymatic support.
2. Description of Service
Cymatic is an enterprise-grade creative group collaboration platform that provides:
- Group Collaboration: Real-time chat, event management, and group coordination
- Video Processing: Upload, optimization, watermarking, and slicing of creative content videos
- AI-Powered Analysis: Performance Analysis for multi-session progression tracking, and AI Assistant for single-session analysis — both powered by Google Vertex AI (Gemini)
- Offline-First Architecture: Encrypted local storage with background synchronization
- Role-Based Access Control (RBAC): Tiered permissions system for group management
- Cloud Storage: Secure storage of group content, videos, and media
- Social Media Publishing: Connect third-party social media accounts (such as YouTube) and publish group content directly from within Cymatic
- Series Management: Organize and participate in creative series, showcases, and collective programs with shared data and communication tools
- Data Source Integration: Connect external storage services (such as Google Drive) to import media, documents, and project files for AI analysis
- Sponsorship Management: Tools to facilitate group patronage relationships
The Service is designed for creative teams, artists, musicians, and related stakeholders.
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must:
- Create an account with accurate and complete information
- Be at least 13 years of age (or legal age in your jurisdiction)
- Provide a valid email address and password
- Agree to receive administrative communications from us
Users under 13 are prohibited from creating accounts. Users aged 13-17 require parental consent.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Using strong passwords and enabling available security features
You are responsible for taking reasonable steps to protect your account. This does not exclude our responsibility for our own breach of these Terms, negligence, security obligations, or any liability that cannot lawfully be excluded.
3.3 Account Verification
We reserve the right to verify your identity, reject account applications, or suspend accounts that violate these Terms or applicable laws.
Your Cymatic account and agreement are separate from any account you may hold for another Grid Logic LLC product. Deleting Cymatic does not delete or cancel another product account, subscription, or agreement.
4. User Roles and Permissions
Cymatic uses a role-based access control system:
4.1 Role Hierarchy
- Group Owner (Level 4): Full group management rights, including group deletion, billing management, and owner transfer
- Group Admin (Level 3): Member management, event creation/editing, group settings configuration
- Social Media Manager (Level 2): Publication and campaign administration, including campaign configuration and branding, without membership, billing, or group-settings authority
- Patron (Level 2): Limited permissions for patron-specific features and content access
- Member (Level 1): Event viewing, chat participation, profile management
4.2 Role Responsibilities
- Group Owners are responsible for all activities within their group, including member conduct and content posted
- Group Admins are responsible for enforcing group policies and managing access appropriately
- Social Media Managers are responsible for campaigns, branding, and publications they manage
- All members must comply with the Acceptable Use Policy (Section 7)
4.3 Role Changes and Removal
Group Owners and Admins may modify member roles or remove members at any time. Removed members lose access to group content immediately.
5. Subscriptions and Payments
5.1 Subscription Plans
Cymatic offers various subscription tiers with different features and usage limits. Current localized pricing and plan details are shown in the applicable app store or Stripe checkout before purchase.
5.2 Billing and Renewal
- A paid subscription applies to a group. A group may have only one active billing source at a time: Apple App Store, Google Play, or web billing through Stripe. Changing the billing source does not automatically cancel a subscription with the previous provider; follow the cancellation instructions for that provider before switching.
- Purchases in the iOS app use Apple in-app purchases; purchases in the Android app use Google Play billing. Stripe processes web purchases. Cymatic does not use PayPal for these subscriptions.
- Before you purchase, the checkout or store purchase screen discloses the price, currency, billing interval, applicable taxes, renewal terms, and any trial or promotional conditions. Those purchase terms apply to your subscription.
- Subscriptions renew and charge the selected payment method for each disclosed billing period unless canceled before renewal in accordance with the purchase terms. No paid subscription is created merely by creating an account or group.
- Price changes apply prospectively. We or the billing provider will give at least 30 days' notice of an increase, and any additional notice or consent required by law or the store. You may cancel before a price increase takes effect.
- Failed payments may affect paid features, subject to applicable notices, billing-provider grace periods, and mandatory rights.
5.3 Cancellation and Refunds
You may stop renewal through the provider that bills you:
- Apple: Open your Apple account's Subscriptions settings, select Cymatic, and cancel. See Apple's cancellation instructions.
- Google Play: Open Google Play, select Payments & subscriptions, then Subscriptions, select Cymatic, and cancel. See Google Play's cancellation instructions.
- Web / Stripe: Use the web app's subscription management controls. If you cannot access them, contact support@cymatic.media for help canceling your web subscription.
Cancellation normally stops the next renewal, with paid access continuing until the end of the period already paid for. Uninstalling the app, leaving a group, or deleting an account does not itself cancel an Apple or Google Play subscription. Cancel with the billing provider as well.
We do not ordinarily offer a prorated refund solely because you cancel partway through a billing period. This does not limit a refund, price reduction, cancellation, withdrawal, repair, replacement, or other remedy required by law or available under the billing provider's rules. Contact Apple for App Store refund requests, Google Play for Play purchase refund requests, or support@cymatic.media for web purchases. You may also contact us about service problems regardless of where you purchased; these routing instructions do not remove any claim you have against us.
Where distance-selling law provides a withdrawal or cooling-off period, that right applies. Starting to use the Service does not by itself waive it. Any lawful request for immediate performance, proportionate charge, or loss of a withdrawal right requires the disclosures, express consent, and acknowledgments applicable to that transaction. Store terms cannot remove mandatory rights.
5.4 Trials and Promotions
An offer's duration, eligibility, renewal price, and cancellation deadline are disclosed before you accept it. A trial converts to a paid subscription only where you expressly agree to those payment and renewal terms. Cancel through the relevant billing provider before the disclosed deadline to avoid the renewal charge. Changes to future offers do not retrospectively remove an offer already accepted.
6. User-Generated Content
6.1 Content Ownership
You retain all ownership rights to content you create, upload, or post using the Service ("User Content"), including:
- Videos, images, and media files
- Chat messages and communications
- Event descriptions and group information
- Project files and data submitted to AI features
6.2 License Grant to Cymatic
By posting User Content, you grant Cymatic a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
- Store, process, and transmit your User Content as necessary to provide the Service
- Create derivative works (e.g., downsampled videos, watermarked content, video slices)
- Display your content to group members based on their permission level
- Use aggregated, anonymized content for service improvement and analytics
- Back up and replicate content for disaster recovery purposes
- Publish or transmit your User Content to third-party platforms (such as YouTube) at your direction using connected social media accounts
This license terminates when you delete content, except for:
- Content shared with other users (remains available to them)
- Backup copies retained for disaster recovery are deleted within 45 days
- Aggregated/anonymized analytics (cannot be traced back to you)
6.3 Content Responsibilities
You represent and warrant that:
- You own or have the necessary rights to all User Content you post
- Your User Content does not violate third-party intellectual property, privacy, or other rights
- Your User Content complies with all applicable laws and these Terms
- You have obtained all necessary consents for identifiable individuals in videos/images
You are solely responsible for your User Content and any consequences of posting it.
6.4 Content Moderation
We reserve the right (but have no obligation) to:
- Monitor, review, or remove User Content that violates these Terms
- Disable accounts that repeatedly post prohibited content
- Cooperate with law enforcement regarding illegal content
We do not pre-screen User Content and are not responsible for content posted by users.
7. Acceptable Use Policy
7.1 Prohibited Activities
You agree NOT to use the Service to:
Content-Related:
- Upload illegal, harmful, threatening, abusive, harassing, defamatory, or hateful content
- Post content depicting violence, illegal activities, or harm to individuals or animals
- Share sexually explicit, obscene, or pornographic content
- Infringe copyright, trademark, patent, trade secret, or other intellectual property rights
- Post false, misleading, or fraudulent content
Security and Technical:
- Attempt to gain unauthorized access to the Service, other accounts, or systems
- Distribute malware, viruses, or malicious code
- Reverse engineer, decompile, or disassemble the Service, except where applicable law permits this despite a contractual restriction
- Use automated tools (bots, scrapers) without written permission
- Interfere with or disrupt the Service's operation or servers
Commercial and Legal:
- Use the Service for illegal purposes or to violate laws
- Spam, phish, or send unsolicited commercial communications
- Impersonate others or misrepresent your affiliation
- Collect or harvest data about other users without consent
7.2 Video Content Guidelines
Given Cymatic's focus on creative content videos:
- Videos must not depict illegal activities
- Videos must comply with applicable intellectual property policies
- Videos containing third-party music require proper licensing
- Content featuring minors requires parental consent
- Videos must not contain graphic or harmful content intended to shock
7.3 Enforcement
Violations may result in:
- Content removal without notice
- Account suspension or termination
- Reporting to law enforcement for illegal activities
- Legal action for damages caused by violations
8. Video Processing Services
8.1 Video Upload and Processing
When you upload videos to Cymatic:
- Automatic Optimization: Videos may be automatically downsampled to ≤1080p resolution for performance
- Processing Options: You can apply watermarks, remove silence, or slice videos into segments
- Storage Locations: Videos are stored in Firebase Cloud Storage with three tiers:
/videos/- Original uploads/downsampled/- Optimized versions (≤1080p)/processed/- Watermarked, sliced, or edited versions
8.2 Processing Limitations
- Maximum video size: 5GB per file
- Maximum video length: 4 hours
- Processing time varies based on video size and system load
- We do not guarantee specific processing times or availability
8.3 Watermarking
- Group logos are applied to video thumbnails and optionally to full videos
- Group logos must be 1:1 aspect ratio (square) and max 1024x1024px
- Watermarked videos remain your property; we do not claim ownership
- Watermarking cannot be removed from processed videos (by design)
8.4 Video Retention
- Original uploaded media retention varies by subscription tier and is disclosed in the app; processed group media remains available while the group is active
- Deleted videos are removed from active systems according to the subscription tier and from recoverable backups within 45 days
- Videos shared with groups remain accessible to group members even after you leave
- We may delete videos to comply with legal requirements or storage limits
9. Group Management
9.1 Creating Groups
- Any user can create a group and become the Group Owner
- Group Owners are responsible for group billing, members, and content
- Groups must comply with these Terms and applicable laws
9.2 Group Content
- Content posted in groups is visible to all group members (based on role permissions)
- Group Owners and Admins can manage group content and settings
- Leaving a group does not delete content you posted (it remains with the group)
9.3 Patronage Agreements
Cymatic may facilitate patronage agreements between groups:
- Cymatic is NOT a party to these agreements
- Patronage terms are solely between the participating parties
- We provide tools but do not enforce, guarantee, or mediate patronage deals
- We disclaim all liability related to patronage agreements
9.4 Group Deletion
- Group Owners can delete groups at any time
- Group deletion enters a 45-day recovery period before permanent removal of group content
- Members are notified before group deletion (where possible)
- After the recovery period ends and permanent deletion completes, deleted groups cannot be recovered
10. AI Services
10.1 AI-Powered Features
Cymatic includes AI-powered features provided through Google Vertex AI (Gemini). All AI processing occurs on Google Cloud infrastructure (server-side) — no AI models run on your device.
- Performance Analysis: Multi-session progression analysis that identifies trends, technique patterns, and improvement opportunities across your creative history. Optionally analyzes session video to correlate visual observations with project data. When you request a Performance Analysis, the following data is automatically assembled and sent to Google Vertex AI (Gemini 2.5 Pro) for processing:
- Project data from your uploaded files (session metrics, performance indicators, and other creative output data)
- Optional session video (MP4) uploaded to Firebase Storage
- Rig template fields and notes associated with the relevant rig and event
- Event notes and descriptions entered by your group
- Rig information (name, type, configuration details)
- Prior session analyses for the same rig/member (to track progression across events)
- Platform-level knowledge (general creative best practices and technique references — not your personal data)
- AI Assistant: Single-session AI-powered analysis that provides structured creative performance feedback. Uses the same data categories as Performance Analysis (excluding video and multi-session progression) and is processed by Google Vertex AI (Gemini 2.5 Flash).
Performance Analysis produces reports containing technique observations, session-by-session progression data, improvement recommendations, and suggested video clip markers. All AI-generated content is presented in dedicated screens with clear AI attribution.
10.2 AI Usage Terms
- AI responses (including analysis and Performance Analysis reports) are for informational purposes only and may be inaccurate. Feedback does not constitute professional instruction.
- AI features process the project data, notes, context, and optional media described above. Those materials may contain personal information that you or other group members include. Share only information you are entitled to submit, and avoid unnecessary personal or sensitive information. See our Privacy Policy for the processing details.
- AI interactions are processed by Google via Vertex AI subject to their privacy policies and data handling practices. Google does not use data submitted through Vertex AI to train its foundation models. See our Privacy Policy for details.
- We are not liable for AI-generated content, errors, or actions taken based on AI recommendations.
10.3 AI Content Usage
- You retain ownership of data you provide to AI features, including project files, video, rig templates, and event data
- We may use AI interactions (anonymized and aggregated) to improve the Service
- AI-generated content (including analysis reports) may not be unique; other users with similar data may receive similar responses
11. Intellectual Property Rights
11.1 Cymatic's IP
The Service, including its software, design, features, functionality, text, graphics, logos, and trademarks, is owned by Grid Logic LLC and protected by copyright, trademark, and other intellectual property laws.
These Terms do NOT grant you any ownership rights to Cymatic's intellectual property.
11.2 Limited License to Use Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for its intended purposes
- Download the mobile applications on devices you own or control
You may NOT:
- License, sell, rent, lease, or transfer your access to the Service
- Copy, modify, reverse engineer, or create derivative works of the Service
- Remove or alter proprietary notices (copyright, trademark notices)
11.3 Trademarks
"Cymatic" and associated logos are trademarks of Grid Logic LLC. You may not use our trademarks without prior written permission.
11.4 DMCA and Copyright Infringement
If you believe content on Cymatic infringes your copyright:
Contact our DMCA agent: Email: support@cymatic.media Subject: "DMCA Takedown Request"
Include:
- Identification of the copyrighted work
- Location of infringing content (URL or description)
- Your contact information
- Statement of good faith belief
- Statement under penalty of perjury that information is accurate
- Physical or electronic signature
We will remove infringing content and may terminate repeat infringers' accounts.
12. Data Security and Encryption
12.1 Local Encryption
Cymatic uses a cache-first, offline-first architecture with AES-256-GCM encryption for locally stored data:
- Chat messages, media files, and user data are encrypted on your device
- Encryption keys are stored in hardware-backed keystores (iOS Keychain, Android Keystore)
- Local data enables offline functionality and improves performance
12.2 Your Responsibilities
- Maintain device security (strong passcode/biometrics, OS updates)
- Do not jailbreak (iOS) or root (Android) your device (weakens encryption)
- Report lost/stolen devices immediately so we can revoke access
The security of locally encrypted data depends on your device security practices.
12.3 Cloud Security
- Data transmitted to Firebase Cloud Storage is encrypted in transit (TLS 1.3)
- Cloud data is encrypted at rest by Firebase/Google Cloud
- We implement security best practices but cannot guarantee absolute security
12.4 Security Incidents
In the event of a data breach:
- We will notify affected users as required by law
- We will take reasonable steps to mitigate harm
- Notifications will be sent via email and in-app alerts
13. Third-Party Services
13.1 Integrated Services
Cymatic integrates with third-party services, including:
- Firebase/Google Cloud: Hosting, storage, authentication, analytics
- Google Vertex AI (Gemini): Performance Analysis and AI Assistant analysis
- Google Drive API: Data source integration for project data ingestion (read-only access)
- Apple App Store / Google Play: In-app subscription billing
- Stripe: Web subscription payment processing
- Sign-in Providers: Google and Apple, where offered
- Facebook / Instagram: Connected accounts for social publishing, where available; not Cymatic sign-in providers
- YouTube Data API: Publishing videos and managing video metadata on connected YouTube channels
13.2 Third-Party Terms
Your use of third-party services is subject to their own terms and privacy policies. We are not responsible for third-party services, their content, or their practices.
13.4 Connected Social Media Accounts
Cymatic allows Group Owners to connect third-party social media accounts (such as YouTube) to enable publishing content on behalf of their group.
By connecting a social media account, the Group Owner:
- Authorizes Cymatic to store encrypted OAuth credentials and use them to publish content on the group's behalf
- Authorizes designated group members with publication access, including Group Admins and Social Media Managers, to initiate publishing actions using the connected account
- Acknowledges that published content is subject to the third-party platform's terms of service, community guidelines, and content policies
- Accepts responsibility for ensuring all published content complies with the third-party platform's policies
Cymatic does not guarantee:
- Successful publication to any third-party platform
- Continued availability of third-party platform APIs or services
- That published content will not be removed, restricted, or flagged by the platform
- That connected accounts will not be suspended or terminated by the platform
The Group Owner may disconnect a social media account at any time, which revokes Cymatic's access and permanently deletes stored credentials. See our Privacy Policy (Section 8) for details on credential storage and deletion.
13.5 Connected Data Sources (Google Drive)
Cymatic allows Group Admins to connect external data sources, such as Google Drive folders, to import project data (media, documents, project files) for use with the AI Assistant and other AI features.
By connecting a data source, the Group Admin:
- Authorizes Cymatic to access the specified folder and its contents in read-only mode
- Acknowledges that imported files are copied to Cymatic's cloud storage and are accessible to group members based on their role permissions
- Accepts responsibility for ensuring they have the right to share the imported data with their group
Cymatic does not modify, delete, or write to connected external data sources. Storage limits apply based on your subscription tier. The Group Admin may disconnect a data source at any time, which stops further file imports. See our Privacy Policy for details on data retention and deletion.
13.6 Third-Party Links
The Service may contain links to external websites or services. We do not control or endorse third-party sites and are not liable for their content or practices.
14. Service Availability and Modifications
14.1 Service Availability
- The Service is provided "as is" and "as available"
- We do not guarantee uninterrupted or error-free service
- Scheduled maintenance may cause temporary outages (we'll provide notice when possible)
- Unexpected outages may occur due to technical issues, security incidents, or third-party failures
14.2 Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue any feature or the entire Service
- Change pricing, plans, or features with 30 days' notice (where required)
- Update software and require installation of updates to continue using the Service
We will have a valid reason for material changes, such as security, legal requirements, technical compatibility, or service improvements. We will give reasonable advance notice of changes that materially disadvantage you, except where urgent action is necessary. Mandatory notice, cancellation, and refund rights remain available. If we discontinue a prepaid service without your fault and cannot provide the service paid for, we will provide or arrange the refund required by law, including for the unused prepaid period where applicable.
14.3 Beta Features
Some features may be labeled as "beta", "experimental", or "preview":
- Beta features are provided without warranties
- Beta features may be unstable, incomplete, or subject to change
- We may discontinue beta features at any time without notice
15. Term and Termination
15.1 Term
These Terms remain in effect while you use the Service or have an active account.
15.2 Termination by You
You may stop using the Service and request account deletion in the app or through our deletion page. Subscription cancellation is a separate step: follow Section 5.3 for your billing provider. Uninstalling the app does not delete your account or stop store billing. Canceling a subscription does not automatically delete your account.
15.3 Termination by Us
We may suspend or terminate your access immediately, without notice, for:
- Violation of these Terms or Acceptable Use Policy
- Fraudulent, illegal, or harmful activity
- Non-payment of fees or chargebacks
- Risk to Service security or stability
- Legal or regulatory requirements
15.4 Effects of Termination
Upon termination:
- Your access to the Service ends immediately
- Subscription cancellation and refunds are handled under Section 5.3; do not assume termination automatically stops store billing
- Your account data is deleted in accordance with our Privacy Policy (after the 45-day recovery period)
- Content you posted in groups may remain accessible to group members
- Backup copies are retained for up to 45 days, then permanently deleted
15.5 Survival
Sections that should reasonably survive termination will remain in effect, including: User Content licenses, disclaimers, limitations of liability, indemnification, and governing law.
16. Disclaimers and Warranties
16.1 Service "As Is"
Subject to your mandatory rights under Sections 1.1 and 20, the Service is provided "as is" and "as available". We remain responsible for meeting applicable statutory standards, including any duty to provide services with reasonable care and skill and to supply conforming digital content and services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Service will be uninterrupted, error-free, secure, or virus-free
- Warranties regarding accuracy, reliability, or completeness of content or results
16.2 No Professional Advice
Cymatic does not provide legal, financial, medical, or professional advice. AI-generated analysis and Service content are for informational purposes only and do not constitute professional instruction. Consult qualified professionals for advice.
16.3 User Content Disclaimer
We do not endorse, support, represent, or guarantee the accuracy, completeness, or reliability of User Content. You rely on User Content at your own risk.
16.4 Video Processing Disclaimer
We do not guarantee:
- Specific processing times or quality
- That watermarks will prevent unauthorized use
- That processed videos will be error-free or meet your expectations
17. Limitation of Liability
17.1 Responsibilities That Are Not Limited
Nothing in these Terms limits or excludes liability for fraud or fraudulent misrepresentation, intentional misconduct, death or personal injury caused by negligence, or any other liability that applicable law does not permit us to limit or exclude. Nothing limits your mandatory consumer remedies, including remedies for damage to your device or digital content where provided by law.
17.2 Consumers
If you use Cymatic as a consumer, we are responsible for loss or damage that applicable law requires us to compensate, including reasonably foreseeable loss caused by our breach or failure to use required care and skill. The business liability cap below does not apply to you. We are not responsible for loss caused solely by your own unlawful conduct or for loss that applicable law allows us to exclude. Sections 1.1 and 20 always apply.
17.3 Business Customers
If you use the Service in the course of a business and are not entitled to the relevant consumer protection, then, subject to Section 17.1 and applicable law, we exclude indirect or consequential business losses, including lost profits and business opportunities. Our aggregate liability for claims arising from the Service is limited to the greater of US$100 or the amounts paid to us for the affected Service in the 12 months preceding the event giving rise to the claim. This clause does not contract out of any consumer guarantee that applies to you, including where legislation also protects a business purchase.
18. Responsibility for Third-Party Claims
18.1 Business Customers
Only if you use Cymatic in the course of a business, and only to the extent permitted by law, you will indemnify Grid Logic LLC for reasonable losses and costs from third-party claims caused by your unlawful use of the Service or content you submit that infringes another person's rights. This does not cover loss caused by our breach, negligence, or misconduct, or impose an indemnity on consumers.
18.2 Handling Claims
We will notify you promptly of a claim, take reasonable steps to limit losses, and allow reasonable participation in its defense. Neither party may agree to a settlement imposing an admission, payment, or other obligation on the other without that party's consent, which must not be unreasonably withheld.
19. Dispute Resolution
19.1 Contact and Informal Resolution
Please contact support@cymatic.media if there is a problem. We will try to resolve it promptly. Contacting us is not a prerequisite to exercising mandatory rights, seeking urgent relief, contacting a regulator, or filing before a limitation period expires.
19.2 United States Arbitration
For US users only, and only to the extent enforceable under applicable law, disputes are subject to binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, rather than trial by jury. The Federal Arbitration Act governs this arbitration provision. The applicable AAA rules govern fees, allocation of costs, and hearing location, subject to mandatory law; this clause does not require a consumer to travel to California or pay costs that applicable rules require us to bear.
Either party may bring an eligible individual claim in small claims court within that court's jurisdictional limits. Claims and remedies that cannot lawfully be subjected to arbitration remain available in court. Nothing prevents complaints to public authorities or access to non-waivable public injunctive relief.
19.3 Individual Proceedings
Only for US disputes validly subject to Section 19.2, and only where lawful, arbitration will proceed on an individual basis rather than as a class arbitration. This restriction does not apply to consumers outside the US, does not waive non-waivable representative or public remedies, and does not restrict any proceeding where such a restriction is prohibited. If an individual-proceedings restriction is unenforceable for a claim, that claim may proceed in a court with jurisdiction.
19.4 Users Outside the United States
These Terms do not require users outside the United States to arbitrate disputes or waive class, collective, or representative proceedings. Applicable law determines the remedies and proceedings available to you. See Section 20 for governing law and court access.
20. Governing Law and Regional Consumer Protections
20.1 Governing Law and Courts
California law governs these Terms except where mandatory law provides otherwise. If you are a consumer, this choice does not deprive you of the mandatory protections of the law of your habitual residence. You may bring proceedings in your local courts wherever applicable law allows, and we will bring proceedings against you only in courts permitted by that law. You do not waive mandatory jurisdiction or venue rights. For business disputes not subject to arbitration or mandatory jurisdiction rules, the courts in Contra Costa County, California have jurisdiction.
20.2 Ireland and the United Kingdom
For consumers in Ireland, the Consumer Rights Act 2022 and other applicable laws protect the supply of digital content and services, including conformity, necessary updates, and remedies such as bringing the service into conformity, price reduction, or termination and refund where applicable. For UK consumers, the Consumer Rights Act 2015 and other applicable laws protect digital content and services, including reasonable care and skill and statutory remedies. Applicable distance-selling information and withdrawal rights are preserved in both jurisdictions. No disclaimer or refund restriction in these Terms removes those rights.
20.3 Canada, Including Québec
Applicable federal and provincial consumer protection laws prevail over conflicting provisions of these Terms. You retain non-waivable legal warranties, cancellation and refund rights, and access to courts and collective proceedings. In particular, these Terms do not impose mandatory arbitration or a class-action waiver on Québec consumers.
Where Québec law requires a French contract or related documents, you are entitled to receive them in French before choosing expressly to contract in another language. An English-language interface, use of the Service, or this clause does not constitute that express choice or waive French-language rights. Mandatory language requirements prevail over Section 21.9.
20.4 Australia
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Depending on the circumstances, you may be entitled to have a failure remedied, cancel the service, receive a refund for an unused portion, or obtain compensation for reasonably foreseeable loss or damage. Nothing in these Terms excludes those guarantees or remedies, including where they apply to a purchase made for business purposes.
20.5 New Zealand
Nothing in these Terms excludes or restricts rights or remedies under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those laws apply, including guarantees concerning reasonable care and skill and applicable remedies for failure. These Terms do not constitute an agreement to contract out of those protections for business transactions.
20.6 International Use
Our Privacy Policy explains processing and transfers of personal information; accepting these Terms is not a blanket waiver of data-protection rights or a substitute for a legally required transfer mechanism. You must comply with applicable laws when using the Service, including export-control laws. We remain responsible for our own legal obligations.
21. General Provisions
21.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms presented at signup (e.g., subscription terms), constitute the entire agreement between you and Cymatic regarding the Service.
21.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
21.3 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.
21.4 Assignment
You may not assign or transfer these Terms or your account without our written consent. We may transfer these Terms as part of a business reorganization or acquisition only if doing so does not reduce your rights. We will give any notice and obtain any consent required by law.
21.5 Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.
21.6 Electronic Communications
By using the Service, you consent to receive electronic communications from us (email, in-app notifications, SMS). These communications may include notices, agreements, and disclosures. Electronic communications satisfy legal written communication requirements.
21.7 Export Control
The Service and underlying technology may be subject to U.S. export control laws. You agree not to export, re-export, or transfer the Service in violation of applicable laws.
21.8 No Third-Party Beneficiaries
Except for rights under the Apple standard license described in Section 1.2 and rights required by law, these service Terms do not create third-party beneficiary rights.
21.9 Language
These Terms are provided in English. Any mandatory right to receive, enter into, or enforce a contract in another language prevails. No translation is treated as subordinate where applicable law provides otherwise. Section 20.3 addresses Québec.
22. Changes to These Terms
22.1 Modification Rights
We may update these Terms for valid reasons, including changes to the Service, legal requirements, security needs, or correction of inaccurate information. Changes are prospective and do not retrospectively remove accrued rights.
22.2 Notice of Changes
For material changes, we will provide notice by:
- Posting the updated Terms on our website and in the mobile apps
- Updating the "Last Updated" date at the top of this document
- Sending email notifications to registered users (for significant changes)
- Displaying in-app notifications
22.3 Acceptance of Changes
Where permitted by law, continued use after properly notified changes take effect may constitute acceptance. Where express consent is required, we will obtain it; silence or continued use does not replace that consent. If you do not agree, you may stop using the Service, cancel renewal, and request deletion, without losing any accrued claim or mandatory refund right.
22.4 Material Changes
For material changes that reduce your rights or increase your obligations, we will provide at least 30 days' advance notice, or a longer period where required by law, together with any required consent process. Merely posting a new version does not establish that an existing user received notice or accepted it. Changes required urgently by law or security will take effect only as permitted by applicable law.
23. Contact Information
For questions, concerns, or notices regarding these Terms:
Grid Logic LLC — Cymatic Contra Costa County, California Email: support@cymatic.media Phone: 925-477-0497 Website: https://cymatic.media
For legal notices: Email support@cymatic.media with subject line "Legal Notice - Terms of Service"
For DMCA takedown requests: See Section 11.4
For privacy-related inquiries: See our Privacy Policy
For account deletion: https://cymatic.media/deletion
24. Acknowledgment
BY CREATING AN ACCOUNT OR USING CYMATIC, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms and our Privacy Policy
- You meet the eligibility requirements (age, legal capacity)
- You will comply with all applicable laws and regulations
- You understand the risks associated with using cloud-based services
- You accept the limitations of liability and disclaimers outlined herein
If you do not agree to these Terms, do not create an account or use the Service.
END OF TERMS OF SERVICE