SyncUp Communications, Inc. Terms and Conditions
SyncUp’s Terms and Conditions is made between you (the end user of SyncUp Communications, Inc. website and applications as described herein) and SyncUp Communications, Inc. (hereinafter also referred to “we”, “our” or “us”). This agreement explains your rights and obligations when using the SyncUp Website and our web and mobile applications.
Hereinafter the collective use our web site, our web application and our mobile applications are collectively referred to as our “Services”.
By using our Services you acknowledge and consent to this agreement.
1. Overview of our Services
SyncUp Communications, Inc. provides a web application and mobile applications to talk, chat, present and share files with one or more people who have an email. In the future we may offer additional services which will also be subject to this agreement.
a. Subject to the terms and conditions of this agreement, SyncUp Communications, Inc. grants you a personal, worldwide, royalty free, revocable, non-assignable, and non-exclusive license to use our Services in the manner permitted by this agreement.
b. Our Services are licensed and not sold. Your use of our Services must be in accordance with the terms and conditions of this agreement.
3. Proprietary Rights
a. You acknowledge and agree that SyncUp Communications, Inc. owns all legal right, title and interest in and to our Services, including any intellectual property rights therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
b. Any feedback, comments, or suggestions you may provide regarding our Services is entirely voluntary. You hereby assign to SyncUp Communications, Inc. all rights in the feedback and agree that we are free to use such feedback, comments or suggestions as we see fit, including but not limited to incorporation into our Services, and without any obligation to you.
c. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained in our Services
You agree to indemnify and hold harmless SyncUp Communications, Inc. including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents (collectively “SyncUp Parties”), from and against all losses, claims, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from (a) your use of our Services, (b) your violation of this agreement, or (c) your violation of applicable laws and regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a SyncUp Party and you agree to cooperate with the defense of these claims. You agree to not settle any matter without the prior written consent of SyncUp Communications, Inc. We will use reasonable efforts to notify you of any such claim, action or proceeding for which we desire to exercise our indemnification rights within a reasonable time.
5. Disclaimer of Warranties
a. You expressly understand and agree that your use of our Services (whether in whole or in part) is at your sole risk, and our Services are provided on an “As Is” and “As Available” basis. To the maximum extent permitted under applicable law, SyncUp Communications, Inc. and all SyncUp Parties expressly disclaim all warranties of any kind, whether express, implied or statutory, relating to our Services or this Agreement.
b. Without limiting the generality of the forgoing, neither SyncUp Communications, Inc. nor any SyncUp Parties make any warranty that (i) Our Services will be provided in a manner that is uninterrupted, timely, secure or error free, (ii) Our Services will be free of defects, viruses or other harmful components or (iii) The Software and Services will meet your requirements.
c. Without limiting the forgoing, SyncUp Communications, Inc. shall have no obligation to you if your content including chat and files fail to be transmitted when using our Services. In no event will we be liable for any claim of any nature, whether direct or indirect, arising from or related to (i) The deletion or corruption of, or failure to transmit or store, any content transmitted by or through your use of our Services, or (ii) any liability, loss or damage incurred as a result of such content. You use our Services at your own risk and you will be solely responsible for any losses or damages to your content or to your own computer system or mobile device.
d. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation of Liability
To the maximum of extent permitted by law, neither SyncUp Communications, Inc. nor any SyncUp Parties will have any obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability or otherwise) for any incidental, indirect, exemplary, special or consequential damages or liabilities, or any damages for loss of data, revenue or profit, arising out of or related to your use of our Services or this Agreement, even if we have been advised or should have known of the possibility of such damages.
7. Updates to our Services
If you have a SyncUp Communications, Inc. mobile application installed it may download and install updates automatically from time to time. These updates are meant to improve the product and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of our Software.
8. Modification to our Services
SyncUp Communications, Inc. may engage in continuous efforts to improve our Services. We reserve the right to modify, suspend or discontinue our Services at any time. Unless otherwise expressly stated any future release, update or addition to the functionality of our Services shall be subject to the terms of this Agreement.
9. Links to Third Party Websites and Services
Our website and our web and mobile applications may provide links to third party websites and services which are outside our control and not covered by this Agreement. We recommend that you review the terms and conditions and privacy policies on all websites that you visit and services that you use.
10. Termination of This Agreement
This agreement will continue in effect until terminated by either you or SyncUp Communications, Inc.
a. You may in your sole discretion, terminate this Agreement at any time by notifying us by email at email@example.com and discontinuing any further use of SyncUp Software and Services.
b. SyncUp may, at its sole discretion, suspend your rights to use our Services or terminate this Agreement (including terminating your Account, if applicable) without notice if (i) you breach this Agreement, (ii) we are required to by law, (iii) you engage in conduct that is considered to be harmful to other users of our Services or the business of SyncUp, or (iv) we have elected to discontinue our Services. We will not be liable to you or any third-party for the termination of this Agreement or termination, suspension or limitation of your access to our Services.
c. Termination of this Agreement, your use of our Services and your Account may include any or all of the following: (i) removal of access to all or part of our Services, (ii) deletion of all your account related information, files and content associated with your account, and (iii) barring your further use of all or part of our Services.
a. This Agreement constitutes the entire agreement between you and SyncUp Communications, Inc. regarding your use of our Services and supersedes all prior and contemporaneous written or oral agreements between you and SyncUp Communications, Inc. However you may also be subject to additional terms and conditions that apply when you purchase SyncUp Services, which we will provide to you at the time of purchase.
b. You agree that SyncUp Communications, Inc. may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on our Services.
c. The failure of SyncUp Communications, Inc. to exercise or enforce any legal right or remedy which is contained in this Agreement (or to which SyncUp Communications, Inc. has the benefit under any applicable law) will not constitute a waiver of such right or remedy. If any provision in this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances will remain in full force and effect.
d. The Software and Services are controlled and operated by SyncUp Communications, Inc. from the United States, and are not intended to subject SyncUp Communications, Inc. to the laws or jurisdiction of any state, country or territory other than that of the United States. SyncUp Communications, Inc. does not represent or warrant that the Software and Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access and use the Software and Services of SyncUp Communications, Inc. do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. SyncUp Communications, Inc. may limit the availability of our Software and Services, in whole or in part, to any person, geographic area or jurisdiction selected by SyncUp Communications, Inc., at any time and in our sole discretion.
e. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
f. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SyncUp Communication, Inc.’s private consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the forgoing will be null or void. The terms of this agreement shall be binding upon assignees.
12. Additional Terms and Services
a. Authentication Obligations
In order to access and use certain parts of our Services on a particular device that you own, you must authenticate yourself on that device. You agree that any Personal Information that you give such as identification or contact details will always be accurate, correct, complete, and up to date and you agree to maintain the accuracy of such information.
i. Certain features offered by SyncUp Communications, Inc. may be available at additional cost. Should you opt in to access such features, we reserve the right to modify the fees and charges and to introduce new charges at any time. You may cancel a service at any time by following the directions on the applicable service or emailing us at firstname.lastname@example.org.
ii. SyncUp Communications, Inc. may utilize a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card or payment account information for another valid payment method accepted by the Payment Provider. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number or other payment account and associated payment information to SyncUp Communications, Inc., you hereby authorize us through our Payment Provider to bill your credit card or payment account based on the payment plan you chose. If timely payment is not received or cannot be charged to your credit card or payment account, SyncUp Communications, Inc. reserves the right to suspend or terminate your access to the applicable service. You agree that SyncUp Communications, Inc. may charge such unpaid fees to your credit card or payment account or otherwise bill you for such unpaid fees.
13. Your Use of the Services
a. Our Services are intended solely for use by individuals who are thirteen (13) years of age or older. Any registration, use or access to our Services by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. If you are thirteen (13) years of age or older but under eighteen (18) years of age, you may use our Services only if you either are an emancipated minor or have the consent of your parent or legal guardian , and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.
b. You agree to use our Services only for the purposes that are permitted by (i) this Agreement and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data to and from the United States or other relevant countries).
c. SyncUp Communications, Inc. makes its Services available to you only for your personal use.
d. In connection with accessing or use of our Services, you agree to not:
i. Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services).
ii. Introduce a virus, worm, Trojan horse, time bomb or any other harmful software code, data or similar file that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, personal information or property of another.
iii. Attempt to gain unauthorized access to other accounts, computer systems or networks connected to any SyncUp Communications, Inc. server through hacking or any other means.
iv. Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.
v. Defraud, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others.
vi. Utilize the Software or Services in connection with any activity which would constitute, assist or encourage a violation of any applicable law, regulation or ordinance.
vii. Falsify or delete any copyright information (for example, author attributions, legal or other proper notices or proprietary designations) or labels of the origin or source of content that is transmitted using SyncUp Communications, Inc. applications.
viii. Transmit files that contain that contain images, photographs, or any other material protected by intellectual property laws including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all the necessary consent to do the same.
ix. You agree that you are solely responsible for (and that SyncUp Communications, Inc. has no responsibility to you or any other third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which SyncUp Communications, Inc. must suffer) of any such breach.
14. Responsibility and Use of Content
a. You agree that you are solely responsible for (and that SyncUp Communications, Inc. has no responsibility to you or any third party for) any Content that you transmit while using the Services and for the consequences of your actions (including any loss or damage which SyncUp Communications, Inc. may suffer) by doing so.
b. You represent and warrant that you are the owner, licensor or authorized user of all Content and you have all necessary rights, power and authority in and to transmit content using our Services.
15. Suspension of Services
If SyncUp Communications, Inc. becomes aware of any possible violations by you of the terms of this Agreement, we reserve the right to investigate such violations and we may at our sole discretion terminate or suspend your use of our Services without prior notice to you. If SyncUp Communications, Inc. believes criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. SyncUp Communications, Inc. is entitled, except to the extent prohibited by law, to disclose any information about you in our possession in connection with your use of our Services to law enforcement or other government officials, as we in our sole discretion believes to be necessary and appropriate.
17. Notices of Copyright Infringement
If you believe that any Content on any SyncUp Website or Service infringes your copyrights of a person on whose behalf you are authorized to act, please provide us at email@example.com with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of copyright interest.
b. A description of the copyrighted work that you claim has been infringed.
c. A description of where the material that you claim is infringing is located (URL or other locations description).
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.