Syndesy Terms of Service

 

Effective Date: These Terms of Service were last updated and are effective as of January 25, 2020.

Syndesy (“Company,” “we,” or “us”) is an information technology based mobile application, that provides users the ability to communicate electronically, maintain a journal of contacts, and to educate (“Services”).
Please read these Terms of Service carefully before using the mobile application and the Services. These Terms of Service set forth the legally binding terms and conditions for your use of the Services, including grants of rights, limitations on our liability, and for certain users, an agreement to arbitrate disputes. By using the Services, you signify consent to these Terms of Service and acknowledgement of our Privacy Policy, which is incorporated herein by reference. If you do not agree to the Terms of Service or to our Privacy Policy do not use the Services.

1.         Acceptance of Terms of Service

  1. These Terms of Service are an electronic agreement (“Agreement”) that establish the legally binding terms you must accept to use the Services. This Agreement includes the Company’s terms disclosed and agreed to by you by your use of the Services.
  2. By accessing or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. In order to withdraw consent, you must cease using the Services and terminate your account. Your agreement to the Terms of Service prior to your withdrawal will remain in effect. You are bound by any revisions to this Agreement and should periodically visit this page for updates to this Agreement.

2.         Eligibility

The Services are intended for use only by users thirteen (13) years of age and older, and are not directed to users under the age of thirteen (13).  Any use of the Services is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.  Using the Services may be prohibited or restricted in certain countries. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services.

3.         Creating an Account

In order to use the Services, you must provide the information that is requested during the registration process, such as your mobile number, email, name, and additional information sought. For more information regarding the information we collect from you, how we use it, how we share it, or disclose it, please read our Privacy Policy.

4.         Term and Termination

This Agreement will remain in full force and effect while you use the Services or as long as you have a Syndesy account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason including by you, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

5.         Non-commercial Use by Users

The Services are for personal use only. Users may not use the Services or any content contained in the Services (including, but not limited to, content of other users, images, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose unless specifically authorized to do so by Syndesy. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collecting mobile numbers, usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.

6.         Account Security

You are responsible for maintaining the confidentiality of the username and password designated during the registration process, and you are solely responsible for all activities that occur under the account that you create to use the Services. In addition, you are responsible for maintaining the confidentiality of the PIN and the Emergency Code. You agree to immediately notify the Company of any disclosure or unauthorized use of your information, including your mobile number, email address, password, or other personal information, or any other breach of security by notifying security@syndesy.io.

7.         Your Interactions with Others

  • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SYNDESY MOBILE APPLICATION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER USERS OF THE SYNDESY MOBILE APPLICATION.
  • Company is not responsible for the conduct of any user. As noted in and without limiting the disclaimers, limitations of liability, or indemnity provisions herein, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet in conjunction with or through the use of the Services.

8.         Proprietary Rights

The Company owns and retains all proprietary rights in the Syndesy Mobile Application and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Syndesy Mobile Application and the Services contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Syndesy Mobile Application or the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

9.         Modifications to Services

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Syndesy Mobile Application or the Services (or any part thereof) with or without notice. Any new features that augment or enhance the Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, the Company reserves the right at any time in its sole discretion to delete, suspend, or block users from accessing the Services.

10.       Disclaimers

You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate profile information (including, but not limited to photo or name) posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services; or (vi) any delays or failure in performance of any part of the Services, from any cause beyond our control, including, but not limited to, acts of God, changes to law or regulations, and acts of hackers or third-party ISPs.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.

From time to time, the Company may make third party information or content available through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.  

THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, LINKED TO FROM THIS SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

The Emergency button in this app is intended to be used only for legitimate emergencies. It is not to be used for pranks, jokes, or false alarms.

11.       Links

The Services may contain, and the Services or third parties may provide links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with third parties found in or through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, or services or other materials available on or through any such website or resource.

12.       Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13.       Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. You must first attempt to resolve the dispute with a duly authorized representative of the Company before seeking resolution through the arbitration or small-claims process. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Details about arbitration procedures can be found at https://www.adr.org/

14.       Indemnity by You.

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Services, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 15.       Notice

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, including by mobile text or email. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

16.       Entire Agreement

This Agreement, along with the Privacy Policy, contains the entire agreement between you and the Company regarding the use of the Services, and with respect to the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement does not create any third party beneficiary rights. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall NOT constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your account or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

17.       Amendment

This Agreement is subject to change by the Company at any time. Syndesy may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should periodically visit the page for updates to this Agreement.

18.       Contact Us 

If you have any questions concerning the Services or this Agreement, please contact Syndesy by emailing us at terms@syndesy.io.

Syndesy LLC
556 S Fair Oaks STE 101-212
Pasadena, CA 91105