Terms of Service

The following terms of service constitute a binding legal agreement (the “Agreement”) between You and SyncApp, Inc. (hereinafter referred to as “Syncapp” / “we”/ “us” / “our”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the Syncapp Messenger (the “Application”) and other related services such as “Sticky”, Channels, etc. (collectively “Services”) will be licensed to You by Syncapp.
  • If you are a user located in the United States or Canada, our terms contain a binding arbitration provision, which states that, except if you opt out and except for certain types of disputes, Syncapp and you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. Please read the “special arbitration provision for United States or Canada users” section below to learn more.
  • By accessing, downloading, installing the Application, and using the Services, You represent to SyncApp that You are competent to enter into a contract (i.e. You are 18 years of age, have a sound mind and are not disqualified from entering into a contract under the applicable law. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable) and You have read this Agreement, understand it and agree to be bound by its Terms.
  • The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.

About Our Services

  • The Services are currently made available to You by Syncapp free of any charge. The Application is a messaging service that allows users to send messages, share files, including but not limited to photos, videos, songs, etc. over the internet and/or SMS. Syncapp reserves the right to suspend or withdraw this Application, at any time, without notice. More information about the Application is available on Syncapp’s website www.syncapp.chat (“Site”).
  • You acknowledge and agree that you will have to provide Syncapp Your mobile phone number. You expressly acknowledge, agree and understand that in order to provide Services, Syncapp, may from time to time, access Your contact list and/or address book on Your mobile device to collect, use Your contact list or address book in accordance with the Privacy Policy. Further, you permit information contained in Your contact list and/or address book to be shared with other users of the Service. By permitting us to collect information regarding Your contacts in Your address book, you hereby agree to provide Syncapp a right to use such information for providing Services and also warrant that you have all requisite rights in your favour to share this information with Syncapp. By using the Services, you have given us permission to contact you via SMS and/or other communication mediums.
  • Similarly, when You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with. When You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with or as saved in the recipient’s mobile address book.
  • You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Acceptable use of our Services

  • Please ensure that You do not spam any subscriber. In the event You spam any subscriber, You will be liable under applicable laws. Syncapp hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from your sending messages/invites to other subscribers, including but not limited to, any action or claim regarding spamming.
  • You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of SyncApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
  • You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
  • You agree to notify Syncapp immediately of any breach of security or unauthorized use of Your mobile phone. Syncapp shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of Syncapp or others due to any such unauthorized use.

Application Stores

The Application can also be downloaded from third party application stores including Google Play, Apple App Store etc. You agree to comply with all third party terms and conditions & privacy policy, if any, applicable to the use of the Application or related services. Syncapp shall not be responsible for violation and infringement of any third party right, terms and conditions in connection with access, download or installation of the Application by You.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that might be integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Syncapp contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

License

  • SyncApp does not claim ownership of the information that you submit for your SyncApp account or through our Services. You must have the necessary rights to such information that you submit for your SyncApp account or through our Services and the right to grant the rights and licenses in our Terms.
  • We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance the terms and condition. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.
  • In order to operate and provide our Services, you grant SyncApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers as we try to deliver them, and otherwise as described in our Privacy Policy).
  • Subject to the Terms and compliance of the Terms hereof SyncApp shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and © You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).
  • We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Privacy policy and user data

This Agreement is deemed to incorporate the Privacy Policy posted on the Site and accessible/embedded in the Application. Syncapp is very particular about about your privacy. SyncApp’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Conduct

  • You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the Site will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application or the Site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any contractual obligations (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application and/ or the Site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; publishes falsehoods or misrepresentations that could damage Syncapp or any third party; (d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner; (e) harms minors in any way; (f) violates any law for the time being in force (g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) amounts to unsolicited advertising and messages, promotional materials, junk mail, spam etc; (i) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (j) send or store material or files containing software viruses, worms, or other harmful computer code, files, scripts or programs; (k) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (l) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (m) interferes with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (n) probes for means of gaining unauthorized access to computers or networks, (o) restricts or inhibit any other person from using this Application and or Site; (p) threatens the unity, integrity, defence, security or sovereignty of country you are in, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity.
  • Syncapp provides certain in app stickers to its users. The use of such stickers is purely discretionary and is presently free of cost. You hereby acknowledge and agree that (i) You are solely responsible for the stickers used by You; (ii) Syncapp does not and cannot review the usage of stickers by individual users and that Syncapp is under no duty to monitor the usage of the stickers by its users. Syncapp, hereby excludes, to the fullest extent permitted by law, any and all liability which may arise due to the usage of stickers by You, including but not limited to any claims relating to publication/sending of defamatory, pornographic, obscene or offensive material.
  • By using the App, you irrevocably waive the right to assert any claim with respect to any of the foregoing, and any other claim related to your use of the Application, against Syncapp or any of its affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Contents

  • (a) You shall be solely responsible for all contents that You upload, transmit, share or display through the Application or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time. Syncapp does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in the “Contents” Clause above. You further agree that Content you transmit over the Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Syncapp all of the license rights granted herein.
  • You understand and agree that Syncapp may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of Syncapp violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to Syncapp, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. Syncapp does not assert any ownership over the Contents and subject to the rights granted to SyncApp in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents.
  • Upon termination of the Application (i.e. deletion of the Syncapp account) from Your mobile device, Syncapp shall delete all Your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Law. Syncapp reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages, status updates, Profile picture updates, files sent by you) stored by Your contacts/Friends locally on their device or Syncapp servers may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of SyncApp who have you in their list of contacts (i.e. the content included in the image uploaded by You and the associated time stamp) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts. The submission of your ‘last seen’ time is done on an automatic basis.

Modifications to the Application

Syncapp reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that Syncapp shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.

Ownership

You acknowledge and agree that the Application, the Site, the Services and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Syncapp and its licensors, as applicable. All content related to SyncApp corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Syncapp or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the Syncapp and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of Syncapp or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All SyncApp graphics, logos and service names are trademarks of the Syncapp or its affiliates. Syncapp’s trademarks may not be used in connection with any product or service that is not SyncApp’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Syncapp. Syncapp’s trademarks may not be used in connection with any product or service except as authorised by Syncapp in writing. The logos and trademarks of third parties provided in the invite section belong to respective brands. SyncApp has no connection whatsoever with Linkedin, Facebook and Twitter, respectively.

Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SYNCAPP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL SYNCAPP, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND ANY OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY ARISING FROM OR RELATED TO THE USE OF APPLICATION, OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME, ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS USED IN CONNECTION WITH THE APPLICATION EVEN IF SYNCAPP OR ANY OR ALL OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE SYNCAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SYNCAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN LAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SYNCAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the SyncApp Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Amendments to this Agreement

We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Application upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.

Availability & Termination of our Services

  • Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Syncapp shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond SyncApp’s reasonable control.
  • This Agreement commences on the date You accept the Terms of this Agreement. SyncApp may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, Syncapp shall have no liability to You and no further obligations under this Agreement.
  • Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services;
  • Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site.
  • All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

Entire Agreement

You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement read with the terms of the Privacy Policy is the complete and exclusive statement of the Agreement between Syncapp and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Syncapp and You relating to the subject matter of this Agreement.

Severability

If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.

Assignment

This Agreement may be assigned by Syncapp to its successors and assigns including if there is any re-organization of Syncapp.

Special arbitration provision for United States or Canada users

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding SyncApp and our Services, and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
  • Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
  • Any amendment to or waiver of our Terms requires our express consent.
  • We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
  • We always appreciate your feedback or other suggestions about SyncApp and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Other

Please read this section carefully because it contains additional provisions applicable only to our united states and canada users. If you are a Syncapp user located in the united states or canada, it requires you to submit to binding individual arbitration of all disputes, except for those that involve intellectual property disputes and except those that can be brought in small claims court. This means you are waiving your right to have such disputes resolved in court by a judge or jury. This section also limits the time you have to start an arbitration or, if permissible, a court action. Finally, this section waives your right to have your dispute heard and resolved as a class action, class arbitration, or a representative action.
  • “Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
  • Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between SyncApp and you is subject to arbitration.
  • Agreement to Arbitrate for SyncApp Users Located in the United States or Canada. For SyncApp users located in the United States or Canada, SyncApp and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. SyncApp and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. SyncApp and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
  • The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
  • Time Limit to Start Arbitration.We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
  • No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a SyncApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
  • Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.