Last Updated: 13th November, 2024
These Terms of Service (the “Terms”) govern your access to and use of the Syndie Services and the Software (collectively referred to as the “Services”). We advise you to read these Terms carefully prior to utilizing the Services.
By accessing or using the Services, you acknowledge your acceptance of these Terms. If you are using the Services on behalf of an organization, you affirm that you possess the authority to bind that organization to these Terms, in which case “you” and “your” shall refer to the organization. Both Syndie (Upturn Consultancy LLC) and you shall be referred to as a “Party” to these Terms.
You are permitted to use the Services solely in accordance with these Terms and only if you possess the legal capacity to enter into a binding agreement with Syndie.
Syndie reserves the right to amend these Terms at any time. Updates will be posted on the Platform, and your continued access to or use of the Services following such modifications constitutes your acceptance of the revised Terms.
1. USE OF SYNDIE – USER COMMITMENTS
To ensure the proper functioning of the Services, and in exchange for access to such services, you agree to the following commitments when accessing and using our Platform:
- Eligibility: You must be a natural person; the use of the Platform by automated systems or “bots” is prohibited.
- Acceptance of Terms: You agree to these Terms and the Privacy Policy either as an individual or on behalf of your organization, if you are using the Platform as a single entity.
- Account Security: If you share your login credentials or access codes with a third party, whether intentionally or unintentionally, you will be fully responsible for any actions taken by that third party on your behalf. Syndie disclaims any liability for such actions, which will be deemed as actions taken by you. Your use of the Platform is at your own risk. The Platform is provided on an “as is” and “as available” basis, and we shall not be liable for any failure to deliver or transmit information from your account, which remains your sole responsibility. Additionally, Syndie interacts with various social networks to access your account; we cannot be held responsible for any limitations or blocks imposed by these networks.
- Permanent Decisions: Any decisions made via the Platform are final. Once you choose to delete your content or transfer it to a Storage Service, we cannot recover your content or transfer it back to your original account. Therefore, we encourage you to carefully evaluate all requests made through the Platform. Syndie shall not be held responsible for any regret regarding such decisions.
- User Contributions: Should you provide any questions, comments, suggestions, enhancements, ideas, or other information regarding the Platform, you grant us the right to use and disclose such information without restriction, free of charge.
- Fair Use: You must use the Platform fairly and in compliance with these Terms, as well as applicable laws and regulations, including those related to intellectual property. The Platform may contain elements, materials, and content protected by copyright, patent, or other intellectual property laws.
- Ownership: The Platform, including all trademarks, designs, models, images, texts, photos, logos, graphic elements, software, programs, databases, sounds, videos, domain names, and any other components of the application, with the exception of your account information, are the exclusive property of Syndie and are protected by applicable intellectual property laws.
- Liability Disclaimer: Syndie cannot be held liable solely for your use of the Services.
- Compliance: You must not use the Platform in violation of these Terms, applicable laws, or third-party rights. Violation of these commitments may result in the suspension of your access to the Platform and the termination of your account. Additionally, we reserve the right to report any necessary information to the appropriate authorities for the enforcement of laws.
2. ACCEPTABLE USE
You shall not:
(a) Provide system passwords or other login information to any unauthorized third party;
(b) Share nonpublic system features or content with any third party;
(c) Access the system for the purpose of developing a competitive product or service, or to create a product utilizing similar ideas, features, functions, or graphics of the system, or to replicate any concepts;
(d) Engage in web scraping or data scraping related to the system, including, but not limited to, the collection of information through any software that simulates human activity, or through any bot or web crawler.
In the event that Syndie suspects you have violated the requirements set forth in this section, we reserve the right to suspend your access to the system without prior notice, in addition to any other remedies that may be available to us.
Syndie is not obligated to take action against you, any other user of the system, or any third party for violations of this Agreement; however, we retain the discretion to take any actions we deem appropriate.
3. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by Syndie. Syndie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Syndie 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 on, any such content, goods, or services available on or through any such websites or services.
We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit.
4. SUBSCRIPTIONS
Certain components of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are established on either a monthly or annual basis, depending on the type of subscription plan you select at the time of purchase.
At the conclusion of each Billing Cycle, your Subscription will automatically renew under the same terms and conditions, unless you cancel it or Syndie cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Syndie’s customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription, which is managed via Stripe, a third-party payment provider. You are required to provide Syndie with accurate and complete billing information, including your full name, address, state, zip code, and valid payment method details. By submitting this payment information, you authorize Syndie to charge all Subscription fees incurred through your account to the designated payment instruments.
5. REFUNDS
Mini Plan:
Except when required by law, paid Subscription fees are non-refundable.
Professional Plan:
Customers who purchase the Professional Plan are eligible for a 30-day money-back guarantee. To be eligible for a refund, the customer must request a refund within 30 days of the initial purchase date. Please note that a 9% administrative fee will be deducted from the total refund amount.
6. CODE OF CONDUCT
The User acknowledges and agrees that:
1. the User is responsible for his or her published content’s compliance with the requirements of the current law of the (1) UAE (2) the hosting country of the site, and (3) the country(-ies) where the potential end users or recipients of the emails may reside. The User is also responsible for third parties if the User’s publication of any content violates the right and legitimate interests of third parties, including the personal copyright intangible and tangible rights and other intellectual rights of third parties, and/or encroaches on their property;
2. the Syndie is not required to review any type of content that is published and/or distributed through the Service;
3. Syndie has the right (but not the obligation) to deny, at its discretion, the User’s ability to post and/or distribute the content made available through the Service;
4. he or she must solely evaluate all risks associated with the use of content, including an evaluation of the reliability, completeness, or usefulness of this content;
5. the technology responsible for the Service’s operation may require copying (reproducing) User content, and/or require the Syndie to reformulate such content to meet the technical requirements of an Internet resource and/or its functions; such use of content shall not be considered a violation of intellectual property rights;
6. he or she is solely liable to third parties for his or her actions related to the use of the Service, including when such actions result in a violation of the rights and legitimate interests of third parties, as well as for compliance with current law when using the Service;
7. it is prohibited to publish and/or distribute content that:
a) is illegal, malicious, and/or slanderous;
b) constitute unsolicited commercial email or unsolicited bulk or spam email;
c) offends morality or exploits influence resulting from fear or superstition;
d) exploits the trust of a party and his or her lack of experience or knowledge;
e) demonstrates (or promotes) violence and cruelty, criminal and/or terrorist actions,
f) disfigured bodies, injuries, death, diseases, inaesthetic and disgusting images;
g) violates intellectual property rights;
h) promotes hatred and/or discrimination against people by race, ethnic, sexual orientation, religious, social views and beliefs, eye color, age, property status, national or social origin, etc.;
i) contains insults to any person or organization, denigrates, denounces or derides another person, his or her activity, name (company), goods or services, trademarks;
j) uses the name, surname, company name, or another identification mark (including trademark) of another entrepreneur without the consent of such entrepreneur;
k) contains elements (or promotes) pornography, child erotica, adult content in content for family viewing, or advertises marriage services;
l) may lead to the exploitation or poses a threat to minors;
m) advertises high-risk investments or impossible ‘get-rich-quick’ schemes;
n) promotes illegal activities;
o) explains the procedure for manufacturing, consuming, or otherwise using narcotic substances or their analogs, as well as explosives or other weapons;
p) advertises prescription or digital narcotic drugs, online pharmacies;
q) contains malware, phishing, or spam;
r) misleads or contains inaccurate or deceptive information, false promises or fraud;
s) offers products or services that predict the future;
t) contains opinions and positions (endorsements) of celebrities without their consent, and/or depicts, uses, or otherwise mentions any individual (as a private person or as an official) or his or her property without the consent of such individual;
u) contains obscenities (including “F-words”) and/or hate speech;
v) advertises counterfeit goods or hazardous goods and services (which may be harmful to health and/or cause content or other damage);
w) creates a fake sense of urgency in the text or image that calls the visitor to action;
x) contains fake consumer reviews and/or their imitation
y) misleads the end users (for example, who claim or promise that the visitor to the website has become or will become the winner of a campaign, drawing, etc.), imitates the interface of any applications, system notifications, software, etc. (including buttons, such as, “close”, “download”), which may mislead the end user;
z) advertises sites that force a visitor to fraudulently pay for any services and/or Internet resources that pursue the goal of receiving prepaid SMS messages from visitors (MT subscriptions), as well as websites that contain malicious software or whose purpose is to deceive visitors (for example, offer file downloads, browser updates, pseudo-antivirus programs, “prizes” from known Internet resources and other fake websites).
8. Company may reconsider abovementioned prohibitions on a case-by-case basis subject to User’s request and only if there are no express prohibitions by a competent government agency and all legally established conditions are met;
9. Syndie reserves the right to deny, at its discretion, the User to publish and/or distribute the content and/or delete such content available through the Service without providing any justification.
7. YOUR DATA
You may link no more email accounts than the total number of your authorized users, defined herein as an employee, contractor, or agent who is authorized to use the Syndie Services and has access to the Services via a unique username and password associated with your account (“Your Authorized Users”). By using the Services, you grant your permission for this access.
“Your Data” refers to any data and content stored or transmitted via the Services by or on behalf of you or your end users, which may include data imported from third-party services. This encompasses messages you send, files you upload, comments on files, and any other information you enter or upload into Syndie.
You retain full ownership of all address books, emails, calendars, social media contacts, call history, and files you upload or otherwise provide to Syndie (“Your Data”). Syndie does not claim any ownership over Your Data.
You are solely responsible for your conduct, the content of Your Data, and your communications with others while using the Services. It is your responsibility to ensure that you possess all necessary rights and permissions to comply with this Agreement and to avoid infringing upon or violating the rights of others.
You acknowledge that Syndie has no obligation to monitor any information on the Services and is not responsible for the accuracy, completeness, appropriateness, safety, or legality of Your Data or any other information or content you may access using the Services.
Nothing in this Agreement restricts Syndie from collecting, using, and analyzing general information and data from its customers (including you) in an aggregated manner for the purpose of improving and enhancing the quality and nature of the Services, or for marketing or publishing general information and statistics, provided that Syndie does not specifically identify you or disclose any personally identifiable information during this process. Further details regarding the handling of Your Data and the collection and use of other information related to you and your use of the Services can be found in our Privacy Policy.
Syndie will implement appropriate technical and organizational measures to protect Your Data in accordance with applicable data protection laws, which encompass the relevant data protection and privacy laws, rules, and regulations that govern Customer Personal Data. To the extent that Syndie processes Your Data on your behalf, which includes personal data as defined by Applicable Data Protection Laws, both parties shall comply with the obligations outlined in the Data Processing Agreement, which is incorporated by reference into these Terms.
8. SHARING YOUR DATA, THIRD PARTY PRODUCTS AND YOUR PRIVACY
Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.
A Third Party Product is any third party product, application, service, software, network, system, directory, website, database and/or information obtained separately by you which links to the Services, or which you may connect to or enable in conjunction with the Services, including, without limitation, Third Party Products which may be integrated directly into the Services by you or at your direction. If you or your Authorized Users choose to share Your Data in any manner, including through a Third Party Product or integration you are solely responsible for what that third party may do with Your Data, and your relationship with that third party. Likewise, you are solely responsible for any of the effects a Third Party Product may have on Your Data, including deleting or corrupting Your Data. You acknowledge that Syndie is not responsible for the disclosure of Your Data by you or your agents (including your Authorized Users) to any third parties or the effects of any Third Party Product on Your Data.
What we do with Your Data, and how we collect and use other information relating to you generally is explained in our Privacy Policy.
9. YOUR RESPONSIBILITIES
Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Syndie, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services, or use the Services to spam others.
You acknowledge that, as between you and Syndie, Syndie owns and retains all right, title and interest in the Intellectual Property Rights in the Services. You own and retain all right, title, and interest in the Intellectual Property Rights in Your Data. “Intellectual Property Rights” means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.
You, and not Syndie, are responsible for maintaining and protecting all of Your Data. Syndie will not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.
If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
You will not import, export, re-export, transfer or otherwise use the Services in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria), (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List, or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
You will not engage in activity that would cause Syndie to be in violation of these laws and regulations, and will indemnify Syndie for any fines, penalties or other liabilities incurred by Syndie for your failure to comply with this provision.
10. TERMINATION/SUSPENSION OF SERVICE
If Syndie determines in its sole discretion that You or any of Your Authorized Users have violated any element of these Terms of Service, You or Your Authorized Users’ access may be immediately suspended or terminated, up to and including the termination of the Agreement by Syndie, with or without notice. Syndie shall not be liable for any damages of any nature suffered by any user, or any third party, resulting in whole or in part from Syndie’s exercise of its rights under these Terms of Service.
11. ACCOUNT SECURITY
You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether or not authorized by you. Accordingly, you should notify Syndie immediately of any unauthorized use of your account. You acknowledge that if you wish to protect Your Data when you are transmitting it to Syndie, other than via the Syndie Services, it is your responsibility to use a secure encrypted connection to do so.
12. TERM AND TERMINATION; SUSPENSION
The Agreement shall begin on the effective date as specified in your Order (“Order Effective Date”) and shall continue as specified in your Order (the “Initial Term”), automatically renewing thereafter for the same period of time (“Renewal Term” and together with the Initial Term, the “Term”) unless earlier terminated. We reserve the right to suspend or terminate the Services in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with the Agreement, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating the Agreement, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.
13. WARRANTIES
Syndie warrants that: (i) it will perform the Services under the good commercial practices; (ii) it will provide the Services in a professional manner, consistent with recognized industry security standards; (iii) it will comply with all applicable law, and be duly licensed and otherwise authorized to provide the Services; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.
Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.
WITH THE EXCEPTION OF THOSE EXPRESS WARRANTIES MADE IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Syndie DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY.
14. INDEMNIFICATION
Your indemnity to us: You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Agreement.
Our indemnity to you: We will defend and hold you and your employees, officers, directors, agents, successors and assigns, harmless at our own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with any third party claims that the Services infringe or misappropriate the intellectual property rights of a third party.
The Party seeking indemnification under the Agreement will: (i) give the indemnifying Party prompt written notice of the claim, (ii) tender to the indemnifying Party control of the defense and settlement of the claim, and (iii) cooperate with the indemnifying Party in defending or settling the claim. The indemnified Party will have the right to participate at its own expense in any indemnification action or related settlement negotiations using counsel of its own choice. Neither Party may consent to the entry of any judgment or enter into any settlement that adversely affects the rights or interests of the other Party without that Party’s prior written consent, which may not be unreasonably withheld.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Syndie, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Syndie HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF Syndie TO YOU, ANY AFFILIATE OR ANY THIRD PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THE AGREEMENT, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO Syndie UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. THE LIMITATION OF LIABILITY PROVIDED IN THIS PARAGRAPH WILL APPLY IN THE AGGREGATE TO YOU AND YOUR AFFILIATES AND SHALL NOT BE CUMULATIVE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PURPOSE OF THIS PARAGRAPH IS TO PROVIDE FOR THE ALLOCATION OF RISK AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES PAID, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY THAN PROVIDED FOR HEREIN.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you. IN THOSE JURISDICTIONS, Syndie’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In addition, Syndie and its authorized personnel may require access to Your Data or account for the purposes of assisting you with any step of your account setup or any other troubleshooting, including attaining email connectivity. Neither Syndie nor any of its employees will be liable in cases where this access exposes us to your private data, including prospect info and email metadata and content. By using Syndie, you agree to permit Syndie representatives these permissions only when circumstances necessitate it. We reserve the right to assist in these ways when needed and will keep information confidential as per our Privacy Policy.
16. MODIFICATIONS
We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the new Terms, simply don’t use the Services after the change is effective, in which case the change will not apply to you.
17. MISCELLANEOUS
– Governing Law: This Agreement will be governed by the laws of UAE, without giving effect to the principles of conflict of law.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you. IN THOSE JURISDICTIONS, Syndie’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
– Force Majeure: Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms where such delay or failure is beyond its control, such as were caused by internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters, COVID-19 and variants.
CONTACT INFORMATION
Questions about this agreement should be sent to us at support@Syndie.io