These GENERAL TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Website, Content and/or Services. These Terms of Service are available on our Website. Along with auxiliary documents, these Terms of Service constitute a single, legally binding document between you and Service in Sync LLC. By accessing and using the Service in Sync LLC Website or App, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Website is at ALL times governed and subject to these Terms of Service, and all auxiliary documents you are given access to, and thereby acquainted with.
Service in Sync LLC, is a legitimate and legally bound Service, registered with the Minnesota Secretary of State. All business and transactions done via Service in Sync LLC have the appropriate consent from state authorities, and are in accordance with U.S. governing Law.
References in these documents to Service in Sync LLC, “We” or “Us” mean Service in Sync LLC, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Service in Sync LLC. “Invitee” means any person or entity, other than the User, that uses the Service with the authorization of the User from time to time.
By visiting and using Service in Sync LLC’s Website or App, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Service in Sync LLC’s other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Service in Sync LLC, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Service in Sync LLC, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Service in Sync LLC, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
By signing up to use this system you understand and agree to use it even though it is not in a production state, using this system will mean there will be bugs, glitches, errors, down times, loss of functionality, possibly loss of data, and other issues and errors that could prove detrimental. By using this service you are agreeing to help us test it out and understand that it's not intended for production use.
You acknowledge and agree that this or any service is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE MEET YOUR REQUIREMENTS OR THAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
In no event will we be liable for damages, relating to the use of or inability to use any software even if we have been advised of the possibility of such damages, or any claim by any other party. The foregoing limitations of liability are intended to apply without regard to whether other provisions of this terms of service have been breached or proven ineffective.
GENERAL TERMS OF SERVICE
1. INTRODUCTORY CLAUSES
1.1 Conclusive acceptance and scope of Terms of Service
These provisions, along with Service in Sync LLC’s Auxiliary documents are governing your use of this Website. By using Service in Sync LLC’s Website, Content, Software and/or Services, You hereby find the Terms of Service reasonable, and fully accept them. If you do not accept the Terms of Service of use, or find them unreasonable, please stop using Service in Sync LLC’s Website, Content, Software and/or Services.
2. REGISTRATION AND PROFILE
2.1. Registration with Service in Sync LLC
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Service in Sync LLC are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see Subsection 4.4. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from Service in Sync LLC).
3. CONTENT AND OWNERSHIP
3.1. Your Intellectual Property
As between Service In Sync LLC and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Service In Sync LLC does not claim ownership rights on your created content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Service In Sync LLC's Intellectual Property
All rights, title and interest in and to the Service In Sync LLC Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Service In Sync LLC Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Service In Sync LLC.
Subject to your full compliance with the Service In Sync LLC Terms and timely payment of all applicable Fees, Service In Sync LLC hereby grants you, upon creating your User Account and for as long as Service In Sync LLC wishes to provide you with the Service In Sync LLC Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Service In Sync LLC Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Service In Sync LLC Terms, and solely within the Service In Sync LLC Services.
The Service In Sync LLC Terms do not convey any right or interest in or to Service In Sync LLC’s Intellectual Property (or any part thereof), except only for the limited license expressly granted in this agreement. Nothing in the Service In Sync LLC Terms constitutes an assignment or waiver of Service In Sync LLC’s Intellectual Property rights under any law.
3.3. Feedback, Feature Requests and Suggestions
If you provide us with any suggestions, feature requests, comments or other feedback relating to the Service In Sync LLC Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Service In Sync LLC. By providing such Feedback to Service In Sync LLC, you acknowledge and agree that it may be used by Service In Sync LLC in order to: (i) further develop, customize and improve of the Service In Sync LLC Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Service In Sync LLC -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Service In Sync LLC may use to provide and improve its services, (vi) to enhance Service In Sync LLC data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Service In Sync LLC any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
3.4 Advertising
Unless You specifically withdraw Your consent to this clause by sending an email at [email protected], You hereby acknowledge and consent to Service In Sync LLC making use of any of Your marks, logos and trade names to identify You as Service In Sync LLC's user/customer on Service In Sync LLC's Site and/or Services, in addition to any other marketing material.
4. SERVICE IN SYNC LLC USAGE GUIDELINES
Subject to this Agreement, Service In Sync LLC grants You a non-exclusive, non-transferable right to access and use the Service via the Website and/or App, which right will correspond with your account status. You acknowledge and agree that, subject to any applicable written agreement between the User and the any subsequent user accounts associated with the User, or any other applicable laws:
These Usage Guidelines are to be applicable for both the Service in Sync LLC Website and Application. You agree not to engage in any of the following prohibited activities:
5. USE OF SERVICE
5.1. Copyright notice.
You hereby agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to Service in Sync LLC’s Website, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered therein. You and other people authorized to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful towards Service in Sync LLC’s Website, Software, Services or Functionality, and shall not, in any way promote this type of illegal activity, under the penalty of civil and penal provisions of the applicable US law. Service in Sync LLC’s Website, Content and/or Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any type of Malware whilst utilizing Service in Sync LLC, its Software and/or Services, under the penalty of the U.S. Governing civil and/or penal provisions. You and individuals Authorized to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scrapping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under the Governing law of the U.S. Any consent issued by the Website’s administrators on data collection will be fully coherent with the U.S. applicable law and in compliance with this Website’s set of legal documents. In the event such consent is possible to issue, due to statutory provisions by U.S Governing law, any eventual consent will be issued in paper form upon previous request, and as such will be subject to further notification of the Website’s visitors, customers and/or Users. Without the required form and previous notification of Users, any consent given by Service in Sync LLC in regards to data collection is null and void. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and U.S. Governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behavior, namely: - harassment, threatening or intimidating another User, - transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, - using obscene or offensive User Names or Nick Names, - posting any material with the intention to solicit other Users, - permutation of usage of inappropriate language as to the room You are hosting, - abusing Your rights to take action against individuals logged into a specific room You are hosting, - disparaging Service in Sync LLC’s services, Service in Sync LLC or its representatives or employees, administration and/or other staff. Service in Sync LLC reserves the rights to: - Restrict access to certain areas of this Website, which are not meant to be available for visitors, consumers and/or Users; - Further disable access to certain areas of this Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; - Restrict access to other areas of this Website, in case of violation of these provisions. These restrictions are in full Service in Sync LLC’s discretion, and can be issued without explanation or notice; - Enable access to certain areas of the Website, providing You with a User ID and Password, which are for Your PERSONAL use. It is advised to keep these credentials confidential, in case of misuse by third parties.
5.2. Submissions on Service in Sync
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Service in Sync. All content uploaded to this Service is to be regarded primarily as a User Submission. Service in Sync LLC reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. Service in Sync LLC does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Service in Sync LLC a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to Service in Sync LLC in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Service in Sync LLC, the name or nickname of the user will be included as a form of accreditation.
5.2.1. Reverse Licensing Grant
Upon sharing submissions via Service in Sync LLC, you retain all proprietary rights and grant Service in Sync LLC a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is granted only in order for your creative work(s) to be available on the service, as well as for some specific marketing or featuring abilities that Service in Sync LLC may exercise. Accreditation of user creations uploaded by creators is to be included in a clear and visible space on the specific webpage in which the creation is included. If the creation is shared on a third-party platform or used as a marketing material on behalf of Service in Sync LLC, the name or nickname of the author will be included, and considered an appropriate accreditation.
5.2.2. Cloud-based Services. Termination of Cloud Subscription and renewal of files
Upon termintion of your storage or cloud-based services, Service in Sync LLC will delete any and all files which have been stored on its servers. In case of expiry of subscription or account terminated, another one will be billed, with a prior notification period within 3 days of automatic renewal of subscription.
Service in Sync LLC stores your cloud-based or other storage subscription files privately, and such files are exempt from this Section.
5.3. Breach of these Terms of Service. Service in Sync LLC’s Reserved Rights.
Service in Sync LLC reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Service in Sync LLC further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Service in Sync LLC reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Service in Sync LLC and it will include any steps that Service in Sync LLC finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by U.S. Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Service in Sync LLC under its sole discretion.
5.3.1. Discretional Rights.
Methods of preventing further damage or nuisance towards other Users may, Service in Sync LLC’s staff or other third parties towards, which Users have committed a breach of their rights include:
Further note that Service in Sync LLC, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Service in Sync LLC may disclose Your personal information in the NECESSARY range under the governing law of the U.S. in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Service in Sync LLC needs to comply with the demands (namely formal requests) of appropriate State authorities.
5.4. Anti-solicitation provisions
Users shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Service in Sync LLC; Users shall further withhold from soliciting or causing an existing or potential Customer to cease using Service in Sync LLC and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with Service in Sync LLC’s Products and Services. Users may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions.
5.4.1. Libel and Defamation
Users shall further withhold from making any slanderous, negative or defamatory statements about Service in Sync LLC or any of its Representatives, which may result in hurting the reputation, image or goodwill of Service in Sync LLC or its Representatives.
5.5. Sharing on Third-Party Platforms
The Service may further use social media buttons or plugins from third-party Services, which allow Users to connect with third-party social networks and platforms. All content shared from the Service in Sync LLC Website is to be accredited by means of hyperlink from the third-party Service to the Website. Upon sharing information to third-party Services, you will abstain from causing nuisance to users using the third-party Service or Platform.
5.6. ORDERS AND PAYMENT
Service in Sync LLC and Third-party authorized websites use third-party billing protocols in order to securely process your purchases. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks. "Billing Day" The day of the month on which the User first switches to a paid plan, and therefore becomes subject to an Account Service Fee. This day of the month corresponds with the beginning of each Billing Period.
5.6.1 PAYMENT RESPONSIBILITY
When there is a difference in the amount of Fees due as a result of a any changes in invoices or your flat percentage transaction fee or any adds-ons, the amount difference will immediately be reflected in your billing account. This means that you will be liable for the higher level of Fees. In case your flat percentage transaction fee is now lower no refund or credits will issued. We will apply the new level of fees for future billing periods and not over the remaining Billing Period. Service In Sync will continue charging You the flat percentage transaction fee until this Agreement is terminated in accordance with clause 5.6. You are responsible for payment of all taxes and government charges in addition to the Fees.
5.6.2 PAYMENT METHOD FAILURE & OVERDUE PAYMENTS
In the event that we are unable to process a charge on your card, you will have an opportunity to update your credit card details. We will try 3 times within a 14 day period to recharge the card. If, after 3 attempts in the 14 day period, we are still unable to charge your card, we reserve the right to deactivate your account. For 30 days following deactivation, you can reactivate your account by updating your payment method details and paying all outstanding Fees. We reserve the right to delete accounts that have been overdue for longer than 45 days.
6. LINK APPLICATION
6.1. Downloading the Service in Sync LLC App. Purchases and In-App purchases
Service in Sync LLC also has a mobile service offered to a wide variety of products utilizing either Apple’s iOS or Android operating systems. Any disclaimer as to the compatibility of your device is to be displayed directly on the page dedicated to this App on the App store or Google Play store. Please note that, without a compatible device, a purchase or download of this App may not be possible. Prices for purchasing the App may vary according to different jurisdiction taxation and auxiliary expenses. Also note that Service in Sync LLC reserves the right to, without limitation: discontinue the App, change the content of the App, change the content of In-App purchases, change the pricing of the App or possible In-App purchases or extras or any type of modification regarding the sales of the App, compliant with the discretion granted by the App store or Google Play Store. On specific occasions, Service in Sync LLC will offer additional products and services for purchase through the App store, Google Play or other platforms authorized by the Service. Upon choosing to make an In-App purchase or Extras. Upon deciding to purchase such an addition, you will be prompted to the app store of Google Play Store platforms. Depending on the relevant jurisdictions, in-app purchases may vary in pricing, according to the specifics of the jurisdiction you reside in. You may be continuously billed for a subscription you choose, until you cancel the subscription at hand. Please note that upon canceling an In-App purchase or Subscription, no reimbursements will be given by the company whatsoever, as you have used the Service and/or subscription for the time-being allowed in the contract you digitally signed upon ordering the service. You may be allowed to purchase more varieties of in-app purchases in the future. These are to be regarded as extras to the Service provided to you. Regardless of the terminology used in this contract whatsoever, the virtual items are to be following these Terms of Service and to be interpreted as non-other than licensable items at the disposal of end users.
6.2. Compatibility with third-party hardware
Third-party hardware is utilized to use the Service in Sync LLC Apps. Service in Sync LLC is not to be held responsible for any malfunctions of third-party hardware to which Service in Sync LLC has no connections to its/them without limitation: design, functionality or features, limits of usage, safety recommendations etc. All specifics of any third-party compatible hardware, along with the methods of utilization or limits of the App’s functionality is referenced on our Website. Service in Sync LLC reserves the right to discontinue support or functionality towards any third-party hardware at any time. Service in Sync LLC is not to be held liable for any damages caused by third-party hardware. If you have used a malfunctioning third-party hardware, please contact the third-party hardware company on possible warranty, replacement or repair offered according to their contractual terms. Service in Sync LLC is not to be held responsible for the use of third-party hardware which can cause damage to the third-party hardware, as the Service only provides functionality protocols via it’s App. Service in Sync LLC does NOT, in any way, extend the functionality of the specific third-party hardware, and is to be regarded only as a way of utilizing and/or controlling the third-party hardware.
7. CONTRACTUAL RELATIONSHIP TO INDEPENDENT CONTRACTORS. ADVERTISER SERVICES AND OTHER SERVICE AGREEMENT SPECIFICS.
Part of the Service’s function is to provide for recruitment and selection of independent contractors (thereinafter referred to as: Staff), in order to execute the services, which are provided by Service in Sync LLC.
Service in Sync LLC, whilst providing services to Clients, is obliged to do the following:
The Service will, however, accept no liability for any losses or costs incurred in the event that the Service will not be able to find and facilitate an appropriate Staff member suiting the Client’s needs. The Service is further not to be held liable for the individual behavior of Staff members, and reserves rights of Termination of Service agreements with the Staff members having broken codes of ethics, etiquette and appropriate behavior. Staff members are recruited on an independent contractor agreement basis, which is not, by any means, meant to constitute, nor take into consideration a position of a selected Staff member for an employee of Service in Sync LLC.
7.2. Service Agreements made with Service in Sync LLC
7.2.1. Scope of Authorization
In case of an agreement with Service in Sync LLC, which may include usage of photos, effigy, trademarks, logos, useful designs, trade secrets, or any other object, being a registered intellectual property, or in the case the material is copyright protected, the usage of these materials, in accordance to the licensing provisions in Subsection 6.2.2. Shall be for the use of providing the services as expressly agreed with Service in Sync LLC.
An order of Service (thereinafter referred to as: “Order”) is an ordered, service as per the prescribed specifications (thereinafter referred to as: “Offer”) on the Service in Sync LLC website. An Offer is a binding offer from the Service to the Client to conclude various types of agreements in the field of marketing and advertisement, consulting etc. This offer is based on the description found on the specific part of our Website (without limitation to: duration, classification, included extras, costs, methods of payment etc.), as far as the Client has access to this information. Information on other websites not administered by the Service are not binding towards the Service, and do not constitute part of its contractual duty unless they have been explicitly stated on the Service in Sync LLC Website
The preferred manner of placing orders is electronically (by means of e-mail or by an internet-based Website service). The Client shall receive electronic confirmation (thereinafter referred to as: Order Confirmation) of the orders made by e-mail or on the internet.
Formation of contract occurs upon receipt of the Order Confirmation from the Service, acting either in its own capacity, or as an agent of an affiliate marketer, which is active on Service in Sync LLC’s Website. Please note, that such products or services provided are to be expressly classified as such. Order Confirmation does not require a specific form, so confirmations received orally or by telephone are legally binding upon the Client as well.
If there are any discrepancies between the Content of the Offer and the Order Confirmation, such occurrence constitutes a new offer on the part of Service in Sync LLC. The contract shall be formed on the basis of this new offer if the Client indicates his or her acceptance of this offer by means of explicit declaration or implicit means, namely payment of a deposit or the balance, or use of the provided services.
7.2.2. Licensing
As between Service In Sync LLC and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Service In Sync LLC does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All Intellectual property rights in respect of the Asset are owned by the Licensor. The Licensee is granted exclusive rights to use as per Subsection 6.2.1. The Licensor hereby agreed to obtain from using the Asset and to allow for the Licensee to exercise his full right of use over the Asset. 7.2.3. Defective Performance of Third-party services The Service shall not be held liable to any services outside the scope of the offered arrangement by Service in Sync LLC. We are not responsible for the Defective performance of any type of Third-party services (usually identified by arranged by third-party service providers and expressly described in the offer made to the Client as facultative/additional expenses, or expressly described as affiliates or partners placing their services through Service in Sync LLC.), as we place their offers throughout our website by agreement with third-party service providers, but do not have any objective influence on the execution of these services, which are solely provided by the third-party service providers. 8. INDEMNIFICATION AND LIMITATION OF LIABILITY 8.1. Indemnification You hereby agree to indemnify and hold Service in Sync LLC, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Service in Sync LLC’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement. 8.2. Interpretation guidelines This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by. 9. DISCLAIMER 9.1. General Disclaimer Service in Sync LLC’s website, content and services are all provided “as is”. Service in Sync LLC does not unilaterally provide any express or implied terms, representations, warranties or conditions. Service in Sync LLC, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Service in Sync LLC has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Service in Sync LLC had been advised of the potential loss. Service in Sync LLC does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Service in Sync LLC does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Service in Sync LLC is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Service in Sync LLC’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by the U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety. 10. SOFTWARE LICENSE AGREEMENT 10.1. Software License Agreement This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between Service in Sync LLC and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of Service in Sync LLC’s software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this Website and App or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using Service in Sync LLC’s software, Website and Apps, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using Service in Sync LLC’s software, Website and App and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions. 10.2. Express Licensing Grant Service in Sync LLC hereby grants you a non-exclusive and non-transferrable license to use of this Website and App’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Service in Sync LLC stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you. 11. Copyright Policy 11.1. Policy The Content on our Service is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with the U.S. Governing Law and international intellectual property law standards. Service in Sync LLC, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Service in Sync LLC, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Service in Sync LLC cannot guarantee the issuing of Licenses to any person, group and/or other third party without a previous formal request. Service in Sync LLC DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. governing law does not exclude the possibility of Service in Sync LLC treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. 11.2. The DMCA If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; -A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed Infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: - Your physical or electronic signature; - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If your counter-notice is received by the Copyright Agent, Service in Sync LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Service in Sync LLC’s sole discretion 12. THIRD-PARTY LINKED WEBSITES AND SERVICES Our platform may contain link to third-party Websites. Service in Sync LLC advises you to use third-party websites with caution, as they may be governed by different Terms of Service. We are not to be held liable for displaying any third-party websites on our platform, and will not be held liable for your personal behavior on the third-party websites or the results thereof. 13. TERMINATION 13. 1. Account Inactivity **Termination due to Inactivity:** We reserve the right to terminate and permanently delete any accounts that have been inactive for a period of 6 months. An account is considered inactive if there has been no login and usage by the user into the account during this duration and if no payments have been made or billable invoices accrued within the last 6 months. **Notice of Inactivity:** Prior to the termination of an inactive account, we will make reasonable efforts to notify you via email at the email address associated with your account. The notice will provide information about the impending account termination due to inactivity and the actions you can take to prevent it. **Data Removal:** Upon termination due to inactivity, we may permanently delete all data associated with the inactive account. It is your responsibility to ensure that you have backed up any necessary data before the account becomes inactive. **Reactivation:** If your account is terminated due to inactivity, you may contact our customer support to inquire about reactivating the account. Reactivation may be subject to additional terms and conditions. **Effect of Termination:** Termination of an account due to inactivity will result in the loss of access to your account and its data. We will not be liable for any losses or damages arising from the termination of an inactive account. 13. 2. Invoicing and Payment At the end of each calendar month, we will generate an invoice for your account based on the total amount of invoices processed by your customers through our system during that month. The invoice will reflect the flat percentage transaction fee, calculated as a percentage of the total invoiced amount by your customers. This fee will be billed immediately upon invoice generation to your saved payment method on file. If we determine that the invoice totals have been adjusted or manipulated in a way we deem is not accurate or correct, we reserve the right to calculate our own value for the invoice and bill you based on a similar industry standard rate for similar services. Payment is due within 14 days of the invoice date. If the payment fails for any reason or you don't have an active payment method on file, we may suspend, terminate, or disable your account, and we reserve the right to permanently delete all data associated with your account at any time. Please note that any applicable taxes and additional charges will be applied in accordance with the governing law. By using our services, you agree to the invoicing and payment terms described in this section. This Agreement will continue for the period covered by the flat percentage transaction fee paid or payable under clause 5.6. On or around each Month, at the commencement of each new Billing Period, this Agreement will automatically continue for another period of the same duration as the previous Billing Period, provided You continue to pay the prescribed flat percentage transaction fee when due.
13. 3. Breach
If You:
breach any of these terms in this Agreement (including, without limitation, by non-payment of any Account Service Fees or Add-Ons Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
breach any of the terms in this Agreement and the breach is not capable of being remedied (which includes (without limitation) any breach or any payment of Account Service Fees or Add-Ons Fees that are more than 30 days overdue); or
You or Your business become insolvent or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Service in Sync LLC may take any or all of the following actions, at its sole discretion:
13.4. Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will: **Termination by You:** You have the right to terminate your account and discontinue use of our services at any time by following the account termination procedure provided on our website. **Termination by Us:** We reserve the right to terminate or suspend your account and access to our services, with or without notice, for any reason we deem fit. Such reasons may include, but are not limited to, violation of these Terms of Service, suspected fraudulent activity, or conduct that we believe is harmful to our platform, other users, or third parties. **Termination without Notice:** In addition to the reasons mentioned in Section 13.2, we may terminate and permanently delete your account without prior notice if we determine that it is necessary to protect the security and integrity of our platform, to prevent unauthorized access, or if we believe that your account is being used for malicious or harmful purposes. **Effect of Termination:** Upon termination of your account, you will lose access to your account and all associated data. We will not be liable for any losses or damages arising from the termination of your account. **Account Inactivity:** Please refer to Section 13.1 for our policy on account inactivity and the conditions under which we may terminate inactive accounts. **Survival:** The provisions of these Terms of Service that by their nature should survive termination (including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall continue to apply even after termination. **Appeals and Inquiries:** If you believe your account has been terminated unfairly or have any questions regarding the termination process, you may contact our customer support for further information and assistance. This Agreement stays in effect and governs your use of this Service at all times, while you are an owner of our Service’s Account or by simply utilizing our Website or App. You are free to terminate your account or delete our App at any time, for any reason whatsoever in a standardized procedure and option given to you on this Service or via your respective mobile operating system. Note that your User account may be terminated with or without previous notice, in cases of infringements by the Service. For more details on the procedure of account termination, please read the agreement further, more specifically in Section 4, regulating User behavior on the Website and App. Other references of termination will be incorporated in these Terms of Service and Privacy Policy by reference. 14. LEGAL NOTICES 14.1. Pro-Validity Clause If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. 14.2 Dispute-Resolution Clause These Terms are written in compliance with the governing law of U.S. and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of the individual Service Agreement, which have not been regulated by the provisions of these General Terms of Service or specific set of documents in connection to the provided Service(s), by the U.S. law. 14.3. Applicable Law The parties covenant that the applicable and usable law according to which this agreement will be governed will be the applicable law of the United Kingdom of Great Britain and Northern Ireland. Subsequently to the aforementioned, the governing law of the U.S. will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. 15. CONTINUITY 15.1. Corporate Continuity In the event that Service in Sync LLC goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Service in Sync LLC). You will be notified via e-mail of any such change of ownership of your personal information. Service in Sync LLC takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. Service in Sync LLC follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us, using the contact information provided on the Service in Sync LLC website. This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If Service in Sync LLC does not disclose such a breach knowingly and within a reasonable time period from such an occurrence, Users may seek relief from the Service. 15.2. Service Continuity Service in Sync LLC reserves the right to discontinue any portion of the whole service with or without previous notice. Service in Sync LLC is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Service in Sync LLC and the Return and Shipping policy. 15.3. Continuity of this Document and other Legally-binding documents Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service, we will notify you on this Web page, the App, by e-mail, or by means of notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Service in Sync LLC. 16. CUSTOMER SERVICE Our primary objective is to deliver a smooth and enjoyable experience to our customers. Therefore, we do not want any question or issue to remain unresolved. You can contact our Contact and Customer Service Staff by means of e-mail, telephone number or other methods, which can be found on our website. The company provides assistance, guidance and advice via the customer care representatives. Upon contacting the customer service, you agree to be respectful and kind. 17. TEXT AND HEADINGS. FINAL CLAUSES REGARDING CONSUMER PROTECTION. 17.1. Document as a whole These Terms of Service reflect the policy of Service in Sync LLC in regards to your usage of this Website. They are further intended to inform Service in Sync LLC’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service. 17.2. Consumer Protection Clause Unless stated otherwise in this document, the information provided by you in whilst using Service in Sync LLC shall be used only for the purposes of contacting you regarding the Scope of Service which the Company provides, or for the purposes of eventual billing. Nothing in the Terms of Service, Privacy Policy, Disclaimer or any associated documents you express your consent to (either expressly or conclusively) is constructed to violate consumer rights, so long the Terms set within these documents are not unilaterally breached by Users. 17.3. Ascent You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website. Copyright © 2024 Service in Sync LLC. All rights reserved.
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