Version: 1.0
Last Updated: 27th November 2017

At Synseer, we believe in being clear and open about our terms and conditions which apply when you use any Synseer product or service that links to this policy or incorporates it by reference.

By using our Services, you consent to our terms and conditions provided below.

When we talk about “Synseer,” “we,” “our,” or “us” in this policy, we are referring to Synseer Ltd., the company which owns and provides the Services and which is a company registered in England and Wales under company number 09574973 and we have our registered office at:

30 Gay Street,
Bath,
Somerset,
UK,
BA1 2PA.

When we talk about the “Services”, “Service” or “Product” in this policy, we are referring to our online collaborative and decision-making productivity tools and platform. Our Services are currently available for use via a web browser or applications specific to your desktop or mobile device.

When we talk about “Minimum Age”, we mean 16 years old or above. However, if law requires that you must be older in order for Synseer to lawfully provide the Services to you without parental consent (including use of your personal data) then the Minimum Age is such older Age.

Acceptance of these terms

The following terms and conditions govern all use of the website (www.synseer.com, the “Site”), and the Services and products available at or through the Site (the Service). The Service is offered subject to your acceptance, Minimum Age and without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Synseer (collectively, Terms and Conditions).

Please read these Terms and Conditions carefully before accessing the site or otherwise using the service. By accessing the site or using any part of the service, you (either as an individual or a legal entity that you represent as an authorised employee or agent) (you) agree that you are bound by the terms and conditions of these Terms and Conditions. if you do not agree to all the terms and conditions of these Terms and Conditions, then you may not access the site, service, or any part thereof. Synseer’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms and Conditions, to the exclusion of all other terms; if these Terms and Conditions are considered an offer by Synseer, your acceptance is expressly limited to these terms.

The Service is available only to individuals who meet the Minimum Age. If you do not so qualify, do not attempt to use the Service. Synseer may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time and at its sole discretion.

Your use of our services and products is also subject to our Privacy Policy and Cookie Policy which are available on our Site and cover how we collect, use, share and store your personal information.

Changes to our terms and conditions

Any changes to our terms and conditions in the future will be posted to the Site and, where appropriate, through e-mail notification. Please ensure that you are kept up-to-date with any such changes. By using the Service or accessing the Site you agree to be bound by the most up-to-date version of this Policy.

New features

Synseer may, in the future, offer new services and/or features through the Service (including but not restricted to, the release of new tools and resources). Such new features and/or services shall be subject to these Terms and Conditions. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms and Conditions.

Privacy policy

Synseer’s current Site Privacy Statement is available at www.synseer.com/privacy/ (the Privacy Policy), which is incorporated by this reference. For enquiries with regards to Synseer’s Privacy Policy or to raise a privacy related problem, please email privacy@synseer.com.

Rules and conduct

The Site and the Service and any Content (as defined below) made available on or through the Service is provided only for your internal business use or use in the support of your customers, invited participants, suppliers and other parties with whom you have a business relationship, that use the Service for their own internal business use, all in compliance with all applicable laws, rules and regulations.

The Service is intended for use described above only and may not be used in connection with any other commercial endeavours except those that are specifically endorsed or approved by Synseer in writing.

Accessing the Service and acceptable use

You are responsible for configuring your IT and internet connection in order to access the Service safely. You should take your own precautions against viruses and other malware.

Your login credentials are personal to you. You must keep them confidential and must not disclose them to any third party. If you know or suspect that anyone other than you know your login credentials, you must promptly notify us at once via support@synseer.com and change your login details.

You must not attempt to gain unauthorised access to the Service, or any server, computer or database on which it is stored or to which it is connected. You must not introduce any virus or malware to the Service or submit the Service to any form of denial-of-service attack.

You must not make any use of any automated system to access the Service in a manner that places more demand on the Service and/or on our servers than a single human user could reasonably achieve during normal use of the Service.

You must only use the Service for lawful purposes and not undertake behaviour which is unlawful, or which may harass, defame, bully or intimidate any person.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including, without limitation, user names, about other members or users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms and Conditions; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Synseer may remove any Content and submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or submissions), or for no reason at all.

Synseer may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms and Conditions, including, without limitation, with any provision of this section.

Please report any violation of these Terms and Conditions by contacting Synseer via service@synseer.com.

Registration

As a condition to using the Service, you will be required to register with Synseer by providing information to be specified during the registration process and entering an email address (the “Synseer UserID”) and selecting a password.

You shall provide Synseer with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your Synseer account.

In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not:

  1. Select or use as a Synseer UserID a name of another person with the intent to impersonate that person;
  2. Use as a Synseer UserID a name subject to any rights of a person other than you without appropriate authorization;
  3. Use as a Synseer UserID a name that is otherwise offensive, vulgar or obscene.

Synseer reserves the right to refuse registration of, or cancel an Synseer user account at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Synseer password.

You may never use another user’s account.

You will immediately notify Synseer in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You can do this by sending an email to moc.reesnys@troppus.

Content and submission

Whenever you upload content to the Service (collectively Submissions and Content), you must comply with the content standards set out in these Terms and Conditions. You warrant that any such content complies with those standards and you will be liable to us and indemnify us for any breach of that warranty. We will not be liable to any third party for any content posted by you or any other Synseer user.

Content published on the Service may not be copied, adapted, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except with the prior consent of the copyright owner.

Synseer has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms and Conditions is prohibited. Any rights not expressly granted herein are reserved.

You will not upload or transmit content which is illegal, defamatory, abusive, obscene, offensive, racist and/or discriminatory, or might amount to harassment, stalking, threatening or discriminatory behaviour. You will not disrupt other user’s use of the Service nor infringe their rights, or restrict or inhibit their use or enjoyment of the Service.

Any content or material that you submit to the Service must:

  1. Not be illegal, defamatory, abusive, obscene, offensive, racist and/or discriminatory, or amount to harassment, stalking, threatening or discriminatory behaviour;
  2. Not belong to a third party or be confidential information belonging to a third party, unless you have that third party’s consent;
  3. Not impose an unreasonable or disproportionately (in the sole judgment of Synseer) large load on the Service’s computing, storage or communications infrastructure, or attempts to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  4. Not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data or other information of Synseer or any third party;
  5. Not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  6. Not impersonate any person or entity, including, without limitation, any employee or representative of Synseer. You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Synseer’s express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Synseer may use to prevent or restrict access to the Service;
  7. Not create or publishing your own database or application featuring all or substantial parts of the Site;
  8. Not transmit, or procure the sending of, unsolicited or unauthorised advertising or promotional material, junk or bulk e-mail (“spamming”);
  9. Not breach any applicable local, national or international laws, regulations or codes of practice;
  10. Not breach any laws concerning the use of public telecommunications networks;
  11. Not infringe any law or encourage any unlawful conduct.

Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation, take advantage of it or suggest any form of association, approval or endorsement by us.

Payment and electronic communications

If you have purchased a paid Service, you are expressly agreeing that Synseer is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Synseer in connection with your use of the Site and/or Service and that the fees will be billed to the credit card you provide, via invoicing means or via direct debit in accordance with the billing terms in effect at the time a fee or charge is due and payable.

If payment is not received when due for any reason in advance of the applicable payment period, Synseer reserves the right to either suspend or terminate your access to the Site and/or any Service and terminate these Terms and Conditions.

Fees are payable in UK Pounds Sterling and based on Services purchased.

The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account.

If you have purchased a paid subscription to the Site and Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period.

You acknowledge and agree that Synseer will automatically charge you for the then-current subscription period upon the commencement of any renewal period. You will provide Synseer with valid payment or invoicing information and you authorise Synseer to charge such means of payment for all purchased subscriptions and renewals.

You may terminate your subscription to the Site and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan level, the payment method attached to your account (or bank your bank account if you pay through Direct Debit) will automatically be charged or credited the new prorated amount for the current month. The new plan rate will apply from your next billing cycle i.e. from the next time we charge your card.

By using the Site, you consent to receiving electronic communications from Synseer. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with Synseer and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Cancellation and termination

You are solely responsible for properly cancelling your account. You can cancel the account by sending an email to moc.reesnys@ecivres. We will then call you back to confirm the request and the cancellation process in its entirety.

If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.

Synseer, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Synseer service, for any reason at any time.

Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Synseer reserves the right to refuse service to anyone for any reason at any time.

Third party sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.

These other websites are not under Synseer’s control, and you acknowledge that Synseer is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

The inclusion of any such link does not imply endorsement by Synseer or any association with its operators.

You further acknowledge and agree that Synseer 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 website or resource.

No warranties

The Service, Site and all Content and Submissions, products and services Included in or available through the Site, are provided “as is” and “as available”.

The Service, Site, Content and Submissions, products and services are provided without warranty of any kind, expressed or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Synseer and its partners, suppliers and content providers do not warrant that:

  1. Any content or submissions, including, without limitation, any results, data, or information obtained through the service will be accurate, reliable, or complete;
  2. The service will be secure or available at any particular time or location;
  3. Any defects or errors will be corrected;
  4. The content or submissions are free of viruses or other harmful components;
  5. The results of using the service, or obtaining products through the service, will meet your requirements.

Your use of the Service is solely at your own risk. Neither Synseer nor its agents, partners, suppliers or content providers makes any warranties of any kind in regard to any content, submissions, opinions, advice and all other information expressed or posted by users of this site.

Indemnification

You agree to defend, indemnify, and hold harmless Synseer, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your:

  1. Use or misuse of the Service;
  2. Your access to the Site, use of the Service, your Submissions, violation of the Terms and Conditions by you;
  3. The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Synseer reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Synseer in asserting any available defences.

International and non-UK use

Synseer makes no representation that the Content or Submissions are appropriate or available for use in locations outside of the United Kingdom, and accessing the Service is prohibited from territories where such Content or Submissions are illegal.

If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute resolution

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You and Synseer agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site or Service shall be filed only in England and Wales and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In the case of actual or potential infringements of confidentiality or intellectual property rights, we are free to seek injunctive, or other equitable relief, in addition to any and all remedies available at law for any breach of these Terms and Conditions in any court of competent jurisdiction.

Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section.

Integration and severability

These Terms and Conditions are the agreement between you and Synseer with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Synseer with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement).

If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. These Terms may be amended on a case by case basis by an Agreement of Relationship. Such agreement would always have precedence over these Terms.

Miscellaneous

These Terms and Conditions and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Synseer’s prior written consent.

Synseer may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys’ fees.

All notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.

Copyright and trademark notices

Unless otherwise indicated, all Content provided by Synseer is copyright ©2017 Synseer Limited. All rights reserved. Synseer is a registered trademark of Synseer Limited.

The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Intellectual Property Rights

Synseer reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

Synseer and other Synseer trademarks, graphics, and logos used for our Services are trademarks or registered trademarks of Synseer.

Digital Millennium Copyright Act notice

Synseer has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.

The address of Synseer’s Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this section. It is Synseer’s policy to (1) block access to or remove Submissions and content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or users; and (2) remove and discontinue providing the Service to repeat offenders.

1. Procedure for Reporting Copyright Infringements:
If you believe in good faith that Submissions or content residing on or accessible through the Synseer web site or Service infringes a copyright, please send a Notice of Copyright Infringement form or otherwise, containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials that is claimed to be infringed;
  • Identification of the Submissions or content that is claimed to be infringing including information regarding the location of the Submissions or content that the copyright owner seeks to have removed, with sufficient detail so that Synseer is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the Submissions or content is not authorised by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner.

2. Once Proper Bona Fide Infringement Notification Is Received by The Designated Agent:
It is Synseer’s policy:

  • to remove or disable access to the infringing Submissions or content;
  • to notify the Submissions or content provider, member or user that it has removed or disabled access to the Submissions or content; and
  • that repeat offenders will have the infringing Submissions or content removed from the system and that Synseer will terminate such content providers, member’s or user’s access to the Service.

Please submit your notice to Synseer’s Designated Agent listed at the end of this section.

3. Procedure to Supply a Counter-Notice to The Designated Agent:
If the Submissions or content provider, member or user believes that the Submissions or content that was removed or to which access was disabled is either not infringing, or the Submissions or content provider, member or user believes that it has the right to post and use such Submissions or content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the Submissions or content provider, member or user;
  • Identification of the Submissions or content that has been removed or to which access has been disabled and the location at which the Submissions or content appeared before it was removed or disabled;
  • A statement that the Submissions or content provider, member or user has a good faith belief that the Submissions or content was removed or disabled as a result of mistake or a misidentification of the Submissions or content;
  • And Submissions or content providers, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction for any judicial district in which Synseer is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Please submit your Counter-Notice to Synseer’s Designated Agent to the address specified below.

If a counter-notice is received by the Designated Agent, Synseer may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Submissions or content or cease disabling it in 10 business days.

Unless the copyright owner files an action seeking a court order against the Submissions or content provider, member or user, the removed Submissions or content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Synseer’s discretion.

Please contact Synseer’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent,
Synseer Limited,
30 Gay Street,
Bath,
Somerset,
UK,
BA1 2PA.

Email: service@synseer.com

For issues other than copyright infringement please contact Synseer at:

Synseer Limited,
30 Gay Street,
Bath,
Somerset,
UK,
BA1 2PA.

Email: service@synseer.com

Limitation of our liability

We make no representations, warranties or guarantees, whether express or implied, that the Service or any content is accurate, complete, up-to-date, available, free from errors and viruses or other malware. To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms (in each case whether express or implied) which may apply to the Service or to content on it.

We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Service or the content it contains. This includes, but is not limited to: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings and loss of business opportunity, goodwill or reputation.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We will not be liable for any loss or damage caused by a virus or other form of malware that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or your uploading or downloading of any content or material to or from it, or on any website linked to it.

Any links to other websites from the Service are provided for your information only and we are not responsible for the content of such other websites. We do not endorse such websites and We will not be liable for any loss or damage that may arise from your use of them.

Synseer and synseer.com are trading names of Synseer Limited which is a company registered in England and Wales under company number 09574973 and we have our registered office at:

Synseer Limited,
30 Gay Street,
Bath,
Somerset,
UK,
BA1 2PA.

Email: service@synseer.com

You can contact us at:

Synseer Limited,
30 Gay Street,
Bath,
Somerset,
UK,
BA1 2PA.

Email: service@synseer.com