Last Updated: 25 May 2018
At Synseer, we believe in being clear and open about the terms which apply to Synseer’s online collaborative, decision-making and productivity tools, platform and service, including all features and functionalities, website, and user interfaces, as well as all content and software associated with the service that may be offered from time to time via Synseer’s website, web application (accessible via the following URL https://www.synseer.com/) and any mobile applications (the “Service”).
Whether you are a Customer or a User (defined below) engaged or employed by such Customer, your use of the Service constitutes your acceptance of and agreement to all of the terms defined herein.
When we talk about “Synseer,” “we,” “our,” or “us” in this policy, we are referring to Synseer Limited, the company which owns and provides the Services, registered in England and Wales under company number 09574973 and with registered office address at:
30 Gay Street,
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.
In order to use the Service you will need to create an account. You must be 18 (eighteen) years of age or over (“Minimum Age”) to create an account, and you confirm that you are legally capable of entering into binding contracts.
Acceptance of these terms
The Service is available only to individuals who meet the Minimum Age and if you do not meet this requirement, you must not 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.
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 useby persons strictly and exclusively invited and authorised by the Customer to use such Site, Service and any Content,includingyour customers, 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, statutes, codes and regulations as may be in force from time to time.
The Service is intended for use described above only and may not be used in connection with any other commercial activities except those that are specifically 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. Availability of some of the Service may depend on your internet service and device capabilities. You are responsible for all internet access and data charges. As a result, Synseer is unable to make any warranties about the Service in these respects. You should also 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 knows your login credentials, you must promptly notify us at once via email@example.com and change your login details.
You agree to, at all times, use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations (including any applicable codes of practice), or other restrictions on use of the Service or Content therein, and you will 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;
- impersonate any other person (including using another User’s account), conduct yourself in a manner or behave in a manner which is unlawful, offensive, or which may harass, defame, bully or intimidate any other person;
- use false email addresses or any other means to mask your identity;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content, Site or Service protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the Content of the Services in any way; or, use any data mining, data gathering or extraction method;
- do or omit to do anything which would bring us, the Service, our suppliers, licensors, distribution partners or other Users into disrepute or in any way damage our or their reputation; or
- interfere with another Users’ use and enjoyment of the Service or the Content in any other manner that could damage, disable, over burden or impair the Service or the Content.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
Synseer may remove any Content 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 for no reason at all.
As a condition of using the Service, you will be required to register with Synseer by providing information as specified during the registration process including your email address (the “Synseer UserID”) and selecting a password.
Synseer reserves the right to refuse registration of, or cancel a 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. Your Synseer password should be changed no less frequently than every six (6) months; if you are unsure how to do so, please contact us for details by sending an email to firstname.lastname@example.org.
You will immediately notify Synseer in writing of any unauthorised use of your account, or other Service-related security breach of which you are or should have been reasonably aware. You can do this by sending an email to email@example.com.
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.
Any content or material that you upload to or transmit using the Service must not:
- be or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
- belong to a third party or constitute confidential information belonging to a third party, unless you have that third party’s prior written consent;
- use an unreasonable or disproportionate (in Synseer’s sole discretion) amount of bandwidth which may interfere with the Service’s computing, storage or communications infrastructure. In the event that the bandwidth used by you for traffic to and from the Service exceeds our caps or fair use or is deemed by us to affect the performance of the Service, we may suspend, restrict or terminate your account.;
- not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere the functionality of any computer software, hardware, or telecommunications equipment associated with the Service or to damage or obtain unauthorised access to any system, data or other information of Synseer or any third party;
- not infringe any proprietary rights of any third party including any patent, trademark, trade secret, copyright moral rights, database right, design right, rights in passing off, rights of privacy, publicity, confidence or other right under data protection legislation or other intellectual property law;
The Customer retains and owns all right, title and interest in and to its trade marks, service marks, logos and other distinctive brand features of the Customer, and all derivatives, enhancements and modifications thereof and all intellectual property subsisting therein.
You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
Our Intellectual Property Rights
This above-mentioned list is meant to be inclusive and not exclusive. Such rights will include, to the extent permissible by applicable law, any and all rights of privacy, publicity and moral rights.
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 suggests any form of association, approval or endorsement by us.
If you have purchased a paid Service, you expressly agree to the payment terms as set out in the applicable Customer Licence Agreement and any other charges that may apply to your use of the Synseer Site and/or Service.
Please refer to your Customer Licence Agreement for details of payment terms that apply to you. Please note that Synseer does not offer refunds or credits for partial months of service or refunds for months where a User account was open but not used.
You will provide Synseer with all necessary and accurate payment or invoicing information, and promptly notify Synseer of any changes to the same, and (unless otherwise agreed in your Licence Agreement) you authorise Synseer to charge you using your preferred method of payment for all purchased subscriptions and renewals.
Synseer may, with or without notice, degrade, reduce, suspend or (after seven (7) days of non-payment of any undisputed invoice) terminate the Customer’s access (including access of any Users engaged or employed by such Customer) to the Service.
Cancellation and termination
You are solely responsible for cancelling your account. You can cancel the account by sending an email to firstname.lastname@example.org. 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(s) or your access to your account, and may lead to a permanent deletion of all Content in your account. Synseer reserves the right to refuse service to anyone for any reason at any time. Further detail on the process and consequences of account cancellation and termination are provided in each Customer’s individual licence agreement.
Third party sites
The Service may contain links 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 third party content, goods or services available on or through any such website or resource.
The Service, Site and all Content, products and services included in or available through the Site, are provided on “as is” and “as available” basis.
Unless otherwise stated in your Licence Agreement, the Service and any content, materials and products and services associated with the Service 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.
In particular, Synseer and its partners, suppliers and content providers do not warrant that:
- Any content, including, without limitation, any results, data, or information obtained through the Service will be accurate, reliable, or complete;
- The Service will be secure or available at any particular time or location;
- Any defects or errors will be corrected;
- The content is free of viruses or other harmful components;
- 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 relation to any content, submissions, opinions, advice and all other information expressed or posted by Users of this site.
International and non-UK use
Synseer makes no representation that the Service is appropriate, available for use or compliant with the laws in force in locations outside of the United Kingdom, and accessing the Service is prohibited from territories where such Content is illegal.
Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, authorised representatives of each party shall meet within fourteen (14) days and attempt in good faith to resolve such Dispute.
You and Synseer agree that any cause of action arising out of or related to the Service must commence within two (2) yearsafter the cause of action arose; otherwise, such cause of action is permanently barred.
Integration and severability
Any notice shall be deemed to have been delivered:
- if sent by hand, when delivered;
- if by first class post, five (5) days after posting; and
- if by e-mail, as soon as the e-mail was sent, unless the party sending the notice knows or ought reasonably to suspect that the e-mail was not delivered to the receiving Party’s e-mail address.
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.
Copyright Infringement Policy
Synseer has adopted the following policy toward copyright infringement.
Synseer’s address to receive notification of claimed infringement 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 Site or Service infringes copyright, please send a notice of copyright infringement form or otherwise, containing the following information to Synseer:
- 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 are claimed to be infringed;
- Identification of the submissions or content that is claimed to be infringing copyright 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 of 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 are/is not authorised by the copyright owner, its agent, or the law; and
- A sworn affidavit that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner.
2. Once a bona fide infringement notification is received by Synseer, 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 provider’s, member’s or User’s access to the Service.
Please submit your notice to Synseer.
3. Procedure to supply a counter-notice to Synseer: 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 Synseer:
- 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 provider’s, 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 of England and Wales, and that such person or entity will accept service of claim and any other correspondence from the person who provided notification of the alleged infringement.
Please submit your counter-notice to Synseer at the address specified below.
If a counter-notice is received by Synseer, 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 at the following address:
30 Gay Street,
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. Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you in connection with your Licence Agreement. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
In any event, our combined liability will in no case exceed the sums paid to Synseer for Services in the 12 months preceding the loss or damage.
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.
Users registered with the Service are under the direction and control of the Customer. Synseer provides decision-making and collaboration tools only and you agree that Synseer has no responsibility for any other aspect of service delivery or interaction between Users and bears no liability with regards to User decisions made, actions assigned and/or resulting conclusions, assumptions and business decisions taken by the Customer.
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:
30 Gay Street,
Please feel free to e-mail us on: email@example.com or contact us via post using the address as mentioned above.