1. ABOUT OUR TERMS

Important Notice: These MySyn Sites and Services Terms and Conditions (the “Terms”) contain a binding arbitration provision and waiver of jury trials and class actions governing disputes arising from use of the MySyn Site and Services. It affects Your legal rights as detailed in the “Mandatory Arbitration & Waiver of Class Action” section below. Please read carefully.

These Terms govern access to and use of MySyn (“MySyn,” “We,” “Our” or “Us”) websites, products, and services (collectively, the “Services”) by individuals or entities who are any of the following (collectively, “You,” “Your” or “Yourself”):

  • General website visitors to www.mysyn.ai and/or other URLs owned or operated by elint AI for the same purpose (each a “Website Visitor”);
  • Subscribers or licensees to one or more of Our products or services (“MySyn Services”) (each, a “Customer”); and
  • Users of MySyn Services, including Authorised Users (as defined below) of Customer Accounts and MySyn Service end users (each, a “User”).

By using the Site, You accept these Terms (whether on behalf of Yourself or a legal entity You represent).

If You are a Customer and have a Master Services Agreement or other similar agreement in effect with MySyn (the “Corporate Terms”), then these Terms apply to the extent Your use of the Site, including any of the MySyn Services not already governed by such Corporate Terms. These Terms are intended to govern agreements with business or corporate Customers. These Terms shall not apply to You if You wish to obtain MySyn Services for personal use as a consumer (as defined by applicable consumer protection laws) and You shall not be entitled to avail Yourself to any rights herein.

By accessing, using, or downloading any material from the Site, You agree to follow and be bound by these Terms. If You do not agree to these Terms, You are Not authorised and must cease using the Site immediately.

1.1 Definitions:

Authorised Users: means the person(s) identified by You via the Service who will be eligible to receive the Documents;

Confidential Information: means information (whether or not recorded in documentary form or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of MySyn and information provided to You in relation to, or for the purposes of providing, the Service including, without limitation, Personal Data, technical data and know how, trade secrets, intellectual property rights, computer software, computational methodologies and decisional analysis, facilities, costs, operations and maintenance procedures, strategic, tactical and negotiating information, information supporting litigation or administrative proceedings, client lists and databases and other financial, technical or commercial information relating to MySyn, Our affiliates, suppliers and/or Licensors;

Data Protection Laws: means: (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a party is subject; and (b) any code of practice or guidance published by applicable regulatory authority from time to time;

Document: means any document (or part thereof) in the formats set out on the Website (such formats including Docx, jpeg, mp4 and mp3) and uploaded by You on the Service;

Fees: has the meaning given to such term in clause 4.1;

Intellectual Property Rights: means rights such as: copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind whether they are registered or unregistered (anywhere in the world);

KYC: means the Know-Your-Customer checks to be conducted on You and any Recipients;

Licensor: means the owner of the proprietary rights and interest in and to any software which We have a licence to use and/or integrate with the Service

Personal Data: has the definition given to such term in the Privacy Policy;

Privacy Policy: means the policy, which governs how We process any Personal Data collected from You and processed by Us in relation to the Service;

Service: has the meaning set out at the top of these Terms and Conditions.

Term: has the meaning given to such term in clause 18.

2. REGISTERING AND CREATING AN ACCOUNT

2.1 To use the Service for a prolonged period, You will be required to register and create an account. To register and create an account, You will need to undertake the following steps on the Website:

  • Complete the registration details;
  • Complete the e-mail ID verification process.
  • Complete KYC verification processes

2.2 You hereby acknowledge and agree that only once You have completed all the above listed steps and paid Your Fees will You be able to use the Service. We may, at Our sole discretion and without explanation, cancel or suspend the account creation process.

2.3 You hereby warrant, represent, and undertake that the information provided as part of the account creation process is true and accurate in all respects.

3. USING THE SERVICE

3.1 You agree that You are solely responsible for:

  • All documents and information uploaded on the Service and ensuring that all such information is complete, accurate, and are adhering to all applicable laws.
  • All costs and expenses You may incur (including Fees) in relation to Your use of the Service;
  • All aspects of account security, as more particularly described in clause 10;
  • Ensuring that You have taken all reasonable and necessary precautions to protect Your computer systems and the Service from harmful and/or destructive content, such as viruses, worms and trojan horses;
  • Keeping Your password(s) and other account details secure and confidential; and
  • Ensuring that Your use of the Service from any location follows all applicable local laws.

3.2 You hereby warrant, represent, and undertake that You are the owner of, and/or have all rights, consents, permissions, approvals, and authorisations to upload the Documents and any other information to the Service.

3.3 We reserve the right, at Our sole discretion, to:

  • Make any modifications to the Service at any time;
  • Delete any information uploaded by You to the Service and/or return them to You;
  • Amend the Fees chargeable for use of the Service (if any); and
  • Change, suspend or discontinue all or any aspect of the Service, at any time without prior notice or liability.

3.4 We seek to make the Service as accessible as reasonably possible. If You have any difficulties using the Service, please contact Us info@mysyn.ai

4. PAYMENT

4.1 At the time of account creation, You will be asked to pay the Fees for Your use of the Service. The Fees are payable through multiple payment methods. We process payments via a third-party secure payment processing service. The Fees are non-refundable and are exclusive of any taxes, including value added taxes, or other charges which shall be separately chargeable in addition to the Fees.

4.2 By paying the Fees, You warrant, represent and undertake that all payment information You provide to Us is true and correct (including, without limitation, Your card payment information and name), that any card transactions submitted by You are authorised, and that You are the legal holder of any card used to pay the Fees. If, in Our sole discretion, We determine that: (i) Your means of payment are not valid; (ii) a transaction is not authorised; (iii) Your means of payment cannot be processed or verified at the time of any charge; or (iv) a charge is disputed for any reason, We reserve the right to immediately terminate any pending transactions, suspend Your access to the Service, and/or terminate all of Our obligations hereunder.

4.3 By paying the Fees, You consent to receiving e-mail communications from Us regarding Your transaction, including purchase receipts, notices, or transactional messages. You agree that all agreements, notices, disclosures, and other e-mail communications that We provide to You electronically satisfy any legal requirement that such communications be in writing, and that You may retain copies of these communications for Your record keeping purposes. Further, You acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and paper copies of receipts will not be provided.

5. UPDATES & COMMUNICATIONS

5.1 We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in Our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Site with a “last updated” date. Please review this website on a regular basis to obtain timely notice of any revisions. If You continue to use the site or MySyn services after the revisions take effect, You agree to be bound by the revised terms. You agree that We shall not be liable to You or to any third party for any revision to the Terms.

5.2 You agree to receive all communications, correspondences, and notices that We provide in connection with Our Site, including any MySyn Services , including, but not limited to, marketing and promotional messages related to Us or MySyn Services, correspondence regarding Our delivery of MySyn Services, and providing You information related to Your purchase of or subscription to MySyn Services (“Communications”), via electronic means, including by e-mail, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Site. To the fullest extent permitted under applicable laws, You agree that all Communications We provide to You electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and You agree to the extent You are a Customer to keep Your Account contact information current.

5.3 You may unsubscribe from any marketing communications at any time in accordance with the procedure set out in Our Privacy Policy.

6. PERMITTED USE

6.1 You are only permitted to use the Services for Your own internal purposes, for the Service’s intended purpose, and in accordance with the Service’s intended functionality. All other use without Our prior written consent is prohibited, including without limitation:

  • Using the Services for any purpose relating to the design, programming, implementation, or operation of any alternative or competing product or service, whether used for internal purposes or made available to others;
  • Making the Services available to any other person or incorporating the Service into any other service or website operated by You or by any other person;
  • Using the Services to provide similar functionality or services to any other person.

6.2 You must not use the Services in violation of any applicable law or regulation and You should always carefully consider what You are planning to upload on the Service.

6.3 By using the Services, You specifically agree not to engage in any activity or transmit any information that, in Our sole discretion:

  • Is illegal, or violates any federal, state, or local law or regulation;
  • Advocates illegal activity or discusses illegal activities with the intent to commit them;
  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit, or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
  • Interferes with any other party’s use and enjoyment of the Site;
  • Attempts to impersonate another person or entity;
  • Is of a commercial nature in a way that violates these Terms, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes, or other advertising materials;
  • Falsely states, misrepresents, or conceals Your affiliation with another person or entity;
  • Accesses or uses a MySyn Services account of a Customer without such Customer’s permission;
  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
  • Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site, or the servers or networks connected to the Site;
  • “Hacks” or accesses without permission Our proprietary or confidential records, those of another user, or those of anyone else;
  • Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
  • Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site, except as expressly permitted in these Terms or by law, unless and then only to the extent permitted by applicable law without Our consent;
  • Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;
  • Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • Modifies, copies, scrapes, or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercialises any materials or content on the Site;
  • Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site, by any means except as provided for in these Terms or with the prior written consent of MySyn; or
  • Attempts to do any of the foregoing.

If You believe content on the Site or any activity by an individual or entity violates the above restrictions, please contact us at info@mysyn.ai

7. OWNERSHIP, USE & INTELLECTUAL PROPERTY RIGHTS

7.1 Intellectual Property: The Site contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties.

  • You agree to abide by all applicable copyright and other intellectual property laws, as well as any additional proprietary rights notices or restrictions contained on the Site. You acknowledge that the Site contains valuable intellectual property of MySyn and its licensors. All present and future rights in and to any and all intellectual property or other proprietary rights of any type, including without limitation information, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to such intellectual property, shall, as between You and MySyn, at all times be and remain the sole and exclusive property of MySyn and its licensors. Any rights not expressly granted in these Terms or otherwise in writing between You and MySyn, are reserved by MySyn, and any unauthorised use of any intellectual property regarding the Site is strictly prohibited.
  • The trademarks, logos, taglines, and service marks displayed on the Site (collectively, the “Trademarks”) are registered and/or unregistered Trademarks of MySyn and its licensors. The Trademarks may not be used in any advertising or publicity, or otherwise to indicate MySyn's sponsorship of or affiliation with any product, service, event, or organisation without MySyn's prior express written permission.
  • MySyn respects copyright law and expects its users to do the same. If You believe that any content or material on the Site may infringe copyrights You own, please notify us at info@mysyn.ai.

Nothing in these Terms grants You any legal rights in/to the Service other than as necessary to enable You to access and use the Service. You hereby agree not to circumvent or delete any notices contained on the Service (including any Intellectual Property Rights notices) and in any digital rights or other security technology embedded or contained within the Service.

7.2 License Restrictions: Information, including software that may be available for downloading through the Site or third-party websites or applications (“Software”) is the copyrighted work of MySyn, its licensors, and/or such other respective third-party providers. Use of the Software is governed by these Terms and such license and/or other terms as may be required directly of You by the third-party providers. Unauthorised reproduction or distribution of the Software is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted.

7.3 Submissions of User Content:

  • Submissions: The Site may enable You to submit, post, upload, or otherwise make available (collectively, "Post") content such as questions, public messages, ideas, product feedback, comments, and other content (collectively, "User Content") that may or may not be viewable by other users. If You Post User Content, unless We indicate otherwise, You grant Us a nonexclusive, royalty-free, and fully sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such User Content for that user’s personal use. You grant Us the right to use the name and other information about You that You submit in connection with such User Content. You represent and warrant that: (a) You own or otherwise control all the rights to the User Content that You Post; (b) the User Content You Post is truthful and accurate; and (c) use of the User Content You Post does not violate these Terms or any applicable laws. For the avoidance of doubt, User Content does not include any document or other data a Customer or User uploads for processing by any MySyn Service account environment.
  • Screening & Removal: You acknowledge and agree that We may or may not, at Our discretion, pre-screen User Content before its appearance on the Site, but that We have no obligation to do so. You further acknowledge and agree that We reserve the right (but do not assume any obligation) in Our sole discretion to reject, move, edit, or remove any User Content that is Posted to the Site. Without limiting the foregoing, We have the right to remove any User Content that violates these Terms or is otherwise objectionable in Our sole discretion. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User Content, and You agree that You must evaluate and bear all risks associated with Your use of User Content or Your reliance on the accuracy, completeness, or usefulness of User Content.

8. SOFTWARE

8.1 Software may be made available for You to download to help the Service work better or to assist You in Your use of the Service. You may only use such software if You agree to be bound by the terms and conditions that apply to such software. You will be made aware of any terms and conditions that apply to the software when You try to download it. If You do not accept such terms and conditions, You will not be allowed to download the software, and this may affect Your use of the Service. You should read any terms and conditions carefully to protect Your own interests (they may contain provisions that set out what Your legal rights are, what Your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to You).

8.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

9. SERVICE SUPPORT

We will provide You with Service support to assist You with using the Service. Service support will be accessible via, and on the terms set out on, the Website.

10. ACCOUNT SECURITY

10.1 You are responsible for maintaining the security of Your account, Your password and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account and Your use of the Service.

10.3 You must immediately notify Us of any unauthorised use of Your account, including any unauthorised use of Your username and password or any other breaches of security by emailing info@mysyn.ai. You will provide Us with all reasonable assistance to document, investigate and mitigate the effects of any unauthorised use of Your account or other breaches of security.

11. ACCURACY OF INFORMATION ON THE WEBSITE AND AVAILABILITY OF THE SERVICE

11.1 While We try to make sure that the information on the Service is accurate and up-to-date and the Service is free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Service will always be fit or suitable for any purpose. In particular, We do not guarantee the suitability of the Service for Your requirements.

11.2 While We try to make sure that the Service is available for Your use, We do not promise that the Service is always available, nor do We promise the uninterrupted use by You of the Service.

12. HYPERLINKS AND THIRD-PARTY SITES

The Service may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that We endorse that third party's website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

13. LIMITATION ON OUR LIABILITY

13.1 The service is provided to You on an “as is” basis, without warranty of any kind. To the maximum extent permitted by applicable law, We hereby disclaim all warranties, express, implied, statutory, or otherwise, including, without limitation, implied warranties of fitness for a particular purpose, marketability, title, quality, and non-infringement. We expressly disclaim any warranties of any kind with respect to the accuracy or functionality of the service, or the accuracy, validity, or completeness of any information available through the service.

13.2 In no event shall We, Our processors, suppliers, or licensors (or Our or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of, the service (including, without limitation, any failure to provide documents to recipients in accordance with these terms). Under no circumstances will We be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the service. These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if We have been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.

13.3 Subject to clauses 13.1 and 13.2 above, Our maximum aggregate liability under or in connection with these Terms and Our provision of the Service (including, without limitation, as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to a sum equal to the total Fees paid by You for Your use of the Service.

14. INDEMNITY

14.1 You hereby agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: (a) Your use of this Service; or (b) Your breach of these Terms or any other terms referenced herein or (c) Your breach of any applicable laws or Your violation of the rights of a third party.

14.2 For the purposes of these Terms, “Indemnified Parties” means Us, Our affiliates, Our suppliers and Our Licensors, and their respective officers, directors, owners, agents, employees, contractors, information providers and copyright owners.

15. FORCE MAJEURE

Except for any payment obligations, neither You nor We will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

16. CONFIDENTIALITY

16.1 To the extent that You receive any Confidential Information from Us pursuant to these Terms or otherwise through Your use of the Services: (i) You agree to protect the Confidential Information from unauthorised dissemination and use, using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care; (ii) You will not use the Confidential Information for purposes other than those necessary for Your use of the Services; and (iii) except as expressly permitted under these Terms, You will not disclose to any third party Our Confidential Information without Our prior written consent.

16.2. Restricted Use and Nondisclosure. During and after the term, with respect to Our Confidential Information You will: (a) use Our Confidential Information solely for the purpose for which We provided it; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to Your affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorised use and disclosure to the same extent (but using no less than a reasonable degree of care) that You protect Your own Confidential Information of a similar nature.

16.3. Required Disclosure. If You are required by law to disclose Our Confidential Information, You will give Us prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process and assist Us to obtain where reasonably available an order protecting Our Confidential Information from public disclosure.

16.4. Ownership. Notwithstanding any other provision of these Terms, You acknowledge that, as between You and Us, all Our Confidential Information You receive from Us, including all copies thereof in Your possession or control, in any media, is proprietary to and exclusively owned by Us. Nothing in these Terms grants You any right, title, or interest in or to any of Our Confidential Information, except as provided in these Terms. Any incorporation of Our Confidential Information into any of Your own materials will not render Our Confidential Information non-confidential.

17. PRIVACY & DATA PROTECTION

17.1 To the extent that any information provided to Us by You in relation to the Service (including any information contained in any Document) constitutes Personal Data within the meaning of the Data Protection Laws, We agree to process such Personal Data in accordance with Our Privacy Policy or as otherwise agreed with You, and otherwise to comply with the Data Protection Laws as regards to such Personal Data.

17.2 You hereby acknowledge and agree and that You have reviewed Our Privacy Policy which sets out how We will process Your Personal Data as part of the Service.

18. TERM & TERMINATION

18.1 Subject to Your payment of the Fees, and Your compliance with these Terms, You will be able to use the Service commencing on the date of Our payment receipt confirming that the Fees have been successfully paid, unless Your use of the Service is otherwise terminated earlier in accordance with these Terms (the “Term”).

18.2 We may, at any time and at Our sole discretion, terminate Your account and/or restrict, suspend, or terminate Your access to all or any part of the Service for any reason without prior notice or liability. Notwithstanding such termination or suspension, You will continue to be subject to these Terms. We shall not be liable to You or to any third-party for any modification, termination, suspension, or discontinuation of the Service.

18.3 If You wish to terminate Your account, You must notify Us via the Service and then exit the Service. Prior to exiting the Service, where applicable, You will be provided with the option to download any freshly created and yet to be downloaded cards with the Service.

18.4 Subject to clause 18.3 above, and following termination of Your account, for any reason, or the expiry of the Term, whichever is earlier, We will delete all Your information, including information input to create an account with the Service. Your information cannot be recovered once deleted.

19. WARRANTEES & DISCLAIMERS

19.1. The site and any information We supply You are provided “as is” and “as available.” Your use of the site and information shall be at Your sole risk. To the fullest extend legally possible, MySyn and its respective officers, directors, employees, members, shareholders, agents, affiliates, subsidiaries, and licensors (“MySyn parties”): (a) make no additional representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever; (b) expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title; and (c) do not warrant that the site or information are or will be error-free, will meet Your requirements, or be timely or secure. You will be solely responsible for any damage resulting from Your use of the site and/or information.

19.2. The MySyn parties make no warranties or representations that the site or information have been and will be provided with due skill, care and diligence or about the accuracy or thereof, and assume no responsibility for any: (i) errors, mistakes, or inaccuracies related to the site or information; (ii) personal injury or property damage of any nature whatsoever resulting from Your access to and use of the site or information; (iii) any unauthorised access to or use of Our site or information, and/or any and all personal information and/or financial information stored on the site; (iv) any interruption or cessation of transmission to or from the site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the site through the actions of any third party; (vi) any loss of Your data or other content from the site; and/or (vii) any errors or omissions in any of Your data or content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site. You will not have the right to make or pass on any representation or warranty on behalf of MySyn to any third party. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to You. In that event, such warranties are limited to the maximum extent permitted by and for the minimum warranty period allowed by the mandatory applicable law.

19.3. The MySyn parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and the MySyn parties will not be a party to or in any way responsible for monitoring any activities between You and third-party providers of products or services. You are solely responsible for all Your activities with other persons with whom You communicate or interact because of Your use of the site.

19.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in this Section 7 or below in Section 9. Accordingly, some of these limitations may not apply to You. If You are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 7 and Section 9 specifically do apply to You.

20. RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

21. BREACH

21.1 We shall apply the Terms in Our absolute discretion. In the event of Your breach of these Terms, any terms, or policies to which they refer or any applicable law, We reserve the right to terminate or suspend Your use of the Service and/or take any action We consider necessary to remedy the breach.

21.2 A decision to terminate or suspend Your use of the Service under clause 21.1 above can be appealed by following the procedure set out in clause 22 below.

21.3 No refunds of any sums paid to Us will be made if use of the Service is terminated or suspended under clause 21.1 above.

22. DISPUTES

22.1 We will try to resolve any disputes with You quickly and efficiently using Our complaints handling procedure.

22.2 If You and We cannot resolve a dispute using Our complaint handling procedure, We will:

  • let You know that We cannot settle the dispute with You; and
  • give You certain information required by law about how to seek recourse to further the dispute should You wish to do so

22.3 Please note that these Terms, their subject matter, and formation, are governed by the laws of India. You hereby agree that the courts and alternate dispute resolution centres in India will have exclusive jurisdiction relating to any dispute about these Terms, their subject matter, and formation.

23. SPECIFIC TERMS FOR MYSYN E-SIGNATURES

The following terms apply to all those who use the MySyn Platform for e-Signatures

23.1 Definitions:

“MySyn” means the on-demand electronic signature MySyn Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for documents via the Internet.

“Signer” means a person designated by an Authorised User to access and/or act upon the documents sent to such individual via MySyn.

“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by MySyn or its agents to make available the MySyn service via the Internet.

“Transaction Data” means the metadata associated with a document (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, e-mail addresses, and signature IDs) that MySyn may use to generate and maintain the digital audit trail required by MySyn.

23.2 Additional Usage Limitations & Customer Responsibilities

MySyn is conditioned on Your acknowledgement and agreement to the following:

  • MySyn facilitates the completion and/or execution of documents between the parties to those documents. Nothing in these specific Terms may be construed to make MySyn a party to any document processed through MySyn, and MySyn makes no representation or warranty regarding the transactions sought to be affected by any document;
  • Between MySyn and You, You have exclusive control over and responsibility for the content, quality, and format of any document. Without limiting the foregoing, all documents stored by MySyn on the System are maintained in an encrypted form, and MySyn has no control of or access to Your contents except to the extent access is requested in writing and made available by You to MySyn;
  • Certain types of agreements and documents may be excepted from electronic signature laws (e.g. Wills and agreements pertaining to family law in certain jurisdictions) or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. MySyn is not responsible or liable to determine whether any particular document is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures;
  • MySyn is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, MySyn is not responsible for or liable to produce any of Your documents or other documents to any third parties;
  • Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. MySyn does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements;
  • You undertake to determine whether any “consumer” is involved in any document presented by Your Authorised Users for processing, and, if so, to comply with all requirements imposed by law on such documents or their formation;
  • You agree that Your assigned Account Administrator(s) has the authority to provide MySyn with and accept from MySyn any required authorisations, requests, or consents on Your behalf with respect to Your Account;
  • You agree You are solely responsible for the accuracy and appropriateness of instructions given by You and Your personnel to MySyn in relation to Services, including without limitation instructions through Your Account as made by the assigned Account Administrator;
  • You may elect to utilise a digital certificate, service, or process that authenticates a Signer’s identity or the authenticity of a document as part of MySyn’s Services. If that digital certificate, service, or process is provided by anyone other than MySyn, even where the digital certificate, service, or process is chosen from a menu from within the MySyn Services, You agree that You are solely responsible for determining the reliability, validity, and legality of that third party digital certificate, service, or process and agree that MySyn is not responsible to determine whether any such digital certificate, service, or process is reliable, valid, or legal; and
  • You agree that if You are invited as an intermediary into another MySyn customer’s network, You shall be bound by the rules prescribed by that MySyn customer, and You agree to be liable for all Your acts or omissions because of Your use of the MySyn network.

Subscription Plans purchased on www.mysyn.ai may not be used in conjunction with MySyn APIs and are available for use with a limited number of integrations.

23.3. Document Storage & Deletion

Sending, Storage: During the Term, MySyn will send and store documents per these Terms of the Subscription Plan. However, MySyn may set and enforce limits for reasonable use to prevent abusive or unduly burdensome use of its Services. You, through Your Account

Administrator(s), may retrieve and store copies of the signed documents for storage outside of the System at any time during the Subscription Term when You are in good financial standing under these Terms, and may delete or purge Your contents from the System at Your own discretion.

Document Drafts: MySyn may, at its sole discretion, delete drafts or uncompleted documents from the System immediately and without notice upon the earlier of: (a) expiration of the document (where You have established an expiration for such document, not to exceed 365 days); or (b) expiration of the Subscription Term. MySyn assumes no liability or responsibility for a party’s failure or inability to electronically sign any documents within such a period.

Deletion: MySyn may delete an Account and Customer Data, including without limitation documents (whether complete or not), upon the expiration of the Subscription Term or termination. In addition, MySyn may delete document(s) in a Customer Account at the explicit direction of such Customer and such deletion may also result in the deletion of such document(s) from a Signer Account. Signer hereby acknowledges that any document(s) sent by another Customer to Signer shall be deleted from the Signer’s MySyn Account when such sending Customer initiates a purge of such document(s) from the sending Customer(s) Account. Signers acknowledge their responsibilities regarding Customer Data and hereby agree that they are solely responsible for maintaining, if desired, backup copies of the documents (including backup copies stored outside of the Platform) and further agree that MySyn is not responsible for: a) storing documents in a Signer Account after a sending Customer requested purge of such documents; or b) maintaining backup storage of documents on behalf of Signer.

Retention of Transaction Data: MySyn may retain Transaction Data for as long as it has a business purpose (which if required under applicable law, is covered by a legal basis) to do so.

Usage Data: With respect to these specific Terms, Usage Data may include, without limitation, any data models created, extrapolated, derived from, adapted, enhanced, or developed by MySyn using Your Data and Your Authorised User’s use of the MySyn Services, and any underlying data architecture, including, without limitation, the data infrastructure, schema, rules, components, specifications, methods or processes and components that dictate how data interacts and is organised, calculated or translated from various sources into one or more meaningfully defined data models and related security protocols as integrated and applies at each stage of data processing. Without limitation of any term in the Terms, MySyn may analyse Customer Data and Customer usage patterns using techniques such as machine learning to improve and develop MySyn’s current and future products, services, methods, and processes. Any output from such machine learning techniques, including the resultant machine learning models, is deemed Usage Data that is owned by MySyn. MySyn retains all right, title, and interest in and to the Usage Data, and any unauthorised use of Usage Data is strictly prohibited.

23.4. Information Security & Personal Data

Customer Responsibilities: MySyn provides You with certain features and functionalities that You may elect to use, including the ability to retrieve and delete Your documents in the System. You are responsible for properly: (a) configuring MySyn; (b) using and enforcing controls available in connection with MySyn (including any security controls); and (c) taking such steps, in accordance with the functionality of MySyn, that You deem adequate to maintain appropriate security, protection, deletion, and backup of Your Data, which include controlling the management of Authorised Users’ access and credentials to MySyn, controlling the Data that is Processed by MySyn, and controlling the archiving or deletion of documents in the System. You acknowledge that MySyn has no obligation to protect Your Data, including Personal Data that You elect to store or transfer outside of MySyn.

Information Security: MySyn will employ commercially reasonable technical and organisational measures that are designed to prevent unlawful or unauthorised access, use, alteration, or disclosure of Your Data.

23.5. Accounts & Organisational Administration.

Each Account is associated with a single e-mail address. If the domain of the primary e-mail address associated with an Account is owned by a business or other organisation (“Entity”) and was assigned to You as an employee, contractor or member of the Entity (“Entity e-mail Address”), then You grant that Entity and its Account Administrator(s) permission to: (a) identify Accounts created with an Entity e-mail Address; and (b) restrict or terminate access to an Account created with an Entity e-mail Address. You acknowledge and agree that MySyn may assist Entity with such administration.

23.6. Subscription Plans & Prices.

The prices, features, and options of MySyn depend on the Subscription Plan selected by You as well as any changes instigated by You. For example: (a) if You add Authorised Users, MySyn will charge the applicable subscription amount for each additional Authorised User; or (b) if You send more documents than are included in Your Subscription Plan, MySyn may charge for additional documents or assign You to a new Subscription Plan. You may also purchase optional services on a periodic or per-use basis. To the fullest extent permitted under applicable laws, MySyn may change the prices for or alter the features and options in a particular Subscription Plan without notice.

24. VARIATION

This version of the Terms is dated 1 June 2024. No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.

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MySyn is a one-of-a-kind, highly intuitive, and technologically advanced solution that takes e-Signature technology many steps further. It incorporates AI-powered advanced identity and KYC verifications, ensuring top-notch security. With seamless video conferencing features, blockchain technology (DLT), and meticulous audit trails, MySyn is the witness solution of the future!