Terms of Service

1. User Categories

The Services may be used in different ways by different categories of users. Through your use of the Services, you will be categorized as one of the following:

• "Member" – if you are an individual or organization using the Services under your own account to access the Sindo Services (defined below);
• "Visitor" – if you are an individual or organization providing information, reviews, comments, photos or other content through the Services.

(collectively, the "Users", or each a "User")

2. About Sindo Services

The "Sindo Services" enable Members with a platform including certain marketing automation and other tools to contact, obtain information and reviews from, and track relationships with end user customers, including Visitors. To obtain Sindo Services, you must register for a User Account. By enrolling for Sindo Services, you agree to pay such Sindo Services Fees (defined below) as invoiced in accordance with these Terms of Service.

3. Registration Data; Account Security

You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of the Services, you must register for an account. In consideration of your use of the Services, you agree to:

1. Provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); and
2. Maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete.

Upon providing Registration Data to us through the Services, you will provide account information (your "User Account"). You hereby agree to be fully responsible for:

1. All use of your User Account,
2. Any action that takes place using your User Account by any person or automated process,
3. Maintaining the confidentiality and security of the password to your User Account, and
4. Immediately notifying us upon any unauthorized use of your password or your User Account.

For greater clarity, Visitors are not required to create an account.

4. Content

In these Terms of Service, "Content" means all materials and content of any type, including, but not limited to, photos, graphics, illustrations, images, designs, profiles, messages, information, notes, text, information (including Registration Data), music, sound, video, articles, themes, code, and software.

5. User Content and Your License to Us

The Service permits you (or any person using your User Account) to submit, upload, provide, post, input, transmit, copy, make available, distribute, or otherwise transfer to us, or through the Services, Content ("User Content"). By providing User Content to or through the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You represent and warrant that you have all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, upload, provide, post, input, transmit, copy, make available, distribute, or otherwise transfer to us, or through the Services. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

6. Fees and Payment

Sindo Services Fees. The fees for Sindo Services ("Sindo Services Fees") are set out on the Website, or as otherwise agreed to between you and us in writing. We reserve the right to change the Sindo Services Fees at any time upon thirty (30) days' notice to you. Such notice may be provided at any time by posting the changes to the Website or via email.

Payment. You agree to pay all applicable Sindo Services Fees as they become due. All payments are non-refundable except as expressly set forth in these Terms of Service. You are responsible for paying all Sindo Services Fees and applicable taxes associated with your use of the Services.

Automatic Renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew, and you authorize us to collect the then-applicable Sindo Services Fees and any taxes for the renewed subscription period using any payment method we have on record for you.

7. Termination

Termination by You. You may terminate your User Account at any time by following the instructions on the Website or by contacting us at support@getsindo.com. If you terminate your User Account, you will remain obligated to pay all outstanding Sindo Services Fees, if any, incurred prior to termination.

Termination by Us. We may terminate or suspend your User Account or access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. If we terminate your User Account for cause, you will not be entitled to any refund of prepaid Sindo Services Fees.

Effect of Termination. Upon termination of your User Account, your right to use the Services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Intellectual Property Rights

The Services and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Sindo and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sindo.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT SHALL SINDO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00, OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.

11. Governing Law; Venue and Jurisdiction

You agree that the laws of the State of California, United States, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the State of California with respect to any dispute hereunder.

12. Indemnity

You agree to indemnify and hold Sindo and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, your use of the Services, your conduct in connection with the Services or with other Users of the Services, or any violation of (a) these Terms of Service, (b) any law, or (c) any right of any third party.

13. Electronic Communications

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account through your Registration Data or by posting notices on (a) the Service at-large, or (b) into your personal message centre available on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Copyright, Intellectual Property and Content Complaints

If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to our designated agent for copyright and other complaints:

By e-mail: support@getsindo.com
By regular mail:
Sindo Inc.
123 Business Avenue
Suite 456
San Francisco, CA 94103
United States

15. Other

These Terms of Service constitutes the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.

16. English Language

The parties have requested and agree that these Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soinet rédigés en anglais.