Synchron Terms of Service
Last Updated: October 30, 2023
Thank you for your interest in Synchron. These terms of service (“Terms”) are entered into by and between you and Synchron, Inc. (“Synchron,” “us” or “we”). The Terms, together with our Privacy Policy, located at https://synchron.com/legal/privacy-policy, govern your access to and use of https://www.synchron.com/, https://www.synchronbci.com/, and any content and functionality offered on or through the sites (collectively, the “Services”). Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.
Please read the Terms carefully before using the Services. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. By using the Services, you represent that you are at least 18 years of age and are legally authorized to enter into these Terms. If you use the Services on behalf of an entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity, and (b) you agree to these Terms on the entity’s behalf.
CAUTION––THE SERVICES PROVIDE INFORMATION CONCERNING AN INVESTIGATIONAL DEVICE, WHICH IS LIMITED BY FEDERAL (U.S.) LAW TO INVESTIGATIONAL USE. THE SERVICES DO NOT PROVIDE, AND NO CONTENT SHALL BE CONSTRUED AS, MEDICAL, CLINICAL, REGULATORY OR LEGAL ADVICE.
1. Access to and Use of the Services
Synchron reserves the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. From time to time, we may restrict access to the entire or some parts of the Services to users, including any registered users, if applicable. Synchron is not responsible for any loss or harm related to your inability to access or use the Services. You are responsible for making all arrangements necessary for you to have access to the Services.
You may be asked to provide certain registration details or other information in order to access the Services. All such information you provide through the Services must be accurate, complete and up to date. You agree not to provide any other person with access to the Services using your name, email, or other personal or security information. You agree to notify us immediately of any such unauthorized access or any other breach of security.
We have the right to disable any access, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
2. Feedback License
Synchron welcomes your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after these Terms are terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
3. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services. We may, with or without prior notice, terminate your access to or use of the Services, with or without cause (including for any breach by you of these Terms). In the event of any termination of any such access or use, these Terms shall survive such termination.
4. Intellectual Property Rights
The Services and all content, features and functionality accessible through the Services are owned by Synchron and its licensors and are protected by copyright, trade secret, patent, trademark and other U.S. and foreign laws. You acknowledge and agree that you will have no ownership rights therein.
Subject to your compliance with these Terms, Synchron grants you a limited, nonexclusive, non-transferable, non-sublicensable, non-commercial, revocable license to access and use the Services. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without Synchron’s prior written consent. You will not acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. You agree and understand that Synchron is not obligated to provide you with access to the Services.
The Synchron name and logo and all related names, logos, product and service names, designs and slogans of Synchron are trademarks of Synchron. You may not use any Synchron trademarks without Synchron’s prior written consent.
5. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You may not (i) reverse engineer, disassemble, decompile or otherwise reduce the Services or any software or technology provided to you in connection with the Services, to a human-readable form; (ii) disable or circumvent any digital rights management technology or content protection system used with the Services; (iii) use the Services in any manner that could damage, disable or impair the Services or interfere with any other party’s use of the Services; (iv) remove any proprietary notices from materials provided through the Services; (v) use the Services to impersonate or attempt to impersonate Synchron, its personnel, or any other person or entity; (vi) use the Services to engage in any other conduct that restricts any other person’s use of the Services; or (vii) otherwise access or use the Services in an unlawful or harmful manner. Any use of the Services not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.
6. Changes to the Services
We may update the Services from time to time, but the contents of the Services are not necessarily updated or complete. Any material available through the Services may be out of date at any given time, and we are under no obligation to update such material except as required by law.
7. Disclaimer of Warranties
To the fullest extent permitted by applicable law, Synchron makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available.” Synchron also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Synchron shall create any warranty. Synchron makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Under certain circumstances, some jurisdictions don't permit the disclaimers in this Section, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in the Terms affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYNCHRON OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
9. Changes to Terms
Synchron reserves the right to update these Terms at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. The “Last Updated” date above indicates when these Terms were last changed. Please review these Terms whenever you access or use the Services.
10. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Brooklyn, New York for all disputes arising from or related to Synchron or the Services. You agree that any cause of action or claim that you may have relating to the Services or these Terms must be made or instituted within one (1) year of the date when the cause of action or claim accrued.
11. Entire Agreement
Unless otherwise specified, the Terms and our Privacy Policy constitute the sole and entire agreement between you and Synchron with respect to the Services and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Services, including any prior versions of these Terms.