Revised on April 12, 2019
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and Syfer. If you do not agree with any part of the Terms, you may not use our Services.
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, (3) you are at least eighteen (18) years of age or that you are a valid legal entity, (4) the registration information you have provided is accurate and complete, and (5) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
1. Overview of Services; Disclaimer.
1.1. Overview of Services. [Syfer is an accessible security solution platform that incorporates advanced privacy and security measures in a user-friendly way.]
[MODIFY DESCRIPTION OF SERVICES]
1.2. Disclaimer. Syfer may update the Terms from time to time without notice. If you continue to use Syfer’s Services after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
3. Your Account
3.1. Subscription Syfer’s Services are available to you upon purchase of the Syfer hardware and registration of an account on the Site. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. Subscriptions are tied to the user at account creation and cannot subsequently be tied to a different user account. Syfer reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.
3.2. Your Account. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. You acknowledge and agree that you are solely responsible for protecting your password and for the consequences of not protecting such data. You shall use your best efforts to prevent unauthorized use of our Services and your account and shall promptly report to Syfer any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Syfer shall not be liable for any unauthorized use of payment accounts.
3.3. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Syfer (“Feedback”) to Syfer. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Syfer shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Syfer under any circumstances relating to such Feedback.
4. Acceptable Use Policy
Syfer’s Services may be accessed anywhere, so it is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with these Terms and applicable laws, regulations, and policies, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
You understand that it is your responsibility to keep your Syfer account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you shall inform us immediately so that we may revoke your account credentials and issue new ones.
Syfer aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, Syfer reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Syfer may terminate your account, without providing a refund for Services already paid, if you misuse the Service.
In using our Services, the following is a representative, non-exhaustive list of acts that are you are prohibited from :
- Send or transmit unsolicited advertisements or content (i.e., “spam") over the Service.
- Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
- Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
- Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
- Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
- Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Attempt to compile, utilize, or distribute a list of IP addresses operated by Syfer in conjunction with the Service.
- Use the Service for anything other than lawful purposes.
- Use, display, mirror or frame the Services or any individual element within the Services, Syfer’s name, any Syfer trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Syfer’s express written consent.
- Access, tamper with, or use non-public areas of the Services, Syfer’s computer systems, or the Syfer’s technical delivery systems.
- Attempt to probe, scan or test the vulnerability of any Syfer system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Syfer or any of Syfer’s providers or any other third party (including another user) to protect the Services or Content.
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, etc.) other than the software and/or search agents provided by Syfer or other generally available third-party web browsers.
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- Encourage or enable any other individual to do any of the foregoing.
Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Syfer are licensed, not sold. The Services, and all copies of the Services, are owned by Syfer or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Syfer reserves all rights not expressly granted to you herein. You agree that you have no right to any Syfer trademark or service mark and may not use any such mark in any way unless expressly authorized by Syfer. Usage of any material which is subject to Syfer’s intellectual property rights is prohibited unless you have been provided with explicit written consent by Syfer.
Syfer is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Syfer harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5.1. License Grant. Subject to your compliance with these Terms, Syfer grants to you a non-exclusive, revocable, non-transferable, non-sublicensable and limited license to download and use the Software. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not expressly authorized by Syfer is strictly prohibited. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Syfer.
5.2. Proprietary Rights in our Services. As between you and Syfer, Syfer owns and retains all proprietary rights in the Services. The Services contain proprietary content and information of Syfer and its licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Services and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on the Services) (“Syfer IP”) and is protected by copyright and other intellectual property laws. Nothing herein shall be construed as granting any license or right to use the Services or any materials contained on the Services, including any Syfer IP, except as expressly provided herein. You acknowledge that we will aggressively enforce our intellectual property rights with respect to the Syfer IP to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
6. Right to Restrict or Terminate Access
Syfer may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Syfer in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Syfer denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Syfer reserves the right to delete all of your content, data, and other information stored on Syfer’s servers. Syfer will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Syfer pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Syfer will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Syfer any amounts owed to Syfer.
We will strive to prevent interruptions to the Site and Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.
VPN service coverage, speeds, server locations, quality, and “Smart VPN” functionality may vary. Syfer will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Content blocking is not guaranteed. You acknowledge that the use of the Site or Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Syfer strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked by Syfer. In the event that you believe Syfer is miscategorizing a site or service, please contact customer support at [email protected] to submit the issue for review.
Syfer reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject Syfer or our customers to liability. Syfer disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
8. Limitations of Liability
NEITHER SYFER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT (THE “SYFER PARTIES”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR NETWORK INTERRUPTION OR IMPACT ON OTHER DEVICES OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYFER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE SYFER PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
IN NO EVENT WILL SYFER PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SYFER FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE EVENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SYFER AND YOU. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
You agree to indemnify, defend, and hold harmless Syfer, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
10. Dispute Resolution
10.1. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
10.2. Agreement to Arbitrate; Class Waiver; Waiver of Jury Trial. You and Syfer agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Syfer Service under the rules of the JAMS Arbitration Association in Atlanta, Georgia, with judgment upon the award rendered by the arbitrator to be entered in any court of competent jurisdiction. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Syfer Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED and you hereby waive any longer statute of limitations that may be permitted by law.
Notwithstanding the foregoing, you agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to us for which monetary damages would be inadequate. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies we may have at law or in equity
10.3. Attorney’s Fees. If Syfer does take any legal action against you as a result of your violation of the Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to, or use of, the Services as a result of any violation of the Agreement or for any reason at all.
11. Third-Party Terms & Content
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
If you are accessing the Services through an application from the Apple App Store, you and Syfer agree to the following additional terms:
- Syfer and you acknowledge that these Terms are concluded between you and Syfer only, and not with Apple, and Syfer, not Apple, is solely responsible for the Services and the content thereof. Syfer and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Syfer and you agree to be bound by the App Store Terms of Service as of the Effective Date (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
- You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- To the extent set forth herein or required by applicable law, Syfer is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- Syfer, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Syfer’ sole responsibility, to the extent not disclaimer herein.
- Syfer and you acknowledge that Syfer, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
- If you send SMS messages through Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you authorize Syfer to access your Address Book on your iOS product, you acknowledge and agree that Syfer may access and use such data to invite share job with your contacts.
12. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Syfer and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Syfer and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Syfer’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Syfer may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Syfer under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services or Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Syfer’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Syfer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. All rights and remedies available to Syfer, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Syfer. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Syfer, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
If you have any questions about these Terms or the Services, please contact Syfer at [email protected]