Terms of Use

General

This Terms of Use is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This Terms of Use does not require any physical, electronic or digital signatures.
This Terms of Use is a legal agreement between you and Syncsense Technologies Private Limited (“us”, “our”, “we”, “Company”) with respect to your access and/ or use of our website http://fourie.ai/, https://www.syncsense.ai/ (hereinafter, “Platform”) and/ or our Services (defined below) through the Company Application (defined below) and/ or through any of various mediums or devices now known or developed at a later date. The Company and User (defined below) are hereinafter collectively referred to as the “Parties” and individually as a “Party.”
All the capitalized terms are defined in these Terms of Use. For the purposes of this Terms of Use, the terms:
- “Company Application(s)” shall mean and include the software application(s) designed by the Company (including the algorithms, codes, designs, workflow) involving various interfaces to enable the Users to use our Services (including through cloud-based access, direct delivery, software-as-a-service basis, platform-as-a-service basis, etc.). It shall also include all materials related to above mentioned software application(s), and all customisations, modifications, releases and updates thereto.
- “Company Content” shall mean and include material/ content in the form of text, images, video, graphics, audio-visual works, and any other work or material available through, contained in, displayed at, communicated through, reproduced at or by the Platform and the Company Application, that is owned or licensed to the Company. It also includes the design, structure, selection, coordination, expression, look, feel and arrangement of the Platform and the Company Application.
- “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, epidemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
- “User” or “you” or “your” shall refer to a natural person(s) (who are over 18 years) or legal persons who access and/ or use our Platform and/ or our Services.
- “User Content” shall mean all materials, information, photography, writings, audios, videos and other content provided by the User to the Company (including those provided for use in the preparation of and/ or incorporation in our work product, and/ or provision of our Services).
What We do:
- Currently, we are a content localization platform, and we seek to democratize content creation and consumption across markets, without the barrier of language. Pursuant to the foregoing objective, we enable businesses to automatically transform their multimodal content into multiple languages at a fraction of the cost and time / at the click of a button.
- On the basis of the requirement of the Users, we either facilitate the Users to localize/ dub their content themselves; or we do it for our Users, via generative AI models. We offer localization services across several global languages and a diverse range of voices that cover both the male and female gender.
- The content localization services, and other ancillary and incidental services that we may provide to you, shall hereinafter be referred to as the “Services.” These Services will be delivered or deliverable by us to you, via the Company Applications (or via other delivery medium or devices now known or developed at a later date). The Services available to you may vary depending on the nature of your arrangement with us. Further, we may, at our sole discretion, add, modify, or remove any of the Services listed above, and/ or on our Platform/ Company Application(s), from time to time, without special notice to the Users.
- We will also enable you to create your personal profile and account with us (“Company Account”), so you can avail the Services via the Company Account. The other features of the Platform are provided here and here.
Access and use of the Platform and the use of our Services is only authorized subject to your compliance with these Terms of Use and all applicable laws. If you do not agree to these Terms of Use, you should not use our Platform and/ or Services. These Terms of Use shall apply whenever you access or use the Platform and/ or our Services. Please read the Terms of Use carefully. By accessing or using our Platform and/ or our Services, you agree that you have read, understood, and agree to be bound by the Terms of Use.
Upon your consenting to the Terms of Use and any other policies of the Company (which are incorporated by reference into this Terms of Use), and other arrangements executed with the Company (if any), the Company hereby grants you a limited, revocable, non-assignable and non-exclusive license to access and/ or use the Platform and/ or avail our Services, and the Company will use commercially reasonable efforts to provide you the Services. Further, the Company will make all reasonable efforts to provide Services within time frames estimated in writing by the Company, or if no such written estimate is given by the Company, we shall perform in accordance with our usual parameters for “standard turnaround,” subject to circumstances existing from time to time.
Any new features, tools, products or services which are added to the Platform and/ or Company Application, and/ or the subject matter of the Services shall also be subject to the Terms of Use. However, certain additional services and/ or products which are not included in the Services, may be chargeable, and the Users may be required to pay separately for such additional services/ products.
Further, from time to time, the Company may provide upgrades, patches, enhancements, or fixes for the Platform/ Company Application/ Services without additional charge (collectively, “Updates”), and such Updates will become part of the Services. Notwithstanding the foregoing, the Company shall have no obligation to provide any such Updates. Users understand that the Company may cease supporting old versions or releases of the Platform/ Company Application/ Services at any time in its sole discretion.
You can review the most current version of the Terms of Use at any time on the Platform. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/ or changes. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of or access to the Platform and/ or use of the Services following the posting of any changes constitutes your acceptance of those changes. Deviations from and/ or additions to these Terms of Use are only valid if agreed to explicitly by the Parties.

Company Account

You represent and warrant that all the information you provide in connection with the Company Account is accurate, and it is your responsibility to ensure the accuracy of all such information, at all times. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
Your Company Account with us is personal to you, and you may not share your account information with, or allow access to your Company Account by, any third party. You will be responsible for all activity that occurs under your Company Account credentials, and you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Company Account credentials. If you have any reason to believe that there is any breach of secrecy with regard to your Company Account or that your account has been accessed by a third party, you agree to immediately notify us.

Company Rights

You understand, agree and acknowledge that the Company solely and exclusively owns all rights, title and interest, including rights in intellectual property such as trade mark rights, copyright, patents, trade secrets, design rights (wherever applicable) and any other rights whether recognised by law or business practice or otherwise, whether vested, contingent or future, and whether or not currently recognised in any jurisdiction in the world (expressly including any and all renewals, revivals, revisions and extensions rights thereof) which subsist in or arise in relation to our business, operations, technologies, algorithms, Company Content, Platform, Company Application(s) and/ or Services. Nothing in these Terms of Use shall be construed to mean that you or any third party have any right, title or interest whatsoever in relation to the foregoing, except the limited, revocable, non-assignable and non-exclusive license to access and/ or use the Platform and/ or avail our Services in accordance with these Terms of Use and other Company policies.

User Obligations

Users accept that they are responsible for verifying that the Services are suitable for their needs. Users further confirm that they own or are legally entitled to possess and use such User Content and hereby grant to us, a non-exclusive, royalty free license, and to allow us and our employees, contractors, and agents to, use, copy, modify, and create derivative work of the User Content solely for purposes of providing the Services.
Where applicable, Users shall supply to us in a timely manner, all User Content reasonably necessary to enable us to provide the Services. We shall not be responsible for any delay or failure to perform Services which is caused by the Users’ delay or failure to provide User Content or to fulfill any other obligations that the Users are mandated to undertake under these Terms of Use, or under any agreement that the Users may have executed with us. Users’ failure to supply the foregoing when reasonably required by us shall relieve us of any obligation to perform Services to a previously agreed schedule.

Payment of Fees

Where applicable, you are required to pay fees or applicable charges to the Company on payment terms agreed with the Company, towards our Services and your access to, and use of, the Platform. Further, the Users shall undertake their payment obligations in a timeline manner.
Company reserves the right to change the fees or applicable charges and to institute new charges and fees at its discretion, upon thirty (30) days prior notice to User (which may be sent by email). If User believes that Company has billed the User incorrectly, User must contact Company no later than sixty (60) days from the date of issue of the billing statement (or the date of invoice, as the case may be) in which the error or problem appeared, in order to receive an adjustment or credit. User shall be entitled to pro-rated refund of fees only in the event of termination of this Agreement by the User for material breach by Company.
Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services. Users shall be responsible for all taxes associated with Services.
If any monthly payment is seven (7) or more days late, the Company may downgrade the User’s account and Services to a “free” version, if any is offered by the Company, with no pro-rating if payment for such applicable period is later made by the User, or suspend access to the Services.

Cancellation / Refund

In the event the User desires to cancel any order for Services prior to completion, the Company may (in its sole discretion) agree to such cancellation. If the Company agrees to such cancellation, the User shall pay to the Company the fees for all work completed as reasonably determined by the Company, in addition to all expenses and costs incurred by the Company.

User Content

Users shall be responsible for obtaining and maintaining any equipment needed to connect to, access or otherwise use the Services, including, without limitation, computer, laptop, netbook, tablet, other mobile device, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Users shall also be responsible to ensure that the Equipment meets all the necessary technical specifications and is compatible with our Platform and/ or Company Application to enable your access and use of the Platform and/ or our Services. The Users shall also be responsible for maintaining the security of the Equipment, Company Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Company Account or the Equipment with or without the User’s knowledge or consent.
You are solely responsible for any and all User Content displayed on, or uploaded/ transmitted via the Platform and/ or the Company Application(s), and the Company disclaims all liability and responsibility even if the Company enables you with the uploading of such User Content onto the Platform and/ or the Company Application(s).
Users are not permitted to upload, transmit, distribute or otherwise publish through the Platform and/ or the Company Application(s), any content or comments which inter alia are, and/ or could be considered, to:
- be defamatory, obscene, pornographic, threatening, invasive of privacy, infringing / violative of intellectual property rights, proprietary rights, publicity rights or any other rights;
- be abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law;
- belong to another person and to which the User does not have any right;
- be grossly harmful, offensive, harassing, blasphemous, paedophilic, hateful, , disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- be discriminatory in any manner whatsoever, including in relation to race, ethnicity, sex/ gender/ sexual orientation, disability, color, religion/ sect/ caste, body type, social status, class, etc;
- harm minors in any way;
- deceive or mislead regarding the origin of such messages/ content/ comments;
- impersonate another person;
- contain software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer resource; and
- threaten the unity, integrity, defense, security or sovereignty of country in which they are residing or availing the Services from, friendly relations with foreign states, or public order or cause incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.

Use of Platform / Company Application

You agree to use the Platform and/ or the Company Application(s) only: (a) for purposes permitted by the Terms of Use; (b) in accordance with the applicable laws, regulations or generally accepted practices or guidelines; (c) in compliance with Company’s standard published policies then in effect; and (d) for availing the Services. You agree not to engage in activities that may adversely affect the use of the Platform and/ or the Company Application(s) by us or other users.
You agree not to access (or attempt to access) the Platform and/ or our Services by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, device, software, internet site, web-based service, or other means to access, acquire, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any Company Content or anything subject to our rights or create any derivative work and/ or content based on any content or rights which is not owned by you or interfere with, or circumvent any right associated with the Company or monitor any portion of the Platform or Company Application(s), or in any way reproduce or circumvent the navigational structure or presentation of the Platform or and/ or the Company Application(s), obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform and/ or the Company Application(s).
You agree that your use of the Platform and/ or the Company Application(s) may give you the opportunity to view, publish, transmit, submit post/ queries and/ or comment in accordance with these Terms of Use. You undertake that you shall not misuse the content that you access and view, including without limitation, download/ store the content by illegal/ non-permitted means, or infringe any of Company’s/ its licensors’ or other users’ intellectual property.
You understand and agree that in case the Platform and/ or the Company Application(s) allows you to download or stream any of the content not owned by you, you will not use, sell, transfer or transmit the content to any person or upload the content on any other website, webpage or software, which may violate/ cause damages or injuries to any of our rights/ rights of our affiliates/ our licensors and/ or other users including privacy rights, publicity rights, and rights in intellectual property. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Platform and/ or the Company Application(s) in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using the Platform.
You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to use the Platform and/ or the Company Application(s) for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any other users of the Platform.
You will not, nor allow third parties on your behalf to: (i) resell or charge others for use of or access to the Platform or any Company Content or our Services; (ii) duplicate, alter, modify, disassemble, decompile, copy, distribute, transfer, exchange or translate the Company Content or any part thereof, in any medium, or create derivative works of the Company Content, of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Company Content; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any Company Application or related software, documentation or data related to the Services; or (iv) modify, translate, or create derivative works based on the Services or any Company Application or related software (except to the extent expressly permitted by Company or authorized within the Services).
You shall, at all times, comply with applicable laws at the time of using the Platform and/ or our Services. You will also ensure that all the employees, representatives and other users of the Platform and/ or our Services, accessing from your licenses with the Company, also adhere to these Terms of Use and the obligations mentioned herein. Although Company has no obligation to monitor Users’ use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of these terms or other obligations it may be bound by.
You understand that the Platform and/ or the Company Application(s) may contain third-party content submitted to us by other users or third parties. We expressly disclaim any liability arising out of the content contributed by such third parties/ users and/ or usage of products or services provided by such users/ third parties. The Platform and/ or the Company Application(s) may contain articles contributed by several users and the views expressed are exclusively their own and do not represent the views of the Company, its affiliates and/or its management. If the Platform and/ or the Company Application(s) provides links to other websites or destinations, you should not infer or assume that we operate and/ or control it. In such cases, you will be deemed governed by the terms of use and privacy policies of such third-party platforms. You agree and understand that the Company assumes no responsibilities for content on such third-party websites.
We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such third-party tools offered through the Platform and/ or the Company Application(s) is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Indemnification & Disclaimers

The User explicitly agrees to fully indemnify and hold harmless the Company and its employees, directors, owners, associates, licensors and affiliates from and against any and all actions, claims, charges, costs, demands, damages, losses, expenses, suits, proceedings, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss, whether or not pecuniary), incurred or suffered by any or all of them, directly or indirectly, by reason of: (i) any act of commission or omission which the User commits directly or indirectly in relation to the Platform or the Company Application(s) or Company Content; (ii) any breach by the User of its obligations under these Terms of Use or any other policies of the Company; (iii) violation of the rights of a third party by the User, including but not limited to infringement of any intellectual property, proprietary rights or right to privacy; (iv) violation of any applicable law by the User; or (v) Company’s use or possession of any User Content supplied by the User to the Company. The provisions of this indemnification clause shall survive the termination of this Terms of Use.
We do not guarantee, represent or warrant in any manner that your use of our Platform and/ or Services will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Platform and/ or Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Platform and/ or Services is solely at your own judgment and risk. You should take all responsibility for your own actions in utilizing the Platform and/ or Services, and we shall not be liable for any such action or consequence thereof.
You acknowledge that the Platform and/ or Company Application(s) is made available on an “as-is” basis with no representations being made as to accuracy, impartiality or with no representation that the Platform and/ or our Services will be error free or uninterrupted in nature. Your access to and reliance/use of the Platform and/ or Services is at your own risk. The Company explicitly disclaims all warranties, express or implied, (whether direct or indirect, or pecuniary or otherwise) including, without limitation the implied warranties of merchantability, completeness and fitness for a particular purpose, for any errors or omissions therein, and for any results which may be/are obtained/ obtainable in relation to the use of the Platform and/ or our Services, including non-infringement with respect to any Company Content. The User agrees to such disclaimer of liability, and agrees that it is reasonable.
You understand that when using the Platform and/ or our Services, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform and/ or Company Application(s). The Company may, but is not obligated to, monitor or control the content. Any use or reliance on any content is at your own risk.
Each User explicitly agrees that under no circumstances shall the Company and/ or its employees, directors, owners, associates, licensors and/or affiliates be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if any/ all of them has/ have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Platform and/ or the Services, any third-party products and services viewable at/ through Platform and/ or Company Application(s), or any third party site including any linked site or referred site.
The Company and its employees, directors, owners, associates, licensors and/or affiliates do not warrant that the Platform, Company Application(s), all third-party sites and/or the server(s) from which it/ they is/ are run is/ are free of viruses or other potentially harmful codes or that the operation of Platform or Company Application(s) or any third-party site will be uninterrupted or error-free or that defects will be corrected. Users assume total responsibility for establishing, inter alia, procedures for data back up and virus checking, and the Company shall not bear any responsibility for any interruption of Service or other problems or losses caused by or in relation to the running of the Platform and/ or Company Application(s). No advice, course of conduct or information, whether oral or written, obtained by you from the Company or any party or through the Platform and/ or Company Application(s) shall create any warranty or liability onto the Company.
You agree that we shall not be under any liability, whatsoever to you in the event of non-availability of the Services/ Platform or any portion thereof occasioned by any Force Majeure Events, or any other cause whatsoever beyond the reasonable control of Company.
Subject to the aforementioned clauses, the indemnification obligations of the Company, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) for any claims by the User on account of any losses, liabilities, damages or expenses shall be limited to the service fee/ payment made by the User to the Company in the one (1) month preceding the event giving rise to any such liability, and in any event will need be claimed by the User during the term of the arrangement with the Company. In the event a User uses the Platform/ Services without being required or obligated to pay the Company any monetary consideration or fees for availing such Services, the collective liability of the Company, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise), will not exceed INR 10,000 (Indian Rupees Ten Thousand).

Representation and Warranties

You represent and warrant that:
- You are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory/ country from where you are accessing/ using the Platform or our Services.
- In case you are accessing/ using the Platform/ Services as a representative of and on behalf of any organization or legal entity, you hereby represent and warrant that (i) you have the full authority to represent such legal entity and have the power to bind them to these Terms of Use; and (ii) you understand that the Terms of Use, upon acceptance by you, is applicable to and binds all other persons accessing and/ or using the Platform and/ or the Services on behalf of the same legal entity or organization for this purpose. In such cases, the references to “User”, “you” and “your” in these Terms, shall mean such organization or entity on whose behalf you have consented to the Terms of Use.
- You are the exclusive owner or the licensed user of the User Content, and you have the right to enter into this Terms of Use; and you own or retain the necessary licenses, rights, consents, and permissions to use and authorize us to use the User Content. Content attributable to you does not violate any rights, including intellectual property of any third party (including individuals); and complies with the provisions of all applicable laws.
- You have not granted any rights to any third party whatsoever, or entered into any agreement, which could or would conflict with the Company’s rights under these Terms of Use.
- There are no claims, actions or proceedings, pending or threatened, affecting the User Content or which could impede the Company from enjoying any of the rights granted to it under these Terms of Use.
- These representations and warranties shall survive the termination of this Terms of Use.

Termination

The Terms of Use will continue to apply until terminated either by you or us as set forth below. If you want to terminate the application of these Terms of Use, you may do so by not accessing/ using, or stopping to access/ use our Platform/ Services.
You hereby irrevocably understand that we reserve the right at our sole and exclusive discretion to deny/ cease your access to the Platform or Services, temporarily or permanently without liability or notice if:

You access or use of Platform/ Services in an unauthorized manner;
You breach any of the provisions of the Terms of Use, the privacy policy or any other terms, conditions, agreements or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);
You violate any applicable laws, or wilfully compromise any other user’s privacy, or have acted unethically;
You have infringed, breached, violated, any third – party intellectual property rights of any third party and which involves the Platform, the Company Application and/ or the Services;
We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
The provision of the Services to you by us is, in our opinion, no longer commercially viable or in any way detrimental to us or our business; or
We have elected to discontinue, with or without reason, your access to the Platform, Services, or any part thereof.

We may also terminate or suspend all or a portion of access to the Platform/ Services without reason, and it may include: (a) removal of access to use the Platform or for availing the Services; and (b) deletion of your records, files and materials (or any part thereof) that may be available with us.
Any such termination or restriction in access to the Platform/ Services shall be without prejudice to other rights of the Company herein or under applicable law (including obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances). Upon such termination, the Company shall have no liability towards such User and no further obligations under these Terms of Use.
Your obligations and liabilities incurred prior to the termination date (including any payment obligations) shall survive the termination of this Terms of Use for all purposes.
Upon termination of this Terms of Use, you shall immediately cease and desist from using or accessing the Platform and/ or Services. Further, the User shall destroy or return to Company and make no further use of any confidential/ proprietary information, materials, or other items (and all copies thereof) belonging to Company. Upon any termination, Company will make all User Content, if available to it, to the User for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored User Content.
Further, upon termination of this Terms of Use, we may delete any content or other materials relating to your use of the Platform and/ or the Services and we will have no liability to you or any third party for doing so.

Communications

When you use the Platform or Services or send any User Content or communication to us, you agree and understand that you are communicating with us through electronic records, and you also consent to receiving communications via electronic records from us periodically and as and when required.
We will communicate with you by email and/ or via the Platform and/ or Company Application(s), and/ or mobile number available with us. You are responsible for providing and maintaining current email, mobile phone, address (current/ temporary and permanent), and other Company Account related information with us. You further warrant that information provided to us shall be correct and are bound to inform to us promptly, if any change occurs in the information provided earlier.

Other Terms

Confidentiality: The Company shall maintain confidentiality of the User’s data, orders, transactions, payment terms, etc. Similarly, the User shall maintain confidentiality of the Company’s business information, payment terms, the Company Applications and other Platform/ Services related data and details. The receiving party agrees: (i) to take reasonable precautions to protect the disclosing party’s confidential information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such confidential information. A party may disclose confidential information where compelled to do so, by any government, judicial or quasi-judicial authority, under prior intimation to the other party. The Company shall be entitled to undertake necessary disclosure to its investors, advisors, consultants and such other persons on a need-to-know basis under confidentiality/ non-disclosure arrangements with such parties. The confidentiality obligations shall be further detailed in the privacy policy of the Company, which shall be applicable to the arrangement between you and the Company.
User shall own all right, title and interest in and to the User Content. Company shall own and retain all right, title and interest in and to (a) the Services and the Company Application, related software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementation services or support, and (c) all intellectual property rights related to any of the foregoing.
Data usage: Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
Further, you agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically, to facilitate the provision of updates, product support, and other Services to you (if any). We may use this information as per the privacy policy of the Company, including to improve our products or Services or technologies.
The Company’s primary goal in collecting the information is for the Company to render the Services to you, to ensure quality and efficiency in the Services provided to you, and to provide efficient user interface to you. The Company will be using the information only for our internal operational purposes, such as providing, maintaining, evaluating, and improving the Platform and the Services, and also for providing support. The data collection and obligations shall be further detailed in the privacy policy of the Company, which shall be applicable to the arrangement between you and the Company.
Please note that the Company does not trade or sell any personally identifiable information of the Users or their customers in any manner.
Sharing of data: The Company may share information in accordance with its privacy policy, including to third parties who support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of advertisements, providing customer support and business support services, facilitating payments, or conducting research and surveys, and such information will be used for the limited purposes of such services received by us. Any sharing of information with such third parties will be subject to appropriate confidentiality and non-disclosure agreements.
The Company takes standard precautions including technical measures to safeguard your information against loss, misuse or theft, as well as against destruction, alteration, disclosure or unauthorized access. Specifically, while the Company will ensure its efforts to protect the User’s information in line with commercially reasonable efforts, however, the Company does not represent, warrant, or guarantee that the information will be protected against unauthorized access, loss, misuse, or alterations beyond the reasonable control of the Company.
Notwithstanding anything contained in this Terms or Use or the privacy policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your information, if such loss, damage or misuse is attributable to a Force Majeure Event.
All Users who choose to access the Platform and/ or our Services, acknowledge and agree that they do so exclusively at their own risk, of their own volition, and agree that they are responsible for compliance with any and all laws applicable to them in relation to their use of / access to Platform and/ or the Services. Any actions, legal proceedings, etc., to safeguard the rights granted or subsisting or recognised under these Terms of Use may be initiated or taken by the Company at its own cost and discretion, and the User agrees to cooperate with the Company in this regard.
Assignment: It is agreed that the Company is entitled to assign, license or sub-license to any party or person either wholly or partially its benefits/ rights and/or obligations under these Terms of Use, and/ or to assign these Terms of Use itself. The User is not entitled to transfer/assign his own obligations herein to any other party at any time, and/or to assign these Terms of Use itself without the consent of the Company. Subject to these limitations, these Terms of Use will insure to the benefit of and be binding upon the Parties, their successors, heirs, administrators and permitted assignees, as the case may be.
Waiver: Failure by the Company to insist upon strict performance of any of the terms and conditions herein, or delay in exercising any of its remedies, shall not constitute a waiver of such terms and conditions, or a waiver of any default, or a waiver of the right to any remedy.
Severability: If any term, condition, or provision in the Terms of Use is found to be invalid, unlawful or unenforceable to any extent, it will be severed from the Terms of Use, and the remainder of the Terms of Use will then continue to be valid and enforceable to the fullest extent permitted by law, unaffected by the severance.
Force Majeure: Neither Party shall be liable to the other Party or to any third party for any failure or delay on its part in performing any of its obligations under this Terms of Use where such failure or delay is caused by a Force Majeure Event. Nothing herein will affect any payment obligations of a Party, which shall not stand affected by a Force Majeure Event. However, any payment obligations of the Users shall stand unaffected by any Force Majeure Event, and the Users shall continue to pay the Company for the Services.
Survival: The Parties hereto agree and confirm that the provisions relating to grant of rights to the Company (including right to payment), undertakings and obligations of the Users, representations and warranties, indemnification and disclaimers, arbitration, governing law and dispute resolution, shall survive the termination of these terms of use.
Governing Law and Dispute Resolution: These Terms of Use shall be governed exclusively by the laws of India, notwithstanding the conflict of law principles. In the event of any question, dispute or difference whatsoever arising between the Parties to these Terms of Use out of or relating to the construction, meaning, scope, operation or effect of these Terms of Use or the validity or the breach thereof, it shall be referred to a sole arbitrator to be appointed by the Company, provided that the arbitrator is not financially interested with the Company or its directors, other than towards payment of the arbitration fees. The provisions of the Arbitration and Conciliation Act, 1996, will be applicable and the award made and substantiated in writing thereunder shall be final and binding upon the Parties hereto, subject to legal remedies available under the law. The seat and place of arbitration shall be Bangalore, India, and the arbitration shall be in English. Subject to the arbitration provision herein, the courts in Bangalore, India, shall have exclusive jurisdiction over all matters, claims and disputes arising under and in respect of these Terms of Use.
Brand usage: The Company shall be entitled to use the brand name and logo and for the limited purposes of business development and investor information, and this shall include appropriate referencing on the Company’s websites, brochures and marketing materials.
Notices: Any notices, requests, demands or other communication required or permitted to be given under this arrangement shall be written in English and shall be delivered by email or internationally recognised courier service and properly addressed to the designated representative of each Party. Any notice, request, demand or other communication delivered to the Party to whom it is addressed as provided in this section shall be deemed to have been given and received, (i) if sent by internationally recognised courier service on the date on which it is received by the other party, as acknowledged by the courier service; and (ii) if sent by e-mail, the day immediately after the date of transmission of the e-mail.

Contact Us

If you have any questions, complaints or claims with respect to the Platform or our Services, please direct your correspondence to the address as given below.

Email: namaste@syncsense.ai

We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.