1. SYNC ACCOUNT REGISTRATION
You must open an account with us (a "Sync Account") to use the Services. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. Your Sync Account is for your sole, personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are fully responsible for all activity that occurs under your Sync Account. We reserve the right to suspend or terminate the account of anyone who provides inaccurate information or violates these security requirements.
2. REVISIONS, DISCLOSURES, AND NOTICES
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
You agree to Sync's E-Sign Consent. We may provide disclosures and notices required by law and other information about your Sync Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Sync Account or that you otherwise provided to Sync. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Sync Customer Support. If we are not able to support your request, you may need to terminate your Sync Account.
3. RESTRICTIONS
You may not use the Services for any illegal activity or in any manner that exposes Sync, our partners, or other users to harm. Specifically, you agree not to:
- Export Controls & Sanctions: Use the Services in violation of any export restriction or trade embargo by the United States, United Nations, European Union, or Malaysia. This includes providing Services to individuals or entities on the OFAC Specially Designated Nationals (SDN) list or similar lists by the UN Security Council or Bank Negara Malaysia.
- Prohibited Jurisdictions: Conduct any business with jurisdictions blocked by relevant sanctions authorities (including but not limited to Iran, Cuba, North Korea, Syria, Russia/Crimea). If you violate this, your account will be terminated immediately and funds frozen indefinitely.
- Access or monitor any Sync material using any manual process, robot, spider, scraper, or other automated means. You may not bypass or circumvent any technical limitations of the Services, nor decompile, disassemble, or reverse engineer the Services.
- Perform any actions that would interfere with the proper working of the Services, prevent access by others, or impose an unreasonable load on our infrastructure.
- Copy, reproduce, alter, modify, create derivative works, publicly display, republish, or resell any material or Services from Sync.
- Use the Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause physical harm.
- Use the Services for any illegal activity or goods, or in any way that exposes you, other Sync users, our partners, or Sync to harm.
If we reasonably suspect that your Sync Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Sync Account, and any of your transactions with law enforcement.
4. COMPATIBLE MOBILE DEVICES & THIRD PARTY CARRIERS
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls, sometimes referred to as "jail broken."
5. YOUR CONTENT
You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, display your content in our services. You can see specifics on the rights you grant us below.
Also, anything you provide us or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information ("Content").
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Sync Account or by terminating your Sync Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Sync's or its partners' products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Sync, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Sync may also monitor such Content to detect and prevent fraudulent activity or violations of Sync's Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
6. COPYRIGHT & TRADEMARK INFRINGEMENT
We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
7. SECURITY
We take security incredibly seriously, but can't guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your email safe, being smart about who has access to your account and which of your devices can access our services, and letting us know if you think an unauthorized person is using your account.
If there is ever a dispute about who owns your account, we are the decider.
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your email and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your email or Sync Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Sync and provide all information requested by Sync to remediate the breach. Any assistance provided by Sync in relation to a security breach does not in any way operate as acceptance or acknowledgement that Sync is in any way responsible or liable to you or any other party in connection with such breach.
In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Sync Account subject to dispute) will be final and binding on all parties.
8. PRIVACY
By using any of our Services as a Sync user, you acknowledge our data practices that apply to you, as set out in the Privacy Policy (the "Privacy Policy"). The Privacy Policy explains how Sync collects, uses and protects the personal information you provide to us where Sync makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice prior to using the Services.
Sync will process certain of your personal data on behalf of your business as a service provider ("data processor"). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner.
9. COMMUNICATIONS
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Sync account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Sync by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We also provide Services that allow you to send short message service (SMS) messages to your customers (the "Seller-Initiated SMS Services"). You will only use the Seller-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
10. SERVICES
Sync requires all active accounts to pay a recurring monthly fee (the "Contribution Fee") to maintain access to the Services. New accounts may be granted a limited period of free usage (e.g., "First Month Free" or "First 3 Months Free") at our sole discretion. You will not be charged during this period. Once your free usage period ends, you agree to pay the monthly Contribution Fee and any applicable Taxes. This fee will be charged automatically to your payment method on a recurring basis. Certain optional features may be subject to separate usage fees ("A La Carte Fees") based on your transaction volume or activity. These are charged in addition to your Contribution Fee. If we are unable to collect the Contribution Fee, we reserve the right to suspend or terminate your access to the Services until payment is received.
Fees may be paid via linked debit card, credit card, or deducted directly from the available balance in your Sync Account. By linking a card or maintaining a balance, you authorize us to collect the Contribution Fee and any A La Carte Fees using these methods. We reserve the right to collect due fees by deducting them from your Sync Account balance, transaction proceeds, or your linked bank account if your primary payment method fails.
Unless otherwise stated, the Contribution Fee will be charged on a recurring monthly basis. You may cancel your service at any time from your Account settings. If you cancel, you will continue to have access to the Services through the end of your current billing period, but you will not be entitled to a refund or credit for any fees already due or paid.
We reserve the right to change our Contribution Fee or other pricing upon thirty (30) days' advance notice. Your continued use of the Services after notice of a change constitutes your agreement to the new fees.
11. TAXES
For purposes of these Terms, "Taxes" includes all present or future taxes, charges, fees, levies, or other assessments (including value-added, goods and services, sales, withholding, or stamp taxes) imposed by any domestic or foreign authority.
Unless expressly stated, all fees charged by Sync are exclusive of Taxes. You are solely responsible for: (a) Determining whether any Taxes apply to your use of the Services, including taxes on payments you receive or products you sell; (b) Registering with the appropriate tax authorities in your jurisdiction; and (c) Calculating, collecting, reporting, and remitting all applicable Taxes to the correct authorities.
Sync specifically disclaims any liability for your Taxes. You agree to fully indemnify and hold Sync harmless against any claims, costs, or penalties related to your failure to pay Taxes.
No Marketplace Liability: You agree that Sync is not a "marketplace," "marketplace facilitator," or similar provider under tax laws. You are the seller of record for your transactions, and you agree not to take any tax position contrary to this.
Notwithstanding the above, if Sync is legally required to collect Taxes on the Services (e.g., SST or VAT on our fees), we will charge you these Taxes unless you provide valid documentation proving your exemption. You agree to indemnify Sync for any penalties resulting from your failure to provide correct exemption evidence.
Sync may be obligated to report details of your account activity (such as total payments received) to tax authorities (e.g., IRS, LHDN, or IRAS). You agree to provide any necessary information (such as your Tax ID) upon request. We will file these reports as required by law without further notice to you.
If legally required, Sync may deduct and withhold applicable Taxes from payments due to you. Any amount withheld and remitted to the tax authority will be treated as having been paid to you. We are not obligated to "gross-up" payments to cover your withholding tax liabilities.
You acknowledge that Sync does not provide tax or legal advice. You should consult your own professional advisor for any tax inquiries.
12. MODIFICATION AND TERMINATION
We may terminate these Terms or any Additional Terms, or suspend or terminate your Sync Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Sync Account. You may also terminate the General Terms and Additional Terms applicable to your Sync Account by deactivating your Sync Account at any time.
13. EFFECT OF TERMINATION
If these General Terms or your Sync Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: 5 (Your Content), 6 (Copyright and Trademark Infringement), 7 (Security), 8 (Privacy), 13 (Effect of Termination), 15 (Ownership), 16 (Indemnity), 17 (Representations and Warranties), 18 (No Warranties), 19 (Limitation of Liability and Damages), 20 (Third Party Products), 21 (Disputes), 22 (Binding Individual Arbitration), 23 (Governing Law), 24 (Limitation on Time to Initiate a Dispute), 25 (Assignment), 26 (Third Party Service and Links to Other Web Sites), and 29 (Other Provisions).
14. YOUR LICENSE
We grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services solely as authorized in these Terms. We may provide updates, upgrades, or patches to the Services from time to time. You may be required to install these updates to continue using the Services. This license does not grant you any ownership rights in the Services or Sync's intellectual property. All rights not expressly granted to you are reserved by Sync.
15. OWNERSHIP
The Services are protected by copyright, trademark, patent, and other intellectual property laws of Malaysia, the United States, and other jurisdictions. Sync (and its licensors) owns all right, title, and interest in and to the Services, including all Intellectual Property Rights (patents, copyrights, trademarks, trade secrets, and moral rights) existing now or in the future. These Terms do not grant you any right to use Sync's trademarks, logos, domain names, or other brand features. If you submit feedback, comments, or ideas about the Services ("Ideas"), you agree that your submission is voluntary, non-confidential, and gratuitous. Sync is free to use, disclose, reproduce, and exploit these Ideas without any compensation or obligation to you.
16. INDEMNITY
You agree to defend, indemnify, and hold harmless Sync (and our employees, directors, agents, and affiliates) from any claim, liability, damage, loss, or expense (including legal fees) arising out of or related to: (a) Any violation of these Terms or your representations to us; (b) Your improper or illegal use of the Services; (c) Your violation of any third-party right, including privacy, publicity, or Intellectual Property Rights; (d) Your violation of any law or regulation of Malaysia, the United States, or any other jurisdiction; (e) Any activity that occurs under your account, including unauthorized access caused by your failure to safeguard your credentials; or (f) Any dispute related to a transaction, purchase, or service you processed through Sync.
If we are sued because of you, we reserve the right to control the defense of the matter, and you agree to cooperate with our defense at your expense.
17. REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that: (a) You are at least fourteen (14) years of age (or the legal age of majority in your jurisdiction); (b) You are eligible to register for the Services and have the right, power, and ability to enter into these Terms; (c) The name and information you provide accurately and truthfully represent your identity or business entity; (d) You and all your transactions will comply with all applicable international, federal, state, and local laws, rules, and regulations (including export controls and privacy laws); (e) You will not use the Services for any fraudulent undertaking or to interfere with our operations; and (f) You agree not to use the Services to store or process "Protected Health Information" (PHI) unless expressly agreed in writing (e.g., under a HIPAA Business Associate Agreement).
18. NO WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNC (AND OUR PROCESSORS, SUPPLIERS, LICENSORS, AND AFFILIATES) SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SYNC DOES NOT WARRANT THAT: THE SERVICES WILL BE ACCURATE, RELIABLE, OR CORRECT; THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Sync does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. We have no control over, and no liability for, the goods or services paid for using the Services.
19. LIMITATIONS OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYNC (NOR ITS EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL SYNC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF SYNC IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $300.00 USD (OR ITS EQUIVALENT IN LOCAL CURRENCY).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
20. THIRD PARTY PRODUCTS
All third-party hardware, software, and other products included with, sold with, or recommended for use with the Services are provided solely according to the warranty and terms specified by the manufacturer or third-party provider. The manufacturer is solely responsible for service, support, and warranty claims.
For service, support, or warranty assistance regarding these products, you must contact the manufacturer directly. Sync does not provide support for third-party hardware.
SYNC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS. WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY HARDWARE OR THIRD-PARTY PRODUCTS. USE OF THIRD-PARTY PRODUCTS IS AT YOUR OWN RISK.
21. DISPUTES
"Disputes" are defined as any claim, controversy, or dispute between you and Sync, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Sync that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
22. BINDING INDIVIDUAL ARBITRATION
Before filing any claim against Sync, you agree to try to resolve the Dispute informally. You must send us a written Notice of Dispute ("Notice") by email to legal@911.so or by mail: SOF Capital Sdn. Bhd., Menara Dungun, No. 46, Level 11 & 12, Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur, Malaysia. The Notice must include: (i) Your name, account info, and contact details; (ii) A description of the Dispute; and (iii) The specific relief you want. We will try to resolve the Dispute with you via email or phone. If we cannot resolve the Dispute within sixty (60) days of receiving your Notice, either party may then file for arbitration. You agree that this informal process is a required condition before starting any arbitration or court case.
You and Sync agree that any Dispute (as defined in Section 21) that is not resolved informally will be settled by binding individual arbitration administered by the Asian International Arbitration Centre (AIAC) in accordance with its Arbitration Rules. The arbitration will be held in Kuala Lumpur, Malaysia, conducted in the English language. The arbitrator will have the exclusive authority to determine the arbitrability of any Dispute and to enforce these Terms. The arbitrator's decision is final and binding.
YOU AND SYNC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Sync agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
To increase efficiency and reduce costs, if 25 or more similar arbitration demands are brought against Sync by the same or coordinated counsel ("Mass Filing"), the following "Bellwether" protocols will apply; (i) The claims will proceed in batches of 10 at a time (5 selected by you/claimants, 5 selected by Sync); (ii) All other claims in the Mass Filing will be paused (stayed) until the first batch is resolved. No arbitration fees will be charged for the paused claims during this time; (iii) After the first batch is resolved, the parties will engage in global mediation to try to settle the remaining claims based on the outcomes of the first batch. This process is designed to prevent the "weaponization" of arbitration fees against either party; (iv) If the AIAC is unable or unwilling to administer the Bellwether process as written, the parties agree to appoint a private procedural arbitrator to oversee this specific process.
Notwithstanding the above, either party may: (i) Bring an individual action in small claims court (if the claim qualifies); or (ii) Seek emergency injunctive relief in a court of competent jurisdiction to stop unauthorized use of the Services or intellectual property infringement (e.g., to stop a hacker or copycat immediately).
These Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles. For any legal proceeding allowed outside of arbitration (such as the exceptions above), you and Sync agree to submit to the personal and exclusive jurisdiction of the courts located in Kuala Lumpur, Malaysia.
You may reject this arbitration agreement, in which case you may bring a lawsuit in court. To reject this agreement, you must send us a written opt-out notice within thirty (30) days after you first create your Account. The Opt-Out notice must be mailed to: SOF Capital Sdn. Bhd., Attn: Arbitration Opt-Out, Menara Dungun, No. 46, Level 11 & 12, Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur, Malaysia.
23. GOVERNING LAW
These Terms and any Dispute will be governed by and construed in accordance with the laws of Malaysia, without regard to its choice of law or conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
24. LIMITATION ON TIME TO INITATE A DISPUTE
To the fullest extent permitted by law, you agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
25. ASSIGNMENT
Unless expressly authorized by Sync, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
26. THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
You may be offered services, products, or promotions provided by third parties (including third-party developers, integrators, or payment gateways) ("Third-Party Services"). Sync does not control, endorse, or assume responsibility for any Third-Party Services. If you access or use any Third-Party Services, you do so at your own risk. You are solely responsible for reviewing and understanding the terms and conditions and privacy policies of those third parties. Sync expressly disclaims all liability for any act, omission, or error of any Third-Party Service. You agree that Sync is not a party to any transaction between you and a third party, and you release Sync from any liability arising from your use of Third-Party Services. Our Services may contain links to external websites. These links are not an endorsement. When you leave our Services, our Terms and Privacy Policy no longer apply. Your browsing on any other website is subject to that site's own rules.
27. THIRD-PARTY BENEFICIARIES
These Terms are for the sole benefit of you and Sync (and our respective successors and permitted assigns). Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
28. OTHER PROVISIONS
These Terms, along with any applicable Additional Terms and Policies, constitute the entire and exclusive agreement between you and Sync regarding the Services. They supersede all prior suggestions, agreements, or oral promises.
In the event of a conflict between these Terms and any specific Additional Terms (e.g., Payment Terms), the Additional Terms shall control with respect to that specific Service. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then that provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions will continue in full force and effect.
Our 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 Sync. These Terms do not limit any rights that Sync may have under trade secret, copyright, patent, or other laws.