Terms and Conditions
Last updated as of: December 16, 2011
Please read the following terms and conditions ("Terms") carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services and Insynchq Pte. Ltd. (“Insync”). Your access to and use of the Services is conditioned on your compliance with these Terms. By creating an Account and accessing and/or using the Services, you agree to be bound by these Terms.
Insync provides a file syncing and sharing service enabling you and/or your business to get access to your files, folders and other data from any browser, computer, tablet and/or mobile device. Insync comes with a web application and client application (and in the future, mobile and tablet applications) for use to access, sync, share, publicly link, upload and download files, folders and other data (the "Services").
In order to access certain features of the Services and to post Content (as defined below), you must grant Insync access to your Google account via OAuth ("Account"). To create an Account you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to give Insync access to certain parts of your Google account. You are responsible for safeguarding and maintaining the confidentiality of your Google password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify Insync of any unauthorized use of your password or your Account. You agree that the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Services. Insync cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
In order for Insync to provide you with certain Services (now or in the future), you have the option of providing Insync with your email address, password and/or access credentials to other accounts that you wish to link with your Account. Insync will only use these email addresses, passwords and/or access credentials to access your external accounts to the extent necessary to provide these Services and will otherwise keep your password/access credentials confidential.
When you use the Service, Insync will collect certain personally identifiable information from you, which is hereby incorporated by reference. When you use the Services, Insync has access to, and in many cases will monitor, your usage of the Service as you send and receive Content. By using the Services, you have indicated that you agree that Insync may collect, use and disclose information you provide during your use of the Services. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
- Information disclosure: We will not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide the Services, when we otherwise have your permission, or under the following circumstance.
- Log data: When you visit the Services, whether as an Insync Member or a non-registered user just browsing (any of these, an "Insync User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, error data, computer logging data or the webpage you were visiting before you came to our Services, pages of our website and Services that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. In addition, our client application may send in whole or in part certain Log Data to our servers for analysis (e.g. to improve errors that a client application might be experiencing). We use this information to monitor and analyze use of the Services and for the Services' technical administration, to increase our Services' functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information is collected so that when you visit the Services again, it will recognize you and serve information appropriate to your interests. We also use this information to verify that visitors to the Services meet the criteria required to process their requests.
- Compliance with law enforcement: Since Insync doesn’t store any of your Content (except metadata and/or derived actions on said metadata) on our servers, any government and law enforcement officials will need to go directly to the organization responsible for holding your Content in order to get access to your Content. In other words, we don’t give access to anyone, including law enforcement, unless you tell us in writing. If you have any questions, please contact us at firstname.lastname@example.org.
There is a free version of the Services and there will be a paid version. Insync reserves the right to change pricing with a 30 days prior notice to you.
You are responsible for any files, folders and other data (“Content”) made available through the Services that you access, sync, share, publicly link, upload, download and otherwise submit to the Services and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary rights to use and authorize Insync to use all rights in and to any and all of your Content in the manner contemplated by the Service and these Terms.
You retain all of your ownership rights to your Content. Insync doesn’t own your Content, you do.
However, you give us permission (and trusted third parties) to ensure Insync runs its Services properly (example: presenting metadata information, showing your Content properly on the web, etc.) or use in new features (example: music streaming, etc.). You also give us permission to use your Content to ensure Insync administers its servers and backend properly (example: back ups, etc.).
In connection with Content, you further agree that you will not: (i) submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage Insync or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. Insync does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Insync expressly disclaims any and all liability in connection with any Content. Insync reserves the right, but not the obligation, to decide whether Content is appropriate and complies with these Terms, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Insync may remove such Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
It is the policy of Insync to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Insync by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may contact our Copyright Agent at email@example.com.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
- Upload, post, email or otherwise transmit (1) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); or (2) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Use the Services to collect or store personal data about other users without their express permission;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any member or other user to the Services;
- Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content;
- Use any meta tags or other hidden text or metadata utilizing an Insync name, trademark, URL or product name;
- Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the Services;
- Attempt to or actually access the Services by any means other than through the interface provided by Insync;
- Attempt to probe, scan or test the vulnerability of any Insync system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
- Attempt to decipher, de-compile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
- Use the Services in any way that competes with Insync;
- Impersonate or misrepresent your affiliation with any person or entity.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that Insync will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Insync will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, Insync will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party, and in fact, Insync will remove all Content provided by you through your use of the Services and any other information related to your Account from our servers.
You may terminate your Account at any time and for any reason by sending Insync notice. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Insync. Any suspension, termination or cancellation will not affect your obligations to Insync under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
8. Ownership of the Services
The Services are protected by copyright, trademark, and other laws of Singapore, the Philippines, United States and foreign countries. Insync and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of Insync and you hereby irrevocably assign to Insync all of your right, title, and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Insync grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Insync solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content (other than the Content you have provided), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Insync or its licensors, except for the licenses and rights expressly granted in these Terms.
9. Third Party Websites
The Services may provide links to third party websites or resources. You acknowledge and agree that Insync is not responsible or liable for the availability or accuracy of, and Insync does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your use of the Services and Content is at your sole discretion and risk. Insync will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Services. You acknowledge and agree that Insync will not be liable for any damages whatsoever relating to your use or evaluation of the Services. Insync does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Content will be error-free or that any errors will be corrected.
The Services and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. Insync EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Insync, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Insync, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
12. Limitation of Liability
IN NO EVENT WILL INSYNC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL INSYNC'S CUMULATIVE LIABILITY TO YOU EXCEED (ONE-HUNDRED US DOLLARS) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
These Terms shall be governed by the laws of Singapore, without respect to its conflict of laws principles. Any claim or dispute between you and Insync that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Singapore. These Terms shall constitute the entire agreement between you and Insync concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Insync's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Insync reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the Insync website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.