Terms of Use

During the Subscription Term and subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes.  You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms or use the Service on behalf of any third party other than Agents or End Users.

You are responsible for compliance with the provisions of these Terms by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data.  Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations.  You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual.

All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials transmitted using the Service (“Content”) are the sole responsibility of the Subscriber from whom such Content originated. As a Subscriber, You are responsible for the Content that You send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Synegys website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Synegys does not control the Content posted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Synegys and any of its Subscribers have the right to use, edit, reproduce, distribute, display, or perform any Content You submit to the Service in any manner whatsoever. Under no circumstances will Synegys be liable in any way for any Content.

You agree that You will not use the Service to send, post, upload, transmit or otherwise make available any Content:

• That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• That is fraudulent, deceptive or illegal that contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;
• That bullies, harasses, advocates or encourages harassment of another person;
• That You do not have legal rights to make available under any law or under contractual or fiduciary relationships;
• That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;
• That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;
• That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses; or
• That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment.

You agree that You will not use the Service to:

• Harm, scare or threaten anyone in any way;
• Impersonate any person or entity; or
• Falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; or
• Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law.

Without limiting the foregoing: (1) Subscriber acknowledges that certain statutes and regulations, including without limitation the Telephone Consumer Protection Act of 1991 and the regulations promulgated thereunder (the “TCPA”), may govern Subscriber’s use of the Service; (2) Subscriber hereby represents, warrants and covenants that (i) Subscriber will obtain all required informed consent from each End User, including clear and conspicuous disclosure that each End User will receive Content, (ii) Subscriber does not require that End Users receive Content through the Service and (iii) each End User will affirmatively designate the number at which to receive the Content (which shall not be pre- populated by Subscriber in an online form); and (3) Subscriber will indemnify and hold Synegys and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of Subscriber’s failure to properly obtain such informed consent from each End User or to otherwise comply with the TCPA.

End Users acknowledge, understand and agree that Synegys, its designees and Subscribers shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and We assume no responsibility for the Content of any kind provided through the Service. You agree that You must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, You acknowledge, understand and agree that You may not rely on any Content created by Synegys or submitted to Synegys for quality or accuracy.

By participating in a Synegys text chat, text to screen or alerts program, each End User agrees that such End User is the primary owner of the phone number used. The Service may not be compatible with all mobile devices. If an End User texted into or received a text message from one of Our virtual numbers, then such End User may unsubscribe at any time by texting STOP to that number. For additional help, End Users can email support@synegys.com.

You, Agents and End Users agree that Synegys, in its sole discretion, may establish general practices and limits concerning use of the Service. You, Agents and End Users agree that Synegys has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You, Agents and End Users acknowledge that Synegys reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Synegys’ sole discretion.

In addition to Our other rights set forth in these Terms, Synegys reserves the right, in Synegys’ reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which Synegys will use commercially reasonable efforts to notify You in advance both through a notice to Your Account owner and Agents) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning; or (c) if We suspect or detect any malicious software connected to Your Account or use of the Service by You, Agents or End Users.  We will use commercially reasonable efforts to schedule Planned Downtime for weekends (CET) and other off-peak hours.