SYNDUIT is a brand owned and operated by SYNDUIT LLC,  By signing up with SYNDUIT or any SYNDUIT owned brand, you agree to the following Terms of Service.

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In order to highlight the most commonly asked questions, please see the items below:

1. At-Will - This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we. It is rare for SYNDUIT to ask a client to leave, but if you are not operating as a team player, breaking our spam policy, or performing any activity that will end up hurting our tribe we will be forced to turn off your account immediately.

2. Subscription - We will automatically renew your plan at the end of the designated billing period or free trial

3. Upgrading or Downgrading Services - If you decide to upgrade services during the middle of a payment cycle, your fee will be increased in the next payment cycle, but you will still be able to use the higher tier of service immediately. If you decide to downgrade during the middle of a billing cycle, your new plan will be reflected in the following month, but there will be no prorated refund.

4. Promotions - SYNDUIT has the right to offer promotions as often or as little as the company desires. All promotions can have an expiration and if a FREE TRIAL for a period of time is offered, you are responsible for making the full monthly payment on the day that your billing is due. No refunds will be extended for a lack of hitting the delete button in your profile prior to this date and you hereby forfeit the right to contact your credit card company with a chargeback once you agree to our terms of service during the last step in the checkout process.

 

SYNDUIT Terms of Service

By signing up with SYNDUIT, you agree to the following Terms of Service. This Agreement provides the terms and conditions governing the use of SYNDUIT’s services. You agree to use your SYNDUIT account in a manner that is consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed herein. This Agreement is between SYNDUIT (hereafter referred to as “the service provider”) and all its’ subscribers (hereafter referred to as “the client”). Unless the context requires otherwise, the service provider, and/or its’ assigns may also be referred to as “us”, “we”, or “our” and the client may be referred to as “you”, “your” or “subscriber.” I understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including any claims that any content you provide infringes the rights of any third parties including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
 

Use of the Services

• You shall comply with the terms and use restrictions, if any, set out in these present Terms, and in the Operating Policies. You shall be responsible for ensuring that your users also comply with said Terms and use restrictions.

• You shall not interfere with or disrupt operation of the Service and shall comply with the Agreement for access to and use of this service.

• When You use the SYNDUIT API, You shall be responsible for your usage of the SYNDUIT platform and shall limit your API calls to a reasonable volume. SYNDUIT reserves the right, at its sole discretion, to take any necessary action to address any improper use.

• You subscribe to the Services in your name and on your behalf, and You are not entitled to send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free; in this context, We draw Your attention to the fact that one single domain must not include more than two (2) master accounts.

• As an indirect SYNDUIT subscriber, You subscribe to the Services in Your name but on behalf of your own clients with the objective of managing and/or reselling SYNDUIT to your clients. Specific Terms will be applicable to this usage, including that You must use sub-accounts to separate email traffic of your own clients using the Services and are responsible for the necessary support for the End Users.
   

Credentials

When You create your account, You undertake to share the information required to process your orders as requested online, including, your surname, first name (or corporate name of your company), address, phone number, and valid email. This Data shall be processed in accordance with our Privacy Policy, where we describe how We manage, process and store Your Data in the context of providing our services. You are responsible for the consequences of false or inaccurate information You have shared with us.

You shall keep confidential and secure all credentials, User IDs and passwords associated with your account (including the master account and any attached sub- accounts), and to immediately notify Us of any unauthorized use of your account, or of any theft or loss of credentials allowing access to the account. Each account is personal and can only be accessed and used by You or the users duly authorized by You. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the account, and You shall indemnify and hold Us harmless against any action or claim arising from such a use. We reserve the right to request proof of your identity or authority before granting access to your account.
 

Content

• You shall be solely and wholly liable (i) for any Data, information or content, in particular the content of emails, SMS or newsletters sent by You through the Service, including if such content is provided by a third party, such as an SMTP relay or via the routing of an entire infrastructure (hereinafter collectively referred to as « Content »), and (ii) for the Content’s compliance with the regulations in force in accordance with article 4 below.

• You acknowledge and warrant that the Content, whether in whole or in part, shall in no event:
  infringe, misappropriate or violate any right, especially any Intellectual Property Right, of any third party whatsoever; contain any virus or program designed to cause damage, intercept or misappropriate any system or Data or personal data in a fraudulent manner; contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations; contain any sensitive personal data, including social security number, individually identifiable health or health insurance information, bank account information or credit card information; be false, misleading or inaccurate; or, be in breach with the Operating Policies.

• You acknowledge that We have the right, but not the obligation, to monitor the Service and any Data submitted to the Service. To comply with legal obligations in this respect, We may take any actions (including removing Content or denying routing of certain Data and emails) We reasonably believe are necessary to prevent unlawful activity in connection with the Service.

• You expressly acknowledge and agree that SYNDUIT shall not be liable for any loss or destruction of the Content, including the Data, and that You shall be responsible for ensuring that You have proper backups thereof.
   

Sending Policy

You undertake to comply with Our Sending Policy and, in particular, You acknowledge that You have been informed that in the event of breach of the provisions of this Policy, in particular if emails or SMS are sent to recipients who did not specifically ask to receive such emails or SMS, if SMS messages are sent for non transactional purposes, or if We receive an unusual number of complaints, We shall be entitled to terminate your subscription and/or close the master account or any associated sub-account, in which case You shall not be entitled to claim any refund or compensation.
 

We also reserve the right to temporarily limit your sending – which means that your daily and total emails or SMS sent will be limited in number and You will need to take the necessary measures to ensure that your practices comply with our Policy and requirements – before SYNDUIT can lift the temporary sending limit and allow You to send your desired volumes. A temporary sending limit subsequent to a breach of your contractual obligations means that You will remain liable for the payment of the amounts contractually due during the limitation period despite the limitation on your email sending options and no refund whatsoever will be made. You will also be liable for any fines imposed if sending non-transactional SMS messages.
 

Some internet service providers (« ISP ») may suspend the routing of emails from certain addresses if they detect or suspect any dishonest or illegal behavior (« blacklisting »). If Your account is blacklisted by an ISP, We shall use reasonable efforts to attempt to re-establish communication with such ISP, and You agree to pay for the additional Services We may be required to perform for this purpose.
 

Compliance with the Law

The Website is controlled and operated from the United States, and is not intended to subject Us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access Website, You do so on Your own initiative and at Your own risk. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion. You (i) shall comply with all laws and regulations in force that are applicable in any country from which You access the Website and/or use the Service, as well as in any country to which You send emails, including for uses related to users who are located in the European Union and Switzerland, You shall process such users’ personal data in accordance with privacy rights and regulations following the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and (ii) shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with applicable laws and regulations. Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority in relation to your use of the Service.
 

In the event You become aware of a violation by any third party of any provision of these Terms or of any laws or regulations and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an email to emailabuse@synduit.com.
 

Privacy Statement

The service provider will not rent, sell, access or in any way use the client’s customer database information except in connection with the provision of the services or the sale, transfer, reorganization or merger of service provider’s business.
 

Services

Services to be Provided:

The service provider agrees to provide the client, directly, or through our subcontractors and affiliates, with marketing services. Due to the nature of the technologies and Internet stability, the service provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or prorated refunds will be made as adjustment for any such service interruption. The client hereby acknowledges that changes in the nature of the services which may be offered under this Agreement do not constitute grounds for full or partial refund of any advance fees paid.
 

Service Fees:

By using SYNDUIT services, you agree to accept the fees you may incur as a result of using the service provider’s software, including but not limited to, fees for supplemental services or features and purchases made through the use of the service provider. Subject to any applicable law, fees and charges for SYNDUIT services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. This Agreement and the client’s use of SYNDUIT’s services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”). The Period of Performance of this Agreement

shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period. The service provider will continue to renew automatically unless terminated by SYNDUIT or until the client notifies SYNDUIT of your intent to change your service renewal. For account cancellation instructions refer to the CANCELLATION POLICY found in these Terms of Service.
 

Method of Payment

The client must provide a valid method of payment (credit card or other pre- arranged payment method) prior to and during any time the client receives SYNDUIT services. The Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be automatically debited from the client’s credit card prior to that date. Service fees for each Renewal Period will be invoiced thirty (30) days prior to the commencement of the Renewal Period. The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options. Accounts are considered in default if the payment is not received within three (3) days after the effective date of the Renewal Period. The service provider may suspend or terminate use of the SYNDUIT services if the client fails to provide a valid designated payment method upon request, or if SYNDUIT is unable, for any reason, to bill charges to the client’s designated payment method. If the payment is more than five (5) days past due, the client will be liable for any fees SYNDUIT incurs in its efforts to collect any unpaid balances plus interest at an annual rate of twelve (12%) percent compounded from the due date through the date of payment. Any billing problems or discrepancies must be brought to SYNDUIT’s attention within thirty (30) days from the date the client is billed. If you do not bring them to SYNDUIT’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with SYNDUIT. If you have any billing- related questions or want to stop a recurring payment from being charged to your designated payment method please log in to your SYNDUIT DASHBOARD and update your billing information in the ACCOUNT section or submit a ticket.
 

Termination

We may terminate your account:

1. If you violate the Terms Of Service Policy, or Anti-SPAM Policy Terms;

2. If you breach any term of this Agreement;

3. If you are involved in the sales and/or distribution of the following materials: a) Cable filters; b) Ponzi or Pyramid Schemes; c) Sale and/or distribution of any illegal materials; or d) For any reason, at our sole discretion.
 

Upgrades

SYNDUIT will, at Our sole discretion, install minor upgrades/releases of the Software that are generally made available to other subscribers, including patches and/or fixes, as they are made available. Major upgrades/releases and related conversions require careful planning and data decisions that must be managed jointly by You and SYNDUIT, and may require the engagement of SYNDUIT consulting services which will be contracted via a separate agreement. Additional services related to conversions to major releases (e.g. data conversion, report and software customizations, data cleanup) are outside the scope of these Terms of Service.
 

Text Message Rules and Regulations

You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) Do- Not-Call (“DNC”) list prohibitions; (b) telemarketer licensing and bonding requirements; (c) consumer cancellation rights; (d) mandatory disclosures; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages (i.e. robocalling or voice broadcasting); (g) internal opt-out rules; (h) intellectual property rights and restrictions; and (i) other product and industry-specific rules and disclosures. By making any use of the Services, You expressly warrant to us that You are and shall continue to act in full compliance with the law. All of our offers are void where prohibited by law. You agree that You have read and understand the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. You must review these rules with your own legal counsel to ensure that you understand and are fully compliant. We do not assume responsibility for ensuring that your marketing campaigns meet applicable legal requirements. We will not assume any liability if You are ever held guilty or liable for any law violation. Notwithstanding the foregoing, you acknowledge that we have and are taking active steps to ensure the compliance of our customers, including by having you agree to these terms and otherwise. If we discover evidence demonstrating that you may have violated the law, we may suspend or terminate your use of the Services immediately. You realize and agree that we may be required by law to provide certain information about you if we receive a subpoena from a court or regulator with competent jurisdiction. We are under no obligation to object to the same, except in our sole discretion.
 

By registering for the feature, you agree to indemnify, defend and hold harmless the company, and its subsidiaries, affiliates, suppliers, and licensors, and their respective officers, directors, employees, agents, and assigns from and against any and all third party claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, penalties, fines, judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) and costs incurred by, borne by or asserted against the company to the extent such claims in any way relate to, arise out of, or result from (a) your actual or alleged violation of any applicable laws or regulations, these terms, the privacy policy or the terms of any agreement governing your use of third party equipment (or any of the foregoing by parties who use your account, with or without your permission, to access the service); (b) acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the services); (d) claims for infringement of any intellectual property rights arising from the use of the site or the services, third party equipment, or the internet; (e) claims arrising from the telephone consumer protection act or similar federal or state consumer protection laws, or (f) your use of the site or the services.
 

You understand and agree that certain messaging technologies, may exist in grey areas of the law where no regulatory authority has yet addressed the technology and you agree to accept all risks related to the same. You agree not to use our technology to call or text wireless phones or any device where the called party is charged for the call, without well documented prior express written consent. You also agree not to use our services to telemarket to individuals on any state or federal dnc list without either written consent or a valid established business relationship exemption.
 

NO WARRANTIES

We make no warranties to the client of any kind, expressed or implied, with respect to the service synduit, its subcontractors and affiliates provide you. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose. We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. Your sole remedy, if any, hereunder shall be the return of any fees charged for the service during any periods of non-use due to the gross negligence or willful misconduct of service provider. While we take all reasonable precautions to ensure your database is secure and protected the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database except through our EXPORT function. You agree to back up all of your data and/or content that is uploaded to the system. We will not be responsible for any loss of data or content.
 

Terms

The client agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the SYNDUIT system or via email. If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. Our Anti-Spam Policy is an inherent part of our Terms of Service. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy. We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists (refer to SYNDUIT Anti-Spam Policy for additional terms regarding opt-in list requirements). Any user reported to be or caught violating these terms of service will be immediately terminated as per SYNDUIT’s Anti-Spam Policy.
 

Assignment

This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case where you allow someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement. We may assign this Agreement at any time.
 

Change of Terms and Conditions

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our service by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days’ notice prior to changing subscription rates.
 

Notification of Account Changes

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.
 

Refund Policy

Refunds for Monthly Subscribers:

Any client subscribing to our services on a monthly basis will have their credit cards charged the full monthly charge for the service in advance.
 

Note: No refunds will be issued for service downgrades or interruptions.
 

Cancellation Policy

We do not take cancellation requests via email or by telephone. All accounts must be canceled by the primary account holder through their account. If you cancel at any time after your billing date there will be no prorated refund, but you will still have access to your SYNDUIT DASHBOARD until the day prior to the beginning of your next billing cycle.
 

Changes to Terms of Service

SYNDUIT reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If any changes to the terms of service are unacceptable to you, your only recourse is to terminate the service in accordance herewith. You can review the most current version of the Terms of Service at any time at:http://SYNDUIT.com/terms-of-service. Violation of any of the terms below will result in the termination of your Account. While SYNDUIT prohibits such conduct and content on the Service, you understand and agree that SYNDUIT cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. SYNDUIT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to SYNDUIT. SYNDUIT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
 

Account Terms

1. You must be 18 years or older to use this Service.

2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

4. Your login may only be used by one person – a single login shared by multiple people is not permitted.

5. You are responsible for maintaining the security of your account and password. SYNDUIT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

7. One person or legal entity may not maintain more than one account.

8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
 

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts.

2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months (or partial years) of service, upgrade/downgrade refunds, or refunds for months (or years) unused with an open account. In order to treat everyone equally, no exceptions will be made.

3. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) taxes.

4. For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.

5. Downgrading your service may cause the loss of the content, features or capacity of your account. SYNDUIT does not accept any liability for such loss.