Terms of Agreement
Privacy and Security Statement
This Privacy and Security Statement applies only to websites operated by Syncwise, Inc. (“SyncWise”). In this Privacy and Security Statement, “SyncWise” refers to SyncWise as the operator of the website and/or other related websites (collectively “Site”) and the Application used to synchronize databases with compliant devices (“Sync App”). Syncwise and its officers, directors, employees and agents are required to honor this Privacy and Security Statement. This policy is not intended to govern any existing or future websites and/or services operated by third parties or companies that are not controlled by SYNCWISE.
If you choose to purchase products and/or services from our site, you will be required to provide the following personal information (“PI”): your name, credit card information, telephone number, mailing/shipping address and email address. PI is collected in the following ways:
Financial PI: Syncwise collects PI to process your order, contact you about your order or answer any questions/concerns you might have expressed. When you register for a paid membership on our site, you are asked to disclose Financial PI. Syncwise does not retain any Financial PI. However, Syncwise does not have control over what third-party merchants such as Paypal, Mastercard and Visa do with your Financial PI, and therefore Syncwise takes no responsibility for your Financial PI as handled by third-party merchants and processors.
Personal PI: Syncwise collect non-financial Personal PI for all members, including users who sign up as free members. By signing up, you give Syncwise permission to collect and retain your Personal PI. Syncwise uses your telephone number for customer service if you contact Syncwise about your account; please use a valid telephone number. Third-party traffic and analytic management software collects information through Cookies set on your computer if your computer allows Cookies (“Analytic Software”). Information gathered by the Analytic Software may be associated with your Personal PI.
Online Membership Registration: you do not have to register on the Syncwise site to shop online. Membership is offered for free, with access to “free” sections of our Site. Paid members receive additional benefits, and access to data files.
Email Marketing: when you “opt in” to receive Syncwise periodic email with marketing promotions is pre-selected. Additionally, all “opt in” recipients receive other forms of email communication, such as special offers, from Syncwise from time to time. As a recipient, you specifically authorize Syncwise to send you email communications until such time as you “opt out” of such communications. You may “opt out” of Syncwise email as well as any form of communication from within your account. If you have opted to receive emails, Syncwise will share your name and email address with our email service provider that delivers our email newsletters and special offers, but use of this information is only permitted in connection with their administration and delivery of the email program.
Surveys: Syncwise may conduct voluntary surveys through its website or directly through emails. These surveys may ask customers for background information and about their preferences. You are not obligated to be a part of any survey. The information Syncwise collects through surveys is used to assess customers’ needs for Syncwise to better serve customers and improve satisfaction. Syncwise does not sell any information gathered in these surveys but may share the results with our Corporate or Business Affiliates in accordance with this Statement.
Tell-A-Friend Email: Syncwise asks for your email address and the recipient’s email address to allow you to send a personal greeting to one of your friends. Syncwise does not use the email address or information contained in these greetings except to complete the service you requested. Syncwise assumes you have the consent of the recipient of your message to provide his or her email address for the purpose of sending the message and any attached information.
Corporate change: Syncwise may sell, transfer or otherwise disclose Personal PI including but not limited to your name and mailing address, if there is a fundamental corporate change, such as a merger, consolidation, reorganization, strategic partnership or the sale of substantially all assets.
Government process: if compelled to do so by valid subpoena or court order or other governmental process, Syncwise may disclose PI as we are legally required to do. Syncwise may use or disclose your PI if necessary to protect the interests of Syncwise or its Corporate Affiliates.
Cancellation: you may opt out of Syncwise email marketing and other email communications at any time by choosing the unsubscribe link in a message or select “No” in your profile after registration. Transactional emails may not be opted out of as they relate to your service, devices and billing.
Syncwise collects and aggregates information on thousands of site visits about how users navigate the Site. Syncwise analyzes this information as a whole to improve the Site by gearing it to users’ preferences. Syncwise may share this information with affiliates or other third-party companies to indicate the interest in the Site and to help make technical improvements. This aggregated information will not identify you individually or any other user of the Site.
Syncwise has electronic and corporate policies and procedures in place for the security of every order placed online. Secure Socket Layer technology (SSL) keeps others from intercepting your information while it is being transmitted across the Internet. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. The secure mode begins when you initiate your order. All information, once on the Syncwise server, is protected from any external intrusions. Once your order is processed, Syncwise does not retain your credit card number in our online systems. Only Syncwise employees who require your PI to serve you have access to your data, which is password protected. SSL protects information sent to Syncwise, and the security certificate confirms Syncwise is the recipients of this information. Syncwise strives to protect your data with the utmost care at all steps in the process. However, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. Therefore, Syncwise does not warrant or ensure the security of any information sent to Syncwise online. If you have questions, comments or concerns please contact us.
There are deceptive individuals on the internet who might fabricate emails that appear to be, but are not, sent from reputable sources such as Syncwise. These people may be “phishing,” which is an attempt to trick unwary recipients of an email into divulging PI. If you have any question about the genuineness of an email you receive that appears to be from Syncwise, please contact us. Do not furnish any PI in response to the email unless its authenticity can be verified.
Secured communications on the internet require attention to authentication, encryption and data integrity. All three are addressed by the Secure Socket Layer (SSL) protocol. Authentication is the process of establishing that you are communicating with our web server, rather than another server assuming our identity. Syncwise obtained a digital security certificate from Go Daddy Secure Certification Authority. The security certificate confirms Syncwise is the recipients of your communication.
Encryption is the process of scrambling data (through the use of keys and mathematical encoding algorithms) to prohibit anyone from understanding it if they intercept the data while it is on its way from your browser to our server. Encryption protects communications between your browser and Syncwise Site.
To ensure you are in SSL or secure mode for your transactions, look at the address of the page. Secure pages will usually appear with an address that begins with ‘https://’.
If you are under 18 years of age, do not submit any information without the express consent and participation of a parent or guardian. If you believe Syncwise has information from or about anyone under 13 years of age, please contact Syncwise immediately.
Syncwise may provide links to affiliated entities and to other sites. These sites operate independently of Syncwise and have established their own privacy and security policies. For the best online experience, review these policies before submitting any Personal Information through these sites.
Consent to Transfer
The Site is operated in the United States (“US”). If you are not in the US, please be aware that any information you provide to Syncwise will be transferred to and within the US. By using the Site and/or providing PI through the Site, you consent to this transfer.
Canadian citizens, except as restricted by law, are entitled to access their PI collected by Syncwise by writing to: Syncwise Technologies, Customer Service Privacy Director, 530 B Street, Suite 300, San Diego, CA 92101. Syncwise may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm before processing your request. If you believe information collected is incomplete or inaccurate, Syncwise will correct the information upon verification of the omission or error and the identity of the person requesting the change.
If you are a resident of California, USA, in addition to the rights set forth above, you have the right to request information from Syncwise regarding the manner in which we share certain categories of your PI with third parties, for the third parties’ direct marketing purposes. California law provides you the right to submit a request to us at the designated address and receive the following information: The categories of information disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year; names and addresses of third parties that received such information; and if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
Updates to this Statement
Syncwise reserves the right to make changes at any time to its policies and/or alter the look and functionality of the Site. If there are changes to the use of your PI, Syncwise will post the policy change and update this Statement accordingly. Syncwise encourages you to periodically review this Statement for updated information on our privacy and security policies. Statement last updated May 21, 2019.
Part 2: SYNCWISE Technologies Terms and Conditions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You are specifically prohibited from accessing the raw data in Syncwise “.glf” files. If Syncwise finds files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Syncwise reserves the right to delete those files or to stop those processes. If Syncwise suspects a user name is being used by someone not authorized, Syncwise may temporarily disable that user’s access in order to preserve system security. In such case, Syncwise will contact the member in a reasonable time. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure is expressly prohibited. Violations of these Security Rules may result in civil and/or criminal liability. Syncwise investigates occurrences of such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Username and Password
You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Syncwise of any unauthorized use of your registration, information, username or password.
By using the Site and/or Sync App you agree to defend, indemnify and hold harmless Syncwise from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and Sync App.
Release and Limitations of Liability
You further agree to release Syncwise from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your breach of this Agreement.
IN NO EVENT SHALL SYNCWISE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYNCWISE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SYNCWISE’S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.
Syncwise Intellectual Property
The Site and its contents are copyright of SYNCWISE, ©2005-2019. All rights reserved.
If you post a comment or post to the Site, you specifically agree that:
a.) Syncwise shall immediately own an irrevocable, perpetual, royalty free license to use all or any portion of your post or comment for use on the Site, and for any other purpose Syncwise determines to use the post or comment for, including, without limitation, licensing the post or comment to third-parties for a fee, either alone or as part of a license to additional content from the Site. You are not entitled to receive any compensation whatsoever for your release of the post or comment, except that where you have attributed the content to yourself, you will be credited with such authorship.
b.) You will be solely responsible for the content and defend and indemnify Syncwise for any invasion of privacy, copyright infringement, defamatory or libelous statement, breach of a duty of confidentiality or other claim that arises as a result of your post or comment. You may not distribute or commercially use the Site or Sync App content without Syncwise express and written permission. You may not republish or syndicate the Site or Sync App content. You may not transmit or store the content in any other website or other form of electronic retrieval system. You may not redistribute or reproduce any of the contents in any form. The website contains material owned by or licensed to Syncwise. Material includes, but is not limited to design, layout, graphics and overall appearance. Reproduction is prohibited other than in accordance with the terms above. You may not use the Site or Sync App (including feeds) to supply another site with Syncwise any information from the Site, except you may post the title to articles, posts and comments with no more than 3 lines of the beginning of any article, post or comment, with a link back to the source article, post or comment originated from on the Site. You may not copy or distribute any of Syncwise data files (“.glf files”). The .glf files are a proprietary file format that is compatible with Syncwise devices. You agree not to give, share, trade or distribute any .glf file. The files that you purchase or download as part of your Membership are for your personal use only.
You may purchase goods through the Site. Most goods that you purchase through the Site are purchased from a third-party, who will email you its return policy with your purchase. Syncwise is not responsible for returns, warranty or repairs to goods that you purchase through Syncwise that are shipped by third-party. For goods that are sold directly by Syncwise, you will receive a confirmation email from Syncwise with its return policy.
For any return to Syncwise of a product, a return of merchandise authorization (RMA) must be obtained from Syncwise prior to return. A 15% restocking fee may apply.
The purchase price of Membership and Software cannot be refunded. Membership is an annual subscription which is not refundable once purchased. Once you have subscribed, you have access to the Syncwise database, are presumed to have accessed the database, and therefore received value for your subscription. Syncwise does not offer refunds or credits for Membership. If you purchase a Membership, and proceed to challenge the charges to your credit card company, you agree Syncwise may pursue you for collection in San Diego, California, and Syncwise will be entitled to attorneys fees and costs for its efforts to collect your “charged back” Membership fees. In the event a third-party used your credit card fraudulently, your credit card insurance should cover your losses, and chargeback would be inappropriate.
Cancelation of tracking services will occur upon missed payments. If you wish to continue tracking services, you must renew the tracking subscription within 30 days otherwise the device must be sent to Syncwise for reactivation and pay additional reactivation fees. If you remove an asset from auto renew, that asset will become inactive and unable to access any tracking information 365 days later. When a device goes into inactive stage, the network subscription automatically shuts off and you have 30 days to reactivate the service. If you do not activate within that time frame, then you have to ship the device to Syncwise and pay additional fees. This differs from you manually removing the device, which in turn cancels the network subscription.
Sync App End User License Agreement
In addition to the terms set forth in this Agreement, you agree that you are bound by the terms of the End User License Agreement (“EULA”) set forth in the Sync App. A copy of the EULA can be viewed HERE.
SYNCWISE DOES NOT WARRANT THAT THE SITE OR SYNC APP WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS WILL ALWAYS BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITE OR THE SYNC APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SYNCWISE IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SYNC APP, SITE AND THE INTERNET IN GENERAL. THE SITE AND SYNC APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SYNCWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SYNCWISE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, SOFTWARE, TEXT, GRAPHICS AND LINKS.
General Provisions Partial Validity: If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, Syncwise will be entitled to equitable relief upon a breach of this Agreement by you.
Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California
Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by Syncwise or the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form. Syncwise reserves the right to make changes at any time to this Agreement from time to time. You should periodically review this Statement for updated information on our privacy and security policies.
By using the Site and/or the Sync App, you agree that you are bound by the terms of this Agreement. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.