Important Notice: These MySyn Sites and Services Terms and Conditions (the “Terms”) contain a binding arbitration provision and waiver of jury trials and class actions governing disputes arising from use of the MySyn Site and Services. It affects Your legal rights as detailed in the “Mandatory Arbitration & Waiver of Class Action” section below. Please read carefully.
These Terms govern access to and use of MySyn (“MySyn,” “We,” “Our” or “Us”) websites, products, and services (collectively, the “Services”) by individuals or entities who are any of the following (collectively, “You,” “Your” or “Yourself”):
By using the Site, You accept these Terms (whether on behalf of Yourself or a legal entity You represent).
If You are a Customer and have a Master Services Agreement or other similar agreement in effect with MySyn (the “Corporate Terms”), then these Terms apply to the extent Your use of the Site, including any of the MySyn Services not already governed by such Corporate Terms. These Terms are intended to govern agreements with business or corporate Customers. These Terms shall not apply to You if You wish to obtain MySyn Services for personal use as a consumer (as defined by applicable consumer protection laws) and You shall not be entitled to avail Yourself to any rights herein.
By accessing, using, or downloading any material from the Site, You agree to follow and be bound by these Terms. If You do not agree to these Terms, You are Not authorised and must cease using the Site immediately.
1.1 Definitions:
Authorised Users: means the person(s) identified by You via the Service who will be eligible to receive the Documents;
Confidential Information: means information (whether or not recorded in documentary form or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of MySyn and information provided to You in relation to, or for the purposes of providing, the Service including, without limitation, Personal Data, technical data and know how, trade secrets, intellectual property rights, computer software, computational methodologies and decisional analysis, facilities, costs, operations and maintenance procedures, strategic, tactical and negotiating information, information supporting litigation or administrative proceedings, client lists and databases and other financial, technical or commercial information relating to MySyn, Our affiliates, suppliers and/or Licensors;
Data Protection Laws: means: (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a party is subject; and (b) any code of practice or guidance published by applicable regulatory authority from time to time;
Document: means any document (or part thereof) in the formats set out on the Website (such formats including Docx, jpeg, mp4 and mp3) and uploaded by You on the Service;
Fees: has the meaning given to such term in clause 4.1;
Intellectual Property Rights: means rights such as: copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind whether they are registered or unregistered (anywhere in the world);
KYC: means the Know-Your-Customer checks to be conducted on You and any Recipients;
Licensor: means the owner of the proprietary rights and interest in and to any software which We have a licence to use and/or integrate with the Service
Personal Data: has the definition given to such term in the Privacy Policy;
Privacy Policy: means the policy, which governs how We process any Personal Data collected from You and processed by Us in relation to the Service;
Service: has the meaning set out at the top of these Terms and Conditions.
Term: has the meaning given to such term in clause 18.
2.1 To use the Service for a prolonged period, You will be required to register and create an account. To register and create an account, You will need to undertake the following steps on the Website:
2.2 You hereby acknowledge and agree that only once You have completed all the above listed steps and paid Your Fees will You be able to use the Service. We may, at Our sole discretion and without explanation, cancel or suspend the account creation process.
2.3 You hereby warrant, represent, and undertake that the information provided as part of the account creation process is true and accurate in all respects.
3.1 You agree that You are solely responsible for:
3.2 You hereby warrant, represent, and undertake that You are the owner of, and/or have all rights, consents, permissions, approvals, and authorisations to upload the Documents and any other information to the Service.
3.3 We reserve the right, at Our sole discretion, to:
3.4 We seek to make the Service as accessible as reasonably possible. If You have any difficulties using the Service, please contact Us info@mysyn.ai
4.1 At the time of account creation, You will be asked to pay the Fees for Your use of the Service. The Fees are payable through multiple payment methods. We process payments via a third-party secure payment processing service. The Fees are non-refundable and are exclusive of any taxes, including value added taxes, or other charges which shall be separately chargeable in addition to the Fees.
4.2 By paying the Fees, You warrant, represent and undertake that all payment information You provide to Us is true and correct (including, without limitation, Your card payment information and name), that any card transactions submitted by You are authorised, and that You are the legal holder of any card used to pay the Fees. If, in Our sole discretion, We determine that: (i) Your means of payment are not valid; (ii) a transaction is not authorised; (iii) Your means of payment cannot be processed or verified at the time of any charge; or (iv) a charge is disputed for any reason, We reserve the right to immediately terminate any pending transactions, suspend Your access to the Service, and/or terminate all of Our obligations hereunder.
4.3 By paying the Fees, You consent to receiving e-mail communications from Us regarding Your transaction, including purchase receipts, notices, or transactional messages. You agree that all agreements, notices, disclosures, and other e-mail communications that We provide to You electronically satisfy any legal requirement that such communications be in writing, and that You may retain copies of these communications for Your record keeping purposes. Further, You acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and paper copies of receipts will not be provided.
5.1 We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in Our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Site with a “last updated” date. Please review this website on a regular basis to obtain timely notice of any revisions. If You continue to use the site or MySyn services after the revisions take effect, You agree to be bound by the revised terms. You agree that We shall not be liable to You or to any third party for any revision to the Terms.
5.2 You agree to receive all communications, correspondences, and notices that We provide in connection with Our Site, including any MySyn Services , including, but not limited to, marketing and promotional messages related to Us or MySyn Services, correspondence regarding Our delivery of MySyn Services, and providing You information related to Your purchase of or subscription to MySyn Services (“Communications”), via electronic means, including by e-mail, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Site. To the fullest extent permitted under applicable laws, You agree that all Communications We provide to You electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and You agree to the extent You are a Customer to keep Your Account contact information current.
5.3 You may unsubscribe from any marketing communications at any time in accordance with the procedure set out in Our Privacy Policy.
6.1 You are only permitted to use the Services for Your own internal purposes, for the Service’s intended purpose, and in accordance with the Service’s intended functionality. All other use without Our prior written consent is prohibited, including without limitation:
6.2 You must not use the Services in violation of any applicable law or regulation and You should always carefully consider what You are planning to upload on the Service.
6.3 By using the Services, You specifically agree not to engage in any activity or transmit any information that, in Our sole discretion:
If You believe content on the Site or any activity by an individual or entity violates the above restrictions, please contact us at info@mysyn.ai
7.1 Intellectual Property: The Site contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties.
Nothing in these Terms grants You any legal rights in/to the Service other than as necessary to enable You to access and use the Service. You hereby agree not to circumvent or delete any notices contained on the Service (including any Intellectual Property Rights notices) and in any digital rights or other security technology embedded or contained within the Service.
7.2 License Restrictions: Information, including software that may be available for downloading through the Site or third-party websites or applications (“Software”) is the copyrighted work of MySyn, its licensors, and/or such other respective third-party providers. Use of the Software is governed by these Terms and such license and/or other terms as may be required directly of You by the third-party providers. Unauthorised reproduction or distribution of the Software is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted.
7.3 Submissions of User Content:
8.1 Software may be made available for You to download to help the Service work better or to assist You in Your use of the Service. You may only use such software if You agree to be bound by the terms and conditions that apply to such software. You will be made aware of any terms and conditions that apply to the software when You try to download it. If You do not accept such terms and conditions, You will not be allowed to download the software, and this may affect Your use of the Service. You should read any terms and conditions carefully to protect Your own interests (they may contain provisions that set out what Your legal rights are, what Your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to You).
8.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
We will provide You with Service support to assist You with using the Service. Service support will be accessible via, and on the terms set out on, the Website.
10.1 You are responsible for maintaining the security of Your account, Your password and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account and Your use of the Service.
10.3 You must immediately notify Us of any unauthorised use of Your account, including any unauthorised use of Your username and password or any other breaches of security by emailing info@mysyn.ai. You will provide Us with all reasonable assistance to document, investigate and mitigate the effects of any unauthorised use of Your account or other breaches of security.
11.1 While We try to make sure that the information on the Service is accurate and up-to-date and the Service is free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Service will always be fit or suitable for any purpose. In particular, We do not guarantee the suitability of the Service for Your requirements.
11.2 While We try to make sure that the Service is available for Your use, We do not promise that the Service is always available, nor do We promise the uninterrupted use by You of the Service.
The Service may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that We endorse that third party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
13.1 The service is provided to You on an “as is” basis, without warranty of any kind. To the maximum extent permitted by applicable law, We hereby disclaim all warranties, express, implied, statutory, or otherwise, including, without limitation, implied warranties of fitness for a particular purpose, marketability, title, quality, and non-infringement. We expressly disclaim any warranties of any kind with respect to the accuracy or functionality of the service, or the accuracy, validity, or completeness of any information available through the service.
13.2 In no event shall We, Our processors, suppliers, or licensors (or Our or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of, the service (including, without limitation, any failure to provide documents to recipients in accordance with these terms). Under no circumstances will We be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the service. These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if We have been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.
13.3 Subject to clauses 13.1 and 13.2 above, Our maximum aggregate liability under or in connection with these Terms and Our provision of the Service (including, without limitation, as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to a sum equal to the total Fees paid by You for Your use of the Service.
14.1 You hereby agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: (a) Your use of this Service; or (b) Your breach of these Terms or any other terms referenced herein or (c) Your breach of any applicable laws or Your violation of the rights of a third party.
14.2 For the purposes of these Terms, “Indemnified Parties” means Us, Our affiliates, Our suppliers and Our Licensors, and their respective officers, directors, owners, agents, employees, contractors, information providers and copyright owners.
Except for any payment obligations, neither You nor We will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
16.1 To the extent that You receive any Confidential Information from Us pursuant to these Terms or otherwise through Your use of the Services: (i) You agree to protect the Confidential Information from unauthorised dissemination and use, using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care; (ii) You will not use the Confidential Information for purposes other than those necessary for Your use of the Services; and (iii) except as expressly permitted under these Terms, You will not disclose to any third party Our Confidential Information without Our prior written consent.
16.2. Restricted Use and Nondisclosure. During and after the term, with respect to Our Confidential Information You will: (a) use Our Confidential Information solely for the purpose for which We provided it; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to Your affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorised use and disclosure to the same extent (but using no less than a reasonable degree of care) that You protect Your own Confidential Information of a similar nature.
16.3. Required Disclosure. If You are required by law to disclose Our Confidential Information, You will give Us prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process and assist Us to obtain where reasonably available an order protecting Our Confidential Information from public disclosure.
16.4. Ownership. Notwithstanding any other provision of these Terms, You acknowledge that, as between You and Us, all Our Confidential Information You receive from Us, including all copies thereof in Your possession or control, in any media, is proprietary to and exclusively owned by Us. Nothing in these Terms grants You any right, title, or interest in or to any of Our Confidential Information, except as provided in these Terms. Any incorporation of Our Confidential Information into any of Your own materials will not render Our Confidential Information non-confidential.
17.1 To the extent that any information provided to Us by You in relation to the Service (including any information contained in any Document) constitutes Personal Data within the meaning of the Data Protection Laws, We agree to process such Personal Data in accordance with Our Privacy Policy or as otherwise agreed with You, and otherwise to comply with the Data Protection Laws as regards to such Personal Data.
17.2 You hereby acknowledge and agree and that You have reviewed Our Privacy Policy which sets out how We will process Your Personal Data as part of the Service.
18.1 Subject to Your payment of the Fees, and Your compliance with these Terms, You will be able to use the Service commencing on the date of Our payment receipt confirming that the Fees have been successfully paid, unless Your use of the Service is otherwise terminated earlier in accordance with these Terms (the “Term”).
18.2 We may, at any time and at Our sole discretion, terminate Your account and/or restrict, suspend, or terminate Your access to all or any part of the Service for any reason without prior notice or liability. Notwithstanding such termination or suspension, You will continue to be subject to these Terms. We shall not be liable to You or to any third-party for any modification, termination, suspension, or discontinuation of the Service.
18.3 If You wish to terminate Your account, You must notify Us via the Service and then exit the Service. Prior to exiting the Service, where applicable, You will be provided with the option to download any freshly created and yet to be downloaded cards with the Service.
18.4 Subject to clause 18.3 above, and following termination of Your account, for any reason, or the expiry of the Term, whichever is earlier, We will delete all Your information, including information input to create an account with the Service. Your information cannot be recovered once deleted.
19.1. The site and any information We supply You are provided “as is” and “as available.” Your use of the site and information shall be at Your sole risk. To the fullest extend legally possible, MySyn and its respective officers, directors, employees, members, shareholders, agents, affiliates, subsidiaries, and licensors (“MySyn parties”): (a) make no additional representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever; (b) expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title; and (c) do not warrant that the site or information are or will be error-free, will meet Your requirements, or be timely or secure. You will be solely responsible for any damage resulting from Your use of the site and/or information.
19.2. The MySyn parties make no warranties or representations that the site or information have been and will be provided with due skill, care and diligence or about the accuracy or thereof, and assume no responsibility for any: (i) errors, mistakes, or inaccuracies related to the site or information; (ii) personal injury or property damage of any nature whatsoever resulting from Your access to and use of the site or information; (iii) any unauthorised access to or use of Our site or information, and/or any and all personal information and/or financial information stored on the site; (iv) any interruption or cessation of transmission to or from the site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the site through the actions of any third party; (vi) any loss of Your data or other content from the site; and/or (vii) any errors or omissions in any of Your data or content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site. You will not have the right to make or pass on any representation or warranty on behalf of MySyn to any third party. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to You. In that event, such warranties are limited to the maximum extent permitted by and for the minimum warranty period allowed by the mandatory applicable law.
19.3. The MySyn parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and the MySyn parties will not be a party to or in any way responsible for monitoring any activities between You and third-party providers of products or services. You are solely responsible for all Your activities with other persons with whom You communicate or interact because of Your use of the site.
19.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in this Section 7 or below in Section 9. Accordingly, some of these limitations may not apply to You. If You are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 7 and Section 9 specifically do apply to You.
No one other than a party to these Terms has any right to enforce any of these Terms.
21.1 We shall apply the Terms in Our absolute discretion. In the event of Your breach of these Terms, any terms, or policies to which they refer or any applicable law, We reserve the right to terminate or suspend Your use of the Service and/or take any action We consider necessary to remedy the breach.
21.2 A decision to terminate or suspend Your use of the Service under clause 21.1 above can be appealed by following the procedure set out in clause 22 below.
21.3 No refunds of any sums paid to Us will be made if use of the Service is terminated or suspended under clause 21.1 above.
22.1 We will try to resolve any disputes with You quickly and efficiently using Our complaints handling procedure.
22.2 If You and We cannot resolve a dispute using Our complaint handling procedure, We will:
22.3 Please note that these Terms, their subject matter, and formation, are governed by the laws of India. You hereby agree that the courts and alternate dispute resolution centres in India will have exclusive jurisdiction relating to any dispute about these Terms, their subject matter, and formation.
The following terms apply to all those who use the MySyn Platform for e-Signatures
23.1 Definitions:
“MySyn” means the on-demand electronic signature MySyn Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for documents via the Internet.
“Signer” means a person designated by an Authorised User to access and/or act upon the documents sent to such individual via MySyn.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by MySyn or its agents to make available the MySyn service via the Internet.
“Transaction Data” means the metadata associated with a document (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, e-mail addresses, and signature IDs) that MySyn may use to generate and maintain the digital audit trail required by MySyn.
23.2 Additional Usage Limitations & Customer Responsibilities
MySyn is conditioned on Your acknowledgement and agreement to the following:
Subscription Plans purchased on www.mysyn.ai may not be used in conjunction with MySyn APIs and are available for use with a limited number of integrations.
23.3. Document Storage & Deletion
Sending, Storage: During the Term, MySyn will send and store documents per these Terms of the Subscription Plan. However, MySyn may set and enforce limits for reasonable use to prevent abusive or unduly burdensome use of its Services. You, through Your Account
Administrator(s), may retrieve and store copies of the signed documents for storage outside of the System at any time during the Subscription Term when You are in good financial standing under these Terms, and may delete or purge Your contents from the System at Your own discretion.
Document Drafts: MySyn may, at its sole discretion, delete drafts or uncompleted documents from the System immediately and without notice upon the earlier of: (a) expiration of the document (where You have established an expiration for such document, not to exceed 365 days); or (b) expiration of the Subscription Term. MySyn assumes no liability or responsibility for a party’s failure or inability to electronically sign any documents within such a period.
Deletion: MySyn may delete an Account and Customer Data, including without limitation documents (whether complete or not), upon the expiration of the Subscription Term or termination. In addition, MySyn may delete document(s) in a Customer Account at the explicit direction of such Customer and such deletion may also result in the deletion of such document(s) from a Signer Account. Signer hereby acknowledges that any document(s) sent by another Customer to Signer shall be deleted from the Signer’s MySyn Account when such sending Customer initiates a purge of such document(s) from the sending Customer(s) Account. Signers acknowledge their responsibilities regarding Customer Data and hereby agree that they are solely responsible for maintaining, if desired, backup copies of the documents (including backup copies stored outside of the Platform) and further agree that MySyn is not responsible for: a) storing documents in a Signer Account after a sending Customer requested purge of such documents; or b) maintaining backup storage of documents on behalf of Signer.
Retention of Transaction Data: MySyn may retain Transaction Data for as long as it has a business purpose (which if required under applicable law, is covered by a legal basis) to do so.
Usage Data: With respect to these specific Terms, Usage Data may include, without limitation, any data models created, extrapolated, derived from, adapted, enhanced, or developed by MySyn using Your Data and Your Authorised User’s use of the MySyn Services, and any underlying data architecture, including, without limitation, the data infrastructure, schema, rules, components, specifications, methods or processes and components that dictate how data interacts and is organised, calculated or translated from various sources into one or more meaningfully defined data models and related security protocols as integrated and applies at each stage of data processing. Without limitation of any term in the Terms, MySyn may analyse Customer Data and Customer usage patterns using techniques such as machine learning to improve and develop MySyn’s current and future products, services, methods, and processes. Any output from such machine learning techniques, including the resultant machine learning models, is deemed Usage Data that is owned by MySyn. MySyn retains all right, title, and interest in and to the Usage Data, and any unauthorised use of Usage Data is strictly prohibited.
23.4. Information Security & Personal Data
Customer Responsibilities: MySyn provides You with certain features and functionalities that You may elect to use, including the ability to retrieve and delete Your documents in the System. You are responsible for properly: (a) configuring MySyn; (b) using and enforcing controls available in connection with MySyn (including any security controls); and (c) taking such steps, in accordance with the functionality of MySyn, that You deem adequate to maintain appropriate security, protection, deletion, and backup of Your Data, which include controlling the management of Authorised Users’ access and credentials to MySyn, controlling the Data that is Processed by MySyn, and controlling the archiving or deletion of documents in the System. You acknowledge that MySyn has no obligation to protect Your Data, including Personal Data that You elect to store or transfer outside of MySyn.
Information Security: MySyn will employ commercially reasonable technical and organisational measures that are designed to prevent unlawful or unauthorised access, use, alteration, or disclosure of Your Data.
23.5. Accounts & Organisational Administration.
Each Account is associated with a single e-mail address. If the domain of the primary e-mail address associated with an Account is owned by a business or other organisation (“Entity”) and was assigned to You as an employee, contractor or member of the Entity (“Entity e-mail Address”), then You grant that Entity and its Account Administrator(s) permission to: (a) identify Accounts created with an Entity e-mail Address; and (b) restrict or terminate access to an Account created with an Entity e-mail Address. You acknowledge and agree that MySyn may assist Entity with such administration.
23.6. Subscription Plans & Prices.
The prices, features, and options of MySyn depend on the Subscription Plan selected by You as well as any changes instigated by You. For example: (a) if You add Authorised Users, MySyn will charge the applicable subscription amount for each additional Authorised User; or (b) if You send more documents than are included in Your Subscription Plan, MySyn may charge for additional documents or assign You to a new Subscription Plan. You may also purchase optional services on a periodic or per-use basis. To the fullest extent permitted under applicable laws, MySyn may change the prices for or alter the features and options in a particular Subscription Plan without notice.
This version of the Terms is dated 1 June 2024. No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.