LAST UPDATED AUG 10TH, 2024

READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN CONJUNCTION WITH OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND SYNCVP AND ITS RESPECTIVE SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “SYNCVP,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH SYNCVP RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND ANY ADDITIONAL AGREEMENTS REFERENCED HERE, THESE TERMS OF SERVICE AND ANY ADDITIONAL AGREEMENTS, THESE TERMS WILL TAKE PRECEDENCE.

SyncVP reserves the right to modify these Terms at any time. Any changes become effective immediately upon posting. By continuing to use the Platform after any revised Terms are posted, you are accepting and agreeing to the updated Terms.

You should consult a lawyer to ensure your use of the Platform complies with these Terms and applicable law.

1. SMS Communication

By checking the box on our website forms, you consent to receive messages from SyncVP ("Business") for the purpose of receiving Seasonal Offers and Appointment Confirmations and Reminders. By checking the box, you acknowledge that you have read and understood the terms of this consent and agree to receive messages from the us.

The messages you will receive will be related to Seasonal Offers and Appointment Confirmations and Reminders, which may include promotional offers, discounts, updates, and other related content.

You have the right to opt out of receiving messages at any time. You can unsubscribe by following the instructions provided in the messages or by contacting us directly.

We will send messages to you on a periodic basis, as determined by us. However, we will make reasonable efforts to ensure that the frequency of messages is not excessive or intrusive.

Standard data and message rates may apply for receiving messages from us. You are solely responsible for any charges incurred from your mobile service provider.

We will take reasonable measures to protect your personal information and ensure the security of the messages sent to you. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

If you have any questions, concerns, or wish to exercise your rights regarding your personal information or this consent, please contact us using the contact information provided on the website.

By checking the box and providing your consent, you confirm that you are the authorized owner of the provided contact information and that you are at least 18 years old or have obtained parental consent.

Please note that this consent is separate fron any other consent you may have provided to the Business for other purposes.

By checking the box on our forms, you ("End User") consent to receive messages from SyncVP ("Business") for the purpose of receiving Seasonal Offers and Appointment Confirmations and Reminders.



2. Use of Platform

The platform has age restrictions in place. Users must be at least 18 years old to create an account and use the platform. If you are a parent or legal guardian allowing a minor (age 13-18) to use the platform, you are responsible for supervising their account, ensuring the suitability of the platform's content, verifying the accuracy of information provided by the minor, and providing the necessary consents on behalf of the minor.

Your use of the Platform is contingent upon providing complete, current, and accurate information when registering an account. The Platform is intended for business use or sole proprietorship. As the individual accepting these Terms, you are the owner of the account unless you are representing a business entity, in which case the business entity is the owner of the account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms.

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform in any way that violates any applicable law or regulation, or engage in any Prohibited Uses. Additionally:

(a) You agree to maintain all necessary licenses, permits, and permissions to fulfill your obligations under these Terms;

(b) You are fully responsible for your actions and the actions of your employees, and agents who use the account;

(c) You, your employees, and agents will not misrepresent the SyncVP Platform or the Services;

(d) You will provide these Terms to your employees and agents, and confirm that they understand they are subject to these Terms if they use the account;

(e) You own or control all rights to the content you provide to SyncVP;

(f) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information; and

(g) You and your employees will provide reasonable cooperation for information requests from law enforcement, regulators, or telecommunication providers.

By using the Platform and providing information on or through the Platform, you are giving consent to SyncVP's use and disclosure of the information following the Privacy Policy available here. The Privacy Policy is incorporated herein by reference. You acknowledge that SyncVP is not responsible or liable for the deletion or failure to store any information or content maintained or transmitted on or through the Platform.

Please make sure to keep your login credentials confidential. You are responsible for all activities carried out using your Platform Account and Login Credentials, regardless of whether you have authorized them. If you suspect any unauthorized access or use of your account or credentials, or if you notice any security breaches, please inform SyncVP immediately. SyncVP reserves the right to deactivate your Login Credentials at its discretion for any reason, especially if it believes you have violated the terms. Platform Accounts cannot be transferred to others.

The platform includes various communication features such as SMS, MMS, email, and voice call capabilities. If you use these features, you are exclusively responsible for all communications sent using the platform. This includes ensuring compliance with laws governing such communications, such as the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act. You represent and warrant that you understand and will comply with these laws. Please note that SyncVP is not responsible for your compliance with these laws and does not guarantee that your use of the platform will comply with any laws. SyncVP is solely a technology platform communication application provider. It does not originate, send, or deliver any communications via SMS, MMS, email, or any other communication method. You have full control over the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are created and initiated by you, whether they are generated by you or sent automatically via the platform at your direction.

The Platform may provide access to Third Party Services. SyncVP is not responsible for the usability or accessibility of Third Party Services. If you choose to pause or delete some or all of your Platform Account, certain features or functionality may not be retrievable when you reactivate it. If you pause some or all of your Platform Account for more than thirty (30) days, and SyncVP is still incurring costs on your behalf related to Third Party Services, SyncVP reserves the right to delete some or all of your Platform

Account without liability. SyncVP disclaims all liability related to outages or downtime of Third Party Services.

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of SyncVP. SyncVP is not responsible for Third Party Content and makes no endorsements, representations, or warranties, and assumes no liability, obligation, or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content are in compliance with these Terms and any applicable laws.

We are not liable for any negative effects that may result from your excessive data usage on our platform. If we find that your data usage is excessive, abusive, or has a detrimental impact on the platform in any way, we reserve the right to suspend or terminate your access to the platform or our services.

SyncVP reserves the right to make updates or changes to the platform at any time, including changes that may affect the previous mode of operation of the platform. You agree that your use of the platform is not contingent on SyncVP's delivery or release of any functionality or feature.

3. Prohibited uses of the Platform

Engaging in any of these prohibited uses constitutes a material breach of this Agreement, and SyncVP may immediately suspend your Account in accordance with these Terms:

(a) Using the Platform in any way that violates any applicable law or regulation.

(b) Using the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

(c) Using the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

(d) Using the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

(e) Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.

(f) Engaging in any conduct that may harm SyncVP.

(g) Using the Platform in any manner that could disable, overburden, damage, or impair the Platform.

(h) Using any robot, spider or other automatic device, process or means to access the Platform.

(i) Using any manual process to monitor or copy any of the material on the Platform.

(j) Introducing any viruses or other material that is malicious or harmful.

(k) Attempting to gain unauthorized access to any parts of the Platform.

4. Payment

Your use of the Platform requires timely payment of all Fees. Fees may change occasionally. All Fees do not include Communication Surcharges. You are responsible for paying all Communication Surcharges related to your use of the Platform. Communication Surcharges will be listed separately on your invoice. All Fees and Communication Surcharges cannot be refunded. Fees will be charged to the credit card we have on file. Subscription fees will be charged in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and to notify us of any changes within 10 days.

Some service subscriptions require a non-cancellable minimum commitment, which means that the subscription cannot be canceled until the commitment period has been fulfilled. During this time, fees for the non-cancellable minimum commitment will continue to be automatically applied to your bill until the commitment has been met.

You are solely responsible for any taxes and governmental assessments ("Taxes") related to your use of the Platform, and Taxes are nonrefundable.

If your credit card company declines or refuses to pay for the Services you've purchased, we may suspend or terminate your use of the Platform and delivery of Services. You will be required to pay any overdue fees and other amounts incurred, including third-party chargeback fees or penalties, by alternative means acceptable to us. If legal action is necessary to collect on outstanding balances, you agree to reimburse us for all expenses incurred, including attorney fees and other legal expenses.

You must notify us in writing within 30 days of the date we bill you if you wish to dispute any invoiced fees or charges. During the dispute process, you are required to pay all invoiced fees and charges, or you waive the right to pursue the dispute.

Except as described below, all fees charged by SyncVP are non-refundable. You are solely responsible for any additional fees incurred due to errors or omissions made by you or a third party. SyncVP does not provide fee refunds or credits for such errors or omissions, or for partially used or unused platform or services subscriptions. If you subscribe but do not access the service or platform, you are still responsible for all fees for the duration of your subscription.

You are solely responsible for cancelling the services associated with your account, and you will be responsible for all fees incurred until the cancellation occurs. No refunds will be provided if you fail to properly cancel the services associated with your account.

5. Intellectual Property

SynVP grants you a personal, royalty-free, non-assignable, and revocable license to access and use the Platform for the purpose of making it available to You. Any other use without prior permission is strictly prohibited.If you have any questions regarding this Privacy Policy, please contact us at [email protected], or by U.S. mail at the address below:

Disclaimers

Please be aware that the platform is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Your use of the platform is at your own discretion and risk, and by using the platform, you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Please note the following: We do not guarantee that: (A) the platform will meet your requirements, (B) the platform will be uninterrupted, timely, secure, or error-free, (C) the results obtained from the use of the platform will be effective, accurate or reliable, or (D) the quality of the platform will meet your expectations or be free from mistakes, errors, or defects.

You acknowledge that the internet and telecommunications providers' networks are inherently insecure. Accordingly, you agree that SyncVP is not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider's network.

You are responsible for protecting SyncVP from any demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorneys’ fees and investigation costs) arising from or connected to your use of the Platform ("Claims"). This includes, but is not limited to:

(a) our reliance on information provided by you, your employees, agents, or customers;

(b) any breach of these Terms by you, your employees, agents, or customers;

(c) the wrongful use or possession of any SyncVP property by you, your employees, agents, or customers;

(d) negligence, gross negligence or willful misconduct by you or your employees, agents, or customers;

(e) misrepresentations by you, your employees, agents, or customers;

(f) violations of applicable law by you, your employees, agents, or customers;

(g) your actions and the actions of your employees, agents, or customers;

(h) acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email, or other communications using the Services;

(i) Taxes and other Fees; or

(j) any disputes between (1) you and other users, (2) you and your clients, and/or (3) your customers.

Term and Termination

These Terms will remain in full force and effect as long as you have a Platform Account. The sections of these Terms that are meant to continue after your Platform Account is terminated will still apply even after you are no longer a Platform user.

Applicable Law

Please carefully read the following. You are required to resolve all disputes through individual arbitration. These Terms of Service and any disputes will be governed by the laws of the State of Texas. Any controversies or claims arising from these Terms will be exclusively settled by arbitration administered by the American Arbitration Association in Dallas, Texas. All claims and disputes covered by this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.

When you create a Platform account, you must provide a primary email address to receive electronic communication about these Terms. SyncVP will never ask for confidential information, such as account numbers, usernames, or passwords via email, and you should not respond to any email requesting such information. If you receive an email claiming to be from SyncVP and asking for this information, do not respond to the email. Instead, notify SyncVP by emailing us at [email address].

For all other feedback, comments, requests for technical support, and other communications related to the Platform or the Terms, please contact us at [contact information] or by mail at: [email protected].

SyncVP, LLC.

Attn: Privacy Officer

1032 E Brandon Blvd #1166

Brandon, FL