Terms of Service
I. Definitions
A. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the INSYNC Privacy Statement, available at in-sync.io/privacy-policy) and procedures that we may publish from time to time on the Website.
B. The “Services” refers to the applications, software, products, and services provided by INSYNC.
C. The “Website” refers to INSYNC's website located at in-sync.io, and all content, services, and products provided by INSYNC at or through the Website. It also refers to INSYNC-owned subdomains of in-sync.io. Occasionally, websites owned by INSYNC may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
D. “The User”, “You”, and “Your” refer to the individual person, company, or organization that has visited or is using the Website or services. A User must be at least 14 years of age.
E. “INSYNC”, “We”, and “Us” refer to INSYNC (please note section G.) as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
F. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the services. “Content” also includes services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your content” is Content that you create or own.
G. INSYNC is not a separate legal entity but a brand owned and operated by 3PIXL Studios PTE. LTD., a company registered in Singapore. The registered office of 3PIXL Studios PTE. LTD. is located at 1 North Bridge Road, #B1-35 High Street Centre, Singapore (179094). All references to INSYNC within these Terms of Service, including but not limited to services, policies, and agreements, refer to 3PIXL Studios PTE. LTD. and its operations under the INSYNC brand.
Your use of the services must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the services is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
is unlawful or promotes unlawful activities;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
is abusive toward any individual or group;
contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using INSYNC, you agree that you will not under any circumstances:
use our servers, services, or products for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with INSYNC’s servers in ways that could harm our Website or services, to place undue burden on INSYNC’s servers through automated means, or to access INSYNC’s services in ways that exceed your authorization;
impersonate any person or entity, including any of our employees or representatives, including through false association with INSYNC, or by fraudulently misrepresenting your identity or site’s purpose; or
violate the privacy of any third party, such as by uploading another person’s personal information without consent.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services, use of the services, or access to the services without INSYNC’s express written permission.
If we determine your bandwidth usage to be significantly excessive in relation to other INSYNC customers, we reserve the right to throttle your hosting until you can reduce your bandwidth consumption.
III. Copyright Infringement
If you believe that content on our website violates your copyright, please contact us by emailing hello@in-sync.io. If you are a copyright owner and you believe that content on INSYNC violates your rights, please also contact us by emailing hello@in-sync.io. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
IV. Intellectual Property Notice
INSYNC and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and services. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and services is copyright © INSYNC, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements or concepts without express written permission from INSYNC.
V. API Terms
Abuse or excessively frequent requests to INSYNC via the API may result in the temporary or permanent suspension of your access to the API. INSYNC, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed INSYNC’s rate limitations.
You may not use the API to download data or Content from INSYNC for spamming purposes.
All use of the INSYNC API is subject to these Terms of Service and the INSYNC Privacy Statement.
INSYNC may offer subscription-based access to our API for those who require high-throughput access or access that would result in resale of INSYNC's services.
VI. Communications with INSYNC
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the services; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or INSYNC’s support messaging system will not constitute legal notice to INSYNC or any of its officers, employees, agents, or representatives in any situation where notice to INSYNC is required by contract or any law or regulation. Legal notice to INSYNC must be in writing and served on INSYNC’s legal agent.
INSYNC only offers support via email, in-service communications, and electronic messages. Wo do not offer telephone support.
VII. Disclaimer of Warranties
INSYNC provides the services “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
VIII. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the services;
any modification, price change, suspension, or discontinuance of the services;
the services generally or the software or systems that make the services available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the services; or
any other matter relating to the services.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
IX. Release and Indemnification
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the services, including but not limited to your violation of this Agreement, provided that INSYNC (1) promptly gives you written notice of the claim, demand, suit, or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit, or proceeding (provided that you may not settle any claim, demand, suit, or proceeding unless the settlement unconditionally releases INSYNC of all liability); and (3) provides to you all reasonable assistance, at your expense.
X. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the services constitutes agreement to our revisions of these Terms of Service.We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part of them) with or without notice.
XI. Our Obligations
INSYNC’s obligation to begin providing Services is contingent on your satisfaction of INSYNC’s credit approval criteria. INSYNC will provide the Hosting Services in accordance with the Services Description, the Service Level Guarantees, and other specifications in this Agreement. INSYNC will perform any Supplementary Services in a good and professional manner. INSYNC will perform all Services in accordance with applicable law.
XII. Your Obligations
You must use reasonable security precautions in connection with your use of the Services. You must comply with the laws applicable to your use of the Services and with the Acceptable Use Policy. You must cooperate with INSYNC’s reasonable investigation of Service outages, security problems, and any suspected breach of the Agreement. You must pay when due the fees for the Services stated in the Services Description or other agreement between us. If there is a dispute with respect to any portion of an invoice, you shall pay the undisputed portion of the fees promptly and provide written details specifying the basis of any dispute. Each of us agrees to work together to promptly resolve any disputes.
XIII. Unauthorized Access to Your Data
INSYNC is not responsible to you or any third party for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from INSYNC’s failure to meet its security obligations stated in Section XI. (Our Obligations) of these General Terms and Conditions or the Services Description. You are responsible for the use of the Services by any employee of yours, any person you authorize to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
XIV. Taxes on Services
Unless otherwise expressly provided in the Agreement or included in the invoice for the services, all amounts due to INSYNC under the Agreement are exclusive of any value-added, goods, services, sales, use, property, excise, and like taxes, import duties, and/or applicable levies (collectively, “Tax”). If INSYNC is required by law to collect Taxes on the provision of the Service, INSYNC will invoice you for such Tax and you must pay INSYNC the amount of the Tax that is due or provide INSYNC with satisfactory evidence of your exemption from the Tax.
All payments to INSYNC shall be made without any withholding or deduction for any Taxes, except for any withholding (or similar) taxes imposed on income that may be attributed to INSYNC in connection with its provision of the Services that you are legally required to withhold from such payment and remit to the applicable governmental or taxing authority (such taxes, “Local Withholding Taxes”).
XV. Export Matters
You represent and warrant and undertake that you will not possess, use, import, export, or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any information or technical data provided by INSYNC to you under this Agreement in any manner which would cause INSYNC or its Affiliates to breach any applicable export control laws, rules, or regulations of any jurisdiction (including without limitation those under EU and US law).
XVI. Terms and Fees
Your applicable Product Terms and Conditions and Services Description set out your term and renewal information as well as fee and pricing information.
XVII. Suspension of Services
A. We may suspend Services without liability if:
we reasonably believe that the Services are being used in breach of the Agreement;
you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;
there is an attack on your Hosted System or your Hosted System is accessed or manipulated by a third party without your consent;
we are required by law or a regulatory or government body to suspend your Services; or
there is another event for which we reasonably believe that the suspension of Services is necessary to protect the INSYNC network or our other customers.
We will give you advance notice of a suspension under this clause of at least twelve (12) Business Hours unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect INSYNC or its other customers from imminent and significant operational, legal, or security risk. If your Hosted System is compromised, then you must address the vulnerability prior to INSYNC placing the Hosted System back in service, or at your request, we may be able to perform this work for you at our standard hourly rates as a Supplementary Service.
XVIII. Termination for Breach
A. You may terminate the Agreement for breach if we:
materially fail to provide the Services as agreed and do not remedy that failure within fourteen (14) days of your written notice describing the failure; or
materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.
B. We may terminate the Agreement for breach if:
we discover that the information you provided for the purpose of establishing the Services is materially inaccurate or incomplete;
the individual signing the Agreement did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer;
your payment of any invoiced amount is overdue and you do not pay the overdue amount within four (4) Business Days of our written notice;
you have made payment arrangements via credit card or other third party, and the third party refuses to honor our charges;
you fail to comply with any other obligation stated in the Agreement and do not remedy the failure within thirty (30) days of our written notice to you describing the failure;
your agreement for any other INSYNC service is terminated for breach of the acceptable use policy applicable to that service.
C. Either of us may terminate the Agreement with immediate effect on written notice if the other (or we reasonably believe that the other):
(i) is unable to pay its debts; or (ii) enters into compulsory or voluntary liquidation; or (iii) compounds with or convenes a meeting of its creditors; or (iv) has a receiver or manager or an administrator appointed (or an application is made to the court for the same); or (v) ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts (“Insolvency Event”).
D. Insolvency Event
Notwithstanding anything to the contrary within the Agreement, the fees for the Services shall become due immediately upon the occurrence of an Insolvency Event.
XIX. Confidential Information
Each of us agrees not to use the other’s Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, as may be required by law, or as set forth below. Each of us agrees not to disclose the other’s Confidential Information to any third person except as follows:
to each of our respective service providers, employees, Affiliates, suppliers, agents, and representatives, provided that such service providers, employees, Affiliates, suppliers, agents, or representatives agree to confidentiality measures that are at least as stringent as those stated in this General Terms and Conditions;
to a law enforcement or government agency if either of us reasonably believes that the other’s conduct may violate applicable criminal law;
as required by law; or
in response to a court order or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven (7) days prior to disclosing Confidential Information under this clause (or prompt notice in advance of disclosure, if seven (7) days advance notice is not reasonably feasible), unless the law forbids such notice.