TERMS AND CONDITIONS
We operate the website https://synapsetrendsia.com (the “Site”), as well as any other related products and services that reference or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at info@synapsetrendsia or by mail at [address], [city], Peru.
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Synapse Trends IA, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
The terms and conditions or supplemental documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you of any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change.It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be bound by the changes to the revised Legal Terms, and you will be deemed to have read and accepted them, if you continue to use the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under 18 years of age) must have the permission and direct supervision of their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
5. USER-GENERATED CONTRIBUTIONS
7. THIRD-PARTY WEBSITES AND CONTENT
12. MODIFICATIONS AND INTERRUPTIONS
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
1. OUR SERVICES
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirements within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
The Services are not designed to comply with specific industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use the Services. You may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owners or licensees of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Trademarks are protected by copyright and trademark laws (and other intellectual property and unfair competition laws) and treaties in the United States and around the world.
The Content and Trademarks are provided on or through the Services “AS IS” for your personal, non-commercial use or for internal business purposes only.
USER TESTIMONIALS
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” in the following section, we grant you a non-exclusive, non-transferable, and revocable license to:
access the Services; and
download or print a copy of any part of the Content you have successfully accessed,
solely for your personal, non-commercial use or for internal business purposes.
Except as otherwise provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.
If you wish to make any use of the Services, Content, or Trademarks other than as set forth in this section or elsewhere in our Legal Terms, please submit your request to: info@synapsetrendsia. If we ever grant you permission to publish, reproduce, or publicly display any portion of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Trademarks and ensure that any copyright or proprietary notices appear or are visible when publishing, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in the Services, Content, and Trademarks.
Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will be terminated immediately.
Please carefully review this section and the “PROHIBITED ACTIVITIES” section before using our Services to understand (a) the rights you grant us and (b) your obligations when you post or upload any content through the Services.
Submissions: By submitting any questions, comments, suggestions, ideas, feedback, or other information about the Services directly to us (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we will own such Submissions and will be entitled to use and disseminate them without restriction for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By submitting Submissions to us through any part of the Services, you:
confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and that you will not post, send, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading, or deceptive;
To the extent permitted by applicable law, you waive any and all moral rights in and to such Submission;
You warrant that such Submission is your original work or that you have the necessary rights and licenses to submit it and that you have full authority to grant us the rights mentioned above in relation to your Submissions; and
You warrant and declare that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions.
and expressly agrees to reimburse us for any and all losses we may suffer due to your breach of (a) this section, (b) the intellectual property rights of third parties, or (c) applicable law.
3. USER TESTIMONIALS
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or, if you are a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.
If you provide false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
To deceive, defraud, or mislead us and other users, especially in any attempt to obtain confidential account information, such as user passwords.
To circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or that impose limitations on the use of the Services and/or the Content contained therein.
To disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
To use any information obtained from the Services to harass, abuse, or harm another person.
To misuse our support services or submit false reports of abuse or misconduct.
Using the Services in a manner inconsistent with applicable laws or regulations.
Engaging in unauthorized framing or linking to the Services.
Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and sending spam (continuous posting of repetitive text), that interferes with any person’s uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Participating in any automated use of the system, such as using scripts to send comments or messages, or using data mining tools, robots, or similar data gathering and extraction tools.
Removing any copyright or other proprietary rights notices from any Content.
Attempting to impersonate another user or person or using another user’s username.
Uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
Harassing, annoying, intimidating, or threatening any of our employees or agents involved in providing any part of the Services.
Attempt to circumvent any measures implemented by the Services designed to prevent or restrict access to the Services or any part thereof.
Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
Except to the extent permitted by applicable law, decrypt, decompile, disassemble, or reverse engineer any software that is part of or in any way constitutes a part of the Services.
Except as a result of normal use of a search engine or internet browser, use, launch, develop, or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Using a purchasing agent or procurement agent to make purchases on the Services.
Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Using the Services as part of any effort to compete with us or otherwise using the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Using the Services to advertise or offer the sale of goods and services.
Selling or otherwise transferring your profile.
5. USER-GENERATED CONTRIBUTIONS
The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, distribute, or broadcast content and materials to us or on the Services, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display or performance, as well as the access, download, or copying of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
You are the creator and owner of your Contributions or have the necessary licenses, rights, consents, authorizations, and permissions to use them and to authorize us, the Services, and other users of the Services to use them in any manner contemplated by the Services and these Legal Terms.
You have obtained the written consent, authorization, and/or permission from each and every identifiable person in your Contributions to use the name or likeness of each and every such identifiable person, in order to permit the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, indecent, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).
Their contributions do not ridicule, mock, belittle, intimidate, or abuse anyone.
Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or group of people.
Your contributions do not violate any applicable laws, regulations, or rules.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not violate any applicable laws relating to child pornography, or any other laws intended to protect the health or well-being of minors.
Your contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
Your contributions do not violate, nor do they link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services that violates the foregoing constitutes a breach of these Legal Terms and may result, among other things, in the termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data you provide to us in accordance with the terms of the Privacy Policy and your choices (including your settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim any ownership rights over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations contained in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and expressly agree to release us from all liability and refrain from taking any legal action against us in connection with your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent through the Site) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or for any Third-Party Content posted on, available through, or installed from the Services. You access third-party services or any third-party content posted on, available through, or installed from the Services at your own risk, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of third-party websites or third-party content, or contained therein. The inclusion of, linking to, or permission to use or install any third-party website or any third-party content does not imply our approval or endorsement thereof. If you choose to leave the Services and access third-party websites or use or install any third-party content, you do so at your own risk, and you should be aware that these Legal Terms no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or related to any application you use or install from the Services. Any purchases you make through third-party websites will be made through those other websites and companies, and we assume no responsibility in connection with such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you release us from any liability for damages caused by your purchase of such products or services. Furthermore, you release us from any liability for any losses you may incur or damages you may suffer in connection with or as a result of any third-party content or any contact with third-party websites.
8. ADVERTISERS
We allow advertisers to display their ads and other information in certain areas of the Services, such as sidebar ads or banner ads. We simply provide the space for these ads and have no other relationship with the advertisers.
9. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content. Contributions or any part thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or that burden our systems; and (5) otherwise manage the Services in order to protect our rights and property and facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about your privacy and data security. Please see our Privacy Policy: https://synapsetrendsia.com/politica-de-privacidad/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, by continuing to use the Services, you are transferring your data to the United States and expressly consent to your data being transferred to and processed in the United States. Furthermore, We do not knowingly collect, solicit, or request information from children, nor do we knowingly market our products to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we become aware that a person under the age of 13 has provided us with personal information without the necessary and verifiable parental consent, we will delete that information from the Services as soon as reasonably possible.
11. VALIDITY AND TERMINATION
These Legal Terms will remain in full force and effect while you use the Services. NOTWITHSTANDING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS. OR UNDER ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT PRIOR NOTICE, AT OUR SOLE DISCRETION.
If we cancel or suspend your account for any reason, you are prohibited from registering and creating a new account using your name, a false or assumed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to canceling or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, civil and criminal proceedings and injunctive relief.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time and for any reason, at our sole discretion and without prior notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason, without prior notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption. Nothing in these Legal Terms shall be construed as obligating us to maintain and support the Services or to provide corrections, updates, or new versions related thereto.
13. APPLICABLE LAW
These Legal Terms shall be governed by and construed in accordance with the laws of Peru. Synapse Trends AI and you irrevocably agree that the courts of Peru shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.
14. CONFLICT RESOLUTION
INFORMAL NEGOTIATIONS
To expedite the resolution and control the cost of any dispute, controversy, or claim relating to these Legal Terms (each, a “Dispute,” and collectively, the “Disputes”) brought by you or us (individually, a “Party,” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except for those Disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations will begin upon written notice from one Party to the other Party.
BINDING ARBITRATION
Any dispute arising out of or in connection with these Legal Terms, including any question regarding their existence, validity, or termination, shall be submitted to and finally resolved by the International Commercial Arbitration Court of the European Chamber of Arbitration (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of said Court, which, by reference, are deemed to be incorporated into this clause. The number of arbitrators shall be three (3).
The seat, or legal place, of arbitration shall be Huancayo, Peru.
The language of the proceedings shall be Spanish.
The law applicable to these Legal Terms shall be the substantive law of Peru.
RESTRICTIONS
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other person.
Exceptions to informal negotiations and arbitration
The Parties agree that the following Disputes are not subject to the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect any of a Party’s intellectual property rights, or relating to the validity of such rights; (b) any Dispute relating to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is determined to be illegal or unenforceable, neither Party shall elect to arbitrate any dispute that falls within the portion of this provision deemed illegal or unenforceable, and such dispute shall be resolved by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of such court.
15. CORRECTIONS
The Services may contain information that includes typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other miscellaneous information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Services at any time without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WE OFFER NO GUARANTEE OR REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE WILL NOT ASSUME ANY LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. WE DO NOT ENDORSE ANY HYPERLINKED WEBSITE, NOR ANY WEBSITE OR MOBILE APPLICATION THAT APPEARS IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO US$5.00. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. COMPENSATION
You agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, brought by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you have connected through the Services.Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, with our defense against such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification as soon as we become aware of it.
19. USER DATA
We will retain certain data that you transmit to the Services in order to manage their performance, as well as data related to your use of the Services. Although we perform regular data backups, you are solely responsible for all data that you transmit to or that is associated with any activity you perform using the Services. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of data.
20. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.BY ACCEPTING THESE TERMS, YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER ELECTRONIC RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. By this agreement, you waive any right or requirement under any statute, regulation, rule, ordinance, or other law of any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic.
21. CALIFORNIA RESIDENT USERS
If any complaint you have submitted to us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
22. SEVERAL
These Legal Terms and any operating policies or rules posted by us on or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to a third party at any time.We will not be liable for any loss, damage, delay, or failure to perform caused by any reason beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions.No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
23. CONTACT US
To resolve a complaint related to the Services or to receive more information about the use of the Services, please contact us at:
Synapse Trends AI Peru
info@synapsetrendsia