Sylo Terms of Service

Last Revision: 27/04/2018

Updated: 24/05/2018

Introduction

Terms of Service are a legal agreement between you and Sylo, and govern your use of Sylo’s services, including the application and website. If you are using Sylo on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using the Sylo application, and the Sylo website (‘Services’), you agree that you are over 13 years of age, and you agree to be bound by all terms and conditions outlined in these Terms. If you are not over 13 or do not accept these Terms, do not use Sylo. You can find more information about ‘Children’ in the Privacy Policies. You agree to these Terms of Service and any Privacy Policies referenced within, including terms that limit our liability and require individual arbitration for any potential legal dispute. You should read all of our terms carefully. These Terms apply to your use of Sylo, a software application released by Sylo Licensing Limited. We reserve the right to update or modify these Terms at any time and from time to time. We'll always notify you via email when we make changes to our Terms of Service and Privacy Policies. Please always review this policy when we contact you with the changes. This Privacy Policy was last updated on the date indicated above (top of the page). Your continued use of Sylo after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. These Terms, by reference, include the Sylo Privacy Policy.

The Service

Sylo provides an application for peer-to-peer confidential communication online. The Service may allow you to invite friends, contacts, and or any other people you want to interact with on a private End-to-End Encrypted conversation, using messaging, video call, and or audio features.
Subject to your compliance with these Terms, Sylo grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal use. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sylo or its licensors, except for the permissions and rights expressly granted in these Terms.
Sylo reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). If you violate these Terms, Sylo reserves the right to issue you a warning via email or through the application, regarding the violation. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. You may, as the result of termination, lose your account and all information and data associated therewith.

Your account

You are responsible for your login credentials and for any activity resulting from the use of your login credentials or other activity on your account on the Service.
Upon launching the App or the Service, if you do not already have an account, you will be prompted to create one by providing first name, surname and password. You may also be required to provide a valid email address.
You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. Sylo reserves the right to reject any first name and surname, or to terminate them, or prevent use of them in our sole discretion, and without any liability to you.
You understand and agree that other users of the Service may have the same first name and surname as you, however, users will be differentiated by email address that may be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times.
You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your account. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

User Conduct and Responsibilities

Sylo provides a communication channel such as peer-to-peer communication sessions designed to enable you to communicate with other Service users. Sylo has no obligation and no visibility to monitor these communication channels, as all communications are End-to-End Encrypted.
Any information shared such as data, text messages, document files, photos, videos, and any other materials uploaded to the Service by you is considered your own content. You represent and warrant that this content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Sylo incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
All of your own content is your sole responsibility and Sylo is not responsible for any material that you upload, share, or otherwise make available in the Service.
Sylo does not guarantee the accuracy, quality, or integrity of any content published by any user. By using the Service you acknowledge and accept that you may be exposed to material you may find offensive or objectionable. You agree that Sylo will not under any circumstances be liable for any content shared by any user, including, but not limited to, any loss or damage incurred by use of user content.
You may notify Sylo data protection officer (DPO) if you see any inappropriate user behavior,by emailing support@sylo.io.
You agree that you are entirely responsible for any and all content hosted on or transferred via your Sylo application. Sylo Licensing Limited is in no way responsible for, nor has any control or knowledge of what is hosted within an individual user's Sylo application. You assume all risks associated with the hosting of content in your Sylo application.

Communication

We may communicate with you by email or posting notice via the Service. You agree to receive email from us at the email address you provided to us for customer service-related purposes. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, announcements, and administrative issues relating to your use of the Service. You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email our data protection officer (DPO) immediately at support@sylo.io.

Intellectual Property Policy (The Software)

All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text content, graphics, pictures, videos, information, application, musics, sounds and other files, and their selection and arrangement), except for your personal data and content shared on the Sylo application, are, as between Sylo and you, owned by Sylo and/or its third party licensors.
You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading service materials.
You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any service material posted on the Service by Sylo, or any derivative works thereof.
All rights not expressly granted by these Terms are reserved by Sylo and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
So long as you comply with these Terms we give you a limited, non-exclusive, non-transferable, revocable license to use the Sylo Software solely to access the Services.
You understand that to the fullest extent permitted by law, Sylo is provided ‘as is,’ without any kind of warranty whatsoever.
Sylo, the Sylo logo and all other Sylo trademarks, service marks, product names, and trade names appearing on the Services are owned by Sylo Licensing Limited You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without prior written consent from Sylo Licensing Limited.

Copywriting

No content protected by intellectual property law is to be shared without permission from the rights holders. We respect the copyright of others, and we expect you to do the same. As a condition of using Sylo, you agree not to use Sylo to infringe on the intellectual property rights of others. Sylo Licensing Limited reserves the right to suspend service to accounts for any reason at its sole discretion without any liability to the user whose access is blocked.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim.

Payment

We will not charge you a fee to use our Service for up to ten (10) contacts. If you require a large number of contacts then, a fee must be paid. You will be required to select the payment plan and provide accurate information regarding your credit card. You will promptly update your account information with any changes in your payment information. You agree to pay Sylo Licensing Limited in accordance with the terms set forth on the Sylo website and related pages, and this Terms of Service, and you authorise Sylo Licensing Limited or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
Payments of such fees will be governed by our third party terms - https://stripe.com/. You agree to comply with all such terms and other requirements of such third party. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
If you dispute any charges you must let Sylo know within sixty (60) days after the date that Sylo invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the website and in email to you at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.

Security

We have implemented technical and organizational measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal data for improper purposes. You may read the Terms of Services and Privacy Policies to learn more about our third-parties.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Sylo account or any other breach of security. Notwithstanding section ‘User Disputes’, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Sylo account subject to dispute) will be final and binding on all parties.
We have a notice period of seventy two (72) hours to notify you in case of data violation. This communication will be processed via email address you provided to us through SignUp process.
You have the rights to request and receive your personal data from us at anytime by contacting us via support@sylo.io.

Feedback

We appreciate hearing from our users and welcome your comments regarding Sylo and the Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Service, you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any feedback.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SYLO WILL IN NO WAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS, AND DAMAGE TO HARDWARE OR SOFTWARE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR PERFORMANCE OF A SYLO SERVICE OR APPLICATION, OR FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR ANY USER CONTENT SENT THROUGH THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYLO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ANY LIMITED REVENUE SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Disclaimer

The Sylo application is made available by Sylo Licensing Limited for communication purposes only, as well as to give you ability to share text messages and files.
The Service is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while the Sylo attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure or error-free, or that the Service will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.

User Disputes

You are solely responsible for your interaction with other users on Sylo and other parties that you come in contact with through the Service. Sylo hereby disclaims any and all liability to you or any third party relating to your use of our Services. We reserve the right, but have no obligation, to manage disputes between you and other users of the Service.

Decision of ending this terms

You may end your legal agreement with Sylo at any time by requesting deactivation of your account and discontinuing your use of our Services. To deactivate your account and all data associated, you must contact our data protection officer (DPO) via support@sylo.io to request that we deactivate your account. It may take 24 to 48 hours to be processed. You can find more information on what happens to your information in the Privacy Policy.
Sylo may terminate your account and your access to the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, or (iii) your account should be removed due to prolonged inactivity.
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
You may, as the result of termination, lose your account and all information and data associated therewith.