Terms of Service Agreement for Syncap.ai
Effective Date: July 1, 2024
Welcome to Syncap.ai, a technology platform facilitating investment banking transaction advisory services for small and medium-sized businesses (middle market). By accessing or using our platform, you agree to comply with and be bound by the following Terms of Service ("Terms"). Please read these Terms carefully before using our services.
1. Acceptance of Terms
By accessing or using Syncap.ai, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services you use. If you do not agree to these Terms, you may not use our platform.
2. Description of Services
Syncap.ai provides a comprehensive suite of Software-as-a-Service (SaaS) capabilities designed to facilitate and enhance the transaction process. These capabilities include, but are not limited to: (i) a secure Virtual Data Room (VDR) for document storage and sharing, equipped with encryption, flexible permissions, and collaboration features; (ii) deal process management tools for tracking project progress and managing due diligence; (iii) an access portal for clients, potential transaction parties, and other external parties to review company information and collaborate as needed; and (iv) data security and compliance measures as appropriate.
Syncap.ai itself is not an investment bank and does not provide any investment banking services. We facilitate connections between clients and advisory service providers.
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms to use our platform. By using Syncap.ai, you represent and warrant that you meet these eligibility requirements.
4. User Accounts
To access certain features of our platform, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
5. Prohibited Uses
You agree not to use Syncap.ai for any unlawful purpose or in any way that could harm our platform, services, or reputation. Prohibited uses include, but are not limited to:
- Engaging in any fraudulent or deceptive activities.
- Violating any applicable laws or regulations.
- Infringing on the intellectual property rights of others.
- Uploading or transmitting any harmful or malicious code.
6. Intellectual Property Rights
All content, features, and functionality on Syncap.ai, including but not limited to text, graphics, logos, and software, are the exclusive property of Syncap.ai or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works based on any content from our platform without our express written permission.
7. User Content
You may have the opportunity to post, upload, or submit content to our platform. By doing so, you grant Syncap.ai a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content in connection with our services. You represent and warrant that you have the right to grant this license and that your content does not violate any third-party rights.
8. Privacy and Security
Your use of Syncap.ai is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. We take reasonable measures to secure your information, but we cannot guarantee absolute security.
9. Third-Party Links
Syncap.ai may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access these links at your own risk.
10. Disclaimers
Syncap.ai provides the platform on an "as-is" and "as-available" basis. We make no warranties or representations about the accuracy, reliability, or completeness of the content or services provided on our platform. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied.
11. Limitation of Liability
To the maximum extent permitted by law, Syncap.ai and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use our platform.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from our platform.
12. Indemnification
You agree to indemnify, defend, and hold harmless Syncap.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our platform, your violation of these Terms, or your infringement of any third-party rights.
13. Termination
We may terminate or suspend your account and access to our platform at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of Syncap.ai, us, or third parties, or for any other reason.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Syncap.ai is headquartered, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in that jurisdiction.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our platform. Your continued use of Syncap.ai after such changes constitutes your acceptance of the new Terms.
16. Contact Information
If you have any questions about these Terms, please contact us at [email protected].
17. Disclaimer of Investment Banking Services
Syncap.ai is not an investment bank. The investment banking advisory and transactional services offered through our platform are provided by professional licensed investment bankers who are registered on the Syncap platform. Syncap.ai does not provide any investment banking services directly and does not engage in any activities that would require registration as an investment bank. All advisory services are rendered by independent third-party advisors who are solely responsible for the content and quality of the services they provide.
18. No Fiduciary Relationship
Syncap.ai does not act as a fiduciary for any user of the platform. The relationship between Syncap.ai and its users is not a fiduciary relationship. Users are responsible for conducting their own due diligence and making their own decisions regarding the use of advisory services offered by third-party advisors on the platform.
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