1. Introduction

Welcome to OperSync, a platform provided by Sysneting, Inc. ("Sysneting," "we," or "our"), a company registered in Delaware, USA. These Terms and Conditions of Service (the "Terms") constitute a legally binding agreement between you ("you" or "the User") and Sysneting. Your access to and use of the website, products, services, applications, and tools related to OperSync (collectively, the "Services") implies that you accept all these Terms and all additional policies mentioned herein, including our Privacy Policy.

If you do not agree with all of these Terms, do not access or use the Services. These Terms remain in effect while you use the Services. In some cases, your use or participation in certain Services may be subject to additional terms ("Additional Terms"), which are incorporated herein by reference. By using such Services, you also agree to comply with those Additional Terms.

2. License to Use Services

Subject to these Terms and your compliance with them, Sysneting grants you a limited, non-exclusive, revocable, and non-transferable license to use the Services for your personal or internal business use. This license is strictly subject to these Terms and does not grant any additional rights beyond those explicitly authorized herein.

Unless expressly permitted by Sysneting in writing, you may not:

• Sublicense, sell, resell, transfer, assign, distribute, or otherwise make the Services available to third parties.
• Modify, copy, or create derivative works based on the Services.
• Reverse-engineer, disassemble, or decompile any component of the Services.
• Access the Services for the purpose of building a similar or competitive product or service.
• Use automated means (bots, scripts, etc.) to access, scrape, or interact with the Services without our express permission.
• Copy, reproduce, distribute, republish, download, display, post, or transmit any content from the Services.

3. Prohibited Uses

When using the Services, you agree not to:

• Violate any local, state, national, or international law or regulation.
• Infringe on any intellectual property rights of Sysneting or third parties.
• Transmit content that is illegal, defamatory, threatening, harassing, abusive, or objectionable.
• Upload or distribute viruses, malware, or any destructive code.
• Attempt to bypass security features or gain unauthorized access to any part of the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Use the Services to send spam or unsolicited commercial communications.
• Collect or harvest personal information of other users without their consent.
• Impersonate any person or entity or falsely state your affiliation with a person or entity.

4. User Account and Responsibilities

To access certain features of the Services, you may need to create an account. When creating your account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your account credentials.
• Accept responsibility for all activities that occur under your account.
• Immediately notify Sysneting of any unauthorized use or security breach.

Sysneting reserves the right to suspend or terminate your account if any information provided is found to be false, misleading, or in violation of these Terms.

5. User Content

5.1. You may have the opportunity to submit, post, or upload content through the Services ("User Content"). You retain ownership of your User Content, subject to the rights you grant to Sysneting under these Terms.

5.2. By submitting User Content, you grant Sysneting a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services and Sysneting's business operations.

5.3. You represent and warrant that:

• You own or have the necessary rights to the User Content.
• Your User Content does not infringe on the rights of any third party.
• Your User Content complies with these Terms and all applicable laws.

5.4. Sysneting does not endorse User Content and reserves the right to remove any User Content that violates these Terms or is otherwise objectionable, in its sole discretion.

6. Services and Support

6.1. Sysneting will use commercially reasonable efforts to make the Services available at all times. However, we do not guarantee uninterrupted availability and reserve the right to suspend the Services for maintenance, updates, or other operational reasons.

6.2. You understand that the technical processing and transmission of the Services may involve transmissions over various networks and changes to conform to technical requirements.

6.3. Sysneting may provide support services as outlined in your subscription plan. Support availability, response times, and scope may vary based on your subscription level.

7. Data Security and Privacy

7.1. Sysneting implements industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

7.2. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.3. You are responsible for maintaining the security of your account and the data you process through the Services.

8. Third-Party Services

8.1. The Services may integrate with or provide links to third-party services, products, or websites. Your use of such third-party services is governed by their respective terms and privacy policies.

8.2. Sysneting is not responsible for the availability, content, or practices of third-party services and does not endorse or assume liability for them.

8.3. Any issues with third-party services should be directed to the respective third-party provider.

9. Payment Terms

9.1. Certain Services require payment of fees. By subscribing to paid Services, you agree to pay all applicable fees as described in your subscription plan.

9.2. All fees are non-refundable unless otherwise specified in writing by Sysneting. Fees are exclusive of taxes, and you are responsible for all applicable taxes.

9.3. Sysneting reserves the right to modify pricing with reasonable notice. Price changes will take effect at the start of your next billing cycle.

9.4. Failure to pay fees may result in suspension or termination of your access to the Services.

10. Intellectual Property Rights

10.1. All intellectual property rights in the Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by Sysneting or its licensors.

10.2. These Terms do not grant you any rights to use Sysneting's trademarks, logos, or other proprietary information without our prior written consent.

10.3. Any feedback, suggestions, or ideas you provide regarding the Services may be used by Sysneting without compensation or attribution to you.

11. Confidentiality

11.1. Each party may have access to confidential information of the other party. Confidential information includes any information marked as confidential or that reasonably should be understood to be confidential.

11.2. Each party agrees to:

• Maintain the confidentiality of the other party's confidential information.
• Not use confidential information except to fulfill its obligations under these Terms.
• Not disclose confidential information to third parties without prior written consent.

12. Warranties and Disclaimers

12.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

12.2. SYSNETING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.3. SYSNETING DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYSNETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

13.2. SYSNETING'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SYSNETING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13.3. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sysneting and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content

15. Term and Termination

15.1. These Terms commence when you first access the Services and continue until terminated.

15.2. You may terminate these Terms at any time by discontinuing use of the Services and, if applicable, canceling your account.

15.3. Sysneting may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15.4. Upon termination:

• Your right to use the Services will immediately cease
• You must cease all use of the Services
• Any outstanding fees become immediately due and payable
• Sections that by their nature should survive termination will survive

16. Export Controls

The Services may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

17. Governing Law and Dispute Resolution

17.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

17.2. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

17.3. The arbitration shall be conducted in Delaware, USA, and judgment on the award may be entered in any court having jurisdiction.

17.4. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

18. General Provisions

18.1. Entire Agreement: These Terms constitute the entire agreement between you and Sysneting regarding the Services and supersede all prior agreements.

18.2. Amendments: Sysneting may modify these Terms at any time by posting revised Terms on the website. Your continued use of the Services after such posting constitutes acceptance of the modified Terms.

18.3. Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

18.4. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.5. Assignment: You may not assign or transfer these Terms or your rights under them without Sysneting's prior written consent. Sysneting may assign these Terms without restriction.

18.6. Force Majeure: Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control.

18.7. Notices: All notices under these Terms shall be in writing and deemed given when delivered personally, by email, or by certified mail to the addresses specified in your account or as otherwise provided.

19. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

Sysneting, Inc.
Email: support@opersync.com
Website: https://www.opersync.com

20. Acceptance of Terms

By clicking "I Accept," creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Effective Date: These Terms are effective as of October 1, 2024.

Last Updated: October 2024