THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND THE APPLICABLE SYNOTI CONTRACTING ENTITY LISTED HERE (HEREINAFTER "SYNOTI") GOVERNING YOUR USE OF SYNOTI SERVICE (HEREINAFTER "SYNOTI").
Description of Service
Synoti currently offers "SYNOTI" Service as both free and paid service. The Service enables you to monitor websites, applications, servers, network devices, etc.. You agree to obtain prior verifiable permission from the owners of such resources that are being monitored using the Service.
Subscription to "SYNOTI" Service
You may subscribe to "SYNOTI" Service by completing the registration process at the "SYNOTI" website. Synoti reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Synoti shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.
In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Synoti has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Synoti has the right to terminate your Account and refuse current or future use the Service.
Personal Information and Privacy
Personal information you provide to Synoti through the Service is governed by "SYNOTI" Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the "SYNOTI" Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Synoti immediately of any unauthorized Account use at [email protected]. Synoti is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Publicity
Synoti reserves the right to publish your name and logo in the customer list on our website, press releases, advertisements, brochures and other promotional materials. You should email [email protected] if you do not wish to permit Synoti to publish your name in the manner mentioned above.
Communications from Synoti
The Service may include certain communications from Synoti, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services and that you will not be able to opt out of receiving them. Further, Synoti reserves the right to send electronic mail to you, informing you of changes or additions to the Terms of Service.
Fees and Payments
When you subscribe to "SYNOTI"'s paid Account, you agree to pay for the "SYNOTI" Service in accordance with "SYNOTI"'s price schedule. You can pay for "SYNOTI" service either by credit card, Paypal account or by raising a Purchase Order. Subscriptions made through credit card will automatically renew, unless you cancel your subscription. You agree to notify "SYNOTI" of any changes to your credit card account number and/or its expiration date.
Restrictions on use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v)use the for illegal purposes.
Accessing Third Party Applications Integrated with "SYNOTI"
Many third party applications (hereinafter "Third Party Application(s)") are integrated with "SYNOTI". Synoti will also be integrating more Third Party Applications with "SYNOTI". In addition, You may also integrate any other Third Party Application with "SYNOTI" by using the API if such Third Party Application allows such integration. Access and use of Third Party Applications may require acceptance of terms of service and privacy policy applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.
Administrator and Primary Contact
You will be the default administrator of the "SYNOTI" account created by you. If you join a "SYNOTI" account based on an invitation received from someone, such person will be the default administrator. An administrator of a "SYNOTI" account may designate any number of users as administrators for such "SYNOTI" account or revoke the administrator privileges of any user. There must always be a primary contact (and only one primary contact) for a "SYNOTI" account who should also be an administrator. By default, the first administrator is the primary contact. An administrator may designate any other administrator as the primary contact. All communications in respect of a "SYNOTI" account will be sent to the primary contact.
Trademarks
Synoti, Synoti logo, "SYNOTI" and "SYNOTI" logo are trademarks of Synoti. You agree not to display or use, in any manner, the Synoti trademarks, without Synoti's prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SYNOTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SYNOTI MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SYNOTI, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNOTI BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SYNOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SYNOTI RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
Indemnification
You agree to indemnify and hold harmless Synoti, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.
Termination
You agree that Synoti may terminate your Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Synoti Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Synoti Account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Account as permitted or required by law.
Usage Limits for "SYNOTI"
Synoti may prescribe usage limits based on the subscription plan chosen by You. You must make sure that Your usage is within the usage limits prescribed by Synoti in order to avail uninterrupted service. You understand that Synoti may restrict an activity if You reach the usage limit corresponding to such activity.
Modification of Terms of Services
Synoti may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web page. In the event Synoti modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.
TERMS FOR USE OF SYNOTI API
Integration of "SYNOTI" with Third Party Applications using APIs provided by Synoti requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that You use the services of technically skilled persons for the integration. You agree that Synoti is not liable for any loss and corruption of data caused due to errors or defects in the integration.
You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Synoti will not be liable for the consequences of accessing or using any unexposed functionality of the API.
API Deprecation
Synoti, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Synoti decides to deprecate the current version of the API, You will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Synoti will use commercially reasonable efforts to support the Deprecated Version. You understand that Synoti is not obliged to provide the features of the newer version in the Deprecated Version.
Synoti in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) Synoti is required to do so by law or ii) You have breached any provision of these Terms or the General Terms of Service or iii) Synoti determines that supporting the API is likely to result in a security risk to Synoti.
API Usage Limits
Synoti may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by Synoti in order to avail uninterrupted service. You understand that Synoti may restrict an activity if You reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at [email protected]