Terms & Conditions

Index

Introduction and Acceptance of Terms

Welcome to Xyntaraz. By accessing and using our website and services, you agree to comply with and be bound by these Terms and Conditions. These terms apply to all visitors, users, and others who access or use the service. If you disagree with any part of these terms, you may not access the service.

Our analytics platform offers a range of services designed to help you understand and optimize your data. From website traffic analysis to in-depth user behavior insights, our tools are crafted to provide you with actionable intelligence. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you are using our services on behalf of an organization, you are agreeing to these terms for that organization and confirming that you have the authority to bind the organization to these terms. If you do not have such authority, or if you do not agree with these terms, you must not use the service.

User Accounts and Security

To use our services, you may be required to create an account with us. You must provide accurate, complete, and current information during the registration process. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service. You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form, and maintain and promptly update your information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the service.

Use of Services

You are granted a non-exclusive, non-transferable, limited license to access and use our services strictly in accordance with these terms. As a condition of your use of the services, you warrant to us that you will not use the services for any purpose that is unlawful or prohibited by these terms. You may not use the services in any manner that could damage, disable, overburden, or impair the services or interfere with any other party’s use and enjoyment of the services.

You are prohibited from using the services to share, store, or in any way distribute unlawful content, including but not limited to content that is defamatory, libelous, abusive, hateful, harassing, obscene, or otherwise objectionable. You may not use our services to transmit any viruses, worms, or malicious content of any nature. We reserve the right to terminate your access to the services without notice if we, in our sole discretion, believe that your use of the services is in violation of these terms, or if you use the services to engage in any unlawful or prohibited activity.

Privacy Policy

Your use of our services is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the service, you signify your agreement to this Privacy Policy. If you do not agree with our Privacy Policy, you must stop using our services immediately.

Our Privacy Policy is designed to help you understand how we collect and use your personal information. We take your privacy seriously and are committed to protecting the personal information you provide to us. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy. We may update our Privacy Policy from time to time, and it is your responsibility to review the policy periodically to stay informed of any changes. Your continued use of the services after any modifications to the Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the updated policy.

Intellectual Property Rights

All content, including but not limited to text, graphics, images, software, and other material, available on our website and through our services is the property of Xyntaraz or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited license to use the content solely for your personal, non-commercial use, and in connection with your use of the services.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as authorized by these terms. Any use of the material for purposes not expressly permitted by these terms is strictly prohibited. If you wish to make any use of material on our site other than that set out in this section. Unauthorized use of any material contained on this site may violate intellectual property laws and could result in criminal or civil penalties.

Limitation of Liability

In no event shall Xyntaraz, its affiliates, or their licensors, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

We strive to ensure that our services are reliable and accurate, but we cannot guarantee that they will always function without disruptions, delays, or imperfections. You understand and agree that your use of our services is at your own discretion and risk. Xyntaraz makes no warranty or representation about the accuracy or completeness of the content on our site or the content of any sites linked to our site and assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Indemnification

You agree to defend, indemnify, and hold harmless Xyntaraz, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services, your violation of these terms, or your infringement of any intellectual property or other rights of any person or entity.

This indemnification obligation will survive the termination of your account and these terms. You agree that we may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Xyntaraz. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Termination and Suspension

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms. All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service. All fees paid to us are non-refundable and any outstanding balance on your account will immediately become due and payable. We reserve the right to refuse service to anyone for any reason at any time. We may remove or edit content, or cancel orders, at our sole discretion.

Governing Law and Dispute Resolution

These terms shall be governed and construed in accordance with the laws of the jurisdiction in which Xyntaraz is headquartered, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.

Any dispute arising out of or relating to these terms or the services will be resolved through binding arbitration conducted in accordance with the arbitration rules of the American Arbitration Association. You agree to resolve any dispute you have with us on an individual basis in arbitration and not as a class action. By using the service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state in which Xyntaraz is headquartered, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between you and Xyntaraz.