Terms of Use

Site Ownership and Terms of Use Agreement

These Terms of Use ("Terms") govern your use of the Cynthia Systems Inc. website accessible at www.cynthiasystems.com, as well as any other associated sites linked to www.cynthiasystems.com by Cynthia Systems Inc., its affiliates, and subsidiaries, including global Cynthia Systems Inc. websites (jointly referred to as the "Site"). The Site is owned by Cynthia Systems Inc. ("Cynthia Systems") and its licensors. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.

Cynthia Systems reserves the right to amend, modify, add or remove portions of these Terms at any time and at its sole discretion. We encourage you to review these Terms periodically for updates. Your continued use of the Site after the posting of changes signifies your acceptance of those changes. Provided you adhere to these Terms, Cynthia Systems grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Content and Intellectual Property

The content present on the Site, including but not limited to text, graphics, images, user and visual interfaces, trademarks, logos, sounds, music, artwork, and computer code (hereinafter referred to as "Content"), is owned, controlled, or licensed by or to Cynthia Systems Inc. This Content encompasses the distinctive design, structure, and arrangement, representative of Cynthia System Inc.’s “look and feel,” and is safeguarded by copyright, trademark, and various other intellectual property rights and unfair competition laws in adherence to the prevailing regulations of the State of California and the United States of America.

Except as delineated in these Terms, you may not reproduce, copy, upload, post, publicly exhibit, encode, translate, transmit, or distribute any part of the Site or the Content to any other medium, including other websites, servers, or computers, for publication, distribution, or any commercial purpose without obtaining explicit prior written consent from Cynthia Systems Inc.

Cynthia Systems Inc. may provide materials such as data sheets, knowledge base articles, and other similar resources (the "Materials") for downloading. You are permitted to use these Materials conditioned upon your adherence to the following: (1) retaining all proprietary notices contained in the original Materials on any copies, (2) utilizing the Materials strictly for personal, non-commercial, informational purposes and refraining from broadcasting them on media or networked computers, (3) abstaining from modifying the Materials, and (4) not making any representations or warranties about the Materials, aside from those explicitly stated by Cynthia Systems Inc.

Your Use of the Cynthia Systems Inc. Site

Your usage of the Cynthia Systems Inc. website ("the Site") must adhere to ethical and lawful practices, respecting both the technical infrastructure and the rights and privacy of others.

You are prohibited from using automated means such as "deep-link", "page-scrape", "robot", "spider" or other algorithms and methodologies to access, monitor, or copy any part of the Site or its content. Similarly, unauthorized attempts to access any part of the Site or Cynthia Systems Inc. servers through hacking, password mining, or other illegitimate tactics are strictly forbidden.

Respecting the privacy and safety of other users is paramount. As such, you should not engage in actions that seek to identify, trace, or exploit information about other visitors to the Site or other Cynthia Systems Inc. customers, including attempting to trace any account not owned by you. Any endeavor to breach the security measures of the Site or connected networks, including probing, scanning, or testing vulnerabilities, is prohibited.

You agree to refrain from actions that could impose an unreasonable or disproportionately large burden on the Site's infrastructure or on Cynthia Systems Inc.'s systems and networks. This includes using any device, software, or routine to interfere with the proper functioning of the Site or any transactions conducted therein, or to disrupt other individuals’ use of the Site.

Furthermore, the manipulation of identifiers to disguise the origin of any message sent to Cynthia Systems Inc. through the Site is not allowed. This encompasses forging headers and impersonating others, whether individuals or entities.

Your use of the Site and its content must strictly abide by these Terms of Use, always maintaining a lawful conduct and avoiding any action that infringes upon the rights of Cynthia Systems Inc. or others, or solicits illegal activity. Adherence to these stipulations ensures a safe and respectful environment for all users.

Purchases and Other Terms and Conditions

When using the Cynthia Systems Inc. site ("the Site") for purchases or participating in features such as contests and promotions, additional terms and conditions may be applicable. These would be considered an integral part of the Terms of Use. It is incumbent upon you to adhere to these terms and, where necessary, ensure you meet the legal age requirements to engage with such services or features.

In instances where there is a discrepancy between the general Terms of Use and the terms stipulated for specific sections of the Site or services provided through it, the latter shall prevail. Cynthia Systems Inc. retains the exclusive right to amend the details of its offerings, including but not limited to product details and pricing, without prior notification. Although we aim to present the most recent information, we do not pledge to update the content pertaining to products and services invariably.

Moreover, Cynthia Systems Inc.'s commitments concerning its products and services are dictated solely by the individual agreements under which they are administered, and nothing on the Site should modify these agreements.

To facilitate your understanding and guide your use of the Site, please refer to the following policies, which are incorporated into these Terms of Use:

Note that we reserve the right to revise these policies at our discretion. Any alterations will become effective immediately upon being uploaded to the Site.

Through adherence to these conditions, you contribute to a functional and respectful platform, ensuring compliance with the prevailing laws of California and the United States.

Accounts, Passwords, and Security Responsibilities

When utilizing services or features on the Cynthia Systems Inc. website ("the Site"), you may be required to create an account, inclusive of setting up a unique ID and password. It is your duty to safeguard the confidential information related to your account, including the password, and to assume full responsibility for activities occurring through your account due to any lapse in securing this data. We urge you to immediately notify Cynthia Systems Inc. of any unauthorized access to your account, or any security breach you become aware of. Please understand that you could be held accountable for losses experienced by Cynthia Systems Inc. or other site visitors and users as a result of someone else accessing your account information due to your failure to uphold the requisite confidentiality.

Furthermore, you are prohibited from using another individual’s ID, password, or account without having obtained clear and direct consent from the account holder. Cynthia Systems Inc. cannot assume liability for losses or damages emerging from non-adherence to these obligations. As a user of the Site, it's incumbent upon you to act responsibly and maintain the security measures in place, aiding in creating a safe and secure environment for all users, while complying with the laws of California and the United States.

Privacy Promise

Your use of the Cynthia Systems Inc. website ("the Site") is governed by the Cynthia Systems Inc. Privacy Policy, which is incorporated into these Terms of Use. To familiarize yourself with our Privacy Policy, you can access it here. It is essential to acknowledge that while we strive to secure your information, no internet transmission can guarantee absolute privacy or security. Consequently, there is a possibility that your communications with the Site could be accessed by unauthorized third parties. By utilizing the Site, you accept the inherent risks of online communications, understanding that, despite our best efforts to secure sensitive information, including encrypting credit card details, there exists a potential for interception by others. It is advised to exercise caution and responsibility when sharing personal information online.

Links to Other Sites and to the Cynthia Systems Inc. Site

Our site may feature links to other third-party websites ("Linked Sites"), presented for your convenience and reference. While we offer these links as a facility, it is important to note that these Linked Sites operate independently and are not under the control or supervision of Cynthia Systems Inc. Consequently, we cannot assume responsibility for the content, materials, or any other aspect of these sites. Cynthia Systems Inc. does not implicitly endorse the Linked Sites, and we encourage you to exercise discretion and independently assess your interactions with these Linked Sites. Our goal is to facilitate a beneficial and safe experience; however, your engagement with the Linked Sites is at your individual judgment and responsibility.

Disclaimers

Cynthia Systems Inc. strives to provide a seamless and error-free experience on our site, but we cannot guarantee that the site, its content, services, or features will always be uninterrupted or flawless. The content and services on the site are provided "as-is" and "as-available," meaning we reserve the right to alter any information without prior notification. While we endeavor to keep the site secure, we cannot ensure that the files or other data you download will be devoid of viruses or other potentially harmful features.

We disclaim all warranties, either expressed or implied, including but not limited to, warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. We assume no liability for any actions, omissions, or conduct of third parties related to your use of the site. Your sole remedy in case of dissatisfaction is to cease using the site.

This disclaimer encompasses any liability, damages, or injuries incurred through performance failures, errors, omissions, interruptions, deletions, delays, computer viruses, unauthorized access, and other issues, whether arising from breach of contract, tort, negligence, or other causes.

We reserve the discretionary right, without notice, to (1) modify, suspend, or terminate operation of or access to the site, or any portion thereof, for any reason; (2) amend the site or its segments, including its policies or terms; and (3) pause the site operation, fully or partly, for routine or non-routine maintenance, error rectification, or other necessary adjustments. This is to maintain a high standard of service, while safeguarding our mutual interests in accordance to the legal frameworks of California and the United States.

Limitation of Liability

In alignment with legal stipulations, Cynthia Systems Inc. is not liable for any indirect, consequential, special, incidental, or punitive damages, including loss of profits that you might incur, even if we have been notified of potential such damages, barring any scenario where the law states otherwise.

In the event that Cynthia Systems Inc. is held accountable for any loss or damage arising from your use of our site or its content, notwithstanding other provisions in these Terms of Use, our liability will not exceed the higher of the two following: (1) the cumulative total of subscription or related fees pertaining to services or features on our site paid in the six months leading up to the initial claim against Cynthia Systems Inc. (excluding costs for any Cynthia Systems hardware or software products or any similar support program fees), or (2) a total of US$100.00.

Please note that some jurisdictions do not permit the restriction of certain liabilities, meaning the above limit might not be applicable to all users. We encourage adherence to the legal frameworks of California and the United States, maintaining a conscious respect for user rights while stipulating a fair boundary on our liability.

Indemnity

You commit to safeguarding Cynthia Systems Inc., including its directors, officers, shareholders, employees, agents, predecessors, successors, subsidiaries, and affiliates, by indemnifying and holding them harmless from any third-party demands, losses, liabilities, claims, or expenses (inclusive of attorney fees) that emerge in relation to your use of our site. This provision stands to protect Cynthia Systems Inc. from any financial repercussions and legal disputes that may arise from a breach of these terms, helping maintain a respectful and lawful user environment. It affirms your responsibility towards any claim directed against Cynthia Systems Inc. due to your actions while utilizing our services.

Violation of Terms of Use

In case of a violation of these Terms of Use, Cynthia Systems Inc. maintains the right to use any necessary means to protect its interests and abide by the law, including revealing your identity and other personal details to relevant parties or authorities. We may preserve your communications with us and might disclose them to comply with legal requirements, respond to claims, or ensure the safety of Cynthia Systems Inc., its team, and the public.

You understand that violating these terms can lead to the termination of your access to our site, without prior notice, at our sole discretion. Such terminations could be due to various reasons including, but not limited to, legal demands, your own request, significant changes to the site services, or technical challenges.

We emphasize that non-compliance with these terms is seen as unlawful and unfair business conduct, causing us considerable harm that can't solely be remedied through financial compensation. Hence, we reserve the right to seek injunctive or other appropriate relief as deemed necessary.

Furthermore, if we initiate any legal action against you for breaching these terms, you consent to cover all reasonable costs, including attorneys' fees, incurred during the action, on top of any other relief granted to Cynthia Systems Inc.

By agreeing to these terms, you waive any claims against Cynthia Systems Inc. for any liabilities arising from the termination of your access due to any violation of these terms, underscoring your understanding and acceptance of your responsibilities in maintaining a lawful and respectful user environment.

Governing Law and Dispute Resolution

Your use of this site and any related disputes will be overseen by the prevailing laws of the United States and the state of California, excluding any conflict of law principles. We mutually agree that any legal action will take place in the state or federal courts located in Santa Clara County, California, to which you waive any objections regarding jurisdiction or venue. Notwithstanding the above, if you reside in the European Union, you reserve the right to file a claim in the courts of your home country.

All claims arising from these Terms of Use must be filed within one year from the emergence of the cause of action, failing which the claim will be irrevocably waived, except where different stipulations are provided under separate purchasing terms and conditions. The relief sought in any dispute shall be limited to actual out-of-pocket expenses, though the prevailing side will be entitled to attorneys' fees and costs.

In an effort to maintain a collaborative and respectful relationship, we encourage the resolution of any conflicts arising from your use of the site through prompt and good faith negotiations within a thirty-day period. If resolution is unattainable within this time frame, we are open to pursuing mediation. If mediation proves unsuccessful, both parties retain the right to seek applicable legal remedies. This approach underscores Cynthia Systems Inc's commitment to resolving issues amicably while upholding the rights and remedies sanctioned by law.

Access Restrictions and Compliance with Local Laws

Cynthia Systems Inc. oversees the operation of this site from its hub in Mountain View, California, USA, notwithstanding that other domains under its purview may be managed globally. While our platform is globally accessible, we cannot guarantee the availability or appropriateness of all features, products, or services in every region or country, especially outside the United States. We, therefore, reserve the exclusive right to determine the provision and quantity of any feature, product, or service to any individual or geographical location.

It is important to note that offers presented on this site may not be valid in jurisdictions where they are prohibited. If you opt to use our site from a location outside the United States, you are urged to do so judiciously, bearing the onus of abiding by the relevant local laws that apply in your jurisdiction. This is a reflection of our commitment to uphold legal stipulations and adapt our offerings to suit diverse user needs while respecting regional restrictions and guidelines.

Compliance and General Provisions

We underscore the necessity to comply with all applicable laws and regulations, including U.S. export laws, in utilizing any content, product, or service available on this site. Unauthorized use, export, or re-export of the aforementioned is strictly prohibited.

In the instance that any clause within these Terms of Use is deemed void or unenforceable by a competent legal authority, it will be moderated to the necessary minimum extent, replaced by a lawful clause that most accurately represents the original intent, ensuring the Terms of Use remain fully operative. This document constitutes the comprehensive agreement pertaining to your use of the site, superseding any prior agreements or understandings, verbal or written. Except as outlined in a separate purchase agreement with Cynthia Systems Inc., counter-offers to these terms are not acceptable.

It is vital to emphasize that our commitment to upholding these terms remains unwavering, and a failure to enforce any part of this agreement should not be perceived as a waiver of our rights. The terms outlined here are not intended to bestow any rights or remedies upon third parties.

While the site provides access to international data, including references or cross-references to products, programs, or services not available in your region, this should not be interpreted as an indication that Cynthia Systems Inc. plans to launch such offerings in your locality. We appreciate your understanding as we work to maintain a platform that is legally compliant and upholds the integrity of our operations.

Feedback and Updates

We value your input and encourage you to share your feedback with us while using this site. Please be advised that any feedback you offer will be considered non-confidential, granting Cynthia Systems Inc. the freedom to use this information without any restrictions.

Our website content is dynamic, with the potential for modifications occurring without prior notification. Stay abreast of the most recent updates by revisiting this space regularly.

© 2023 Cynthia Systems Inc. All rights reserved.

Last updated by the Cynthia Systems Inc. Legal Team on September 20, 2023.