Terms of Service
Last updated September 24, 2024
AGREEMENT TO OUR LEGAL TERMS
We are SynCycles (Anastasiia Tiurina, Katharina Hartlieb) GbR ('Company', 'we', 'us', or 'our'), a company registered in Germany at Hönower Str. 35, Berlin, Berlin 10318.
We operate the website https://syncycles.com (the 'Site'), the SynCycles Chatbot hosted on WhatsApp (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
SynCycles Chatbot is an AI-powered conversational assistant designed to support women in managing their menstrual health through personalised, real-time responses. The Chatbot leverages user-provided data, including menstrual cycle phases, symptoms, and dietary preferences, to generate tailored meal plans and hormone-balancing nutritional guidance. By syncing recommendations with the user’s cycle, SynCycles Chatbot delivers personalised content aimed at easing cycle-related symptoms. Built to facilitate seamless user interactions, the Chatbot provides automated responses while ensuring data privacy and security, in full compliance with applicable regulations.
You can contact us by email at [email protected] or by post at:
SynCycles (Anastasiia Tiurina, Katharina Hartlieb) GbR
Hönower Str. 35
10318 Berlin
Germany
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and SynCycles (Anastasiia Tiurina, Katharina Hartlieb) GbR, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY .
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- WHO CAN ACCESS SYNCYCLES?
- USER REPRESENTATIONS
- USER REGISTRATION
- USE OF OUR PRODUCT
- USER GENERATED CONTRIBUTIONS
- SERVICE QUALITY AND LIMITATIONS
- CHATBOT FEATURES AND CONTENTS ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT
- USE AT OWN RISK
- UPDATES AND MODIFICATIONS
- CONTRIBUTION LICENCE
- GUIDELINES FOR REVIEWS
- CHATBOT LICENCE
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the USE OF OUR PRODUCT section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the USE OF OUR PRODUCT section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our USE OF OUR PRODUCT section and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of:
- this section,
- any third party’s intellectual property rights, or
- applicable law.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENTS section below.
3. WHO CAN ACCESS SYNCYCLES?
You must be at least 16 years old to use the SynCycles Chatbot and access SynCycles’s content. We do not allow people to use the Chatbot and access SynCycles if they are younger than 16. We do not knowingly collect personal information from children under 16.
If you are aware of anyone that does not comply with these limitations, please contact us at [email protected], and we will take the necessary steps to delete or terminate their account.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that 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 Services (or any portion thereof).
5. USER REGISTRATION
There is no formal account creation required to use the SynCycles Chatbot. Users can interact with the Chatbot without registering or creating a user profile with a password. However, to initiate the interaction with the bot users need to provide certain personal information, such as a name. Users acknowledge that this information may be used to personalise the Chatbot's responses. Users are responsible for ensuring the accuracy of any information provided during their interactions. This information will be held and used in accordance with our privacy policy, which can be found under https://syncycles.com/privacy_policy.
SynCycles reserves the right to deny the creation of any account or limit the availability to users under the age of 18 of certain content in the Chatbot, in its sole discretion.
6. USE OF OUR PRODUCT
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services.
7. USER GENERATED CONTRIBUTIONS
The Service does not offer users to submit or post content publicly. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy .
Users of the SynCycles Chatbot may upload images to the chat for the purpose of image recognition. These images are processed in real-time and are not stored or retained after the interaction. Users acknowledge that any content uploaded is intended solely for private interaction with the Chatbot and will not be publicly posted or shared with other users. By uploading images, users confirm that they own the rights to the content or have the necessary permissions to use it. Any misuse of this feature, including the upload of illegal or inappropriate content, is strictly prohibited and may result in the suspension or termination of access to the platform.
Users may provide personal information related to their menstrual cycle, such as symptoms, dates, and other health-related data, to receive personalised support from the SynCycles Chatbot. This information is used solely for the purpose of generating tailored advice. By submitting cycle-related data, users agree that the information is accurate and relevant to their interaction with the Chatbot. Misuse of this feature or submission of false data is prohibited and may result in restricted access to the platform.
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. SERVICE QUALITY AND LIMITATIONS
The SynCycles services are designed to provide users with personalised support for managing menstrual health through tailored meal plans and guidance. While we strive to offer high-quality, accurate, and helpful information, we do not guarantee specific results or outcomes from the use of our services.
Users acknowledge that the effectiveness of the SynCycles services may vary based on individual circumstances, and we cannot promise that our recommendations will eliminate or alleviate any symptoms or conditions.
We expressly disclaim any liability for the effectiveness of our services and any consequences arising from the use of the SynCycles platform. Users are encouraged to consult with qualified healthcare professionals for personalised medical advice.
9. CHATBOT FEATURES AND CONTENTS ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT
The SynCycles Chatbot, including its features and content, is not intended to provide medical advice, diagnosis, or treatment. All information offered through the app, such as nutritional recommendations and cycle-related insights, is for informational purposes only and should not replace professional medical consultation or guidance. While the Chatbot aims to deliver helpful and relevant content based on user input, it does not establish a doctor-patient relationship and is not a substitute for professional medical evaluation or treatment. Users are encouraged to consult with a qualified healthcare provider for personalised medical advice and to address any health concerns.
10. USE AT OWN RISK
By using the SynCycles Chatbot, users acknowledge that they do so at their own risk and agree that they are not liable for any health outcomes, decisions, or actions taken based on the information provided. The platform is designed to complement, not replace, professional medical care, and users should exercise caution and judgement when using the provided guidance.
11. UPDATES AND MODIFICATIONS
To ensure optimal functionality and the best possible experience with the SynCycles Chatbot, you agree to regularly update your device's operating system and the Chatbot itself when prompted. From time to time, SynCycles may automatically download and install updates or upgrades to improve the performance, functionality, and security of the service, without prior notice to you. These updates are necessary for the proper use of the service and may include changes to the software, enhancements, bug fixes, or new features.
Additionally, SynCycles reserves the right to modify, expand, or discontinue certain features or functionalities of the Chatbot at any time. This may include deactivating or discontinuing part or all of the service, without prior notice or liability to you. Your use of the SynCycles Chatbot does not guarantee ongoing availability of specific features, and we make no commitment to keeping servers or content associated with the service accessible indefinitely.
12. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
13. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
14. CHATBOT LICENCE
Use Licence
Subject to your compliance with these Terms & Conditions, SynCycles grants you a limited, non-exclusive, non-transferable licence to access and use the SynCycles Chatbot solely for your personal, non-commercial use via the WhatsApp platform.
You may not:
- Modify, adapt, or create derivative works based on the Chatbot;
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Chatbot;
- Distribute, rent, lease, or sell access to the Chatbot to any third party;
- Use the Chatbot for any unlawful purpose or in a manner inconsistent with these Terms;
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or our licensors;
- Use the Chatbot for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
- Make the Chatbot available over a network or other environmental permitting access or use by multiple devices or users at the same time;
- Use the Chatbot to create a product, service, or software that is competitive with or a substitute for the Chatbot;
- Use the Chatbot to send automated queries, unsolicited commercial emails, or other spam;
- Use any proprietary information, interface, or other intellectual property of ours in the design, development, licensing, or distribution of applications, accessories, or devices for use with the Chatbot.
WhatsApp License
By using the Chatbot through WhatsApp, you acknowledge and agree that:
- Agreement with SynCycles: These Terms are between you and SynCycles GbR, not WhatsApp. WhatsApp only provides the platform for communication, and it is not involved in managing or operating the .
- WhatsApp Terms: Your use of the SynCycles Chatbot is also subject to WhatsApp’s Terms of Service and Privacy Policy . You must comply with these terms in addition to our Terms & Conditions.
- No Liability of WhatsApp: WhatsApp is not responsible for the Chatbot, its content, or the services provided. Any issues, claims, or concerns related to the Chatbot should be directed to the Service and not to WhatsApp.
- Third-Party Terms Compliance: You are responsible for complying with all applicable third-party terms and agreements, including WhatsApp's terms, when using the SynCycles Chatbot.
- No Endorsement:: WhatsApp does not endorse the Chatbot, its content, or any interactions you have with it. Any issues related to performance, availability, or functionality are solely managed by SynCycles.
- Data Sharing: While using the SynCycles Chatbot on WhatsApp, certain information may be processed by WhatsApp in accordance with their privacy policy. Please refer to WhatsApp's policy for details on how your data is handled by them.
15. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY
18. COPYRIGHT INFRINGEMENTS
All content, features, and functionality on the SynCycles platform, including but not limited to text, graphics, logos, images, audio clips, and software, are the original works of SynCycles GbR and are protected by copyright, trademark, and other intellectual property laws. Unauthorised use, reproduction, distribution, or modification of any materials on the SynCycles platform is strictly prohibited without prior written consent from us.
While we have not registered any intellectual property, we assert our rights to all original content created for the SynCycles platform. You may not use any content from the SynCycles platform for commercial purposes without obtaining a licence to do so from us.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
19.TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
20. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. SynCycles (Anastasiia Tiurina, Katharina Hartlieb) GbR and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Berlin, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Germany, or in the EU country in which you reside.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Berlin, Germany. The language of the proceedings shall be English / German. Applicable rules of substantive law shall be the law of Germany.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
24. LIMITATIONS OF LIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. CALIFORNIA USERS AND RESIDENTS
1625 North Market Blvd.,
Suite N 112,
Sacramento,
California 95834
or by telephone at (800) 952-5210
or (916) 445-1254.
29. MISCELLANEOUS
30. CONTACT US
SynCycles (Anastasiia Tiurina, Katharina Hartlieb) GbR
Hönower Str. 35
10318 Berlin
Germany