Terms of use

Introduction

These General Terms apply generally to the use of the service Sylaps (the "Service" or "Sylaps"), and constitute a contract between you and the company providing the Service, Sylaps Inc, 50430 Pontiac Trail, Wixom, MI 48393, USA. ("The Company"). These terms govern your access to and use of the Sylaps applications and websites (the "Service"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not Sylaps's ("User Content"). Such content is the sole responsibility of the person or entity that has made it available.

Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Sylaps Inc may engage or otherwise cooperate with in connection with the Service.

By using the Service you agree to these Terms of use and the Privacy Policy (collectively referred to as "Terms"). Please read them carefully. If you don’t agree to the Terms, you can’t use the Service.

We can change these Terms at any time. We keep a historical record of all changes to our General Terms. If an update is made, we’ll let you know before it takes effect. By using the Service on or after that effective date, you agree to the new Terms. If you don’t agree with them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms.

1. Basic description of the Service

The Service is a web based video meeting service that allows you to have video meetings with others in the browser simply by having individual participants typing in the same URL in the browser window. Typing in the same URL will make the participants appear in the same room where you can talk to each other with voice and text chat and see each other with transmitted video. You do not have to install any software or plugins to use the Service. You also do not have to register or log in to use the service.

The content you communicate in the Service, is only seen by the people who are present in a room at the time the content is communicated. It is not disclosed to anyone who are not present in a room. You should be aware that by default a room is open, so anyone who knows the url can enter the room simply by typing the URL in the browser. If anyone enters a room you are present in, you can see them in the room. You can prevent others from entering a room by locking the room. When a room is locked, only room owners can enter a room.

2. Age limitation

The Service is only for people 16 years old and over. By using the Service, you affirm that you are over 16. If we learn that someone under 16 is using Sylaps, we’ll terminate their account.

3. How you can use the Service

The Service is for legitimate individual use only (personal or business communication). Your use of the Service requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements, as may be specified in our FAQ. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from the Service.

To use certain parts of the Sylaps service, you will need to create a personal Sylaps account. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address, and The Company reserves the right to verify this at any time. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.

We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.

You are responsible for your use of the Sylaps service, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”). User Content includes room names, and you are responsible for ensuring room names does not include Prohibited User Content (as listed below). Your room names are used to construct the the URLs identifying your rooms, and guests you invite and other third parties can (request to) enter your rooms based on these URLs. As these guests do not need to authenticate to Sylaps in order to do this, please be aware that room names must be considered public information. Do not include information that you do not want to make public in room names.

4. Restrictions on Content and Use of the Service

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

We reserve the right to report illegal activity to applicable local authorities.

Prohibited User Content includes, without limitation, content which:

• is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
• displays or links to pornographic, sexually explicit or any other indecent material;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
• trademark infringement, copyright or legal rights;
• contains restricted or password only access pages or hidden pages or images;
• solicits passwords or personal data from other users;
• or violates the rights of or harms or threatens the safety of other users or the Service;
• shares Personal information about others, without their consent.

Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Service or parts of it in violation of such laws or regulations.

5. Charging for Use of the Services

Currently, no application fee or subscription fee is charged for the Service. However, as this may change in the future, we retain the right to charge subscription fee from you for ongoing use of the product (without retroactive effect and subject to your explicit consent).

6. Privacy and Personal Data

When delivering the Service, the Service will collect and process personal data about you and your use of the Service. The updated Privacy Policy is available on this page. By using our Service, you agree that the Service can use your personal data in accordance with our Privacy Policy and in accordance with the consent you have given us.

The Service will comply with US and EU privacy regulations.

7. Communication

The Service may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, e-mail or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.

The Service may offer to send you promotional information by SMS, e-mail or other means of electronic communication. You may choose to opt in to receiving such such communication and can manage your consents in the Settings page on https://sylaps.com/user/account.

8. Integrations

We may make available functionality allowing you to integrate other services (“Integration Service”) into the Service. Usage of such services will be governed by the Terms applicable for the Integration Service used.

When using the Service or third-party integrations to the Service, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by The Company of the contents of such third party websites. The Company excludes any responsibility for the content of linked third party websites.

9. Intellectual Property Rights

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of The Company. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of The Company Nothing in the Terms grants you the right to use any such marks.

You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant The Company, or must procure that your licensors grant The Company, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.

10. Termination

You may stop using our Service, by deleting your account in Settings on your personal account on the website. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you.

11. Miscellaneous

Disclaimer of warranty. The Company provides the Service to you as is. You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The Company makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. The Company will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. The Company will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

Youtube API Sylaps utilizes YouTube’s API, and as a user of Sylaps, you are agreeing to be bound to YouTube’s Terms of Service and Privacy Policy. You can find more information on YouTube’s terms here, and Google’s terms here.

Limitation of Liability. The Company shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, The Company's total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.

Indemnity. You agree to indemnify, defend and hold harmless The Company and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with The Company in asserting any available defenses.

Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with the events of force majeure.

Assignment. The Company is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with United State law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United State courts with the district court of Michigan, United State as the legal venue.