Terms of Service

Welcome to Lyncd! These Terms of Service ("Terms") govern your access to and use of the website, platform, applications, and services (collectively, the "Service") provided by Lyncd Inc. ("Lyncd," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 15 THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS, EXCEPT AS PROVIDED IN SECTION 15.

1. How We Administer the Service

1.1 Eligibility

By using the Service, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract with Lyncd. If you are under 18, you may only use the Service with the involvement of a parent or legal guardian who agrees to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 User Accounts

(a) Account Ownership. To access certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

(b) Organizational Accounts. If you create or join an organizational workspace, the organization's administrator may have the ability to access, manage, and control aspects of your account and content within that workspace.

(c) Third-Party Connections. You may connect third-party services to your Lyncd account. By doing so, you grant Lyncd permission to access and use information from those services as necessary to provide the Service, subject to the terms and privacy policies of those third-party services.

(d) Account Security. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Lyncd will not be liable for any losses caused by unauthorized use of your account.

(e) Email Notifications. By creating an account, you consent to receive electronic communications from us, including service announcements, administrative messages, and, where you have opted in, marketing communications.

1.3 Changes, Suspension, and Termination

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also suspend or terminate your access to the Service if we reasonably believe you have violated these Terms, or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination will survive, including but not limited to intellectual property, indemnity, limitation of liability, and dispute resolution provisions.

1.4 User Interactions

You are solely responsible for your interactions with other users and agents on the Service. Lyncd reserves the right, but has no obligation, to monitor or mediate disputes between users.

2. Access; Restrictions

2.1 Access Grant

Subject to your compliance with these Terms, Lyncd grants you a non-exclusive, limited, non-transferable, revocable license to access and use the Service for your internal business or personal purposes.

2.2 Restrictions

You agree not to:

• Use the Service in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity.
• Use the Service to send spam, unsolicited messages, or bulk communications.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Use bots, scrapers, or automated means to access the Service without our prior written consent.
• Upload, transmit, or distribute any malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks.
• Interfere with or disrupt the integrity or performance of the Service, including through denial-of-service attacks.
• Use the Service to develop a competing product or service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Remove, alter, or obscure any proprietary notices or labels on the Service.
• Sublicense, resell, or redistribute the Service without our prior written consent.
• Use the Service in violation of any applicable law, regulation, or third-party rights.

3. User Content

3.1 General

"User Content" means any content that you submit, upload, or transmit through the Service, including but not limited to models, deployments, agent configurations, messages, files, data, and any other materials.

3.2 Rights

You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant Lyncd a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your User Content solely as necessary to provide and operate the Service. This license terminates when you delete your User Content or your account, except to the extent that the content has been shared with other users or is retained in accordance with our data retention policies.

3.3 Representations and Warranties

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not violate any applicable law or the rights of any third party; and (c) your User Content does not contain any material that is defamatory, obscene, or otherwise objectionable.

3.4 Disclaimer

Lyncd does not endorse any User Content and expressly disclaims any liability in connection with User Content. We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.

4. Intellectual Property

4.1 Definition

"Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights and any applications therefor.

4.2 Lyncd IP

The Service, including all algorithms, code, software, technology, designs, user interfaces, and documentation, is owned by Lyncd or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or Lyncd's intellectual property, except for the limited license granted in Section 2.1.

4.3 Third-Party Services

The Service may integrate with or contain links to third-party services. These third-party services are governed by their own terms and privacy policies, and Lyncd is not responsible for their content or practices.

4.4 Open Source

Certain components of the Service may include open-source software subject to separate license terms. To the extent there is a conflict between the open-source license and these Terms, the open-source license will govern with respect to that component.

4.5 AI Outputs

The Service may generate outputs using artificial intelligence ("AI Outputs"). Subject to these Terms and your compliance with them, you may use AI Outputs for any lawful purpose on a royalty-free basis. You acknowledge that:

• AI Outputs are not guaranteed to be unique and other users may receive similar or identical outputs.
• AI Outputs may contain errors, inaccuracies, or "hallucinations." You are responsible for evaluating the accuracy and appropriateness of any AI Outputs before relying on them.
• You should not represent AI Outputs as solely human-generated where doing so would be misleading or violate applicable law.
• Lyncd does not claim ownership of AI Outputs generated from your inputs.

5. Confidential Information

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Each party agrees to: (a) use the other party's Confidential Information solely for the purposes of these Terms; (b) not disclose Confidential Information to third parties except as necessary to perform its obligations, and only to recipients bound by confidentiality obligations at least as protective as these; and (c) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care.

6. DMCA

If you believe that content on the Service infringes your copyright, please send a notice of claimed infringement to our designated copyright agent at:

Lyncd Inc.
Attn: Copyright Agent
650 California St. Floor 7
San Francisco, CA 94108
Email: copyright@lyncd.ai

Your notice must include: (a) a description of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

7. Publicity Rights

You grant Lyncd the right to use your name and logo to identify you as a Lyncd customer on our website and in marketing materials, unless you opt out by sending a request to support@lyncd.ai.

8. Payments and Subscriptions

8.1 Billing and Taxes

If you purchase any paid features of the Service, you agree to pay all applicable fees and taxes. You are responsible for all taxes associated with your use of the Service, other than taxes based on Lyncd's net income.

8.2 Definitions

"Subscription" means a recurring plan for access to paid features of the Service. "Fees" means the amounts charged for your Subscription. "Payment Processor" means Stripe, Inc. or such other payment processor as Lyncd may designate from time to time.

8.3 Payment Method

By providing a payment method, you authorize Lyncd and our Payment Processor to charge your payment method for all Fees due. You agree to keep your payment information current and accurate.

8.4 Subscription Plans

Subscriptions automatically renew at the end of each billing period unless you cancel. Billing occurs at the beginning of each renewal period. To cancel, you must do so at least 3 days before the end of the current billing period. Cancellation takes effect at the end of the current billing period, and you will retain access until that date. Refunds are generally not provided for partial billing periods unless required by applicable law.

8.5 Promotional Offers

We may offer promotional pricing or free trials from time to time. Such offers are subject to additional terms and may be modified or discontinued at our discretion.

9. Privacy; Data Security

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

10. Third-Party Services

The Service may enable you to connect to or use third-party services. Lyncd does not control and is not responsible for these third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

11. Release

To the fullest extent permitted by applicable law, you release Lyncd and its officers, directors, employees, agents, and successors from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and any third party (including other users) in connection with the Service.

12. Indemnity

You agree to indemnify, defend, and hold harmless Lyncd and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of any third party.

13. No Warranty; Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LYNCD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LYNCD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LYNCD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

LYNCD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO LYNCD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

15. Governing Law, Arbitration, Class Action Waiver

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

15.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California. The arbitrator's decision shall be final and binding.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@lyncd.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

15.3 Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LYNCD EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

16. U.S. Government Restricted Rights

If you are a U.S. government end user, the Service is provided as a "commercial item" as defined in 48 C.F.R. §2.101, with "restricted rights" as defined in 48 C.F.R. §52.227-19. Use, duplication, or disclosure by the U.S. government is subject to the restrictions set forth in these Terms.

17. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or trade sanctions.

18. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Lyncd regarding the Service and supersede all prior agreements.
• Modification. We may modify these Terms at any time by posting updated Terms on the Service. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms.
• Waiver. The failure of Lyncd to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Assignment. You may not assign or transfer these Terms without Lyncd's prior written consent. Lyncd may assign these Terms without restriction.
• Notice. Notices to Lyncd should be sent to legal@lyncd.ai. Notices to you will be sent to the email address associated with your account.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Lyncd Inc.
650 California St. Floor 7
San Francisco, CA 94108
Email: support@lyncd.ai
Legal inquiries: legal@lyncd.ai
Copyright matters: copyright@lyncd.ai