1. Background :
https://www.cynoia.com/ Website; web, desktop, and the mobile apps, web interfaces, APIs, documentation, servers and all other Intellectual Property, software and infrastructure (individually referred to as “Cynoia Product” or “Cynoia Services” are owned, registered and operated by Cynoia SA. ("Company"), a company incorporated under the laws of Tunisia.
Cynoia Terms of Use (“Terms of Use”) include and incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between Cynoia and its related companies (the “Company” or "We" or “Us”) and you ("You" or “User”).
By accessing or using Cynoia, You agree that:
We reserve the right to make changes to Cynoia Terms of Use at any time. Any modifications will become effective immediately upon posting to the Website/Cynoia Product and Your continued use of the Website/Cynoia Product, and/or the Services (as defined below) constitutes Your agreement to such modifications.
You agree to periodically review the current version of Cynoia Terms of Use as posted on the Website/Cynoia Product.
2. Definitions :
2.1. For the purposes of Cynoia Terms of Use :
“Account” shall mean the space created by You and only accecible by You with your own credentials.
“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of Cynoia Terms of Use or thereafter.
“Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in the Tunisia.
“Minimum Age” shall mean any person by the age of majority in your jurisdiction or over.
“Website” shall mean the website of the Company accessible through www.cynoia.com or cynoia.com.
“Cynoia Product” shall mean the service offered by Cynoia and reffered to also as “Cynoia Service”
3. Services and restrictions :
3.1. We provide an array of services for team communication and collaboration in the form of Cynoia Products ("Service" or "Services"). You may use the Services for your personal and business use in the organization that you represent.
3.2. Subject to your compliance with Cynoia Terms of Use, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service.
3.3. You agree not to, and not to attempt to:
3.3.1. use the Service for any use or purpose other than as expressly permitted by Cynoia Terms of Use;
3.3.2. adapt, modify, prepare derivative copies based upon Website and Cynoia Services;
3.3.3. distribute, license, resell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit Cynoia Services, except as expressly permitted in Cynoia Terms of Use.
No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in Cynoia Terms of Use.
3.4 Company reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. The Company reserves the right
to refuse any user access to the Services without notice in case of a violation of the Terms of
Use.
3.5 If you violate Cynoia Terms of Use, the Company reserves the right to issue you
a warning regarding the violation or immediately terminate or suspend any or all Accounts you have
created using the Service. You agree that the Company will not provide you any notice before
terminating or suspending your Account(s), but it may do so.
3.6 Cynoia Products are offered through various versions, both free and paid. The
Company is not obligated to provide any support services with respect to the free version of the
various Cynoia Products and hereby reserves the right to suspend provision of free Cynoia Products at
any time or charge a subscription fee with respect to such Cynoia Product.
4. Privacy :
Your privacy is important to us. Please read Cynoia Privacy Policy (the "Privacy Policy") as it describes what information we collect and when; how we use, share and secure your personal data; what your rights are according to General Data Protection Regulation and other acts or legislations. Where processing is based on consent and to the extent permitted by law, by agreeing to Cynoia Terms, you consent to Cynoia’s collection, use, processing and disclosure of your content and Personal Data as described in the Privacy Policy. In some cases, we will provide dedicated notice and request your consent as referenced in the Privacy Policy.
5. Usage of Cynoia Services :
If you use Cynoia Services, as a User you are responsible for maintaining the security of the devices on which Cynoia is installed and/or used, as well as the security of your account associated with the Cynoia Services. You are responsible for all activities that occur on Cynoia under your account. You agree to provide true, accurate, current and complete information about yourself as prompted by the Cynoia Services. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, or that You are misusing Your account in any manner; We reserve the right to indefinitely suspend, terminate or block Your access to Cynoia Services.
6. User Rights :
You can have an unlimited number of team spaces on Cynoia. The only limit is to create one team space using one email. Using different emails is the only way to create multiple team spaces.
Subject to the terms detailled hereafter, We allow You to store or share any information, text, links, multimedia content, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services or receive material from others (“Content“). We don’t claim ownership of these Content. These Content remains your Content and You are responsible for it.
When you share these Content with other people, you understand that they may be able to use, save, record, reproduce, broadcast, transmit, share and display Content without compensating you. If you do not want others to have that ability, do not use the Services to share Content.
You represent and warrant that for the duration of Cynoia Terms, you have (and will have) all the rights necessary for these Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of these Content will not violate any law or the rights of others. Cynoia cannot be held responsible for these Content or the material others upload, store or share using the Services.
It is your right to request deleting a team space, and we reserve the right to process your request up to 30 business days.
Once the team space is deleted, the team space URL of a deleted team cannot be reused. You can create a new team space any time choosing any team space URL available.
We do not interfere with the flow of your team space on Cynoia and do not process deleting team space members, that can be done by team space owner or admins.
Team space owner can only be suspended or deleted by team space admins.
We can transfer the team space role to any active team space member, upon request from the team space owner themself.
It is your right to request us to modify or export the personal identifiable information in Cynoia web or desktop apps or by contacting info@cynoia.com.
Please note that the processing of data export is done semi-automatic and may take 90 days or more, depending on the amount of data. By the time of public release, we will deliver all the necessary tools for managing, accessing and exporting your data in your Cynoia team space settings. Once your request is processed you will see the changes immediately in your team space on Cynoia, but the data will be retained by Cynoia in the backup copy for a reasonable amount of time.
Users who are active subscribers of the Cynoia Business plan have rights to request data import from another team chat. We reserve the right to process the request and contact the user to negotiate the details of the data import.
7. Representations, Warranties and Obligations of the Company :
We hereby represent and warrant that:
7.1. We are a duly registered company as under the laws of Tunisia.
7.2. We are in compliance with the Applicable Law to provide Services, subject to
Cynoia Terms of Use.
7.3. We will comply with the Privacy Policy and ensure data security of the Users
at all times as per Cynoia Privacy Policy.
8. User representations, warranties, and obligations :
You hereby represent and warrant that:
8.1. You are either a company duly registered or a natural person, of the Minimum
Age, competent to contract, have read, understood and agree to be bound by Cynoia Terms of Use.
8.2. You have provided accurate information and details to the Company with respect
to your use of the Cynoia Services and shall also keep the contact information up to date.
9. User feedback, comments, and suggestions :
9.1. While submitting public feedback, posting comments, suggestions, opinions, etc.
(“User Content”), You agree and acknowledge that: - that such User Content does not have any illegal
content pursuant to the Applicable Laws;
9.1.1. We are not under any obligation of confidentiality, express or implied, regarding the User Content;
9.1.2. We reserve the right to use or disclose such User Content for any purpose, in any way, as We see fit;
9.1.3. By posting/ submitting User Content, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
9.1.4. Any feedback, comments, or suggestions you may provide regarding Cynoia Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Intellectual Property Rights :
10.1. All rights, title and interest in and to all materials that are part of the
Service (including, but not limited to, designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and arrangement), except for
Your content are owned by Cynoia SA. (Company) and/or its third party licensors
10.2. You agree that you shall not modify, copy, distribute, frame, reproduce,
republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or
in part, or otherwise exploit the intellectual property of the Company without our express prior
written permission. You acknowledge that you do not acquire any ownership rights by using the Service
or by accessing any material posted on the Service by the Company, or any derivative works thereof.
All rights not expressly granted by Cynoia Terms are reserved by the Company and its licensors, and no
license is granted hereunder by estoppel, implication or otherwise
10.3. You are only granted a limited, nonexclusive, revocable license to access and
make use of the Service after agreeing to Cynoia Terms of Use, but do not acquire the intellectual
property rights, such as copyrights related to the Website, and Cynoia Services. You may not revise,
rent, lease, resell, or distribute the Cynoia Services or any part of the Service.
11. Links :
11.1. The Website, and Cynoia Services may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the
content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or
any changes or updates to a Linked Site.
11.2. We are not responsible for any form of transmission, whatsoever, received by
the User from any Linked Site. We are providing these links only for convenience, and the inclusion of
any such link does not imply endorsement by Cynoia SA. of the Linked Sites or any association with
its operators or owners including the legal heirs or assigns thereof.
11.3. bY Accessing the Linked Sites, You will be governed by the terms of use,
privacy policy and such other additional policies of the Linked Sites. You further acknowledge and
agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on any such content,
advertising, products, services or other materials available on or through any Linked Sites or for any
errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic
material, or any profanity contained therein.
12. Fraud and Improper Conduct :
12.1. You may only access the Cynoia Services for lawful purposes. You are solely
responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining
to Your use of the Cynoia Services.
You agree that You will not in any way:
12.2. Interfere with the ability of others to access or use the individual Cynoia
Services.
12.3. Disrupt the normal flow of communication or otherwise act in a manner that
adversely affects other Users ability to access or use Cynoia Services.
12.4. Interfere with or disrupt Cynoia Services or servers, APIs or networks
connected to the Services, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Services.
12.4.1. API. You are not allowed to use or modify the API in a way that will interfere with or disrupt Cynoia Services. If You are interested in legitimate use of the API to integrate with your own service, You will have to obtain Cynoia SA. written consent and agree on any further commercial terms.
12.5. Post, upload, transmit or otherwise disseminate inappropriate content or
material and information that is obscene, indecent, vulgar, pornographic, offensive language, graphic
violence, sexual or otherwise objectionable or criminal activity
12.6. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse
anyone.
12.7. Upload or transmit (or attempt to upload or transmit) files that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted, toxic files or data, or any other
similar software or programs that may damage the operation of the Cynoia Services or other Users
devices.
12.8. Violate the contractual, personal, intellectual property, confidentiality or
other rights of any party including using, uploading, transmitting, distributing, or otherwise making
available any information made available through the Service in any manner that infringes any
copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy
or publicity).
12.9. Violate any Applicable Laws or regulations, or promote or encourage any
illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit
software, or cheats or hacks for the Service.
13. Limitation and Disclaimer of Warranty :
13.1. The Website, the Cynoia Services are provided "AS IS" without warranties of
any kind either expressed or implied. To the fullest extent possible pursuant to Applicable Law, We
disclaim all warranties, express or implied, with respect to the Website, the Cynoia Services and each
portion thereof, including, but not limited to, non-infringement or other violation of intellectual
property rights.
13.2. We do not warrant or make any representations regarding the use, validity,
accuracy, or reliability of the information shared by Users on the Cynoia Services.
13.3. We shall not be liable if any information shared by Users on the Cynoia
Services violates Applicable Law or contains material errors, or is (or could be subject to a claim
that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or
entity.
13.4. The content shared by Users on the Cynoia Services does not reflect our
opinion or view on any subject matter.
13.5. We shall not be liable for any direct, indirect, incidental or consequential
damages, whatsoever incurred by the User due to use of the Cynoia Services or due to the non-
availability of any of the Cynoia Services.
13.6. We shall not be liable in the event any damage or loss occurs to your computer
system, or any other electronic device, or any data as a result of (a) your access to or use of or
inability to access or use the Cynoia Services; (b) any conduct or content of any third-party on the
services, including without limitation, any defamatory, offensive or illegal conduct of other users or
third parties; (c) any content obtained from the Cynoia Services; or (d) unauthorized access, use or
alteration of your transmissions or content.
In no event shall the aggregate liability of the Company exceed the amount you paid the Company, if any, in the past 90 days for the Services giving rise to the claim. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.7. If You are dissatisfied or harmed by the Website or anything related with the
Cynoia Services, You should terminate Cynoia Terms of Use by deleting your account credentials
associated with the relevant Cynoia Services.
13.8. We shall be entitled to disclose to the Authority, as required by Applicable
Law or by any directive or request from any government body, the particulars of the Users engaged with
the Cynoia Services.
13.9. We shall be entitled to add, to vary or amend any or all Cynoia terms and
conditions at any time and the User shall be bound by such addition, variation or amendment once such
addition, variation or amendment is incorporated into Cynoia terms and conditions.
14. Indemnification :
14.1. You undertake to indemnify Cynoia, Inc. for any losses or damages resulting
from any third-party claims or complaints arising from, or in connection with Your actions on the
Website, or the Cynia Services and/or breach of this Agreement.
15. Termination :
15.1. We may terminate "Cynoia Service" with respect to You, immediately without
notice in the event of any breach by You of Cynoia Terms of Use or any of our applicable policies, as
posted on the Website or through the Cynoia Services from time to time or upon a misuse of the
Services by You.
15.2. You agree that upon the termination of Cynoia Terms of Use, We may delete all
information related to You with respect to the Services availed by you and according to Cynoia Privacy
Policy.
16. Refunds :
If you're not satisfied with Cynoia product or service, we offer a 14-day money-back guarantee after each billing transaction. No questions asked. After that, Cynoia does not provide partial or full refunds.
Example: You subscribed to a Business plan with $1000 on September 1, 2019, then updated your subscription on November 10, 2019 with $100, and ask for a refund on November 10, 2019, Cynoia will refund only $100, paid during the latest billing transaction, not the $1000 you paid on September 1, 2019.
If you upgraded to Cynoia Business plan during our limited time discount deal, then we do not provide any partial or full refunds.
17. Severability :
If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
18. General :
Unless otherwise specified herein, Cynoia Terms of Use for Services and the Privacy Policy constitute the entire agreement between you and Cynoia SA., in respect of the Services and supersede all previous written and oral agreements, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
19. Governing Law :
Cynoia Terms of Use shall be governed by and constructed in accordance with the laws of the Tunisia, without reference to conflict of laws principles. The courts in Tunisia, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, Cynoia Terms of Use. You agree to submit to the jurisdiction of the courts in Tunisia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.