SYNERGY360 TEXT MESSAGE TERMS AND CONDITIONS
BY OPTING IN (AS DEFINED BELOW) TO RECEIVE TEXT MESSAGES FROM THE SYNERGY COMPANY, LLC (“SYNERGY360”), YOU ACCEPT THESE TEXT MESSAGE TERMS & CONDITIONS (“TERMS”) AND AGREE TO RESOLVE DISPUTES WITH SYNERGY360 THROUGH BINDING ARBITRATION (AND WITH LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN THE SECTION 4 (DISPUTES) BELOW.
SYNERGY360 TEXT MESSAGE TERMS AND CONDITIONS
Visit our full terms at Synergy360.ai/privacy.
BY OPTING IN (AS DEFINED BELOW) TO RECEIVE TEXT MESSAGES FROM THE SYNERGY COMPANY, LLC (“SYNERGY360”), YOU ACCEPT THESE TEXT MESSAGE TERMS & CONDITIONS (“TERMS”) AND AGREE TO RESOLVE DISPUTES WITH SYNERGY360 THROUGH BINDING ARBITRATION (AND WITH LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN THE SECTION 4 (DISPUTES) BELOW.
These Terms apply to text messages between you and Synergy360; they do not apply to any communications between you and any Synergy360 customers using the Synergy360 services.
1. OPTING IN
By signing up for or otherwise consenting to receive text messages from Synergy360 (“opt-in”):
• You authorize Synergy360 to use autodialer or non-autodialer technology to send marketing and other text messages to the phone number associated with your opt-in. • You acknowledge your consent to receive text messages from Synergy360 is not a condition of purchase. • You agree you are signing your opt-in. • You confirm you are the subscriber to the phone number associated with your opt-in.
Generally, Synergy360’s text message marketing campaigns will not exceed 10 messages per month. However, the number of text messages and frequency with which you receive text messages from Synergy360 may vary. Message and data rates may apply for any text messages sent to you from Synergy360 and to Synergy360 from you. If you have any questions about your text or data plan, contact your wireless provider.
2. OPTING OUT
You may opt out of receiving text messages from Synergy360 at any time. To stop receiving marketing text messages from Synergy360, text “REMOVE” in response to any Synergy360 marketing text message you receive. If you unsubscribe from Synergy360 marketing text messages and wish to resubscribe, reply “JOIN.”
To stop receiving all text messages from Synergy360, including transactional text messages, text “STOP” in response to any text message you receive from Synergy360. If you unsubscribe from all Synergy360 text messages and wish to resubscribe, reply “START.”
3. PRIVACY
Data obtained from you in connection with text messages between you and Synergy360 includes your mobile phone number, your carrier, the date, time, and content of your messages, and other information you provide to Synergy360 via text message. You consent to the processing of the information we obtain in accordance with our Privacy Policy.
4. DISPUTES
4.1 Generally. In the interest of resolving disputes between you and Synergy360 in the most expedient and cost-effective manner, you and Synergy360 agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and may allow for more limited discovery than in court. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SYNERGY360 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
4.2 Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
4.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 4 within 30 days after the date that you agree to these Terms by sending a letter or email that specifies: your full legal name, the phone number(s) you use to send text messages to and receive text messages from Synergy360, and a statement that you wish to opt out of arbitration, to The Synergy Company, LLC, Attention: Legal Department – Arbitration Opt-Out, 12605 NW 115th Ave STE B-105, Medley, FL 33178 or support@synergy360.ai.
4.4 Arbitrator. Any arbitration between you and Synergy360 will be settled under the Federal Arbitration Act and administered by the American Arbitration Association under its Consumer Arbitration Rules as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1 (800) 778-7879, or by contacting Synergy360. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Synergy360’s address for Notice is: The Synergy Company, LLC, 12605 NW 115th Ave STE B-105, Medley, FL 33178, USA. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Synergy360 may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Synergy360 must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Synergy360 in settlement of the dispute prior to the award, Synergy360 will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $5,000.
4.6 Fees. If you commence arbitration in accordance with these Terms, Synergy360 will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, you agree to reimburse Synergy360 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
4.7 No Class Actions. YOU AND SYNERGY360 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Synergy360 agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
4.8 Enforceability. If Section 4.7 or the entirety of this Section 4 is found to be unenforceable, or if Synergy360 receives an Opt-Out Notice from you, then the entirety of this Section 4 will be null and void and, in that case, the exclusive jurisdiction and venue for any action arising out of or related to any text message between you and Synergy360 or these Terms will be the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida. If you are located outside of the United States, the courts of your jurisdiction will be the exclusive venue for any disputes.
By agreeing to these Terms, you acknowledge that you have read, understood, and consent to the arbitration agreement and that you are giving up your right to litigate disputes through a court and to have a jury trial. You also agree that any disputes will be solely between you and Synergy360 and not as part of any class action or representative proceeding. If you do not agree to these terms, do not
opt-in to receive our text messages.
SYNERGY360.AI TERMS OF SERVICE
Synergy360.ai ( https://www.synergy360.ai ) including all of its related applications, dashboards, or platforms (individually and collectively, the “Website”), is owned and operated by The Synergy Company , LLC (“Synergy360,” “we,” “us,” or “our”).By using, installing, or accessing our Services or by agreeing to these Terms through a subscription process or by using the Services, you (“Client” or “you”) agree to be bound by these terms and conditions (“Terms” or “Agreement”).
If the Services are being used on behalf of an organization, you are agreeing to these Terms for that entity and representing to Synergy360 that you have the authority to bind that entity to these Terms.
1. Acceptance and Modification of Terms
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update and change the Terms by posting updates and changes to the Synergy360 website. You are advised to check the Terms from time to time for any updates or changes that may impact you.
2. Definitions
The Terms include a variety of defined terms, such as “Confidential Information,” “Client Data,” “Services,” “Subscription Documentation,” and others, which are used throughout the Agreement for clarity and specificity.
3. Services
Synergy360 provides a multi-product platform offering solutions such as reputation management, customer engagement tools, payment solutions, and other software services. The specific Services to which you have access may depend on the subscription or plan you select or use.
4. Free Trials and Beta Services
From time to time, Synergy360 may offer certain Services as closed or open beta services (“Beta Services”) for the purpose of testing and evaluation. You agree that Synergy360 has the sole authority and discretion to determine the period of testing and evaluation for Beta Services. Additionally, Synergy360 may offer free trials of certain Services for a limited period (“Free Trials”). Any Beta Service or Free Trial service you use is offered “as-is” and without any warranty.
5. Use of the Services
You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. Synergy360 grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Synergy360 as part of the Services.
6. Client Obligations
You are responsible for your conduct, Client Data, and communication with your users while using the Synergy360 Services. You must comply with all laws, regulations, and the rights of others when using the Services. You must obtain all necessary rights, consents, and permissions to submit data to the Services and allow Synergy360 to use it as envisaged by the Services and these Terms.
7. Fees and Payment
The fees applicable for Service (“Fees”) are available on the Synergy360 website and as part of the Subscription Documentation. By subscribing to the Service, you agree to pay Synergy360 the Fees for the Services used.
8. Confidentiality
Both parties agree to maintain the confidentiality of Confidential Information and to use such information only as permitted under these Terms.
9. Intellectual Property Rights
Synergy360 retains all rights, title, and interest in and to the Services and all related intellectual property rights. Synergy360 grants no rights to you under these Terms other than as expressly set forth herein.
10. Termination
You may terminate your use of the Services at any time. Synergy360 may also terminate or suspend your access to or ability to use the Services immediately, without prior notice or liability, for any reason.
11. Disclaimer and Limitation of Liability
The Services are provided “as is.” Synergy360 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Synergy360 nor its suppliers and licensors make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.
12. Indemnification
You agree to indemnify and hold harmless Synergy360, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
13. Modification of the Service
Synergy360 reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Synergy360 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We also reserve the right to update and change the Services provided, including adding or removing features or functionalities.
14. Data Protection and Privacy
Your use of the Services will involve the processing of Client Data, which may include personal data. You agree to comply with all applicable privacy and data protection regulations. You also agree to Synergy360’s privacy policy, available on our website, which outlines our practices concerning the collection, use, and disclosure of personal data.
15. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the state where Synergy360 is registered, without regard to its conflict of law provisions. Any legal actions or proceedings related to your use of the Services or these Terms shall be settled in the courts of the same state.
16. Entire Agreement
These Terms, together with any Subscription Documentation and Synergy360’s Privacy Policy, constitute the entire agreement between you and Synergy360 regarding the Services, and they supersede and replace any prior agreements between you and Synergy360 regarding the Services.
17. Amendments and Waivers
Synergy360 reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Feedback and Comments
Any feedback, comments, or suggestions you may provide regarding Synergy360 or the 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.
20. Contact Information
If you have any questions about these Terms or the Services, please contact Synergy360 at support@synergy360.ai or call +1 (855) 858-8777.
21. No Waiver
The failure of Synergy360 to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
22. Force Majeure
Synergy360 shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Synergy360’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
23. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Synergy360’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Synergy360 may assign or transfer these Terms, at its sole discretion, without restriction.
24. Notification Procedures and Changes to the Agreement
Synergy360 may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Synergy360 in our sole discretion. Synergy360 reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Synergy360 is not responsible for any automatic filtering you or your network provider may apply to email notifications.
25. Export Control
You agree to comply with all export control laws and regulations of the United States and any other country where you use the Services. You assure that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
26. Relationship of the Parties
Nothing in these Terms shall constitute a partnership, joint venture, agency, or employment relationship between you and Synergy360. Both you and Synergy360 enter into this Agreement as independent contractors.
27. Headings
The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
28. Survival
Sections that by their nature should survive termination of these Terms shall survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
29. Acknowledgement
By using Synergy360’s Services or accessing the Website, you acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions. You also agree that these Terms and any Subscription Documentation you may enter into in connection with the Services constitute the complete and exclusive statement of the agreement between you and Synergy360 and supersede all proposals, representations, or prior agreements, oral or written, and any other communications between you and Synergy360 relating to the subject matter of these Terms.
Contact Information
For any questions, suggestions, or concerns regarding these Terms or the Services, please contact us at:
The Synergy Company, LLC
Customer Support Email: Support@synergy360.ai
Phone: +1 (855) 858-8777
By accepting these Terms, you acknowledge that you have read and understood them, and you agree to be bound by all of their terms and conditions. If you do not agree to these terms, you should not use or access the Services provided by Synergy360.
Privacy Policy
Synergy360 is committed to protecting the privacy of the data relating to our users, and their clients. We will collect, store, use and protect any personal information that you share with us. We will not share your information with anyone, except as described in this Privacy Policy.
Throughout this Privacy Policy, we will refer to our website, applications delivered via the web, and other related services collectively as the “Service.”
This Privacy Policy does not apply to information we collect by other means than your use of the Service (including offline) or from other sources. When you sign up for Synergy360 and use the Service you agree to accept this Privacy Policy.
We reserve the right to change this policy at any time, and if we do so, we will post changes and updates to this page. Please refer to this policy periodically to inform yourself if changes have been made.
We collect certain information through our website, located at https://synergy360.ai/ (our “Website”). This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).
Information We May Collect
We collect the following Personally Identifiable Information from users who buy our products and services: name, email address, telephone number, address, and credit card number.
In addition, upon using the Service, individual transaction data obtained from your third-party invoicing or accounting application, (“Quickbooks,” “Xero,” “Clio” etc.) information collected via the browser, user generated content and other information uploaded to the website by the user, in conjunction with your use of the Service may be collected. Information obtained through these means that relates to the user’s client or customer to be invoiced through Synergy360 may at times be referred to as “Third-Party Client Information” throughout this Privacy Policy.
Additional information from or about you may also be collected in other ways, including responses to customer surveys and any communications with our customer service team.
We use “cookies” so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to the Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past usage and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.
Our Use of Personally Identifiable Information
We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer additional products and services, and to bill you. We also use this information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.
When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with Synergy360 , we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all Synergy360 customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to improve and enhance our offerings to you.
Synergy360 may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
Protecting Personal Information
Information that can be used to identify a person is “Personally Identifiable Information”. This does not include information that has been aggregated or made anonymous. All information is securely stored on our servers in the United States. We employ the highest in industry standards to protect Personally Identifiable Information, as well as any information provided relating to your invoiced customers.
Third-party client and customer information, provided to Synergy360 by users, shall be considered confidential and shall not be disclosed to any third party, unless required to do so by law or subpoena or if we believe that such action is necessary to conform to the law, or comply with legal process served on us. Such information shall be utilized only for the purpose for which Synergy360 was created, which is to facilitate the billing and collection process for electronic billing of customers and clients.
Although Synergy360 utilizes the highest reasonable levels of data security in the industry, we cannon guarantee the security of PII or other information provided to us. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.
Sharing Personal Information
{will not rent or sell your Personal Information to others. We may store personal information in locations outside the direct control of Synergy360 (for instance, on servers or databases co-located with hosting providers). Synergy360 will share your Personal Information with a limited number of Synergy360 partners for the explicit purpose of providing services to you. If we do this, such third parties’ use of your Personal Information will be bound by terms at least as restrictive as this Privacy Policy.
As we develop our business, we may buy or sell assets or business offerings. Customer, transaction, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, bankruptcy, mergers, or dissolution.
Except as otherwise described in this Privacy Policy, Synergy360 will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our User Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Synergy360 , our customers or others.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, Synergy360 will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.
Synergy360 shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Synergy360 ‘s control.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case Synergy360 may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account. You can review and correct the information about you that Synergy360 keeps on file by contacting us as described below.
Information Relating to Minors
Synergy360 does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on Synergy360 . In the event that we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us as described below.
Links to Other Web Sites
Synergy360 is not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.
Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Synergy360 in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.
Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.
Contact
Please contact us with any questions or concerns regarding our policy.
Customer Support Team: Support@synergy360.ai
Effective: January 1st , 2024
Copyright © 2024, Synergy360