Terms of Use

1. Service Provider

SyncAgency is operated by:

• Legal name: SyncAgency LLC
• Managing member: Lucas Provenzano (Sole Member)
• EIN: 35-2955550
• Registered office: 1209 Mountain Rd Pl NE Ste H, Albuquerque, NM 87110, United States
• Email: contact@syncagency.fr
• Website: https://www.syncagency.fr

2. Definitions

• "Service" means the SyncAgency platform, its features, and the associated software.
• "User" means any individual or legal entity accessing the Service.
• "Account" means the personal space created by the User to access the Service.
• "Agency" means the business entity registered on the platform, which may associate multiple team members and models.
• "Data" means all information transmitted or generated by the User in connection with the use of the Service.

3. Access to the Service and Account Creation

Access to the Service requires the creation of an account. The User agrees to provide accurate and complete information and to keep it up to date.

The User is solely responsible for the confidentiality of their login credentials. Any use of the Service from their account is presumed to be carried out by the User. In the event of compromised credentials, the User agrees to notify SyncAgency without delay at contact@syncagency.fr.

SyncAgency reserves the right to refuse access or to suspend an account at any time, in particular in the event of a breach of these Terms of Use.

4. Description of the Service

SyncAgency is a CRM (Customer Relationship Management) software offered as SaaS, intended for agencies managing content creators operating on messaging platforms such as Telegram and WhatsApp. The Service notably includes:

• Centralization of Telegram and WhatsApp conversations in a unified interface;
• Management of a media and script library per model (Vault);
• A bulk messaging module (Mass DM) with segmentation;
• An integrated payment processor allowing payments to be received directly within conversations;
• Performance tracking dashboards for chatter teams;
• A marketing acquisition module (depending on the subscribed plan) including social media account tracking and tracking link management;
• A real-time notification system.

The available features depend on the subscription plan chosen by the User. SyncAgency reserves the right to modify, add, or remove features at any time, subject to reasonable notice.

5. User Obligations

The User agrees to use the Service in a lawful, fair manner and in compliance with these Terms of Use. In particular, it is prohibited to:

• Use the Service for unlawful, fraudulent purposes or purposes contrary to public order;
• Attempt to gain unauthorized access to the systems, data, or accounts of other users;
• Introduce viruses, malware, or any harmful code into the Service;
• Reproduce, copy, resell, or commercially exploit all or part of the Service without SyncAgency's prior written authorization;
• Automate access to the Service through unauthorized bots or scripts;
• Send unsolicited communications (spam) through the Service's features;
• Collect personal data of third parties without their consent.

The User is solely responsible for the content they send, publish, or transmit through the Service, as well as for the consequences of such transmissions toward third parties.

6. Intellectual Property

All elements making up the Service (software, interface, graphics, text, trademarks, logos) are the exclusive property of SyncAgency or its licensors. Any unauthorized reproduction, representation, modification, or exploitation is strictly prohibited.

The User retains ownership of the content they integrate into the Service (scripts, media, customer data). They grant SyncAgency a limited, non-exclusive, and non-transferable license, solely for the purpose of delivering the Service.

7. Availability and Maintenance

SyncAgency endeavors to keep the Service available 24/7. However, interruptions may occur due to maintenance, updates, or technical incidents beyond SyncAgency's control.

SyncAgency undertakes to inform Users of scheduled maintenance with reasonable notice. In the event of an unforeseen interruption, SyncAgency does everything possible to restore the Service as quickly as possible.

SyncAgency cannot be held liable for any unavailability of the Service due to external causes (internet outages, force majeure, failures of third-party platforms such as Telegram or WhatsApp).

8. Limitation of Liability

To the extent permitted by applicable law, SyncAgency shall not be liable for:

• Any indirect, incidental, or consequential damages resulting from the use of or inability to use the Service;
• Loss of data due to User conduct or to circumstances beyond SyncAgency's control;
• Any harm resulting from the use of third-party platforms integrated into the Service (Telegram, WhatsApp, etc.);
• The accuracy or completeness of the data displayed in the analytics dashboards.

In any event, SyncAgency's liability under these Terms of Use is limited to the amounts actually paid by the User during the three months preceding the event giving rise to the damage.

9. Protection of Personal Data

The processing of personal data collected in connection with the use of the Service is governed by SyncAgency's Privacy Policy, available on the website. This policy complies with the General Data Protection Regulation (GDPR) and applicable law.

10. Term, Termination, and Suspension

These Terms of Use are entered into for an indefinite term as of the creation of the Account by the User.

The User may terminate their account at any time from the settings of their personal space or by contacting SyncAgency at contact@syncagency.fr. Termination takes effect at the end of the current billing period.

SyncAgency reserves the right to suspend or terminate a User's access in the event of a breach of these Terms of Use, without prejudice to any claim for damages.

11. Changes to the Terms of Use

SyncAgency reserves the right to modify these Terms of Use at any time. Changes are notified to Users by email or via an in-app notification, with a minimum notice period of 15 days before they take effect.

Continued use of the Service after the effective date of the new Terms of Use constitutes acceptance of them. In the event of refusal, the User may terminate their account in accordance with Section 10.

12. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of New Mexico (United States). In the event of a dispute relating to the interpretation or performance of these Terms of Use, the parties undertake to seek an amicable solution before any legal action.

Failing an amicable agreement within 30 days, any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Bernalillo County, New Mexico (United States), except where mandatory legal provisions applicable to consumers provide otherwise.

13. Contact

For any questions regarding these Terms of Use, you may contact us:

• By email: contact@syncagency.fr
• Via Telegram: https://taap.it/provenzanolucas