Terms & Conditions

These TERMS OF SERIVCE form a legally binding contract between yourself ("you" or "user" or "member") and Synkia AS, a company established under the laws of the Country of Norway located at Olabakken 15, 1397 Nesoya, Norway and its suppliers and its licensors (collectively, "Synkia", "us" or "we") and apply to all of Synkia's users and members and those who use Synkia’s services through our Web site or via third parties integrating Synkia functionality or otherwise and by using the Synkia service (the "Service") you agree to be bound by these TERMS OF SERVICE.

By clicking on the "Accept" button or otherwise using or accepting Synkia's software ("Software") and Service (collectively, the "Synkia Offerings"), you agree to be bound by the terms of these TERMS OF SERVICE.

If you do not agree to these terms of service, do not click on the "Accept" button and do not use the Software or Services. You agree that your use of the Software AND/Or Services acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service.

Description of Service

Synkia is a service that lets you backup the content of your mobile phone, manage and archive the information on the worldwide web, and restore the information to the same or another mobile phone.

Personal License

Synkia hereby grants you a non-exclusive, non-transferable license to use the Synkia Offerings subject to the terms and conditions in these TERMS OF SERVICE.

Synkia's Right to Terminate or Modify TERMS OF SERVICE and Services

Synkia may modify these TERMS OF SERVICE upon notice to you at any time. These modifications may include, without limitation, charging for any features within the Synkia Offerings. Synkia may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site or by transmitting such changes to you by download. In the event Synkia modifies these TERMS OF SERVICE, you may terminate your use of the Synkia Offerings. Synkia may also terminate your right to use the Synkia Offerings at any time for any reason. Without limiting the prior sentence, your right to use the Synkia Offerings will automatically terminate if you fail to comply with any term or provision of these TERMS OF SERVICE. No notice shall be required from Synkia to effect such an automatic termination. Upon any termination of your right to use the Synkia Offerings, you shall immediately discontinue use of the Synkia Offerings.

Restrictions

You may not: (i) prepare derivative works based on the Synkia Offerings; (ii) reproduce the Synkia Offerings except as specifically provided in these TERMS OF SERVICE; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Synkia Offerings or copies thereof in any form whatsoever to any third parties or use the Synkia Offerings for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Synkia Offerings, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These TERMS OF SERVICE shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the SYNKIA OFFERINGS not expressly granted herein are reserved by SYNKIA.

You agree that you shall only use the Synkia Offerings in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Synkia Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

Service availability; No-Warranty

Synkia makes and you receive no warranties, express, implied, statutory, or otherwise, and Synkia specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the Synkia Offerings. Synkia does not warrant that the Synkia Offerings will meet your requirements or that the Synkia Offerings will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

Subject to the foregoing and in no way in limitation of the foreogoing, Synkia expects that the service will be available on mobile networks globally. For the following carriers in the USA: Alltel, AT&T Mobility, Boost Mobile, Cellular One, Nextel, Sprint, T-Mobile, Verizon, our short code number is 70734.

Subject to the foregoing and in no way in limitation of the foregoing, users can use the Service if they have:

* the ability to send and receive text-messages on their cell phones,
* any data transmission (WAP, GPRS, Edge, 3G,WLAN) enabled on their cell phones,
* SyncML compliant phones.

Subject to the foregoing and in no way in limitation of the foregoing, you can check if the Service is supported by your phone here.

Devices based on Windows Mobile OS, Palm OS, BlackBerry phones and iPhones do not have SyncML protocol preinstalled but you can still install it. If this is the case, during signup you will be directed to third party web site in order to download SyncML software for your device. In most cases you will be charged by third party for SyncML software. It is your responsibility to identify and evaluate the price of SyncML software.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Synkia or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these TERMS OF SERVICE or the use of or inability to use the Synkia Offerings, even if Synkia has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Synkia related to these TERMS OF SERVICE or the Synkia Offerings shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you paid for the Software and Services. Because some states/jurisdictions or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You agree to hold harmless, indemnify and defend Synkia, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Synkia Offerings in violation of another party's rights or in violation of any law, or (ii) violated these TERMS OF SERVICE.

Service availability and disclaimers

The Synkia service is provided "as is" and you agree to use it at your own risk. The service is designed to be reliable and with high quality, but Synkia cannot guarantee that it will work according to expectations any time, on all handsets and across all carriers.

In no event shall Synkia be liable to you or a third party for loss or damages arising out of using the service or loss of data.

Synkia has the right to cancel a subscription if the account is being used for unlawful activities.

Synkia has the right to terminate the service (or a part of it) with three months written notice. Such notice can be given on web or by sms. If the service is terminated while the user is having active accounts a relative portion of the payment shall be paid back.

Title

Title, ownership, rights, and intellectual property rights in and to the Synkia Offerings, including any and all applicable copyrights, shall remain in Synkia. The Synkia Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

Export Restrictions

You cannot export or re-export the Software in any form without the appropriate all applicable governmental licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these TERMS OF SERVICE.

Signup, payments and usage

When you sign up for the Service, Synkia will send you an sms with verification code to be entered on our web site, so that we can verify your phone number. Signing up entitles you to a personal license to use the Service for a fixed period of time. The license cannot be transferred or redistributed to another legal entity.

After sign up you are granted a free trial of the Service. After the free trial you will need to pay for the Service according to pricing and payment. During the trial period you can synchronize only 1 phone.

You will be charged by your operator for sms'es sent to Synkia and for data transmission according to your price plan. It is your responsibility to check with your mobile operator to identify and evaluate these rates.

By using the Service you agree:

* that all information provided during registration is correct, current and complete,
* to maintain and protect the security of your user credentials (such as username and password),
* to be fully responsible for all use of your account and any actions that take place using your account.

Service termination

You can cancel your subscription at any time in the User Account section of the web application or when the current subscription period expires. When the subscription is cancelled, access to the web application is blocked. When the subscription is cancelled due to expiration, Synkia will store your data for next 12 months and You will be able to access the data from the expired account if you pay for the whole inactive period according to pricing and payment.

Synkia communication

By using the Service, Synkia may communicate with you via email or sms/texts. You agree to receive messages which are specific to your account and necessary for the normal functioning of the Service.

Third Party Information

The Service may contain links to other websites and content belonging to or originating from third parties ("Third Party Information"). Such Third Party Information is not investigated or monitored by us, and you agree that Synkia is not responsible for the availability of such external sites or resources, and does not support and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that Synkia shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.

Service/Help info

To get help, contact Synkia at support@synkia.com, toll- free US number +1 (877) 806-3596 or visit www.synkia.com/WWW_Contact.

PrivacyPolicy; Changes to Privacy Policy

Synkia protects all information collected from users at several different points on its web site and web applications according to practices described in the Privacy Policy. Synkia reserves the right to change this Privacy Policy at any time if deemed necessary. We will inform users of these changes by publishing the revised Privacy Policy here. The revised Privacy Policy shall become effective immediately after such publishing, however Synkia will not reduce any users rights given under this Privacy Policy without his/her explicit consent.

Miscellaneous

No Assignment. The Software and Services are personal to you, and may not be transferred or assigned without Synkia's express written consent.

Governing Law; Jurisdiction. These TERMS OF SERVICE are governed by the laws of Norway, excluding its choice of law provisions. You agree to bring and defend any actions related to these TERMS OF SERVICE exclusively in Norway. These TERMS OF SERVICE will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these TERMS OF SERVICE in any manner which violates or may violate Synkia's intellectual property rights, or may cause continuing or irreparable harm to Synkia (including, but not limited to, any breach that may impact Synkia's intellectual property rights, or a breach by reverse engineering), Synkia may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

Complete Agreement. These TERMS OF SERVICE shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Synkia or not. The terms and conditions contained in these TERMS OF SERVICE may not be modified by you except in a writing duly signed by you and an authorized representative of Synkia. If any provision of these TERMS OF SERVICE is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.