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Terms of Service

CynjaTech™ LLC
P.O. Box 65916
Washington, DC 20035

If you have any comments or questions about these Terms, please contact us at [email protected].

Effective date of this version: June 20, 2016

Online location of this Terms of Service: https://www.cynja.com/terms-of-service/

Global and Local Terms. The purpose, principles, and rules of the CynjaTech Framework comprise the Global Terms. These Terms of Service together with the CynjaTech Privacy Policy comprise the Local Terms that apply specifically to your relationship with CynjaTech. CynjaTech requires that any Local Terms, such as these Terms of Service, not conflict with the Global Terms. If any such Local Terms conflict with the Global Terms then the Global Terms shall prevail.

Scope: These Terms of Service (Terms) govern your use of and access to the to CynjaTech applications, APIs, and other personal networking services (collectively referred to as Services); and to any Member Data or other content.

Acceptance: CynjaTech’s Services are dependent on every Member’s agreement to and observance of these standard Terms. This cooperation is critical to the functioning and accountability of CynjaTech. The more consistently that Members of the Network act with these Terms, the greater the benefit of the Network to every Member. Accordingly, it is a pre-condition to your access to and use of the Services that you accept and comply with the requirements, conditions, notices, and disclaimers contained in these Terms. The acceptance and agreement to be bound by these Terms is indicated in either of two ways; by your registration with CynjaTech  and formal agreement to these Terms, or by your accessing or using the Services.

Refunds: Certain Apple App Store products, like CynjaTech applications, are purchased on a subscription basis. As stated in the Apple iTunes Terms & Conditions, Paid In App Subscriptions are non-refundable. In App Subscriptions will automatically renew for the applicable time period you have selected, and, where applicable, your Account will be charged no more than 24-hours prior to the expiration of the current In App Subscription period. You may cancel automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your Apple Account and selecting the subscription you want to modify. In the event of a price increase, the In App Subscription may continue at the new price upon prior notice to you unless you have cancelled automatic renewal. CynjaTech applications offer a 30-day free trial period prior to charging your Apple Account. If you decide you do not want to purchase the In App Subscription, turn off auto-renewal in your Account settings during the free trial period. For more information, please email [email protected]

Sections: For purposes of readability only, the Terms are listed in the following sections. Please read all Terms carefully.

  1. Membership Requirements and Accountability
  2. Security and Access Control
  3. Privacy and Communications
  4. Member Data and Intellectual Property
  5. Other Legal Terms
  6. Modifications

Membership Requirements and Accountability

Membership Eligibility

As a Member, you represent that you understand that you are only permitted to use the Services if you are a legal person that can form a binding contract with CynjaTech, and that you are not a person that is prohibited from using or receiving the Services under the laws of the United States or other applicable jurisdiction.

Lawful Use

You may only use the Services in compliance with these Terms and all applicable local, state, national, and international laws. You warrant and represent that you will use CynjaTech for lawful purposes only.

One-Person-One-Account

As required by the Accountability section of the system, you agree that each Member Identification must be correlated with a single legal person (natural or statutory), and that each legal parent may register only their child’s account. You understand and acknowledge that maintaining this One-Person-One-Identification Rule is essential to maintaining the integrity of the network, and framework.

Personas

You agree that when CynjaTech incorporates support for pseudonymous or anonymous Personas, you will be responsible for any and all Personas associated with your Member Account or any other action that represents your official action through a Persona on the Network.

Sole Responsibility for Individual Member Account

Use of an Individual Member Identification is expressly limited to you as a natural person. Your Individual Member Identification and Account may not be transferred or shared with any other party, temporarily or permanently. We recommend that you treat access to your account as you would treat your signature; it is the foundation for your personal brand in CynjaTech applications. You agree to bear sole responsibility for all use of your Member Identification and Account, and for the confidentiality of your authentication credentials, including your use of authentication services from third-party social networks or sites (herein jointly referred to as Social Login Services).

No Impersonation

You represent and guarantee that all Member Data you provide to CynjaTech at the time of registration and thereafter is accurate, and agree not to impersonate any person or entity, not to falsely represent your affiliation with any person or entity, and not to otherwise provide the personal information of any third party or any fictitious person or attribute as part of the registration process or thereafter.

No Name Squatting

You must be a legal representative of the legal entity represented by a CynjaTech Member Account in order to register a Member Account. You may not engage in squatting on Member Account names. Squatting is herein defined as the procurement of Member Accounts with the intention of later trading in their use or control for value. To help prevent squatting, Member accounts that are inactive for more than 6 months without notice to CynjaTech may be suspended or cancelled without further notice.

Membership Subscriptions

Members are allowed unrestricted use for 30 days. After that free trial period, CynjaTech will require payment, in which Members will have a choice of subscription options.

Termination of Your Account

If, in CynjaTech’s sole discretion, you have violated these Terms, CynjaTech may take necessary measures to remedy your violation, including terminating your ability to access the system, and/or suspending and/or terminating your Membership. If CynjaTech terminates your account, we shall enable export of Member Data that you sourced or shared on the Network consistent with the requirements of the Framework unless: a) we are constrained from doing so by a court order or other legal action, or b) it can be reasonably shown that this action would enable you or others to violate or circumvent these Local Terms or the Global Terms of the Framework.

Security and Access Control

No Unauthorized Access

You may not access, tamper with, copy from, or use non-public elements and areas of the computing systems CynjaTech uses to provide the Services (including, but not limited to, any third party cloud providers and other third-party services and resources used by CynjaTech).

No Network Vulnerability Scans

You may not probe, scan, or test the vulnerability of any connection, system or network or breach or circumvent any security or authentication measures of the CynjaTech  (or attempt to do any of the foregoing).

No Interference with Network Function

You may not interfere with, limit, block or disrupt (or attempt to do so) the access of any Member to the Network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, creating false or fictitious accounts, creating or causing to be created false information, or scripting the creation, deletion, transfer, or other processing of Member Data in such a manner as to interfere with or create an undue burden on the Network or the Services.

No Malware/Phishing

You may not publish or link to malicious Member Data intended to damage or disrupt another Member’s browser or computer or to compromise a Member’s privacy or other enjoyment of the benefits of the Framework.

No Altered Identity Information

You may not forge any TCP/IP packet header or any part of the header information in any email or posting made on the Services, and you may not in any way use the Services (including the registration functions associated with the Services) to transmit altered, deceptive or false identity information or other false source-identifying information.

No Threats

You may not send via the CynjaTech direct, specific threats of violence or harm to property or person.

Network Interface Limitations

You may not access or search or attempt to access or search the Services by any automated or other means other than through the use of CynjaTech published interfaces (in each case pursuant to the terms and conditions thereof), unless permitted under a separate agreement with CynjaTech.

Privacy and Communications

Privacy Policy

Any Member Data that you provide to CynjaTech and information that we generate about you is subject to our Privacy Policy available at https://www.cynja.com/cynjaspace-privacy-policy which governs our collection and use of that information.

Consent to Data Transfer

You consent to the transfer of Member Data (consistent with our Privacy Policy) to the United States and/or other countries for storage, processing and use by CynjaTech.

Our Communications with You

In the course of providing the Services to you, we may need to communicate with you, such as to provide messages about operation of the system and service announcements. These communications are part of the Services and the administration of your CynjaTech Member Account, and you may not be able to opt-out of receiving some of these messages.

Your Communications with Other Members

When you use CynjaTech to communicate with other Members, you agree to observe the terms of the particular the Permission Principle.

Member Data and Intellectual Property

CynjaTech™ Ownership

All right, title and interest in and to CynjaTech’s Services (but not including Member-Sourced Data) is and will remain the exclusive property of and be owned, controlled and operated by CynjaTech. All materials used in connection with the Network, including the materials on the CynjaTech applications, including, but not limited to, images, text, illustrations, audio, video files, data (other than Member-Sourced Data), and information and the selection, coordination and arrangement of such materials (Intellectual Property), are protected by copyrights, patents, trademarks, service marks, or other proprietary and intellectual property rights (Intellectual Property Rights) which are either owned by CynjaTech, or owned by other parties who have licensed their intellectual property and rights therein to network, and are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws, and data and network protection laws.

CynjaTech™ Trademarks

All trademarks, service marks, and trade names used on the site are the property of their respective owners. Nothing in the Terms gives you a right to use the CynjaTech name or any of the Cynja®, CynjaSpace™ Global trademarks, logos, domain names, and other distinctive brand features except as stated within these Terms.

Links and Relationship to Other Services

The Services may contain links to third-party websites or online or other resources. You acknowledge and agree that CynjaTech is not responsible or liable for the content, products, or services provided through or available from such websites or resources or the availability, reliability or accuracy of such websites or resources. Providing such links to such other websites or resources does not constitute and should not imply any endorsement by CynjaTech of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Member-Sourced Data

You retain your intellectual property or other rights to any Member-Sourced Data you make available on or share through the Services, subject to applicable law.

Sublicense of Member-Sourced Data to Members

You agree that your license of Member-Sourced Data to CynjaTech includes the right CynjaTech to also make such Member-Sourced Data available to other Members to whom you have given permission and to others who work to provide application services with CynjaTech in accordance with your permissions.

Sole Responsibility for Member Data

All Member Data on the network is the sole responsibility of the Member who either provided it as Member-Sourced Data or is sharing it as Member-Shared Data. CynjaTech may not monitor or control the Member Data posted on or through the Services and therefore cannot take responsibility for such Member Data. CynjaTech does not guarantee, endorse, warrant, support, or make representations about the reliability, accuracy, completeness, truthfulness, or usefulness of any Member Data or other content posted on or through the Services. CynjaTech does not endorse any opinions expressed on or through the Services. By using the Services, you may be exposed to Member Data that might be inaccurate, offensive, or otherwise inappropriate, and might be presented with Member Data that has been mislabeled or is otherwise deceptive or potentially harmful. You recognize that this is a member network where Member Data is produced, posted, and shared by Members, and that CynjaTech will not under any circumstances be liable in any way for any Member Data or other third party content, including, but not limited to, any damages or losses or any kind that result from or are incurred as a direct or indirect result of any use of any Member Data or other content or any errors or omissions in any Member Data or other content that is accessed or made available to you on or through the Services or elsewhere in association with the Services. Parent’s have the ability to monitor their children’s usage of the application for misuse and the ability to delete connections with other Members who engage in inappropriate communications.

Member Reliance on Member Data

You should be aware that your use or reliance on any Member Data or other content posted on or through the Services or accessed by you on or through the Services for any purpose is at your own risk. You are also responsible for any consequences of contributing or relying on Member Data, such as the use by other Members and third parties of Member-Sourced Data for which you are the source, and your use and reliance on any Member Data provided by other Members on or through the Network. You understand that Member-Sourced Data that you provide on or through the Service may be redistributed or retransmitted by other Member connections which you have given explicit consent so that if you do not have the right to submit Member-Sourced Data for such use, it may subject you to liability. CynjaTech will not be responsible or liable for any use of Member Data in accordance with these Terms. You represent and warrant that you have all the rights, interests, power and authority necessary to grant the rights granted herein to any Member-Sourced Data that you provide on or through the service.

CynjaTech Right to Adapt Member-Sourced Data

We may adapt the Member-Sourced Data that you provide on or through the system in order to process, transmit, display or distribute it over CynjaTech applications.

No Trademark Misuse

CynjaTech reserves the right to remove content and reclaim Member names where a claim is made of and on behalf of businesses or individuals that prove they hold legal claim, trademark, or other rights to those Member names.

No Misrepresentation

You may not use or include unauthorized business names and/or logos to mislead others in your Profile Information or anywhere else in Member-Sourced Data you provide.

No Pornography

You agree not to present pornographic or obscene pictures or images in your Profile Page or any other Member-Sourced Data you contribute or Member-Shared Data you share.

Feedback to CynjaTech

Any feedback, input, comments, or suggestions you may provide regarding CynjaTech or the Services is entirely voluntary and you agree that CynjaTech is free to use such feedback, input, comments or suggestions as we see fit and without any obligation to you. We will only share feedback in the public domain with a Member’s explicit consent.

Legally Compelled Disclosure

You acknowledge and agree that CynjaTech will fully cooperate with any law enforcement authorities or court order requesting or directing CynjaTech  to disclose information or materials in its possession.

Copyright Infringement Notification Process

CynjaTech respects the intellectual property rights of others and expects Members to do the same. CynjaTech will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us. If you believe that your Member-Sourced Data or other content has been used or copied in a way that constitutes copyright infringement, please provide us with the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your contact information, including your address, telephone number, and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Member Data or other content alleged to be infringing without prior notice and at our sole discretion. CynjaTech reserves the right to terminate the account of those Members that are determined to be a repeat infringer of others copyright.

Other Legal Terms:

Services Provided As Is, No Warranties. Your access to and use of the Services or any Member Data or other content is at your own risk. You understand and agree that the Services are provided to you on an as is and as available basis. CynjaTech will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Member Data or other content. Without limiting the foregoing, CynjaTech, its members, providers, and authorized agents hereby disclaim all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement, or for the completeness, accuracy, availability, timeliness, security, or reliability of the services or any member data or other content theron.

Limitation of Liability

To the maximum extent permitted by applicable law, CynjaTech and its subsidiaries, affiliates, officers, employees, agents and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services of CynjaTech; (ii) any conduct or member data of any other member or other third party on the services, including without limitation, any defamatory, fraudulent, offensive or illegal conduct of other members or third parties; (iii) any member data or other content accessed from the services; and (iv) unauthorized access, use or alteration of your transmissions or member data or other content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not CynjaTech has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

CynjaTech, its members, providers, or authorized agents shall not be responsible for damages that result from mistakes, omissions, interruptions, deletion of data and files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond CynjaTech’s is reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to the network, including CynjaTech’s applications, websites, records, programs, or services. In no event will CynjaTech total liability to any member for any reason exceed the total monetary consideration paid by such Member for the services they received in the prior three (3) months.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages; as a result the limitations above may not apply to you.

You agree that CynjaTech has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Member Data, content, and other communications maintained by the Services.

Indemnification

You agree to indemnify and hold harmless CynjaTech and its officers, directors, employees, agents, distributors, successors and assigns and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of these Terms.

Jurisdiction/Choice of Law

CynjaTech makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Virginia, as it is applied to agreements entered into and to be performed entirely within such State. Any action you or any third party might bring in connection with any matters related to CynjaTech shall be brought only in either the state or Federal Courts located in Virginia, and you expressly consent to the jurisdiction of and venue in said courts and waive any objection as to inconvenient forum. Any action you or any third party might bring in connection with any matters related to the CynjaTech applications and/or website, shall be brought only in either the state or Federal Courts located in Virginia, and you expressly consent to the jurisdiction of and venue in said courts and waive any objection as to inconvenient forum.

If you are accepting these Terms on behalf of a government entity. Please note some governmental entities are not permitted as a matter of law to accepting a controlling law, jurisdiction or venue clause that recognizes jurisdiction or venue other than their own. If you are such an entity, then the clauses above do not apply to you. If you are also a representative of the United States, these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Virginia (excluding choice of law).

Assignment

CynjaTech’s successors and assigns may fully enforce any term or provision of these Terms of Use, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Agreement, Waiver, Severability

These Terms, in the then current form presented online and updated from time to time at https://www.cynja.com/terms-of-service/, including the documents referenced by and incorporated into these Terms, form the entire, exclusive and complete agreement between you and CynjaTech and these Terms supersede and replace any prior agreements between CynjaTech and you regarding the Services. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this agreement; the words contained in this document control the entire meaning of this agreement.

Any failure to enforce or decision by CynjaTech not to enforce a particular right or provision of these Terms does not waive the right to enforce it at any other time, and CynjaTech will not waive the right to enforce any provision of these Terms except in writing. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

No Third Party Beneficiaries

Other than members of the group of companies of which CynjaTech is a parent, no other person or company will be third party beneficiaries to the Terms.

Modifications

Since this network is designed to evolve to meet changing Member needs, the Services that CynjaTech provides will also continue to evolve and the form and nature of the Services that CynjaTech provides may change from time to time without providing you with prior notice.

CynjaTech may revise these Terms from time to time. The most current version will always be at https://www.cynja.com/terms-of-service/.

Notification and Consent to Modifications of Terms

We will provide you with notification of changes to these Terms that in our reasonable judgment may be considered material through the communications channels and preferences you selected when claiming your cloud name Cynja ID with CynjaTech. You agree that your continued access or use the Services after revisions become effective constitutes your agreement to be bound by the revised Terms.

Limitation of Service Without Notice

CynjaTech may, in its discretion, temporarily or permanently stop providing the Services in whole or in part to you or to Members generally and may not be able to provide you with prior notice of such termination. There may be times when we are not able to fully meet the needs of all Members. In order to cover that possibility, we retain the right to create limits on use of CynjaTech systems and resources at our sole discretion at any time without prior notice to you.

Privacy

Overview:

  • All data shared with the Application belongs to you.
  • The Application uses data only with your explicit consent.
  • Your data will only be shared with other Members to whom you have given explicit consent.

For more information, please refer to the Cynja Tech privacy policy:  https://www.cynja.com/cynjaspace-privacy-policy

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