These terms of services and terms and conditions (the “T&CS”) govern your use and access, either as an individual or a single entity (“you” or “your” as applicable), to the mobile application entitled “Syba App” (herein “Syba App”) owned and developed by Syba Group BV (“We”/”Us”/”Our”), Kardinaal Mercierstraat 74, 8000 Brugge, Belgium.
1. THE SYBA TERMS OF SERVICE
By using our services, you agree to be bound by these terms. If you don’t agree to be bound by these terms, do not use the services. If you are accessing and using the services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity and each of its affiliates to these terms. In that case, “you” and “your” will refer to that company or other legal entity and its affiliates.
3. USE OF THE SERVICES
You may use the services only if you are 18 years or older and capable of forming a binding contract with Syba and are not barred from using the services under applicable law.
3.2 Registration and your Information
If you want to use certain features of the Services you’ll have to create a Syba account (“account”) via the Syba app, available on the Apple App Store or Google Play Store. It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account.
You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
4. CONTENT AND CONTENT RIGHTS
For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
Syba exclusively owns all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, Syba grants you a limited, non-exclusive, nontransferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and noncommercial purposes.
5. RIGHTS AND TERMS FOR SOFTWARE AND APPS
5.1 Rights in Software
Subject to your compliance with these Terms, with respect to any software installed or embedded in any Syba products (“Software”), Syba grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the Software on the Syba product solely for your own personal noncommercial purposes.
You may not: (i) copy, modify, translate or create derivative works based on the Software; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the Software to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the Software, or otherwise attempt to derive the source code; (iv) make the functionality of the Software available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the Software. Syba reserves all rights in and to the Software not expressly granted to you under these Terms.
5.2 Rights in App Granted by Syba
Subject to your compliance with these Terms, Syba grants you a limited non-exclusive, nontransferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, translate or create derivative works based on the App; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the App to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the App, or otherwise attempt to derive the source code; (iv) make the functionality of the App available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the App. Syba reserves all rights in and to the App not expressly granted to you under these Terms.
5.3 Using Syba app - your commitments
To ensure Syba’s app good functioning, and in exchange for such services, We require that you commit to the following, notably when accessing and using Syba App :
You must be a human.
Use of Syba App by “bots” or other automated methods are not permitted.
You should not use Syba App if you are less than 13 years old of age, or without your parents and/or legal guardian prior written approval if you are between 13 and 18 years old.
You should only use Syba App for your personal account, for your personal use and in respect of functionalities provided for within Syba App.
You must not communicate your Syba App access code to anyone.
Syba App is provided on an “as is” and “as available” basis.
Syba App interacts with different social networks to access your account, if these do not work or have blocked their access, Syba App cannot be held responsible.
If you send us any question, comment, suggestion, enhancement, idea, and other information regarding Syba App, We will be entitled to use and disclose them without any restriction, whether commercial or not, free-of-charge.
You must not interfere with the proper functioning of Syba App, including introducing viruses or any other technology harmful to Syba App or associated services. It is your responsibility to protect your equipment and your connection against any form of malicious, fraudulent, prohibited or illegal external intrusion.
You must not modify, adapt or hack Syba App.
You must not access or use Syba App by any means other than downloading its application distributed by Apple and Android from legal platforms such as Google Play for Android and App Store for iOS
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct that affects the Services.
We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Limits on liability and disclaimers
6.1. Syba App is not a law firm
We provide you with security information and self-help information. The information provided in your account together with the content on our website is provided for your private use and does not constitute legal advice. If you need legal advice for a specific problem, you should consult a licensed lawyer.
Furthermore, as we are not lawyers, please note that any communications between us is not protected under the attorney-client privilege.
6.2. Syba App is provided “As Is”
We provide you Syba App using a reasonable level of skill and care, but we cannot make any promise nor warranty that :
Syba App is compliant with applicable laws or to the terms and conditions of your account you are linking Syba App to.
Syba App does not infringe upon any third party rights.
Your use of Syba App will not cause a security breach related to your content, and that your phone will be protected against any virus or interruption.
Data circulating on the Internet is protected, in particular against possible misappropriation.
Syba App will meet your specific expectations and/or requirements, notably that (i) Syba App will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of Syba App will be accurate or reliable, nor (iii) any errors in Syba App will be corrected.
You have the necessary equipment and the accurate internet access to use Syba App and that will not cost you additional fees.
You understand that We will not be liable if any of the above occurs, and you waive any claim and/or lawsuit against Us for such reason.
7. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time from your profile area of the Syba App, or by emailing us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You will indemnify and hold harmless Syba and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with, (ii) your use of these Services, or (iii) your breach of these Terms.
10. LIMITATION OF LIABILITY
NEITHER SYBA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR NETWORK INTERRUPTION OR IMPACT ON OTHER DEVICES OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYBA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SYBA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SYBA FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE EVENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SYBA AND YOU.
11. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of Belgium without regard to its conflict of laws provisions.
12. GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between Syba and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Syba and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. you may not assign or transfer these Terms, by operation of law or otherwise, without Syba’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Syba may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Syba under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Syba’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Syba. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.