Terms of Service

Last updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SYNQ ("Company," "we," "our," or "us") governing your access to and use of the SYNQ website, dashboard, desktop application, and all related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

You represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent.

2. Description of Service

SYNQ is an automotive marketplace automation platform that helps car dealerships manage and post vehicle inventory to Facebook Marketplace. The Service includes:

  • Web Dashboard: A cloud-based interface for managing inventory, viewing analytics, and controlling posting operations.
  • Desktop Application: A locally-installed application that handles Facebook authentication and automates the posting process.
  • Inventory Scraping: Automated retrieval of vehicle data from your designated dealership website.
  • Listing Management: Creation, editing, and removal of listings on Facebook Marketplace.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only to post legitimate vehicle inventory from your authorized dealership.

4.2 Prohibited Conduct

You agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Post false, misleading, or fraudulent vehicle listings
  • Use the Service to post vehicles you are not authorized to sell
  • Attempt to circumvent any security measures or access restrictions
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to send spam or unsolicited communications
  • Interfere with or disrupt the Service or its infrastructure
  • Share your account credentials with unauthorized third parties
  • Use the Service in a manner that violates Facebook's terms of service
  • Resell, sublicense, or provide the Service to third parties

5. Facebook and Third-Party Platforms

5.1 Your Responsibility

You are solely responsible for your use of Facebook Marketplace and compliance with Facebook's terms of service, community standards, and commerce policies. SYNQ is a tool that automates actions on your behalf—you remain fully responsible for all content posted and actions taken through your Facebook account.

5.2 No Affiliation

SYNQ is not affiliated with, endorsed by, or sponsored by Facebook, Meta, or any of their subsidiaries. Facebook Marketplace is a trademark of Meta Platforms, Inc.

5.3 Platform Changes

Third-party platforms may change their interfaces, APIs, or policies at any time. We will make reasonable efforts to update the Service accordingly, but we do not guarantee uninterrupted compatibility with any third-party platform.

6. Fees and Payment

6.1 Subscription Plans

The Service is offered on a subscription basis with various pricing tiers. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice to existing subscribers.

6.2 Billing

Subscription fees are billed in advance on a monthly basis. Payment is processed through our third-party payment processor (Stripe). You authorize us to charge your designated payment method for all fees incurred.

6.3 Free Trial

We may offer a free trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. No credit card is required for the trial period.

6.4 Refunds

Subscription fees are non-refundable except as required by law. If you cancel your subscription, you will have access to the Service until the end of your current billing period.

7. Intellectual Property

7.1 Our Property

The Service, including all software, designs, text, graphics, interfaces, and code, is owned by SYNQ and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription.

7.2 Your Content

You retain ownership of your vehicle inventory data and listing content. By using the Service, you grant us a license to process, display, and transmit your content as necessary to provide the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any information obtained through the Service
  • Warranties that the Service will meet your specific requirements
  • Warranties regarding compatibility with Facebook or any third-party platform

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use or inability to use the Service
  • Actions taken by Facebook or other third-party platforms, including account suspensions or listing removals
  • Unauthorized access to or alteration of your data
  • Any conduct or content of any third party on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless SYNQ and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your violation of any applicable laws; or (e) content you post through the Service.

11. Termination

11.1 By You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period.

11.2 By Us

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, warranty disclaimers, indemnification, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and held in Delaware or remotely at the arbitrator's discretion.

12.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and you waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SYNQ regarding the Service and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

SYNQ

Email: legal@autosynq.io