These terms are an agreement between Sync Labs Inc. ("Audience Sync", "we", "us") and the business that signs up for the service ("Customer", "you"). By creating an account or using the service, you agree to them on behalf of your business.
1. The service
Audience Sync processes lists you upload as files, and creates and updates matched audiences in advertising accounts you manage. The service is in early access, and we may improve or change it over time. We describe current features on our website.
2. Accounts
- You must be at least 18 and authorized to bind your business.
- Keep your login details secure and tell us promptly about any unauthorized use.
- You're responsible for what happens under your account, including the actions of people you invite.
3. Your data
- Ownership. You keep all rights to the lists and other data you upload ("Customer Data").
- Our use. You let us process Customer Data only to provide and support the service for you, as described in our Privacy Policy and Data Processing Addendum.
- Your responsibilities. You confirm that you collected Customer Data lawfully, that you have the notices, consents or other legal basis needed to use it for advertising, and that you may share it with us and with your advertising platform.
- No sensitive data. Don't upload special category data (such as health, religion or sexual orientation), government IDs, financial account numbers, or data about anyone under 16.
4. Third-party platforms
The service connects to your advertising platform, which is run by a third party. Your use of that platform is governed by its own terms, and you must follow them, including its advertising and audience policies. We aren't responsible for third-party platforms, their availability, or changes they make that affect the service. If a platform restricts or ends our access, we may need to change or stop the affected features.
5. Acceptable use
You won't:
- Upload data you don't have the right to use, or that was collected in breach of law or another party's terms.
- Use the service to discriminate, or to target ads in ways your advertising platform's policies prohibit.
- Try to reverse-engineer hashed data, or use the service to identify individuals.
- Interfere with the service, test its security without our written permission, or access it by automated means other than our published APIs.
- Resell or provide the service to third parties without our written agreement.
We may suspend access that breaks these rules or puts other customers, third-party platforms or the service at risk. We'll tell you why unless the law prevents us.
6. Fees
Fees, billing period and payment terms are set out in your order form or plan. Fees don't include taxes, which you'll pay except for taxes on our income. Late amounts may lead to suspension after 15 days' written notice.
7. Confidentiality
Each party will protect the other's non-public information with reasonable care, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential.
8. Security
We maintain the safeguards described on our Security page and in our Data Processing Addendum, available on request. We'll notify you without undue delay after becoming aware of a breach affecting Customer Data.
9. Term and termination
These terms last while you use the service. Either party may end them for convenience at the end of the current billing period, or immediately if the other party materially breaches them and doesn't fix the breach within 30 days of notice. On termination we stop all updates to your audiences and delete Customer Data within 30 days, unless the law requires us to keep it.
10. Warranties and disclaimers
We'll provide the service with reasonable skill and care. Otherwise, the service is provided "as is". We don't promise any particular match rate, audience size or campaign result, since these depend on your data and on third-party platforms.
11. Liability
Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or revenue. Each party's total liability under these terms is limited to the fees you paid in the 12 months before the claim. These limits don't apply to your payment obligations, to breaches of section 3 or 5, or to liability that can't be limited by law.
12. Indemnity
You'll defend us against third-party claims arising from Customer Data or your breach of section 3 or 5, and pay resulting damages and costs, provided we notify you promptly and let you control the defense.
13. Changes to these terms
We may update these terms. We'll post the new version with its effective date and give account holders at least 30 days' notice of material changes. If you keep using the service after that, the new terms apply.
14. General
These terms are governed by the laws of the State of California, and disputes go to the state and federal courts in Santa Clara County, California. Neither party may assign these terms without the other's consent, except as part of a merger or sale of substantially all assets. If any part is unenforceable, the rest still applies. These terms, your order form and the Data Processing Addendum are the entire agreement between us.
15. Contact
[email protected]
Sync Labs Inc., 4281 Hamilton Avenue, San Jose, CA 95130