The following Terms of Service (“TOS”) govern Syncbnb Vacation Rental Channel Management (“Syncbnb”) provision of service to you during the beta period of operation. During this period the Service is offered for free to all users, and registration to the Service is available by invitation only. Invitations will be sent out by Syncbnb to users that have registered for the beta service through www.syncbnb.com/beta. The TOS may be updated by us from time to time without notice to you. This page (www.syncbnb.com/betaterms) will always carry the latest version of the TOS for the beta period. In addition to the terms found at the preceding URL, when using particular Syncbnb owned or operated services, you and Syncbnb shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Syncbnb may also offer other services that are governed by different Terms of Service. When this is the case, it will be explicitly mentioned in each different TOS document.
DESCRIPTION OF SERVICE Syncbnb helps vacation and short-term rental owners and managers synchronize their booking calendars between the channels (listing sites) that they have listed their properties on (e.g. Airbnb, Homeaway, Booking.com, Tripadvisor, etc). The “Service” includes (a) the Syncbnb website at www.syncbnb.com (b) the web application at https://app.syncbnb.com, and any tools, services and content provided through the Syncbnb website and the Syncbnb web application. Any new features added to or augmenting the Service are also subject to this TOS.
PROVISIONS FOR BETA PERIOD Before launching the service as a full product available for the public, there will be a short period of a few months during which the Service will be offered without any warranties, expressed or implied, and at no cost for users. During the beta period, the available channels and functionality will be limited and will be mentioned in the respective section of the beta web application available at https://app.syncbnb.com. This TOS covers the beta period of use. When the Service launches as a full service this TOS will be revised.
COMMUNICATIONS FROM SYNCBNB During the beta period, you may receive certain communications from Syncbnb, such as service announcements, administrative messages and these communications are considered part of Syncbnb membership. As much as is reasonably practicable, we will try to make sure that you can opt out of receiving messages: one example of a situation where we would write to you would be to announce a planned interruption in your service.
USE OF THE SERVICE Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Syncbnb features, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Syncbnb assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of our Service. In addition, you must provide and are responsible for all equipment necessary to access the Service. The failure of Syncbnb to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Syncbnb Inc, even though it is electronic and is not physically signed by you and Syncbnb, and it governs your use of the Service and takes the place of any prior agreements between You and Syncbnb.
YOUR OBLIGATIONS IN CREATING AN ACCOUNT In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Syncbnb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Syncbnb has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you hereby represent that you are either the owner of any properties you add to our Service or a duly appointed manager and that you hold any and all necessary permits to manage the properties that you add to our Service.
MEMBER ACCOUNT, PASSWORD AND SECURITY During registration, you will enter your email to be used as your username and you will need to fill out a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Syncbnb of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Syncbnb cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.You acknowledge, consent and agree that Syncbnb may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Syncbnb, its users and the public.You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Syncbnb and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
LISTING CHANNEL ACCOUNT AND CREDENTIAL ACCESS You understand that in order for Syncbnb to offer the Service you need to provide Syncbnb with the credentials (username/password) you use on any channel(s) that you wish to synchronize bookings with. This information is stored on Syncbnb secure servers, and especially the password: * Is stored encrypted * No human can access it unencrypted * Will never be shared with any 3rd party, encrypted or unencrypted, besides the specific channel they belong to.Syncbnb will use these credentials to login into your account in these channels and perform all necessary operations in order to keep all your calendars synchronized in the fastest possible time. These actions include but are not limited to:* Reading and editing your calendar on each channel * Adding contact details * Adding new users (co-hosts)
INTERSTATE NATURE OF COMMUNICATIONS ON SYNCBNB NETWORK When you register with Syncbnb, you acknowledge that in using Syncbnb services to send electronic communications (including but not limited to email, search queries, uploading photos and files to Syncbnb, and other Internet activities), you will be causing communications to be sent through Syncbnb’s computer networks, which are located in the USA as of this writing. As a result, and also as a result of Syncbnb’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INDEMNITY You agree to indemnify and hold Syncbnb and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Syncbnb login information), use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE Syncbnb reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Syncbnb shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION You agree that Syncbnb may, under certain circumstances and without prior notice, immediately terminate your Syncbnb account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Syncbnb’s sole discretion and that Syncbnb shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SYNCBNB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SYNCBNB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNCBNB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYNCBNB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYNCBNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO
NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE Syncbnb may provide you with notices, including those regarding changes to the TOS, by email, in the Syncbnb website or postings on the Syncbnb Service.
USERS OF SYNCBNB SOFTWARE AND SERVICES AGREE THAT THEY WILL NOT VIOLATE ANY LAWS INCLUDING COPYRIGHT LAWS IN THE COURSE OF USING SYNCBNB SOFTWARE AND SERVICES AND THAT THEY ARE SOLELY RESPONSIBLE FOR NOT UPLOADING FILES TO WHICH THEY DO NOT HAVE THE COPYRIGHT OR THE PERMISSION TO DO SO FROM THE COPYRIGHT HOLDER.