Master Services Agreement

1. Introduction

Welcome to Sync Technologies Inc. ("we," "us," or "our"), provider of the Sync Simple platform. This Master Services Agreement ("Agreement") governs your access to and use of the Sync Simple platform, including our website, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Services.

2. Definitions

• "Client" means the staffing agency or business entity subscribing to our Services.
• "End User" means any individual accessing the Services, including recruiters, applicants, and employees.
• "Data" means all information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Client or an End User through the Services.

3. SaaS Subscription & Payment

• Subscription Plans: We offer various subscription plans (e.g., Standard, Enterprise). Features and pricing are described on our website and are subject to change.
• Billing: Fees are billed in advance on a monthly basis. All payments are non-refundable.
• Price Protection: We will not increase your subscription fee during the first 12 months of your subscription. After that, we reserve the right to increase fees with 30 days' notice, provided that any increase will not exceed 30% of your current rate unless your revenue has increased significantly.
• Cancellation: You may cancel your subscription at any time. Your access will continue until the end of your current billing period.

4. Use of Services

• License: Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
• Restrictions: You shall not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, disassemble, or decompile the Services; (c) use the Services to build a competitive product; or (d) use the Services for any illegal or unauthorized purpose.
• AI Features: Our Services may include artificial intelligence ("AI") features. You acknowledge that AI outputs are probabilistic and may not always be accurate. You are responsible for verifying any AI-generated content before using it.

5. Data Privacy & Security

• Data Ownership: You retain all rights, title, and interest in and to your Data. You grant us a license to use your Data to provide and improve the Services.
• Privacy Policy: Our collection and use of personal information are governed by our Privacy Policy, which is incorporated into this Agreement by reference.
• Electronic Signatures: You agree to conduct business electronically. Electronic signatures generated by our platform are binding and enforceable to the fullest extent permitted by law (e.g., ESIGN Act, UETA).

6. SMS & Communications Policy

By providing your mobile phone number to Sync Technologies Inc., you explicitly consent to receive recurring automated text messages (SMS and MMS) from us and our Clients regarding job applications, interviews, scheduling, and other service-related matters.

• Opt-In: Consent is obtained when you enter your phone number on our platform, apply for a job, or otherwise provide your contact information to us. Consent is not a condition of purchase or employment.
• Message Frequency: Message frequency will vary based on your activity (e.g., job applications submitted) and available opportunities.
• Opt-Out: You may opt out of receiving text messages at any time by replying "STOP" to any message you receive. After you text "STOP," we may send you one additional message to confirm that you have been unsubscribed.
• Help: If you need assistance, reply "HELP" to any message or contact us at [email protected].
• Carrier Liability: Carriers (e.g., Verizon, T-Mobile, AT&T) are not liable for delayed or undelivered messages.
• Rates: Standard message and data rates may apply for any messages sent to you from us and to us from you.
• Privacy: We respect your privacy. We will not share or sell your mobile number to third parties for their marketing purposes. Your number is used solely for communications related to Sync Simple services and the specific job opportunities you pursue.

7. Disclaimers & Limitation of Liability

• "As Is" Basis: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• No Liability for Hiring Decisions: We are a software provider, not a staffing agency. We are not responsible for any hiring decisions, employment relationships, or disputes between Clients and applicants.
• Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. Indemnification

You agree to indemnify, defend, and hold harmless Sync Technologies Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.

9. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in San Bernardino County, California.

10. Changes to Terms

We may modify this Agreement at any time. We will provide notice of any material changes by posting the updated Agreement on our website or sending you an email. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the modified Agreement.

11. Contact Us

If you have any questions about this Agreement, please contact us at: