Terms of Service

Agreement between User and synaptiq.app

Welcome to synaptiq.app. The synaptiq.app website (the "Site") is comprised of various web pages operated by Synaptiq Learning Inc. ("Synaptiq"). synaptiq.app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of synaptiq.app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

synaptiq.app is a Educational Site.

The Synaptiq Learning web application uses a custom spaced-repetition algorithm to serve flashcard content from our partners, customers, and affiliates to end-users for the purposes of learning.

Privacy

Your use of synaptiq.app is subject to Synaptiq's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting synaptiq.app or sending emails to Synaptiq constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Synaptiq is not responsible for third party access to your account that results from theft or misappropriation of your account. Synaptiq and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Content You Provide

There may be opportunities for you to post, upload, or create content on the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

Prohibited Content

You may post only educational and study-related User Content to the Service. The following are examples of User Content prohibited to post on or through the Service. Synaptiq reserves the right to investigate and take appropriate legal action against anyone who, in Synaptiq's sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, limiting the use of any portion of the Service or terminating the accounts of such violators, or seeking other legal remedies. Prohibited User Content includes, but is not limited to, Content that, in the sole discretion of Synaptiq:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;

• harasses or advocates harassment of another person;

• exploits people in a sexual or violent manner;

• contains sexually suggestive, excessively violent, or offensive subject matter;

• solicits personal information from anyone under 18 years old;

• publicly posts information that poses or creates a privacy or security risk to any person;

• includes information about another person that you have posted without that person's consent;

• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;

• contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;

• contains or promotes an illegal or unauthorized copy of another person's copyrighted work;

• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;

• involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;

• furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

• involves commercial activities and/or sales without prior written consent from Synaptiq, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;

• violates any and all applicable laws or regulations.

You warrant that any User Content does comply with the terms under this section, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the terms of this section.

We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

If you wish to complain about User Content uploaded by other users please contact us at support@synaptiq.co.

Children Under Thirteen

Synaptiq does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use synaptiq.app only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

synaptiq.app may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Synaptiq and Synaptiq is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Synaptiq is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Synaptiq of the site or any association with its operators.

Certain services made available via synaptiq.app are delivered by third party sites and organizations. By using any product, service or functionality originating from the synaptiq.app domain, you hereby acknowledge and consent that Synaptiq may share such information and data with any third party with whom Synaptiq has a contractual relationship to provide the requested product, service or functionality on behalf of synaptiq.app users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use synaptiq.app strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Synaptiq that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Synaptiq or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Synaptiq content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Synaptiq and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Synaptiq or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Synaptiq from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Synaptiq Content accessed through synaptiq.app in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Synaptiq, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Synaptiq reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Synaptiq in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Synaptiq agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Disclaimer of Warranties and Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED IN THE PRODUCT.

THE PRODUCT AND ALL DIGITAL CONTENT, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE PRODUCT OR THE SERVICES, DIGITAL CONTENT, FUNCTIONS OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIEME ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF USER ACCESS TO, USE OF, OR BROWSING IN THE SITE OR USER DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF USER IS DISSATISFIED WITH THE SITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SYNAPTIQ, ANY EMPLOYEE OF SYNAPTIQ, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AUTHORS, EDITORS, OR THEIR ESTATES, PROGRAMMERS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, USER PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY DIGITAL CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR USER USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY USER TO SYNAPTIQ, ITS AGENTS, OR ITS SUPPLIERS FOR THE USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Medical knowledge is ever-changing. As new research and clinical experience broaden our knowledge, changes in treatment and drug therapy may be required. In view of the possibility of human error by the authors and editors of the Digital Content, or changes in medical knowledge, none of the Protected Entities or any other party who has been involved in the preparation of this Digital Content, warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from use of such information. Users are encouraged to confirm the information contained herein with other sources.

Termination/Access Restriction

Synaptiq reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Synaptiq as a result of this agreement or use of the Site. Synaptiq's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Synaptiq's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Synaptiq with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Synaptiq with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Synaptiq with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Synaptiq reserves the right, in its sole discretion, to change the Terms under which synaptiq.app is offered. The most current version of the Terms will supersede all previous versions. Synaptiq encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Synaptiq welcomes your questions or comments regarding the Terms:

Synaptiq Learning Inc.

support@syanptiq.co