Terms and Conditions

Effective Date: March 15th 2025

These Terms and Conditions (”Terms”) constitute a legally binding agreement between you (”Customer”, “User”, “you”, or “your”) and BeSync’d Inc. (”BeSync’d”, “Company”, “we”, “our”, or “us”), governing your access to and use of the BeSync’d software-as-a-service platform, mobile applications, websites, and all related services (collectively, the “Services”).

By registering, accessing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all of the following provisions, you may not access or use the Services.

1. Services and Access

1.1 Description of Services

BeSync’d provides a cloud-based platform that enables businesses and teams to collect, manage, and share structured work updates, automate reporting, and facilitate cross-functional visibility.

1.2 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under applicable law. If you are accessing the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.3 Account Registration

You must create an account to access the Services. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and all activities that occur under your account.

1.4 User Representations

You represent and warrant that:

(i) you have full power and authority to enter into and perform your obligations under these Terms;
(ii) you will comply with all applicable laws and regulations in connection with your use of the Services;
(iii) any information you provide to BeSync’d is accurate, complete, and current.

2. Subscription Plans and Payment

2.1 Plans and Pricing

The Services are offered under multiple subscription tiers, including a free plan and paid plans with enhanced features. Pricing and feature details are available at https://besyncd.com.

2.2 Billing and Renewals

Paid subscriptions are billed in advance on a monthly or annual basis and will renew automatically unless canceled before the end of the current billing period. By subscribing, you authorize us to charge your payment method on a recurring basis.

2.3 Trials and Discounts

Free plans and promotional pricing may be offered. If you subscribe to a trial of a paid plan, at the end of a trial, your subscription will convert to a paid plan unless you cancel beforehand.

2.4 Cancellation and Refunds

You may cancel your subscription at any time via your account settings. Refunds are not provided for partial billing periods except where required by law.

2.5 Pricing Changes

BeSync’d reserves the right to modify pricing for the Services at any time. This includes the right to discontinue or change the features, availability, or terms of any subscription plan, including free plans. Any price changes or discontinuation of plans will apply to subsequent billing periods following reasonable notice provided to you via email or through the Services. Continued use of the Services after such changes constitutes acceptance of the new pricing or plan terms.

3. Use of Services

3.1 Acceptable Use

You agree not to:

Use the Services for any unlawful purpose or in violation of applicable laws and regulations.
Upload or transmit content that is defamatory, harmful, or infringes third-party rights.
Interfere with or disrupt the integrity, availability, or performance of the Services.
Use the Services to develop a competing product or service.

3.2 Usage Limits

Your use is subject to fair usage limits defined in your selected plan. Excessive or abusive use may result in suspension or throttling.

3.3 Third-Party Integrations

The Services may integrate with third-party platforms (e.g., Slack, Microsoft Teams, Gmail). You are responsible for complying with the terms of those platforms and authorizing BeSync’d to access relevant data as needed.

3.4 AI-Generated Content; No Warranty of Accuracy

BeSync’d uses generative artificial intelligence (AI) technologies to create summaries, reports, and other content derived from Customer Data or integrated systems. While we strive for accuracy, you acknowledge and agree that:

AI systems, including large language models (LLMs), may produce content that is inaccurate, incomplete, misleading, or entirely fabricated (“hallucinations”). Such occurrences are a known and typical limitation of current AI technologies.
Summaries, reports, or other content generated through AI are provided for informational purposes only and do not constitute factual statements, business advice, or legal advice.
You are solely responsible for reviewing and verifying the accuracy, completeness, and appropriateness of any AI-generated content before relying on, sharing, or distributing it, particularly in reports provided to customers, stakeholders, or third parties.
BeSync’d makes no representations or warranties regarding the correctness, completeness, or fitness for a particular purpose of any AI-generated content.
BeSync’d offers editable report functionality to allow you to modify AI-generated content prior to sharing or distribution.

4. Data, Privacy, and Security

4.1 Data Ownership

You retain all rights, title, and interest in and to all content and data (“Customer Data”) submitted by you or your users through the Services. You grant BeSync’d a worldwide, non-exclusive, royalty-free license to:

host, store, process, transmit, and display Customer Data,
transform Customer Data into summaries, reports, or insights using generative AI or other tools,
perform analytics and machine learning to improve and develop the Services,
create aggregated or anonymized data derived from Customer Data, provided such data does not identify you or your users,
comply with applicable laws.

BeSync’d will not use Customer Data for any other purpose without your consent.

4.2 Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms. You agree to our privacy practices and represent that you have all necessary rights to provide any personal data submitted to us.

Where required by applicable law, BeSync’d and Customer will enter into a Data Processing Addendum (“DPA”) governing the processing of personal data.

4.3 Data Security

We implement industry-standard technical and organizational measures to secure Customer Data against unauthorized access, loss, or alteration. However, no system is entirely secure, and we disclaim liability for breaches beyond our reasonable control.

4.4 Use of Generative AI and Security Measures

BeSync’d uses generative AI capabilities to help deliver certain features of the Services, including summarization and analysis of Customer Data. These capabilities are powered through integrations with infrastructure such as AWS Bedrock, which provides enterprise-grade security measures, including model isolation, encryption, and controls designed to help protect Customer Data from unauthorized access and to ensure that such data is not used to train foundation models or shared with model providers.

While we implement security measures we believe are appropriate to protect Customer Data—including leveraging reputable infrastructure providers—you acknowledge that no method of transmitting or storing data over the Internet or any other public network is completely secure. Accordingly, we cannot and do not guarantee absolute security of Customer Data or any other information transmitted through the Services.

4.5 SLA

BeSync’d does not guarantee any specific availability or uptime of the Services, except as may be expressly stated in a separate Service Level Agreement.

5. Intellectual Property

5.1 BeSync’d Intellectual Property

The Services, including all software, designs, trademarks, and content (excluding Customer Data), are the exclusive property of BeSync’d or its licensors. No rights are granted to you other than as explicitly stated in these Terms.

5.2 Feedback

Any suggestions, feedback, or ideas you provide may be freely used by BeSync’d without obligation or compensation.

6. Confidentiality

You and BeSync’d agree to maintain the confidentiality of each other’s non-public, proprietary information disclosed during the course of using the Services. This obligation survives termination for a period of three (3) years.

7. Termination

7.1 By You

You may terminate your account at any time. Termination will be effective at the end of the current billing cycle. Upon termination, you may request a copy of your Customer Data in a standard export format, subject to technical feasibility and provided your account is in good standing.

7.2 By BeSync’d

We may suspend or terminate your access for any breach of these Terms or suspected misuse. In the event of termination, your access will be revoked and your data may be deleted after 30 days.

Upon termination, Customer Data will be deleted from active systems within thirty (30) days, although residual copies may remain in backups for up to ninety (90) days unless otherwise required by law.

7.3 Discontinuation of Services

BeSync’d reserves the right to discontinue the Services in whole or in part upon at least sixty (60) days’ prior written notice to you. In the event of discontinuation, you will be provided the ability to export your Customer Data before the effective date of termination.

7.4 Refunds Upon Termination by BeSync’d

If BeSync’d terminates your subscription or discontinues the Services under Section 7.3, you will be entitled to a prorated refund of any prepaid fees covering the period following the effective date of termination.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

The Services, including any beta, preview, or experimental features, are provided “as is” and “as available,” without warranties of any kind. Beta features may contain errors, may be changed or discontinued at any time, may carry increased risk of errors, and are provided without support obligations. Use of beta features is at your sole risk.

8.2 Limitation of Liability

To the fullest extent permitted by law:

BeSync’d shall not be liable for indirect, incidental, consequential, or punitive damages.
BeSync’d’s total liability for all claims arising out of or relating to the Services will not exceed the amount paid by you to BeSync’d for the Services in the twelve (12) months preceding the claim, whether in contract, tort, or otherwise, even if BeSync’d has been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify and hold harmless BeSync’d, its affiliates, and personnel from any claims, damages, losses, and legal expenses arising from your use of the Services or your violation of these Terms.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Services. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws principles.

All disputes shall be resolved through:

Informal negotiation within 30 days of notice, followed by
Binding arbitration under the Arbitration Act of Ontario, or the rules of another agreed arbitration body.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any executed Order Forms, represent the entire agreement between you and BeSync’d.
Force Majeure: BeSync’d shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, fires, floods, pandemics, acts of government, war, terrorism, labor disputes, interruptions or failures of internet or telecommunications networks, power outages, or other events beyond reasonable control.
No Waiver: Failure to enforce any provision shall not constitute a waiver of that provision.
Severability: If any provision is deemed unenforceable, the remaining Terms remain in full force.

Export Compliance: You represent that you are not located in a country subject to embargo or other export restrictions and will comply with all applicable export control laws and regulations.

Order of Precedence: In the event of a conflict between these Terms and any executed Order Form, the terms of the Order Form shall prevail.

Survival: Sections 4 (Data, Privacy, and Security), 5 (Intellectual Property), 6 (Confidentiality), 8 (Disclaimers and Limitation of Liability), 9 (Indemnification), 11 (Governing Law and Dispute Resolution), and 12 (General Provisions) shall survive termination of these Terms.

These Terms supersede all prior agreements, proposals, or communications, whether written or oral.

13. Contact Us

For questions regarding these Terms, contact us at:

BeSync’d Inc.

1938 Bloor St W, Toronto, ON, M6P 3K8 Canada

Email: support@besyncd.com

Website: https://besyncd.com