Synthetic Terms of Use

These terms of use are entered into by and between you and Synthetic Intelligences, Inc. (“Synthetic”, “Company” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of our website located at www.synthetic.ai and related domains controlled by Synthetic (collectively, the “Website”) and any artificial intelligence (“AI”)-enabled bookkeeping, financial data processing, workflow automation, software agents, tools, dashboards, APIs, and related services for business customers that are offered on or through the Website or with integrations with certain Third Party Service Providers (together with the Website, the “Services”).

For purposes of these Terms of Use, “Third Party Service Provider” means any third-party service provider, financial institution, software provider, application, data source, platform, payment processor, bank, accounting system, payroll provider, tax provider, or other third party that you authorize, connect, or otherwise use in connection with the Services. “Third Party Servicer Agreement” means the agreement between you and a Third Party Service Provider. “Third Party Service Provider Services” means the products or services provided by a Third Party Service Provider under a Third Party Servicer Agreement.

Please read the Terms of Use carefully before you start to use the Website or the Services. By using the Website or the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services.

This Website and the Services are offered and available to business customers and their authorized representatives (each, an “Individual User”) who are 18 years of age or older and capable of forming a binding contract with Synthetic. By using this Website or the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you are accessing the Website or the Services on behalf of one or more businesses, organizations, or other legal entities (each, a “Business Customer”); (c) you have the authority to bind each such Business Customer to these Terms of Use with respect to its use of the Website and the Services and the data and accounts associated with it if such Business Customer is not already so bound; (d) you are not included on sanctions lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people and jurisdictions; and (e) you have the authority to integrate Third Party Service Provider Services with our Services. A sole proprietor using the Services for business purposes is treated as a Business Customer for purposes of these Terms of Use. For clarity, these Terms of Use apply both to the Business Customer and to each Individual User who accesses the Website or the Services on behalf of a Business Customer. Business Customer is liable for acts and omissions of each of its Individual Users.

You further represent and warrant that you and each applicable Business Customer have and will maintain all rights, authority, authorizations, consents, permissions, credentials, licenses, and approvals necessary to connect to, access, use, instruct, transmit Customer Data to, receive Customer Data from, and otherwise interact with each Third Party Service Provider and Third Party Service Provider Service used in connection with the Services.

Community standards and other disclosures of ours provided to you through the Website shall form part of these Terms of Use.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, the Services, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the Services, or to the entire Website or Services.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
• Creating backup copies of data stored in the Services for use in the event that the Services cease to be available.

To access the Website or some of the resources or Services it offers, you may be asked to provide certain registration details, account credentials, or other information (which may include financial or business information). It is a condition of your use of the Website and the Services that all the information you provide on or through the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website or the Services, whether directly or indirectly through Third Party Service Provider is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for the accuracy and completeness of all information and data that you add to or cause to be added to the Services whether directly with us or through a Third Party Service Provider. Pursuant to your instructions we may retrieve information and data concerning you from third parties to be included in the data stored and processed by the Services. We provide no representation as to the accuracy or completeness of any such information or data.

To use certain features of the Website or the Services, you may be required to register for an account associated with a particular Business Customer (“Account”). Individual Users will be issued, or may choose, their own usernames, passwords, or other login credentials to access one or more Accounts (“User Credentials”). You must treat your User Credentials as confidential, and you must not disclose or share them with any other person or entity. A Business Customer may authorize multiple Individual Users to access that Business Customer’s Account, but each such Individual must have their own User Credentials; sharing credentials is prohibited. You are responsible for all activities that occur under any Account(s) you manage or administer and under your User Credentials, whether or not you authorized them. You agree to notify us immediately of any unauthorized access to or use of your User Credentials or any Account or with any Third Party Service Provider service or account, or any other breach of security. You also agree to ensure that you exit from any Service session at the end of your use. You should use caution when accessing any Account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are solely responsible for maintaining the security of all credentials, tokens, keys, passwords, permissions, authorizations, and access rights relating to any Third Party Service Provider that you connect to or use with the Services. Synthetic is not responsible for any loss, unauthorized access, error, or other issue resulting from your failure to secure your Account, User Credentials, devices, systems, Third Party Service Provider accounts, or related access rights.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use or we believe such action is necessary to protect the security, integrity, or proper functioning of the Website or the Services.

You must promptly notify Synthetic of any actual or suspected error, unauthorized action, disputed instruction, failed transmission, incorrect data exchange, or other issue involving a Third Party Service Provider that may affect the Services, your Account, Customer Data, or any output generated by the Services.

Third Party Service Providers and Integrations

To use certain model context protocol (“MCP”), application programming interface (“API”), connector, or other third-party or external integration features that we make available through the Services (collectively, “MCP and API Integrations”) you may be required to connect accounts, systems, credentials, tokens, keys, permissions, or other access rights relating to third-party services, software, data sources, or environments. You represent and warrant that you have all rights, titles, authorizations, and permissions necessary to grant us access to, and to enable the Services to use, any such MCP and API Integrations and Third Party Service Providers and the related credentials, access rights, and data. We reserve the right, but not the obligation, to verify your title to, ownership of, control over, or authority to use any credentials, tokens, keys, accounts, permissions, or other access rights associated with any MCP and API Integrations and Third Party Service Providers, and we may suspend, limit, disable, or decline any MCP and API Integration if we are unable to verify the same to our reasonable satisfaction or if we believe such action is necessary to protect the security, integrity, or proper functioning of the Website or the Services.

Third Party Service Providers are not controlled by Synthetic. Your use of any Third Party Service Provider Services is governed by the applicable Third Party Servicer Agreement between you and the relevant Third Party Service Provider, and not by these Terms of Use. You are solely responsible for reviewing, accepting, complying with, and maintaining in good standing each Third Party Servicer Agreement and each account, credential, token, key, authorization, permission, or other access right associated with a Third Party Service Provider.

Coinflow Labs Limited is a Third Party Servicer and its terms of service at https://coinflow.cash/legal/terms-of-service, are incorporated in this Agreement by reference as a Third Party Servicer Agreement to which you are a party.

Where you authorize the Services to connect with a Third Party Service Provider you instruct and authorize Synthetic to access, retrieve, receive, process, transmit, and disclose Customer Data, credentials, instructions, and other information to and from that Third Party Service Provider as necessary to provide the Services, operate the applicable integration, comply with your instructions, and exercise our rights and perform our obligations under these Terms of Use.

Each MCP, API Integration and connected Third Party Service Provider shall be deemed an Individual User for the purposes of these Terms of Use for which Business Customer remains liable.

You are liable for all Customer Data added to the Services through our integrations with third parties that you have authorized to send data to us or to which we may send data under these Terms of Use.

We may refuse, suspend, limit, disable, or terminate any connection, data sharing, instruction, workflow, or integration with a Third Party Service Provider if we reasonably believe that doing so is necessary to protect the security, integrity, availability, or proper functioning of the Services, to comply with applicable law, to prevent fraud or misuse, or to avoid security, legal, regulatory, financial, operational, or reputational risk to Synthetic, you, other users, or any third party.

Third Party Servicer Agreements

By accepting this Agreement, you are also accepting all the Third Party Servicer Agreements posted on our Website. Those Third Party Servicer Agreements create direct contractual relationships between you and each of the Third Party Service Providers whose terms appear on our Website. Synthetic is not a party to your Third Party Servicer Agreements and has no liability under those agreements.

Third Party Service Provider Actions; No Financial Transactions by Synthetic

Synthetic is not itself a bank or money services business and assumes no liability for the financial services that you procure from third parties whether they be Third Party Service Providers or others. Synthetic does not itself hold funds, maintain bank accounts for you, provide banking services, initiate or complete financial transactions on your behalf, or act as a bank, money transmitter, broker-dealer, investment adviser, accounting firm, tax preparer, or fiduciary. Customer Data delivered to, from and among the Services, Business Customer and a Third Party Service Provider may result in the Third Party Service Provider initiating financial transactions on your behalf. You accept and acknowledge that potential outcome and assume all risks associated with such transactions and remain solely responsible for reviewing and approving any instruction or Customer Data before it is transmitted to a Third Party Service Provider as further described in these Terms of Use.

Use of the term ‘Synthetic Payments’ or similar terms refers only to our communication of data to, from and among you, our Services and those of Third Party Service Providers and not to the payment service itself which we do not provide.

You are solely responsible for reviewing and approving any instruction or other Customer Data before it is sent to a Third Party Service Provider. Synthetic is not responsible or liable for any act or omission of any Third Party Service Provider, any Third Party Service Provider Services or any financial transaction or other matters arising from information, instructions, or Customer Data using data delivered through the Services.

You agree to not use the Services or those of a Third Party Service Provider to engage in or facilitate any activity that is illegal or that exposes Synthetic or a Third Party Service Provider to excessive security, financial or reputational risk.

Account Administrators

Each Business Customer shall designate one or more administrators (“Administrators”) who may manage user access, permissions, settings, integrations, Customer Data (as defined below) access rights, and other administrative functions.

We may rely on instructions received from an Administrator as instructions of the applicable Business Customer.

In the event of disputes regarding administrative authority, ownership, control, succession, or access rights, we may require reasonable evidence of authorization and may suspend access pending resolution.

Communications and Security Notices

You agree that Synthetic may communicate with you electronically regarding the Services, your Account, security events, updates, billing matters, legal notices, and use of the Services. Such communications may be provided through email, in-product notifications, account dashboards, text message, or other contact information you provide.

We may require multi-factor authentication or other identity verification procedures. You consent to receiving one-time passcodes, security notices, account verification messages, and related communications necessary to secure your Account.

Fees

Some Services may be free, others may have costs associated. All fees are disclosed to you on our Website or by other express disclosures all of which are incorporated herein by reference. For those with costs, we may charge your payment method for fees, on a fixed fee basis, a one time charge or on a subscription basis. If you have a subscription, you may cancel your subscription at any time (but you may not receive a refund). You agree to pay all fees, one-time charges, and/or subscription charges for use of the Services (or certain features or components of the Services) in accordance with the pricing and billing terms presented to you at the time of purchase or enrollment. Fees paid are not refundable. You acknowledge that Synthetic may bill you and collect fees in relation to your use of the services of a Third Party Service Provider, this does not mean that we are providing that service but that we are simply charging fees in association with that service provided to you directly by the Third Party Service Provider on terms directly with you.

Payments will be billed in U.S. dollars, and your payment method will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your Account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your payment method with the updated information that we obtain.

You may be charged a subscription fee in advance on an annual basis or other recurring interval disclosed to you prior to your purchase. For annual subscriptions, we will send you a reminder with the then-current subscription fee no less than thirty (30) days and no more than sixty (60) days before your subscription term ends, or otherwise as required by applicable law. We may change the price for recurring subscription fees from time to time with notice to you by email or through the Account. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.

Your payment to us will automatically renew at the end of the applicable subscription period but you can cancel a subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.

Termination

We may suspend, limit, or terminate access to all or any portion of the Website or Services at any time if:

• you breach these Terms of Use;
• we reasonably believe your use presents security, regulatory, legal, reputational, or operational risk;
• required by law; or
• we discontinue the applicable Service.

You may terminate your use of the Services at any time by discontinuing use and, if applicable, cancelling any subscription in accordance with these Terms.

Effect of Termination

Upon termination:

• your right to access and use the Services immediately ceases;
• all fees accrued prior to termination remain due and payable;
• Synthetic may disable access to Customer Data following a thirty (30) day post-termination retrieval period, during which you may export your Customer Data; after such period, Synthetic may delete Customer Data in accordance with its data retention policies;
• Synthetic may retain information as required by law, regulatory obligations, dispute resolution requirements, security needs, backup procedures, or legitimate business purposes.

Survival

The following provisions survive expiration or termination of these Terms of Use: Intellectual Property Rights; You Own Your Data; Data Processing; AI Data Processing; AI and Service Improvement; De-Identified and Aggregated Data; License to Customer Data; Third Party Service Providers and Integrations; Third Party Service Provider Actions; No Financial Transactions by Synthetic; Use of Information; Fees (with respect to accrued obligations); Effect of Termination; Disclaimer of Warranties; Limitation on Liability; Indemnification; Governing Law, Arbitration and Class Action Waiver; Limitation on Time to File Claims; Waiver and Severability; and any provision which by its nature should survive termination.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes for the benefit of third parties, other than for your own internal business purposes as permitted under these Terms of Use.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to hello@synthetic.ai.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Synthetic. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You Own Your Data

Subject to these Terms of Use and any applicable order or subscription terms, each Business Customer retains ownership of its own business and financial data that it uploads to or stores in the Services (“Customer Data”). We do not claim any ownership rights in Customer Data. As between you and us, you are responsible for ensuring you have all necessary rights in Customer Data. Specifically, you will not add to your Account or permit us to obtain for your Account any Customer Data for which you have not already obtained all necessary consents for us to collect, process, store and disclose such data in accordance with these Terms of Use. While your Account is active and in good standing, you and your Administrators and Individual Users will have the ability to access Customer Data within the Services and to export or download Customer Data and certain outputs derived from Customer Data (for example, in Excel or similar formats) on an unlimited basis, at no additional charge beyond the fees you pay for the applicable Services, subject to any reasonable technical or security limits we may implement to protect the Services. Restrictions on access to Customer Data for Individual Users may be set through the Account.

You authorize Synthetic and each Third Party Service Provider that you connect to, authorize, or use in connection with the Services to obtain Customer Data and related information from, and disclose Customer Data and related information to, each other as necessary to provide the Services, operate integrations, process your instructions, support connected workflows, comply with applicable law, and perform their respective obligations under these Terms of Use and the applicable Third Party Servicer Agreements. You are solely responsible for the accuracy, quality, legality, completeness, and appropriateness of Customer Data and for ensuring that you have all rights, consents, permissions, and authorizations necessary for Synthetic and each Third Party Service Provider to collect, retrieve, receive, access, use, process, store, transmit, and disclose Customer Data as contemplated by these Terms of Use.

Synthetic is not responsible for reviewing, validating, or confirming the accuracy, completeness, legality, or appropriateness of Customer Data received from you, your Individual Users, Administrators, Third Party Service Providers, or other third parties.

Individual Users and Business Customers authorize Synthetic and each Third Party Service Provider to each obtain from the others and disclose to the others Customer Data in so far as it is necessary to supply their respective services hereunder or under their respective Third Party Service Provider agreements. Synthetic has no liability for any collection, storage, processing, use or disclosure of Customer Data by any Third Party Service Provider or any other third party.

Data Processing

To the extent Synthetic processes personal information contained within Customer Data or with a Third Party Service Provider on behalf of a Business Customer, we act as a service provider, processor, or similar role under applicable privacy and data protection laws.

Certain limited processing activities may be undertaken by us as an independent controller or business for purposes including:

• service security;
• fraud detection and prevention;
• legal compliance;
• service analytics;
• service improvement; and
• development of new features and functionality.

AI Data Processing

You acknowledge and agree that we may use AI, machine learning, and other automated technologies to process, analyze, organize, classify, summarize, generate outputs from, and otherwise provide the Services using Customer Data.

We may also use Customer Data to develop, train, test, validate, improve, and enhance our AI models, machine learning systems, algorithms, products, and services. Before Customer Data is used for these purposes, we will take commercially reasonable steps to remove or transform information that identifies, or could reasonably be used to identify, you or any individual, so that the data is anonymized or de-identified. We will not knowingly use identifiable Customer Data for AI model training or improvement except as expressly authorized by you or as otherwise permitted by applicable law.

You acknowledge that AI-generated outputs may not be accurate, complete, or suitable for every purpose and should not be relied upon as a substitute for independent professional judgment or verification. You remain solely responsible for reviewing and validating any outputs generated by the Services before relying upon or using them.

Nothing in this section grants us ownership of your Customer Data. Except as expressly provided in these Terms, all rights in and to Customer Data remain with you.

Additional data processing obligations may be governed by a separate Data Processing Addendum made available by Synthetic.

License to Customer Data

Notwithstanding your ownership of Customer Data, you grant us and our affiliates, contractors, subprocessors, and service providers a worldwide, non-exclusive, royalty-free license during the term of these Terms of Use to host, store, reproduce, process, transmit, display, modify, create derivative works from, and otherwise use Customer Data solely as necessary to:

• provide, maintain, support, secure, and improve the Services;
• perform troubleshooting, testing, debugging, and technical support;
• develop and enhance features, functionality, and integrations;
• comply with applicable law, legal process, or governmental requests; and
• exercise our rights and perform our obligations under these Terms of Use.

This license terminates when Customer Data is deleted from the Services, except to the extent retention is required by law, backup processes, dispute resolution requirements, security purposes, or other legitimate business purposes described in our Privacy Policy.

De-Identified and Aggregated Data

Synthetic may generate, collect, create, derive, analyze, compile, and use aggregated, anonymized, de-identified, statistical, benchmarking, operational, and usage data derived from Customer Data and use of the Services (“Aggregated Data”), provided such Aggregated Data does not identify a Business Customer, individual user, or any natural person.

Aggregated Data shall not constitute Customer Data. Synthetic shall own all right, title, and interest in and to Aggregated Data and may use Aggregated Data for lawful business purposes, including analytics, service improvement, product development, reporting, benchmarking, security enhancement, industry trend analysis, marketing, and operational insights.

Trademarks

Synthetic For Your Software Business™, the Synthetic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Synthetic or its affiliates or licensors. You must not use such marks without the prior written permission of Synthetic. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and the Services only for lawful purposes, for your internal business operations, and in accordance with these Terms of Use. You agree not to use the Website or the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that you are not legally authorized to use, including any third-party financial, accounting, or other confidential information.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Synthetic, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Synthetic or users of the Website, or expose them to liability.
• Reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or otherwise attempt to discover the underlying structure, algorithms, models or proprietary technology of the Website or the Services, except to the limited extent expressly permitted by applicable law.
• Use the Website, Services, outputs content, documentation, software, data, screenshots, workflows, or other materials made available through the Services to train, fine-tune, validate, benchmark, or develop any competing artificial intelligence, machine learning, automation, or similar technologies without Synthetic’s prior written consent.
• To use the Website, Services, or any information obtained therefrom to supply, or assist a third party in the supply of, services that are similar to or competitive with the Services.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for purposes that are prohibited by these Terms of Use, including for unlawful activities, unauthorized monitoring or copying of material, competitive analysis, or rate-limit or security circumventing.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Resell the Services or elements thereof, such as for example Customer Data processing.
• Otherwise attempt to interfere with the proper working of the Website.

For clarity, this does not prohibit your use of lawful automation tools, bots, or AI agents to access and use the Services on your behalf in accordance with these Terms of Use. We actively encourage you to use bots and other AI tools in this manner.

Beta Features

From time to time, Synthetic may make available beta, preview, pilot, experimental, early-access, or pre-release features (“Beta Features”).

Beta Features are provided “AS IS” and may be modified, suspended, or discontinued at any time without notice. Synthetic makes no representation or warranty regarding Beta Features and shall have no liability arising from their use.

Use of Information

The information and materials presented on or through the Website or the Services, including any bookkeeping outputs, summaries, categorizations, reconciliations, analyses, or other results generated by our AI or other automated systems, are made available solely for general information and operational support for Business Customers. We do not warrant the accuracy, completeness, or usefulness of any such information or outputs. Any reliance you place on such information or outputs is strictly at your own risk.

Synthetic is not an accounting firm and has no processional qualifications or accreditations and does not supply accounting or other professional advice. The Services are designed to support, streamline, and automate bookkeeping and other financial data management and workflow processes, but they do not constitute, and you agree you are not relying on them as, financial, investment, tax, accounting, or legal advice, and they do not replace your own judgment or the advice of qualified professional advisors (such as your accountant, tax advisor, or lawyer). AI and other automated systems can be inaccurate, incomplete, or produce results that may not be appropriate for your particular use case or current circumstances.

We may use Customer Data to refer you to third parties for you to potentially procure their services. By making such referrals we are not endorsing such third parties and we do not guarantee that their services will perform as expected or required.

You are solely responsible for the accuracy, quality, integrity, and legality of any data, instructions, or other inputs you provide to the Services and for reviewing, validating, and independently verifying all outputs before you rely on them or use them in your business, bookkeeping, financial reporting, tax filings, or compliance activities. We are not a bank, broker-dealer, investment adviser, accounting firm, or other regulated financial institution, and we do not have a fiduciary duty to you. We disclaim all liability and responsibility arising from any reliance placed on such materials or outputs by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of their contents.

AI and Service Improvement

To the extent permitted by applicable law and subject to our Privacy Policy, Synthetic may use Customer Data, customer feedback, usage information, prompts, instructions, interactions, and outputs generated through the Services to develop, train, test, improve, evaluate, and enhance the Services, machine learning models, AI systems, automation tools, and related technologies.

Synthetic will implement commercially reasonable measures designed to protect Customer Data and will use de-identification, aggregation, or other privacy-enhancing techniques before using Customer Data for the purposes described in this section, consistent with the AI Data Processing section of these Terms of Use.

Changes to the Website

We may update the content on this Website, Services or Account from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or in the Services or Account may be out of date at any given time, and we are under no obligation to update such material.

Government End Users of Software

Even if you are a government end user, your rights to Software are limited to what is described in this Agreement. The Software is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software,” as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software will be only those specified in this Agreement.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We are based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You represent and warrant that neither you nor any person or entity acting on your behalf is:

• located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive economic sanctions or embargoes;
• included on any restricted or denied-party list maintained by the United States or any applicable governmental authority; or
• prohibited from receiving the Services under applicable export control or sanctions laws.

You shall not access, use, export, re-export, transfer, or make available the Services in violation of applicable export control, sanctions, or trade laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS, INCLUDING ANY AI-ENABLED FEATURES, TOOLS, AGENTS, MODELS, OR OTHER AUTOMATED SYSTEMS, AND ANY OUTPUTS, RECOMMENDATIONS, ANALYSES, OR OTHER RESULTS GENERATED BY THEM, OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS, INCLUDING ANY AI-ENABLED FEATURES, TOOLS, AGENTS, MODELS, OR OTHER AUTOMATED SYSTEMS, AND ANY OUTPUTS, RECOMMENDATIONS, ANALYSES, OR OTHER RESULTS GENERATED BY THEM, OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Services may display, retrieve, process, transmit, summarize, classify, or otherwise make available Customer Data, content, outputs, information, services, or materials from or relating to Third Party Service Providers. Synthetic does not control Third Party Service Providers or Third Party Service Providers Services and does not warrant, endorse, guarantee, or assume responsibility for the accuracy, completeness, currency, legality, availability, security, quality, suitability, reliability, or results of any Third Party Service Provider, Third Party Service Provider Services, Third Party Servicer Agreement, third-party website, third-party content, third-party data, or third-party action. You are responsible for reviewing the terms, privacy policies, security practices, fees, permissions, and settings of each Third Party Service Provider you use. Your use of Third Party Service Provider Services is at your own risk.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SYNTHETIC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF, RELIANCE ON, OR INABILITY TO USE ANY AI-ENABLED FEATURES, TOOLS, AGENTS, MODELS, OR OTHER AUTOMATED SYSTEMS THAT FORM PART OF THE SERVICES, INCLUDING ANY OUTPUTS, RECOMMENDATIONS, ANALYSES, OR OTHER RESULTS GENERATED BY THEM, OR ANY DECISIONS OR ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON OR IN RELIANCE ON SUCH OUTPUTS OR RESULTS, OR (B) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SYNTHETIC AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY THE APPLICABLE BUSINESS CUSTOMER TO SYNTHETIC DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Without limiting the foregoing, Synthetic shall not be liable for any claims, losses, liabilities, damages, costs, expenses, disputes, failed transactions, unauthorized transactions, account actions, data inaccuracies, data losses, service interruptions, security incidents, or other acts or omissions arising out of or relating to any Third Party Service Provider, Third Party Service Provider Services, Third Party Servicer Agreement, Customer Data received from or transmitted to a Third Party Service Provider, or any action taken or not taken by a Third Party Service Provider. No Third Party Service Provider shall have any liability arising out of or relating to these Terms of Use solely by virtue of being referenced in, connected to, or integrated with the Services.

Indemnification

You agree to defend, indemnify, and hold harmless Synthetic, its affiliates, licensors, Third Party Servicer Providers, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your breach of any Third Party Servicer Agreement; (c) your use of the Website or the Services, including any use in combination with a Third Party Service Provider or other third-party service; (d) Customer Data you upload to, transmit through, process through, or cause to be received by the Services or any Third Party Service Provider; (e) any instruction, workflow, output, classification, reconciliation, report, filing, payment file, transaction, or other action generated, transmitted, approved, or initiated by you, your Account, an Administrator, an Individual User, or a Third Party Service Provider; (f) any act or omission of a Third Party Service Provider arising from your use of or connection to that Third Party Service Provider; (g) any allegation that Customer Data or your use of the Services violates applicable law or third-party rights; (h) any tax, accounting, payment, payroll, reporting, or regulatory claim arising from your use of the Services or any Third Party Service Provider Services; and (i) any dispute between you and any Third Party Service Provider, Individual User, Administrator, customer, vendor, governmental authority, or other third party.

Governing Law, Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a trial by jury.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, or the Services, including the formation, interpretation, breach, termination, enforcement, or validity thereof, and including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration administered by the American Arbitration Association in accordance with its applicable commercial arbitration rules. The arbitration shall be conducted in San Francisco, California in English, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You and Synthetic agree that arbitration shall be conducted only on an individual basis and not in a class, consolidated, collective, representative, coordinated, or private attorney general action. To the fullest extent permitted by law, neither you nor Synthetic may bring or participate in any class action, class arbitration, collective action, representative action, or mass arbitration arising out of or relating to these Terms of Use, the Website, or the Services. The arbitrator shall have no authority to hear or arbitrate any class, collective, representative, or consolidated claims or to award relief to anyone other than the individual party in arbitration.

Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction located in San Francisco, California to protect its intellectual property, confidential information, data security, or other proprietary rights, without waiving arbitration.

If any portion of this section is found unenforceable as to any claim or request for relief, then such claim or request for relief shall be severed and the remaining provisions of this section shall remain in full force and effect. If the class action waiver or prohibition on consolidated, collective, representative, or mass proceedings is held unenforceable, then this entire arbitration section shall be null and void to that extent, and the exclusive jurisdiction and venue provisions set forth in these Terms of Use shall apply.

Limitation on Time to File Claims

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Synthetic of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Synthetic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You may not assign, transfer, or delegate your rights or obligations under these Terms of Use without Synthetic’s prior written consent. Synthetic may assign, transfer, or delegate its rights or obligations under these Terms of Use without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this provision shall be null and void.

Entire Agreement

The Terms of Use, our Privacy Policy, any applicable Data Processing Addendum, any applicable order or subscription terms, and any community standards or other disclosures expressly incorporated by reference herein constitute the sole and entire agreement between you and Synthetic regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion by posting updates to the Website, the Account or by email notice to you. All changes are effective thirty (30) days after we post or otherwise notify you of them, unless a shorter effective period is required by applicable law or we reasonably determine that an immediate change is necessary to address security, legal compliance, or regulatory requirements, and apply to all access to and use of the Website and the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Us

If you have any questions or concerns about these Terms of Use and/or if you want to exercise any of the rights that you are given under these Terms of Use, please email us at hello@synthetic.ai, or contact us by mail at: 965 Folsom Street, Apt 301, San Francisco, CA 94107.