Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and SYNC-Gift Inc. ("SYNC-Gift", "we", "us"). By creating an account, clicking "Accept", or using any part of our Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Description of Services

SYNC-Gift is a digital gifting and financial services platform that enables users to: send monetary gifts to other users or non-users; manage a digital wallet in multiple currencies; earn and redeem SYNC Points rewards; purchase event tickets; access Creator and Live Stream tools; and, for Elite subscribers, connect a SYNC Status Ring hardware device.

3. Eligibility

• You must be at least 18 years of age to use our Services.
• You must be a resident of a country or jurisdiction where the Services are legally available.
• You must not be prohibited from receiving financial services under applicable laws.
• You must not be named on any government sanctions list (OFAC, UN, EU, OSFI).
• Entities (corporations, partnerships) may use SYNC-Gift subject to additional verification requirements.

4. Account Registration and Security

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your PIN and account credentials.
• You must notify us immediately of any unauthorized access at legal@syncgift.com.
• You may not share your account with others or create multiple accounts.
• We reserve the right to suspend or terminate accounts for violations of these Terms.

5. Wallet, Payments, and Transactions

• SYNC-Gift wallets hold value in supported fiat currencies (CAD, USD, GBP, EUR). This is not a bank account and funds are not CDIC/FDIC insured.
• All transactions are final unless required by law or our error. We do not guarantee refunds for completed gift transfers.
• Subscription fees are charged as disclosed. Monthly plans are non-refundable for the current billing period. Annual plans are non-refundable but remain active through the anniversary date upon cancellation.
• We may impose daily, weekly, or monthly transaction limits for security and regulatory compliance.
• You are responsible for all taxes applicable to your use of the Services.

6. Gift Sending and Receiving

• Gifts sent to non-SYNC users generate a pending invitation. Unclaimed gifts are returned to the sender's wallet after 30 days.
• You must have the right and authority to send gifts from your wallet balance.
• SYNC-Gift is not responsible for gifts sent to incorrect recipients due to user error.

7. Prohibited Conduct

You agree not to use our Services to:

• Violate any applicable local, provincial, state, federal, or international law or regulation.
• Engage in money laundering, terrorist financing, or any other financial crime.
• Conduct transactions involving illegal goods, services, or activities.
• Circumvent or attempt to circumvent transaction limits or identity verification.
• Impersonate any person or entity or misrepresent your affiliation.
• Transmit viruses, malware, or any other harmful code.
• Reverse engineer, decompile, or attempt to access source code.
• Use automated bots, scrapers, or scripts without written permission.
• Harass, abuse, threaten, or harm other users.
• Post or transmit content that is defamatory, obscene, or infringing.
• Engage in market manipulation, pump-and-dump schemes, or similar activities.

8. Intellectual Property

All content, software, trademarks, logos, trade names, and service marks on SYNC-Gift are owned by or licensed to SYNC-Gift Inc.. You are granted a limited, non-exclusive, non-transferable, revocable licence to use our Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercialise any part of our Services without written permission. See our IP Policy for details.

9. User Content

By submitting content (gift messages, photos, videos) to SYNC-Gift, you grant us a worldwide, non-exclusive, royalty-free licence to use, display, and transmit that content solely for the purpose of providing the Services. You represent that you own or have the right to submit such content and that it does not infringe any third party's rights.

10. Third-Party Services

Our platform integrates with third-party services including Stripe (payments), Twilio (SMS), and others. Your use of these services is governed by their respective terms and privacy policies. We are not responsible for third-party service availability, errors, or policies.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SYNC-GIFT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNC-GIFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. IN ANY CASE, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF $100 CAD OR THE AMOUNT YOU PAID TO SYNC-GIFT IN THE PRECEDING 12 MONTHS.

13. Indemnification

You agree to indemnify, defend, and hold harmless SYNC-Gift Inc. and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your User Content.

14. Dispute Resolution

Governing Law: These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

Informal Resolution: Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@syncgift.com.

Arbitration (US Users): For users in the United States, disputes shall be resolved through binding individual arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, not in court, except for small claims court matters. Class action waiver: You and SYNC-Gift waive the right to participate in class action lawsuits or class-wide arbitration.

Jurisdiction (Canadian Users): Canadian users consent to the exclusive jurisdiction of courts in Ontario, Canada.

15. Changes to Terms

We may update these Terms at any time. Material changes will be notified at least 30 days in advance via email or in-app notice. Continued use after the effective date constitutes acceptance. If you disagree, you may close your account before the changes take effect.

16. Termination

We may suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to use the Services ceases immediately. Wallet balances subject to regulatory holds may be withheld pending investigation.

17. Contact

For legal inquiries: legal@syncgift.com
SYNC-Gift Inc., Legal Department, Toronto, Ontario, Canada