Last Updated: July 1, 2024
Please read the following terms of use (the "Terms") carefully. By accessing the Site, Applications, or Services of Cosynd, you agree to be bound by these Terms, as amended periodically. If you do not agree to these Terms, you are prohibited from using or accessing the Site, Application, or Services and must cease using the Site immediately.
These Terms are between Cosynd Inc. (hereinafter referred to as "Cosynd," "we," "us," or "our") and you and govern your use of the website www.cosynd.com (the "Site"), our applications for mobile devices, if any (collectively, the "Application"), and all services provided by us related to or in connection with the Site (collectively, the "Services"). The Site, Application, and Services are sometimes collectively referred to herein as the "Platform." These Terms constitute a binding agreement between you and Cosynd. Please read carefully these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to use or obtain information from or otherwise use the Platform. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal penalties.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use the Platform. We may revise these Terms at any time without notice to you.
You understand and agree that Cosynd is not a law firm or attorney, may not perform services performed by an attorney, and that its forms or templates or any agreements created via or in connection with the Platform are not a substitute for the advice or services of an attorney. No attorney-client relationship or privilege is created by using or accessing the Platform.
You also understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please read Section 14.4 of these Terms for more information.
1. Updates and Communications.
1.1 We may revise these Terms or any additional terms, conditions or agreements which are relevant to the Site or particular Service periodically. When we post changes to these Terms, we will revise the "Last Updated" date at the top of this page. Please review the site on a regular basis to obtain timely notice of any revisions. If you continue to use the Platform after the revisions take effect, you agree to be bound by the revised terms. You agree that we shall not be liable to you or to any third party for any modification of the Terms.
1.2 You agree to receive electronically all communications, agreements, and notices that we provide in connection with the Platform ("Communications"), including by e-mail, text, or by posting them on the Site or through any Services. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your account contact information current.
2. Eligibility. To access and/or use the Platform, you must (a) be 18 years of age or older, and (b) have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws. Any access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years of age or older. You also represent and warrant that any registration information that you submit to us is accurate, true, and complete and that you will maintain this standard at all times.
3. Services.
3.1 Description of the Services.
The Platform enables collaborators, creators, contributors, and other rights holders ("Collaborators") to enter into agreements with each other with respect to the ownership, control, and administration of their creative works and associated rights. You expressly acknowledge, agree and understand that: (i) the Platform is merely a venue where users may interact and/or contract with one another as or on behalf of Collaborators; (ii) Cosynd is not a party to any agreements among users and/or Collaborators; (iii) Cosynd has no control over users or Collaborators and makes no representations as to the reliability, capability, or qualifies of any user or Collaborator or the quality, security, or legality of any claims made or information supplied by any of them; (iv) Cosynd is not a law firm or an attorney, may not perform services performed by an attorney, and the agreements entered into via the Platform are not a substitute for the advice or services of an attorney; and (v) unless you engage an attorney to represent you with respect to any agreement, you are representing yourself in the applicable matter.
Cosynd may also provide other Services via the Site, including, without limitation, filing copyright applications on your behalf and registering you and/or your works with certain third party services providers. Such Services may be subject to separate terms and/or agreements, including those required by the applicable third parties. By selecting or ordering such Services, you authorize Cosynd to register you and/or your works for the applicable services subject to the applicable terms or agreements.
You agree not to provide us with any information, data, or content that you know or should reasonably know is false or inaccurate and you acknowledge and agree that we are not obligated to confirm the validity or otherwise verify the accuracy of the information, data, and/or content that you provide to us. You understand that information you provide to us may be shared with other users of the Platform and with third parties, as needed to provide or in connection with our provision of the Platform.
3.2 Changes to the Services. We may modify, suspend, or stop the Services, in whole or in part, either temporarily or permanently, at any time, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification or termination of the Services. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Services, or any part thereof, now or in the future. Any new services and features provided by us will be subject to these Terms, as well as any additional terms of use that we may release relating to the specific services or features.
3.3 "As Is" Notice. You understand and acknowledge that the Platform is being provided and is made available on an "as is" basis. The Platform may contain errors or inaccuracies that could cause failures, corruption, or loss of information. We strongly encourage you to back-up all data and information prior to and periodically while using the Platform.
3.4 Electronic Records and Signatures. You give Cosynd consent to affix your electronic signature where required to enter into or file your agreements or other documents via Cosynd.
3.5 Authority to File Copyright Applications. By placing an order with Cosynd to register your work(s) with the U.S. Copyright Office, you give Cosynd the express authority to file your application with the U.S. Copyright Office based on the information you provide. You understand that you may be contacted by the U.S. copyright Office for other information after your application has been filed.
4. User Conduct. You understand and agree that you are responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Platform. In connection with your use of the Platform, you may not and you agree that you will not: *Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations; *Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any web pages or other information or services contained in the Platform; *Use the Platform for any commercial or other purposes that are not expressly permitted by these Terms; *Copy, store, or otherwise access any information contained on the Platform for purposes not expressly permitted by these Terms; *Infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, or contractual rights; *Interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similar methods or technology; *Use the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, except as directed by the Platform and authorized by the applicable person or entity, including, without limitation, photographs of others without their permission, personal contact information, or credit, debit, or account numbers; *Stalk, harass, abuse threaten or harm any other user of the Platform, or collect or store any personally identifiable information about any other user other than for purposes of using the Services; *Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; *Use automated scripts to collect information from or otherwise interact with the Platform; *Upload, publish, submit, or transmit any text, graphics, images, music, videos, audio, information or other materials ("Content") that: (i) infringes, misappropriates, or violates third party patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violates or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances. *Systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods or through the use of bots, crawlers, or spiders, or otherwise; *Use, display, mirror, or frame the Platform, or any individual element within the Platform, Cosynd's name, trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Cosynd's express written consent; *Access, tamper with, or use non-public areas of the Platform, Cosynd's computer systems, or the technical delivery systems of Cosynd's providers; *Attempt to probe, scan, or test the vulnerability of any Cosynd system or network or breach any security or authentication measures; *Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cosynd or any of Cosynd's providers or any other third party (including another user) to protect the Platform; *Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform; or *Advocate, encourage, or assist any third party in doing any of the foregoing.
Cosynd has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
5. Payment Terms. Cosynd may elect to charge fees for access to the Platform and/or use of certain Services, in its sole discretion, provided that you will be made aware of such fees prior to being charged (in the case of a one-time fee) or prior to establishing a subscription (in the case of subscription fees). You understand that, other than as required by applicable law, you shall have no right to cancel, request a cash refund, or obtain credit for any payment made to Cosynd unless Cosynd is at fault.
6. Privacy Policy.
6.1 See Cosynd's Privacy Policy, below, for information and notices concerning Cosynd's collection and use of your personal information.
6.2 Cosynd may access, preserve, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to: (i) respond to claims asserted against Cosynd or to comply with legal process (for example, subpoenas or warrants); (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and de-bugging purposes; or (iv) protect the rights, property, or safety of Cosynd, its users, or members of the public. You acknowledge that Cosynd has no obligation to monitor your access to or use of the Platform but has the right to do so: (A) for the purposes of operating and improving the Platform (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes); (B) to ensure your compliance with these Terms; (C) to comply with applicable law or the requirement of a court, administrative agency, or other governmental body; (D) to respond to content or activities that it determines otherwise objectionable; or (E) as set forth in these Terms. Cosynd reserves the right, at any time and without prior notice, to remove or disable access to any Content on the Platform that Cosynd, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
7. Proprietary Rights. The Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform, including all associated intellectual property rights, is the exclusive property of Cosynd and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated or accompanying the Platform. All trademarks, service marks, logos, trade names, and other proprietary designations of Cosynd used herein are trademarks or registered trademarks of Cosynd. Any other trademarks, service marks, logos, trade names, and other proprietary designations are the trademarks or registered trademarks of their respective parties.
8. License to Use the Services. Subject to your compliance with these Terms, Cosynd grants you a limited, non-exclusive, non-transferrable, revocable license to access, view and use the Platform solely for your personal, non-commercial purposes in accordance with these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform and any Content contained therein, except as express permitted in these Terms.
9. Your Content.
9.1 In connection with your use of the Platform, you may post, upload, publish, submit, or transmit certain Content ("Your Content"). By posting, uploading, publishing, submitting, or otherwise making available Your Content on or through the Platform, you hereby grant to Cosynd a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content on, through, by means of, or to promote or market the Platform. Cosynd does not claim any ownership rights in Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content.
9.2 You acknowledge and agree that you are solely responsible for Your Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of Your Content that you make available through the Platform or that you have all rights, licenses, consents, and releases that are necessary to grant to Cosynd the rights in Your Content as set forth in these Terms; and (ii) neither Your Content nor your posting, uploading, publication, submission, or transmittal of Your Content or Cosynd's use of Your Content on, through, or by means of the Platform will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral right, or other proprietary or intellectual property rights, contractual rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10. Links. The Platform may contain links to third-party websites or resources. You acknowledge and agree that Cosynd is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cosynd of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services available therefrom.
11. Copyright Policy.
Cosynd respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously and asks that its users do the same. Infringing activity will not be tolerated on or through the Platform. Cosynd will promptly remove or disable materials from the Platform that Cosynd believes in good faith, following its receipt of notice in accordance with the requirements below, infringe upon a third party's rights. Whether or not Cosynd disables access to or removes materials, Cosynd may attempt to forward the written notification, including the complainant's contact information, to the user who posted the content and/or take other reasonable steps to notify the user that Cosynd has received notice of an alleged violation of intellectual property rights or other violation. Cosynd may also, in its discretion, terminate the accounts of repeat copyright infringers or of those who post inaccurate or unlawful content.
Any notice or counter-notice you submit must be truthful and submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may wish to seek the advice of legal counsel before submitting a notice or a counter-notice.
11.1 Procedure for Reporting Claimed Infringement
If you believe in good faith that your copyright or other intellectual property rights have been infringed, please provide us with a written notice containing:
i. Your name, telephone number, address, and e-mail address;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of the material on the Site that you believe is infringing the copyrighted work and where such material may be found on the Site;
iv. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
vi. Your electronic or physical signature.
Please submit your notice to Cosynd as follows:
Email: Copyright@Cosynd.com
By U.S. mail:
Cosynd c/o Convene, 530 Fifth Avenue, 9th Floor, New York, 10036
11.2 Counter-Notice to Restore Removed Content
If you believe that a notice of copyright or other infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to § 512(g)(2) and (3) of the DMCA by providing Cosynd with a written notice which contains:
i. Your name, telephone number, address, and e-mail address;
ii. Identification of the material removed from the Site or to which access has been disabled;
iii. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
iv. A statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) if your address is located outside the United States, any judicial district in which Cosynd may be found and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent; and
v. Your physical or electronic signature.
Please submit your notice to Cosynd as follows:
Email: Copyright@Cosynd.com
By U.S. mail: Cosynd c/o Convene, 530 Fifth Avenue, 9th Floor, New York, 10036
11.3 False Notifications of Claimed Infringement or Counter Notifications
It is important to emphasize that you should only submit a notification or counter notification if you own or control the copyrighted material that is claimed to be infringing in accordance with 17 U.S.C. § 512(f), which states that any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be liable for damages. Cosynd reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
12. Suspension, Termination, and Account Cancellation. We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time, decide to limit, suspend, deactivate, or cancel your Cosynd account.
13. Disclaimers.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COSYND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COSYND MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSYND OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT COSYND MAY NOT MAKE ANY ATTEMPT TO VERIFY THE IDENTITY OR STATEMENTS OF USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM.
14 Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTACT YOU HAVE WITH OTHER USERS OF COSYND REMAINS WITH YOU. NEITHER COSYND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OR INABILITY TO USE THE PLATFORM, OR FROM OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COSYND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COSYND'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID COSYND FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED U.S. DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE. THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COSYND AND YOU. IN THE EVENT THAT AN APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Indemnification. You agree to release, defend, indemnify and hold Cosynd and its affiliates, parents and subsidiaries, and each of their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or connected with: (a) your access to or use of the Platform or your violation of these terms; (b) Your Content; or (c) your interaction with any other user of the Platform.
16. Miscellaneous
16.1 Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Cosynd and you regarding the Platform and your use thereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cosynd and you regarding the Platform.
16.2 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Cosynd's prior, written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cosynd may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16.3 Notices. Any notices or other communications to you permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cosynd (i) via email (in each case to the email address you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
16.4 Controlling Law; Dispute Resolution.
These Terms will be interpreted in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Cosynd agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site and/or Services (collectively, "Disputes") will be settled exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "Rules"), as modified by this Agreement, except that Cosynd retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Cosynd are each waiving the right to a trial by jury and to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Cosynd otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If the foregoing sentence is held unenforceable, then the entirety of this "Controlling Law; Dispute Resolution" section will be deemed void.
The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Cosynd agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearances by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.5 Statute of Limitations. You agree that any claim or cause of action arising out of or relating to these Terms or the use of the Services must be filed within six (6) months after the cause of action arose or is forever barred.
16.6 Survival. The provisions contained in sections 13, 14, 15, and 16 herein, shall survive termination or expiration of these Terms.
16.7 General. The failure of Cosynd to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cosynd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Headings within these Terms are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.
16.8 Contacting Cosynd. If you have any questions about these Terms, please contact Cosynd at email: help@Cosynd.com
Last Updated: July 1, 2024
Please read the following privacy policy (the "Privacy Policy") carefully before using the website www.cosynd.com (the "Site") or the Cosynd mobile applications, if any (collectively, the "Application") to learn about how Cosynd Inc. (hereinafter referred to as "Cosynd," "we," "us," or "our") collects and uses your personal information. **By accessing or using the Site, Application and/or the services offered by Cosynd via the Site (collectively, the "Services"), you agree and consent to the terms and practices referred in this Privacy Policy, as amended from time to time, and you hereby grant to Cosynd your prior and informed consent for the use and treatment of your information as described herein. The Site and Services are sometimes collectively referred to herein as the "Platform." If you do not agree to this Privacy Policy in its entirety, please do not access or use the Site or Services. Should you have any questions about the Privacy Policy, please contact email: help@cosynd.com
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy. We recommend that you check the Site periodically to inform yourself of any changes in this Privacy Policy or to any of our other policies. Your continued use of the Platform after we post any such change shall indicate your agreement to be bound by the revised terms. If you do not wish to agree to the changed Privacy Policy, you must stop using the Platform.
2. Information We Collect
When you use the Platform, Cosynd may collect personal information that can identify you, such as your name, email address, mailing address, telephone number, and other information that does not identify you (collectively, "Information"). Cosynd's primary purposes in collecting Information are to provide and improve the Platform, to administer your use of the Platform, and to enable users to enjoy and easily navigate the Platform.
2.1. Information You Provide
To register for an account on the Site and to use the Services, you may need to provide Cosynd with certain Information, such as your full name, age, e-mail address, mailing address, telephone number, credit card or other payment method information, billing information, URL, titles of creative works, collaborator name(s), credits and other similar information and metadata relating to your creative works, analytics, and biographical information. Providing Cosynd with such Information is a decision that you make in a free, voluntary and independent manner.
Cosynd may use community- and social media- based services and plugins such as message boards, through which you may publicly provide, share and disclose your Information so that it is visible to Cosynd, and other users of the Site and Services. You shall comply with the terms, conditions and policies of the third-party services which provide such services and plugins, if any, when using such services through the Site. Cosynd shall not be responsible for the use that third parties, including other users of the Site and Services, make of the Information you provide, share and disclose through any third-party community-based services, as well as of the accuracy of same.
2.2 Information Automatically Collected
Cosynd may automatically receive, collect and record information such as (i) actions and searches you perform while interacting with the Site or using the Services; (ii) Internet Protocol addresses; (iii) operating systems and browser settings; (iv) the time, frequency and duration of the actions, visits and uses of the Site and Services; and (v) analytics thereof.
2.3 Information Collected Using Cookies Cosynd may also collect information automatically through cookies and similar technologies, such as web beacons, gifs, etags, and scripts. Cookies are small data files about your interaction and use of the Site and Services that are downloaded and saved in your device, and that allow the Site to recognize your devices when you access or use the Site and Services in the future. Cookies allow the Site to analyze trends, administer the Site, track users' interactions with the Site, gather demographic information about Cosynd's userbase as a whole, and recognize you and tailor the Site and Services to your tracked preferences. You may limit or delete the cookies enabled by Cosynd by modifying the settings of your browser and you may set your browser to inform you when cookies are enabled. If you disable cookies, your ability to use certain areas or features of the Site may be limited.
3. Use of the Information
Cosynd collects and uses your Information directly via the Site and/or Service or through third party service providers : (i) to identify you when you use the Site and Services; (ii) to provide, operate, improve and optimize the operation of the Site and Services; (iii) to customize the Site and Services; (iv) to communicate with you, send you emails, technical messages, marketing messages, security alerts, general updates, updates to terms, conditions, and policies, and notices; and (v) to provide technical support.
Cosynd may also use your Information by sharing or disclosing all or part of it: (i) if it is necessary to provide, operate, improve or optimize the operation of the Site or Services; (ii) if it is required by the applicable law and regulations or requested by an authority such as a court, the government or law enforcement officials; (iii) as required to Cosynd's affiliated companies, assignees, officers, employees, contractors, partners, shareholders or licensees; (iv) in connection with a merger, acquisition, or corporate structuring of Cosynd; and (v) as aggregated data, including, without limitation, where we combine the Information, in whole or in part, with similar information relating to other users of the Platform in order to create statistical and analytical information regarding the Platform and its use.
You may revoke the authorization granted herein on a prospective basis by sending an email to email: help@cosynd.com and ceasing all use and access of the Site and/or Services. Where required by law, Cosynd shall be deemed the designated agent responsible and in charge of the treatment or use of the Information.
4. Update and correction of the Information
You agree to immediately send a request to Cosynd to update or correct the Information as soon as you notice that the Information provided by you or automatically collected is inaccurate or needs to be updated, rectified or deleted. You are responsible for any inaccuracies or discrepancies relating to your Information. You may send a request at any time to Cosynd to delete from its records and to remove from the Site, all or part of the Information, provided that Cosynd may retain copies of Information as required by law, for its internal accounting and reporting purposes or as necessary to provide the Site or Services . To request corrections and/or deletions, please send an email to email: help@Cosynd.com. All notices sent to this email will be deemed received 24 hours after the email was sent , if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
5. Access to the Information
You may have access to your Information collected by Cosynd by providing written request to email: help@Cosynd.com. You may receive your Information free of charge: 1) at least once each calendar month and 2) whenever there are substantial modifications to this Privacy Policy that motivate new inquiries.
6. Third party links
Third-party sites may be linked in the Site by Cosynd and by the users of the Site and Services. Cosynd is not responsible for the contents and services available through such third-party sites nor for the terms, conditions and policies of such linked sites.
7. Unsubscribing choice
You may choose to opt-out or unsubscribe from emails from Cosynd with updates, newsletters, marketing campaigns and other communications. You may choose to unsubscribe from such by following the instructions contained in such emails. You may not unsubscribe from emails regarding your account with Cosynd, changes to this Privacy Policy or other agreements between Cosynd and you or similar correspondence.
8. Children's Information
The Site and Services are not intended for persons under the age of 18. If Cosynd becomes aware that a minor has provided his/her Information, it will have the right to remove or delete such information and to make its best efforts in limiting the access of the minor to the Site and Services. If the minor's parents become aware that their child is accessing the Site, using the Services and/or providing Cosynd with his/her Information, they shall immediately contact us at email: help@Cosynd.com