Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Syndaq website, portals, online forms, communications, and related online services operated by Syndaq (“Syndaq,” “we,” “us,” or “our”).

By accessing or using the website, submitting an inquiry, requesting a quote, creating an account, using a portal, communicating with us, or otherwise interacting with Syndaq online, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use the website or related services.

If you are using the website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you personally and the entity you represent.

2. Scope of These Terms

These Terms apply to the general use of the Syndaq website and any online services, portals, forms, content, or communications made available through it. Certain paid services, development projects, hosting services, software services, contractor relationships, reseller relationships, or other business arrangements may be subject to separate written agreements, proposals, statements of work, order forms, service schedules, policies, or addenda.

If a separate written agreement applies to a specific service or project, that agreement will control to the extent of any direct conflict with these Terms, unless the separate agreement states otherwise.

3. Changes to These Terms

We may update, revise, or replace these Terms from time to time. The “Last updated” date displayed with these Terms indicates the latest revision. Updated Terms become effective when posted unless otherwise stated.

Your continued use of the website or related services after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the website and related services.

4. Eligibility and Lawful Use

You may use the website and related services only if you are legally able to enter into a binding agreement and only in compliance with these Terms and applicable law.

You agree not to use the website or related services to:

• Violate any applicable law, regulation, order, or legal obligation;
• Infringe, misappropriate, or violate the rights of Syndaq or any third party;
• Submit false, misleading, fraudulent, defamatory, obscene, abusive, or unlawful content;
• Interfere with, disrupt, overload, damage, or impair the website, servers, networks, or systems;
• Attempt to gain unauthorized access to any account, portal, system, server, database, or data;
• Probe, scan, test, or bypass the security or authentication measures of any system without written authorization;
• Upload or transmit malware, viruses, scripts, bots, exploits, or harmful code;
• Scrape, harvest, copy, extract, or collect data from the website without prior written permission;
• Use automated systems, bots, crawlers, or similar tools in a manner that may burden or interfere with the website;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the website or services for spam, phishing, fraud, deceptive marketing, or abusive communications;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any non-public software or system;
• Use the website or services in a way that could harm Syndaq, our clients, contractors, suppliers, users, or the public.

We may restrict, suspend, or terminate access to the website, portals, or services if we believe these Terms have been violated or if we determine that continued access creates legal, security, operational, reputational, or business risk.

5. Website Information Only

The content on this website is provided for general informational and promotional purposes only. While we aim to keep information accurate and current, we do not guarantee that website content is complete, accurate, current, error-free, or suitable for your particular needs.

Website content does not create a binding offer, client relationship, contractor relationship, partnership, employment relationship, fiduciary relationship, or professional advisory relationship.

6. Project Inquiries and Communications

Submitting a contact form, quote request, project inquiry, email, message, lead, support request, or other communication does not require Syndaq to respond, provide a quote, accept a project, reserve availability, or perform any services.

A client relationship is created only when Syndaq expressly accepts the engagement in writing and any required agreement, proposal, statement of work, invoice, deposit, onboarding requirement, or payment condition has been completed.

You agree that information you provide to Syndaq will be accurate, complete, and not misleading. You are responsible for promptly updating Syndaq if relevant information changes.

7. Quotes, Estimates, Proposals, and Statements of Work

Any quote, estimate, proposal, service description, timeline, or statement of work provided by Syndaq is based on the information available at the time it is prepared. Unless expressly stated otherwise in writing, quotes and estimates are not binding until accepted by Syndaq and may be revised if project requirements, assumptions, third-party costs, client instructions, technical conditions, timelines, or scope change.

A proposal, quote, or estimate may expire after the period stated in the document. If no expiry date is stated, Syndaq may withdraw or revise it at any time before acceptance.

Syndaq may decline, pause, or cancel a project request at its discretion, including where the requested work is unlawful, misleading, abusive, technically unreasonable, outside our service scope, creates unacceptable risk, or conflicts with our business standards.

8. Client Responsibilities

If you engage Syndaq for services, you are responsible for providing timely, accurate, complete, and usable information, materials, approvals, credentials, access, feedback, and decisions needed for Syndaq to perform the services.

Client responsibilities may include, where applicable:

• Providing accurate project requirements, business details, and technical information;
• Supplying content, images, branding materials, copy, product details, policies, and legal text;
• Obtaining all rights, licenses, permissions, and consents required for materials you provide;
• Reviewing work, providing feedback, and approving deliverables within requested timelines;
• Maintaining your own business, tax, legal, regulatory, privacy, accessibility, and compliance obligations;
• Maintaining backups of your own data unless backup services are expressly included in writing;
• Securing your accounts, passwords, users, devices, third-party services, and administrative access;
• Paying invoices, deposits, renewal fees, subscription fees, third-party costs, and applicable taxes when due.

Syndaq is not responsible for delays, errors, additional costs, missed deadlines, or performance issues caused by incomplete information, delayed approvals, unavailable access, third-party issues, client changes, or client failure to meet responsibilities.

9. Client Content and Materials

You retain ownership of content, data, trademarks, logos, images, text, files, records, and other materials you provide to Syndaq (“Client Content”), subject to any rights granted to Syndaq under these Terms or a separate written agreement.

You represent and warrant that you own or have all necessary rights, licenses, consents, permissions, and authority to provide Client Content to Syndaq and to allow Syndaq to use it for the requested services.

You agree not to provide Client Content that:

• Violates any law or regulation;
• Infringes intellectual property, privacy, publicity, contractual, or other rights;
• Contains malware, harmful code, or security vulnerabilities;
• Is defamatory, deceptive, fraudulent, obscene, abusive, hateful, or otherwise unlawful;
• Contains sensitive personal information unless necessary for the services and lawfully provided.

You grant Syndaq a limited, non-exclusive, worldwide, royalty-free license to access, use, reproduce, modify, host, display, transmit, and process Client Content solely as reasonably necessary to provide services, communicate with you, troubleshoot issues, maintain records, comply with legal obligations, and protect our rights.

10. Intellectual Property

Unless otherwise stated, the Syndaq website, branding, logos, trade names, service names, designs, graphics, layouts, text, software, code, scripts, databases, documentation, processes, workflows, templates, frameworks, methodologies, and other materials are owned by Syndaq or its licensors and are protected by intellectual property and other laws.

You may not copy, reproduce, modify, adapt, translate, publish, distribute, sell, license, exploit, reverse engineer, or create derivative works from any part of the website or Syndaq materials without prior written permission.

Nothing in these Terms transfers ownership of Syndaq intellectual property to you except as expressly stated in a separate written agreement.

11. Ownership of Project Deliverables

Ownership of project deliverables, including websites, software, designs, source code, graphics, copy, configurations, documentation, or other work product, will be governed by the applicable proposal, statement of work, invoice, service agreement, or written project terms.

Unless a separate written agreement states otherwise, Syndaq retains ownership of all pre-existing materials, reusable code, frameworks, libraries, modules, systems, processes, tools, know-how, ideas, methodologies, templates, and general knowledge used or developed by Syndaq.

Unless otherwise agreed in writing, any transfer or license of final deliverables is conditional on full payment of all amounts owed. Until full payment is received, Syndaq may withhold files, source code, credentials, launch approval, transfer rights, licenses, or other deliverables to the extent permitted by law and contract.

Third-party software, plugins, fonts, stock assets, APIs, libraries, platforms, and services may be subject to separate third-party licenses and terms. You are responsible for complying with those terms where they apply to your project or business.

12. Portfolio and Promotional Use

Unless you notify Syndaq in writing before project completion or unless a separate agreement states otherwise, you grant Syndaq permission to identify you as a client and display non-confidential project names, screenshots, descriptions, links, and general work samples in Syndaq’s portfolio, case studies, marketing materials, social media, proposals, and website.

Syndaq will not intentionally disclose confidential information through portfolio use. You may request that specific confidential or sensitive details be excluded.

13. Fees, Deposits, Billing, and Payment

Fees, deposits, payment schedules, subscription charges, renewal fees, usage fees, and third-party costs will be set out in the applicable quote, invoice, proposal, order form, statement of work, subscription terms, or written agreement.

Unless otherwise stated in writing, amounts are due in the currency shown on the invoice and must be paid by the due date listed. Deposits, setup fees, retainers, milestone payments, and upfront payments may be required before work begins, continues, launches, renews, or is released.

You are responsible for all applicable taxes, duties, levies, payment processing fees, bank fees, currency conversion costs, chargeback fees, and third-party costs unless otherwise stated in writing.

Syndaq may suspend or delay work, access, delivery, launch, support, hosting, maintenance, renewals, or account services if amounts are overdue, payment fails, a chargeback is initiated, or billing information is inaccurate.

14. Late Payments and Collections

If payment is not received when due, Syndaq may, to the extent permitted by law and any applicable agreement, charge late fees or interest, suspend services, withhold deliverables, restrict account access, terminate services, recover collection costs, and require updated payment arrangements before resuming work.

You agree to reimburse Syndaq for reasonable costs incurred in collecting overdue amounts, including administrative costs, chargeback fees, collection agency fees, legal fees, and court costs, where permitted by law.

15. Refunds, Cancellations, and Project Termination

Refunds, cancellations, deposits, retainers, subscriptions, and project termination rights will be governed by the applicable written agreement, proposal, invoice, subscription terms, or service policy.

Unless otherwise required by law or expressly stated in writing, deposits, setup fees, custom work, completed work, partially completed work, purchased third-party services, domain registrations, software licenses, hosting fees, subscription periods, and administrative fees may be non-refundable.

If you cancel a project after work has started, you may be responsible for all work performed, time spent, expenses incurred, third-party costs, committed resources, and cancellation fees up to the cancellation date.

Nothing in these Terms limits any mandatory cancellation, refund, or consumer protection rights that cannot be excluded under applicable law.

16. Revisions, Change Requests, and Scope Control

Project scope will be based on the applicable proposal, statement of work, invoice, written agreement, or accepted project description. Any request outside the agreed scope may be treated as a change request and may require additional fees, timeline changes, or written approval before work proceeds.

Revisions are included only where expressly stated in writing. Unless otherwise agreed, revisions do not include new features, new pages, major design direction changes, new integrations, new content structures, platform changes, data entry, third-party troubleshooting, or changes that materially alter the original scope.

17. Timelines and Delays

Any timelines, launch dates, milestones, or delivery estimates are estimates only unless expressly stated as binding in a written agreement. Timelines may depend on client approvals, content delivery, access credentials, third-party providers, technical complexity, payment status, and other factors.

Syndaq is not responsible for delays caused by client inaction, late payments, incomplete materials, changing requirements, unavailable third-party services, force majeure events, or circumstances outside Syndaq’s reasonable control.

18. Hosting, Domains, Email, and Third-Party Services

Syndaq may assist with hosting, domain names, email, DNS, software, plugins, APIs, payment gateways, identity verification, analytics, security tools, or other third-party services. Third-party services are subject to the terms, policies, pricing, availability, limitations, and decisions of their respective providers.

Syndaq is not responsible for third-party outages, suspensions, price changes, policy changes, account closures, data loss, deliverability issues, API changes, domain disputes, registrar actions, platform restrictions, or service failures outside Syndaq’s reasonable control.

Domain names are subject to registrar and registry rules. You are responsible for ensuring domain registration details are accurate and renewals are paid on time unless Syndaq has expressly agreed in writing to manage renewals on your behalf.

19. Website, Software, and Service Performance

Syndaq may provide website design, development, software, hosting, maintenance, analytics, security, automation, integrations, or related services. Unless expressly guaranteed in writing, Syndaq does not guarantee any specific uptime, page speed, search engine ranking, revenue, conversion rate, sales result, traffic volume, email deliverability rate, security outcome, or business result.

You acknowledge that websites, software, hosting environments, email systems, search engines, third-party APIs, payment gateways, and online platforms may change, experience downtime, or behave unpredictably.

20. Security

Syndaq uses reasonable technical, administrative, and organizational measures designed to protect its website and systems. However, no website, server, software, network, email system, or method of data transmission is completely secure.

You are responsible for maintaining secure passwords, restricting account access, managing authorized users, updating your own devices, using reasonable security practices, and notifying Syndaq promptly if you suspect unauthorized access, compromised credentials, or a security issue.

Unless expressly included in writing, services do not include continuous security monitoring, incident response, malware removal, compliance auditing, penetration testing, backup management, disaster recovery, or cyber insurance.

21. Accounts and Portals

If Syndaq provides you with access to an account, client portal, contractor portal, dashboard, support area, billing area, or other restricted system, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must not share account access with unauthorized persons, use another person’s account, or attempt to access areas that you are not authorized to access. Syndaq may suspend or revoke account access at any time for security, legal, operational, billing, or policy reasons.

22. Independent Contractor, Sales Representative, and Lead Portal Terms

If Syndaq provides access to a contractor, sales representative, referral, or lead management portal, that access is provided only for authorized business purposes and may be subject to a separate written agreement.

Access to a portal, company email address, lead system, sales materials, training materials, commission tracking, or internal resources does not create employment, partnership, agency, franchise, or joint venture status unless expressly stated in a signed written agreement.

Contractors, representatives, and referral partners are responsible for complying with all applicable laws, marketing rules, privacy obligations, anti-spam requirements, tax obligations, and any written agreement with Syndaq.

23. Electronic Communications and Signatures

You consent to receive communications from Syndaq electronically, including by email, website notices, portal notices, forms, invoices, digital documents, and other electronic methods. Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

You agree that electronic signatures, checkbox acceptances, typed names, digital approvals, portal approvals, email confirmations, and other electronic confirmations may be legally binding to the extent permitted by applicable law.

24. Marketing Communications

Syndaq may send commercial, promotional, educational, or business development communications where permitted by applicable law. Where required, we will obtain consent and provide required identification information and an unsubscribe mechanism.

You may unsubscribe from marketing communications using the unsubscribe method provided or by contacting [email protected]. Even if you unsubscribe from marketing communications, Syndaq may still send transactional, billing, legal, security, support, or service-related messages.

25. Privacy

Your use of the website and related services may involve the collection, use, disclosure, storage, and processing of personal information. Syndaq handles personal information in accordance with its Privacy Policy, which is incorporated into these Terms by reference.

By using the website or related services, you acknowledge that you have reviewed and understood the Privacy Policy.

26. Confidentiality

In connection with inquiries, projects, support, contractor relationships, or business dealings, either party may receive confidential or non-public information from the other. Confidential information may include business plans, technical information, login credentials, pricing, project details, customer information, financial information, trade secrets, software, systems, and non-public communications.

Each party agrees to use reasonable care to protect confidential information and to use it only for the purpose for which it was provided, unless disclosure is authorized, required by law, already public through no fault of the receiving party, independently developed, or lawfully received from another source without confidentiality obligations.

27. Feedback, Suggestions, and Ideas

If you provide feedback, ideas, suggestions, feature requests, concepts, improvements, or recommendations to Syndaq, you grant Syndaq a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, modify, incorporate, develop, commercialize, and exploit that feedback without restriction or compensation to you.

28. Third-Party Links and Content

The website may include links to third-party websites, platforms, tools, content, products, or services. Syndaq does not control and is not responsible for third-party content, availability, security, policies, practices, accuracy, or services.

Your use of third-party websites, platforms, tools, products, or services is at your own risk and may be subject to separate third-party terms, privacy policies, fees, and restrictions.

29. No Professional Advice

Information provided by Syndaq through the website, communications, proposals, articles, guides, or general discussions is for general informational purposes only and does not constitute legal, financial, accounting, tax, insurance, medical, regulatory, cybersecurity, or other professional advice.

You are responsible for obtaining professional advice appropriate to your business, industry, location, legal obligations, and circumstances.

30. Compliance With Laws

You are responsible for ensuring that your business, website, content, products, services, advertising, data practices, customer communications, and use of Syndaq services comply with applicable laws, regulations, industry rules, platform policies, and third-party terms.

This may include, where applicable, privacy laws, anti-spam laws, consumer protection laws, accessibility requirements, advertising rules, intellectual property laws, tax laws, industry regulations, payment processor rules, and platform policies.

31. Prohibited Industries and Activities

Syndaq may refuse, suspend, or terminate services for any business, content, activity, or project that we determine, in our sole discretion, is unlawful, deceptive, harmful, abusive, high-risk, reputationally damaging, technically unsafe, or inconsistent with our business standards.

This may include, without limitation, fraud, phishing, malware, illegal products or services, unauthorized financial activity, unlawful adult content, hate or harassment, counterfeit goods, intellectual property infringement, spam operations, exploitative practices, or any activity that may expose Syndaq, our clients, users, suppliers, or systems to unacceptable risk.

32. Availability, Maintenance, and Modifications

We may update, modify, maintain, suspend, restrict, or discontinue any part of the website or related services at any time, with or without notice. We do not guarantee that the website or related services will be uninterrupted, secure, error-free, or available at all times.

We may perform maintenance, updates, security changes, feature changes, or infrastructure changes that affect website or service availability.

33. Disclaimer of Warranties

To the maximum extent permitted by law, the website, content, portals, communications, and related services are provided on an “as is,” “as available,” and “with all faults” basis, without warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by law, Syndaq disclaims all warranties, representations, and conditions, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, compatibility, performance, and uninterrupted operation.

Syndaq does not warrant that the website or services will meet your requirements, achieve a particular result, be free of errors, defects, vulnerabilities, malware, interruptions, or data loss, or that any defects will be corrected.

34. Limitation of Liability

To the maximum extent permitted by law, Syndaq and its owners, directors, officers, employees, contractors, suppliers, licensors, service providers, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of use, business interruption, security incidents, reputational harm, or loss of business opportunities, arising out of or related to your use of the website or services.

To the maximum extent permitted by law, Syndaq’s total aggregate liability for any claim arising out of or related to the website, services, communications, project work, or these Terms will be limited to the amount you paid to Syndaq for the specific service giving rise to the claim during the three months immediately preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100.00), whichever is greater.

The limitations in this section apply whether the claim is based in contract, tort, negligence, strict liability, statute, equity, or any other legal theory, even if Syndaq has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

35. Indemnification

You agree to defend, indemnify, and hold harmless Syndaq and its owners, directors, officers, employees, contractors, suppliers, licensors, service providers, and representatives from and against any claims, demands, actions, proceedings, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• Your access to or use of the website or services;
• Your violation of these Terms or any applicable agreement with Syndaq;
• Your violation of any law, regulation, third-party right, or third-party term;
• Client Content or materials you provide to Syndaq;
• Your business, products, services, advertising, customers, users, or operations;
• Your misuse of accounts, portals, credentials, systems, or deliverables;
• Any dispute between you and your customers, users, employees, contractors, vendors, or third parties.

Syndaq reserves the right to assume exclusive control of any matter subject to indemnification, in which case you agree to cooperate with Syndaq in defending the matter.

36. Force Majeure

Syndaq will not be liable for any delay, failure, interruption, or inability to perform caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, power failure, internet failure, cyberattack, labour dispute, war, terrorism, civil unrest, pandemic, government action, changes in law, supply chain disruption, third-party provider failure, payment processor issue, hosting provider issue, domain registry issue, or other events beyond Syndaq’s reasonable control.

37. Suspension and Termination

Syndaq may suspend, restrict, or terminate your access to the website, portals, accounts, or services at any time if we believe you have violated these Terms, failed to pay amounts due, created security risk, violated law, misused services, harmed or attempted to harm Syndaq or others, or created legal, operational, reputational, or business risk.

Upon termination, your right to access or use the affected website, portal, account, or service will immediately cease. Any provisions that by their nature should survive termination will survive, including provisions related to payment, ownership, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

38. Consumer Rights and Non-Excludable Rights

Nothing in these Terms is intended to exclude, restrict, or modify any consumer protection, cancellation, refund, warranty, privacy, or other legal rights that cannot be excluded, restricted, or modified under applicable law.

If any provision of these Terms is found to be inconsistent with mandatory legal rights that apply to you, the mandatory legal rights will apply only to the extent required by law, and the remaining provisions of these Terms will continue in effect.

39. Governing Law

These Terms and any dispute, claim, or controversy arising out of or related to the website, services, communications, or these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

40. Dispute Resolution and Venue

Before starting a formal legal proceeding, you agree to first contact Syndaq at [email protected] and attempt to resolve the dispute informally.

Subject to any mandatory rights or procedures that cannot be waived, any legal proceeding arising out of or related to these Terms, the website, or Syndaq services will be brought exclusively in the courts located in Ontario, Canada, and you consent to the jurisdiction of those courts.

41. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without Syndaq’s prior written consent. Syndaq may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, financing, corporate transaction, or transfer of business operations.

42. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to achieve its intended effect as closely as possible. The remaining provisions will remain in full force and effect.

43. Waiver

Syndaq’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Syndaq to be effective.

44. Entire Agreement

These Terms, together with the Privacy Policy and any applicable written agreement, proposal, statement of work, invoice, order form, service schedule, or policy incorporated by reference, constitute the entire agreement between you and Syndaq regarding the applicable subject matter.

These Terms supersede any prior or contemporaneous communications, understandings, or agreements regarding the website or general online services, except where a separate written agreement expressly applies.

45. Interpretation

Headings are provided for convenience only and do not affect the interpretation of these Terms. Words such as “including” mean “including without limitation.” References to “law” include applicable statutes, regulations, rules, orders, and legal requirements.

46. Contact

Questions about these Terms can be sent to: [email protected].

Organization: Syndaq

Website: https://syndaq.com