This Agreement is between you and Sincidium Pty Ltd.
The https://www.sincidium.com website (the "Site") and the Sindy platform is comprised of various web pages and applications operated by Sincidium. The Site and Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Sincidium’s product Sindy allows its users to create, share, read and listen to student conversations on class material.
Your use of https://www.sincidium.com is subject to Sincidium’s Privacy Statement. Please review our Privacy Statement, which also governs the Site and informs users of our data collection practices.
Visiting https://www.sincidium.com or sending emails to Sincidium constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sincidium is not responsible for third party access to your account that results from theft or misappropriation of your account. Sincidium and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Sindy requires all logged-in users to indicate whether they are 18 years of age, or under 18 years of age, at the time that they sign-in. We are undertaking all practicable steps to anonymize the activity of users under the age of eighteen. More information can be found in our Privacy Statement.
You may cancel your Sindy account at any time by emailing team@sincidium.com.
https://sincidium.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control Sincidium and Sincidium is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sincidium is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sincidium of the site or any association with its operators. Certain services made available via https://www.sincidium.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://sincidium.com domain, you hereby acknowledge and consent that Sincidium may share such information and data with any third party with whom Sincidium has a contractual relationship to provide the requested product, service or functionality on behalf of its users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use https://sincidium.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sincidium that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sincidium or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Sincidium content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sincidium and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sincidium or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Sincidium has no obligation to monitor the Communication Services. However, Sincidium reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sincidium reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Sincidium reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sincidium’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sincidium does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sincidium specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Sincidium spokespersons, and their views do not necessarily reflect those of Sincidium.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Sincidium does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Sincidium Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sincidium, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Sincidium is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sincidium’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You are able to connect your Sincidium account to third party accounts, in particular to your Google account. By connecting your Sincidium account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).
The Service is controlled, operated and administered by Sincidium Pty Ltd from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Sincidium Content accessed through https://sincidium.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Sincidium, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sincidium reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sincidium in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sincidium agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SINCIDIUM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SINCIDIUM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SINCIDIUM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SINCIDIUM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SINCIDIUM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Sincidium reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sincidium as a result of this agreement or use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sincidium as a result of this agreement or use of the Site. Sincidium’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sincidium’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sincidium with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sincidium with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sincidium with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Sincidium reserves the right, in its sole discretion, to change the Terms under which The Site is offered, for example to reflect changes to the law or changes to our Services. The most current version of the Terms will supersede all previous versions, and we will notify you about material changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating this page.
Sincidium welcomes your questions or comments regarding the Terms: team@sincidium.com
Protecting your private information is our priority. Here's a summary of our commitments to you:
This Statement of Privacy applies to www.sincidium.com and the Sindy platform, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Sindy include www.sincidium.com, the Sindy platform, and all other applications provided by Sincidium Pty Ltd. By using the Sindy website, you consent to the data practices described in this statement.
Everyone at Sindy takes the privacy of students and children extremely seriously. We do not intentionally target our services to students or children of any kind. Educators that have the authority to act on parents’ behalf may allow students under 13 to use our services and products, if such use is for educational purposes, and if this use ensures that students will not provide any personal information and will not share, or otherwise, distribute recordings containing personal information.
In order to provide the utmost level of data privacy and security for users under the age of 18, we require all users to indicate whether they are 18 years of age or older, or under 18 years of age, at the time that they sign-in. For those users under 18, we:
At any time, you may correct, update, remove or request access to personal information we may have about you by sending an email request. Parents and educational institutions that have provided minor students with access to Sindy may correct, update, remove or request access to the minor’s personal information by sending an email request to team@sincidium.com.
We handle personal information of our website visitors and users of our platform – which includes both students and teachers. These individuals may provide information about themselves (e.g., teachers and students who sign up to use the platform) as well as about each other (e.g., teachers who provide information about their students).
This information may include:
We do not collect any personal information about you unless you voluntarily provide it to us.
To operate our Services:
We may use your personal information for research and development purposes, including to analyze and improve our Services and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and promote our business.
We may collect and use your personal information for marketing purposes. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email and in-app notifications. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.
Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
In the unlikely event that Sindy comes to suspect a breach of the robust protective measures we have in place with respect to the data we collect, we will carry out an expeditious assessment of whether someone has, in fact, obtained unauthorized access to your protected data. For purposes of this policy, a breach is any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information that we maintain.
If we determine that a breach has occurred, or even if we conclude that it’s reasonably likely to have taken place, we will immediately send you notice setting forth the following information:
Should your use of Sindy be part of a formal arrangement with a school district or other educational agency (regardless of whether your relationship with that institution is as a student, teacher, administrator, staff member, or something else), we will also provide the same notice via email and telephone to those person(s) designated by the district/agency for receipt of such information. In such an instance, you may receive notice of the breach described above directly from the district/agency on our behalf.
In either case, and regardless of whether we determine that a breach has actually occurred or not, we will adhere to all national, state and local data breach regulations applicable to the impacted user(s), which may include providing notice to legal authorities, as mandated by the laws of your country and/or regional/local jurisdiction.
Sindy reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information in the following ways:
Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Other authorized users of the Services. We may share certain of your personal information with other users of the Services, to the extent those users belong to the same educational institution as you. For example, teachers will be able to view their own students’ completed assignments and conversations through the AI chatbot.
Service providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate our Services (such as lawyers, bankers, auditors, insurers, customer support, hosting, analytics, email delivery, marketing, and database management).
Authorities and others. We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.
Access, update, or delete your account information. You can request for your personal information, or that we delete your account by emailing us at team@sincidium.com. Please note that (1) we may have to retain some information after your account is deleted, to comply with legal obligations, to protect the safety and security of our community or our Services, or to prevent abuse of our terms and (2) we may retain anonymous data after you delete your account, in order to improve the operation of our Services.
Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails.
Online tracking opt out. There are a number of ways to limit online tracking, which we have summarized below:
Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
Please note that any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you transmit to us you do at your own risk.
We may modify this Privacy Policy from time to time in which case we will update the effective date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on our website, or by other means consistent with applicable law) and will take additional steps as required by applicable law.
Please direct any questions or comments about this Policy or our privacy practices to: team@sincidium.com.