Terms of Service
Last updated: This document (“Terms of Service”) is valid as of June 3, 2020
Welcome to Sintelly! Sintelly is an educative/social network app, i.e. it shares educative content (such as educative articles, news articles, logical reasoning tests, quizzes, and various related information) but it serves as a social network as well, which means that you (as a registered user) will be able to communicate with other people (other registered users). Apart from merely communicating with them, you will also be able to post content in the form of educative articles yourself. The idea behind Sintelly is therefore sharing knowledge, experiences, and similar information.
In the ongoing text, you will be introduced to our Terms of Service, the goal of which is to provide security for our users and for us (our business). The Sintelly app is owned, created and operated by Sintelly Ltd. This document therefore governs both our and your rights with respect to the content (educative articles, news articles, logical reasoning tests, quizzes, and various related information) posted and shared by either us, you, or other users who agree with the following Terms of Service. In order to agree to the Terms of Service and use the Services, you need to (1) be 18 or older or have your parent or guardian’s consent to agree to the Terms of Service, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable law. If you do not agree to be bound by these Terms of Service, you are not permitted to use our Services.
BY AGREEING TO OUR TERMS OF SERVICE, YOU WILL ACCEPT THE FOLLOWING TERMS AND CONDITIONS. WE ADVISE YOU TO READ THEM CAREFULLY.
I. Terms and Conditions
By accessing and using this app, you agree to and accept the following terms and conditions. By doing so, you accept to be bound by them. The purpose of doing so is avoiding uncertainties and misunderstandings, as well as clarifying what is within our rights, our users’ rights, and protecting our business. When using this app’s particular services, you will be subject to the guidelines and rules of this document. That is why any use and participation in this app will presuppose your acceptance of these terms and conditions. You may use the Services only if you agree to form a binding contract with Sintelly and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you do not agree and adhere to these Terms of Service, you will not be permitted to use this service.
II. User Accounts
In order to create a user account for our Services (a “User Account”), you must (i) agree to be bound by these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required during the registration process. You are responsible for providing complete and accurate information when registering for a User Account, and for keeping such information current. You are responsible for maintaining the security of the User Account and any password associated therewith. You agree to keep your password secure and confidential and to not allow anyone else to use your username or password to access our app. You also agree not to create additional User Accounts for the purpose of abusing the functionality of our app or to seek to pass yourself off as another user. You agree that you will not solicit, collect or use the login credentials of other Sintelly users. You are responsible for all content that is posted to our app or through the Services using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual and to deny access to our Services to any individual, and to modify or terminate the Services, in each case, for any reason, with or without notice and at any time. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. The content you have created and published, as well as other users’ comments on that content, is not considered profile information and will not be deleted as part of a request to remove a member’s personal information. Deleting user-created content can be done solely on request. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our Services or portions thereof (including any content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with these Terms of Service.
III. Electronic communication
Apart from providing information, Sintelly also functions as a social network. When you use Sintelly for the sake of communicating with us from Sintelly, you can send us text messages and e-mails from your mobile device or computer. You can communicate with us and receive text messages or e-mails from us electronically. You can retain copies of these communications for your records, but by agreeing to these terms and conditions you consent to receiving notifications (e-mails or text messages) from us. We will send you notifications if we want to inform you or keep you posted about something.
V. In-app purchases
The Premium subscriptions are offered as in-app purchases. They can be activated and paid for in the respective app stores. The prices for in-app purchases in the respective app stores are subject to change based on your location.
We aim to display clear pricing information for our services. The prices may vary depending on your location.
The subscriptions are auto renewable. After you confirm your purchase, payment will be charged to your app store account. Subscription automatically renews, unless auto-renew is canceled at least 24 hours before the end of the current subscription period. The account will be charged within 24 hours prior to the expiration of the current subscription period. You can turn off auto-renew and manage your subscriptions using the settings in the respective app store. Additionally, deleting your Sintelly account does not affect your subscription, as all subscriptions are managed using the settings in the respective app store. Your account will not be deleted if you cancel your subscription. All subscription charges are non-refundable.
If not noted otherwise, all discounts on subscriptions are applicable only to the first payment.
VI. Disclaimers of Information and Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER SINTELLY LTD., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APPLICATION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR APPLICATION.
(B) THE WEBSITE, APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) NEITHER SINTELLY LTD., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTRIBUTORS, USERS OR THIRD-PARTIES OR CONTENT GENERATED FROM SUCH THIRD PARTIES THAT MAY APPEAR ON OR THROUGH THE WEBSITE OR APPLICATION, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL SINTELLY LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP/WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE APPLICATION.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SINTELLY LTD., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OR ACCESSED ON THE WEBSITE OR THE APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SINTELLY LTD., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
VII. Intellectual Property Rights
Sintelly and/or its third-party licensors retain ownership of all intellectual property rights in its app which are made available to you by accepting these Terms of Service. This includes: logos, graphics, text, button icons, pictures, audio clips, data compilations and software. Users can, however, share their own content (educative articles/quizzes). In that case, Sintelly does not claim ownership of the content that you or other users of this app shared/posted in this app.
Sintelly respects the intellectual property rights of its content providers and other third parties and wants its users to do the same. The Application contains copyrighted material, trademarks and other proprietary information, including, but not limited to: video, text, software, photos, and graphics. Most of this content, as well as the selection and arrangement of such content is or may be protected by the copyright laws of the United States and other countries. Sintelly has rights in the selection, coordination, arrangement and enhancement of such content through its Application, as well as in the content presented within the app that is original to it.
Also, Sintelly withholds the right of making any of your publicly-posted content available to third parties. This means that our third-party providers and partners can use, distribute, comment, analyze or make derivative works of the content you shared/posted. To avoid any doubts, you hereby agree that our third-party licensors can utilize the content that you shared/posted in their own promotional material and content in our app.
The social nature of our app (and of the content shared/posted in it) enables our users to make comments on your posts (i.e. on the content you shared/posted). You will also be able to comment other users’ posts. However, you will also have the option of removing your comments and reporting comments from other users if you find them offensive or inappropriate. The same regulation applies to other users in relation to your posts. You hereby agree to these conditions.
If you post content onto our server, that content will be available for use to the public, i.e. to all users of our app. You hereby agree that the content you post in our app will not contain third-party material which is copyrighted, or material which is subject to any other third-party rights (as well as rights relating to privacy and publicity), unless the material’s rightful owner gives you permission (or if you are legally entitled in some other way) to post the material. You also agree to grant our app all the license rights granted hereby.
VIII. Prohibited Actions
You hereby agree that you will not:
- take any action (when using Sintelly and its services) which is harmful, unlawful, false, threatening, misleading, embarrassing, harassing, abusive, defamatory, tortious, vulgar, hateful, fraudulent, deceptive or invasive of other users’ privacy. You also agree that you will not post or share content which is explicit in terms of violence or sex.
- post any content which would harass, victimize, degrade or intimidate other people (users and non-users) in the sense that you will not post discriminatory and racist content.
- post any explicit content, i.e. content that includes graphics (images or videos) showing realistic images of killing, shooting, stabbing or torturing people or animals.
- post any content which would infringe intellectual or proprietary rights of other people (users and non-users).
- plagiarize, i.e. post content which is not your work without clearly mentioning and stating whose work that is (in the form of quotations or paraphrases).
- post any content which would promote alcohol or drug abuse, especially to minors.
- post any web links which contain or could contain software viruses (or similar threatening and intrusive programs) to any material in our app. If doing so, the functionality of our app could be compromised or destroyed, and we do not want that. So, avoid posting any web links with viruses.
- use any machine or program which would monitor, copy or intrude our services or the content posted in our app.
- interfere/disrupt our app or its services, servers or networks.
- violate any applicable law (international, national, state or local law).
- post pictures or videos of children without first asking and obtaining permission from their parents or guardians for doing so.
- post any content (with respect to using our app or our services) which would constitute or even encourage criminal behavior.
- send spam messages to users for commercial purposes or use our app or its services for these (commercial) purposes without previously informing us from Sintelly about it and receiving our written consent.
- gather/rally other users of Sintelly for the sake of forming any group or organization without our written consent.
- post any content that would have a negative influence on other users of our app.
IX. Digital Millennium Copyright Actions (DMCA)
If you are the copyright owner of a certain content, or if you are an agent thereof, who believes that your copyrights (in some of the content shared/posted in our app and its services) are somehow infringed upon, first contact the individual who shared that content and try to solve the issue. This is the shortest and best way to solve this type of issue, and you can do it without even contacting us.
If, however, you do not manage to solve the issue with this particular individual, you can either contact us via our e-mail [email protected] or send a written notification to the DMCA. However, keep in mind that sending intentionally misleading and false reports of infringement may be punishable under the DMCA (Digital Millennium Copyright Act) law. We therefore advise you to read the DMCA document.
Sintelly withholds the right to terminate your User Account on this app, without cause or notice, which may or may not result in the destruction and loss of all information associated with your account. If you misuse your User Account in any way (like described in the “Prohibited Actions” section), Sintelly can temporarily suspend or permanently terminate your account.
The information on your account, i.e. the content which you posted will then be either deleted or preserved. It is our decision whether your content will be deleted or whether it will remain on our app. The content which you posted will remain in our app if we decide that it is non-offensive and in accordance to our rules and regulations. In that case, your content will remain visible and accessible to our other users, as well as to our third-party licensors. We therefore advise you to behave in accordance to our rules and regulations described in this document. Otherwise, we will have the right and responsibility to act in accordance to our rules and regulations described in this agreement, i.e. to suspend or terminate your account.