mobileHealthWorks is a branded service offering of the company Synegys s.r.o.
By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent or End User to access or use the Service, You agree to be bound by these Terms. These Terms apply to End Users, and by using the Service each End User agrees to be bound by these Terms and acknowledges that such End User is 13 years of age or older. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Synegys that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account means all Synegys accounts or instances created by or on behalf of Subscriber or its Agents within the Service.
Agent or Account Login means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
End User means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.
Form means any Synegys generated Statement of Work executed or approved by You with respect to Your subscription to the Service, which form may provide details under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.
Synegys means Synegys s.r.o., a registered company in the Czech Republic or any of its successors or assignees. In these Terms, Synegys may also be referred to through the use of “We” or “Our.”
Service means the Synegys service consisting of mobile apps, web apps, online and mobile messaging, information aggregation and delivery services and related infrastructure and applications that make available information, data, text, messages and other materials from Subscribers. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service are also subject to these Terms, and We reserve the right to deploy such features, updates or enhancements at any time.
Service Plan means the service plan and the functionality and services associated therewith (as detailed on the Site and/or in a Form) for which You subscribe with respect to each Agent.
Subscription Term means the period during which You have agreed to subscribe to the Service with respect to any individual Agent.
Your Data means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End Users in connection with Your use of the Service.
During the Subscription Term and subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms or use the Service on behalf of any third party other than Agents or End Users.
You are responsible for compliance with the provisions of these Terms by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual.
All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials transmitted using the Service (“Content”) are the sole responsibility of the Subscriber from whom such Content originated. As a Subscriber, You are responsible for the Content that You send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Synegys website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Synegys does not control the Content posted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Synegys and any of its Subscribers have the right to use, edit, reproduce, distribute, display, or perform any Content You submit to the Service in any manner whatsoever. Under no circumstances will Synegys be liable in any way for any Content.
You agree that You will not use the Service to send, post, upload, transmit or otherwise make available any Content:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- That is fraudulent, deceptive or illegal that contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;
- That bullies, harasses, advocates or encourages harassment of another person;
- That You do not have legal rights to make available under any law or under contractual or fiduciary relationships;
- That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;
- That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;
- That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses; or
- That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment.
You agree that You will not use the Service to:
- Harm, scare or threaten anyone in any way;
- Impersonate any person or entity; or
- Falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; or
- Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law.
Without limiting the foregoing: (1) Subscriber acknowledges that certain statutes and regulations, including without limitation the Telephone Consumer Protection Act of 1991 and the regulations promulgated thereunder (the “TCPA”), may govern Subscriber’s use of the Service; (2) Subscriber hereby represents, warrants and covenants that (i) Subscriber will obtain all required informed consent from each End User, including clear and conspicuous disclosure that each End User will receive Content, (ii) Subscriber does not require that End Users receive Content through the Service and (iii) each End User will affirmatively designate the number at which to receive the Content (which shall not be pre- populated by Subscriber in an online form); and (3) Subscriber will indemnify and hold Synegys and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of Subscriber’s failure to properly obtain such informed consent from each End User or to otherwise comply with the TCPA.
End Users acknowledge, understand and agree that Synegys, its designees and Subscribers shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and We assume no responsibility for the Content of any kind provided through the Service. You agree that You must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, You acknowledge, understand and agree that You may not rely on any Content created by Synegys or submitted to Synegys for quality or accuracy.
By participating in a Synegys text chat, text to screen or alerts program, each End User agrees that such End User is the primary owner of the phone number used. The Service may not be compatible with all mobile devices. If an End User texted into or received a text message from one of Our virtual numbers, then such End User may unsubscribe at any time by texting STOP to that number. For additional help, End Users can email firstname.lastname@example.org.
You, Agents and End Users agree that Synegys, in its sole discretion, may establish general practices and limits concerning use of the Service. You, Agents and End Users agree that Synegys has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You, Agents and End Users acknowledge that Synegys reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Synegys’ sole discretion.
In addition to Our other rights set forth in these Terms, Synegys reserves the right, in Synegys’ reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which Synegys will use commercially reasonable efforts to notify You in advance both through a notice to Your Account owner and Agents) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning; or (c) if We suspect or detect any malicious software connected to Your Account or use of the Service by You, Agents or End Users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (CET) and other off-peak hours.
Use of Information
A Subscriber’s program may ask an End User to provide personally identifiable information to participate in that program. By providing that information such End User agrees that Synegys may store the information such End User provides and that the Subscriber may use the information for that program and for future programs hosted by that Subscriber. Synegys will not sell this personally identifiable information with other Subscriber or third parties. Synegys obtains information regarding each End User’s wireless services provider (“mobile carrier”) through the applicable mobile phone number.
Subscribers may ask End Users to submit information about themselves if they have specifically opted-in to receive communications from such Subscribers. If an End User chooses to submit information, then Subscribers may use this information and may share such information with third parties.
You acknowledge, understand and agree that Synegys may access, store and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights or content of third parties; (d) respond to customer service requests; or (e) protect the rights, property or personal safety of Synegys, its users, Subscribers and the public.
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Agents and End Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service, including all related intellectual property rights, will remain with and belong exclusively to Synegys. Synegys shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents or End Users (including without limitation any add-ons or modifications described in any Form). “Synegys” and Synegys’ product and service names and logos used or displayed on the Service are trademarks of Synegys (collectively, “Marks”), and You may only use such Marks to identify You as a Subscriber; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Synegys, its services or products.
Synegys respects copyright law and We expect You, Agents and End Users to do the same. Unauthorized copying, distribution, modification, display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holder rights. As a condition of access to the Service by You, Agents and End Users, You agree that You, Agents and End Users will not use the Service to infringe the intellectual property rights of other people or entities in any way. Synegys reserves the right to terminate the account or usage of You, Agents or End Users upon any single infringement of the rights of others in conjunction with use of the Service or for any other reason or no reason in Synegys’ sole discretion.
THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IT ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SYNEGYS, SUBSCRIBER AND SYNEGYS’ LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SYNEGYS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. SYNEGYS, SUBSCRIBER AND SYNEGYS’ LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, DATA OR ADVICE OBTAINED THROUGH THE SERVICE. SYNEGYS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION, DATA OR ADVICE RECEIVED THROUGH ANY SUCH GOOD OR SERVICE, INCLUDING LINKS TO SAID INFORMATION, DATA OR ADVICE.
If an End User uses the Service to purchase or otherwise engage in direct transactions with Subscriber, then all such transactions shall be governed by the terms and conditions entered into with Subscriber. Under no circumstances shall Synegys have any responsibility or liability therefor. If an End User believes that Subscriber is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the CTIA Wireless Association, Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, then such End User shall immediately report any such suspected violations to Synegys.
END USER UNDERSTANDS AND AGREES THAT IF END USER CLICKS ON, DOWNLOADS OR OTHERWISE OBTAINS MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE, THEN END USER DOES SO AT END USER’S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO END USER’S COMPUTER SYSTEM, COMPUTING DEVICE, AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SYNEGYS, ITS SUBSCRIBERS OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, PURPOSEFUL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, (EVEN IF SYNEGYS OR ITS SUBSCRIBERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Additional Limitation of Liability
Without limiting the foregoing, under no circumstances shall Synegys, Subscriber or Synegys’ licensors be held liable for any delay, outage or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Updates and Changes to our Terms and Conditions
We may modify or terminate Our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to You, Agents, End Users or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that You will be apprised of any changes. Your continued use of the Service following the effective date of any such modification may be relied upon by Synegys as Your consent to any such modification. Synegys’ failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
This site is created and controlled by Synegys, s.r.o. in the Czech Republic. As such, the laws of the Czech Republic will govern these disclaimers, terms and conditions, without reference to any principles of conflicts of laws. We reserve the right to make changes to our site and to these disclaimers, terms, and conditions at any time.
Compliance with Applicable Laws and Export Control Laws
Use of this web site is governed by all applicable federal, state, and local laws. All information available on this site is subject to the laws of the country where you reside. Synegys makes no representation that the content on this site is appropriate or available for use in other locations, and access to it from territories where the content is illegal and prohibited.
This document was updated December 12, 2020.