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Terms of Service

Last Updated: April 9, 2025

1. Introduction

Welcome to Cylinq ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, software applications, APIs, and other online products and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.

2. Eligibility

You must be at least 18 years of age to access or use our Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations.

3. Accounts and Registration

To access certain features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information, such as your email address and password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree not to disclose your password to any third party. You must notify us immediately if you suspect any unauthorized use of your account or access to your password.

4. Payment Terms

4.1 Fees and Billing

When you subscribe to our paid Services, you agree to pay all fees applicable to your subscription plan. We use Stripe as our payment processor. All fees are exclusive of taxes, which we will charge as applicable. Unless otherwise specified, all fees are in U.S. dollars.

4.2 Subscription Renewal

Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. The renewal cost will be the same as the initial subscription cost, unless we notify you of a price change in advance.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. If you cancel, you may continue to use the paid Services until the end of your current subscription period, but you will not receive a refund for any fees already paid.

4.4 Fee Changes

We may change our fees at any time. If we change fees for an existing subscription service, we will provide notice of the change and the opportunity to cancel at least 30 days before the change takes effect.

5. Content and License

5.1 User Content

Our Services may allow you to store or share content such as text, files, documents, graphics, images, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Services.

5.2 License Grant

By making User Content available through the Services, you grant to us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works based upon, display, and distribute your User Content in connection with operating and providing the Services.

5.3 Content Restrictions

You may not upload, post, or transmit any User Content that: (a) infringes any third party's intellectual property or other rights; (b) violates any law or regulation; (c) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) contains viruses, bots, worms, or similar harmful materials; or (e) jeopardizes the security of your account or the Services.

5.4 Content Removal

We reserve the right to remove any User Content for any reason, including if we believe it violates these Terms or our policies. We do not assume any obligation to monitor User Content, but we may do so at our discretion.

6. Prohibited Conduct

You agree not to do any of the following:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access;
  • Develop or use any applications that interact with the Services without our prior written consent;
  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms;
  • Engage in any automated use of the system, such as using scripts to send messages or upload content;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers to protect the Services.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

7.3 Restrictions

You may not:

  • Copy, modify, or create derivative works based on the Services;
  • Distribute, publicly display, publicly perform, or otherwise exploit the Services, except as expressly permitted by these Terms;
  • Use any data mining, robots, or similar data gathering or extraction methods;
  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
  • Use any meta tags or any other "hidden text" utilizing our name or trademarks.

8. Privacy Policy

Please refer to our Privacy Policy at https://www.cylinq.com/privacy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

9. Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

10.1 Termination by You

You may terminate your account at any time by following the instructions on the Services or by contacting us. If you terminate your account, you remain liable for all charges incurred before termination.

10.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10.3 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100 USD.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Dispute Resolution

14.1 Governing Law

These Terms and any action related thereto will be governed by the laws of the State of North Carolina, without regard to its conflict of laws provisions.

14.2 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this Section 14. The arbitration will be conducted in Asheville, North Carolina, unless you and we agree otherwise.

14.5 Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

15. Changes to these Terms

We may revise these Terms from time to time. If we make changes, we will provide notice of such changes by updating the date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification). Your continued use of the Services after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of these Terms.

16. Data Security and Breach Notification

We implement reasonable security measures to protect your personal information. In the event of a data breach affecting your personal information, we will notify you in accordance with applicable law and provide information about steps you can take to protect yourself.

17. Service Level Agreement

While we strive to maintain 99.9% uptime for our Services, we do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance. We are not liable for any damages resulting from service interruptions or downtime.

18. Data Export and Deletion

You may export your data from the Services at any time through the user interface or by contacting us. Upon account termination, we may retain your data for a commercially reasonable time for backup, archival, or audit purposes, but will delete or anonymize all personal information within 90 days of account deletion except as required by law.

19. General Provisions

19.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the Services.

19.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

19.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

19.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.

19.5 Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services or via email.

19.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

19.7 Contact Information

If you have any questions about these Terms, please contact us at https://www.cylinq.com/support.

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.