Terms of Service

SD Sync Terms of Service

These Terms of Service (˝Terms˝) are between you (˝you˝ or ˝your˝), as an authorized user of the Service (as defined below), and Patrick. (˝SD Sync UK˝), , (each, ˝SD Sync˝ or ˝we˝ or ˝us˝), as specified below.

Your Service is provided to you, and you are legally a customer of (i) SD Sync US if you reside in the United States, and (ii) SD Sync UK if you reside outside of the United States.

SD Sync provides the SD Sync digital content synchronization service that allows you to synchronize your digital content (˝Files˝) across your PCs and devices and to store and access them through the Internet (˝Service˝). These Terms set forth the terms and conditions of your use of the Service. By setting up a SD Sync account, by using the Service, by using or downloading the SD Sync software (˝Software˝), or by clicking the ˝I accept˝ button, you agree to these Terms.

These Terms include the terms of this Terms of Service together with any operating rules, policies, price schedules or other supplemental documents expressly incorporated herein by reference and published from time to time by SD Sync.

For Canadian Customers: Please note that when you place an order to purchase on the SD Sync website, it constitutes an offer to purchase and remains subject to SD Sync”s acceptance. Goods or services listed or described on the SD Sync website constitute an invitation to make an offer to purchase.

If you begin, but fail to complete, the sign-up process for the Service, SD Sync may contact you in an effort to help you sign up for the Service or another service of SD Sync or its affiliates. You hereby authorize SD Sync and its affiliates to make such contact, even if you ultimately determine not to sign up for any SD Sync or affiliate service.

Account Setup

To use the Service, you need to set up a SD Sync account. You may establish either an individual free account (˝Free Account˝), an individual paid account (˝Paid Account˝), or a SD Sync for Business account (˝Group Account˝). If you are establishing an account through a SD Sync distribution partner, account options (such as the ability to participate in upgrades, downgrades, and conversions) and payment requirements made available to you may vary from those described in these Terms; however, these Terms govern your use of the Service and your relationship with us.

When you select an account, we prompt you for registration information, such as your name, email address, account password, and mailing address. For Paid Accounts and Group Accounts we or our billing processors collect your billing information either upon initial registration, when you upgrade to a Paid Account, or prior to the end of any available Free Trial (described below), depending upon the type of accounts made available to you. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated herein by reference. By setting up a SD Sync account, by using the Service, by using or downloading the Software, or by clicking the ˝I accept˝ button, you agree to the Privacy Policy.

File Sync, Storage and Confidentiality

After setting up your account and downloading our Software, you can select the Files you want to sync and/or store. You can change the Files you want to sync or store whenever you want. In order to make the Service available to you, we need your permission to sync and store your Files. Accordingly, you hereby grant to SD Sync a license: (i) to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store; and (ii) to copy, transmit, publish, and distribute to others the Files as you designate, whether through the sharing or public linking features of the Service, in each case solely to provide the Service to you.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your Files, as provided in our Privacy Policy.

Privacy Policy

We processes personal data in accordance with our Privacy Policy which is available at https://sdsync.org/privacy-policy/, which we may update from time to time. You are encouraged to regularly review our Privacy Policy.

European Data Processing (Business Customers Only)

If you are a Business Customer located in Europe and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “GDPR”), SD Sync UK Limited is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.

You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorized by SD Sync in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.

Customer may notify SD Sync UK of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.

As processor, SD Sync UK Limited shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:

  1. process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, SD Sync UK Limited becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), SD Sync UK Limited shall promptly:
    1. notify you of such inability, to the extent permitted by applicable law; and
    2. cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which SD Sync UK Limited is able to comply.
  2. ensure personal data are kept confidential; (i) take reasonable steps to ensure the reliability and trustworthiness of SD Sync UK Limited’s personnel and any subprocessors, and (ii) take reasonable steps to ensure that all relevant SD Sync UK Limited personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
  3. ensure that, in each instance in which SD Sync UK Limited engages a subprocessor, it shall notify you and: (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to SD Sync UK Limited under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise SD Sync UK Limited to engage sub-processors in relation to the Services.
  4. at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
  5. at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;
  6. delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in SD Sync UK Limited’s possession within 180 days after the termination or expiry of this Agreement, other than data in relation to which SD Sync UK Limited is a controller (which will be processed in accordance with our Privacy Policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;
  7. at your request and sole expense: (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that SD Sync UK Limited is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to SD Sync UK Limited and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit SD Sync UK Limited more than once annually; and
  8. notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
  9. apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.

By clicking “I agree” to accept SD Sync Terms of Service, you are also agreeing to the Data Processing Agreement and EU Standard Contractual Clauses with SD Sync, Inc. for the transfer and processing of Personal Data by it in relation to the Services set out here: www2.sugarsync.com/data-processing.

Free Accounts

Free Accounts don”t have all the features of Paid Accounts and are subject to limitations described in these Terms and as implemented by SD Sync from time to time. For example, you may have only one Free Account at a time. A free account holder may upgrade to a Paid Account by following the SD Sync upgrade procedures.

Free Trials

Paid Accounts and Group Accounts may have a free trial period, if offered by SD Sync, during which time the account can be used without charge (a ˝Free Trial˝). SD Sync reserves the right to limit the eligibility and storage capacity for Free Trials, and, for Group Accounts, the number of Group Members. For example, if you have previously used the Service on a trial basis or have previously paid for a SD Sync account, then you are not be eligible for a Free Trial unless we determine otherwise. If you are eligible for a Free Trial, you will be charged for your selected account at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. If you are not eligible for a Free Trial, you will be charged for your account upon registration. IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED AFTER THE FREE TRIAL. IF YOU HAVE NOT PROVIDED ANY CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF THE FREE TRIAL OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE TRIAL PERIOD.

Subscription Period and Subscription Fees

Subscription Period. The subscription period for Paid Accounts and Group Accounts can be month-to-month, yearly, or another duration described in the account features for your account (˝Subscription Period˝). For Free Accounts, the Subscription Period is ninety (90) days unless earlier terminated as provided in these Terms. If your Free Account is established in conjunction with a shared folder invitation (a ˝Shared Folder Plan˝), the Subscription Period is ninety (90) days and if you access the Shared Folder Plan during the then-current Subscription Period, the Subscription Period is automatically renewed for an additional ninety (90) days.

Subscription Fees
. Group Accounts and Paid Accounts are subject to fees based upon the account type you”ve selected (˝Subscription Fees˝). You agree to pay all applicable Subscription Fees. If you set up a Paid Account or Group Account but don”t cancel it by the end of the Free Trial, SD Sync will charge your credit card the current fee for the type of account you”ve chosen, plus applicable taxes. For renewals, SD Sync will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. SD Sync reserves the right to charge value-added taxes, sales, or other taxes on the Service as it deems appropriate, and reserves the right to change prices or institute new charges for access to or use of the Service at any time upon not less than thirty (30) days notice to you, either by (i) posting pricing plan changes on the SD Sync website, or (ii) sending information regarding the pricing plan changes to the email address you provided SD Sync. You are responsible for regularly reviewing such pricing information. Continued use of the Service or non-termination of your account after such thirty (30) day period constitutes your acceptance of the prices as modified. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that SD Sync shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT OR GROUP ACCOUNT YOU CONSENT TO ALLOW SUGARSYNC TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

Renewals and Cancellations

Accounts subject to Subscription Fees shall automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. Only the Admin can cancel a Group Account. You can cancel your account at any time by contacting customer service. Cancellation will be effective immediately upon completion of the cancellation process. Please note that after you cancel your account, you will not be able to use or access the Service and you will not be entitled to a refund of any fees that you”ve paid. For Group Accounts, after the Admin cancels the Group Account, Group Members will not be able to use or access the Service.

Upgrades and Downgrades

Account Upgrades. You can upgrade your Paid Account or Free Account at any time. You can upgrade from a Free Account to a Paid Account or from one type of Paid Account to another. When you upgrade from a Paid Account to another type of individual Paid Account, we will apply the unused portion of your old Subscription Fee to the cost of your upgraded account type and if there is any money left over, we will apply that to extend your initial Subscription Period based upon the daily charge for your upgraded account.

Downgrades. You can downgrade your Paid Account to a different Paid Account with a lower storage level or with a shorter Subscription Period. However, any downgrade will apply and you will be charged for the downgraded account type only after the end of the Subscription Period for your existing account.

IT IS YOUR RESPONSIBILITY TO DECREASE THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED TO MEET THE REQUIREMENTS OF YOUR NEW, DOWNGRADED ACCOUNT TYPE. IN ORDER TO DOWNGRADE YOUR ACCOUNT, YOU MUST DECREASE THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED TO AN AMOUNT EQUAL TO OR LOWER THAN THE LIMITS OF THE NEW ACCOUNT TYPE. DECREASING THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED MAY REQUIRE THAT YOU PERMANENTLY DELETE FILES IN ˝DELETED FILES˝ FOLDERS WHICH CAN BE DONE THROUGH THE SUGARSYNC FILE MANAGER. IF YOU DO NOT DECREASE THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED TO MEET THE REQUIREMENTS OF THE DOWNGRADED ACCOUNT PRIOR TO THE END OF THE SUBSCRIPTION PERIOD FOR YOUR EXISTING ACCOUNT (OR PRIOR TO THE END OF THE FREE TRIAL, IF APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL NOT BE CHANGED TO THE DOWNGRADED ACCOUNT TYPE AND YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR YOUR EXISTING ACCOUNT TYPE. For example, if you downgrade from a 250 gigabyte Paid Account to a 100 gigabyte Paid Account, you must limit the Files that you sync and/or store (and, if required, permanently delete files in your Deleted Files folder) to 100 gigabytes of data or less. If you do not, we”ll keep charging you for the 250 gigabyte Paid Account.

Special Features

SD Sync accounts may have optional features which you may enable or disable through the SD Sync web-based File management features. If you enable the email upload feature, you will be provided with a randomized email address to enable upload of Files to your SD Sync account by sending email with attachments to that email address. You can disable the email upload feature or create a new randomized email address through the SD Sync web-based File management features. While you can provide your email upload email address to third parties, or enable third parties to upload data and information to your account through the shared folders feature, all data and information uploaded to your SD Sync account using the email upload feature or shared folders constitutes your Files and, as such, are subject to these Terms. SD Sync reserves the right at any time to limit the total size of Files for each email and to disable, terminate or suspend the email upload and/or shared folders feature. For data and information you upload to another subscriber”s account using the email upload or shared folder features, you (i) hereby grant SD Sync and to such other subscriber a license to use, copy, transmit, distribute, store and cache such data and information; and (ii) represent and warrant to SD Sync that you have all necessary rights to grant such license and that SD Sync”s exercise of such license will not violate applicable law or infringe or violate the rights of any party. SD Sync may, but is not obligated to, conduct virus checks on such Files. SD Sync may block certain file types from being uploaded, including but not limited to Files with “.exe” file extensions which will not be uploaded. YOU ARE SOLELY RESPONSIBLE FOR ENABLING OR DISABLING THE EMAIL UPLOAD FEATURE AND SHARE FEATURE, FOR THE FILES STORED IN YOUR ACCOUNT THROUGH THOSE FEATURES, FOR DATA AND INFORMATION YOU UPLOAD USING THOSE FEATURES, AND FOR CHANGING YOUR EMAIL UPLOAD EMAIL ADDRESS. SUGARSYNC SHALL NOT HAVE ANY LIABILITY TO YOU ARISING FROM ANY FILES UPLOADED USING THE EMAIL UPLOAD OR SHARE FEATURES.

Special Terms for Group Accounts

If you have elected to set up or convert to a Group Account or if you have a Group Member Account (described below), then in addition to the other provisions of these Terms, this Section (˝Special Terms for Group Accounts˝) shall apply to your use of the Service.

Group Account Setup. Group Accounts are set up by a group administrator (the ˝Admin˝) who registers as the Admin, selects the type of Group Account, and pays for the Group Account after expiration of a Group Account Free Trial, if any, as described below. The Admin identifies members of the group by providing email addresses for each group member (˝Group Member˝). As an Admin, you are required to pay the fees for the use of your Group Account by all Group Members. Each Group Member can then set up his/or her account within that Group Account (each a ˝Group Member Account˝) through the account setup process for Group Members. Group Members may not participate in any SD Sync contests or promotions except as expressly authorized in the terms and conditions associated with such contests or promotions. The Admin is also a Group Member.

Group Account Management. Using the Group Account web management console, the Admin maintains exclusive control over the management of the Group Account, such as adding or removing Group Members, enabling or disabling Group Member Accounts, identifying the email address associated with each Group Member Account, and designating storage capacity for each Group Member. The Admin controls Group Account management and may have access to Group Member Files, but each Group Member controls how his or her Files are stored and/or synched across the Group Member”s devices. As a Group Member, you acknowledge and agree that, since the Admin maintains management control over Group Member Accounts, SD Sync is not responsible for, and will not have any liability to you for, any actions taken by the Admin with respect to your Group Member Account or Group Member Files. As an Admin, you acknowledge and agree that Group Members maintain control of how the Files are used with the Service and that SD Sync is not responsible for, and will not have any liability to you for, any actions taken by a Group Member with respect to the Group Account or Group Member Files.

Group Account Upgrades. The Admin can upgrade the Group Account at any time. The Admin can add storage or Group Member Accounts to a Group Account, but (i) any new Group Member Accounts will have the same Subscription Period as the existing Group Account; (ii) you will be charged a pro-rata portion of the applicable Subscription Fee, based on the time remaining in your Subscription Period; and (iii) the Admin has to assign new Group Member Accounts to new Group Members and allocate any additional storage. In addition, if you have a Group Account on annual Subscription Period and you want to upgrade to a monthly Subscription Period, any such upgrade request will take effect after the end of the annual Subscription Period for your existing account type, at which time you will be charged for the new account type.

Conversions to Group Accounts. If you are a Paid Account holder, you can convert your Paid Account to a Group Account. If you elect to convert a Paid Account to a Group Account, we will issue you a refund of a pro-rata portion of the Subscription Fee you have paid, and then charge you for the type of Group Account you have selected. If you convert a Paid Account to a Group Account, you cannot convert back to a Paid Account.

Group Account Downgrades. You can downgrade your Group Account to a Group Account with a lower storage level, with fewer Group Members, and/or with a shorter Subscription Period. However, any downgrade will apply and you will be charged for the downgraded account type only after the end of the Subscription Period for your existing account type.

IT IS THE ADMIN”S RESPONSIBILITY TO INSURE THAT THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED BY GROUP MEMBERS IS DECREASED AND/OR THE NUMBER OF GROUP MEMBERS ARE DECREASED TO MEET THE REQUIREMENTS OF THE NEW, DOWNGRADED ACCOUNT TYPE, WHETHER BY GETTING GROUP MEMBERS TO REDUCE THE AMOUNT OF DATA SYNCHRONIZED/STORED, DISABLING GROUP MEMBER ACCOUNTS AND PERMANENTLY DELETING FILES, OR BY REMOVING GROUP MEMBERS, AS APPLICABLE. IF THE NECESSARY STEPS ARE NOT DONE PRIOR TO THE END OF THE SUBSCRIPTION PERIOD FOR THE EXISTING ACCOUNT (OR PRIOR TO THE END OF THE FREE TRIAL, IF APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT THE GROUP ACCOUNT WILL NOT BE CHANGED TO THE DOWNGRADED ACCOUNT TYPE AND THE ADMIN WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE EXISTING ACCOUNT TYPE.

IF YOU ARE DOWNGRADING TO A LOWER NUMBER OF GROUP MEMBERS, THE ADMIN MUST REMOVE (NOT MERELY DISABLE) THE NUMBER OF GROUP MEMBERS NECESSARY TO MEET THE REQUIREMENTS OF THE DOWNGRADED GROUP ACCOUNT. IF THE ADMIN INSTITUTES AN UPGRADE FOR ADDITIONAL STORAGE OR FOR NEW GROUP MEMBER ACCOUNTS WHEN A CORRESPONDING DOWNGRADE IS PENDING, THE DOWNGRADE WILL BE AUTOMATICALLY CANCELED. FOR EXAMPLE, A STORAGE UPGRADE REQUEST CANCELS A PENDING STORAGE DOWNGRADE REQUEST.

DECREASING THE AMOUNT OF DATA TO BE SYNCHRONIZED/STORED MAY REQUIRE THAT INDIVIDUAL GROUP MEMBERS PERMANENTLY DELETE FILES IN ˝DELETED FILES˝ FOLDERS.

Termination of Group Member Accounts. If you are a Group Member, your Group Member Account can be terminated by the Admin at any time. If your Group Member Account is terminated, you cannot thereafter use the same email address of your Group Member Account to open another account.

Requirements to Use the Service

To use the Service, you will need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to SD Sync set forth in these Terms and you represent and warrant to SD Sync that you have such rights and that SD Sync”s exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from SD Sync, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. SD Sync may also send you promotional offers and news about SD Sync or its affiliates, but you can opt out from receiving those communications at any time unless you are resident outside of the European Economic Area and have a Free Account. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into these Terms. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.

Usage Restrictions

General Restrictions. Your account and any specific URL associated with your account are for your individual use only. You may not resell accounts or any account features. Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including, without limitation, those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (i) not to use the Service for any illegal purpose; (ii) not to interfere with or disrupt networks connected to the Service; (iii) to comply with all regulations, policies and procedures of networks connected to the Service; (iv) not to use the Service to infringe any third party”s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (v) not to attempt to gain unauthorized access to other computer systems; (vi) to not interfere with another customer”s use and enjoyment of the Service; and (vii) to keep your account information current, complete, and accurate. You agree that you will not use the Service to disseminate any advertising, promotional materials, spam, chain letters, junk mail, or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You acknowledge and agree that SD Sync reserves the right to establish limits on the number and size of messages transmitted through the Service and/or the size and number of Files that can be made available through a public link. You agree that you will not use the Software or Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material which are obscene (as determined in SD Sync”s sole discretion), harassing, abusive, threatening, racist, malicious, fraudulent or libelous, contain nudity, are unlawful, violate or infringe the rights of third parties, or expose SD Sync to any actual or potential civil or criminal liability. SD Sync reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including suspension or termination of your account. SD Sync reserves the right to take any action with respect to the Service that SD Sync deems necessary or appropriate in its sole discretion, if SD Sync believes you, your Files, or your actions may create liability for SD Sync, compromise or disrupt the Service for you or other customers, or cause SD Sync to lose (in whole or in part) the services of SD Sync”s suppliers.

Website Terms of Use. You agree to abide by the Website Terms of Use, the most current terms of which are incorporated herein by reference.

Service Limitations

SD Sync uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, SD Sync does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by SD Sync from time to time. SD Sync reserves the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.

License to Use the Service and Software

License. Subject to these Terms, SD Sync grants you a non-exclusive, non-transferable license when you set up a SD Sync account, to: (i) download and install the Software on devices within your possession and control, subject to limitations for Free Accounts and other device limitations as required by SD Sync from time to time; and (ii) use the Software to access and use the Service for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Software or Service, ownership of which is retained by SD Sync and its suppliers, as applicable. Software updates are governed by these Terms. The Software is licensed, not sold, to you for use only under these Terms, and SD Sync reserves all rights not expressly granted to you. Elements of the Software may not be used separate from the Software as a whole unless subject to a license granting separate use. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing.

Compliance with Laws. You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Service. You acknowledge and agree that the Software is controlled for export purposes and that your use of the Software may be subject to audit to ensure compliance with these Terms. You agree to: (i) strictly comply with all United States export laws and regulations, including, but not limited to the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR), the Office of Foreign Asset Control (OFAC) regulations as administered by the Department of Treasury, and all treaties, Executive Orders, laws, statutes, amendments, or supplement thereto,