Introduction

1.1 – Blacksync (“BNSC”) is a brand owned by Blacksync Inc. (Delaware, US). References to “our”, “us”, “we”, or “BSNC” within this policy are to Blacksync. These “Terms of Use” (this “ToU”) regulate the relationship between BSNC and the users of the website www.blacksync.com and its subdomains (the “Site”).

1.2 – We keep these ToU under regular review and may update it anytime. Please look at the “Last Update” section at the bottom of these ToU to see when it was last changed. Any changes in these ToU will become effective when we make the revised ToU available on or through the Site. We also encourage you to check these ToU regularly. We will notify you of any changes (including when they will take effect) if we are required to do so by data protection or e-privacy laws.

1.3 – If you have any questions about our Site and its use, don’t hesitate to contact our Compliance Team.

1.4 – The Site is owned and operated by BSNC. We advise you to read these ToU carefully before using the Site. By accessing and/or using the Site, you are deemed to accept and be bound by these ToU. Therefore, if you wish to avoid being bound by these ToU, you should not access or use the Site. The content published on the Site, notably the products and services to which it refers, does not constitute advice and is not an invitation to subscribe to any of our products or services; instead, it is designed to tell you more about us and the services which we offer. It is your responsibility to comply with applicable local laws, including ensuring that your access and/or use not only complies with the ToU but also with the laws of the jurisdiction from which your use or access is made.

Access to the site

2.1 – Whilst we try to ensure that access to the Site is always available, from time to time, we may decide to temporarily restrict or block access to, or use of, all or part of the Site without notice and reserve the right to do so, whether to service the Site or otherwise. We do not warrant that the Site, or any part of it, will be constantly available, and you acknowledge and accept this. Subject to clause 4, we accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Site or any part of it at any time.

2.2 – We reserve the right to withdraw and/or amend services or content on the Site without notice and accept no liability arising from us doing so, no matter how that may be caused.

2.3 – You may access most areas of the Site without registering your details with us and without us recording any of your personal information; however, certain areas of the Site may require you to register. Suppose you apply to seek access to these areas. In that case, you are indicating that you have read our Website Privacy Policy and are willing for us to deal with your data as set out in that policy and as may be further described on the relevant pages on the Site. We are not obliged to approve your application. We may revoke or limit your access to the Site or our approval at any time at our sole and absolute discretion and without incurring any liability. Suppose we grant you access to an otherwise restricted area of the Site. In that case, your login details are personal to you, and you must keep them confidential and not permit or enable another person to use them. All actions (including unauthorized activities, provided they are not through a fault of ours) conducted using your login details shall be deemed undertaken by you. You shall therefore be responsible for those actions.

2.4 – Whilst we endeavour to ensure that all the information included on the Site is correct, up to date, and complete, we are not obliged to identify to you any incorrect content, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Site or its content, including but not limited to financial information published by us on the Site (such as annual reports or forecast statements). We accept no liability, no matter how that may be caused, arising from any information which is not correct, up to date, complete, or which has been superseded.

Permitted Use and Access

3.1 – You are permitted to use and access the Site on a personal, non-commercial basis. You may not copy or make commercial use of the Site or any content, including, but not limited to, information, imagery, or data from or underlying the Site, without obtaining our express written permission.

3.2 – You may download and/or print material from the Site for personal, noncommercial use, provided that:

(a) you do not modify any downloaded or printed documents or any part thereof;
(b) you do not use any graphics from any downloaded or printed documents separately from the corresponding text;
(c) you do not remove copyright, trademark or other intellectual property notices on any downloaded or printed document or otherwise act in a way to cause or risk causing infringement, a weakening of, or damage to our brand, intellectual property or business;
(d) you do not make available or replicate any content, information, imagery or data from, or underlying, the Site and use it in such a way as to cause or risk causing confusion or an association between you or your activities (or a third party or their activities) and us and our activities, including but not limited to phishing;
(e) you do not use any content, information, imagery or data from, or underlying, the Site in such a way as to cause or risk causing harm or detriment to us or our business, brands or activities;
(f) you do not remove, distort or otherwise alter the size or appearance of any content;
(g) you do not expressly or impliedly state that we endorse or are related to or responsible for any products or services which are not our own;
(h) you do not misrepresent your association or dealings with us;
(i) you do not present, disseminate or make available any false or misleading information about us;
(j) you do not use the material or act in a manner to associate or risk associating us with any content which is or might be harmful, including, without limitation, materials which are offensive, threatening, obscene, abusive, discriminatory, defamatory, in breach of confidence, in breach of privacy, infringes any intellectual property rights or other rights of any third party or otherwise does not comply with all applicable laws and regulations; and
(k) you do not use the Site or any of its content, information, imagery or data from, or underlying, the Site in any manner which is associated with or to host, disseminate, or propagate malicious software or code, including but not limited to viruses, malicious script, spyware, trojan horses or worms.

3.3 – Subject always to the same restrictions set out in clause 3.2(a)-(k), you may create links to the Site, whether via social networks or otherwise, provided that you do not create a frame, browser or another border environment around the Site.

3.4 – You may not misuse the Site, or any information, imagery or data from or underlying it, for or in connection with any unlawful or criminal purpose, including but not limited to hacking, phishing, or other intrusions or attempted intrusions or illegal use of information or data.

3.5 – If you do not comply with your obligations set out in these ToU or otherwise act in a way that we consider, at our sole and absolute discretion, to be inconsistent with our continued provision of services to you, we may revoke the rights granted to you in clauses 3.1, 3.2 and 3.3. We reserve the right to take any further action we consider appropriate.

3.6 – You fully indemnify us for any loss or damage suffered by us which arises out of or in connection with a breach by you of clauses 3.1, 3.2, 3.3 or 3.4.

Intellectual Property Rights

4.1 – Unless otherwise specified, we are the owner or licensee of all intellectual property rights in and to the Site and its content, including but not limited to copyright and unregistered and registered trademark rights. All such rights, save as expressly granted, are reserved, and the benefit of any goodwill which arises through your use inures to us.

4.2 – The trademarks our group members or we own include but are not limited to BLACKSYNC, ISYWORK, SECURFONICA. If you are unsure whether any sign or logo is a trademark owned or licensed by a member of our group or us, don’t hesitate to contact us for clarification at our registered office address.

4.3 – Reproduction in any form of any part of the content, information, imagery or data from or underlying the Site, save for in strict compliance with clause 3, is prohibited without our prior written consent.

4.4 – Without limiting any rights you have in your personal data concerning any information or material you send to us using this Site, you hereby grant us a worldwide, royalty-free, perpetual license to the copyright and other intellectual property rights in such information or material for any purpose we consider appropriate including, without limitation, copying, sending, distributing or publishing the same, unless where restricted by law.

4.5 – You agree that we shall not be under any obligation of confidentiality to you regarding any such information or material submitted to us using this Site unless agreed otherwise in a separate agreement between us or as required by law.

General Exclusions of Liability

5.1 – You access and use the Site and its published information at your own risk.

5.2 – Nothing published on the Site is intended to constitute advice. It would be best if you relied on something other than any information posted on the Site. We disclaim any liability for any purported reliance on such data to the fullest extent permitted by law.

5.3 – We accept no liability, no matter how that may be caused, and whether directly or indirectly, for any loss or damage caused to you or another (including but not limited to loss of income, business, profits, opportunity, contracts, actual or anticipated savings, data, reputation or goodwill) arising from your use of the Site.

5.4 – We accept no liability for changes made to the Site or its content by unauthorized third parties.

5.5 – We hereby exclude any express or implied warranties that any material used or downloaded from the Site will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, trojan horses or worms. We accept no liability for any such loss or damage suffered by you or another due to your use of the Site.

5.6 – Whilst we maintain robust security mechanisms, we cannot guarantee communications security (whether by phone, internet or post). Accordingly, we accept no liability for breach of security of any communications sent by you to us using the Site or the information contained on it. Such communications are at your own risk.

5.7 – If we choose to delay enforcing any of our rights relating to these ToU or even not enforce all or any part of them in a given circumstance, we may do so at our discretion. Any such delay or non-enforcement on our behalf will not be deemed a waiver of those rights or any other provision and will not in any way prejudice or limit our rights under these ToU.

5.8 – Nothing in the exclusions contained in this clause 5 or elsewhere in these ToU shall be interpreted as trying to exclude or limit statutory liabilities which cannot be excluded by law, nor our tortious liability for death or personal injury resulting from our negligence, fraud, fundamental misrepresentation, or any other liability which cannot be excluded or limited by law.

Links

6.1 – The Site is designed to be accessed via its main home pages and other pages as we may determine. Suppose you access other pages on the Site directly, for example, via search engines or links provided by third parties. In that case, you may not see important information relevant to the page in question or other announcements or information which may be important to you.

6.2 – The Site contains links which will direct you to other websites or domains owned and operated by our group or us, for example, to websites which offer you services. When you use these links and access our other websites or domains, you will become subject to the terms, conditions and policies which apply to those websites or domains. Those terms, conditions and policies will be available for you to view on those websites or domains, and you are responsible for making sure that you are familiar with and willing to accept them. We accept no liability, no matter how that may be caused, for any failure on your part to view or comply with those terms, conditions, and policies.

6.3 – Occasionally, we may provide links to other websites or resources not owned or operated by us. We are not responsible for the accuracy or content of these websites or resources. Any links we provide do not mean that we relate to or endorse the related website, help or the information provided in them. Those websites or resources may have their terms, conditions and policies, and you must ensure that you comply with them. We accept no liability, no matter how that may be caused, for any failure on your part to view, comply or familiarize yourself with any such terms, conditions, and policies.

Sharing Content and Social Networks

7.1 – Certain pages on the Site allow you to share content via your profile on various social networks and other shared-content platforms. When you share content in this manner, you also become subject to the third parties’ terms, conditions, and policies. We recommend that you review and familiarize yourself with those terms and conditions. We disclaim any liability, no matter how that may be caused, associated with your use of those services or for your failure to view, comply or familiarize yourself with their terms, conditions, and policies.

Data Protection and Privacy

8.1 – By agreeing to be bound by these ToU, you are agreeing to be bound by our Website Privacy Policy.

Cookies

9.1 – Cookies are text files containing small amounts of information which your computer or mobile device downloads when you visit a website. We use cookies on the Website, although you have a choice as to whether to allow using some of these cookies. For further information on cookies, please see our Website Cookie Policy.

Telephone Calls

10.1 – We may record calls made to us using any telephone numbers provided on the Site. We may also record telephone calls made by us in response to any ring-back request you make via the Site.

Internet Communications

11.1 – We reserve the right to monitor all internet communications, including web and email traffic, into and out of our domains for security, ensuring compliance with these ToU, and detecting fraud and other crimes.

Changes to Terms and Conditions

12.1 – We may alter these ToU at any time and without notice to you. You acknowledge that each time you access and/or use the Site, there may be changes to these ToU and that you must familiarize yourself with them. If you disagree with the version of the ToU which exists at the time of your access to or use of the Site, you are not permitted to access or use the Site, and any pre-existing permitted use or access is revoked.

Validity

13.1 – If any of these ToU is declared to be unlawful, invalid, void or for any reason unenforceable, this will not affect the validity and enforceability of the remaining provisions of these ToU and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.

Jurisdiction and Governing Law

14.1 – These ToU and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed under the Law of the State of Delaware and the Federal Law of USA. Any dispute relating to or arising out of these ToU and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the State of Delaware law, excluding its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 – The State of Delaware courts shall have exclusive jurisdiction. BSNC can also take legal action against the Customer at the latter’s domicile.

Reference

Blacksync Inc.
14 Wall Street, 20th Floor
Manhattan, New York
NY 10005, United States
Registration no. DE-3221551
Last Update: February 28, 2025