Terms and Conditions

These Terms and Conditions (the "Terms") govern your use of SYNOP•SYS, operated by SYNOP-SYS, based in Quebec ("we", "us"). By creating an account, accepting an invitation or using the Service, you agree to these Terms on behalf of yourself and the organization you represent.

Definitions

Service means the SYNOP•SYS web console, the SYNOP•SYS mobile app, their APIs and this website. Customer means the organization that holds the subscription. Workspace means the Customer's isolated environment in the Service. Customer Data means the information the Customer or its users put into, or collect through, the Workspace. Plan means the subscription plan the Customer selects.

Accounts and workspaces

You must give accurate information when you create an account and keep it up to date. You are responsible for keeping your sign-in credentials secure and for every action taken under your account. The Customer is responsible for the users it invites and for the permissions it grants them. Tell us promptly at support@synopsysapp.com if you suspect unauthorized use of an account.

Free trial

A Plan may include a free trial. At the end of the trial, the subscription continues on the selected Plan unless it is cancelled before the trial ends. We may change or end trial offers at any time for new subscriptions.

Subscription, fees and metered usage

The Customer pays the fees of its Plan, which may include a base subscription fee, a fee for each enabled phone system (PBX) and a fee for each gigabyte of storage used beyond the storage the Plan includes. Metered quantities are measured by the Service and billed through Stripe. Fees are exclusive of applicable taxes, which are added to invoices. Subscriptions renew automatically for successive periods of the same length until cancelled. We may change fees for future billing periods with at least 30 days' notice. If an invoice remains unpaid, we may suspend the Workspace after notice. When a subscription ends, by cancellation or because it remains unpaid, the Workspace is suspended; if the subscription is not renewed within 30 days, we close the Workspace.

Cancellation and refunds

The Customer may cancel at any time from the billing settings of its Workspace. Cancellation takes effect at the end of the current billing period, and fees already paid are not refunded except where the law requires otherwise.

Acceptable use

You must use the Service lawfully and only to manage phone systems that you own or that you are authorized to manage. You must not attempt to access another customer's Workspace, probe, attack or overload the Service, reverse engineer it except as the law allows, resell it without our written agreement, or use it to record or access communications in violation of applicable law. We may suspend access that we reasonably believe violates this section.

Customer data

The Customer owns its Customer Data. The Customer grants us a limited licence to host, copy, process and transmit Customer Data only as needed to provide, secure and support the Service. The Customer is responsible for having the rights and consents needed for the Customer Data it puts into the Service. The Customer can export its data at any time while the subscription is active. After termination, we delete Customer Data within a reasonable period, as described in our Privacy Policy. The Data Processing Annex at the end of these Terms governs how we process personal information contained in Customer Data.

Third-party products

The Service works with third-party products, including 3CX phone systems and the integrations the Customer chooses to enable. Those products are governed by their own terms, and we are not responsible for them. SYNOP•SYS is not affiliated with, endorsed by or sponsored by 3CX Ltd.

Availability and changes

We work to keep the Service available and secure, but it is provided as available, without a service-level commitment unless one is agreed in a separate written agreement. We may add, change or remove features. We will give reasonable notice before removing a feature that is material to the Customer's use of the Service.

Intellectual property

We and our licensors own the Service, including its software, design and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during the subscription. No other rights are granted.

Confidentiality

Each party will protect the other's confidential information with at least reasonable care and use it only for the purposes of these Terms, except for information that is public, already known to the recipient, independently developed, or required to be disclosed by law.

Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

Warranty disclaimer

To the extent permitted by the Civil Code of Québec and applicable consumer protection law, the Service is provided without any warranty other than those expressly stated in these Terms, and we disclaim implied warranties of fitness for a particular purpose.

Limitation of liability

To the extent permitted by law, our total liability arising out of or relating to the Service is limited to the fees the Customer paid in the 12 months before the event giving rise to the claim, and we are not liable for indirect damages, loss of profits or loss of data. Nothing in these Terms limits liability that cannot be limited by law, including liability for bodily or moral injury caused to another or for intentional or gross fault.

Indemnity

The Customer will defend and indemnify us against third-party claims arising from Customer Data or from the Customer's use of the Service in violation of these Terms or of the law.

Suspension and termination

Either party may terminate the subscription as provided in these Terms. We may suspend or terminate access immediately in case of a serious breach, a security threat, or where the law requires it. Sections that by their nature should survive termination, including those on fees owed, Customer Data, confidentiality and liability, survive it.

Changes to these terms

We may update these Terms. We will notify the Customer of material changes by email or in the Service at least 30 days before they take effect. Continuing to use the Service after that date means accepting the updated Terms.

Governing law and jurisdiction

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there. The courts of the judicial district of Montréal have exclusive jurisdiction, except where the law gives a consumer the right to bring proceedings elsewhere.

Language

These Terms are available in English and in French, and both versions are equally binding. The parties have expressly required that these Terms and all related documents be drawn up in English. Les parties ont expressément exigé que ces conditions et tous les documents qui s'y rattachent soient rédigés en anglais. A French version is available at any time on this website.

Contact

SYNOP-SYS support@synopsysapp.com

Data Processing Annex

This annex forms part of these Terms. It applies whenever we process personal information contained in Customer Data on the Customer's behalf, and for as long as we hold that information.

Scope and roles

Customer Data may contain personal information, such as the names and contact details of the Customer's users and end users, phone numbers, call histories, call recordings and voicemail retrieved from the Customer's phone systems. For that information, the Customer decides why and how it is processed and remains responsible for it. We act as the Customer's service provider (a processor, where that term applies) and process it only on the Customer's behalf. The information we need to run the Customer's account and to bill for the Service is our responsibility, as described in our Privacy Policy, and this annex does not apply to it.

Processing on the Customer's instructions

We process personal information contained in Customer Data only to provide, secure and support the Service, on the Customer's documented instructions. Those instructions are these Terms, the Customer's configuration of the Service, and the actions its authorized users take in the Service. We do not use that information for any other purpose, and we do not sell it. We will tell the Customer if, in our opinion, an instruction breaks the law. If the law requires us to process the information otherwise, we will tell the Customer first, unless the law forbids it.

Confidentiality of personnel

Only personnel who need access to personal information contained in Customer Data to provide, secure or support the Service may access it, and only to the extent necessary. Each of them is bound by an obligation of confidentiality that continues after their engagement ends.

Security measures

We protect personal information with technical and organizational measures suited to its sensitivity, including encryption in transit and at rest, a separate database and separate file storage for each Workspace, encryption of stored credentials and sign-in secrets, least-privilege access for our staff and systems, role-based permissions and multi-factor authentication in the Service, and logging of significant actions. Our activity logs are a security tool, not a complete record of every change. We review these measures as the Service and its risks evolve.

Sub-processors

The Customer authorizes us to use the following sub-processors to provide the Service:

We bind each sub-processor by written agreement to obligations that protect personal information at least as well as this annex, and we remain responsible to the Customer for our sub-processors. Our Privacy Policy describes where information is stored and processed. Products that the Customer connects to the Service with its own accounts, such as text messaging, directory, paging, chat or ticketing services, its own mail server or its own webhooks, as well as the Customer's phone systems, are not our sub-processors: the Customer instructs us to exchange information with them, and its own agreements with those providers govern that information.

Changes to sub-processors

We will notify the Customer by email or in the Service at least 30 days before we add or replace a sub-processor. Within that period, the Customer may object by writing to privacy@synopsysapp.com, on reasonable grounds related to the protection of personal information. We will work with the Customer in good faith to resolve the objection. If we cannot, the Customer may terminate the subscription before the change takes effect. When an urgent change is needed to protect the security or continuity of the Service, we may give shorter notice, and we will notify the Customer as soon as possible.

Assistance to the Customer

We help the Customer respond to requests from individuals who exercise their rights over personal information contained in Customer Data, in particular through the Service's export and deletion features. If we receive such a request directly, we refer the person to the Customer and help the Customer answer it, unless the law requires otherwise. We also give the Customer the information it reasonably needs to carry out privacy impact assessments, including the assessment required before personal information is communicated outside Quebec, and to answer questions from a supervisory authority.

Confidentiality incidents

We will notify the Customer without undue delay after we become aware of a confidentiality incident involving personal information contained in its Customer Data, or of any violation or attempted violation of the confidentiality obligations of this annex. Our notice will describe, as far as we know them at the time: the information concerned, the circumstances of the incident, when it occurred, the approximate number of persons concerned, the measures we have taken or intend to take to reduce the risk of injury, and who to contact. We will complete it as new facts come to light, and we will cooperate with the Customer so that it can assess the risk of serious injury and notify the Commission d'accès à l'information, any other authority and the persons concerned where the law requires it. Notifying the Customer is not an admission of fault.

Return and deletion

The Customer can export its Customer Data at any time while the subscription is active. When a Workspace is closed, by the Customer, or by us 30 days after its subscription ended without renewal, it can be recovered for 30 days. After those 30 days, we permanently delete the Workspace's database and file storage, and delete the Customer's profile at Stripe. Copies in backups and logs are deleted as they expire, on their regular cycle. We keep information for longer only where the law requires it, such as billing records needed for tax and accounting purposes, and we continue to protect it under this annex for as long as we keep it.

Audits and information

On written request, no more than once a year unless a confidentiality incident or a supervisory authority requires otherwise, we will give the Customer the information reasonably needed to demonstrate compliance with this annex, such as a description of our security measures, our current list of sub-processors and answers to a reasonable security questionnaire. The Customer's person in charge of the protection of personal information may verify our compliance with the confidentiality requirements of this annex, on reasonable notice, in a way that does not compromise the security of the Service or the information of other customers, and at the Customer's expense. Information we provide under this section is our confidential information.

Precedence

For the processing of personal information contained in Customer Data, this annex prevails over any conflicting provision of these Terms. A separate data processing agreement signed by both parties prevails over this annex.