Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Synklink LLC ("Synklink," "we," "us") governing your access to and use of synklink.co and our data curation, annotation, synthetic data, and AI services (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old and able to form a binding contract. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Paid Services are provided under a separate written proposal, order form, or statement of work ("SOW") that references these Terms. In case of conflict, the SOW controls for the scope it covers.

• You retain all rights to data, materials, and content you provide ("Customer Data").
• You grant Synklink a non-exclusive, worldwide, royalty-free license to host, process, and use Customer Data solely to deliver and support the Services.
• You represent that you have all rights, consents, and lawful bases required for us to process the Customer Data as contemplated.
• Unless an SOW says otherwise, deliverables become your property upon full payment, excluding Synklink's pre-existing IP, tools, and generic methodologies.

You may not use the Services to violate law, infringe rights, transmit malware, attempt to gain unauthorized access, or process data in a manner prohibited by our Acceptable Use Policy.

• Fees are stated in the applicable SOW or invoice and are payable in U.S. dollars.
• Invoices are due within the period stated on the invoice (default Net 30) unless otherwise agreed.
• Past-due amounts accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
• Fees are exclusive of taxes; you are responsible for any applicable sales, use, VAT, or similar taxes (other than taxes on Synklink's net income).

Each party will protect the other's non-public information with at least the same care it uses for its own confidential information (and not less than reasonable care), use it only to perform under these Terms, and disclose it only to personnel and contractors bound by confidentiality obligations.

Synklink will perform the Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND SYNKLINK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Synklink does not warrant that AI outputs derived from any deliverable will be accurate, complete, or fit for a particular use; you are responsible for evaluating and validating outputs before relying on them.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO SYNKLINK UNDER THE APPLICABLE SOW IN THE 12 MONTHS PRECEDING THE CLAIM. These limits do not apply to payment obligations, breaches of confidentiality, indemnification obligations, or a party's willful misconduct.

You will defend and indemnify Synklink against third-party claims arising from your Customer Data or your use of the Services in breach of these Terms. Synklink will defend you against third-party claims that the Services as provided infringe a U.S. intellectual property right, subject to standard exclusions and remedies.

These Terms apply while you use the Services. Either party may terminate an SOW for material breach not cured within 30 days of written notice. Upon termination, you will pay for Services rendered through the effective date. Sections that by their nature should survive will survive termination.

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws rules. The state and federal courts located in Boulder County, Colorado have exclusive jurisdiction over any dispute, and the parties consent to personal jurisdiction there.

We may update these Terms from time to time. Updated Terms apply to use of the Services after the new effective date. Existing SOWs remain governed by the Terms in effect when they were signed unless the parties agree otherwise.

Synklink LLC · 4845 Pearl East Cir Ste 118 #210028, Boulder, CO 80301, USA · legal@synklink.co