1. Introduction
These Terms of Service ("Terms") govern your access to and use of services provided by Synced Apps Technologies LTD (doing business as ITG) ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
2. Definitions
For purposes of these Terms, the following definitions apply:
2.1 Services - means all services provided by the Company to customers, as described in the service documentation.
2.2 Software - means the computer software programs provided or to be provided by Company as part of the Services, and licensed to you (including all Updates and Upgrades thereto), including software from any third parties.
2.3 Updates - means any Software release consisting of improvements to the Software already in your possession, which has the same generic features and functionalities (i.e., minor releases, patches, and/or fixes).
2.4 Upgrades - means any Software release consisting of new generic features and/or functionalities to those included in the Software already in your possession (i.e., major release).
2.5 Customer Data - means all non-public data provided by you to enable the provision of the Services.
3. Services and Support
3.1 Subject to these Terms, the Company will provide the Services in accordance with the Service Level Terms described in Section 9 below.
3.2 As part of the registration process, you shall identify an administrative username and password for your Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate according to applicable law.
3.3 Company will provide technical support services as described in Section 10 below.
4. Company Representations
4.1 Company has the knowledge, prior experience, qualified personnel, and necessary resources to perform its obligations under these Terms.
4.2 In performance of its obligations and provision of the Services, Company shall act with care, diligence, and in accordance with professional standards in the field.
4.3 During the term of these Terms, Company will be responsible for ensuring that any future updates to its Services shall continue to function with the integration features already developed.
4.4 Company warrants that it owns or has secured the rights to the Intellectual Property Rights in the Services and the Software and has the legal right to provide the license with respect to any third-party Intellectual Property in the Services.
5. License Grant and Restrictions
5.1 Subject to your payment of all fees, Company grants you a non-exclusive, non-transferable license to use the Services during the Term. This license is limited to your internal business operations and may not be sublicensed or transferred to any third party without Company's prior written consent.
5.2 You shall not: a) Reverse engineer, decompile, or attempt to discover the source code of the Services b) Modify or create derivative works of the Services c) Use the Services for any third party's benefit d) Remove or alter any proprietary notices e) Access the Services in violation of Company's policies or applicable laws.
5.3 Your Obligations: a) You shall use the Services in compliance with Company's policies and applicable laws b) You shall indemnify Company against all claims, damages, and expenses arising from: - Your breach of these Terms - Your misuse of the Services - Any third-party claims resulting from your use of the Services.
5.4 Company reserves the right to monitor your use of the Services and may suspend access if Company reasonably believes you have violated these Terms.
6. Term and Termination
6.1 These Terms will remain in effect until terminated as provided herein.
6.2 Either party may terminate these Terms upon thirty (30) days' notice if the other party materially breaches any of the terms or conditions and does not remedy the breach within the 30-day notice period.
6.3 You will pay in full for the Services up to and including the last day on which the Services are provided.
6.4 Upon any termination, if requested, the Company will make all Customer Data available to you for electronic retrieval or delete stored Customer Data according to your instructions.
6.5 All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
7. Confidentiality and Proprietary Rights
7.1 Each party understands that the other party may disclose business, technical, or financial information relating to the disclosing party's business ("Proprietary Information"). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data").
7.2 Each party agrees: a) To take reasonable precautions to protect such Proprietary Information b) Not to use (except in the performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.
7.3 The confidentiality obligations shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the receiving party can document: a) Is or becomes generally available to the public b) Was in its possession or known prior to receipt from the disclosing party c) Was rightfully disclosed without restriction by a third party d) Was independently developed without the use of any Proprietary Information e) Is required to be disclosed by law.
7.4 You shall own all right, title, and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to you as part of the Services.
7.5 Company shall own and retain all right, title, and interest in and to: a) The Services and Software, all improvements, enhancements, or modifications thereto b) Any software, applications, inventions, or other technology developed in connection with implementation services or support c) All intellectual property rights related to any of the foregoing.
7.6 The Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related technologies (including information concerning Customer Data and data derived therefrom).
8. Data Protection
8.1 All Customer Data which you share with the Company should not contain any information relating to an identified or identifiable individual ("Personal Data").
8.2 No Personal Data will be shared between the parties and the parties will comply with all applicable data protection laws.
8.3 Company warrants that it will not undertake any act with the intention or effect of reverse-engineering or extracting any Personal Data from Customer Data.
9. Service Level Terms
9.1 The Services shall be available 24/7 during the term, measured monthly, including scheduled maintenance. If you request maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.
9.2 Any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company's control will be excluded from any such calculation.
9.3 Downtime shall begin to accrue as soon as the outage occurs and continues until the availability of the Services is restored.
9.4 In order to receive downtime credit, you must use commercially reasonable efforts to notify the Company in writing (including email) within 24 hours from the time of downtime.
9.5 Company's blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under these Terms.
10. Support Terms
10.1 Company will provide Technical Support 24/7 to Customers via electronic mail during live events that are pre-announced with 48 hours' notice to Company ("Support Hours").
10.2 You may initiate a help desk ticket by emailing support@inthegame.io.
10.3 The Company will use commercially reasonable efforts to respond to all helpdesk tickets within one (1) business day.
11. Warranty and Disclaimer
11.1 Company shall make best efforts to maintain the Services in a manner which minimizes errors and interruptions and shall perform implementation services in a professional and workmanlike manner.
11.2 Services may be temporarily unavailable for emergency maintenance, either by Company or by third-party providers, or because of other causes beyond the Company's control, but the Company shall use best efforts to provide advance notice in writing or by e-mail of any scheduled Service disruption.
12. Limitation of Liability
12.1 Company as well as its officers, directors, shareholders, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other theory: a) For error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business or loss of profits b) For any indirect, exemplary, incidental, punitive, special or consequential damages c) For any matter beyond each party's reasonable control d) For any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to Company for the services under these Terms in the 12 months prior to the act that gave rise to the liability (the "Liability Cap").
12.2 The Liability Cap shall not apply to the extent that liability arises from: a) A breach by either party of any of its confidentiality and/or data protection obligations b) The infringement, violation, or misappropriation by a party of the other party's intellectual property rights c) In case liability cannot be excluded or limited except as provided herein.
13. Miscellaneous
13.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
13.2 These Terms are not assignable, transferable, or sublicensable by you except with Company's prior written consent, except that you may, upon written notice to Company, assign your rights and/or obligations to any controlled company (a company in which you hold 50% or more of any means of control) or to a successor in interest in any merger, sale, change in control, or other type of corporate transaction or reorganization.
13.3 Company may, upon written notice to you, assign these Terms to a successor in interest of Company in any merger, sale, change in control, or other type of corporate transaction or reorganization.
13.4 These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.
13.5 All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.
13.6 No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect.
13.7 In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
13.8 All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
13.9 These Terms shall be governed by the laws of the state of Israel, without regard to its conflict of laws provisions. All legal actions shall be adjudicated by the competent courts in the District of Tel Aviv.
13.10 The Company shall not advertise or publish any information related to these Terms without your prior written approval, which shall not be unreasonably withheld. The parties shall work together in good faith to issue mutually agreed upon press releases subject to your prior written approval.
Last Updated: May 13, 2025