Terms of Service

Last updated on: May 7th, 2024

Important:

Please read these Platform Terms of Service (“Terms of Service”) carefully before using our Platform, as they constitute a binding legal contract between you and us.

These Terms of Service (together with the documents referred to in it) govern your use of our free-to-use version of our Platform.  If you wish to purchase a Premium or Enterprise licence to use our Platform, please reach out to us via the ‘Contact Sales’ button in the top right corner. If you have purchased a Premium or Enterprise licence then your use of our Platform is governed by a different agreement, which we will enter into separately with you.

These Terms of Service are entered into by and between: (1) Synthesized Limited, a company incorporated and registered in England and Wales with company number 10903020 whose registered office is at Montacute Yards, 185-186 Shoreditch High Street, London, E1 6HU (“Synthesized”, “we” “our”, “us”); and (2) the individual or legal entity, as applicable, identified as the user when registering to use our Platform (“you”, “your”).

By completing the registration process, creating an account, and/or otherwise accessing or using our Platform, you represent that: (1) you have read, understand, and agree to be bound by these Terms of Service; (2) you are of legal age to form a binding contract with Synthesized; and (3) you have the authority to enter into these Terms of Service personally or on behalf of the legal entity you have named as the user. If you do not agree to these Terms of Service, you must not use our Platform.

What’s in these Terms of Service?

These Terms of Service set out the terms and conditions that apply to your use of our Platform for the processing of datasets in order to create synthetic data. When we refer to our “Platform”, we refer to the free-to-use version of our proprietary cloud-based software-as-a-service platform hosted at https://www.synthesized.io (or any sub-domain, sub-directory, similar platform, website or mobile app operated by us and provided to you), including any information, content or materials that is accessible via our platform (other than any data that you provide to us – please see the ‘The licence you grant to us’ section below) and any related online help files, technical documentation and user manuals made available by us that describe our Platform and its use, operation, features and functionality.

You are responsible for ensuring that all persons who access our Platform, through your internet connection are aware of these Terms of Service, and that they comply with them.

We may make changes to these Terms of Service.

We may amend these Terms of Service from time to time. We will endeavour to notify you of any changes in advance via email (assuming you have provided us with your email address).

Your use of our Platform will always be subject to the latest version of these Terms of Service, which you can find at any time on this page. Every time you wish to use our Platform, please check these Terms of Service to ensure you understand the terms and conditions that apply to our Platform at that time.

Who we are and how to contact us?

Our Platform is operated and owned by Synthesized Limited.

  • We are a limited company registered in England and Wales under company number 10903020.
  • Our registered address and trading address is at Montacute Yards, 185-186 Shoreditch High Street, London, E1 6HU.
  • Our VAT number is 300 2970 48.

To contact us, you can email support@synthesized.io

Other applicable terms.

These Terms of Service refer to the following additional terms, which also apply to your use of our Platform:

  • Our Privacy Policy sets out the terms on which we process any personal data collected from you, or that you provide to us and also sets out any information about the cookies on our Platform.
  • If you are a business user, we will process any and all personal data comprised within the Input Datasets, as a ‘processor’ on your behalf in accordance with our Data Processing Addendum, which is hereby incorporated into and forms part of these Terms of Service. If you are a business user, by using our Platform, you warrant that you have all the rights to provide the personal data to us in accordance with all applicable laws.

Personal data and marketing.

You agree to limit the personal data comprised within Input Datasets to the minimum necessary to use our Platform under these Terms of Service.

We may from time to time send you marketing communications about our services. We will only do so in accordance with our Privacy Policy, and where either: (i) you have opted to receive such communications from us; or (ii) you have previously purchased similar services from us. You can of course decide to stop receiving such marketing communications at any time by following the steps outlined in our Privacy Policy.

Your account.

To use our Platform, you must create an account by completing the registration process on our website. All the registration information you submit when creating an account should be truthful and accurate. We will rely on that information to deliver our services to you and communicate with you. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

You can ask us to delete your account at any time, for any reason, in accordance with our Privacy Policy. Please contact us at support@synthesized.io if you wish to do so.

We reserve the right to terminate your account if doing so is necessary to protect the security of our Platform, to preserve your privacy, or if you are in breach of these Terms of Service.

You agree and undertake to keep your account log-in information (including, for example, your username and password) confidential, not to disclose your account log-in information to any other person, and not to permit any other person to log in to our Platform using your account log-in information.

You should notify us immediately if you suspect or become aware of any unauthorised use of your account or any other breach of its security.

We may make changes to our Platform.

We may discontinue the availability of all or parts of our Platform at any time without prior notice to you.

We may update and change our Platform from time to time, including (but not limited) to reflect changes to the features and functionalities of our Platform, the state of current technology or market practice, applicable law, our users’ needs or regulation and/or our business priorities. However, please note that we are under no obligation to update our Platform.

We may suspend or withdraw our Platform.

Our Platform is made available on an ‘as is’ and ‘as available’ basis. We do not guarantee that our Platform will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or restrict the availability of all or any part of our Platform without notice for business and operational reasons.

Our rights in the Platform.

We are the owner or the licensee of all rights (including all intellectual property rights) in:

  • our Platform (including all software and other technologies comprised therein, including our proprietary AI algorithms, models and model weights);
  • any new, improved or augmented AI algorithms, models, model weights or other results of calibrations of such algorithms or models created or generated under or in connection with your use of our Platform, including as a result of any training of the foregoing through use of the Input Datasets; and
  • any derivative, development, improvement, modification or augmentation of any of the foregoing that arises or is conceived, created, devised, generated, exemplified or reduced to practice by, or by a person on behalf of, Synthesized in connection with your use of our Platform, or independently of your use of our Platform.

Our Platform (including all software and other technologies comprised therein) is protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.

All trademarks, logos, trade dress, service names and service marks (“Marks”) displayed on our Platform are Synthesized’s property or the property of certain other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party as may own the relevant Marks. You must not remove, alter, obscure our Marks, copyright notice or any other proprietary notice from our Platform or any related documentation (or any part thereof).

The licence we grant to you.

Subject to your compliance with these Terms of Service, we grant to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use our Platform for the sole purpose of processing the Input Datasets in order to create Synthesized Data until termination of your right to use our Platform in accordance with these Terms of Service.

Any unauthorised use of our Platform will result in the automatic termination of the limited licence granted by us above. We reserve the right to terminate that limited licence without notice at any time following an unauthorised use by you of our Platform.

The licence you grant to us.

You, and not us, are entirely responsible for all the data, media, information or other content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) on or via the Platform (“Input Datasets”). You or the relevant licensor retain all of your ownership rights in the Input Datasets and any and all data generated as a result of the processing of your Input Datasets via our Platform (“Synthesized Data”).

You grant to us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to access, store, review, copy, modify and otherwise use the Input Datasets and the Synthesized Data for the purposes described in and anticipated by these Terms of Service including for us to provide you with the services provided by our Platform and for us to develop and improve our Platform and any of our related products and services (including to train, test and develop any relevant artificial intelligence models and/or to create, train, test and develop new, improved or augmented algorithms, models, model weights etc.).

You warrant (on an ongoing basis) that you have the necessary rights, power, consents and authority to transmit the Input Datasets to us under, and in the fashion described in these Terms of Service, and to grant us the licence outlined above. If at any point you become aware, or have a reasonable suspicion, that the warranty in this provision is or may untrue, you agree to:

  • take all necessary steps to remove such Input Datasets and any Synthesized Data from our Platform; and
  • notify us by email at support@synthesized.io

Your conduct.

You may not access without authority, interfere with, damage or disrupt:

  • any part of our Platform;
  • the server on which our Platform is stored;
  • any equipment, server, computer, database or networks connected to our Platform;
  • any software or other systems or equipment used in the provision of our Platform.

You also agree not to:

  • use our Platform (or any parts thereof) in any manner or for any purpose that is inconsistent with these Terms of Services or in breach of applicable laws;
  • circumvent, disable, or interfere with security-related features of our Platform or features that prevent or restrict use, access to, or copying our Platform, or that enforce limitations on use of our Platform;
  • modify, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose all or any portion of the Platform;
  • use manual methods or any software, devices, scripts, robots or any other means or processes (including so-called ‘spiders’, ‘bots, ‘crawlers’ etc) to scrape the Platform, or otherwise create or compile (in single or multiple downloads) a collection, compilation, database or directory from the Platform, and you must not bypass or seek to bypass any robot exclusion headers we may implement; or
  • engage in any conduct that restricts or inhibits anyone’s use of our Platform;
  • use our Platform in such a way which is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable or which violate or infringe the rights of any third party, including any privacy rights or intellectual property rights of any third party;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or access any code for our Platform (unless and to the limited extent that applicable law gives you the right to do so to obtain information necessary to render our Platform interoperable with other software, provided, however, that you must first request such information from us;
  • use our Platform (or any part thereof) to create, market or distribute any product, function or service that is competitive with our Platform;
  • act as a service bureau on behalf of, or otherwise provide processing or services support to, any third party;
  • introduce to our Platform viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or otherwise designed or intended to disrupt, disable, harm or otherwise impede in any manner the operation of our Platform or any device or system owned or controlled by us or any third party, or which otherwise may damage or destroy any data or file; or access, use or disclose our original source code, technique, algorithms and procedures of or contained in or relating to our Platform.

You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

Input Dataset standards.

Whenever you Make Available Input Datasets on or via our Platform, you must comply with the content standards set out in this section. The Input Datasets must not:

  • be obscene, offensive, hateful or inflammatory;
  • be threatening, harassing, harmful, abusive or incite violence;
  • include gambling data;
  • harass, upset or embarrass any person;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • breach any law or legal duty to any person;
  • promote or incite any party to commit, or assist any unlawful or criminal act;  
  • infringe any right (including any intellectual property right) of any person;
  • be fraudulent, or deceive or intend to deceive any person;
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • be defamatory of any person;
  • impersonate any person, or misrepresent your identity or affiliation with any person; or
  • violate or infringe the rights of any third party, including any privacy rights or Intellectual Property Rights of any third party.

You acknowledge that we have no obligation to pre-screen Input Datasets. However, we reserve the right (in our sole discretion) to pre-screen, refuse or remove any Input Dataset that do not meet the standards set out in this section. You hereby irrevocably consent to such monitoring by us and / or our third party service providers.

Feedback and reviews.

If, at any time, you send to us any feedback, reviews, creative ideas, suggestions, proposals, plans or other materials, whether through our Platform or website, via email, by postal mail or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content without any compensation to you.

No backup.

You are solely responsible for securing and backing up any Input Datasets and Synthesized Data. We have no responsibility for, nor any liability arising out of:

  • the deletion or accuracy of any Input Datasets or Synthesized Data; or
  • the failure to store, transmit or receive transmission of Input Datasets or Synthesized Data.

Do not rely on Synthesized Data.

We are not responsible for reviewing or attempting to verify the accuracy or currency of any Synthesized Data. You are solely responsible for your use of our Platform and for evaluating the fitness of any Synthesized Data as appropriate for your specific use case or any other purpose.

We do not warrant that any personal data within the Synthesized Data will be anonymised or pseudonymised.

The Synthesized Data and any “bias scores” assigned to Input Datasets in using our Platform:

  • are not intended to reflect objective facts;
  • do not remove all bias from Input Datasets;
  • must not be relied upon for any purpose, including for the purpose of compliance with anti-discrimination laws.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Synthesized Data. We have no responsibility for, nor any liability arising out of, any action you take or refrain from taking on the basis of the Synthesized Data, including in respect of compliance with anti-discrimination laws.

We are not responsible for viruses.

We do not guarantee that our Platform will be secure or free from bugs or viruses.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any content on them, or on any website linked to them.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software and take security precautions where possible.

Our responsibility for loss or damage suffered by you.

Nothing in these terms excludes or limits in any way our liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or any other liability that would be unlawful to exclude or limit.

We will not be liable for:

  • loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, loss or corruption of data or information (in each case, whether direct or indirect) or any indirect or consequential loss or damage; or
  • any loss, damage or liability (in each case whether direct or indirect) arising as a result of your or any third party’s use or reliance upon the Input Datasets or Synthesized Data.

In the event of any dispute between you and us relating to these Terms of Service or your use of our Platform, our total liability to you will be limited to the amount of fifty Pound Sterling (£50).

We provide our Platform to you ‘as is’ and ‘as available’. Synthesized expressly disclaims any and all conditions, warranties, representations, undertakings, or other terms with respect to our Platform and the Synthesized Data (and any services, their use and the results of such use), including any implied conditions, warranties, undertakings or other terms relating to satisfactory quality, reasonable skill and care, fitness for any particular purpose, non infringement, ability to achieve a particular result or arising from course of dealing or usage of trade. In particular, we do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free and e do not warrant, represent, endorse, support or guarantee the completeness, truthfulness, accuracy, reliability, performance, appropriateness, fitness for purpose or any other attributes of any Synthesized Data.

We are not responsible for websites we link to.

Where our Platform contains links to other websites and / or third party content, these links are provided for your information only.

Such links should not be interpreted as approval by us of those linked websites or any content you may obtain from them.

We have no control over the contents of those websites nor that content.

Rules about linking to our Platform.

  • You may link to the home page of our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our Platform in any website that is not owned by you.
  • Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
  • We reserve the right to withdraw linking permission without notice.

Breach of these Terms of Service.

When we consider that a breach of these Terms of Service has occurred, we may take such action as we deem appropriate including, immediate, temporary or permanent withdrawal of your right to use our Platform and/or immediate, temporary or permanent removal of any Input Datasets, and/or Synthesized Data from our Platform and/or taking legal action against you.

Confidentiality.

You may be given access to our confidential information in connection with your use of our Platform. Where this happens, you shall hold our confidential information in confidence and, for so long as it remains confidential (other than as a result of your breach of these Terms) not make our confidential information available to any third party, or use our confidential information for any purpose other than the use of the Services. This section does not apply to disclosure of confidential information to the extent the disclosure is required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

Other terms.

Our rights & obligations. We may transfer our rights and obligations under these Terms of Service to another organisation. We aim to inform you in writing if this happens.

Nobody else has any rights under these Terms of Service. These Terms of Service are between you and us, and no other person will have any rights to enforce any of the relevant terms.

Complaints. Should you have any complaints about our Platform and/or our services, please contact us providing clear details of the complaint (including, where relevant, an order reference). We will use reasonable efforts to respond to your complaint as soon as possible.

Even if we delay enforcing our rights under these Terms of Service, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay taking steps against you in respect of your breaching these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

If a court finds part of these Terms of Service illegal, the rest will continue in force. Each of the sections of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

Synthesized may transfer its rights under these Terms of Service to someone else. We may transfer our rights and obligations under these Terms of Service to another organisation – for example, this could include another member of Synthesized’ group of companies. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms of Service.

Personal agreement. The agreement formed under these Terms of Service is personal to you, and you cannot transfer any of your rights under them to any other person without our prior express written consent.

Email counts as ‘in writing’. When we use the words “writing” or “written” in these Terms of Service, this includes emails. For contractual purposes, you: (i) consent to receiving communications from us by email; and (ii) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.

Governing Law. These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

Jurisdiction. We each irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service and all matters arising from it (including any dispute relating to the existence, validity or termination of these Terms of Service or any contractual or non-contractual obligation).  If you are a consumer based in the UK or the European Union, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.