TERM OF SERVI

LAST UPDATED: October 1, 2024

1. Introduction

1.1. Company Overview

This Agreement is entered into by and between you (“User,” “you,” or “your”) and LYNC Consulting, LLC DBA LYNC (“LYNC,” “we,” “us,” or “our”), a technology solutions provider specializing in CRM systems tailored for insurance agencies. Our principal place of business is located at 400 Travis Street, #930 BLDG, Shreveport, LA, 71101. You can contact us at 501-251-8009.

1.2. Agreement Overview

These Terms of Service (the “Terms”) govern your use of the LYNC CRM services, including all related tools, software, and content (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy and any additional terms applicable to specific features or services you may use.

IF YOU (THE PERSON ACCEPTING THESE TERMS) ARE ACCEPTING THESE TERMS ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS, AND (II) YOU AGREE TO THESE TERMS ON BEHALF OF YOUR EMPLOYER OR SUCH ENTITY. IF YOU ARE USING AN EMAIL ADDRESS ASSOCIATED WITH YOUR EMPLOYER OR ANOTHER ENTITY, WE WILL ASSUME THAT YOUR ACTIONS ARE ON BEHALF OF THAT PARTY, AND “YOU” OR “USER” IN THESE TERMS WILL REFER TO THAT EMPLOYER OR ENTITY.

1.3. Acceptance of Terms

YOU MUST AGREE TO THESE TERMS BEFORE YOU CAN USE THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Your use of the Services constitutes your acceptance of these Terms. You acknowledge that you have read, understood, and agree to be bound by all provisions outlined herein. 

LYNC RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS TO STAY INFORMED OF ANY CHANGES. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES SIGNIFIES YOUR ACCEPTANCE OF THE NEW TERMS.

1.4. Services Description

We operate the website https://lynccrm.com (the “Site”), as well as any related products and services that refer or link to these Terms (collectively, the “Services”).

PLEASE NOTE: CERTAIN SERVICES MAY BE MADE AVAILABLE ON A SUBSCRIPTION BASIS. IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, THEN YOUR SUBSCRIPTION AND THESE TERMS WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 8 BELOW.

1.5. Arbitration Provision

PLEASE NOTE: SECTION 18 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. 

SEE SECTION 10 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.

2. Subscription and Payment Terms

2.1. Subscription Activation

Upon completing the required form(s) for signing up and providing the necessary payment information, your subscription will be activated, and you will be charged the applicable subscription fee based on the plan you selected. The subscription grants you access to the Services on a month-to-month basis, with automatic renewal each month unless you cancel in accordance with Section 8.

2.2. Billing Cycle

Subscription fees will be billed monthly, in advance, on the same day each month, corresponding to the date you activated your subscription. If your payment method is declined or the payment cannot be processed, we will attempt to contact you to resolve the issue. If the issue remains unresolved, we may suspend or terminate your access to the Services.

2.3. Payment Information

You agree to provide accurate and complete payment information and to update your account promptly in case of any changes. You authorize LYNC to charge the payment method on file for all fees and charges incurred in connection with your subscription. LYNC reserves the right to change its fees and billing methods upon providing notice to you.

2.4. Refund Policy

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE TO THE EXTENT PERMITTED BY LAW. This includes fees paid for the current month, regardless of whether the subscription is canceled before the month’s end. You are responsible for reviewing the Subscription and Payment Terms before completing your subscription. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing cycle.

3. Service Access and Use

3.1. User Responsibilities

You are responsible for ensuring that all information provided during the registration process is accurate, complete, and up-to-date. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You must not misuse the Services or attempt to gain unauthorized access to any part of the Services, systems, or networks related to LYNC CRM.

3.2. Access and Availability

LYNC strives to ensure that the Services are available 24/7. However, we do not guarantee uninterrupted access and reserve the right to suspend or restrict access to the Services for maintenance, updates, or any other reason at our sole discretion. LYNC shall not be liable for any disruption or loss of access to the Services due to such actions.

3.3. Restrictions

You agree not to: (i) copy, modify, distribute, or reverse engineer any part of the Services; (ii) use the Services to build a competing product or service; (iii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (iv) attempt to gain unauthorized access to the Services or related systems; or (v) share your account credentials with any third party. LYNC reserves the right to terminate access if these restrictions are violated.

3.4. Customizations and Intellectual Property

Any custom workflows, email templates, text templates, or other customizations provided by LYNC are and remain our intellectual property. These customizations are licensed to you solely for use within your own agency, and you may not share, sell, or distribute them to any third party. Unauthorized use of LYNC’s intellectual property may result in immediate termination of your access to the Services and may lead to legal action.

3.5. Confidentiality

During your use of the Services, LYNC may disclose to you certain confidential information relating to our business, products, or services (“Confidential Information”). You agree to keep all Confidential Information strictly confidential and not disclose it to any third party, except to your employees or contractors who need to know such information to fulfill your obligations under these Terms. You will not use any Confidential Information for any purpose other than in the performance of your rights or obligations under these Terms.

You agree to use at least the same degree of care to avoid disclosure of Confidential Information as you use with respect to your own confidential information. This Section does not limit any prior confidentiality agreements between the parties. Confidential Information does not include information that: (a) is generally available to or known by the public, (b) was previously known by you without any obligation of confidentiality, (c) is independently developed by you outside the scope of these Terms, or (d) is lawfully disclosed to you by a third party without restriction on disclosure.

4. Third-Party Services

4.1. GoHighLevel Platform

LYNC CRM is built on the GoHighLevel platform, a third-party software provider. While we have customized and optimized the platform for insurance agencies, LYNC cannot guarantee the performance, functionality, or availability of the GoHighLevel platform. You acknowledge and agree that any issues arising from the underlying GoHighLevel technology are beyond our control and are not the responsibility of LYNC.

4.2. Thoughtly AI

Our conversational AI services are powered by Thoughtly, a third-party AI provider. LYNC has integrated Thoughtly’s capabilities into our CRM to enhance user experience. However, we do not guarantee the performance, accuracy, or availability of Thoughtly AI. Any disruptions, errors, or issues related to Thoughtly are not the responsibility of LYNC, and we cannot be held liable for any related impacts on your business.

4.3. AI Tools and Output

The Services may leverage third-party AI models and platforms (“Third-Party Models”) to generate content or suggestions (“Output”) in response to user prompts. LYNC makes no representations regarding the performance, accuracy, or reliability of these Third-Party Models or the Output they generate. You acknowledge that these Third-Party Models are not under the control of LYNC, and any use of the Output is at your own risk. Additionally, you agree to comply with the terms of use and privacy policies of the Third-Party Model providers.

4.4. Ownership of AI Output

As between LYNC and you, all user prompts and the corresponding AI-generated Output are considered “Customer Data” under these Terms. You retain ownership of the Customer Data, and we assign to you any rights, title, and interest we may have in the Output. You acknowledge that the prompts may be provided to Third-Party Models as part of your use of the Services.

4.5. Responsible Use of AI Output

You are responsible for reviewing any AI-generated Output before its use and for exercising your own business and legal judgment regarding its suitability. LYNC does not warrant or guarantee that the Output will be accurate, complete, or suitable for any specific purpose. You agree that LYNC shall not be liable for any claims arising from your use of the Output, and that you are solely responsible for ensuring that your use complies with all applicable laws and regulations.

4.6. Integration with Other Third-Party Services

LYNC CRM may offer integrations with other third-party services or applications (e.g., email platforms, analytics tools). These integrations are provided for your convenience, but LYNC does not endorse or assume any responsibility for these third-party services. Your use of these third-party services is governed by their respective terms and conditions, and any issues or disputes arising from these services must be addressed with the third-party provider directly.

4.7. Data Use and Ownership

While using LYNC CRM, you may interact with third-party services that process or store data. You retain ownership of your data; however, third-party services may use anonymized or aggregated data for analytics, service improvements, or research purposes. LYNC is not responsible for any data breaches, losses, or misuse of data occurring within these third-party services.

4.8. Service Limitations and Updates

Third-party services, including GoHighLevel and Thoughtly, may be subject to updates, modifications, or limitations imposed by their respective providers. Such changes may affect the functionality, performance, or availability of LYNC CRM. LYNC cannot be held liable for any interruptions, downgrades, or service changes resulting from third-party actions. We will, however, make reasonable efforts to notify you of any significant changes that may impact your use of the Services.

5. Compliance and Legal Responsibilities

5.1. Compliance with Laws and Regulations

You agree to comply with all applicable federal, state, and local laws, regulations, and rules governing your use of the Services, including but not limited to those related to telemarketing, automated calling, text messaging, emailing, and recording communications. This includes compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, the National Do Not Call Registry, state telemarketing laws, wiretap and recording laws, and any other relevant regulations. It is your sole responsibility to ensure that your use of the Services complies with all applicable legal requirements.

5.2. Responsibility for Communications

You are responsible for obtaining all necessary consents required under applicable laws before initiating communications using the Services, whether through automated calling, text messaging, or emailing. This includes obtaining prior express consent for communications that utilize AI-generated text-to-speech technology, prerecorded messages, or automated dialing systems, especially when contacting mobile phones, residential lines, or any other sensitive or regulated numbers (e.g., emergency services, healthcare facilities). You agree to provide accurate Caller ID information and include required disclosures in all communications as mandated by law.

5.3. Email and Text Messaging Compliance

When using LYNC CRM for email and text messaging campaigns, you agree to comply with all applicable regulations, including but not limited to the CAN-SPAM Act and TCPA. You must ensure that recipients have provided prior express consent to receive such communications. All email and text messages sent via the Services must include a clear and conspicuous opt-out mechanism, and you are responsible for honoring all opt-out requests promptly. You must also ensure that your communications do not violate any content restrictions or spam regulations imposed by law.

5.4. National Do Not Call Registry and Opt-Out Compliance

Before initiating any telemarketing, automated calling, or automated text messaging communications, you must ensure that the numbers dialed are not listed on the National Do Not Call Registry unless an applicable exemption applies. You are also responsible for maintaining and honoring any opt-out requests from recipients, ensuring that their preferences are respected in all future communications.

5.5. Records and Documentation

You agree to maintain accurate records and documentation to demonstrate compliance with all applicable laws and regulations. This includes records of consents obtained, the nature of the business relationship, and any exemptions that may apply. You must provide certified copies of such records to LYNC promptly upon request.

5.6. Limitation of Liability for Compliance

While LYNC strives to offer tools that support compliance with relevant laws, the ultimate responsibility for legal compliance rests with you. LYNC is not liable for any violations of laws, regulations, or third-party rights that result from your use of the Services, including but not limited to automated calling, text messaging, and emailing. You agree to indemnify and hold harmless LYNC from any claims, damages, or penalties arising from your failure to comply with applicable legal requirements.

5.7. Indemnity for Violations

You agree to indemnify, defend, and hold harmless LYNC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your violation of any laws, regulations, or third-party rights in connection with your use of the Services, including but not limited to automated calling, text messaging, and emailing.

6. Limitation of Liability and Disclaimers

6.1. Performance and Availability

LYNC provides the Services on an “as-is” and “as-available” basis. While we strive to ensure the Services function smoothly and without interruption, we do not guarantee the availability, performance, or reliability of the Services. LYNC makes no representations or warranties of any kind, express or implied, regarding the operation of the Services or the information, content, materials, or products included within the Services. You acknowledge that the use of the Services is at your own risk.

6.2. Third-Party Software Disclaimers

The Services may integrate with third-party software, including but not limited to the GoHighLevel platform and Thoughtly AI. LYNC does not warrant or assume any responsibility for the performance, accuracy, reliability, or availability of any third-party software. Any issues, errors, or disruptions caused by third-party software are not the responsibility of LYNC, and we shall not be liable for any damages arising from such third-party software.

6.3. General Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LYNC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LYNC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, OUTPUT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LYNC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6.4. Limitation on Indirect Damages

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6.5. Limitation on Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LYNC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS, SERVICES, OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO LYNC FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6.6. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. In such jurisdictions, the liability of LYNC is limited to the fullest extent permitted by law.

6.7. Specific Jurisdictional Waivers

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTION 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (Y) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

7. Indemnification

7.1. User Indemnity Obligations

You agree to indemnify, defend, and hold harmless LYNC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to:

Your violation of any laws, regulations, or third-party rights, including but not limited to telemarketing, automated calling, text messaging, emailing, data privacy, and intellectual property laws.

Your use of the Services in violation of these Terms, including any activities that lead to claims, disputes, or legal actions against LYNC.

Any content you submit, post, or transmit through the Services, including any claims that such content violates the rights of third parties or breaches any laws or regulations.

Your failure to obtain necessary consents from recipients before initiating communications through the Services, including but not limited to automated calls, text messages, or emails.

7.2. Scope of Indemnification

Your indemnification obligations under this section shall apply to any and all claims brought by third parties, including governmental entities, arising out of or related to your use of the Services. This includes any fines, penalties, or other sanctions imposed by regulatory authorities due to your non-compliance with applicable laws or regulations.

7.3. Indemnity Procedures

In the event of a claim subject to indemnification under these Terms, LYNC will promptly notify you of the claim and provide you with reasonable assistance, at your expense, in defending the claim. You may not settle or compromise any claim without LYNC’ prior written consent, which shall not be unreasonably withheld. LYNC reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.

7.4. Continuing Obligation

Your indemnification obligations under this section shall survive the termination or expiration of these Terms and your use of the Services.

8. Termination

8.1. Termination by User

You may terminate your subscription and use of the Services at any time by providing notice through the designated cancellation process within your account settings. Upon termination, your access to the Services will continue until the end of your current billing cycle, after which your account will be deactivated, and you will no longer be charged. All fees paid prior to termination are non-refundable.

8.2. Termination by LYNC

LYNC reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms, failure to pay subscription fees, or any action that may harm the interests of LYNC or its users. In the event of termination for cause, your access to the Services will be immediately revoked, and any prepaid fees will not be refunded.

8.3. Effects of Termination

Upon termination of your access to the Services, you will no longer have access to your account, including any data, files, or content associated with your account. LYNC reserves the right to delete or retain your data in accordance with its data retention policies. It is your responsibility to back up any data or content before terminating your account.

8.4. Surviving Provisions

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Modifications to Terms and Service

9.1. Changes to Terms

LYNC reserves the right to update or modify these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website or within the Services. It is your responsibility to review these Terms regularly. 

YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. 

If you do not agree to the modified Terms, you must discontinue your use of the Services.

9.2. Changes to Service

We are continually improving and updating the Services to enhance your experience. LYNC reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. This may include adding new features, updating existing functionality, or removing certain features altogether. We will not be liable for any modification, suspension, or discontinuation of the Services. If any changes materially affect your use of the Services, we will make reasonable efforts to notify you in advance.

10. Dispute Resolution

10.1. Agreement to Arbitrate

This Section 10 is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and LYNC, whether arising out of or relating to these Terms, the Services, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify. 

This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. By entering into these Terms, you and LYNC are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

10.2. Pre-Arbitration Dispute Resolution

We are committed to resolving disputes amicably and efficiently. Most concerns can be resolved quickly by contacting our customer support team at [email protected]. If such efforts prove unsuccessful, the party intending to seek arbitration must first send a written notice of the dispute (“Notice”) to the other party by certified mail. The Notice to LYNC should be sent to 400 Travis Street, #930 BLDG, Shreveport, LA, 71101. The Notice must describe the nature and basis of the claim or dispute and the specific relief sought. If you and LYNC do not resolve the claim within sixty (60) calendar days after the Notice is received, either party may commence an arbitration proceeding.

10.3. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND LYNC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. 

The arbitrator may not consolidate or join more than one person’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding unless both you and LYNC specifically agree otherwise. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

10.4. Waiver of Jury Trial

YOU AND LYNC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

You and LYNC are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.1 above. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

10.5. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules. For more information on the AAA and its rules, visit www.adr.org. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will issue a reasoned written decision, which may be enforced in any court of competent jurisdiction.

10.6. Costs of Arbitration

The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the value of the relief sought is $75,000 or less, at your request, LYNC may elect to pay all arbitration fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the arbitration fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the arbitration fees, LYNC may elect to pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, LYNC may elect to pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

10.7. Confidentiality

All aspects of the arbitration, including the ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

10.8. Severability

If any term or provision of this Arbitration Agreement is deemed invalid or unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect, except that if the provision prohibiting class and representative actions is deemed invalid, then this entire Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.

10.9. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, LYNC agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree to arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

11. Electronic Communications, Transactions, and Signatures

By accessing the Services, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—whether via email or through the Services—satisfy any legal requirement that such communications be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, ELECTRONIC ORDERS, AND OTHER RECORDS, AS WELL AS TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original (non-electronic) signature, or the delivery or retention of non-electronic records, or that require payments or the granting of credits by any means other than electronic means.

12. Publicity

You agree that we may identify you as a customer and advertise or publicize our provision of the Services to you, including on our website or in our promotional materials. You grant us a non-exclusive, worldwide, right and license to use your company name and logo in marketing, sales, financial, and public relations materials and other communications for purposes of identifying you as a customer. You further agree to allow us to use your name, logo and examples and visuals of how you are using the Services in the public domain, in corporate, promotional and marketing materials and content, and in the normal course of business.

13. Miscellaneous Provisions

13.1. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by LYNC, constitute the entire agreement between you and LYNC concerning the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and LYNC.

13.2. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law, while maintaining the original intent of the provision.

13.3. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without LYNC’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. LYNC may assign or transfer these Terms at its sole discretion, without restriction.

13.4. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. LYNC’ failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5. Force Majeure

LYNC shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, government orders, epidemics, pandemics, internet failures, and other events of force majeure.

13.6. Notices

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the parties at the addresses set forth in these Terms or as otherwise designated by either party in writing. Notices sent by email or certified mail are considered effective when sent.

13.7. Governing Language

These Terms are executed in the English language. If these Terms are translated into any other language, the English language version shall control in the event of any conflict or discrepancy between the English version and the translated version.

13.8. Headings

The headings in these Terms are for reference purposes only and do not affect the interpretation or meaning of the provisions.

14. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

LYNC, LLC400 TRAVIS STREET, #930 BLDG, SHREVEPORT, LA, 71101, United States

Email: [email protected]