1. Acceptance of Terms

By creating an account, accessing or using Synapse, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our general True Footage Terms of Use located at https://truefootage.tech/terms-of-use, which are incorporated herein by reference. In the event of any conflict between these Synapse Terms of Service and the general company Terms of Use, these Synapse Terms of Service shall prevail for matters specifically pertaining to Synapse.

2. Account Registration and Access

2.1. Individual Accounts Required: Access to Synapse requires an individual, registered account. Each user must have their own unique account. Group or shared accounts are strictly prohibited. 

2.2. Paid Accounts: All accounts for Synapse must be paid for. There are no exceptions to this requirement. Your access to Synapse is contingent upon timely payment of all applicable fees. 

2.3. Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.4. Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.5. Excessive Usage: While active subscribers may use the Service as needed, True Footage, Inc reserves the right to charge additional fees or suspend/terminate service for usage deemed excessive or beyond typical individual use, at its sole discretion.

3. Fees and Payments

3.1. Subscription Fees: Access to Synapse requires payment of subscription fees, which will be specified at the time of your subscription. All fees are non-refundable.

3.2. No Refunds: Synapse is a subscription service with no contracts. You can cancel your subscription at any time. All payments made for Synapse subscriptions and services are final and non-refundable, regardless of usage or cancellation. This policy applies to all circumstances, including but not limited to, account cancellation, service termination, or changes in your business needs.

3.3. Billing: You authorize us to charge your chosen payment method for all applicable fees on a recurring basis, as per your subscription plan.

3.4. Changes to Fees: We reserve the right to change our fees for Synapse at any time upon reasonable notice. Such changes will apply to new subscriptions and renewals.

4. Use of Synapse

4.1. Permitted Use: You may use Synapse solely for its intended purpose as a tool for appraisers, in accordance with these Terms and all applicable laws and regulations.

4.2. Prohibited Conduct: You agree not to:

• Use Synapse for any unlawful purpose or in any way that violates these Terms.
• Interfere with or disrupt the integrity or performance of Synapse or its related data.
• Attempt to gain unauthorized access to Synapse or its related systems or networks.
  Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Synapse.
• Use Synapse in any manner that could damage, disable, overburden, or impair our servers or networks.

4.3. Data Usage: Synapse may provide access to various data sources. You agree to use such data solely in connection with your use of Synapse and in compliance with all applicable laws and regulations. You acknowledge that True Footage, Inc does not guarantee the accuracy, completeness, or timeliness of any data provided from data sources. 

4.4. Application Improvement Data: You acknowledge that True Footage, Inc may store anonymized data, including adjustment choices made within your sessions, to improve its applications, such as through "Peer Data" features. This data will always be anonymous and will not be identified with a specific user. While you may have the option to opt-out of peer sharing within the application, opting out will diminish your experience by limiting your access to aggregated peer insights. When you opt-out, your relevant adjustment choices are immediately removed from peer sharing, and if you opt-in, they are immediately included.

4.5. User Responsibility: Synapse is designed as an adjustment support tool for real estate appraisers, providing mathematical calculations based on data you, the user provide, such as MLS data combined with public records data. You acknowledge that Synapse provides only the results of these calculations; the determination of actual adjustments remains your sole responsibility as the user. In accordance with USPAP Advisory Opinion 37, you are responsible for the accuracy of the output of any analytical tools you utilize, including Synapse, and must ensure the technology uses relevant data and produces mathematically correct and sufficiently reliable output for your assignments. True Footage, Inc and its data providers expressly disclaim any warranties regarding the accuracy and completeness of the data or information provided by Synapse, as the Service's output is significantly influenced by the settings and data inputs the user controls.

4.6. Service Availability and Support: True Footage, Inc reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time with or without notice. While we strive to provide continuous service, you acknowledge that dedicated help desk or technical support for Synapse is not guaranteed as part of the Service.

5. Intellectual Property

All intellectual property rights in Synapse, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by True Footage, Inc or its licensors. Your use of Synapse grants you a limited, non-exclusive, non-transferable license to use Synapse solely for your internal business purposes in accordance with these Terms.

6. Disclaimer of Warranties

SYNAPSE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUE FOOTAGE, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUE FOOTAGE, INC MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE FOOTAGE, INC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, SYNAPSE.

8. Indemnification

You agree to indemnify, defend, and hold harmless True Footage, Inc and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of Synapse, your violation of these Terms, or your violation of any rights of another.

9. Changes to These Terms

We reserve the right to update, modify, or replace 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 Synapse platform. Your continued use of Synapse after the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically for any updates.

10. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this service, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The place of arbitration will be Austin, TX. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. Miscellaneous

11.1. Entire Agreement: These Terms, together with the general company Terms of Use, constitute the entire agreement between you and True Footage, Inc. regarding Synapse.

11.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms, please contact us at: spark.support@truefootage.tech.