Thanks for using BookSync! Our technology (the “Platform”) allows you to connect your betting accounts (the “Accounts”) to software applications (the “Apps”) that can help you do things like track, record, analyze, and share your betting activity. These Apps are built and provided by our business customers (we’ll call them “developers” here) and powered by BookSync. By delivering access to high-quality, usable betting data that we’ve translated and standardized, we enable developers to build the next generation of betting products and services.

This End User Services Agreement (US) (“Agreement”) is an agreement between you and BookSync LLC (“BookSync”, “we” or “us”). By using our services, you agree to this Agreement and certify that you have all necessary rights to do so.

This Agreement applies only to end users of the BookSync and not to developers of third party apps that may use Booksync. Those services are covered by our Developer Terms of Use and other terms.

Use and Responsibilities.

You represent and warrant that you have all necessary rights to use your Accounts and Apps with the Platform, and you agree to comply with all laws and regulations applicable to your use, as well as any rules and guidelines that we post. You are authorized to use BookSync only to manage connections between your Apps and Accounts. You must not (1) use or access anyone else’s Accounts or related data, (2) submit information about anyone else’s identity or Accounts or that violates any third-party rights or (3) use the Platform for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Platform or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Platform, (c) rent, lease, provide access to or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of the Platform or remove any of BookSync’s proprietary notices, (e) access the Platform for competitive purposes or publish any benchmark or performance information about the Platform, or (f) use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other users.

How BookSync Uses Your Data.

Please review our End User Privacy Policy to learn how BookSync uses data related to your Accounts (e.g., your Account login information and balance information). If you have questions, contact us at contact@booksync.com.

Rights to the Platform.

Note that BookSync owns all right, title, trademark, and interest (including intellectual property rights) in and to the Platform and our related websites and technology. Neither the Platform nor any portion of the Platform may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Booksync, unless it is in the public domain. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of BookSync or our third-party service providers, and any unauthorized use terminates the permission to use the Platform granted by BookSync. If you provide any feedback, suggestions or other inputs about the Platform, we may use them without restriction.

Our Disclaimers.

TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. BOOKSYNC, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BOOKSYNC DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT BOOKSYNC WILL MAINTAIN ANY DATA WITHOUT LOSS.

Liabilities for our Platform.

TO THE EXTENT PERMITTED BY LAW, BOOKSYNC, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).

Dispute Resolution.

We hope you will have a positive experience using our Platform, but should a dispute between us arise out of or relating to these Terms, we agree to resolve the dispute by following these steps:

1. Send us a notice, according to the “How to Contact Us” section below, describing the dispute and including all relevant facts so we know how to help you. If we’re not able to resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.

2. Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you with a counter-proposal. After Step 4, it’s up to you to decide whether you’d like to continue to negotiate with us to resolve your dispute, or whether you’d like to pursue a resolution through some other means.

3. Throughout this process, both you and BookSync agree to negotiate in good faith and according to the terms of this section to resolve the dispute before resorting to litigation or some other form of dispute resolution procedure.

4. All negotiations (including your notice, our discussions, and your and our proposals) pursuant to this section are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.

Termination.

BookSync may terminate or suspend this Agreement (or your use of the Platform), at its discretion, with or without notice and for any or no reason, including if BookSync suspects that you have violated this Agreement. BookSync will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies BookSync may have. Except for your right to use the Platform, this Agreement will survive any termination.

Jurisdiction & Severability

BookSync operates the Platform from its offices within the United States. The Platform are designed for users within the United States, and BookSync makes no representations that content and materials on the Platform are legal or appropriate for use from outside the United States. If you choose to access the Platform from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

About This Agreement.

This Agreement may not be transferred or assigned by you without BookSync’s prior written consent. BookSync may assign or transfer this Agreement to its affiliates or in connection with a merger, sale, reorganization or other change of control. In addition, BookSync’s affiliates, contractors and service providers may exercise BookSync’s rights or fulfill its obligations under this Agreement. Waivers must be in writing and no waivers will be implied. This Agreement is governed by the laws of State of New York, without regard to its conflict of laws provisions. Any action brought against BookSync to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of the State of New York. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. This Agreement is the final, complete and exclusive agreement between you and us relating the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In this Agreement, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

BookSync may modify this Agreement from time to time. Unless we specify otherwise, modifications take effect when we post the modified version. BookSync will use reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version. If you do not agree to the modifications, your sole remedy is to cease using the Platform.

How to Contact Us.

All notices, requests and other communications to BookSync under this Agreement must be in writing to BookSync LLC., Attention: Legal, P.O. 188 Grand Street, Unit #381, New York, NY 10013 (with a courtesy copy to contact@booksync.com) and will be deemed given when delivered.