These terms apply to customers in our Global service region (using www.raysync.io).
These Terms of Service (“Terms”) is a legal agreement between you (either an individual or a legal entity) and RAYWING PTE. LTD. (“us”, “we”, or “our” or “Raysync”), Raysync can provide you with file transfer services (“Services”) available through the Raysync.io website and file transfer web and desktop applications (including but not limited to “Raysync”). Raysync.io (the “Website”) owned and operated by RAYWING PTE. LTD.
1. Acceptance of Terms
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, YOU AFFIRM THAT YOU (i) ARE AT LEAST Person with full capacity for civil conduct OR OLDER AND (ii) HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" AS DEFINED HEREIN SHALL REFER TO SUCH ENTITY.. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT PROCEED ON THE ELECTRONIC ACCEPTANCE PROCESS AND DO NOT USE THE SERVICES OR APPLICATIONS.
Raysync reserves the right, exercised at its sole discretion, to modify, add or delete portions of these Terms from time to time, and You further agree to be bound by such modified Terms. The most current version of the Terms can be viewed at https://www.raysync.io/terms-of-service.IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT PROCEED ON THE ELECTRONIC ACCEPTANCE PROCESS AND DO NOT USE THE SERVICES OR APPLICATIONS.
2. Defintions
“Documentation” means any electronic or printed materials made available to accompany the Software and/or Services that provide instructions for installation, operation, maintenance, and use thereof, as may be updated from time to time by Raysync.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
“User License” means an individual or business with a valid seat license for the Raysync. Raysync Cloud, SMB, Pro, and Enterprise.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Services” means the services and related Software provided by Raysync or any Raysync Affiliate to You under these Terms including Raysync Pro, the Raysync Business Products. The Services are made available a simple and fast file transfer system allowing users to move data files via your private network and storage.
“Software” means certain software applications, in object code format only, that are required for You to use the Services and licensed to You subject to these Terms.
“Third Party Software” means third parties such as customers, consultants or vendors of Customer whom Customer authorizes to access or use the Product(s) pursuant to the Terms and the functionality available in the Product.
“You or Your” means you as a Licensed User or an employee or agent of a legal entity that is authorized to represent and legally bind such entity to these Terms.
3. Fees and Taxes
Fees.You agree to pay us all of the fees (collectively the “Fees”) required according to your use of the Services and the Services model which you selected, as set out in your Purchase Order. Unless otherwise specified, Fees are quoted in the United States Dollar (“USD”) currency.
Taxes. All prices and fees shown by Raysync are exclusive of taxes and regulatory fees. Where applicable, taxes and regulatory fees will be charged on the invoices electronically issued by Raysync in accordance with local laws and regulations. Raysync, at its sole discretion, will calculate the amount of taxes due. The taxes and regulatory fees charged can be changed without notice.
Payment . Your acceptance of these Terms constitutes Your agreement to make timely payment(s) due to Raysync including, where applicable, any and all state and local taxes, duties and fees. Raysync accepts PayPal payment for your online purchases through the https://www.raysync.io Once your purchase is completed online, you will subsequently receive an email of License from Raysync. Raysync may use a third-party vendor to process your payments and your personal information will be protected in accordance with Raysync’s Privacy Policy at https://www.raysync.io/privacy-policy . If you choose to use PayPal as the payment method for your online purchase, you will be redirected from Raysync’s website to PayPal’s payment site. Once you are on PayPal’s payment site, RAYWING PTE. LTD. is no longer responsible for protecting any personal, financial or any other form of information that you provide to PayPal. Your PayPal account and any activities/transactions occurred under PayPal’s payment site are governed by PayPal’s terms and conditions and the information provided to PayPal in relation hereto will be governed by PayPal’s Privacy Policy.
Refund. Refunds can be requested within 7 working days of purchase and before activation. Once the license delivery is completed, the sale is final. Please be aware that refunds are not available once the license has been activated.
To request a refund, contact us at support@raysync.io within the first 7 days after purchase and before activation. We will promptly process your request and provide necessary assistance.
Failure to Pay Fees When Due. If your account is overdue, in addition to any other rights and remedies, we reserve the right to restrict activity on your service, which means that your access to specific content or features of the Services will be disabled unless or until you pay the outstanding amounts owed for your use of the Services.
Changes in Fees. We have the right to change our prices or pricing model based on market conditions. Changes to pricing or pricing models will be implemented immediately as updated on the website or with notice to you and will be applied for all subsequent Services.
Promotional Offers. We may, at our sole discretion, make promotional offers available from time to time, which shall be subject to the terms of each such offer as published by us from time to time. Notwithstanding any such promotional offer terms, we reserve the right to make changes to the terms of such promotional offers or suspend such promotional offers at any time. A promotional offer cannot be sold, transferred or combined with any other offer, and is void if altered or reproduced. A promotional offer is not valid towards the renewal of an existing subscription or prior purchase. A promotional offer has no cash value. We reserve the right to terminate promotional offers at any time, notwithstanding any other terms to the contrary.
Fair Use. Use of the Services is subject to fair usage, and is subject to you using the Services subscribed for under an ordinary range of use and in a way that does not consume excessive or unreasonable capacity in respect of the Services that you are using. We may immediately suspend, restrict, alter or terminate all or part of any Services provided to you or take other necessary protective measures, if we determine that you are contravening this policy, as determined by us at our sole discretion.
4. END USER LICENSE AGREEMENT
These end user license terms grant You a right and license to use the Software under certain limits, restrictions, terms and conditions (“EULA”). You agree to be bound by this EULA before using the Software.
a. License Grant. You are granted a non-transferable, non-sublicensable, non-exclusive license to use the Software and Documentation, subject to Your full compliance with this Section 4.
b. Commercial Use. The Raysync Business Products, Raysync Pro Products, Raysync SMB Products are fully licensed for commercial use in a professional environment.
c. Software Restrictions. You shall not, directly or indirectly, nor shall You cause or permit any other person to: (i) in whole or in part, copy, reproduce, transfer, create derivative works from, translate, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying ideas or algorithms of Raysync; (ii) alter, modify or create derivative works based on the Software, or remove any portion thereof; (iii) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices placed or embedded by Raysync on or in any Software or Documentation; (iv) sell, resell, rent, lease, lend, distribute, assign, or otherwise transfer Your rights to use the Software or Documentation or use it for commercial time sharing, rental, service bureau use or any other form of use for the benefit of any person or entity other than You; (v) use the Software or any component thereof for any illegal purposes; or (vi) use the Software or Documentation, or any component thereof, to enable copyright protection-circumvention devices or to violate or circumvent in any manner any content copyright, content protection scheme, or content copy policies; (vii) publish or disclose to third parties any evaluation of the Services without Raysync’s prior written consent; (viii) use the Services for any other purpose than its intended purpose; (ix) interfere with or disrupt the integrity or performance of the Services; (x) introduce any Open Source Software into the Services; or (xi) attempt to gain unauthorized access to the Services or related systems or networks.
d. Service Restrictions. By using the Services, You agree not to and shall not allow any of Other Users of your Raysync Account to (i) use the Services in violation of any applicable laws or regulations, (ii) transmit any material that may violate or infringe the intellectual property, privacy or other rights of any third party, (iii) harvest or otherwise collect or store any information of a third party without his/her consent, (iv) use the Services in a way that may cause harm or disruption to Raysync network, Raysync Accounts or other Raysync services or (v) use the Services to send any spam, malware or any fraudulent, obscene or unlawful content.
If you violate relevant laws and regulations or infringe on the rights of a third party when using the Raysync service, including but not limited to property rights, intellectual property rights, privacy rights and other rights, you shall be solely responsible. If you cause losses to Raysync, Raysync has the right to hold you accountable.
e. Use Limitations*. You agree to comply with the following applicable terms while using the respective Services:
Raysync may, at its sole discretion, suspend any account in violation of this provision or require You to purchase additional licenses to correct any overage.
f. Third Party Software. Certain Third Party Software provided in or with the Software is subject to various other terms and conditions imposed by the licensors of such Third Party Software. Your use of the Third Party Software is subject to and governed by the respective Third Party Software licenses, which are relevant licenses for such Third Party Software You may view from within such Software. Any acquisition by you of such Third Party Software, including any exchange of data between You and any provider of Third Party Software, is solely between You and the applicable provider of the Third Party Software. Raysync does not warrant, support or assume any liability for any Third Party Software, regardless of whether or not such Third Party Software is designated by Raysync as “certified” or otherwise, except as specified in writing in an order form or Documentation.
The Services may contain features designed to interoperate with Third Party Software (e.g., Google, Facebook or Twitter applications). To use such features, You may be required to obtain access to such Third Party Software from their providers. If the provider of any Third Party Software ceases to make the Third Party Software available for interoperation with the corresponding Service features on reasonable terms, Raysync may cease providing such features without notice, and You acknowledge that You will not be entitled to any refund, credit, or other compensation resulting therefrom.
Raysync may use the services of one or more third parties to deliver any part of the Services. You agree to comply with any acceptable use policies and other terms of any Third Party Software provider that are provided or otherwise made available to You through such Third Party Software from time to time.
g. Reservation of Rights. Except as expressly granted in these Terms, there are no other licenses granted to You, express, implied or by way of estoppel. All rights not granted in these Terms are reserved by Raysync.
5.INTELLECTUAL PROPERTY PROTECTION
Raysync or its licensors retain ownership of all Intellectual Property Rights in or associated with the Services that are protected by Singapore and international copyright and other intellectual property laws and international trade provisions. You further acknowledge that the Services may contain unpublished information and embody valuable trade secrets proprietary to Raysync and/or its licensors. Raysync and/or its licensors reserve all rights in the Services not expressly granted herein. The license granted hereunder and Your right to use the Services terminate automatically if You violate any part of the Terms.
6. CONFIDENTIAL INFORMATION
“Confidential Information” means any non-public business or technical information of Raysync including, without limitation, any information relating to Raysync’s trade secrets or know-how that is designated as “confidential,” either orally or in writing, or that You know or should know is considered confidential or proprietary by Raysync. You agree to maintain the Confidential Information in strict confidence and not to use Confidential Information except as expressly authorized by these Terms. You shall ensure that no unauthorized persons shall have access to the Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (i) becomes part of the public domain through no breach of the Terms by You directly or indirectly; (ii) is independently developed by You without reference to any Confidential Information.
7. TRADEMARKS
You acknowledge and agree that the term Raysync and other related logos and designs provided hereunder (collectively, the “Raysync Trademarks”) are the exclusive trademarks of Raysync, registered in Singapore and elsewhere, and that You shall not use or reproduce the Raysync Trademarks without first obtaining a trademark license from Raysync. All other trademarks and service marks referenced in the Services or Raysync website are the exclusive property of their respective owners. All rights reserved.
You shall hold Raysync harmless for any third-party claim alleging infringement of its intellectual property rights based on your use of the Branded Portal or any Services.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities on the Services.
If you violate relevant laws and regulations or infringe on the rights of a third party when using the Raysync service, you shall be solely responsible. If you cause losses to Raysync, Raysync has the right to hold you accountable.
8. PRIVACY
Raysync’s use of any information provided by You, including without limitation, Registration Data and payment information, is set forth in Raysync’s Privacy Policy currently in force, which can be found at https://www.raysync.io/privacy-policy/
9. UPDATES AND SUPPORT
Raysync may, from time to time, at its sole discretion, and without any obligation to do so, make updates to the Services available via the Internet or other sources. All such updates shall be deemed to be included within the definition of Services and shall be subject to these Terms. Raysync reserves the right to charge fees for any future versions of, or updates to, the Services. If it involves changes in service content and service fees, we will make a public announcement on Raysync Official website or send you a notification. If you do not agree, please stop using our services. If you continue to use our services, you are deemed to have agreed.
10.Term and Termination
Term.These Terms shall begin on the Effective Date and continue for the initial term and any renewal terms under any Order Form issued under these Terms, unless these Terms are earlier terminated as set forth herein.
Termination for breach.If a party materially breaches any provision of these Terms and has not cured such breach within Seven days of receipt of notice of such breach, the other party may terminate these Terms by giving notice, but termination will be effective only if that breach is not cured within that period.
Upon termination of these Terms. The rights and licenses granted by Raysync to you will terminate immediately. Sections 4, 5, 6, 7, 8, 10, 11, 12, 14 shall survive termination or expiration of these Terms.
11. DISCLAIMER OF WARRANTIES
THE SERVICES, SOFTWARE, ANY UPDATES THERETO, ANY DOCUMENTATION AND INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. RAYSYNC ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND ANY SAMPLE, SPECIFICATION OR PROPOSAL PROVIDED BY RAYSYNC, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RAYSYNC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, SATISFACTORY QUALITY OF THE SERVICES OR THAT THE SERVICES WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, MEET YOUR REQUIREMENTS, BE FREE OF VIRUSES OR THAT RAYSYNC WILL CORRECT ALL ERRORS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO, TO THAT EXTENT, THIS LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL RAYSYNC OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OR IN CONNECTION WITH THESE TERMS, IRRESPECTIVE OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION) OR PRODUCT LIABILITY, EVEN IF RAYSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
You hereby agree, at Your sole expense, to indemnify, defend and hold Raysync and its Affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of (a) any breach by You or any Other Users of your Raysync Account of these Terms or claims arising from Your Raysync Account; (b) any fraud or manipulation by You; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You or any Other Users of your Raysync Account; or (d) any claims of credit card fraud based on any information released by You or any Other Users of your Raysync Account. You agree to use best efforts to cooperate with Raysync in the defense of any demand, claim, action or suit. Raysync reserves the right to assume the exclusive defense of any matter subject to indemnification by You .
14. GENERAL
a. These Terms constitute the entire agreement between You and Raysync concerning Your use of the Services and by accepting these Terms, You expressly acknowledge that these Terms supersede any prior or contemporaneous agreements, communications and/or understandings, written or oral, concerning Your use of the Services. Raysync will not be bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, regardless of whether these Terms are silent on the matter, under any circumstances, unless Raysync expressly agrees to the provision in a written, executed document.
b. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall not be affected.
c. Singapore Courts have jurisdiction for resolving all claims and disputes arising out of or in connection with these Terms.
d. You may not assign or transfer these Terms or any rights or obligations under these Terms. Any assignment or transfer of these Terms made in contravention of the terms hereof shall be null and void. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of the parties’ respective successors and permitted assigns. Raysync may assign its rights under these Terms to its Affiliates and to any successor by way of merger, acquisition, consolidation, reorganization, or sale of all or substantially all of its assets that relate to these Terms, without action on Your part, in which case references to Raysync herein shall be deemed to refer to the assignee.
e. Notices by Raysync to You may be sent to the email address provided by You during the online registration process or otherwise by any means that Raysync determines at its sole discretion as likely to come to Your attention. All notices by You to Raysync regarding these Terms shall be in writing and sent by express carrier or certified mail at the address of Raysync set forth herein.
f. You acknowledge that Raysync may provide software, solutions, and services to third parties, including Your competitors, which are the same or similar to the software, solutions, and services provided to You hereunder.
g. Raysync will not be responsible for any delay, interruption, or other failure to perform under these Terms due to acts beyond Raysync’s reasonable control.
h. Raysync has the right to transfer all or part of the rights and obligations of these Terms to its affiliated companies.
i. You understand and agree that Raysync may modify and change Raysync’s service content, charging methods and other content according to the actual business situation. For the aforementioned modifications and changes, Raysync will publicize them on the corresponding official website, user terminal or other reasonable means. From the date of Raysync's public announcement, your continued operation on the platform (including but not limited to click to agree, payment behavior or continued use of this service, etc.) is deemed to be your agreement to the above changes. Please read the terms of service content and payment method carefully before your using.
j. When you use Raysync services, you agree that Raysync processes the personal information you submit to us for Raysync services by collecting, storing, using, processing, transmitting, providing, disclosing, deleting, etc. in accordance with these Terms and Privacy Policy after you agree.
Contact Us
If you have any questions about these Terms, please contact support@raysync.io.