TERMS OF USE — datasync.am

Introduction

Welcome to datasync.am. These Terms of Use ("Terms", "Terms of Use") govern your relationship with www.datasync.am (the "Site") and the services provided by datasync.am ("we", "us", "our", or "the Company"), including but not limited to Data Matrix code generation, business process reporting, operational automation solutions, and related consulting services (collectively, the "Services").

Please read these Terms of Use carefully before using the Site and our Services. By accessing or using the Site and Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service. Your continued use of the Services following the posting of any amendments to the Terms shall constitute your acceptance of such amendment.

Services Description

datasync.am provides professional B2B services focused on business automation, including:

Data Matrix Code Generation: Creation and management of Data Matrix codes for product identification, tracking, inventory management, and supply chain optimization. These codes can be used for individual items, batches, or packaging to enable seamless traceability throughout the production and distribution process.
Business Process Reporting: In-depth analysis, documentation, and reporting of client business processes to identify inefficiencies, bottlenecks, and opportunities for automation and improvement.
Automation Solutions: Consulting, implementation, and optimization of automated workflows, systems integration, and custom software solutions to enhance operational efficiency, reduce manual intervention, and increase accuracy.
Production and Manufacturing Automation: Specialized services for the manufacturing sector, including integration of Data Matrix codes into production lines, real-time data capture, and automated quality control reporting.
Related Consulting Services: Advisory services to help clients leverage technology for business process improvement, digital transformation, and data-driven decision making. Detailed descriptions of our specific service offerings are available on the relevant sections of our Site. Any specific terms for a particular project will be outlined in a separate service agreement or statement of work between you and datasync.am. In the event of any conflict between these Terms and a separate service agreement, the separate service agreement shall prevail.

Account Registration and Responsibilities

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You are responsible for all activity occurring under your account and shall comply with all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services.

Intellectual Property Rights

Site Content. The Site and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of datasync.am and its licensors. The Site is protected by copyright, trademark, and other laws of both Armenia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of datasync.am. All rights not expressly granted to you in these Terms are reserved by us.

Service Deliverables. All custom Data Matrix codes, reports, analyses, automation configurations, documentation, software code, and other materials created by datasync.am for a client specifically for the project ("Deliverables") are owned by datasync.am until full payment for the project has been received. Upon receipt of full payment, ownership of the final Deliverables is transferred to the client, subject to the terms of the specific project agreement or statement of work. Unless otherwise agreed in writing, datasync.am retains the right to use aggregated, anonymized data derived from client projects for internal analytics, service improvement, and marketing purposes.

Client Materials. You retain all ownership rights to any content, data, reports, specifications, production information, or other materials you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, and transmit such materials solely for the purpose of providing the Services to you. You represent and warrant that:

You own or have the necessary licenses, rights, consents, and permissions to publish and use your Client Materials.
Your Client Materials do not infringe the copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any third party.
Any Data Matrix codes or other identifiers generated for you will be used in compliance with applicable industry standards and regulations (e.g., GS1 standards for Data Matrix codes in healthcare, automotive, or other sectors).

Confidentiality

During the course of providing Services, we may have access to your confidential business information, including but not limited to business processes, operational data, trade secrets, proprietary information, production workflows, and customer data ("Confidential Information"). We agree to:

Maintain the confidentiality of all Confidential Information.

Not disclose Confidential Information to any third party without your prior written consent, except as necessary to provide the Services or as required by law. Use Confidential Information solely for the purpose of providing the Services. Return or destroy all Confidential Information upon your request, subject to our data retention policies and legal obligations. This confidentiality obligation shall survive the termination of these Terms and any service agreement.

Fees and Payment Terms

Fees for our Services will be as set forth in the applicable service agreement, statement of work, or as quoted to you in writing. Unless otherwise agreed, all fees are payable in [currency] and are non-refundable except as expressly provided in your service agreement. We may use third-party payment processors to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of such processors in addition to these Terms. We shall not be liable for any error or delay in payment processing by such third parties. You agree to pay all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If we are required to collect taxes on the Services, you agree to pay such taxes unless you provide us with a valid tax exemption certificate.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall datasync.am, nor its directors, employees, partners, agents, suppliers, or affiliates, 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, the Services.

This limitation applies regardless of whether the damages are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the amount you paid us, if any, during the twelve (12) months preceding the event giving rise to the liability. Multiple claims will not enlarge this limitation.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

datasync.am, its subsidiaries, affiliates, and its licensors do not warrant that:

The Service will function uninterrupted, secure, or available at any particular time or location.
Any errors or defects will be corrected.
The results of using the Service will meet your requirements or expectations.
Any Data Matrix codes or reports generated will be error-free or suitable for your specific business purposes.
The automation solutions provided will achieve any particular business outcome or integrate flawlessly with your existing systems.
The Services will be compatible with all hardware, software, or systems you use.

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless datasync.am and its employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service.
Your violation of any term of these Terms.
Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Any claim that your Client Materials caused damage to a third party.
Your violation of any applicable law or regulation.
Any claim arising from the use of Data Matrix codes or other identifiers generated for you if such use does not comply with industry standards or applicable laws.
This defense and indemnification obligation will survive these Terms and your use of the Service.

Third-Party Services and Tools

Our Services may integrate with or utilize third-party software, libraries, platforms, or services (e.g., database systems, ERP software, cloud platforms). We do not control, and are not responsible for, any third-party services. Your use of such third-party services may be subject to additional terms and conditions imposed by the third-party providers. We make no warranties regarding, and shall have no liability or responsibility for, any third-party services or your use of them.

Service Modifications and Interruptions

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

We do not guarantee that our Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Armenia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved through negotiations, either party may submit the dispute to the courts of the Republic of Armenia. The prevailing party in any such dispute shall be entitled to recover its reasonable attorneys' fees and costs.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms, together with any service agreements, statements of work, and our Privacy Policy, constitute the entire agreement between you and datasync.am regarding your use of the Service, superseding any prior agreements between you and us relating to your use of the Service.

Waiver and Severability

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: niko@datasync.am

Phone: [+374 XX XXX XXX]

Address: [Your Physical Address, if applicable]