Effective Date: 2025-10-01
Last Updated: 2025-11-01
THESE TERMS OF USE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE LYNCUP WEB APPLICATION, WEBSITE, AND RELATED SERVICES (COLLECTIVELY, THE "PLATFORM") AND CONSTITUTE A BINDING AGREEMENT BETWEEN LYNCUP, INC. ("LYNCUP" OR "US" OR "WE") AND YOU. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY NOTICE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
To access the Platform's features, you are required to create an account and profile. You agree to provide accurate, current, and complete information during registration and to keep such information updated. You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts. By using the Platform, you represent and warrant that you meet these requirements.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify LyncUp of any unauthorized access or use.
The Platform provides tools for registered users to identify, connect with, and schedule meetings with other individuals attending professional or business conferences.
The Platform is not a conference organizer and does not host or manage events. The Platform only facilitates scheduling and does not guarantee the availability, attendance, or conduct of any participant. Features may vary depending on your subscription tier, geographic region, or the conference's integration with the Platform.
By continuing, you acknowledge and agree that the Platform is not affiliated with, endorsed by, or responsible for any conference, event, or meeting. Services are offered solely to attendees for personal use and are separate from any official conference content, tools, or offerings.
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without liability.
You agree to use the Platform solely for lawful purposes and in compliance with these Terms and all applicable laws. You shall not use the Platform for any unlawful or malicious purposes, including, without limitation to: (i) impersonate any person or misrepresent your affiliation; (ii) harass, threaten, or abuse other users; (iii) transmit spam, unsolicited messages, or promotional content without consent; (iv) upload malicious code, viruses, or otherwise interfere with the security or functionality of the Platform or (v) attempt to reverse engineer, copy, or create derivative works of the Platform.
You may submit profile information, communications, and other content through the Platform ("User Content"). You represent and warrant that your User Content does not violate third-party rights or applicable law.
By using the Platform, You acknowledge that participation is voluntary, not solicited by LyncUp, and undertaken without reliance on any outside promises. You are solely responsible for ensuring such participation does not violate any employment agreements or other obligations, and LyncUp disclaims liability for any such conflicts.
You agree to treat all other users with courtesy and respect. Harassment, discrimination, intimidation, or offensive behavior, whether verbal, written, or physical, will not be tolerated on or through the Platform.
If you are using the Platform in connection with a conference or event, you must also comply with that event's code of conduct, rules, and policies. LyncUp is not responsible for enforcing such rules but reserves the right to cooperate with conference organizers, as necessary.
Prohibited behavior includes, but is not limited to:
If you feel unsafe during an interaction arranged through the Platform, you should immediately disengage and, if necessary, notify the appropriate conference staff or law enforcement. LyncUp encourages users to report inappropriate behavior to us at support@lyncup.ai.
We reserve the right to investigate and take appropriate action in response to violations of this Code of Conduct, which may include warnings, suspension, or permanent termination of your account, and if warranted, referral to conference organizers or legal authorities.
Any meetings arranged through the Platform are solely between you and the other participant(s). LyncUp does not monitor or endorse specific interactions and is not responsible for meeting outcomes. We do not guarantee that users will respond to invitations, attend scheduled meetings, or engage in meaningful interaction. You are solely responsible for your behavior during meetings, whether virtual or in person. You agree to conduct yourself in a professional and respectful manner.
Use of the Platform may require the payment of fees in connection with: (a) account subscriptions or premium features; (b) the booking of a meeting with another participant; and/or (c) successful completion of meetings as defined by the Platform. Applicable fees, rates, and billing practices will be disclosed to you at the time of registration, booking, or purchase.
By initiating a booking or subscribing to a paid feature, you authorize LyncUp (or its payment processor) to charge the payment method you provide for the applicable fee(s). Charges may occur at the time of booking, at the time of meeting confirmation, or upon successful completion of a meeting, depending on the pricing model disclosed to you.
If you cancel a scheduled meeting more than 3 hours (depending on the booking) in advance of its scheduled start time, you may be entitled to a refund or credit as specified at the time of booking. If you cancel within 3 hours of the scheduled meeting, fees are non-refundable, except where required by law.
If the other participant cancels in advance, any booking fee you have paid will either (a) be refunded in full, or (b) be applied as a credit toward future bookings, depending on the refund option you select at the time of cancellation. If the other participant cancels without reasonable notice (e.g., less than 3 hours before the scheduled time), you may be entitled to a full refund or rebooking credit.
If you fail to attend a booked meeting without canceling in accordance with Section 6.3, you will not be entitled to any refund. If the other participant fails to attend without canceling, you may be entitled to a full refund or a rebooking credit.
Where both participants mutually agree to reschedule a meeting, any fees already paid may be applied to the rescheduled meeting, provided it occurs within 5 days of the original booking.
Any approved refunds will be processed within 10 business days to your original payment method or as a Platform credit, at our discretion. LyncUp reserves the right to withhold refunds in cases of abuse, repeated cancellations, or suspected fraud.
We may change our pricing and fee structure at any time, but such changes will not apply retroactively to bookings already made. Updated pricing will be posted on the Platform prior to taking effect.
The Platform may interoperate with or provide links to third-party conference organizers, venue operators, or software integrations. Such third parties are independent from LyncUp. We do not endorse or assume responsibility for third-party services. Use of such services is at your own risk and subject to the third party's terms and policies.
All rights, title, and interest in the Platform, including software, interfaces, design, trademarks, and related intellectual property, are owned by LyncUp or its licensors. Subject to your compliance with these Terms, LyncUp grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for the purposes set forth herein these Terms. You may not copy, modify, distribute, sell, or lease any part of the Platform without prior written permission.
Your use of the Platform is subject to our Privacy Notice which describes how we collect, use, and disclose personal information. By using the Platform, you consent to our processing of your data, including the sharing of your profile and availability information with other conference participants, consistent with your privacy settings.
THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND LYNCUP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LYNCUP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LYNCUP MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR PLATFORM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
LyncUp shall indemnify, defend, and hold you harmless from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys' fees) ("Losses") incurred by you in connection with any third-party claim, suit, action, or proceeding ("Third-Party Claim") alleging that the Services, when used by you in accordance with these Terms, infringe or misappropriate such third party's intellectual property rights or trade secrets. This indemnity is conditioned on your (a) promptly notifying LyncUp in writing of the Third-Party Claim, (b) cooperating with LyncUp in good faith, and (c) granting LyncUp sole authority to control the defense and settlement of the Third-Party Claim.
If a Third-Party Claim is made or reasonably appears possible, LyncUp may, at its sole discretion: (a) modify or replace the Services, or the applicable component, so that they are non-infringing; or (b) obtain the right for you to continue using the Services. If LyncUp determines that neither option is reasonably available, LyncUp may terminate your access to the affected Services (or this Agreement in its entirety) upon written notice to you.
LyncUp's indemnification obligations do not apply to the extent the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided or authorized in writing by LyncUp; or (b) modifications to the Services not made by LyncUp.
You shall indemnify, defend, and hold harmless LyncUp, its affiliates, and their respective officers, directors, employees, and agents from and against any and all Losses arising out of or relating to any Third-Party Claim resulting from (a) your misuse of the Platform in violation of these Terms, or (b) your violation of applicable law. You may not settle any Third-Party Claim against LyncUp without LyncUp's prior written consent. LyncUp will have the right, at its option, to defend itself against any such claim or to participate in the defense thereof with counsel of its own choosing.
This Section 11 sets forth your sole and exclusive remedies, and LyncUp's sole liability and obligation, for any actual, threatened, or alleged claims that the Services infringe, misappropriate, or otherwise violate the intellectual property rights of any third party. In no event will LyncUp's liability under this Section 11 exceed two (2) times the total fees paid by you to LyncUp in the twelve (12) months immediately preceding the claim.
IN NO EVENT WILL LYNCUP BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; OR (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; IN EACH CASE REGARDLESS OF WHETHER LYNCUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LYNBCUP'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ON AND A HALF TIMES THE TOTAL AMOUNTS PAID TO LYNCUP UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
We may suspend or terminate your account at any time, with or without cause, notice, or liability. You may stop using the Platform at any time by closing your account. Upon termination, your right to use the Platform will immediately cease. Certain provisions (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) will survive termination.
We may revise these Terms at any time by posting the updated version on the Platform. The "Last Updated" date will indicate the effective date of the revisions. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.
The Platform may incorporate artificial intelligence ("AI") and machine learning technologies to provide or enhance certain features, including but not limited to: profile recommendations, meeting suggestions, automated scheduling, content moderation, fraud detection, and analytics designed to improve user experience.
By using the Platform, you acknowledge and consent to the use of AI systems in connection with your User Content, profile information, communications, and interactions on the Platform, consistent with our Privacy Notice.
These Terms, together with our Privacy Policy, any other legal notices or policies published on the Platform, and any documents expressly incorporated by reference (collectively, the "Agreement"), constitute the sole and entire agreement between you and LyncUp with respect to your use of the Platform and Services. This Agreement supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the subject matter hereof.
In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, flood, fire, earthquake, outbreaks, epidemics, or pandemics precipitating governmental orders or actions substantially impairing normal business operations, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to affect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the County of New York, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The prevailing party in any legal suit, action, or proceeding concerning this agreement shall be entitled to recover its reasonable attorneys' fees in addition to any award from the court.
Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 4 may cause the other LyncUp irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, LyncUp will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity.
You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services outside the US.
No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms ("Notices") must be in writing. We may provide Notices to you by (a) posting them within the Platform, (b) sending them to the email address associated with your account, or (c) by any other reasonable method. You agree that electronic delivery of Notices has the same legal effect as physical delivery. A copy of any notice to LyncUp shall also be sent to LyncUp's legal counsel at: Rosenberg Fortuna & Laitman, LLP, 666 Old Country Road, Suite 810, Garden City, New York 11530, Attn: Joseph P. Sacco, Esq.
All sections of the Terms which, by their nature should survive termination or expiration, will survive, including sections pertaining to confidential information, LyncUp's Intellectual Property Rights, rights granted by you to LyncUp, payment obligations, warranty disclaimers, indemnification, governing law and submission to jurisdiction, and the limitation on liability.