Convay Terms & Conditions

• "Account" means your registered Convay account and associated access credentials.
• "Admin" means the user(s) designated with administrative privileges to manage your organization's Convay deployment.
• "Content" means all data, information, files, recordings, transcripts, messages, and materials transmitted through the Service.
• "Customer Content" means Content uploaded, transmitted, or created by you or your users.
• "Documentation" means technical specifications, user guides, and API documentation provided by Synesis.
• "Order Form" means the commercial agreement specifying subscription details, pricing, and deployment specifications.
• "Subscription Term" means the period for which you have purchased access to the Service.

Convay is a secure, AI-powered video conferencing and collaboration platform offering:

• HD video and audio conferencing
• Screen sharing and collaborative whiteboarding
• Chat messaging and file sharing
• Meeting recording and cloud/on-premise storage
• AI-powered transcription, translation, and meeting summaries
• Integration with enterprise systems (SSO, calendar, storage)
• Administrative controls, security features, and compliance tools

Deployment Models

Convay is available in multiple deployment configurations:

• Cloud (SaaS): Hosted by Synesis in Bangladesh or designated regions
• On-Premise: Deployed in your own data center
• Hybrid: Combination of cloud and on-premise
• Air-Gapped: Isolated deployment with no external connectivity

Specific features and capabilities may vary by deployment model and subscription tier.

4.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to create a Convay account. Corporate accounts must be created by authorized representatives.

4.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and update this information to keep it accurate;
• Protect your account credentials and notify us immediately of unauthorized access;
• Be responsible for all activities under your account.

4.3 Organization Accounts

For enterprise subscriptions:

• Admins control user provisioning, access, and policies;
• Admins may monitor usage, access logs, and Customer Content as permitted by law;
• Users must comply with organization policies in addition to these Terms.

4.4 Service Activation

In compliance with Bangladesh's Digital E-Commerce Policy 2021:

• Cloud accounts are activated instantly or within 24 hours;
• On-premise deployments are activated within 7 days of order confirmation;
• Delays due to customer-side requirements may extend activation timeline.

5.1 Subscription Plans

Convay offers multiple subscription tiers with varying features, user limits, and storage. Current plans and pricing are available at convay.com/pricing.

5.2 Fees & Billing

• Subscription fees are billed in advance on a monthly or annual basis;
• Prices are quoted in BDT (Bangladeshi Taka) or USD as specified;
• All prices exclude applicable VAT unless stated otherwise;
• Payment is due within 15 days of invoice date unless otherwise agreed.

5.3 Payment Methods

We accept:

• Bank transfer / BEFTN;
• Credit/debit cards via SSLCOMMERZ or other approved payment gateways;
• Mobile financial services (bKash, Nagad, Rocket) for eligible plans;
• Purchase orders for enterprise customers with approved credit terms.

5.4 Auto-Renewal

Subscriptions automatically renew at the end of each term unless:

• You provide written notice of non-renewal at least 30 days before term expiration;
• Your account is terminated for violation of these Terms;
• You downgrade to a free tier (if available).

5.5 Price Changes

We may modify subscription pricing with 60 days' written notice. Changes apply at your next renewal. If you do not agree to price increases, you may terminate before renewal.

5.6 Late Payment

Accounts with overdue payments may be:

• Suspended after 15 days past due;
• Subject to late fees of 2% per month or the maximum allowed by law;
• Terminated after 45 days past due with potential data deletion.

5.7 Taxes

You are responsible for all applicable taxes (VAT, withholding, etc.) except taxes on Synesis's income. If required to withhold taxes, you must provide appropriate documentation.

6.1 Permitted Use

You may use Convay for lawful business, educational, governmental, or personal communication purposes consistent with the Service's intended functionality.

6.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations;
• Infringe intellectual property rights;
• Transmit malware, viruses, or harmful code;
• Attempt unauthorized access to systems or accounts;
• Reverse engineer, decompile, or extract source code;
• Resell or sublicense the Service without authorization;
• Use the Service for spam, harassment, or abusive behavior;
• Engage in fraudulent activities or misrepresentation;
• Interfere with Service operation or other users' access;
• Use automated systems to excessively access the Service;
• Remove, obscure, or alter copyright or proprietary notices.

6.3 Content Restrictions

You may not upload, transmit, or share Content that:

• Contains illegal material (child exploitation, terrorism promotion, etc.);
• Violates privacy rights or contains unauthorized personal data;
• Is defamatory, obscene, or incites violence;
• Infringes third-party rights.

6.4 Compliance Responsibility

You are responsible for:

• Your users' compliance with these Terms;
• Obtaining necessary consents for recording/transcription;
• Compliance with data protection laws applicable to your organization;
• Export control and sanctions compliance.

7.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Customer Content Ownership

You retain all ownership rights to Customer Content. You grant Synesis a limited license to process Customer Content solely to provide the Service.

7.3 Data Security

We implement industry-standard security measures including:

• TLS 1.3 encryption for data in transit;
• AES-256 encryption for data at rest;
• Regular security audits and vulnerability assessments;
• Access controls and authentication mechanisms.

7.4 Data Sovereignty

For on-premise and sovereign cloud deployments, data remains within your specified geographic boundaries. You control data location and residency.

7.5 Data Backup & Recovery

We perform regular backups for cloud deployments. Customers are responsible for backups in on-premise deployments unless otherwise contracted.

7.6 Data Retention & Deletion

Upon termination:

• Cloud: Data is retained for 30 days, then deleted unless legally required to retain;
• On-premise: Data remains under your control.

You may request data export in portable formats before deletion.

8.1 Synesis IP

Convay, including all software, designs, trademarks, documentation, and technology, is owned by Synesis IT PLC and protected by Bangladeshi and international intellectual property laws.

8.2 License Grant

Subject to these Terms, Synesis grants you a limited, non-exclusive, non-transferable license to access and use the Service during the Subscription Term.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service;
• Use Convay branding without written permission;
• Remove or alter proprietary notices.

8.4 Feedback

If you provide suggestions or feedback about the Service, Synesis may use such feedback without obligation or compensation to you.

9.1 Service Availability

For cloud deployments, we target 99.9% uptime, excluding scheduled maintenance. Specific SLA commitments are defined in enterprise Order Forms.

9.2 Maintenance

We may perform:

• Scheduled maintenance (announced 72 hours in advance);
• Emergency maintenance (with minimal notice if required).

9.3 Support

Support levels vary by subscription tier:

• Basic: Email support (48-hour response);
• Professional: Email + chat (24-hour response);
• Enterprise: Priority support with dedicated account manager.

9.4 Modifications

We may modify, enhance, or discontinue Service features with reasonable notice. We will not materially reduce core functionality during your Subscription Term.

10.1 Service Warranty

We warrant that the Service will perform substantially in accordance with Documentation during your Subscription Term. Your exclusive remedy for breach is Service credit or refund as described in our Refund Policy.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free;
• All defects will be corrected;
• The Service meets all your requirements;
• Results obtained from the Service will be accurate.

10.3 Third-Party Services

Integrations with third-party services are provided "as is." We are not responsible for third-party service availability or functionality.

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNESIS'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SYNESIS IN THE 12 MONTHS PRECEDING THE CLAIM.

11.2 Exclusion of Consequential Damages

SYNESIS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

11.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Gross negligence or willful misconduct;
• Violations of intellectual property rights;
• Matters that cannot be limited under applicable law.

You agree to indemnify and hold harmless Synesis, its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of applicable laws;
• Your Customer Content;
• Your infringement of third-party rights.

13.1 Term

These Terms commence when you accept them and continue until terminated.

13.2 Termination by You

You may terminate by:

• Providing 30 days' written notice before renewal (no refund for current term);
• Closing your account through the admin portal.

13.3 Termination by Synesis

We may suspend or terminate your account:

• Immediately for violation of these Terms;
• For non-payment after 45 days past due;
• If required by law or government order;
• With 60 days' notice for convenience (with pro-rata refund).

13.4 Effect of Termination

Upon termination:

• Your access to the Service ends immediately;
• Outstanding fees become immediately due;
• You must cease all use of Convay;
• Data retention follows Section 7.6.

Sections 6, 8, 10, 11, 12, and 14 survive termination.

14.1 Governing Law

These Terms are governed by the laws of Bangladesh, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes shall be resolved through:

• Good faith negotiation (30 days);
• Mediation in Dhaka, Bangladesh;
• Arbitration under Bangladesh Arbitration Act 2001.

Courts in Dhaka, Bangladesh have exclusive jurisdiction for non-arbitrable matters.

14.3 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, government actions, internet failures, etc.).

14.4 Export Compliance

You agree to comply with all export control laws and regulations applicable to the Service and related technology.

14.5 Notices

Legal notices must be sent to:

• To Synesis: legal@convay.com or registered office address;
• To You: Email address or billing address on file.

14.6 Assignment

You may not assign these Terms without our written consent. We may assign to affiliates or in connection with merger/acquisition.

14.7 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any Order Form, constitute the entire agreement between you and Synesis regarding the Service.

14.8 Amendments

We may modify these Terms with 30 days' notice. Continued use after changes constitutes acceptance. Material changes will be highlighted.

14.9 Severability

If any provision is found invalid or unenforceable, remaining provisions continue in full force.

14.10 Waiver

Failure to enforce any provision does not constitute a waiver of that or any other provision.

14.11 Language

These Terms are written in English. Translations are for convenience only; the English version prevails in case of conflict.

For questions about these Terms:

• Synesis IT PLC
• 12, BDBL Bhaban (3rd Floor)
• Kawranbazar, Dhaka-1215, Bangladesh
• Email: legal@convay.com
• Phone: +880-2-8189479

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

© 2024 Synesis IT PLC. All rights reserved.