SynqOra End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and Data Efficiency Solutions, LLC ("DES," "we," "our," or "us") governing your access to and use of the SynqOra mobile application, related software, documentation, updates, support materials, and associated hosted services made available for that application (collectively, the "App").
By downloading, installing, accessing, or using the App, you agree to this EULA. If you do not agree, do not use the App and uninstall it from your device.
Commercial-use notice: SynqOra is DES's commercial field-operations app for business customers. This public App Store listing covers the base SynqOra app. DES may configure or brand deployments for particular customer organizations under separate written agreements. If your employer, customer, or another organization has a separate master services agreement, statement of work, order form, subscription agreement, implementation agreement, or similar written agreement with DES covering the App or related services, that written agreement controls to the extent of any conflict with this EULA.
Authority notice: If you use the App on behalf of an organization, you represent that you are authorized to use the App for that organization and to accept this EULA as it applies to your use.
1. Eligibility and scope
You may use the App only if you are legally capable of entering into this EULA, are not otherwise prohibited from receiving or using the App under applicable law, and are an authorized user of a DES customer, partner, prospective customer in onboarding, or another organization with an approved business relationship with DES.
The App is publicly discoverable on the App Store, but downloading the App does not by itself create a service account. Access to operational data and workflows is provisioned by DES or the applicable customer administrator after onboarding. The App is not intended for general consumer use or use by children.
2. License grant
Subject to your compliance with this EULA and any organization-specific access requirements, DES grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to install, access, and use the App on compatible devices that you own or control or that your organization provides to you, solely for authorized business purposes in connection with SynqOra workflows.
The App is licensed, not sold, and no ownership rights are transferred to you.
3. Organization control, account security, and device management
Your organization remains responsible for determining who is authorized to use the App, what data may be entered into the App, and whether your use complies with workplace, customer, regulatory, and operational requirements.
You acknowledge and agree that your organization may, subject to applicable law:
- provision, suspend, restrict, or terminate your access at any time;
- require device-management, password, security, or remote-wipe controls for organization-managed devices;
- access, review, export, preserve, disclose, or remove data submitted through the App;
- receive logs, audit information, and support information relating to your use of the App.
You are responsible for maintaining the confidentiality of your sign-in credentials, securing the devices you use with the App, and promptly notifying your organization or DES of any lost device, suspected credential compromise, unauthorized access, or security issue involving the App.
4. Permitted use and user responsibilities
You may use the App only for lawful, authorized business purposes, including field-service, routing, work-order review, task completion, labor updates, work-order photo capture, offline synchronization, meter-reading workflows, and other operational activities supported by SynqOra.
You are responsible for:
- using the App only as instructed by DES or your organization;
- entering information that you are authorized to submit and that is reasonably accurate;
- using appropriate professional judgment and following required safety, dispatch, operational, and emergency procedures;
- complying with workplace policies, customer obligations, export controls, sanctions laws, and other applicable laws;
- obtaining any permissions, approvals, or notices required before capturing photos, using location-based features, or submitting job-site information.
The App is not a substitute for required safety procedures, dispatch controls, utility or field protocols, or emergency services. You remain responsible for field decisions and compliance with applicable procedures.
5. Restrictions
You may not, and may not allow others to:
- copy, modify, adapt, translate, or create derivative works of the App except as expressly permitted by law;
- reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover source code, trade secrets, or non-public components of the App;
- sell, resell, rent, lease, lend, sublicense, distribute, publish, host, or commercially exploit the App except as expressly authorized in writing by DES;
- remove, obscure, or alter copyright, trademark, proprietary, security, or attribution notices;
- bypass, disable, or interfere with authentication, logging, access controls, security features, encryption, or technical limitations of the App;
- use the App to build, benchmark, validate, or improve a competing product or service;
- upload or transmit malware, malicious code, unlawful content, or material that infringes the rights of others;
- use the App in a way that could endanger people, property, infrastructure, or business operations.
6. Device features, local storage, offline use, and automated processing
The App may use device features and platform capabilities, including camera, photo library, location services, mapping, local storage, and platform-provided text-recognition or barcode detection tools, to support work-order documentation, routing, meter workflows, and offline use.
The App may store limited local data on the device, including cached operational records, queued synchronization data, diagnostics, and locally stored work-order photos, so that users can continue working when connectivity is limited and synchronize later.
Automated extraction or recognition results generated by the App or by device platforms are assistive only. You are responsible for reviewing information before relying on it in field or operational workflows.
7. Customer data, submissions, and privacy
As between DES and you, all work-order data, operational records, images, notes, labor entries, attachments, and other information submitted through the App on behalf of your organization ("Organization Data") remain the property of your organization or the applicable data owner, subject to any rights granted in controlling written agreements.
You represent that you have the right to submit Organization Data through the App and to direct DES to process that data for the purpose of providing, securing, supporting, troubleshooting, and improving the App and related customer workflows. You grant DES and its service providers the limited rights necessary to host, copy, transmit, store, cache, index, display, process, and synchronize Organization Data for those purposes.
DES may use aggregated or de-identified information derived from use of the App to operate, secure, support, analyze, and improve the App and related services, provided that such use does not identify you or your organization as the source except as allowed in a controlling written agreement.
Use of the App is also subject to the SynqOra Privacy Policy.
8. Third-party services and terms
The App may depend on or interoperate with third-party services, software, and platforms, including Apple, Google, Microsoft, wireless carriers, mobile operating systems, device-management tools, mapping and routing providers, hosting providers, customer systems, and other integrations. DES is not responsible for third-party services except to the extent expressly required by law or a separate written agreement.
You must comply with any applicable third-party terms when using the App, including the terms of your mobile device provider, wireless carrier, mobile operating system, identity provider, app-store provider, and any customer or organization systems connected to the App.
9. Ownership, feedback, and confidentiality
DES and its licensors retain all right, title, and interest in and to the App, including all software, interfaces, workflows, documentation, trademarks, trade names, service marks, designs, methods, know-how, and other intellectual property embodied in or related to the App.
If you provide feedback, suggestions, ideas, enhancement requests, corrections, or comments about the App, you hereby assign to DES all right, title, and interest in that feedback and any derivative works arising from it. If any such assignment is ineffective under applicable law, you grant DES a perpetual, irrevocable, worldwide, fully paid, royalty-free license to use, reproduce, modify, distribute, disclose, and otherwise exploit that feedback without restriction or obligation to you.
You may not disclose non-public information about the App, including non-public workflows, technical details, security information, credentials, vulnerability information, or benchmark or performance results, except as required for your authorized business use or as required by law.
10. Updates, availability, monitoring, suspension, and termination
DES may provide fixes, patches, enhancements, updates, and other modifications to the App and may require you to install updates to continue using some or all features. DES may add, remove, or modify features and may discontinue the App or any part of it at any time, subject to any controlling written agreement with your organization.
The App may require internet connectivity, supported operating system versions, approved device permissions, and access to third-party platform services to function fully. Features may be unavailable, degraded, or delayed when devices are offline, permissions are denied, dependencies fail, or connected services are interrupted.
DES and your organization may monitor use of the App, investigate suspected violations, and suspend, restrict, disable, or terminate your access at any time, with or without notice, if access is no longer authorized, this EULA is violated, there is a security or misuse concern, DES or your organization reasonably believes suspension is necessary to protect people, property, systems, or data, or the App or related services are discontinued.
Upon termination, your license ends immediately and you must stop using the App. DES or your organization may require the App and related data to be removed from the device, may remotely disable App access where technically available, and may preserve or provide records as required for legal, security, operational, or support purposes.
11. Compliance with law and export restrictions
You must use the App in compliance with all applicable laws, regulations, sanctions programs, export controls, governmental restrictions, workplace rules, customer obligations, and industry requirements applicable to your use.
You represent and warrant that you are not located in a country or region subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.
12. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." DES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
DES DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, AVAILABLE AT ALL TIMES, COMPATIBLE WITH ALL DEVICES OR ENVIRONMENTS, OR SUITABLE FOR EVERY WORKFLOW, ROUTE, LOCATION, PHOTO, DATA ENTRY, OCR RESULT, OR FIELD CONDITION.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DES AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE TECHNOLOGY OR SERVICES, ARISING OUT OF OR RELATING TO THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF DES AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS ARISING OUT OF OR RELATING TO THIS EULA OR THE APP WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNT, IF ANY, THAT YOU PAID DIRECTLY TO DES FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF A SEPARATE WRITTEN AGREEMENT WITH YOUR ORGANIZATION PROVIDES A DIFFERENT LIABILITY ALLOCATION, THAT WRITTEN AGREEMENT CONTROLS TO THE EXTENT OF ANY CONFLICT.
NOTHING IN THIS EULA EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Apple App Store-specific terms
If you access the App through Apple's App Store, you acknowledge and agree that:
- this EULA is concluded between you and DES, and not with Apple, and DES, not Apple, is solely responsible for the App and its content;
- the license granted in this EULA is limited to a non-transferable license to use the App on Apple-branded products that you own or control, subject to the usage rules permitted by the Apple Media Services Terms and Conditions;
- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
- to the fullest extent permitted by law, Apple is not responsible for addressing any claims relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer protection claims, privacy claims, or intellectual property infringement claims;
- Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary.
15. Governing law and general terms
Unless a separate written agreement with your organization provides otherwise, this EULA and any dispute arising out of or relating to it are governed by the laws of the U.S. state in which DES is organized, without regard to conflict-of-law principles. You and DES consent to the exclusive jurisdiction and venue of the state and federal courts located in the county where DES maintains its principal U.S. office, except that DES may seek injunctive or equitable relief in any jurisdiction to protect the App, confidential information, or DES intellectual property.
This EULA is the entire agreement between you and DES regarding your use of the App, except for any controlling written agreement with your organization. If any provision of this EULA is held invalid, illegal, or unenforceable, the remaining provisions will remain in effect. A failure to enforce any provision is not a waiver. Sections that by their nature should survive termination will survive.
16. Contact
For questions, complaints, or claims about this EULA or the App, contact Data Efficiency Solutions, LLC at support@dataesllc.com or 844.337.2778.
For general support, visit the SynqOra Support page. For privacy information, review the SynqOra Privacy Policy.