Terms & Conditions

Silae Service Terms

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR “AGREEMENT”) CAREFULLY. THESE TERMS OF USE GOVERN THE USE OF THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND YOUR SUBSCRIPTION TO THE SERVICES IDENTIFIED IN THE ORDERING PROCESS (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”).

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON 'I ACCEPT', YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.

THE TERM “YOU” OR “SUBSCRIBER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

For contractual purposes, You (1) consent to receive communications from Silae in an electronic form; (2) consent to execute this Agreement electronically; and (3) agree that all notices, disclosures, and other communications that Silae provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

YOU ACKNOWLEDGE AND AGREE THAT ALL DATA MAY BE PROCESSED AND STORED IN SERVERS OUTSIDE THE COUNTRY OF ORIGIN IN COMPLIANCE WITH APPLICABLE LOCAL REGULATIONS AND YOU HEREBY CONSENT TO SUCH PROCESSING AND STORAGE. SILAE WILL USE PERSONAL DATA ONLY IN WAYS THAT ARE COMPATIBLE WITH THE PURPOSES FOR WHICH IT WAS COLLECTED AS PER SILAE’S POLICY OR AS SUBSEQUENTLY AUTHORIZED BY YOU. YOU AGREE TO OBTAIN ALL REQUIRED CONSENTS BEFORE YOU SEND ANY DATA TO SILAE FROM THE EUROPEAN UNION.

1. ACCESS AND USE

1.1. Orders. The Silae Service includes the base service (as ordered through the registration process) as well as any optional Add-On Service. The registration/ordering process shall set out a description of the applicable Silae Services to be provided by Silae, the costs associated with such Silae Services, the minimum number of Sites ordered, and the period of time Subscriber will have access to the particular Silae Service (the “Access Term”).

1.2. Provision of Access. Subject to the terms and conditions contained in this Agreement, Silae hereby grants to Subscriber and its Authorized Users a non-exclusive, non-transferable right to access the features and functions of the applicable Silae Service set forth in the applicable Order during the Access Term identified in the Order for the number of Authorized Users and the number of Sites set forth on the Order. On or as soon as reasonably practicable after the Effective Date, Silae shall provide to Subscriber the necessary passwords, security protocols and policies and network links or connections and Access Protocols to allow Subscriber and its Authorized Users to access the Silae Services. Subscriber and any Authorized User may only use the Silae Services in accordance with the Access Protocols.

1.3. Usage Restrictions. Subscriber shall not: (a) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any hardware or software component of the Silae Services are compiled or interpreted, and Subscriber acknowledges that nothing in this Agreement will be construed to grant Subscriber any right to obtain or use such code; (b) allow third parties other than Authorized Users to gain access to the Silae Services; or (c) attempt to scrape or otherwise frame any of the data or reports created with the Silae Service.

1.4. Retained Rights; Ownership.

(a) Ownership and Use of Subscriber Data. Silae retains all right, title and interest in and to the Subscriber Data, and Subscriber acknowledges that it neither owns nor acquires any additional rights in and to the Subscriber Data not expressly granted by this Agreement. Subscriber further acknowledges that Silae retains the right to use the Subscriber Data to provide the Services to Subscriber or share the Subscriber Data with third parties in accordance with Silae’s policies.

(b) Ownership of Silae Services. Subject to the rights granted in this Agreement, Silae retains all right, title and interest in and to the Silae Service, and Subscriber acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement or any licenses to the hardware and software used to provide the Silae Services. Subscriber further acknowledges that Silae retains the right to use the foregoing for any purpose in Silae’s sole discretion.

(c) Use of Data. Subscriber agrees and acknowledges that Silae may use the Subscriber Data in an aggregated form for the purposes of analytics, benchmarking, analysis and providing services to third parties. Subscriber grants Silae a worldwide, perpetual, fully paid-up, royalty free, non-exclusive right and license to: (a) use, reformat, display, transform, and create derivative works of the Subscriber Data for the purpose of adding the Subscriber Data to Silae’s database and creating insights or other derived data from such Subscriber Data; (b) to use, display, modify and create derivative works of the Subscriber Data ; and (c) to copy, display, modify and distribute the Derivative Data. “Derivative Data” means aggregated statistics and/or any data created or derived by Silae from the Subscriber Data.

1.5. Support

(a) Support. Subject to the terms and conditions of this Agreement, Silae shall exercise commercially reasonable efforts to provide Technical Assistance for the use of the Silae Services to Eligible Support Recipients during Silae’s ordinary and customary business hours in accordance with its standard policies and procedures, as described at https://www.silae.io/

(b) Eligible Support Recipients. Silae shall have no obligation to provide Technical Assistance, by any means, to any entity or individual other than Eligible Support Recipients.

(c) Access. As a condition of Silae’s obligations under Section 1.5 (a), Subscriber shall provide such information and/or access to Subscriber resources as Silae may reasonably require in order to provide Technical Assistance under this Agreement. Silae shall be excused from any non-performance of its obligations hereunder to the extent any such non-performance is attributable to Subscriber’s failure to perform its obligations under this Section 1.5(b).

(d) Means of Access to Technical Assistance. Eligible Support Recipients shall request Technical Assistance (i) by directing requests at such telephone number as Silae may specify for such purposes from time to time; or (ii) by directing electronic mail requests at the electronic mail address as Silae may specify for such purposes from time to time.

This Agreement will become effective when the registration process is completed (the “Effective Date”).