Terms of Service
Last updated March 2, 2015
SilkStart Technology Inc. (referred to here as “SilkStart“, “We” or “Our“) provides its service (referred to here as “the Service“) according to the Terms specified in this policy (the “Terms“, or “Terms of Service“, or “Agreement“).
“You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity, or employees using the Service. “Your Data” means all electronic data collected and stored by the system on behalf of You, including customer records, transactions, inventory items and statistics.
“The Service” or “Subscription” includes your use of the SilkStart Application.
“Professional Services” includes any paid engagement not otherwise included as part of our Subscriptions.
SilkStart reserves the right to modify these terms with 30 days notice. Your continued usage of SilkStart constitutes your acceptance of these terms, available at Terms. Violation of any terms may result in termination of your account and removal of your data.
By holding your SilkStart account you agree to be legally bound by all terms, policies and guidelines detailed or incorporated by reference in this document.we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SilkStart customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by SilkStart) of other SilkStart customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
SilkStart does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that SilkStart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SilkStart has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of SilkStart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SilkStart and govern your use of the Service, superceding any prior agreements between you and SilkStart (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to email@example.com.
2. General Usage Agreement
- You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
- You will not use SilkStart to send unsolicited e-mails or text messages. You will not use SilkStart to communicate anything offensive, to promote anything illegal, harass anyone, or distribute content which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
- You are responsible for configuring the System and ensuring it meets the needs of Your business. This includes testing pricing configurations, taxes, events, discounts and notifications.
3. Registration & System Accounts
- If you register for an account, you agree to (a) provide accurate, current and complete information, (b) maintain the security of your password and access keys; (c) maintain and promptly update the Registration Data, and any other information you provide to SilkStart, and to keep it accurate, current and complete.
- You are responsible for all activity on your SilkStart account, and for all charges incurred. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
- You are an acting guarantor for any additional administrator, manager, or staff accounts. You may create, and are responsible for ensuring they adhere to these Terms.
4. Data Protection, Ownership & Confidentiality
- All of Your account data is inherently owned by You. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not modify, redistribute or aggregate Your Data without prior consent from You.
- When processing transactions, we may disclose personal and transactional information to Payment gateways or other associated services. We do not rent, sell, share or disclose customer information to Third Parties without Your prior consent except as as compelled by law, or as expressly permitted in writing by You.
- You may export your data in part or whole at any time in several common portable formats, however once the data has left our system, it is no longer covered by our privacy and security policies.
- SilkStart reserves the right to access any or all of Your accounts in order to respond to Your requests for technical support, conduct systems audits and quality assurance.
- When your account is closed, Your entire database is removed from the active system and is no longer accessible. It may be archived in perpetuity for historical reporting.
- Additional information on your account may be retained in our customer management system for as long as reasonably required. This does not include personally identifiable information on Your customers, employees or detailed financial information of Your business.
5. Hosting, Security & Availability
SilkStart takes reliability and security very seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use SilkStart, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
6. Fees and Billing
- Fees and any other charges for the use of the Service are described on pricing page and in our customer contracts. They may change from time to time. If we change them, we will give you at least 30 days’ notice. Some price changes are not applied to existing accounts right away, however may at a later date. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
- Subscriptions are made available on a pay-as-you-go basis, but may be locked in for 12 months at a time at a discounted rate.
- You will automatically be billed monthly, unless otherwise stated on your invoice, starting on the day your account launched.
- For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. SilkStart does not accept any liability for such loss.
- Any refunds offered carry a 15% processing fee. This is to cover administrative costs and those charged by our payment processor.
- Each pricing level is designed to support a maximum number of active members. This allows us to allocate the appropriate resources to your account. If you go over your quota, you may be moved to the next available plan, unless otherwise stated in your contract agreement, and the primary account holder will be notified via e-mail.
Customer Service & Support
- We are committed to providing the best possible customer support while keeping our service affordable. Each of our plans come with a support agreement. Pay-as-you go support is available where not included as part of your plan. It’s important you choose a plan that is in-line with your support expectations, and takes into consideration the complexities of your business.
- We reserve the right to refuse support, or charge for excessive requests not in-line with your subscription, overly complex configurations or customization, or those out of the scope of and understanding of our general support staff.
Cancellation and Termination
- You are responsible for properly cancelling your account. The primary account owner (as defined in the sign-up procedure) can cancel the account at any time by contacting us at firstname.lastname@example.org. For security reasons, there are no other means of cancelling your account. All of your content will be immediately deleted from the Service however may remain in our archives for up to 30 days. You are given the opportunity to export all of your data before closing your account.
- If You cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customers.
- If your balance is outstanding for more than 60 days, your account may automatically be suspended. It is your responsibility to contact us and arrange an alternate payment source. Late payment fees may apply and are noted on your individual invoice.
- Notwithstanding any provision of these Terms, SilkStart reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Service, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the SilkStart API; (b) block or prevent your future access to and use of all or any portion of the Service and the rights of any third party to which you have granted access to your Subscriber content through the SilkStart API; (c) change, suspend or discontinue any aspect of the Service or Content; and (d) impose limits on the Service.
7. Third-Party Sites & Services
- SilkStart contains links and provides integrations to third-party Web sites and services (“Third-Party Sites”) e.g. Payment processors, that you may use in connection with your use of the Service. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
- SilkStart makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides links to them and integrations only as a convenience. Inclusion in the Service of a link to a Third-Party Site, Third-Party Content, or Third-Party Integration does not imply endorsement from SilkStart, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. SilkStart accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Services, Third-Party Sites, or Web sites linking to the Service. When you leave the Service, our terms and policies no longer exclusively govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Partner Programs & Promotions
- The SilkStart referral program is intended to credit customers who refer us new Clients. Referrals are paid out quarterly to active accounts in good standing. Expired, closed or trial accounts are not eligible for the referral program. We reserve the right to refuse payment on a referral if it does not comply with these terms of service or does not appear to be a genuine customer referral.
8. Professional Services
SilkStart may make available Professional Services outside of the general agreement of our subscriptions. This may include “pay as you go support”, system configuration, platform customizations and general consulting.
Notwithstanding any provision of these Terms the following applies to all Professional Services offered by SilkStart:
- We may require a non-refundable deposit or payment in full before extending or completing any extra services.
- SilkStart does not extend exclusive rights to any part of the Service, including custom development and training material.
- You may not re-sell, license or misrepresent customizations as your own.
- We reserve the right to offer any customizations commissioned to all members of our system in whole or part.
- Our Professional Services are not entitled to refunds unless otherwise specified in writing.
- We do our best to assign the appropriate resources to Professional Service engagements, but we make no warranties or guarantee a delivery time.
- We reserve the right to delay, suspend or revoke a Professional Service Agreement at any point during the engagement.
9. Logos and Trademarks
SILKSTART™ and SilkStart’s various logos used or displayed on the Service are trademarks of SilkStart and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the SilkStart products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
10. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall SilkStart be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, SIlkStart shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this terms of service between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
11. Amendment / Waiver
- No provision of this Agreement shall be deemed waived, amended or modified by You, unless such waiver, amendment or modification is in writing and signed by SilkStart. The failure of SilkStart to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by You of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of SilkStart to enforce each and every such provision thereafter.
- SilkStart reserves the right to modify the terms and conditions of this Agreement at any time without notice to You. SilkStart will promptly post any changes to these terms and conditions on its web site and it is Your responsibility to periodically review this Agreement for any changes to ensure that You understand and are in full compliance of these terms and conditions.
- SilkStart may assign or transfer these Terms of Service, in whole or in part, without restriction.
- If any provision of this Agreement is unenforceable or invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.
12. Governing Law
This Agreement shall be governed exclusively by the laws by the Province of British Columbia and the laws of Canada applicable therein, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You agree that any claim or suit against SilkStart arising out of or related to this Agreement must be brought non-exclusively in the Courts of the Victoria, British Columbia, and any competent Courts of Appeal therefrom.
13. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us.
SilkStart Technology Inc.