RADAR108

MySilsila Terms

<div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'>Welcome to www.mysilsila.com (the “Site”). We are 108Digital llc. ( “MySilsila,” “we” and “us”). Please read on to learn the rules and restrictions that govern your use of the Site and the website(s), products, services and applications offered by us (collectively, the “Services”). These Terms of Use (“TOU”) contain the terms under which MySilsila and its affiliates provide their Services to you and describe how the Services may be accessed and used.MySilsila provides a variety of different services. Additional service-specific terms and policies(including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. You can view a full list of Additional Terms in our Legal Center. We refer to the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.1. Fees and Payments1.1. Fees for Services.You agree to pay to MySilsila any fees for each service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify MySilsila of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.1.2. Subscriptions.Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.1.3. Taxes.Unless otherwise stated, you are responsible for any taxes (other than MySilsila’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay MySilsila for the Services without any reduction for Taxes. If MySilsila is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide MySilsila with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to MySilsila, you must provide MySilsila with an official tax receipt or other appropriate documentation to support such payments.1.4. Price Changes.MySilsila may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. MySilsila will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.1.5. Overage Fees.Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.</div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'>2. Privacy2.1. Privacy.In the course of using the Services, you may submit content to MySilsila (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. MySilsila’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “MySilsila privacy policies”), detail how we treat your Content (including your personal data) and we agree to adhere to those MySilsila privacy policies. You in turn agree that MySilsila may use and share your Content in accordance with the MySilsila privacy policies and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the MySilsila privacy policies.2.2. Confidentiality.MySilsila will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the MySilsila privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by MySilsila); (b) was lawfully known to MySilsila before receiving it from you; (c) is received by MySilsila from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by MySilsila without reference to your Content. MySilsila may disclose your Content when required by law or legal process, but only after MySilsila, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.2.3. Security.MySilsila will store and process your Content in a manner consistent with industry security standards. MySilsila has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.3. Your Content3.1. You Retain Ownership of Your Content.You retain ownership of all of your intellectual property rights in your Content. MySilsila does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.3.2. Limited License to Your Content.You grant MySilsila a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the MySilsila privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of MySilsila’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide MySilsila with feedback about the Services, we may use your feedback without any obligation to you.3.3. Customer Lists.MySilsila may identify you (by name and logo) as a MySilsila Services on MySilsila and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.4. MySilsila IP4.1. MySilsila IP.Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).5. User Content5.1. User Content.The Services display content provided by others that is not owned by MySilsila. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. MySilsila is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.5.2. Content Review.You acknowledge that, in order to ensure compliance with legal obligations, MySilsila may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, MySilsila otherwise has no obligation to monitor or review any content submitted to the Services.5.3. Third Party Resources.MySilsila may publish links in its Services to internet websites maintained by third parties. MySilsila does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.6. Account Management6.1. Keep Your Password Secure.If you have been issued an account by MySilsila in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not MySilsila, are responsible for any activity occurring in your account (other than activity that MySilsila is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify MySilsila immediately. Accounts may not be shared and may only be used by one individual per account.6.2. Keep Your Details Accurate.MySilsila occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.6.3. Remember to Backup.You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, MySilsila will not be liable for any failure to store, or for loss or corruption of, your Content.6.4. Account Inactivity.MySilsila may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.6.5. Customer Success.MySilsila may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.</div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'>7. User Requirements7.1. Legal Status.If you are an individual, you may only use the Services if you have the power to form a contract with MySilsila. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.7.2. Minors“Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.7.3. EmbargoesYou may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from MySilsila. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.8. Acceptable Uses8.1. Legal Compliance.You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.8.2. Your Responsibilities.You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.(c) You may not circumvent or attempt to circumvent any limitations that MySilsila imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).(d) Unless authorized by MySilsila in writing, you may not probe, scan, or test the vulnerability of any MySilsila system or network.(e) Unless authorized by MySilsila in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. MySilsila will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to MySilsila.(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.(j) Unless authorized by MySilsila in writing, you may not resell or lease the Services.(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless MySilsila has agreed with you otherwise. You may not use the Services in a way that would subject MySilsila to those industry-specific regulations without obtaining MySilsila’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with MySilsila that permits you to do so.(l) You may not register accounts by “bots” or other automated methods, unless it is via an API authorized by us.(m) Your Content and use of the Services may not violate our Content Policy.9. PCI Compliance9.1. PCI Standards.If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). MySilsila provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.9.2. Cardholder Data.MySilsila is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. MySilsila has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where MySilsila explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.10. Suspension and Termination of Services10.1. By You.You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one.If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.10.2. By MySilsila.MySilsila may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. MySilsila may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. MySilsila may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after MySilsila has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, MySilsila may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where MySilsila may decide that we need to take immediate action without notice. MySilsila will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. MySilsila has no obligation to retain your Content upon termination of the applicable Service.10.3. Further Measures.If MySilsila stops providing the Services to you because you repeatedly or egregiously breach these Terms, MySilsila may take measures to prevent the further use of the Services by you, including blocking your IP address</div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'>11. Changes and Updates11.1. Changes to Terms.MySilsila may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the MySilsila website. If an amendment is material, as determined in MySilsila’s sole discretion, MySilsila will notify you by email. Notice of amendments may also be posted to MySilsila’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require MySilsila to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.11.2. Changes to Services.MySilsila constantly changes and improves the Services. MySilsila may add, alter, or remove functionality from a Service at any time without prior notice. MySilsila may also limit, suspend, or discontinue a Service at its discretion. If MySilsila discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. MySilsila may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.11.3. Downgrades.Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.12. Disclaimers and Limitations of Liability12.1. Disclaimers.While it is in MySilsila’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND MySilsila DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.12.2. Exclusion of Certain Liability.TO THE EXTENT PERMITTED BY APPLICABLE LAW, MySilsila, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MySilsila HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.12.3. Limitation of Liability.TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF MySilsila, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO MySilsila FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.12.4. Consumers.We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.12.5. Businesses.If you are a business, you will indemnify and hold harmless MySilsila and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.13. Contracting Entity13.1. Who you are contracting with.Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, MySilsila Inc.13.2. MySilsila.For any Service provided by MySilsila., the following provisions will apply to any terms governing that Service:•Contracting Entity. References to “108Digital”, “we”, “us”, and “our” are references to MySilsila., located at 31 Country Way, Bethel, CT 06801, USA.•Governing Law. Those terms are governed by the laws of the State of Connecticut (without regard to its conflict of laws provisions).•Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Fairfield County, Connecticut14. Other Terms14.1. Assignment.You may not assign these Terms without 108Digital’s prior written consent, which may be withheld in 108Digital’s sole discretion. 108Digital may assign these Terms at any time without notice to you.14.2. Entire Agreement.These Terms (including the Additional Terms) constitute the entire agreement between you and 108Digital, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.14.3. Independent Contractors.The relationship between you and 108Digital is that of independent contractors, and not legal partners, employees, or agents of each other.14.4. Interpretation.The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.14.5. No Waiver.A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.14.6. Precedence.To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.14.7. Severability.If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.14.8. Third Party Beneficiaries.There are no third party beneficiaries to these Terms.14.9. Survival.The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15.15. LanguageThese Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.</div>

Posted on 1/30/24

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