Thank you for your interest in these Software as a Service (SaaS) Terms (these “Terms”). These Terms constitute a legal agreement between you and Ask Silver Limited governing the use of Silver our SaaS solution and our Services.
1. ABOUT US
1.1. We are Ask Silver Limited, 21 Inglewood Road, London, United Kingdom, NW6 1QT (“Ask Silver Limited”, “we”, “us”, “our”).
1.2. We operate Silver our SaaS solution (our “SaaS”) and its underlying functions through our WhatsApp based infrastructure (our “Portal”) and AI supported scam checking tool (our “Services”).
1.3. To contact us, please email us at hello@ask-silver.com or write to us at the above address.
1.4. The following also apply to these Terms and form an integral part of these Terms:
1.4.1.Our Privacy Policy, and
1.4.2.Our AI Statement and Disclaimer.
1.5. These Terms were last updated on Friday, 23rd of August, 2024, and are the current and valid version.
2. GENERAL TERMS
2.1. We license use of our Services to you on the basis of these Terms.We do not sell our Services to you, and we remain the owner of our Services at all times.
2.2. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
2.3. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
2.4. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
2.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Portal and Services at any time, or remove or edit content (including content submitted by you) on our Portal and Services or on any of our affiliated websites (including social media pages).
2.6. We reserve the right to change, modify, suspend or discontinue any portion of these Terms, the Services, our Portal or any other products, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
2.7. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
3. YOUR ACCESS TO OUR SERVICES
3.1. By registering for our Services, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Portal, you agree and acknowledge that:
3.1.1.you are at least 18 years of age and not a minor in your country of residence;
3.1.2.you have read the terms set out in these Terms and agree to be bound by and comply with them.
4. LICENSE
4.1. We grant you a personal, non-exclusive, non-assignable and non- transferable right to access and to use the Service within the limits determined by us.
4.2. The license is granted for the sole and exclusive purpose of enabling you to use the Service for your personal use purposes to the exclusion of any other purpose including commercial use.
4.3. The right of use shall mean the right to represent and implement the Service in accordance with its intended purpose, in Software as a Service (SaaS) mode via a connection to an electronic communications network Portal.
5. AVAILABILITY
5.1. Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.
5.2. You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.
6. END OF LIFE
We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event.
7. SERVICE LEVELS AND SUPPORT
7.1. During the Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our Portal and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.
7.2. We have no obligation to provide any support:
7.2.1.for anything other than our Services;
7.2.2.if you or a third party has altered or modified any portion of the Services;
7.2.3.if you have not used the Services in accordance with the documentation or instructions provided by us;
7.2.4.to anyone other than you.
7.3. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.
8. PROPRIETARY RIGHTS
8.1. You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our Services.
8.2. You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
9. UPLOADING CONTENT
9.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Portal complies with our Privacy Policy, the UK`s Data Protection Act (“DPA”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
9.2. You are fully responsible for your content uploaded to our Services. We will not be responsible, or liable to any third party, for:
9.2.1.the content or accuracy of any content or data uploaded or produced by you using the Services; or
9.2.2.the loss of any content or data uploaded or produced by you using the Services. You should keep a record of all such content and data.
9.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content or data uploaded or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.4. We may use the content or data uploaded or produced by you using the Services for the purpose of data analytics or to further develop our Services or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of our Portal.
9.5. We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.
10. PROHIBITED USES
10.1. You may use our Services only for lawful purposes. You may not use our Services:
10.1.1. in any way that breaches any applicable local or international laws or regulations;
10.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
10.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.2. You also agree:
10.2.1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
10.2.2. not to access without authority, interfere with, damage or disrupt:
10.2.3. any part of our Services;
10.2.4. any equipment or network on which our Portal and Service is stored;
10.2.5. any software used in the provision of our Services; or
10.2.6. any equipment or network or software owned or used by any third party.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
11.2. Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of our Portal.
11.3. You acknowledge that you have no right to have access to our Services in source code form.
12. THIRD PARTY PROVIDERS
You acknowledge that the Services require access to, content of, correspond with, services from third parties in particular WhatsApp, Twilio, Open AI, Dropbox, Airtable. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party services, or any transactions completed, and any contract entered into by you, with any such third party.
13. WARRANTIES
13.1. While we make all efforts to maintain the accuracy of the information on our Portal, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
13.2. Ask Silver makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Services and on our Portal.
13.3. Ask Silver cannot guarantee that the AI generated content and information and content and the provision of the content of our Services and on our Portal will always be correct or fault, error and virus free.
13.4. Ask Silver does not accept liability for incorrect content or errors and omissions in Services and on our Portal or its content (whether of legal, typographical, technical, or other nature).
13.5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Portal or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Portal, the related content, or electronic communications sent by us are free of viruses or other harmful components.
13.6. As part of the services, you may have access to AI-generated content and information. Any information about and generated by AI is provided on an “as is” basis. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness, or correctness of any AI-generated content and information.
13.7. The AI-generated content and information is provided for general information purposes only and is not intended to constitute or substitute legal or other professional advice of any kind whatsoever. The AI-generated content and information is not intended or implied to be a substitute for professional advice.
13.8. You are encouraged to confirm any information obtained from or through Silver with other sources and review all information provided. Please do not disregard professional advice or delay seeking advice because of something you have read on our website or in the AI-generated content and information.
13.9. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the AI-generated content and information, and other content produced by Silver.
13.10. We cannot guarantee that the AI-generated content and information and the provision of the content produced by Silver will always be correct or fault, and error free.
13.11. We do not accept liability for incorrect content or errors and omissions in AI-generated content and information produced by Silver (whether of legal, typographical, technical, or other nature).
13.12. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to Silver and the AI-generated content and information, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
14. LIMITATION OF LIABILITY
14.1. We are not liable for the completeness, accuracy or correctness of any information and any related content in our Services and on our Portal. You expressly agree that your use of the Services and our Portal, including reliance on any content and information, is at your sole risk.
14.2. You agree not to use the Services, our Portal and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Portal or any other website or software) for:
14.2.1. loss of profits, sales, business, or revenue;
14.2.2. business interruption;
14.2.3. loss of anticipated savings;
14.2.4. loss or corruption of data or information;
14.2.5. loss of business opportunity, goodwill or reputation; or
14.2.6. any other indirect or consequential loss or damage.
14.3. Nothing in these Terms shall limit or exclude our liability for:
14.3.1. death or personal injury resulting from our negligence;
14.3.2. fraud; and/or
14.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
14.4. Our Portal is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
14.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Portal. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Portal which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
15. INDEMNITY
You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Portal, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
16. FORCE MAJEURE
We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.
17. OTHER IMPORTANT TERMS
17.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
17.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.7. The Parties shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations. If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure, online or offline, and in the English language. If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
17.8. These Terms shall be governed by and construed in accordance with the laws of England and Wales.