Last Updated: 10th December 2024
Terms of Service
These Terms of Service govern your access to and the use of our website, software, products, and services.
1. Introduction
Overview of the agreement and binding nature of the Terms.
These Terms and Conditions ("Terms") govern the purchase and use of products and services provided through silosset.com (the "Site"). These Terms are established by M-BASE Technologies (Pty) Ltd, operating under the brand "Silosset" ("Silosset," "we," "us," or "our" as applicable). By accessing or using our services, you acknowledge and agree to be bound by these Terms.
Silosset reserves the right to modify these Terms at any time, at our sole discretion, without prior notice. It is your responsibility to review these Terms periodically to stay informed of any updates. Continued use of our services constitutes acceptance of the revised Terms.
If you do not agree to any part of these Terms, you are prohibited from accessing or using our services. For any questions or concerns, please contact us at [email protected]. Unless mutually agreed otherwise in writing, these Terms remain fully enforceable as presented here. These Terms apply to all visitors, users, and others who interact with our services.
2. Definitions
Clear definitions for key terms like "Services," "User," "Account," "Content," etc.
2.1 Services:
Refers to the online platform, tools, features, and any related services provided by Silosset, including but not limited to asset registration, tracking, reporting, and integrations, as made available through the Site.
2.2 User:
Any individual, organization, or entity that accesses or uses the Services, whether by creating an account or otherwise.
2.3 Account:
A unique profile created by a User to access and use the Services, secured by login credentials such as an email address and password.
2.4 Content:
Includes any data, text, images, files, or other materials uploaded, shared, or otherwise made available by the User through the Services.
2.5 Subscription:
The paid or free plan under which a User accesses the Services, including details of usage limits, billing cycles, and features.
2.6 Site:
Refers to the website silosset.com and any subdomains or related domains used to access the Services.
2.7 Confidential Information:
Any non-public, proprietary information shared between Silosset and the User in connection with the use of the Services.
2.8 Third-Party Services:
External platforms, tools, or services integrated with or accessed through Silosset.
2.9 Billing Cycle:
The recurring period (e.g., monthly, annually) at which fees for paid Subscriptions are charged.
3. Eligibility
Requirements for users (e.g., age, jurisdictional restrictions).
3.1 Minimum Age:
You must be at least 18 years old, or the age of majority in your jurisdiction, to access or use our Services. By agreeing to these Terms, you confirm that you meet this age requirement.
3.1 Authority to Agree:
If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3.4 Compliance with Laws:
You may only use the Services in compliance with all applicable laws, regulations, and industry standards in your jurisdiction.
3.5 Restrictions:
The Services are not available to Users who have been previously suspended or removed by Silosset, or to Users in jurisdictions where the provision of the Services is prohibited by law.
3.6 Account Registration Requirements:
To access certain features of the Services, you must create an account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials.
4. Services Provided
Silosset provides a cloud-hosted asset management platform designed to help organizations efficiently manage and track their physical and digital assets. The Services include, but are not limited to, the following features:
4.1 Asset Registration and Tracking:
Tools for registering, categorizing, and monitoring assets, including their location, status, and ownership.
4.2 Financial Insights and Reporting:
Capabilities to track asset costs, calculate depreciation, and generate detailed financial reports.
4.3 Custom Fields and Data Management:
Flexibility to add custom fields for assets, invoices, warranties, and other organizational needs.
4.4 Maintenance and Auditing:
Scheduling and tracking of maintenance activities, as well as performing and logging audits.
4.5 Tagging and Identification:
Generation of unique asset tags or QR codes to simplify asset tracking and ensure accurate identification.
4.6 Team Collaboration:
Role-based permissions and user access controls to facilitate secure collaboration across teams and departments.
4.7 Integrations with Third-Party Services:
Seamless connections to external platforms and APIs for enhanced functionality and workflow automation.
4.8 Secure, Scalable Infrastructure:
A highly secure, scalable platform hosted on Google Cloud Platform with advanced encryption and compliance with industry standards.
4.9 Continuous Improvements:
Silosset is continually evolving, with new features, enhancements, and integrations introduced to provide a best-in-class asset management experience.
5. Account Registration and Responsibilities
Details about creating an account, maintaining account security, and user responsibilities.
5.1 Account Creation:
To access certain features of the Services, you must create an account by providing accurate, current, and complete information during the registration process. You agree to keep your account information up to date at all times.
5.2 Account Security:
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. Any activity conducted through your account is your responsibility. Notify us immediately at [email protected] if you suspect unauthorized use of your account.
5.3 Responsibility for Activity:
All actions taken under your account are considered your responsibility. You must ensure that your use of the account complies with these Terms and all applicable laws and regulations.
5.4 One Account Per User:
You may only create and maintain one account per individual or entity unless explicitly authorized by Silosset. Duplicate accounts may be suspended or removed without notice.
5.5 Prohibited Activities:
You may not share your account credentials with others, allow unauthorized access, or use your account for illegal or unauthorized purposes.
5.6 Termination of Account:
Silosset reserves the right to suspend or terminate your account at any time, with or without cause, if we believe there has been a violation of these Terms or applicable laws, or if your actions risk harm to the Services, other users, or our business operations.
6. Acceptable Use Policy
Guidelines for appropriate use of the platform and prohibited activities.
6.1 Compliance with Laws:
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards in your jurisdiction.
6.2 Prohibited Activities:
You must not:
- Use the Services to upload, transmit, or store illegal, harmful, or objectionable content.
- Engage in any activity that disrupts or interferes with the proper functioning of the Services or the experience of other users.
- Attempt to gain unauthorized access to the Services, user accounts, or Silosset's infrastructure.
- Misrepresent your identity or impersonate another individual or entity.
- Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Services.
6.3 Fair Use:
Your use of the Services must not place an unreasonable or excessive load on our infrastructure, and you may not use automated means to access or interact with the platform without prior authorization.
6.4 User Content Responsibility:
You are responsible for all content uploaded, transmitted, or stored through your account. You must ensure that your content does not violate the rights of others, including intellectual property, privacy, and confidentiality.
6.5 Reporting Violations:
If you become aware of any violation of this Acceptable Use Policy, please report it to [email protected]. We reserve the right to investigate and take appropriate action, including suspending or terminating accounts involved in violations.
7. Pricing and Payment Terms
Information on subscription plans, pricing, billing cycles, and payment methods.
7.1 Subscription Plans:
Silosset offers various subscription plans to accommodate different user needs. Details of each plan, including features, limits, and pricing, are available on our Pricing page. You may select the plan that best suits your requirements.
7.2 Billing Cycles:
Subscriptions are billed on a recurring basis, either monthly or annually, depending on the plan you select. Your billing cycle begins on the date of subscription activation. Any changes to your billing cycle will be communicated to you in advance.
7.3 Payment Methods:
Payments can be made via credit card or other accepted methods as displayed during checkout. By providing payment information, you authorize Silosset to charge the applicable fees to your selected payment method.
7.4 Auto-Renewal:
Subscriptions automatically renew at the end of each billing cycle unless canceled. You will be charged the applicable subscription fees unless you disable auto-renewal through your account settings before the next billing date.
7.5 Changes to Pricing:
Silosset reserves the right to modify subscription fees or introduce new charges. Any pricing changes will be communicated to you in advance, and you will have the option to continue or cancel your subscription.
7.6 Refunds:
Subscription fees are non-refundable except as required by law or in cases where Silosset fails to provide the Services as described. Refund requests can be submitted to [email protected].
7.7 Failed Payments:
If a payment fails due to insufficient funds or other issues, Silosset may suspend or restrict access to the Services until payment is successfully processed.
8. Trial and Cancellation Policy
Terms for free trials, subscription renewals, and cancellation processes.
8.1 Free Trials:
Silosset may offer free trial periods for certain subscription plans. The duration and terms of the trial will be specified at the time of signup. Upon the trial's expiration, you will be charged for the selected plan unless you cancel before the trial ends.
8.2 Automatic Renewal:
Subscriptions, including those activated after a free trial, automatically renew at the end of each billing cycle. Charges for the renewal will be made to your selected payment method unless you cancel your subscription before the renewal date.
8.3 Cancellation Process:
You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Services until the end of your current billing cycle. No further charges will be made unless you reactivate your subscription.
8.4 Refund Policy:
Subscription fees are generally non-refundable. However, if you believe there has been an error or issue with the Services, you may contact [email protected] to request a refund review. Refunds, if approved, are at Silosset's sole discretion.
8.5 Early Termination by Silosset:
Silosset reserves the right to terminate any free trial or subscription at any time for violations of these Terms or other applicable policies. If terminated by Silosset, you may be eligible for a prorated refund of unused subscription time.
8.6 Transition from Trial to Paid Plan:
If you wish to continue using Silosset after the trial period, you must provide valid payment details and select a subscription plan. Failure to do so will result in restricted access to the Services.
9. Ownership and Intellectual Property Rights
Silosset's ownership of the platform and rights to user-generated content.
9.1 Ownership of the Platform:
Silosset, operated by M-BASE Technologies (Pty) Ltd, owns all rights, title, and interest in and to the platform, including its design, functionality, features, and underlying technology. These rights are protected by intellectual property laws and international treaties.
9.2 Trademarks:
All logos, trademarks, service marks, and trade names associated with Silosset are the exclusive property of M-BASE Technologies (Pty) Ltd. You may not use these marks without our prior written consent.
9.3 User-Generated Content:
By submitting, uploading, or otherwise making content available through the platform, you grant Silosset a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and modify such content solely to operate and improve the Services. You retain ownership of all rights to your content.
9.4 Responsibility for Content:
You represent and warrant that you have the necessary rights, licenses, and permissions to upload or share content through the Services. Silosset is not liable for any user-generated content that infringes on third-party rights.
9.5 Restrictions on Use:
You may not copy, modify, distribute, sell, or lease any part of the platform or its content without explicit written permission from Silosset.
9.6 Feedback and Suggestions:
Any feedback, suggestions, or ideas you provide to Silosset in connection with the Services will be considered non-confidential. Silosset is free to use such feedback without restrictions or compensation to you.
9.7 Reservation of Rights:
Silosset reserves all rights not expressly granted to you under these Terms. Access to the platform is provided on a limited, non-exclusive, revocable basis solely for the purposes outlined in these Terms.
10. Data Privacy and Security
Reference to the Privacy Policy, data handling practices, and user consent.
10.1 Compliance with Privacy Laws:
Silosset is committed to protecting your data and complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other relevant privacy regulations.
10.2 Privacy Policy:
Our Privacy Policy outlines how we collect, use, and protect your personal data. By using our Services, you consent to the data practices described in the Privacy Policy.
10.3 User Consent:
By accessing and using the Services, you consent to the collection and processing of your data as described in the Privacy Policy, including the use of cookies and other tracking technologies.
10.4 Data Security Measures:
Silosset employs advanced security measures, including encryption, firewalls, and secure access protocols, to protect your data. Despite these measures, we cannot guarantee absolute security and encourage you to safeguard your account credentials.
10.5 Data Sharing and Third Parties:
We may share your data with trusted third-party service providers as necessary to deliver the Services. All such third parties are bound by strict data protection agreements to ensure your data is handled securely.
10.6 User Responsibilities:
You are responsible for maintaining the confidentiality of your account information and for complying with all applicable data privacy laws when using our Services.
10.7 Data Breaches:
In the event of a data breach that affects your personal information, Silosset will promptly notify you and take all necessary measures to mitigate the breach as required by law.
10.8 Data Retention:
We retain your data only for as long as necessary to provide the Services or as required by applicable law. You may request the deletion of your data by contacting [email protected].
10.9 Updates to Privacy Practices:
Any changes to our privacy practices will be reflected in an updated Privacy Policy. Continued use of the Services after changes are made constitutes your acceptance of the revised policy.
11. Third-Party Services and Integrations
Terms governing the use of integrations with third-party services.
11.1 Use of Third-Party Services:
Silosset may integrate with third-party services to enhance functionality and provide additional features. By using these integrations, you agree to comply with the terms and conditions of the respective third-party providers.
11.2 Data Sharing with Third Parties:
To enable integrations, Silosset may share limited data with third-party services, such as user account details or asset information. Such data sharing will comply with our Privacy Policy and applicable data protection laws.
11.3 No Control Over Third-Party Services:
Silosset does not own or control third-party services. We are not responsible for their availability, functionality, or any issues arising from their use, including data breaches or loss.
11.4 User Responsibility:
You are responsible for ensuring that your use of third-party services complies with all applicable laws, as well as the terms and conditions of those services.
11.5 Limitations of Liability:
Silosset is not liable for any damages, losses, or issues arising from the use of third-party services, even if accessed through our platform.
11.6 Termination of Integrations:
Silosset reserves the right to modify, suspend, or terminate any integration with third-party services at any time without prior notice.
11.7 Updates and Compatibility:
Silosset will endeavor to maintain compatibility with third-party integrations but cannot guarantee uninterrupted or error-free use due to changes made by third-party providers.
11.8 Feedback and Issues:
If you experience issues with third-party integrations, you can report them to [email protected]. While we will make reasonable efforts to assist, resolution may require direct communication with the third-party provider.
12. Disclaimers of Warranties
Limitations of liability and disclaimers about guarantees of uninterrupted service.
12.1 Services Provided "As Is":
The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.2 No Guarantee of Uninterrupted Service:
While we strive to ensure the Services are available and operational at all times, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, updates, or unforeseen circumstances may result in temporary downtime.
12.3 Data Accuracy and Security:
Silosset does not warrant the accuracy, completeness, or reliability of any data processed or stored on the platform. Although we employ advanced security measures, we cannot guarantee the complete security of your data against unauthorized access, loss, or theft.
12.4 Third-Party Services:
Silosset is not responsible for the performance, functionality, or reliability of third-party services integrated with the platform. Use of such services is at your own risk.
12.5 User Responsibility:
You are responsible for ensuring the Services meet your requirements before use. Any reliance you place on the accuracy or functionality of the platform is at your own risk.
12.6 Disclaimer of Legal or Financial Advice:
The Services provided by Silosset are intended for informational and operational purposes only. They do not constitute legal, financial, or professional advice. Users should consult appropriate professionals for specific advice tailored to their needs.
12.7 Limitation of Implied Warranties:
Where applicable laws do not allow the exclusion of implied warranties, such warranties are limited to the minimum extent permitted by law.
13. Limitation of Liability
Scope of liability and damages for both users and the company.
13.1 Exclusion of Certain Damages:
To the fullest extent permitted by law, Silosset and its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Services.
13.2 Maximum Liability:
In no event shall Silosset's total liability to you for all claims, damages, losses, or causes of action exceed the amount you paid to Silosset in the 12 months preceding the event giving rise to the claim. If no payments were made, Silosset's liability is limited to USD 50.
13.3 No Liability for Third-Party Actions:
Silosset is not liable for any actions, omissions, or negligence of third parties, including other users or service providers integrated with the platform.
13.4 User Responsibility:
You are solely responsible for any damages or losses arising from your use of the Services, including misuse, unauthorized access, or failure to comply with these Terms.
13.5 No Liability for Unforeseen Events:
Silosset is not liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of war, government actions, or internet disruptions.
13.6 Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such cases, Silosset's liability shall be limited to the minimum extent permissible under applicable law.
13.7 Indemnification:
You agree to indemnify and hold harmless Silosset and its affiliates from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Services.
14. Indemnification
User obligations to indemnify Silosset for certain actions or claims.
14.1 Indemnity Agreement:
You agree to indemnify, defend, and hold harmless Silosset, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the Services in violation of these Terms.
- Your breach of any law, regulation, or the rights of a third party.
- Your content or data uploaded, transmitted, or shared through the Services.
- Any misuse or unauthorized access to the Services through your account.
14.2 Cooperation:
Silosset reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully as reasonably required in the defense of such matter.
14.3 Notification:
Silosset will promptly notify you of any claim or liability subject to indemnification. Failure to promptly notify you will not waive Silosset's rights to indemnification except to the extent your ability to defend the claim is materially prejudiced by the delay.
14.4 No Settlement Without Consent:
You may not settle any claim that imposes any obligation, liability, or admission of wrongdoing on Silosset without Silosset's prior written consent.
15. Termination of Service
Conditions under which accounts can be suspended or terminated.
15.1 Termination by Silosset:
Silosset reserves the right to suspend or terminate your account or access to the Services at any time, with or without cause, including but not limited to:
- Violation of these Terms or any applicable law.
- Engagement in fraudulent, abusive, or harmful activities.
- Non-payment of subscription fees or other applicable charges.
- Actions that threaten the security, integrity, or functionality of the Services.
15.2 Termination by User:
You may terminate your account or cancel your subscription at any time through your account settings. Upon termination, you will retain access to the Services until the end of your current billing cycle unless otherwise specified.
15.3 Effect of Termination:
Upon termination of your account:
- You will no longer have access to the Services or your account data.
- Any outstanding fees or charges will remain due and payable.
- Silosset may delete or archive your data in accordance with its Privacy Policy.
15.4 Reinstatement:
Reinstatement of a suspended or terminated account is at Silosset's sole discretion and may require you to address the issues that led to termination.
15.5 Survival of Terms:
Certain provisions of these Terms, including but not limited to ownership, indemnification, and limitation of liability, will survive the termination of your account or access to the Services.
15.6 Notification:
Silosset will make reasonable efforts to notify you of account suspension or termination, except in cases where immediate action is required to protect the Services or other users.
16. Governing Law and Dispute Resolution
Jurisdiction, applicable law, and methods for resolving disputes (e.g., arbitration).
16.1 Governing Law:
These Terms, and any disputes arising from or relating to them or the Services, shall be governed by and construed in accordance with the laws of Namibia, without regard to its conflict of law principles.
16.2 Jurisdiction:
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Windhoek, Namibia. You consent to the jurisdiction and venue of such courts.
16.3 Alternative Dispute Resolution:
In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations. If a resolution cannot be reached within 30 days, the dispute may be referred to binding arbitration.
16.4 Arbitration:
Arbitration shall be conducted in accordance with the rules of a recognized arbitration institution agreed upon by both parties. The arbitration shall take place in Windhoek, Namibia, and the decision of the arbitrator shall be final and binding.
16.5 Class Action Waiver:
To the fullest extent permitted by law, disputes must be resolved on an individual basis. You agree not to bring any claims as a plaintiff or class member in any purported class or representative action.
16.6 Injunctive Relief:
Notwithstanding the foregoing, Silosset reserves the right to seek injunctive or equitable relief in any jurisdiction to prevent the unauthorized use of its intellectual property or Services.
16.7 Fees and Costs:
Each party shall bear its own arbitration or litigation costs unless otherwise awarded by the arbitrator or court.
17. Changes to the Terms
Procedures for updating the Terms and how users will be notified.
17.1 Right to Modify:
Silosset reserves the right to update or modify these Terms at any time at its sole discretion. Changes may be necessary to reflect updates to our Services, legal requirements, or business practices.
17.2 Notification of Changes:
In the event of significant changes to these Terms, we will notify you by email, through the platform, or via a prominent notice on our website. The notification will include the updated Terms and the effective date of the changes.
17.3 Acceptance of Updated Terms:
By continuing to access or use the Services after the updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, you must stop using the Services.
17.4 Review of Terms:
We encourage you to review these Terms periodically to stay informed of any changes. A link to the current version of the Terms will always be available on our website.
17.5 Effective Date:
All changes to the Terms will take effect on the date specified in the updated Terms. If no effective date is specified, the changes will take effect immediately upon publication.
17.6 Contact for Questions:
If you have any questions or concerns about changes to these Terms, please contact us at [email protected].
18. Force Majeure
Exemptions for service interruptions due to circumstances beyond Silosset's control.
18.1 Definition of Force Majeure:
Silosset shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, government actions, labor disputes, internet or telecommunication failures, or pandemics.
18.2 Suspension of Obligations:
During any Force Majeure event, Silosset's obligations under these Terms will be suspended to the extent necessary. Silosset will make reasonable efforts to resume full performance as soon as the event is resolved.
18.3 Notification:
Silosset will provide notice to affected users of the Force Majeure event as soon as practicable, including an explanation of the impact on Services and the expected duration of the disruption.
18.4 User Responsibilities:
Users acknowledge that Force Majeure events may disrupt access to the Services and agree that such interruptions shall not constitute a breach of these Terms by Silosset.
18.5 No Liability:
Silosset shall not be liable for any damages, losses, or claims arising from its inability to fulfill obligations due to a Force Majeure event.
18.6 Termination Due to Extended Force Majeure:
If a Force Majeure event continues for more than 60 days, either party may terminate the affected Services without liability by providing written notice to the other party.
19. Entire Agreement
A statement that the Terms constitute the complete agreement between the parties.
19.1 Complete Agreement:
These Terms, along with our Privacy Policy and any additional agreements explicitly referenced herein, constitute the entire agreement between you and Silosset regarding your use of the Services. They supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral, relating to the Services.
19.2 No Waiver:
Silosset's failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other rights outlined herein.
19.3 Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
19.4 Amendments:
Any amendments to these Terms must be made in writing and signed by an authorized representative of Silosset. Oral agreements or modifications shall not be binding.
19.5 Assignment:
You may not assign or transfer your rights or obligations under these Terms without prior written consent from Silosset. Silosset may assign or transfer its rights and obligations without restriction.
20. Contact Information
Details on how users can reach out for questions or concerns about the Terms.
20.1 How to Contact Us:
If you have any questions, concerns, or feedback regarding these Terms, please contact Silosset using the information below:
- Email: [email protected]
- Mailing Address: 15 Axali Doeseb Street, Windhoek, Namibia
20.2 Support Availability:
Our support team is available during standard business hours (Monday to Friday, 9:00 AM to 5:00 PM CAT) to address your inquiries.
20.3 Response Times:
We aim to respond to all inquiries within two business days. Complex issues may require additional time for investigation and resolution.
20.4 Changes to Contact Information:
Any updates to our contact information will be reflected in these Terms and on our website. We encourage you to check periodically for updates.