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Terms

TERMS & CONDITIONS:

Thank you for using Unsilo.me! By creating an account on Unsilo.me you are agreeing to the following terms and Conditions:

LEGAL

We make it our priority to provide a service that is useful to our customer without being too invasive. Please read this Terms carefully before using our service. Read about our Terms and Conditions and Privacy policy below.

1. ACCEPTANCE OF TERMS

1.1 YREEKA Pty Ltd the developer and owner of app.unsilo.me and unsilo.me (referred to here as “the supplier”) provides its service (as defined below) to you (“You”) through its web site located at unsilo.me and app.unsilo.me (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority or if You do not agree with this TOS, You may not use the Service.

1.2 The supplier may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://unsilo.me/terms. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat Your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, Your only remedy is to stop accessing and using the Service.

2. DESCRIPTION OF SERVICE

The “Service” includes access to (a) the Site, (b) the SaaS app.unsilo.me business system, tools, features, functionality and services provided through the Site, (c) configuration, setup and other such training services, if You purchase such services; and (d) all software, data, text, images, sounds, video, and content made available through the Site (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.

3. GENERAL CONDITIONS/ACCESS AND USE OF THE SERVICE

3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the agreement (“Agreement”). You shall not allow any unauthorized user to access or use the Service. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) copy, modify or distribute any portion of the Service; (c) use the Service to process data on behalf of any third party; or (d) 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.

3.2 Subject to Your compliance with this TOS, the supplier grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with Your permitted use of the Service and solely for Your internal business purposes

3.3 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to the supplier. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with the supplier, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

3.4 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service (“Your Content”). You will not send bulk unsolicited email through the Service. 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. The supplier reserves the right to access any or all your accounts in order to respond to your requests for technical support.

3.5 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; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the suppliers third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

3.6 The failure of the supplier to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and the supplier, even though it is electronic and is not physically signed by You and the supplier, and it governs Your use of the Service and takes the place of any prior agreements between You and the supplier.

3.7 As between the supplier and You, the Service and Content (except Your Content) and all intellectual property rights therein are the exclusive property of the supplier. You or Your licensors own all intellectual property rights in Your Content. Each party reserves all rights not expressly granted to the other party under this TOS or the Agreement.

3.8 You understand and accept that all searches you make are linked to your account and IP address. The information we collect in this manner can be held indefinitely and shared with investigators at our own discretion if needed, even if not required by law; we reserve the right to terminate your account at any moment and for any reason we find reasonable, without notice, and with no refunds.

4. USING THE SERVICES

4.1 Establishing an Account. You understand that certain features, functions, parts or elements of app.unsilo.me’s Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

  1. complete the sign-up form on the Web Site or alternative process provided by a Reseller if access to app.unsilo.me Services is purchased from a Reseller or affiliate; and
  2. accept these Terms by clicking “Sign up” or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If you have designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. The supplier is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, the supplier may, in its discretion, request additional information or proof of the person’s credentials. If Yreeka is not certain if a User has been granted Authorization, the supplier may, in its sole discretion, prevent such User from accessing the app.unsilo.me Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

You and any User associated with an Account must provide the supplier with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

4.2 Logging Into an Account. The supplier shall provide you with a username and password (“Login Credentials”) to be used to log into your Account. These Login Credentials must not be used by multiple persons. If you have designated several Users, each User will be provided with separate Login Credentials. You and each User are responsible for keeping confidential all login credentials associated with an Account. You must promptly notify the supplier:

  1. of any disclosure, loss or unauthorized use of any Login Credentials;
  2. of a User’s departure from the Client’s organization;
  3. of a change in a User’s role in the Client’s organization;
  4. of any termination of a User’s right for any reason.

4.3 Termination of Account. You may terminate these Terms at any time, the supplier shall permanently delete the Account within 30 days of the effective date of the termination. If You have elected to utilize a Paid Package, You will be billed monthly/annually after the free-trial. You can cancel a Paid Package at any time and You will not be billed again. To do this you will need to email support@unsilo.me.

4.4 Free Trial. A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Supplier in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 30 days as of the expiry of the Free Trial, Supplier has the right to permanently delete the Account, including all Client Data therein.

4.5 Fees. The use of an Account is subject to a Fee. Upon sign-up for an Account, you must select a Package. Different rates apply to different Packages. The applicable Fee is charged on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval.

The Service is made available on a pay-as-You-go basis. The individual package (single-user) and business packages, with the single user being $8 per month and the business packages $6 per month per user. Additional hosting or server related charges may be incurred by clients over and above these per user costs, depending on specific requests and will be charged on a per basis scenario, and these prices are subject to change at the discretion of the supplier. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

In addition to the current collection of Plans, Supplier may offer special discounts and motivation schemes (for example finder’s fees, etc.).

4.6 Changing Plans. You have the right to upgrade or downgrade a current Package at any time by selecting a new Package among the collection of Packages determined by the supplier. In such an event, the Client’s credit card on file with the supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Package.Upon upgrading or downgrading in plan level, You will not be credited pro rata for the time remaining in the current billing cycle. Downgrading Your account may cause the loss of features, capacity of Your account as well as the loss of Client Data. The supplier does not accept any liability for such loss. Prices of the Service, including but not limited to monthly fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly usage of the Service. The supplier does not provide refunds or credits.

5. SERVICES

5.1 Use of Services. Subject to these Terms, and the payment of the applicable service Fee, the supplier grants you and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the suppliers services to:

  1. collect, store and organize Client Data, such as add new Persons and Organizations, create Pipelines and add Stages into these Pipelines, generate reports based on Client Data, add Deals into Stages and monitor their involvement through the next Stages, add; add new Users and grant them Authorizations, assign Activities or tasks to a particular User;add check ins, leave, payslips, directories including files and folders, chat as a group or one on one; add calendar events and add or edit widgets on the dashboard; link google analytic accounts, dropbox or google drive
  2. modify and delete Client Data;
  3. customize the standard features of the services;
  4. receive reasonable help and guidance and from the supplier regarding the use of the services.

5.2 Technical Support. The supplier shall provide reasonable technical support to you and its authorized Users at the reasonable request of yourself. The supplier shall respond to enquiries of support from you utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.

The contacts for all enquiries of support are:

  1. built-in notification application on the Web Page, or
  2. e-mail: support@unsilo.me

5.3 Modifications to Service. The supplier reserves the right to modify the services or any part or element thereof from time to time without prior notice, including, without limitation:

  1. rebranding the suppliers Services at its sole discretion;
  2. ceasing providing or discontinuing the development any particular supplier service or part or element of the Platform temporarily or permanently;
  3. taking such action as is necessary to preserve the supplier’s rights upon any use of the the services that may be reasonably interpreted as violation of the supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

As applicable, you may not be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the services, will become effective thirty (30) days before the effective date of such modification.

If the Client does not accept the modification, the Client shall notify Supplier or Reseller (if Client purchased access to the Services from a Reseller) before the effective date of the modification, and these Terms will terminate on the effective date of the modification. The Client’s continued use of the Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. The supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Services, or any part or element thereof.

6. COPYRIGHTS

6.1 Intellectual Property Rights in the Services. “Unsilome” is a copyright. You understand that the suppliers Materials are protected by copyright, You may only use this copyright or logos for promotional purposes to identify Yourself as a customer or user of the supplier’s products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings. The unsilo.me and app.unsilo.me Services, Materials, trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by the supplier and its third party vendors and hosting partners. The supplier, its affiliates and licensors retains all right, title and interest in such unsilo.me and app.unsilo.me Services, Materials, trade names and trademarks, and any parts or elements. Your use of the  unsilo.me and app.unsilo.me Services and Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the suppliers Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. The supplier reserves all rights to the app.unsilo.me and unsilo.me Services, app.unsilo.me and unsilo.me Materials and app.unsilo.me and unsilo.me trade names and trademarks not expressly granted in the Terms.

7. PAYMENT AND REFUNDS

7.1 Credit Card Authorization. The supplier may seek pre-authorization of Client’s credit card account prior to your purchase of app.unsilo.me’s Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize the supplier to charge all sums described in these Terms to such credit card account. You agree to provide the supplier with updated information regarding your credit card account upon the supplier’s request and any time the information earlier provided is no longer valid.

7.2 Electronic Invoice. If the supplier has not sought pre-authorization of your credit card, then before the end of each payment interval, you will be issued an electronic invoice for payment of the Fee of the next payment interval. You must pay the invoice by the due date indicated on the invoice.

7.3 Overage Charges. Upon delay with any payments not made within 30 days, the supplier may require you to pay interest on the delay to the amount of 2% per month (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. The interest rate of penalty for late payment due, shall be the interest rate specified in the Law that most accurately manages this from within the republic of South Africa.

7.4 Receipt. The account owner will receive an email receipt upon each credit card charge. The supplier uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for the supplier.

8. CANCELLATION AND TERMINATION

8.1 You are responsible for properly cancelling Your account. The account owner can cancel the account at any time by emailing support@unsilo.me. There are no other means of cancelling Your account. All of Your Content will be deleted from the Service within 30 days upon cancellation. This information cannot be recovered once Your account is cancelled. If You are subscribed to the Paid Plan and You cancel the Service, Your cancellation will take effect immediately and You will not be charged again.

8.2 The supplier reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if the supplier believes that You have violated this TOS. The supplier will use diligent efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. The supplier shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

8.3 Should the account owner choose not to subscribe and purchase a plan after or within the 14 day free trial, the supplier reserves the right to hold all data and provided by the account holder within the sign up process for the trial period for 1 month from the date that the trial period expires. The supplier may choose to remarket too and make contact with the user within this 14-day period, however after this 1 month all of the account details and data will be deleted.

8.4 Unless you notify support@unsilo.me before the end of the applicable subscription period that you want to cancel a subscription or an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by emailing support@unsilo.me.

9. DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE SUPPLIER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SUPPLIER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE SUPPLIER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

9.1 You represent and warrant that – your use of the Website will be in strict accordance with the Unsilo.me Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and; – your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. INDEMNITY

You will indemnify and hold harmless the supplier and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Service or Content and (ii) Your violation of this TOS.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE SUPPLIER 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, THE SUPPLIER 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. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.

12. ASSIGNMENT

The supplier may assign or transfer this TOS, in whole or in part, without restriction.

13. PRIVACY POLICY

We value the privacy of our customers, and we do everything in our power to protect it. By using our website, you agree to this Privacy Policy.

14. RESTRICTIONS

14.1 Prohibited Activities. Client and its authorized Users may use the app.unsilo.me Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither you nor any User may:

  1. use the app.unsilo.me Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
  2. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the app.unsilo.me Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Yreeka is not permitted by that applicable law to exclude or limit the foregoing rights;
  3. use the app.unsilo.me Services or any part or element thereof unless it has agreed to these Terms.

14.2 Uses that Require the supplier’s Consent. The Client or any User may not, without the supplier’s prior express written consent (e-mail, fax, Skype, etc.):

  1. sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the app.unsilo.me or unsilo.me Services, offered by the supplier, available in whole or in part to any third persons, unless such third person is another authorized User of the supplier;
  2. use the app.unsilo.me Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
  3. use the app.unsilo.me Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by the supplier;

15. DATA BREACHES

We will notify the users via email within 7 business days of knowledge of the breach. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

16. DATA SOURCES

Data accessible via the website’s functions do not belong to the supplier are in no way hosted or saved by the supplier. The supplier merely acts as a gateway to interact with the data hosted and shared via API from other vendors. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

17. EXPORT COMPLIANCE

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

18. INTELLECTUAL PROPERTY RIGHTS

18.1 Content Owned by the supplier. Subject to these Terms and the payment of the applicable service Fee, the supplier grants you and its authorized users a non-exclusive, non-transferable, non-sublicensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the supplier’s services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the supplier’s services or as otherwise permitted by applicable law.

19. GOVERNING LAW

This TOS shall be governed by the laws of South Africa without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of South Africa for the purpose of resolving any dispute relating to Your access to or use of the Service.

20. CONTACT INFORMATION

If you have any questions about this or the Service, please contact the supplier at support@unsilome.com