SilverSender

Terms and Conditions

Last Updated: 12 February 2025

General Terms:

Acceptance of Terms:

By using SilverSender, the client accepts these terms of use and any addendum or annexure being part of these terms. If the client does not accept these terms, the client should not use SilverSender.

The company may modify or update these terms of use, and the same shall be made available at https://silversender.com/public/terms-conditions.html for access by the client.

Grant of License:

License and Use of SilverSender:

The client will need to maintain access and be solely responsible for the registered SIM card and present the same in cases of emergencies within no longer than 30 minutes.

SilverSender includes, but is not limited to: (a) Client Data. (b) Inbox Dashboard (c) Support and Assistance.

Rights and Obligations of the Client:

Client's Unauthorized Access:

The client shall take all reasonable measures to ensure the security of information transmitted to or from the company servers. Unauthorized access to the company servers is prohibited.

Client Compliance with the Law:

The client shall obtain all necessary approvals, licenses from concerned authority(ies) for utilizing SilverSender. The client is liable for any default committed by itself or its personnel, employees, consultants, or any other authorized personnel.

Client Cooperation:

The client shall cooperate with the company for any integration required into its system and shall provide unfettered access to its systems and computing platform as needed.

Client Payment:

The client shall pay any and all payments due under these terms of use as and when requested by the company.

Trial Period:

The trial period is 7-14 days.

License Fee and Payment Terms:

Subscription Fee:

The subscription period of SilverSender commences from the Subscription Commencement Date until the Subscription End Date. On the Subscription Commencement Date, the client agrees to provide appropriate details for the company to process the payment of a non-transferable, non-refundable fee for subscribing to SilverSender at the end of the Trial Period.

The client shall make the payment of the amount indicated by the company for the License of SilverSender ("Subscription Fees").

Usage Fee:

In addition to the Subscription Fee, the client will be charged based on sent and received conversation messages from their connected WhatsApp Business API number on SilverSender. Usage fee is charged by Facebook, as mentioned in the following link: https://developers.facebook.com/docs/whatsapp/pricing.

SilverSender is a SaaS product by Silverhash Digital. Silverhash only charges a platform fee and setup fee (optional).

Refund and Cancellation Policy:

Refund and Cancellation:

Refund and cancellation policies are governed by the Refund and Cancellation Policy outlined on the SilverSender website. The client acknowledges and agrees to the terms specified in the policy.

Silverhash Digital reserves the right to modify the Refund and Cancellation Policy. Users will be notified of any changes in advance.

Limitation of Liability:

Limitation of Liability:

Silverhash Digital shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data, or other intangible losses resulting from the use or inability to use SilverSender.

Indemnification:

Indemnification:

The client agrees to indemnify and hold Silverhash Digital, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, or expenses arising out of the client's use of SilverSender or breach of these terms.

Miscellaneous:

Disclaimer:

SilverSender and Silverhash Digital provide SilverSender "as is" without warranties. They disclaim all liability for any loss, damage, or harm resulting from the use of SilverSender.

Modification of Terms:

Silverhash Digital reserves the right to modify these terms and conditions. Users will be notified of any changes in advance.

Contact Information:

If you have any questions or concerns regarding any aspect of the terms and conditions, please contact us at contact@silversender.com.

Intellectual Property:

Intellectual Property:

All intellectual property rights related to SilverSender, including but not limited to software, trademarks, and content, are owned by Silverhash Digital. The client shall not reproduce, distribute, or create derivative works without explicit permission.

Confidentiality:

Confidentiality:

The client agrees to treat as confidential all non-public information obtained during the use of SilverSender, including but not limited to proprietary information and trade secrets of Silverhash Digital.

Data Protection and Privacy:

Data Ownership:

The client retains ownership of its data. SilverSender may collect and process client data as necessary for the provision of SilverSender. The client grants Silverhash Digital the right to use the data for improving SilverSender.

Data Security:

Silverhash Digital implements reasonable security measures to protect client data. However, the client acknowledges that no system is completely secure, and Silverhash Digital is not liable for unauthorized access or data breaches.

Privacy Policy:

The client agrees to the terms outlined in Silverhash Digital's Privacy Policy, available at https://silversender.com/public/privacy-policy.html.

Termination:

Termination by Company:

Silverhash Digital reserves the right to terminate the client's access to SilverSender for violation of these terms or any other reason deemed necessary by the company. Termination may result in the loss of data.

Termination by Client:

The client may terminate the use of SilverSender by providing written notice to Silverhash Digital. Refund eligibility will be as per the Refund and Cancellation Policy.

Governing Law and Dispute Resolution:

Governing Law:

These terms and conditions are governed by the laws of India. Any disputes shall be resolved through arbitration in accordance with the rules of India.

Notices:

All notices and communications regarding these terms shall be in writing and sent to the respective email addresses provided by the parties.

Final Provisions:

Entire Agreement:

These terms constitute the entire agreement between the client and Silverhash Digital concerning SilverSender and supersede any prior agreements or understandings.

Severability:

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Information:

If you have any questions or concerns regarding any aspect of the terms and conditions, please contact us at contact@silversender.com.

Amendments and Updates:

Amendments:

Silverhash Digital reserves the right to amend these terms and conditions at any time. Amendments will be effective immediately upon posting on the SilverSender website. Continued use of SilverSender after amendments constitutes acceptance of the modified terms.

User Conduct:

User Conduct:

The client agrees not to engage in any conduct that may disrupt the functionality, security, or integrity of SilverSender. Unacceptable conduct includes but is not limited to hacking, data manipulation, or any activity that violates these terms.

Communication Preferences:

Communication Preferences:

By using SilverSender, the client agrees to receive electronic communications, including promotional materials and updates, from Silverhash Digital. The client can opt-out of non-essential communications at any time.

Dispute Resolution:

Dispute Resolution:

Any disputes arising out of or in connection with these terms shall be resolved through arbitration in accordance with the rules of [Arbitration Organization]. The decision of the arbitrator(s) shall be final and binding.

Governing Language:

Governing Language:

The governing language of these terms is English. Translations, if provided, are for convenience only, and the English version prevails in case of any discrepancies.

Survival:

Survival:

Sections relating to intellectual property, confidentiality, indemnification, limitation of liability, and any other provisions intended to survive termination shall survive the termination of these terms.

Force Majeure:

Force Majeure:

Neither party shall be held liable for any delay or failure in performance under these terms resulting from acts of nature, government actions, war, civil unrest, or other unforeseen circumstances beyond the control of the parties.

Severability:

Severability:

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced by a valid provision that comes closest to the economic intent and purpose of the invalid provision.

Waiver:

Waiver:

The failure of Silverhash Digital to enforce any right or provision of these terms shall not be considered a waiver of those rights. Waivers, if any, shall be effective only if made in writing and signed by a duly authorized representative of Silverhash Digital.

Headings:

Headings:

Headings in these terms are for convenience only and shall not affect the interpretation of any provision.

Assignment:

Assignment:

The client may not assign or transfer its rights or obligations under these terms without the prior written consent of Silverhash Digital. Silverhash Digital may freely assign its rights and obligations under these terms.

Construction:

Construction:

The language in these terms shall be interpreted as to its fair meaning and not strictly for or against any party.

Changes to SilverSender:

Changes to SilverSender:

Silverhash Digital reserves the right to modify or discontinue any feature or aspect of SilverSender at any time. Notice of significant changes will be provided to the client in advance.

Additional Agreements:

Additional Agreements:

Additional agreements, addendums, or annexures may be required based on specific services, features, or circumstances. Such additional agreements shall be considered integral parts of these terms.

Contact Information:

Contact Information:

If you have any questions or concerns regarding any aspect of the terms and conditions, please contact us at contact@silversender.com.