SILVERTREE TERMS OF SERVICE

Date of Last Revision: July 1, 2023

Acceptance of These Terms of Service

Silver Tree Labs, Inc. (“Silvertree,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website located at https://silvertree.io/ (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. In these Terms of Service, “you” and “your” refer to the person using the Service, whether the individual purchasing a Product via the Site, the Subscriber purchasing a Subscription Plan via the Site, the User or any other Care Partner (as each of those terms is defined below).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SILVERTREE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site [ and under the “Legal — Terms of Service” section of our Mobile App]. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

Your Privacy: At Silvertree, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://silvertree.io/privacy-policy/ [and under the [Legal — Privacy Policy] section of our Mobile App][1] (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Electronic Communications: You are communicating with Silvertree electronically when you use the Site (including our ecommerce store), use our Mobile App(s), or send an email to Silvertree. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you place an order through the Site and when you create an Account (as defined below), we collect and store your email address. From that point forward, your email address is used to send you information about Silvertree’s products and services unless you opt-out of such emails. Silvertree may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Silvertree is not responsible for any automatic filtering you or your network provider may apply to email notifications. Silvertree recommends that you add @silvertree.io URLs to your email address book to help ensure you receive email notifications from Silvertree. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.

Terms of Sale and Additional Terms: If your use of the Service includes the purchase or pre-sale order of a Silvertree Reach (“Silvertree Reach”) or one of our other products made available for purchase or pre-sale order on the Site (collectively, “Products”), the Silvertree Terms of Sale located at https://silvertree.io/terms-of-sale (the “Terms of Sale”) will also apply to your use of the Site and the applicable Products. All use of the Silvertree Reach is also subject to the User Manual located at https://silvertree.io/user-manual. In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Site provides information related to the Silvertree Reach, which is a wearable wellness device for active older adults made available by Silvertree. Silvertree makes available for purchase the Silvertree Reach, and may also make available related Products (which may, for instance, include charging docks and cables) on the Site. You may purchase the Silvertree Reach for yourself or a family member or friend (the Silvertree Reach user, the “User”). In order for the User to access the benefits of, and services related to, the Silvertree Reach, the User will also need to have an active subscription plan (a “Subscription Plan”), which can be purchased via the Site pursuant to these Terms of Service. The term “Subscriber” is used herein to refer to the individual purchasing the Subscription Plan, whether the User or a family member or friend of the User. To make use of the Subscription Plan, the User will be required to create an account (“Account”) in the Mobile App. The User will then also be able to use the features of the Mobile App, including (a) inviting family members and friends (“Care Partners”) to create Accounts through which they will have access to certain information collected via the Silvertree Reach and/or stored in the User’s Account and (b) opting into the receipt of certain third-party services that will enable first responders to receive SOS messages and access certain records in the Account. Whether you are a Site visitor, an individual placing an order for a Product, a User, a Subscriber or a Care Partner, these Terms of Service apply to you and your use of the Service.

Your Registration Obligations: You may be required to provide information about yourself (e.g., name and email address) in order to create an Account and/or access and use certain features of the Service. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Account registration form. Account registration data and certain other information about you are governed by our Privacy Policy. The Service is intended for users in the United States who are 18 years of age or older. If you are under 18 years old, you may use the Service, with or without registering, only with the consent of, and under the supervision of, your parent or guardian. You must be of legal age, in the jurisdiction in which you live, to enter into a legally binding contract with Silvertree in order to create an Account.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password (if any) and Account details, and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify Silvertree of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service. Silvertree will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Silvertree reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Silvertree will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Silvertree may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Silvertree’s or its third-party service providers’ servers on your behalf. You agree that Silvertree has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Silvertree reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that Silvertree reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You agree to comply with the terms and instructions set forth in the User Manual located at https://silvertree.io/user-manual. You are solely responsible for all information, data, text, messages, and other materials (“content”) that you make available to Silvertree, including by uploading or otherwise inputting such content (hereinafter, “upload(ing)”) via the Service or by emailing such content to Silvertree (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Silvertree. Silvertree reserves the right to investigate and take appropriate legal action against anyone who, in Silvertree’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the Account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Silvertree, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Silvertree or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate any applicable local, state, national, or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Silvertree from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing wellness wearable company is permitted to view, access, or use any portion of the Service without express written permission from Silvertree. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Silvertree or any of its affiliates, or acting on behalf of a competitor of Silvertree in using or accessing the Service.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.

Fees

Subscription Plans: For more information about our different Subscription Plans, please visit https://silvertree.io/shop. An active Subscription Plan is required for a User to enjoy the benefits of, and services related to, the Silvertree Reach.

Payment: Subscription Plans and Products are made available for purchase via the Site. In connection with the purchase thereof, you must provide information regarding your credit card or other payment instrument. You represent and warrant to Silvertree that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with Silvertree or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Silvertree the amount that is specified in the checkout cart when you purchase or place a pre-sale order for a Product and/or the amount that is then-due in connection with your Subscription Plan in accordance with the terms of such Subscription Plan, as applicable, and, in each case, in accordance with these Terms of Service. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order.

Subscription Plans; Auto-Renewals:If you are a Subscriber, we automatically bill the payment method associated with your Account on a monthly or annual basis (depending on the Subscription Plan you choose). Day one of your initial billing cycle commences on the date you purchase a Silvertree Reach. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. Each Subscription Plan will be automatically extended for successive renewal periods consistent with your Subscription Plan term at the then-current non-promotional rate. You hereby authorize Silvertree (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable Subscription Plan until you terminate your Subscription Plan, and you further agree to pay any charges so incurred. To change or terminate your Subscription Plan at any time, you can email us at support@silvertree.io using the form cancellation email available at https://help.silvertree.io/en/articles/6865951-how-do-i-cancel-my-subscription. If you terminate your Subscription Plan, the User may continue to use the applicable Silvertree Reach under your Subscription Plan until the end of the then-current term and your Subscription Plan will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Plan fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Subscription Plan before the end of the then-current term. Subscription Plans cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in the Terms of Sale or these Terms of Service, Silvertree will not refund any amounts that you have already paid. If a Subscription Plan for a particular Silvertree Reach expires or is terminated, another person may purchase a Subscription Plan for the same Silvertree Reach (whether for the same or a different User), and day one of the billing cycle for such Subscription Plan will be the day of purchase.

Price Changes and Disputing a Charge: If you dispute any charges you must let Silvertree know within sixty (60) days after the date that Silvertree charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Silvertree's prices for Products and/or Subscription Plans. If Silvertree does change prices, Silvertree will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Silvertree's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Silvertree's net income.

Payment Processing:Notwithstanding any amounts owed to Silvertree hereunder or under the Terms of Sale, SILVERTREE DOES NOT PROCESS PAYMENT FOR ANY SERVICES OR PRODUCTS. To facilitate payment for Subscription Plans or Products via bank account, credit card, or debit card, we use a third-party payment processor (“Payment Processor”). As of the date posted above, these payment processing services are provided by Stripe, Inc. and its affiliates and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements“). By agreeing to these Terms of Service and/or the Terms of Sale, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Silvertree assumes no liability or responsibility for any payments you make through the Service.

Standard Refunds: If you are unhappy or unsatisfied with a Silvertree Reach you may be eligible for a refund of certain amounts paid if such return is made in compliance with the terms and conditions set forth in our Terms of Sale at https://silvertree.io/terms-of-sale. Except as provided in these Terms of Service or the Terms of Sale, payments made by you hereunder are final and non-refundable, unless otherwise determined by Silvertree. Additional terms and conditions related to the process to obtain a refund and the amount of such refund are set forth in our Terms of Sale at https://silvertree.io/terms-of-sale .

Refunds for Special Circumstances: We recognize that some Users may pass away or become incapacitated without leaving clear instructions about how to manage their Subscription Plans. Accordingly, we may, in our sole and absolute discretion, provide a refund for a Subscription Plan if a User has passed away or is unable to use their Subscription Plan. For example, we may provide a prorated refund based on the number of days remaining in a User’s Subscription Plan if a User passes away before the end of his or her Subscription Plan. We can work with Care Partners to close the Account of a deceased or incapacitated person where appropriate. If you are inquiring about such a refund, please contact us at support@silvertree.io.

Beta Testing: In connection with the initial launch of the Silvertree Reach, you may be invited, in Silvertree’s sole discretion, to participate in a beta program in connection with which you may receive and use a Silvertree Reach for free for a particular period of time (the “Initial Beta”). Thereafter, from time to time we may make available to you the Silvertree Reach and/or certain related features, functionality or services that are expressly designated as being made available for a beta, trial, demo, pilot, limited release, pre-release, non-production, evaluation or similar program (any such program including the Initial Beta, a “Beta Program” and any such features, functionality or services, the “Beta Services”). If we offer you the opportunity to participate in a Beta Program and access and use a Product and/or Beta Services in connection therewith, your use thereof will be governed by these Terms of Service as well as the specific terms of the applicable Beta Program, which will be provided to you via email, when you sign up for the Beta Program and/or through other reasonable means (the “Beta Terms”). Beta Services are provided free of charge for the period specified in the applicable Beta Terms (the “Beta Period”). If you wish to use any Beta Services or Product provided to you for free in connection with a Beta Program beyond the Beta Period, you will be required to pay the fees described on our Site from the date on which the Beta Period ends, unless otherwise expressly indicated by Silvertree. Beta Services and Products provided to you for free in connection with a Beta Program are for evaluation, testing and trial purposes only, provided on an “as is” and “as available” basis and all warranties, conditions, and representations, whether express or implied, under common law or statute, including those relating to fitness for purpose, satisfactory quality and non-infringement are excluded to the maximum extent permitted by applicable law. Without prejudice to the section entitled Limitation of Liability herein, we accept no liability for any losses, damages or costs arising from or in relation to Beta Services, and you use them at your own risk. We may discontinue Beta Programs and/or Beta Services at any time in our sole discretion. If you are provided with a Product for free in connection with a Beta Program, you will promptly return such Product to us as directed by us unless you otherwise opt to purchase such Product as described above.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. As noted above, Users and, upon invitation from a User, Care Partners may create Accounts pursuant to which they can access and use the Mobile Services.

Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Silvertree or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Silvertree or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Silvertree or its affiliates or partners for marketing or solicitation purposes to purchase Silvertree’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Silvertree or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Silvertree Account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Mobile App License: Subject to these Terms of Service, Silvertree hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Silvertree, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Silvertree.

Special Notice for International Use; Export Controls: Silvertree is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

Third-Party Distribution Channels: Silvertree offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Silvertree and you acknowledge that these Terms of Service are concluded between Silvertree and you only, and not with Apple Inc. (“Apple”), and that as between Silvertree and Apple, Silvertree, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Silvertree’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Silvertree and you acknowledge that Silvertree, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Silvertree and Apple, Silvertree, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Silvertree as follows:
support@silvertree.io
844-387-9947 (text only)
1280 Cambridge St, Cambridge, MA 02139
You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
Silvertree and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Silvertree only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Silvertree, and not Google, is solely responsible for Silvertree’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Silvertree’s Google-Sourced Software.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms. If required by any license for particular open source software, Silvertree makes such open source software, and Silvertree’s modifications to that open source software (if any), available by written request to support@silvertree.io. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Silvertree, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Silvertree name and logos are trademarks and service marks of Silvertree (collectively the “Silvertree Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Silvertree. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Silvertree Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Silvertree Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Silvertree be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Silvertree does not pre-screen content, but that Silvertree and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Silvertree and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Silvertree, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Silvertree and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Silvertree and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Silvertree are non-confidential and Silvertree will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Silvertree may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Silvertree, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Silvertree has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Silvertree, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Silvertree enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Silvertree will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Without limiting the foregoing, certain third-party first responder services (“Third Party Responder Services”) may be enabled by a User within the Mobile App. Your enablement and use of such Third Party Responder Services constitute your agreement to be bound by the terms and conditions that apply to such Third Party Responder Services, as may be amended from time to time in the sole discretion of the provider of such Third Party Responder Services. As of the date set forth above, RapidSOS. (“RapidSOS”) provides Third Party Responder Services, which may be enabled by a User via the Service. The following terms and conditions apply to your use of the Third Party Responder Services made available by RapidSOS:

You agree that by using the RapidSOS’s services, you have read and agreed to the terms of the RapidSOS End User License Agreement, located at https://rapidsos.com/business-terms-of-service/ (“RapidSOS EULA”), on behalf of yourself and/or any of your family members, invitees and guests, if applicable. Furthermore, you acknowledge and agree that by accepting Silvertree’s Terms of Service, you are hereby agreeing to the terms of the RapidSOS EULA.
You acknowledge and agree that RapidSOS may, at its sole discretion, update and modify RapidSOS’s services or discontinue certain portions of RapidSOS’s services (or require Silvertree to do so, as applicable).
You acknowledge and agree that RapidSOS may collect, for its internal use in order to facilitate the delivery and maintenance of RapidSOS’s services, configuration, performance, usage and consumption data relating to your use of RapidSOS’s services, including: (a) date and time of event; (b) type of operation executed by the flow execution (e.g. SMS, call, 9-1-1 call, telephony events, etc.); (c) total number of success/failed calls; (d) errors raised by execution; and (e) data as necessary to train on or provide or facilitate technical support for RapidSOS’s services or to improve emergency response or the utilization of RapidSOS’s services by third parties providing public safety services and integrated with RapidSOS’s services.

Further, without limiting the foregoing, certain third-party wireless network and other communication services (“Third Party Communication Services”) are embedded in the Service. Your use of such Third Party Communication Services constitutes your agreement to be bound by the terms and conditions that apply to such Third Party Communication Services, as may be amended from time to time in the sole discretion of the provider of such Third Party Communication Services. You acknowledge and agree the provider of Third Party Communication Services is not responsible for or obligated to make any changes to its equipment, operations, network or systems to accommodate you.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Silvertree, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Silvertree Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service (including the Products and Third-Party Services), or any equipment or software used in conjunction there with, any User Content, your connection to the Service, your violation of these Terms of Service or the Terms of Sale, or your violation of any rights of another. Silvertree will provide notice to you of any such claim, suit, or proceeding. Silvertree reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Silvertree’s defense of such matter. You may not settle or compromise any claim against the Silvertree Parties without Silvertree’s written consent.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING ANY THIRD-PARTY SERVICES INCORPORATED THEREIN OR MADE AVAILABLE IN CONNECTION THEREWITH) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SILVERTREE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AS TO THE SUITABILITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, QUALITY, PERFORMANCE, TITLE, OR NON-INFRINGEMENT.

THE SILVERTREE PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THE PRODUCTS AND SERVICE ARE NOT A SUBSTITUTE FOR SEEKING ADVICE FROM A HEALTHCARE PROVIDER. THE SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS AND/OR TREATMENT OF ANY CONDITION. YOU AGREE THAT THE SILVERTREE PARTIES WILL NOT BE LIABLE FOR ANY DECISION THAT YOU OR ANYONE MAY MAKE THAT IS RELATED TO THE USE OF THE PRODUCTS OR THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE SILVERTREE PARTIES WILL HAVE ANY LIABILITY TO YOU (I) IF CHANGES IN THE THIRD PARTY COMMUNICATION SERVICES RENDER OBSOLETE OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE; (II) FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF: MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS OR DEFECTS IN FURNISHING THE THIRD PARTY COMMUNICATION SERVICES; FAILURES OR DEFECTS IN THE THIRD PARTY COMMUNICATION SERVICES; USE OF THE SERVICE OR USE OF THE THIRD PARTY COMMUNICATION SERVICES INDEPENDENT OF THE SERVICE; OR DISABLING OF THE THIRD PARTY COMMUNICATION SERVICES DUE TO THE TERMINATION OF LINES; OR (III) WITH RESPECT TO CLAIMS OR DEMANDS OF ANY KIND OR NATURE ARISING FROM: THE USE OR INABILITY TO USE THE THIRD PARTY COMMUNICATION SERVICES OR RELATED EQUIPMENT; ANY INTERRUPTION, DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION OR TRANSMISSION; OR ANY FAILURE TO TRANSMIT OR ANY LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE THIRD PARTY COMMUNICATION SERVICES. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE SILVERTREE PARTIES WILL BE LIABLE FOR THE MANNER IN WHICH THIRD PARTY COMMUNICATION SERVICES ARE RENDERED OR OTHERWISE PROVIDED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SILVERTREE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, REVENUE, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SILVERTREE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR A PRODUCT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE SILVERTREE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SILVERTREE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Silvertree, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Terms of Sale (if applicable) (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Silvertree are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SILVERTREE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SILVERTREE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Silvertree is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support atsupport@silvertree.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Silvertree should be sent to 1280 Cambridge St, Cambridge MA 02139 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Silvertree and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Silvertree may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Silvertree or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Silvertree is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Silvertree and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Silvertree agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Silvertree or you under the AAA Rules, Silvertree and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Silvertree will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Silvertree will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service (or the Terms of Sale, to the extent applicable) will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Silvertree agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Silvertree written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Silvertree, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, if you fail to make payment to Silvertree when due, if you breach any term or condition of these Terms of Service or if Silvertree otherwise believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Silvertree may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Silvertree may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that Silvertree will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Silvertree will have no liability or responsibility with respect thereto. Silvertree reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Silvertree governing your access and use of the Service, and supersede any prior agreements between you and Silvertree with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Silvertree submit to the personal and exclusive jurisdiction of the state and federal courts located within City of Boston. The failure of Silvertree to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Silvertree, but Silvertree may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Silvertree will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Silvertree’s reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Silver Tree Labs Inc, 1280 Cambridge St, Cambridge MA 02139, 844-387-9947 (text only).

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@silvertree.io or 1280 Cambridge St, Cambridge, MA 02139 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.