1. Silatha Products
Silatha aims to create psychologically safe environments in the workplace and beyond by addressing biases and (women's) health taboos. It offers tailored programs designed to empower women in their personal and professional lives, helping them navigate transitions while fostering long-term behaviour change. Silatha provides resources, including peer-to-peer support, access to experts, mindfulness practices and educational programs to help women cultivate inner strength, resilience, and personal growth. Silatha’s services target all genders through their training programs.
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.Silatha.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Silatha). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Silatha,” “us” or “we” refers to Silatha B.V., a company registered in the Netherlands. The term “Device” refers to the device that is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the person who is granted rights to access and use the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such a purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them.
Our contact email address is .moc.ahtaliS%40ofni All correspondence to Silatha including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
2. License
(a) Silatha grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. Silatha retains full ownership of the intellectual property.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of Silatha or its licensors. All right, title and ownership in the Products remain with Silatha or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms. Participants are not allowed to reproduce or distribute training or mediation materials (e.g., presentation slides, handouts). These materials are for personal use only and are not allowed to be shared outside the context of the training.
(b) You agree that you will not and you will not assist or permit any third party to:• (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;• (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;• (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;• (d) Tamper with the Products or circumvent any technology used by Silatha or its licensors to protect any content accessible through the Products;• (e) Circumvent any territorial restrictions applied to the Products; or• (f) Use the Products in a way that violates this License Agreement or the other Terms.You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Silatha or its licensors and your use of them must be in accordance with these Terms.
3. Data Privacy
As part of your use of the products, you affirmatively consent to the processing and storage of your personal information in Europe, for the purposes of processing payments, tracking individual use of the products, and other ends related to improving your usage experience. We will take measures as required to comply with GDPR regulations regarding the transfer, storage, and use of certain personal information. We don’t sell any data to any third parties. Personal data is stored in Europe and protected. Following GDPR, participants have the right to request the deletion of their account and data, which Silatha will ensure to perform either directly or within a reasonable timeframe.
Data Processing:
Silatha utilizes Firebase and Google Cloud Functions for backend services, with all data processing handled by Google. Firebase encrypts data both in transit and at rest, ensuring secure communication and storage. However, the data is stored as-is in Firebase without additional encryption layers from our side. This infrastructure supports the app's operations.
Retention Periods:
User data, including interactions within the app, is retained in Google Cloud for the duration of the user's activity in the app. Data is stored until the user opts to delete their account and associated data.
Types of Personal Data Collected:
Silatha collects personal data for the app's functionality, such as the user’s name and email address. Additionally, in-app data is gathered, which includes menstrual logs, journal entries, meditation progress, favorite meditations, training records, user progress in trainings, group chat messages, and training-related conversations.
User Rights under GDPR:
Users have the right to delete their accounts and erase personal data from the app, including menstrual logs and journal entries. However, training progress data are part of the company’s collection and can only be deleted upon request.
Third-Party Processors:
Currently, Silatha uses Google Cloud for data storage and processing. Data is stored in Europe. Additionally, the marketing team uses Flodesk for email marketing services.
4. Changes to Terms
Silatha reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.Silatha.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up, push notifications within the Products or email.
5. Memberships and Subscriptions
5.1 Creating an Account(a) You may sign up as a registered user of the Products free of charge (an “Account user”). To become an Account user you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
(b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Silatha Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.(c) Please check that the details on the Order are complete and accurate before you use or commit yourself to purchasing the Products. (d) By placing an Order through the Products, you warrant that:• (i) You are legally capable of entering into binding contracts;• (ii) All registration information you submit is truthful and accurate;• (iii) You will maintain the accuracy of such information; and• (iv) Your use of the Products does not violate any applicable law or regulation.
5.2 Once a MemberYou are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
5.3 Paid MembershipAs a Silatha Member you will receive access to certain sections, features and functions of the Products that are not available to non-paying-members.By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from Silatha commercial emails by following the opt-out instruction in these emails. Silatha memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
5.4 Subscriptions(a) Silatha account holders may access the Products in two ways:• (i) "Access offered by your company. Your company normally will offer you a code with which you can access the part they purchased for you.• (ii) Access through direct Paid Subscription: a subscription fee-based program, which gives access to all content. You will only have access to the Subscription Program while your subscription is active and subsisting. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from within the Apps, where allowed by the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy.
(c) Our “education programs” can be subscribed to through a premium subscription. This gives access to all training programs. As our educational programs are constructed in a way that they sustain behaviour change, only one module per training opens each month. Therefore it’s not possible to do the entire training in a shorter period than 8 months.
(d) The subscriptions renew automatically unless cancelled in due time. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(e) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
(f) In the course of your use of the Products, Silatha and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Silatha and Silatha’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
6. Device Requirements
To enjoy Silatha via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.
7. Benefit SponsorsMany groups, including but not limited to employers, healthcare providers, health plans, universities, government entities, municipalities or hospitals (“Benefit Sponsor” or “Benefit Sponsors”) purchase the Products in benefit of their employees, eligible dependents and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for access to Products. In such event, the Benefit Sponsor terms and conditions will also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms will prevail.
8. Changing Fees And Charges
We reserve the right to change our subscription fees, plans or adjust pricing for our Products or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
9. Cancellation
9.1 Cancellation by YouIf you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. After cancellation the users lose access to previously completed training modules or materials after cancellation.
9.2 Cancellation by UsWe may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying, sharing or download of our audio content from the Products.
10. Promotion And Discount Codes
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
11. Prohibited Use of the Products
11.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses, or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.11.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.11.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.11.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Silatha.
12. Materials Offered through the Products
12.1 Copyright(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Silatha (or our affiliates and/or third party licensors, or freelancers where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.(c) Audio content from Silatha not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Silatha through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Silatha grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Silatha will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
13. Availability of Products
13.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at moc.ahtaliS%40ofni and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
13.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing .moc.ahtaliS%40ofni
14. User Material
14.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
14.2 This section 6 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
14.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
14.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 6, and we may do this with or without giving you any prior notice.
14.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Silatha or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Silatha. You acknowledge that we may indirectly commercially benefit from use of your User Material.
14.6 Each time you submit User Material to us, you represent and warrant to us as follows:• (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.• (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.• (c) Your User Material does not advertise any product or service or solicit any business.• (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.• (e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.• (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.• (g) You will not engage in any automated use of the system, such as using scripts to alter our content.• (h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Silatha’s computer systems, or the technical delivery systems of Silatha’s providers.• (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Silatha system or network or breach any security or authentication measures.
14.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
14.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Silatha an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Silatha may include your User Material in Silatha’s Distribution Content that is made available to others through the Products. Be aware that Silatha has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Silatha and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
14.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Silatha an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sub-licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Silatha has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Silatha and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
15. Links to Websites/Home Page
15.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
15.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Silatha. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to .moc.ahtaliS%40ofni
16. Products Disclaimer
The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
17. Medical Disclaimer
17.1 Silatha is a provider of online and mobile meditation and educational content. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Silatha makes no claims, representations or guarantees that the Products provide a therapeutic benefit, or that any of the tips shared are beneficial for you personally.
17.2 Any health information and links on the Products, whether provided by Silatha or by contract from outside providers, is provided simply for your convenience.
17.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
17.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. We advise people with existing mental health conditions should speak with their healthcare providers before starting a meditation practice.
17.5 The content of the training or monthly challenges may include sensitive material that could be emotionally triggering or distressing to some individuals. Topics discussed may involve personal health challenges, mental health issues, or other sensitive subjects. Viewer discretion is advised.If you find yourself feeling uncomfortable or distressed by the content, we strongly recommend reaching out to a health professional for support.
18.1 Assignment by UsSilatha may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
18.2 LiabilityYou agree to defend, indemnify and hold Silatha and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Silatha reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Silatha defence of such claim.
18.3 Warranties and Limitations(a) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.(b) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
18.4 No WaiverIf we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
18.5 Force MajeureWe will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
18.6 InterpretationIn these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
18.7 Electronic CommunicationsAt time, applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
18.8 NoticesUnless otherwise specifically indicated, all notices given by you to us must be given to Silatha at .moc.ahtaliS%40ofni We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 18.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
18.9 Entire AgreementThese Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
19. Disputes
19.1 All contracts and terms agreed upon through the use of Silatha's products, services, or platforms are governed by the law of the Netherlands. By using the products, you acknowledge and agree that any disputes, claims, or legal conflicts arising from or related to the terms and services provided by Silatha will be subject to Dutch law.
In the event of a dispute, both parties agree to attempt to resolve the issue through negotiation or mediation. If these efforts are unsuccessful, the matter will be referred to the Dutch courts, which will have exclusive jurisdiction to adjudicate the dispute. Both parties accept that any legal proceedings or claims will be handled within the jurisdiction of the Netherlands and that Dutch law will prevail in interpreting the agreement.
This governing law clause ensures consistency, transparency, and predictability in the event of disagreements, protecting both Silatha and its users. It also aligns with Silatha's legal structure as a company registered in the Netherlands.
19.2 In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before resorting to litigation.Mediation shall be conducted by a qualified mediator, mutually agreed upon by both parties and shall take place in the Netherlands. If mediation does not resolve the dispute within 60 days of initiation, either party may pursue formal legal action in the courts of the Netherlands, which shall have exclusive jurisdiction over the matter.
The costs of the mediation shall be borne equally by both parties unless otherwise agreed. Each party will bear its own legal costs and fees incurred during the mediation process. Any mediation discussions, negotiations, or settlement offers shall remain confidential and shall not be used as evidence in any subsequent legal proceedings.
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