Terms & conditions
THE AGREEMENT: The use of this website and services on this App provided by Silend App, LLC (hereinafter referred to as "App, website, and Platform") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this App (hereinafter collectively referred to as "App") and any services provided by or on this App ("Services").
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
DEFINITIONS
"Agreement" denotes this Terms and Conditions and the Privacy Policy and other documents provided to you by the App.
"We," "us," and "our" are references to SILEND.
"User," "You," and "“your" denotes the person who is accessing the App for taking or availing of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this App.
" App and Platform" shall mean and include Silend and any successor App of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
Payment Processor: Silend is not a payment processor and does not hold any funds. Instead, Silend uses third-party payment processing partners to process Donations. You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.
Transaction Fee: Please keep in mind that in addition to membership fees, there is a $0.50 transaction fee deducted from each donation (hereinafter and on the website referred to as “Admin Fee”).
We are not a Broker, Financial Institution, Creditor or Charity: Silend services are administrative only. All information and content provided by Silend relating to the Services is for informational purposes only. Silend does not guarantee the accuracy, completeness, timeliness or eliability of any content or information. No content is intended to provide financial advice and you should consult your financial, legal, tax or other professional as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see "Changes to these Terms" below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SILEND APP, LLC.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
ACCESSING THE PLATFORM AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Platform, the Services, and any other material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for (1) Making all arrangements necessary for you to have access to the Platform; and (2) ensuring that all persons who access the Platform through your internet connection or using your equipment are aware of these Terms of Use and comply with them.
To access the Platform or some of the resources it offers (including the ability to make a donation), you may be required to create an account and provide certain registration details or other information, including some personal data, such as your name, email address, and payment information to make donations through the Platform. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide us to register with the Platform or otherwise is governed by our Privacy Policy, as amended from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information, and you also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, and to terminate your account and refuse any current or future use of the Platform or Services at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and conditions.
HOW IT WORKS
Our Services include systems that accept and process donations ("Donations") from donors and re-grant those donations to those who are needy and call for the funds to meet their daily needs.
At Silend, we offer you a meticulously designed app that provides a digital platform for users to help each other and build a better community.
Silend is geo-based, so donors and receivers are shown within a one-mile radius of their physical location. Funds are only available for basic needs, including food, clothing, and shelter. A maximum of $100 may be received at a time. There are no interest rates or loans, so everyone can give or get with peace of mind. All we ask is that when you are able, you Pay it Forward.
Silend Technologies provides a platform for processing Donations and facilitating Donation transactions. We have no control over any Charity, personal fundraiser host, or donor, their conduct, or the information they provide.
AGE RESTRICTION
You must be at least 18 (Eighteen) years of age to use this App or any Services contained herein. By using this App, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
LICENSE TO USE APP
We may provide you with certain information because of your use of the App or Services. Such information may include but is not limited to documentation, data, or information developed by us and other materials which may assist in your use of the App or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the App and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the App or Services or at the termination of this Agreement.
Prohibited Activities. We want to protect the Application, so you agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Company Materials (except as may be a result of the standard search engine or Internet browser usage); or (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Company Materials in any way for any public or commercial purpose except as specifically permitted by these Terms. You also agree that you will: (a) keep intact all proprietary notices contained in the Company Materials; (b) not use the Company Materials in a manner that suggests an association with any of Charity's or Sponsor's products, services, or brands (except as permitted by the Application); (c) make no modifications to the Company Materials; and (d) not allow or help anyone else (whether or not for your benefit) to (i) copy or adapt the source or object code of the Application's software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Application creates to generate its web pages or any software or other products or processes accessible through the Application.
USER OBLIGATIONS
As a user of the App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
DONOR INFORMATION
If you donate online, we will request certain personally identifiable information about you (such as your name, address, telephone number, email address, and credit card information). We use this information to process your donation and communicate with you about it. We also receive personally identifiable information and GPS location when you donate. We also use publicly available information about our donors from third-party sources to personalize communications with donors and improve donor retention.
We do not sell, rent, or give donors personally identifiable information to any other party, with one exception: if you give us permission to share your name, contact information, and details of your donation. We will not share your information with any organizations unless you explicitly give us permission to do so.
All donations are at your own risk. When you make a donation through the platform you acknowledge that Silend is not responsible for any offers, promises, rewards or promotions made or offered by Users; such as conduct that violates these Terms of Service. We do not and cannot verify the information that any user supplies nor do we guarantee that donations will be used in accordance of the purpose as described by the user or in accordance with applicable laws. We take fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe a user is not using requesting funds for the intended purpose please send an email to support@silendapp.com.
DONATIONS: In order to contribute, a Donor will be required to provide Silend information regarding the Donor’s credit or card payment instrument. You, as a Donor, represent and warrant to Silend that such information is true, accurate and current and that you are authorized to use the Payment Instrument. You agree that a minimum Donation amount may apply and that all donations are final and will not be refunded unless Silend, in its sole discretion, agrees to issue a refund. Silend uses third-party payment processing partners and Donors acknowledge that by contributing a donation, the Donor agrees to the processing, use, transfer and disclosure of data by the Payment Processor pursuant to these Terms and Services and all applicable terms by the payment partner such as PayPal, Inc. (PayPal’s terms of service).
TAXES: It is your responsibility to determine what, if any, taxes apply to your transactions. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate authority.
GoogleMaps: The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.
USER CONTENT RESPONSIBILITY
The App permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the App, please do not post content that:
contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the App without advanced notice.
INTELLECTUAL PROPERTY
You agree that the App and all Services provided by us are the property of Silend, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, you should notifify Silend by email at support@silendapp.com. Silend will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement.
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ACCEPTABLE USE
You agree not to use the App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of Silend.
You further agree not to use the App or Services:
To violate any law, regulation, industry requirement or third-party guidelines or agreements by which you are bound;
To offer any good or service in exchange for a donation on the platform;
To harass, abuse, or threaten others or otherwise violate any person's legal rights;
To violate any of our intellectual property rights or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To unlawfully gather information about others;
To fund any ransom, human trafficking or exploitation, vigilantism bribes or bounty;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To create any content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, terrorism, harassment, discrimination, bullying or intolerance of any kind;
To create any activity that Silend may deem, in it’s sole discretion, unacceptable or objectionable
ASSUMPTION OF RISK
The App and Services are provided for informational purposes only. You acknowledge and agree that any information posted on Our App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the App is at your own risk. We do not assume responsibility or liability for any advice or other information given on the App.
DATA RENENTION
You acknowledge that Silend as no obligation to retain data relating to account or community. You acknowledge that Silend reserves the right to delete data or terminatie accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Silend App, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Silend nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
SPAM POLICY
You are strictly prohibited from using the App or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party apps or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our App.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App.
SERVICE INTERRUPTIONS
We may need to interrupt your access to the App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the App may be affected by unanticipated or unscheduled downtime for any reason but that we shall have no liability for any damage or loss caused because of such downtime.
TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
"AS IS" and "AS AVAILABLE" Disclaimer
The service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Silend and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an "Indemnified Party"), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Silend. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Silend in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.
NO WARRANTIES
You agree that your use of the App and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the App or Services will meet your needs or that the App or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the App or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the App or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GENERAL PROVISIONS:
JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of the United States without giving effect to any principles of conflicts of law. The Courts of the United States shall have exclusive jurisdiction over any dispute arising from the use of the App.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of Silend will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email. For any questions or concerns, please use the contact us form on the App or email us.
This document was last updated on September 24, 2023
