Hidden Leaf Technologies Terms And Conditions

Updated on: November 3, 2023

This "Terms of Service" document, in conjunction with our Policies and the enrollment form, constitutes the binding agreement ("Agreement") between you, the user of silentsparks.in (hereinafter referred to as "silentsparks.in user"), and Hidden Leaf Technologies, a division of Hidden Leaf Technologies. Please note that silentsparks.in reserves the right to modify these policies at any time and require silentsparks.in users to acknowledge and agree to such changes. Any changes made to these policies will be effective going forward. Your continued participation in our services following notice of changes by silentsparks.in shall be deemed as your acceptance of those changes.
In this Agreement, "You" and "Your" refer to the user who signed this Agreement (including electronically), and "We," "Us," and "Our" refer to the staff, executives, and officers of Hidden Leaf Technologies and its products. By using the silentsparks.in app, you acknowledge that you will be responding to the questions presented to you by the silentsparks.in app.
You also understand and consent to the following:
1. Access to Contact Lists: The silentsparks.in app will have access to the contact lists on your devices, including but not limited to computers, tablets, and phones.
2. Data Storage: The silentsparks.in app will store the contacts' data, which you provide through your actions on the app. This data will be uploaded and stored on our servers as well as third-party servers, including but not limited to Heroku, Amazon S3, and others.
3. Personally Identifiable Information: Your personally identifiable information, such as your phone number and dial code, will also be saved on silentsparks.in servers and third-party servers, including but not limited to Heroku, Amazon S3, etc.
4. Data Sharing: You acknowledge that your data, including but not limited to phone numbers and dial codes, may be shared with third-party services, such as 2factor.in, MongoDB, Google Firebase, Urban Airship, SendGrid, etc., for the purpose of sending you updates.
This Agreement outlines the terms and conditions governing your use of the silentsparks.in app. Please read it carefully and ensure you understand its provisions before using our services.

REPRESENTATIONS AND WARRANTIES

By using the silentsparks.in service, you represent and warrant that:
1.You are authorized to accept and agree to these Terms of Service on your own behalf.
2. You possess the physical, medical, and mental capacity necessary to participate in the services provided by silentsparks.in.
3. You are executing this Agreement voluntarily and without any form of coercion.
Your acceptance of these Terms of Service is based on these representations and warranties. If you do not meet these criteria, you should refrain from using the silentsparks.in service.

DISCLAIMER

We provide our services "as is," and we make no warranties or representations whatsoever with respect to the services, including any: (a) Warranty of merchantability; (b) Warranty of fitness for a particular purpose; (c) Warranty of title; or (d) Warranty of performance or results; These warranties are neither expressed nor implied by law, course of dealing, course of performance, usage of trade, or any other means.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE, SHALL HIDDEN LEAF TECHNOLOGIES, ANY OF ITS DIVISIONS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND MATERIALS RELATED THERETO, YOUR PROVISION OF INFORMATION, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY ONLY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT OR YOUR PARTICIPATION IN THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HIDDEN LEAF TECHNOLOGIES.

INDEMNIFICATION

You, on behalf of yourself, your heirs, assigns, representatives, and next of kin, agree to hold harmless, release, waive, and agree to defend, hold harmless, and indemnify Protected Entities to the maximum extent permitted by law. This indemnification and release cover any and all injuries, liabilities, or damages that may arise from your use of the silentsparks.in web or mobile apps, except for those resulting from the gross negligence or willful misconduct of Hidden Leaf Technologies.

Hidden Leaf Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter that is otherwise subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claims.

DISPUTES

Class Action Waiver
You agree that the arbitration of any dispute shall be conducted on an individual basis and not on a class-wide basis. No arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Protected Entities or any other person. Additionally, you agree that you, and anyone asserting a claim through you, will not act as a class representative, class member, or participate in a class, representative, or consolidated proceeding against Protected Entities.
Both parties, including you and us, agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not preside over any form of a class or representative proceeding or claim. This includes class actions, representative actions, consolidated actions, or private attorney actions.
It's important to note that any claim challenging the validity, enforceability, unconscionability, voidness, or voidability of the class-action waiver may be determined only by a court of competent jurisdiction and not by an arbitrator.

MISCELLANEOUS

Interpretation
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Communication and Data Privacy
a. Text Messages: If you provide us with your phone number, you agree and consent to receive text messages from us. These messages may include transactional or relationship communications related to the services we offer, such as administrative notices, service announcements, changes, or messages containing commercial offers, promotions, or special offers from us. You may sign up, and therefore agree, to receive SMS or text messages on your mobile phone, allowing us to communicate with you through text messages/SMS. You have the option to opt out of text messages/SMS by contacting us in writing or visiting our office. However, please be aware that opting out may result in you being unable to access certain app features.
b. Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
c. User Information: During your use of our services, you may create an account, be asked to provide certain personally identifiable information to us, respond to surveys, or otherwise provide information as a result of services and products made available by us (collectively, "User Information"). We may use this User Information to facilitate payment, provide our services to you, for our internal business purposes, and for other purposes that were disclosed to you at the time you provided the information.
You acknowledge that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date. If you have questions about the information we have on file, please feel free to ask us.
For our online services, our privacy policy applies and is located at https://silentsparks.in/privacy-policy

Our Intellectual Property Rights
a. Trademarks: The trademarks of Hidden Leaf Technologies are proprietary to us and may not be used by you for any purpose other than as expressly permitted by these terms.
b. Materials: All "Materials," including design, are the property of, or duly licensed to, Hidden Leaf Technologies. You acknowledge that Hidden Leaf Technologies and/or third-party content providers retain ownership of all Materials, and you do not acquire any ownership rights by viewing such material.
c. Acceptance of Agreement: By accepting these terms or by participating in any of our services, you agree to the Policies and the Terms of Service outlined above. These terms include important provisions such as limitation of liability, consent to use the phone number and dial code for marketing, consent to collect and process your data, consent to be contacted, and an agreement to arbitrate (collectively, the "Agreement").
For any concerns or feedback please contact legal@silentsparks.in

POLICIES

Updated: November 3, 2023

Silentsparks.in is a division of Hidden Leaf Technologies. Silentsparks.in reserves the right to modify these policies at any time and may require silentsparks.in users to acknowledge and agree to such changes. These changes will be binding on a going forward basis. By continuing your participation in our services, you are deemed to have accepted these changes.
In this Agreement, "You" and "Your" refer to the user who signed the Agreement, and "We," "Us," and "Our" refer to the staff, executives, and officers of Hidden Leaf Technologies and its products.
Name/Likeness Permission:
By using the silentsparks.in web or mobile app, you agree that Silentsparks.in has the right to store your phone number and dial code. If you have any questions or would like to revoke your consent for future marketing or promotional uses (e.g., for materials that have not yet been produced), please contact us.
Assumption of Risk and Indemnification:
As further described in the Terms of Service, you acknowledge and agree, on your behalf, to:
(i) Assume the risk and financial responsibility of participation in our services.
(ii) Indemnify and hold Hidden Leaf Technologies and its products harmless and release Hidden Leaf Technologies and its products from any and all liability for any injury that may be suffered by users arising out of or in any way connected with the use of the silentsparks.in web or mobile app.