Terms of Use

1. Acceptance of Terms

By accessing and using Silo (“Service”), operated by Errinundra Pty Ltd t/a Silo ABN: 29 680 843 814 (the “Company”, “we”, “us”, or “our”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Use constitute a legally binding agreement between you and the Company. You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service.

2. Service Description and Use License

Silo is a software-as-a-service (SaaS) platform providing data analytics and business intelligence services. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may not:

• modify, copy, or create derivative works of the Service;
• reverse engineer, decompile, or disassemble any portion of the Service;
• access the Service to build a competitive product or service;
• use the Service for any unlawful purpose or in violation of any applicable laws;
• sublicense, resell, or distribute the Service to any third party;
• remove or alter any proprietary notices or labels.

3. Data Usage

Silo processes and stores your business data to provide analytics services. By using our service, you grant us permission to:

• Access and process data from your connected integrations
• Store your data in our secure data warehouse
• Generate insights and analytics based on your data for your use within the platform
• Use aggregated, anonymized data to improve our services

Your data remains your property. We do not sell, share, or disclose your data to third parties except as required by law.

4. Payment Terms

Access to the Service requires payment of subscription fees as specified on our pricing page. All fees are in US Dollars (USD) unless otherwise stated and are exclusive of GST, which will be added where applicable.

• Subscription fees are billed in advance on a monthly or annual basis;
• All fees are non-refundable except as required by Australian Consumer Law;
• We reserve the right to modify pricing with 30 days' notice;
• Failure to pay fees may result in suspension or termination of your access.

5. Disclaimer and Consumer Guarantees

To the maximum extent permitted by law, the Service is provided on an 'as is' and 'as available' basis. We make no warranties or representations about the accuracy or completeness of the Service's content.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws that cannot be excluded, restricted or modified by agreement.

Subject to the above, we exclude all implied conditions and warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

6. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Service in the 12 months preceding the claim.

These limitations apply to the extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth).

7. Intellectual Property

The Service, including all content, features, and functionality, is owned by the Company and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain all rights to your data. By using the Service, you grant us a limited license to use, process, and display your data solely for the purpose of providing the Service to you.

8. Termination

Either party may terminate this agreement:

• By you at any time with immediate effect, or by us with 30 days' written notice;
• Immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days;
• Immediately if the other party becomes insolvent or enters bankruptcy proceedings.

Upon termination, your access to the Service will cease, and you must stop using the Service. If requested within 7 days following termination, we will provide an SQL export of your data, after which it will be deleted.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Where Silo processes personal data on your behalf, our Data Processing Addendum applies and is incorporated into these Terms by reference. The DPA sets out our processor obligations, including security measures, breach notification, data residency, sub-processor management, and AI processing commitments.

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may commence legal proceedings in the appropriate court in New South Wales.

12. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Service;
• Severability: If any provision is found to be unenforceable, the remaining provisions will continue in effect;
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term;
• Assignment: You may not assign or transfer these Terms without our prior written consent;
• Force Majeure: Neither party shall be liable for delays or failures due to causes beyond their reasonable control.

Contact Information

Errinundra Pty Ltd t/a Silo (the “Company”)
ABN: 29 680 843 814
Email: team@siloag.com
81–83 Campbell Street, Surry Hills NSW 2010, Australia

Executed as an Agreement

By signing below, the parties agree to be bound by this Agreement.