Silverbee AI Inc. ("Silverbee AI", "us", "our", or "we"), a company registered in Delaware, United States, is the developer and proprietor of AI-driven marketing technology that delivers personalized content to users through adaptive multivariate testing and comprehensive user data analytics, enabling its users to deliver customized content to their end users ("End Users").

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You" or "Your"), and Silverbee AI., concerning your access to and use of our website http://www.SilverbeeAI.ai (the "Site") together with other related products and services available therein that refer or link to these Terms (collectively, the "Services").

If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where these Terms or use of the Services is prohibited.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Use of Services

Silverbee AI allows you to access and use the Services subject to these Terms. Silverbee AI may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice.

By using the Services, you represent and warrant that (a) any and all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 18 years of age or older and have the ability to form a binding contract; (d) Your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.

By using the Services, you further acknowledge and agree that You may provide input by communicating with the system through our conversational (chat) service (collectively, "Input"), and in response, you will receive output generated by the Service based on Your Input ("Output"). Input and Output are collectively referred to as "Conversation." You hereby grant Silverbee AI a perpetual, worldwide, non-exclusive, royalty-free license to use, adapt, and otherwise exploit the Conversation for any purpose, including but not limited to providing, maintaining, developing, and improving our Services; complying with applicable law; enforcing our terms and policies; and keeping our Services safe, all subject to our Privacy Policy.

Account Registration

In order to use the Services, you will need to have a registered account. You can register by logging in through third-party login account (Google), or as may be permitted by Silverbee AI from time to time. By registering through any other third-party login account, you represent and warrant that such third-party login account is yours and you have full rights to provide us with the information in this account. To complete the registration process, you must provide all (additional) registration information as requested by Silverbee AI. We may indicate that the provision of some information is optional, and you have no legal obligation to provide us with the information, but your agreement to provide such information may assist us in providing you with improved Services.

A user may be designated as either an "Owner", a "Moderator" or a "User". Depending on the designation of your account, different services may be available to you. Initial registration of an account must be completed by an Owner. Following initial setup of an account, the Owner may add additional users by providing their email addresses and may designate them as either Moderators or Users. Each additional user whose information has been provided by the Owner shall receive an email inviting them to register independently. If you are an Owner, you represent and warrant that you have the full right and power to provide Silverbee AI with any email address of a third party and that you are fully and solely responsible for providing Silverbee AI with email addresses only related to your Company.

Silverbee AI offers different plans to suit your needs. Silverbee AI may refuse to open an account for any individual or Company in its sole discretion.

You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. Silverbee AI will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Silverbee AI harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at info@silverbee.ai that your account has been compromised and have requested us to block access to it. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

Based on the package for which you have registered, additional features may be available to you. You may be offered the option to connect the data collected through the Services with other Personal Data (as such term is defined in our Privacy Policy) that you have collected and/or have directed us to collect regarding individual End Users, by configuring the Services accordingly ("Analytics Feature"). The Analytics Feature may also allow you to connect Personal Data collected about End Users from one of your Customer Sites (as defined below) to Personal Data collected about End Users from a different one of your Customer Sites.

Term and Termination of Account

These Terms shall remain in full force and effect while you use the Services.

Silverbee AI may terminate your account or deny you access to and use of the Services for any reason and at any time, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. Upon termination of your account, you shall not have any further access to any content that may be available through your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users or the business interests of Silverbee AI, or (v) failure to make payment in accordance with the terms specified herein. If your account is terminated, you may not rejoin Silverbee AI again without our express permission.

If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

You may request termination of your Silverbee AI account at any time and for any reason by sending an email to info@silverbee.ai. Following such request, Silverbee AI shall close your account as soon as reasonably practicable. By terminating your account, your data may be deleted from Silverbee AI's servers, and it will not be possible to recover this data in the future. Any suspension, cancellation or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension, cancellation or termination.

Prohibited Activities

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (3) use the Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user's account or password without permission; (6) use the Services or content thereon in any manner not permitted by these Terms.

Intellectual Property

Silverbee AI or its licensors, as the case may be, own the Services and all content available on the Services including any enhancements or modifications thereof, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit, reverse engineer, or otherwise use the Services or any portion thereof. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Silverbee AI or any third party.

Fees and Payment

You agree to pay Silverbee AI the fees as specified on the Site in accordance with the plan for which you have registered. Payments are to be made on a monthly basis, in advance of the applicable month. It is clarified that you will not be eligible for a refund in respect of any month paid in advance. You will be asked to provide customary billing information such as name, billing address and credit card information either to Silverbee AI or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Silverbee AI or indirectly, via a third-party online payment processor or by one of the payment methods described in the Services. If you are directed to a third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal data collection practices. Please review such terms and conditions and privacy policy before using such services.

Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay any applicable taxes, and to clarify such information when making a payment. Silverbee AI does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.

Please note that Silverbee AI may impose or deduct foreign currency processing costs on or from any payments or payouts by Silverbee AI in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.

Disclaimers and Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services, content thereon, are provided on an AS IS and AS AVAILABLE basis.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, CONTENT THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.

YOUR USE OF AND RELIANCE UPON THE SERVICES AND ANY RESULTING OUTPUT IS AT YOUR SOLE DISCRETION AND RISK, AND WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICES USE ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES THAT MAY PRODUCE OUTPUTS THAT ARE INCOMPLETE, INACCURATE OR UNSUITABLE FOR YOUR INTENDED PURPOSE. ANY RELIANCE ON OR DECISIONS MADE BASED ON AI-GENERATED RESPONSES, CONVERSATIONS OR OUTPUTS IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL AI OUTPUTS BEFORE USE. THE SERVICES DO NOT PROVIDE PROFESSIONAL, LEGAL, MEDICAL OR OTHER REGULATED ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You acknowledge and agree that Silverbee AI is not a data retention service. You therefore must create backups of your data, and Silverbee AI shall have no responsibility or liability in respect of any loss of, damage to, or corruption of such data.

Limitation of Liability

IN ADDITION TO THE FORGOING, IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO SILVERBEE AI FOR THE USE OF THE SERVICES, THEN SILVERBEE AI SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Services.

Privacy Policy

Our privacy policy, available at https://www.silverbee.ai/privacy ("Privacy Policy") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Policy). By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

Data Processing Agreement

To the extent that we process on your behalf any personal data of your End Users that is subject to the GDPR, the Protection of Privacy Law, 5741-1981 or other applicable data protection laws, you agree to be bound by our Data Processing Agreement ("DPA"), which is available at www.Silverbee AI.ai/terms/dpa and is incorporated by reference into these Terms. The DPA outlines our obligations with respect to the personal data we process on your behalf.

You further represent and warrant that (a) you have and shall maintain throughout the term of these Terms and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to Silverbee AI in accordance with the DPA, including with respect to the use of the Analytics Feature (defined above) and any cross-domain use of Personal Data (b) you shall ensure that a record of such consents is maintained, as required under applicable law; and (c) you shall provide End Users with a privacy notice in accordance with applicable law, informing them of the collection, processing and transfer of their Personal Data by and to Silverbee AI and their ability to opt-out of such processing with an email request to Silverbee AI at: info@silverbee.ai; and (d) you shall not provide Silverbee AI with any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial, or health data).

Changes to the Terms

We may update and amend these Terms from time to time to keep it up to date with legal requirements and the way we operate our business. We will place any updates on this Site. Please come back to this Site every now and then to make sure you are familiar with the latest version of the Terms.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Silverbee AI or enables you to act on behalf of Silverbee AI. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.