Terms and Conditions
These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Silver Spectrum ("Company," "we," "us," or "our") governing your use of our platform ("Platform"). By accessing or using our services, you agree to be bound by this Agreement. If you do not agree to these terms, you must immediately cease using the Platform.
1. Definitions
- "Platform" refers to the online application or website where users can upload images, powerlines, and towers for generating inspection reports, including all services provided by Silver Spectrum.
- "Content" refers to any images, files, data, or other materials uploaded or generated on the Platform by the User.
- "User" refers to any individual or entity accessing or using the Platform.
2. Acceptance of Terms
By using the Platform, you confirm that you are at least 18 years of age or possess legal parental/guardian consent, and you are fully able and competent to enter into and comply with this Agreement. If you are using the Platform on behalf of an organization or entity, you represent and warrant that you are authorized to accept this Agreement on its behalf.
3. Modifications to Terms
Silver Spectrum reserves the right to modify or update this Agreement at any time. Any changes will be posted on this page with an updated "Last Updated" date. It is your responsibility to review this Agreement periodically. Your continued use of the Platform after any changes constitutes acceptance of the new terms.
4. Account Creation and Responsibilities
- Users are required to create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during registration and update such information as necessary.
- You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
- Silver Spectrum will not be liable for any losses or damages resulting from your failure to safeguard your account and password.
5. User Conduct and Obligations
By using the Platform, you agree that you will:
- Use the Platform only for lawful purposes and in accordance with this Agreement.
- Not upload, post, or transmit any content that is illegal, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable.
- Not impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
- Not engage in unauthorized access to or tampering with the Platform, including attempts to probe, scan, or test the vulnerability of any system or network.
- Not distribute malware, spyware, or any other malicious software that may disrupt the functionality of the Platform.
6. User Content and Intellectual Property
- As a User, you retain ownership of the content you upload to the Platform. However, by uploading content, you grant Silver Spectrum a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, display, store, and distribute your content in connection with operating and providing the Platform's services.
- You represent and warrant that you own or have the necessary rights to the content you upload and that such content does not violate the rights of any third party, including intellectual property rights, privacy rights, and publicity rights.
- Silver Spectrum reserves the right, but not the obligation, to remove content that violates this Agreement or applicable law.
7. Data Security and Privacy
Silver Spectrum is committed to protecting the privacy and security of your data. All personal information collected from you is governed by our Privacy Policy. You acknowledge and agree that Silver Spectrum may access, preserve, and disclose your account information and content if required to do so by law or if we believe such action is necessary to:
- Comply with legal obligations;
- Enforce this Agreement;
- Respond to claims that any content violates third-party rights;
- Protect the rights, property, or personal safety of Silver Spectrum, its users, or the public.
8. Fees and Payment
- Some services on the Platform may be offered on a paid basis. You agree to pay all fees and charges in accordance with the terms of the purchase. All fees are non-refundable except as expressly stated in our refund policy or as required by law.
- Silver Spectrum reserves the right to modify its pricing and payment terms at any time. Changes will be posted on the Platform and will take effect upon your next billing cycle.
9. Limitation of Liability
To the fullest extent permitted by law, Silver Spectrum will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- Your use of or inability to use the Platform;
- Unauthorized access to or alteration of your content;
- Any conduct or content of any third party on the Platform.
In no event shall Silver Spectrum's total liability for all claims related to the Platform exceed the amount paid by you, if any, for accessing or using the Platform.
10. Indemnification
You agree to indemnify, defend, and hold harmless Silver Spectrum, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees, arising out of or in any way connected with your access to or use of the Platform, your violation of this Agreement, or your infringement of any third-party rights.
11. Termination of Services
- Silver Spectrum reserves the right to suspend or terminate your account or access to the Platform at any time, for any reason, including but not limited to violations of this Agreement.
- Upon termination, your right to use the Platform will immediately cease. You will still be responsible for any outstanding payments due.
- All provisions of this Agreement that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution and Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
- Any disputes arising under or in connection with this Agreement will be resolved through binding arbitration in [Your Jurisdiction] or through the courts of [Your Jurisdiction] if arbitration is not available or applicable.
- By using the Platform, you waive your right to a trial by jury or to participate in a class action lawsuit.
13. Entire Agreement
This Agreement constitutes the entire understanding between you and Silver Spectrum regarding the use of the Platform. It supersedes all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter of this Agreement.
14. Contact Us
If you have any questions, concerns, or comments about this Agreement, please contact us at support@silverspectrum.com.