This agreement ('Agreement') was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. This Agreement contains terms and conditions ('User Terms') that apply to your visit to and use of our website at silentsalesman.ca (the 'Platform'), our mobile application (the 'App'), content, products, and services which we call the 'Services.' SilentSalesman.ca is an online platform owned by Silent Salesman Technologies. References to ‘Silent Salesman’, ‘we’, ‘our’ or similar terms mean Silent Salesman Technologies. These User Terms govern our relationship with you and other users who interact with the Services.
1. Silent Salesman Technologies
Your contracting partner is Silent Salesman, established in Calgary, AB, Canada.
2. How is a contract closed between Silent Salesman and you?
By using the Services, you enter into a contract with Silent Salesman and agree to these User Terms, as updated from time to time in accordance with Section 14 below.
You have to be 18 years of age or older to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts your ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Platform, App, or Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and use the Services.
We may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these User Terms, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE, APP OR SERVICES.
Subject to your compliance with these Terms, Silent Salesman grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Platform and App on your personal device solely in connection with your use of the Services; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Silent Salesman and Silent Salesman's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Silent Salesman; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. Sharing your content and information
You own all of the content and information you provide to Silent Salesman. In addition:
A. For content that is covered by intellectual property rights such as, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Silent Salesman (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
B. When you delete your account including any IP content shared via your account, your IP content may not be deleted. In addition, you understand that any removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
C. When you use a specific service, you may be asked for permission to access your content and information as well as content and information that others have shared with you.
D. We always appreciate your feedback or other suggestions about Silent Salesman, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Silent Salesman safe and this includes the following commitments by you:
A.You will not disseminate unauthorized commercial communications (such as spam) on Silent Salesman.
B. You will not collect users'' content or information, or otherwise access Silent Salesman, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
C. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Silent Salesman.
D. You will not upload viruses or other malicious code.
E. You will not solicit login information or access an account belonging to someone else.
F. You will not bully, intimidate, or harass any user.
G. You will not upload or otherwise post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
H. You will not use Silent Salesman to do anything unlawful, misleading, malicious, or discriminatory.
I. You will not do anything that could disable, overburden, or impair the proper working or appearance of Silent Salesman, such as a denial of service attack or interference with page rendering or other Silent Salesman functionality.
J. You will not facilitate or encourage any violations of these User Terms or our policies.
8. Registration and security
You the user are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs within your account. The user agrees to notify Silent Salesman immediately of any unauthorized use of the user’s account or password, or any other breach of security that has taken place. You may be held liable for losses incurred by Silent Salesman or any other user or visitor to the platform due to someone else using your password or account as a result of you failing to keep your account information secure and confidential.
You may not use anyone else’s Silent Salesman identification, password or account at any time.
Silent Salesman users provide their real names and information. You agree that:
A. You will not provide any false personal information on Silent Salesman, or create an account for anyone other than yourself without permission.
B. You will not use your account primarily for your own commercial gain, and will not use Silent Salesman for such purposes.
C. You will keep your contact information accurate and up-to-date.
D. You will not share your account, let anyone else access your account, or do anything else that might jeopardize the security of your account.
E. You will not transfer your account to anyone without first getting our written permission.
9. Protecting other people’s rights
A. We respect other people's rights and expect you to do the same.
B. You will not post content or take any action on Silent Salesman that infringes or violates someone else's rights or otherwise violates the law.
C. We can remove any content or information you post on Silent Salesman or otherwise disseminate via Silent Salesman if we, in our sole discretion, believe that it violates this User Terms Statement, our policies, or the rights of any other users.
D. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, please contact us at support (at) Silent Salesman (dot) com.
E. If you repeatedly infringe on other people's intellectual property rights, we will disable your account.
F. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by Silent Salesman.
G. You will not post anyone's identification documents or sensitive financial information on Silent Salesman.
H. You will not copy, forward, redirect, or otherwise communicate to any third party the identification documents you see on Silent Salesman.
10. Mobile and other devices
A. If you use a mobile device to access Silent Salesman, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
B. You provide consent and all rights necessary to enable users to view, via their mobile devices, any information that is visible to them on the Platform.
11. About advertisements and other commercial content served or enhanced by Silent Salesman
We may deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
A. We do not give your content or information to advertisers without your consent.
B. You understand that we may not always identify paid services and communications as such.
12. Third party interactions
13. Term and termination of the contract
The Contract between Silent Salesman and you is concluded for an indefinite period. You are entitled to terminate the Agreement at all times by permanent deletion of your user account. To do this, you must contact us through support (at) Silent Salesman (dot) com and follow the instructions for removal. Silent Salesman is entitled to terminate the Agreement at all times and with immediate effect (by disabling your use of the Platform and Services) if you:
A. Violate or breach any of these User Terms.
B. In the opinion of Silent Salesman, misuse the Platform, the App, or the Services.
Silent Salesman is not obliged to give notice of the termination of the Agreement in advance. After termination Silent Salesman will give notice thereof in accordance with the User Terms.
You understand that use of the Services may result in payments by you for or as part of the services you receive ('Charges'). After you have received services obtained, Silent Salesman will facilitate payment of the applicable Charges by redirecting you to our third party payment processing agent.
All Charges are due immediately.
Silent Salesman reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time at Silent Salesman's sole discretion. Silent Salesman will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Silent Salesman may, from time to time, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services. You agree that such promotional offers and discounts, shall have no bearing on your use of the Services or the Charges applied to you.
15. Handling Fee
a) Any purchase of credit through a 3rd party will be subject to a handling fee.
b) Any credit payout through a 3rd party will require a handling fee to process such payment to the user.
The following is a list of our handling fees:
Paypal (purchase): 2.9% of the transaction amount + $0.30 CAD.
PayPal (payout): 2.9% of the transaction amount + $0.30 CAD.
Cheque (payout): FREE
A. We may amend these User Terms and other policies without prior notification to you.
B. If we make material changes to policies, guidelines or other terms referenced in or incorporated by these User Terms, we will provide notice on the Platform.
C. Your continued use of Silent Salesman, following changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
17. Iintellectual Property Ownership
A. Silent Salesman alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to Silent Salesman, the Platform, the App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Silent Salesman, the Platform, the App or the Services.
B. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to Silent Salesman, the Platform, the App, the Services, or any intellectual property rights owned by Silent Salesman. Silent Salesman's name, logo, and the product names associated with the Platform, the App and Services are trademarks of Silent Salesman, its affiliated companies or third parties, and no right or license is granted to use them.
18. International Transfers Of Your Information
19. Special Provisions Applicable To Software
A. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
B. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
20. Special Provisions Applicable To Advertisers
If you use Silent Salesman for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, 'Advertising Activities'), you agree to comply with our Advertising Guidelines.
If you violate the letter or spirit of these User Terms, or otherwise create an unacceptable risk for other members of our community, or create possible legal exposure for us, we can stop providing all or part of Silent Salesman's services to you, and may terminate your Account. We will notify you by email or at the next time you attempt to access your account. You may also deactivate or delete your account at any time.
A. You will resolve any legal dispute you have with us arising out of or relating to these User Terms or Silent Salesman.
B. If anyone brings a claim against us related to your actions, content or information on Silent Salesman, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Silent Salesman and are not responsible for the content or information users transmit or share on Silent Salesman. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Silent Salesman. We are not responsible for the conduct, whether online or offline, of any Silent Salesman user.
C. We try to keep Silent Salesman up, bug-free, and safe but you use it at your own risk. we are providing silent salesman as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Silent Salesman will always be safe, secure or error-free or that Silent Salesman will always function without disruptions, delays or imperfections. Silent Salesman is not responsible for the actions, content, information, or data of third parties, and you release Silent Salesman Technologies, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or silent salesman, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or silent salesman will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, silent salesman’s liability will be limited to the fullest extent permitted by applicable law.
23. Claims of Copyright Infringement
Claims of copyright infringement should be sent to Silent Salesman’s designated agent. Please contact support (at) silentsalesman.ca for the designated address and additional information.
A. This Agreement and any agreements linked herein makes up the entire agreement between the parties regarding Silent Salesman and supersedes any prior agreements.
B. If any portion of these User Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
C. If we fail to enforce any of these User Terms, it will not be considered a waiver.
D. Any amendment to or waiver of these User Terms must be made in writing and signed by us.
E. You will not transfer any of your rights or obligations under these User Terms to anyone else without our consent.
F. All of our rights and obligations under these User Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
G. Nothing in these User Terms shall prevent us from complying with the law.
H. These User Terms does not confer any third party beneficiary rights.
I. We reserve all rights not expressly granted to you.
J. You will comply with all applicable laws when using or accessing Silent Salesman.
Date of Last Revision: November 6, 2023