Terms and Conditions for use of Services.
October 16, 2019
The terms and conditions listed below govern use of the online services (the “services”, “Online Services”), and materials available therein (“Materials”) provided by Silver Sky Soft Services, Inc. (“we”, “us”, “our”, “ours”, “Company”), the terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, person etc.) or government agency using these services.
Silver Sky Soft Services, Inc copyrighted or owned software applications (“Apps”, “App”) will be additionally bound by the terms in End-User License Agreement section. Please read this page in its entirety.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Silver Sky Soft Services or any affiliated company. Personal information may also be collected by our apps when you signup or use features that require saving of such data. We may also collect personal information about your customers when they or you interact with our App or service.
What personal information we collect
When you contact us via our contact forms or buy products and services, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information, gender, date of birth, portions of account numbers, preferences, times of certain actions such as login / logout, your business operations as seen by our services and apps, purchase history with us.
In addition, we may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
How we use your personal information
The personal information we collect allows us to keep you posted on Silver Sky Soft’s latest product announcements, updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by contacting us via email below. We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising. From time to time, we may use your personal information to send important notices, such as communications about accounts and changes to our terms, conditions, and policies. Because this information is important to your interaction with Silver Sky Soft, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
We may share personal data that we collect with:
The person from whom or on whose behalf we collected the personal data
Company may disclose personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
Your Rights and Choices
Data Subject Rights
If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Cookies and “Do Not Track”
As with many most websites, we utilize cookie technology to help provide a better user experience. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, our website will not function in a well defined manner if you choose not to accept the cookies here. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Our website does not track users and/or their actions over time and across third party websites. Therefore, if your browser sends us a “Do Not Track” signal, we do not respond. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Third parties that have content embedded on Silver Sky Soft’s websites may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited Silver Sky Soft and an IP address. Third parties cannot collect any other personally identifiable information from Silver Sky Soft’s websites unless you provide it to them directly.
Sharing of Information
Personal information will only be shared by Silver Sky Soft to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
Silver Sky Soft shares personal information with companies who provide services such as merchant application processing and approval, fulfilling customer orders, information processing, product delivery, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information at the same level as we do.
Additional Information for Persons Located in Europe
Company is a data processor acting for and on behalf of you that has installed our application on your device. You are the controller of personal data that we process on your behalf. The platform on which the App runs is generally controlled by one or more legal entity. That platform controller is also a controller of personal data in some circumstances. We may be contacted using the information found the end of this document.
Legal Bases for Processing
Company processes personal data as directed or permitted by the Merchant that uses our application. You, as a user of the App, are responsible for establishing a legal basis for our processing of personal data for or on behalf of the Merchant.
Cross Border Data Transfer
When we transfer personal data outside of Europe to countries not deemed by the European Commission to provide an adequate level of protection for personal data, we make the transfer pursuant to one of the following transfer mechanisms:
A contract approved by the European Commission (sometimes called “Model Clauses” or “Standard Contractual Clauses”);
The EU-US Privacy Shield;
The recipient’s Binding Corporate Rules;
The consent of the individual to whom the personal data relates; or
Other mechanisms or legal grounds as may be permitted under applicable European law.
You may contact us with questions about our transfer mechanism.
Subject to our agreement with you, Company retains personal data for as long as necessary to (a) provide our products and services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the application.
Data Subject Rights
Under certain circumstances, data subjects in Europe have certain rights relating to their personal data, which include the rights to request from the Controller (a) access to the data subject’s personal data; (b) correction of incomplete or inaccurate personal data; (c) erasure of personal data; (d) restriction of processing concerning the data subject; and (e) that the controller provide a copy of the data subject’s personal data that the data subject provided to the controller in a structured, commonly used and machine-readable format. Data subjects may also object to a controller’s processing of personal data under certain circumstances. Where processing is based on a data subject’s consent, the data subject has the right to withdraw consent at any time; however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Data subjects may also file a complaint with a supervisory authority. You may view contact information for supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en. Data subjects in Europe should direct any rights request to the appropriate Controller.
Terms and Conditions, Order and Return policy for Online Orders
When a product (“Product”) is offered for sale as part of the Services, we may accept your offer to purchase Products subject to these Terms. At that time, we will capture payment on the payment instrument you provided and ship your Product. We may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Products requested.
Silver Sky Soft Services, Inc. reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. For any order portion we cancel, you will receive a refund of the price and taxes you paid for that order portion less the value of any promotional merchandise or discount you received.
In addition, Products may be made available for reservation and pre-order via the Services. If you place a reservation and pre-order for a Product that is not yet available for sale, we will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase Products at any time prior to shipment and receive a refund of your payment.
Availability, Pricing, Taxes
All Products offered via the Services are subject to availability. Prices for the Products are subject to change without notice at any time. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You hereby authorize Silver Sky Soft Services, Inc. to bill your payment instrument in accordance with the Product you are purchasing. You shall be responsible for all taxes associated with Products if we have not collected such taxes on your behalf.
All pricing is subject to change without notice. If you have already paid for an unshipped product, that price may change with your consent. If you do not consent to such change, your order may be cancelled and your payment will be returned to you without interest.
Silver Sky Soft’s normal and preferred method of payment is Automated Clearing House (ACH) transfers in the US. Wires and checks used for high value invoice payments, on a case by case basis. If you have a reseller agreement, all pricing quoted are for ACH payments. Additional handling charge of 3% to 4% of the total invoice due including shipping and tax is applied to non-ACH payments.
Monthly Fees for Poynt Smart Terminals
Poynt Smart Terminal products require a recurring monthly fee. This fee is billed with a valid payment instrument. You agree that we may charge you via invoice and hold you liable if your payment instrument expires. You agree the service will continue as long as you officially communicate with us to terminate the service regardless of your payment status. we may terminate your service if payment of outstanding dues is not current.
Effect of service termination: You may not be able to operate your Poynt Smart Terminal. You agree to make arrangements to download your data before you terminate the agreement.
Resale and Title Transfer
Unless you are an Independent Sales Organization or Sales Agent who have registered with us, Purchases of Products via the Services are intended for end users only, and are not authorized for resale. Title for Products purchased from the Services passes to the purchaser at the time of delivery by Silver Sky Soft to the freight carrier.
Shipping and Delivery
Prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
The Products available through the Site are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
Once the product is shipped returns are only accepted for dead on arrival units or defective units which are covered by the manufacturer. A Return Merchandise Authorization (RMA) number is required for us to accept returns. You may obtain a RMA by contacting us for customer service.
Electronic Signatures Act 2000 disclosures
As part of your relationship with us, you are entitled by law to receive certain information “in writing.” The federal
E-SIGN Act and certain state laws allow us to provide this information to you electronically, instead, with your prior
consent. We also need your general consent to use electronic records and signatures in our relationship with you. So,
before you obtain products or services electronically from you must review and consent to the terms outlined below.
In this consent, “we,” “us,” “our” and “Vendor” are used to refer to Silver Sky Soft Services, Inc and their current and future affiliates who are or may be involved in or affiliated with the provision of Services to you.
“You” and “your” refer to the individual who is an officer, owner, principal, or other authorized representative of the
Merchant entity giving this consent.
1. Your consent to use electronic signatures. You agree that we may use and obtain from you electronic
signatures and you agree that such electronic signatures, whether used to execute any Agreement will have the same legal effect as if signed in ink. You also agree that
an electronic, scanned, facsimile, or duplicate copy of such signatures may be used as evidence of execution of
such agreements with us.
2. Your consent to use electronic records. You agree that disclosures, notices, records, and other information
we provide to you may be in electronic form, at our sole option (“Electronic Records”). Electronic Records we
provide to you may include, but are not limited to, the Rules and
Regulations, Service Agreement(s), Term(s) of Use, User Agreement(s), Privacy Notice(s)/Policies, E-Sign
Notice(s), reports, invoices/billing statements, notices, and other disclosures and materials, as well as any
updates, amendments and/or additions to any of the foregoing from time to time, related to the Services.
Electronic Records may be delivered to you in a variety of ways, including via e-mail, access to a website that
we make available to you or as otherwise may be described in our agreements with you. Accordingly, we may
satisfy any obligation or right we may have to provide you with any of Electronic Records by delivering or
providing you access to such Electronic Records as described in the preceding sentence and you agree such
Electronic Records will have the same meaning and effect as if we provided you with paper documents/records.
3. Your option to receive paper copies. If we provide you with Electronic Records, and you want a copy in
paper, you may contact us at our contact info page (includes postal address) and request a paper version. Please include your full name, phone number and other identifying information with your request. You may be subject to a fee for your request unless prohibited by
applicable law. Please refer to the applicable agreement for the fee that may apply.
4. Your consent covers all products and services. Your consent covers all of your transactions relating to
each product or service that you agree to obtain in connection with the Services, and remains in effect until you
withdraw your consent.
5. You may withdraw your consent at any time. You have the right to withdraw your consent at any time and
at no cost to you. Please be aware, however, that withdrawal of consent may result in the termination of your
agreement and all associated services which are used to provide Electronic Records. If you have enrolled
for electronic or online reports or invoices/billing statements, the termination will cause paper forms of these
documents to be mailed to you via U.S. Postal Service and you may be subject to a fee unless prohibited by
applicable law. If you wish to withdraw your consent, you must contact us via our contact us page. Please
include your full name, phone number and other identifying information with your request. Any such written notice will be deemed
effective 5 business days following receipt by us.
6. You must keep your email or electronic address current with us. In order to ensure that we are able to
provide you with Electronic Records and other important notices and information from time to time, you must
notify us of any change in your email or other electronic address. There may be other, special services for which we provide separate instructions to update your
7. Hardware and software you will need. In order to provide you with or for you to receive Electronic
Records and other important notices and information, you must have:
• A compatible operating system (listed in the chart below),
• A current version of an Internet browser we support (listed in the chart below),
• A connection to the Internet,
• An active email account,
• A current version of a program that accurately reads and displays PDF files (such as Adobe
Acrobat Reader as listed in the chart below), and
• A computer and an operating system capable of supporting all of the above. You will also
need a printer if you wish to print out and retain records on paper, and electronic storage if
you wish to retain records in electronic form.
Windows XP, Windows Vista, Windows 7; Mac OS X
Browsers: Final release versions of Internet Explorer 7.0 or above (Windows only);
Mozilla Firefox 3.0 or above (Windows and Mac); Safari 3.0 or above
(Mac OS only); Google Chrome 5.0 or above.
Mobile Signing: Apple iOS 4.0 or above. Android 2.2 or above.
PDF Reader: Acrobat or similar software may be required to view and print PDF files.
Screen Resolution: 1024 x 768 minimum
Allow per session cookies
8. Changes to hardware or software requirements. We reserve the right to discontinue support of any
hardware or software if, in our sole opinion, it suffers from a security or other flaw that makes it unsuitable for
use with receiving or accessing Electronic Records. And we always reserve the right, in our sole discretion, to
communicate with you by U.S. Postal Service.
End-User License Agreement
This End-User License Agreement (Agreement) is between Silver Sky Soft Services, Inc. (“we”, “us”, “our”, “ours”, “Company”, “Developer” ), and you (“you” and “your” in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, person etc.) or government agency using an Application or Software (cloud or downloaded). This Agreement is solely between you and Developer, and governs your use of Developer’s software application (which may be downloaded or may be entirely run online without a specific application download) and the corresponding services it provides (together, along with the associated documentation, proprietary, or intellectual property: the App). Review this Agreement completely. You agree to be bound by the terms of this Agreement when you download, install, copy, or use the App, and must accept this Agreement before doing so. If you do not agree to the terms of this Agreement, you must click “Decline” (or similar terms) and must not download, install, copy or use the App.
1.1 Ours Apps will provide you with the ability to manage various aspects of your business.
1.2 Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (defined below) of this Agreement to use the App solely for your internal business purposes. You will not otherwise distribute, lease, rent, host, sublicense, transfer, sell, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive the source code for the App. This license does not grant you any rights to Developer’s (or any other third party’s) trademarks, service marks, logos, trade dress, proprietary, or other intellectual property unless provided with the App. Developer reserves to itself (or applicable third parties) all right, title, interest, and license (express or implied) to the App that are not specifically granted to you under this Agreement. You will preserve and display any proprietary notices, markings, or branding associated with use of the App.
1.3 The App may update automatically from time-to-time, and you agree to accept these updates to continue using the App. Developer may perform maintenance on the App, which may result in service interruptions or delays from time-to-time. Developer may not support older versions of the App. You are solely responsible for obtaining all equipment and services (e.g., Internet connectivity) necessary to access and use the App.
1.4 The App normally runs on restricted Platforms such as, but not limited to, Clover App Store, Poynt App Store, Apple App store, Google Play Store (apps), Amazon App Store and others. An App’s entry into the Platform is normally controlled by a different legal entity separate from us. You agree to follow the rules and procedures set by these Platforms.
You will pay Developer a monthly fee for your use of the App, which will be automatically collected through the payment method you select during set-up for the App. You are responsible for payment of all sales, use, excise, or similar taxes (excluding taxes based on Developer’s income) imposed by federal, state, or local tax authority. You must notify Developer of any billing errors within 60 days from when an error appears on your invoice, after which time period you release Developer from all liability for Losses (defined below) resulting from these errors.
2.1 Revocation/Expiry of payment method and Invoices
You agree that you will follow the methods outlined in the Platforms to properly uninstall the app and stop your subscription. You agree that by failing to follow process and successfully stopping subscription, you will still be liable for Fees. Your voluntary or involuntary revocation of a Payment Method or charge backs do not remove this liability to pay for services used.
This Agreement commences when you accept or otherwise download, install, copy, or use the App; and will continue month-to-month until terminated (this period of time is the Agreement’s Term).
4. Suspension and Termination
4.1 Developer may promptly suspend or terminate your use of the App if (1) you violate this Agreement’s terms; (2) Developer believes your use of the App may damage its reputation or intellectual property rights; (3) Developer suspends or terminates its agreement(s) with any third party involved in providing the App; (4) you exceed normal and reasonable usage for the App; (5) you experience a bankruptcy or insolvency event; or (6) you are using the App for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of the App.
4.2 You may terminate this Agreement at any time and for any reason (without cause) by providing notice to Developer. Once you follow the instructions in our acknowledgement of termination, your termination will be effective at the end of the then current month or billing period in which you give notice. You will not receive a refund for the billing period in which you terminate this Agreement.
5. Confidentiality, Data, and Ideas
5.1 Neither of us will disclose non-public information about the other’s business; including, without limitation, the terms of this Agreement, technical specifications (whether related to the App or otherwise), customer lists, or information relating to a party’s operational, strategic, or financial matters (together, Confidential Information). Confidential Information does not include information that (1) is or subsequently becomes publicly available (through no fault of the recipient); (2) the recipient lawfully possesses before its disclosure; (3) is independently developed without reliance on the discloser’s Confidential Information; or (4) is received from a third party that is not obligated to keep it confidential. Each of us will implement and maintain reasonable safeguards to protect the other’s Confidential Information.
5.2 Neither of us may disclose the other’s Confidential Information except (1) to our respective directors, officers, employees, or representatives that need to know it in order to perform our obligations under this Agreement; (2) in response to a subpoena or court order; or (3) as required by applicable law, rule, or regulation.
5.4 You may provide, or Developer may invite you to provide, comments or ideas about the App (including, without limitation, improvements to it) (together, Ideas). By submitting any Ideas, you agree that (1) they are not Confidential Information; (2) they are not subject to any use or disclosure restrictions (express or implied); (3) you claim no rights in them; and (4) Developer has no obligation to notify or compensate you in connection with their disclosure or use. You release Developer from all liability or obligations that may arise from the receipt, review, disclosure, or use of any Idea that you submit.
You will be required to register for an account with Developer to use the App. You will provide us with accurate information when setting-up your account, and will maintain your account with current information. You will be responsible for establishing safeguards designed to prevent unauthorized access to, disclosure, use, or alteration of your account (safeguards may include, without limitation, user names, passwords, security questions and answers, or other credentials). You must notify Developer if you discover a security breach involving your account or the App. You are responsible for any unauthorized access to, disclosure, use, or alteration of your account, the App, or other transaction information that arises through your systems or account. It is your responsibility to back-up and maintain the accuracy and completeness of any content created, derived from, stored, or accessed through your account or your use of the App (content may include, without limitation, transaction information, text, images, graphics, or photos).
7.1 The App is provided to you “as-is” and “as-available.” You are solely responsible for determining if the App meets your needs. Developer disclaims all warranties (express or implied) related to your account or the App; including, without limitation, warranties of security, merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. Developer is not responsible for any disclosures, modifications, deletions, or other errors that arise in connection with your use of the App due to its interaction with other applications or their content.
7.2 You will indemnify Developer, its directors, officers, employees, agents, subsidiaries, and affiliates against any third party claims for losses, damages, costs, or expenses (including reasonable attorneys’ fees) (together, Losses) that result from your use or misuse of the App, or your breach of this Agreement. Developer may assume the defense of any third party claims that you must indemnify it for (at your expense), and you will cooperate with the defense of these claims. You will not settle any third party claims involving more than the payment of money without Developer’s written consent.
7.3 To the extent permitted by applicable law, Developer will not be liable to you for any lost profits, revenues, or business opportunities, nor any exemplary, punitive, special, indirect, incidental, or consequential damages; regardless of whether these damages were foreseeable or either of us was advised they were possible.
7.4 Developer’s total, aggregate liability to you for all Losses arising from any cause (regardless of the form of action or legal theory) in connection with this Agreement will not exceed the amount of fees you’ve paid to Developer during the 3 months prior to a Loss.
You authorized Developer to communicate with you electronically or otherwise using the contact information you provide to it (e.g., without limitation, via your account, the Internet, email, text, or live agent or automated calls to your mobile or other phone, even if these numbers appear on a Do Not Call or other non-solicitation registry). You are responsible for any fees charged by you communications provider for phone, text, or email communications that Developer sends to you.
9.1 You represent and warrant that you have authority to enter into this Agreement, creating performance obligations that are legally enforceable against you.
9.2 Developer may modify this Agreement from time-to-time and will provide you with notice when these modifications occur (notification may be through the App, email, a website, changes to the date shown at the top of this Agreement, or other electronic means). Your continued use of the App indicates your acceptance of any modifications to this Agreement. You must stop using and uninstall the App if you do not agree to any modifications that are made to this Agreement.
9.3 Each of us will comply with the laws, rules, and regulations (together, Laws) that apply to our respective performance under this Agreement; including, without limitation, laws related to the collection and use of consumer information obtained via the App. You will follow the requirements of all user documentation provided for the App. You will not use your App to access, store, or transmit materials that are tortious, libelous, or offensive; contain malicious code, viruses, time bombs, Trojan horses, bots, scrips or other programs; or infringe third parties’ intellectual property rights.
9.4 This Agreement is governed by California law, without regard to its conflicts or choice of law statutes. The courts in or for Sacramento County, New York are proper venue for any proceedings in connection with this Agreement. Both of us waive our rights to a trial by jury in connection with this Agreement.
9.5 This is the entire agreement between us, and supersedes any prior agreements related to its subject matter. Any sections or terms of this Agreement that are, or become, invalid or unenforceable will be severed; and the remaining terms will continue in effect. Developer is not waiving any of its rights under this Agreement if it delays their exercise or fails to exercise them. We are independent contractors. This Agreement does not create an agency, partnership, or joint venture of any kind.
9.6 You may not assign this Agreement without Developer’s written consent, which assignment is voidable by the Developer; however, Developer may assign this Agreement without notice to you or your consent.
Our Contact Information
Silver Sky Soft Services, Inc.
1750 Prairie City Rd, Ste 130 #135
Folsom, CA – 95630