Terms of service
Silo Terms of Service
Last Updated: May 07, 2025
These Silo Terms of Service (“Terms”) apply to any access to or use of products and services provided by FreshKeep Inc. and its affiliates (collectively, “Silo,” “we,” “us,” or “our”), including the sale or rental of Silo’s products, such as the Silo smart food storage device (“Silo Device”), Silo compatible containers (“Containers”), and associated products (collectively, the “Products”), and use of Silo services, such as any Silo subscription plans, the Silo website (www.heysilo.com), the Silo mobile application (“App”), and associated services (collectively, the “Services”).
If you do not agree to these Terms, you may not access or use the Products or Services. For clarity, these Terms apply if you access or use any of our Products or Services, whether or not you create an account with us.
[Optional: If you are a commercial customer or otherwise renting or purchasing Products for use in a commercial context (such as a professional kitchen or catering business), certain of these terms and conditions may not apply to you. Email [email protected] with any questions.]
Please note that Section 17 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. Except as specified in Section 17, this provision requires that disputes be resolved solely through individual arbitration and not as a class arbitration, class action, or any other type of representative proceeding. If you do not wish to arbitrate disputes with Silo, you may opt out of arbitration by following the instructions provided in Section 17(l).
For information about how we collect, use, disclose, and otherwise process information about you, please see our Privacy Policy [Link to Privacy Policy]. If you have questions, contact our customer support team at [email protected].
Table of Contents
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Eligibility
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The Silo System (Device, Containers, and App)
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Silo Subscription Plans
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General Terms of Sale of Products and Services
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General Terms of Subscription PlansOther Payment Terms
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Limited Money Back Guarantee / Trial Period
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Free Trials
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Modifying, Suspending, or Terminating Services
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Prohibited Conduct
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SMS Terms
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Intellectual Property
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Indemnification
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Disclaimers of Express/Implied Warranties
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Limitation of Liability
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Dispute Resolution; Binding Arbitration
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Changes to Terms
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General
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iOS Minimum EULA Requirements
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Contact Us
1. Eligibility
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Account. Although these Terms apply regardless of whether you create or use an account, you must create a Silo account before using many of our Products and Services (including full App functionality). You are responsible for ensuring that your account information is up to date and that any information you provide to us is accurate. You are responsible for maintaining the security of your account credentials (including your username and password). You agree to promptly notify us if you discover or suspect any unauthorized access to or use of your account or password, or any other breach of security. Silo will not be liable for any loss or damage arising from someone else using your account without your permission.
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Age. You must be at least eighteen (18) years of age (or the age of legal majority in your jurisdiction, if higher) to purchase any of our Products and Services. All individuals under the age of majority (a minor) must have permission to use the Services from a parent or legal guardian who will provide supervision. The Service is not intended for individuals under the age of 18.
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Location. The Products and Services are currently only available and may only be used in the contiguous United States. We may add or subtract locations from time to time. What Products and Services are available, and at what cost, may vary by location. The address in your account must be the address where you use your Silo Device. You will be solely responsible for any purchase or use of our Products and Services outside of the contiguous United States. To the extent permitted by applicable law, Silo will not accept responsibility or liability associated with any loss, damage, or other injury caused by your purchase or use of the Products and Services outside of the contiguous United States. You are responsible for complying with all applicable laws and regulations of the jurisdiction in which the Products and Services are purchased or used.
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Other Users. If you use our Services on behalf of another person or entity, (i) you agree to these Terms on behalf of yourself and that person or entity, (ii) you represent that you are authorized to agree to these Terms on that person’s or entity’s behalf, and (iii) all references to “you” throughout these Terms, other than this sentence, will include you and that person or entity.
2. The Silo System (Device, Containers, and App)
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Silo System Components. Unless otherwise stated in these Terms or at the time of your purchase, if you buy a new Silo Device, in addition to your Silo Device and a starter set of Containers, you will typically receive: (i) access to our support team, (ii) a limited warranty for certain covered repairs or replacement of your Silo Device and Containers (as described in Section 2.7), (iii) use of our App (standard features), and (iv) additional gifts, offers, credits, and other benefits we may provide at our discretion. Silo’s product offerings, and what comes with the purchase of a Silo Device, are subject to change.
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Delivery and Inspection. Silo Devices and associated Products will be shipped according to our standard shipping policies. You agree to follow any instructions we provide regarding the delivery and set up of your Silo Device. You agree to inspect your Silo Device and Containers upon receipt and notify us immediately if they are damaged or otherwise defective. If you fail to notify us of any damage within 3 days of receipt, you acknowledge the Products were damage-free when delivered. Title to and risk of loss of physical Products you purchase pass to you upon our delivery to the carrier.
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Safety Instructions. You agree to review the safety warnings and instructions provided with your Silo Device and Containers (including in the user manual and App) before using them for the first time. You agree to always follow these warnings and instructions while using the Silo System. Failure to do so may result in damage to the Products, voiding of your warranty, or personal injury.
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Setup, Connectivity, and Use. You are solely responsible for the proper setup and use of your Silo Device and Containers in accordance with all instructions we provide (via user manuals, the App, our website, or customer support). This includes ensuring a suitable operating environment. A stable internet connection and a compatible Wi-Fi network (typically broadcasting a 2.4 Ghz signal, as specified in product documentation) are required to set up your Silo Device, receive software updates, and enable its full connected features, including but not limited to inventory management, freshness tracking, and remote App access. You are responsible for providing and maintaining your own internet access and ensuring your home network is compatible and configured correctly. The Silo App, installable on a compatible mobile device, is also required for initial setup and to access many features. Silo is not responsible for Product or Service limitations or failures due to your lack of suitable internet connectivity, an incompatible network, or failure to use the App. You acknowledge that the performance and availability of certain features are dependent on these external factors.
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Consumables & Accessories. You may order additional Containers, specialized vacuum bags (when available), or other accessories for your Silo System through our App or website. Unless otherwise disclosed, these will be at an additional charge. Only Silo-approved Containers and accessories should be used with the Silo Device to ensure proper functionality and safety.
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Proper Use, Prohibited Items, and Conduct with the Device. The Silo System is designed for storing appropriate food items as outlined in our user manual, App guidelines, and website (collectively, “Usage Guidelines”). It is your sole responsibility to ensure compliance with these Usage Guidelines. You agree that you will not, nor permit others to: a. Use the Silo Device or Containers for non-food items, or for any purpose other than their intended food storage and management use as described in the Usage Guidelines. b. Place any materials in the Silo Device or Containers that: (i) pose a safety risk to yourself or others; (ii) could damage, degrade, or unduly soil the Silo Device or Containers (e.g., corrosive substances, items with sharp protrusions not properly protected, excessive liquids without appropriate pre-sealing or use of designated accessories if applicable); (iii) are inherently unsuitable for vacuum sealing (e.g., certain soft cheeses, fresh mushrooms, or raw onions/garlic unless prepared as per food safety guidelines for anaerobic environments); or (iv) are illegal or hazardous. c. Attempt to vacuum seal items in a manner contrary to Usage Guidelines, such as overfilling Containers, failing to ensure a clean sealing area on Containers, or attempting to seal incompatible third-party bags or containers not expressly approved by Silo. d. Operate the Silo Device if it appears damaged or is malfunctioning, or if Containers are cracked or damaged in a way that might compromise the vacuum seal or food safety. e. Submerge the Silo Device in water or other liquids, or expose it to extreme temperatures or conditions outside those specified in the Usage Guidelines. f. If you rent your Silo Device, place it (i) outside of your primary dwelling, (ii) in an uncovered area exposed to weather, (iii) in an area prone to pests or extreme dust/debris, or (iv) anywhere it is reasonably likely to be damaged, lost, or stolen.
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Silo System Warranties. The limited warranty for Silo Devices and Containers is described here: [Link to Your Warranty Policy Page]. You are responsible for any repair or replacement costs not covered by the limited warranty applicable to your Products. We retain sole discretion in determining whether maintenance or replacement of a Product is needed and whether it is covered by your limited warranty.
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Device Return Policy. If you need to return your Silo Device (e.g., under a money-back guarantee, for warranty service, or at the end of a rental term), you must do so in accordance with the instructions we provide. If we send you a box to return your Silo Device but you do not complete the return, additional charges may apply. If we instruct you to return a Silo Device, you must do so by the date we specify.Device Model; Upgrades. We reserve the right to replace your Silo Device with a different model for any reason at any time (with advance notice if it’s a refurbished model replacing a new one). We may, from time to time, make new versions of the Silo Device or Containers available for purchase or rental, or offer additional products, accessories, or services for an additional fee.
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End of Life Policy. Your Silo Device may be subject to the Silo End-of-Life Policy [Link to EoL Policy, if you create one].
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Inventory Data, Freshness Estimations, and User Responsibility. As part of our Services, the Silo App provides features for inventory tracking (requiring your input via voice tagging or manual entry) and may offer estimations regarding typical food freshness timelines or suggestions for consumption ("Estimations"). You understand and agree that: a. Accuracy of Inventory Data: The accuracy of the inventory data within the App is heavily reliant on your diligent and accurate input (e.g., correctly tagging items, quantities, and purchase/storage dates) and timely updates when items are added, consumed, or discarded. Silo is not responsible for inaccuracies in inventory data resulting from user error or omission. b. Nature of Estimations (Disclaimer): ALL ESTIMATIONS ARE PROVIDED FOR INFORMATIONAL AND GENERAL GUIDANCE PURPOSES ONLY. THEY ARE BASED ON SILO’S OWN RESEARCH, CONSULTATION WITH FOOD EXPERTS, AND INFORMATION AVAILABLE FROM PUBLIC SOURCES, ASSUMING OPTIMAL INITIAL FOOD QUALITY, PROPER PREPARATION, SAFE HANDLING PRACTICES BY YOU, AND CORRECT USE OF THE SILO SYSTEM. SILO CANNOT AND DOES NOT “SENSE” OR ANALYZE THE ACTUAL MICROBIOLOGICAL STATE OR FRESHNESS OF FOOD WITHIN CONTAINERS. ESTIMATIONS ARE NOT A GUARANTEE OF FOOD SAFETY OR ACTUAL SHELF LIFE. c. User Judgment Prevails: Estimations are not intended to replace, and should never supersede, your own best judgment, visual inspection, olfactory assessment (smell), and common sense regarding food safety and quality. Always inspect food carefully before consumption, regardless of any Estimations provided by the App. If in doubt, discard the food. d. No Warranty on Estimations: Silo makes no warranty, representation, or guarantee as to the accuracy, completeness, or reliability of any Estimations. Your reliance on any Estimations is solely at your own risk. Silo disclaims all liability for any adverse consequences, including foodborne illness, spoilage, or economic loss, arising from reliance on Estimations. e. Service Purpose: The inventory and estimation features are intended to help you manage your food, potentially reduce waste, and optimize shopping habits. They are tools to assist your decision-making, not to make decisions for you. f. Changes: The types of data collected, the methods of estimation, and the features offered within the App are subject to change at any time at Silo’s discretion.
3. Silo Subscription Plans
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Subscription Components. Unless otherwise stated at the time of your purchase, a Silo subscription plan (e.g., for device rental or premium App services) may include: (i) use of a Silo Device, (ii) access to premium App features, (iii) regular supply of consumables, (iv) enhanced support, etc. Silo subscription services are subject to change.
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Subscription Fees and Term. Details regarding your subscription fees, payment schedule, term length, and renewal date will be provided at the time of purchase and accessible in your account on our website or App. Unless otherwise indicated, your first payment is due at checkout, and your subscription term begins as specified at purchase (e.g., upon delivery for device rentals, or immediately for service subscriptions).
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Cancellation. Cancellation terms for subscriptions will be specified at the time of purchase and in your account. If you cancel a device rental subscription before the end of your term, early termination fees may apply, and cancellation is only effective once the rented Silo Device is returned per Section 2.8. For service-only subscriptions, cancellation typically takes effect at the end of the current paid term. Other than as specified in these Terms or our guarantee (Section 8), subscription fees are nonrefundable.
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Financing. Silo may, directly or through third parties, offer financing options for the purchase or rental of Products. Such financing will be subject to separate terms and conditions provided by Silo or the third-party lender.
5. General Terms of Sale of Products and Services
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Sale of Products and Services. Silo offers and accepts orders for Products and Services through the Silo website, App, and other authorized channels. Unless otherwise specified, you must pay for Products and Services when you place an order. You agree to provide only true, accurate, current, and complete purchase and account information.
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Pricing. The total price you pay will be presented to you prior to purchase and will include the price of the Products/Services plus any applicable tax and shipping charges, less any discounts. All prices are in U.S. dollars. We may change prices at any time, but changes will not affect orders already placed. We do not offer price protection or refunds for price drops or promotions after purchase. If a Product or Service is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for it, even if confirmed and charged. If charged, we will issue a refund.
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Order Fulfillment. Orders are subject to availability. We reserve the right to impose quantity limits, reject all or part of an order, and discontinue Products or Services without prior notice. If your order is canceled, we will refund any payment made. Delivery dates are estimates and not guaranteed. Silo is not liable for delays in shipment or delivery.
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Not for Commercial Resale or Export. Products and Services are intended for your personal, noncommercial use. Resale to third parties is not authorized. We reserve the right to refuse or cancel orders suspected of being for resale. You will not export or re-export Products or related technical information in violation of applicable law, including U.S. export control laws.
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Promotional Offers. We may offer special promotional offers. Eligibility is determined by Silo at its sole discretion. We reserve the right to revoke an offer. Terms and conditions will be disclosed with the offer.
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Subsidized Subscriptions and Purchases. If your purchase or use of Products/Services is subsidized by a third party (a “Providing Institution”), you are a “Sponsored User.” You agree that (1) Silo may share your personal information and usage data with the Providing Institution; (2) your use is governed by their agreement with Silo and these Terms; (3) the benefit may be revoked. You are responsible for applicable taxes. Issues with the benefit are between you and the Providing Institution.
6. General Terms of Subscription Plans (Consolidate with Section 3 if Silo only has one type of subscription. This is for general rules if multiple subscription types exist.)
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Silo Subscriptions Generally. We may offer various subscription plans. Every Silo subscription plan involves enrollment in an ongoing payment plan and will automatically renew until canceled. By signing up, you authorize us to charge your payment method for the initial term and recurrently for renewal terms. We will notify you of applicable fees and charge dates before renewal.
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Subscription Plans with Third-Parties. We may offer plans involving third-party products/services (e.g., integrated grocery delivery services). We are not responsible for third-party offerings. Their terms and conditions will be disclosed to you.
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Price or Plan Changes. We may change subscription prices or features. We will notify you in advance of price changes (excluding tax changes). If you don’t accept a price change, you can cancel before it takes effect.
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No Pauses. Generally, Silo subscriptions cannot be paused, and there are no refunds for unused terms, unless otherwise specified.
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Subscription Features and Conditions. We reserve the right to modify subscription features. Specific conditions and limitations will be disclosed at sign-up.
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Cancellation of Non-Device Subscriptions. You can cancel service-only subscriptions via your account or by contacting [email protected]. Cancellation usually takes effect at the end of the current term. No refunds for mid-term cancellations unless stated otherwise.
7. Other Payment Terms
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Payment Method. You must designate a valid payment method for purchases and keep a current one on file for subscriptions. You authorize us to charge your designated method for all fees. If your primary method fails, you authorize us to charge any other payment method associated with your account or updated information received from your bank/payment provider. You remain responsible for uncollected amounts. We may suspend access for unsettled payments.
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Taxes. You are responsible for sales, use, or other governmental taxes, fees, or duties. We may collect these if we determine they apply. Contact [email protected] within 30 days of an invoice if you believe a tax charge is incorrect.
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Errors. In case of billing errors, we reserve the right to correct them and revise your payment accordingly, with notification.
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Refunds. Unless specified at purchase or in our Limited Money Back Guarantee (Section 8), we are not obligated to provide refunds. Any refunds are at Silo’s sole discretion and do not entitle you to future refunds.
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Collections Agencies. You agree to pay all costs and collection fees if we use a third-party agent to resolve or collect damages, fees, or penalties due to your breach of these Terms or law.
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Late Payments. If payment is not received by the due date, we will notify you and attempt to re-charge. Late payments do not alter your payment schedule.
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Credits. We may offer promotional Credits. Requirements will be indicated in the offer. Credits typically offset future amounts owed to Silo and are non-transferable, non-refundable, and have no cash value except as set forth in these Terms or the offer.
8. Limited Money Back Guarantee / Trial Period
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Subject to this section, we may offer new Silo purchasers a 90-day money-back guarantee on their first purchase of a Silo Device from us or authorized partners, from the date the Device is delivered. If this guarantee is advertised on our website on your purchase date, and you decide within the applicable period you want a refund, you can cancel for a full refund of the amount paid to us (including taxes and shipping, if applicable), subject to these Terms.
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You will be charged at the time of purchase. This guarantee entitles you to a refund if eligible, not a delayed initial payment.
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We reserve the right to refuse a refund if the Silo Device or included Containers are returned in a damaged condition (beyond normal wear and tear) or if you breach these Terms. You must return the Silo Device and all original components/accessories. To qualify, within 90 days of delivery, you must initiate the return process via your Silo account or [email protected], and have the Products picked up by a shipping carrier for return within 10 days of initiating the process.
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If Products are not picked up for return within 10 days of initiating the process (through no fault of ours or our shipping partners), you may forfeit your right to a refund.
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We will provide return shipping materials. Additional charges may apply if you need extra materials due to your error.
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This guarantee applies only to your first purchase of a Silo Device. It does not apply to subsequent purchases, consumables, or other Services unless specified.
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Refunds are issued to the original payment method. Processing occurs after returned Products are received and inspected. Refunds are for money actually paid, excluding any Credits applied. Proof of purchase may be required.
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If you financed with a third party (e.g., Affirm), their refund policies apply to installments.
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This policy is subject to change or cancellation. Material changes will be communicated.
9. Free Trials
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We or our partners may offer trials of Products or Services (e.g., premium App features) for a specified period without payment or at a reduced price ("Trial"). Additional terms may be disclosed. Eligibility, availability, duration, and cancellation rules will be disclosed.
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For some Trials, you must provide payment details. By doing so, you agree we may automatically charge you for the purchase or begin charging for the applicable subscription at the Trial's end on a recurring basis, unless you cancel beforehand.
10. Modifying, Suspending, or Terminating Services
We reserve the right at any time, with or without prior notice, in our sole discretion and for any reason, to modify, suspend, terminate, or stop providing all or portions of our Products or Services. This includes the right to terminate or suspend your access or Account. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. We are not responsible for any loss or harm related to your inability to access or use our Services. Provisions that by their nature should survive termination will survive (see Section 19.5).
11. Prohibited Conduct
You agree you will not, nor will you permit anyone else to:
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Use any Silo Product or Service other than for its intended purpose; for any malicious, illegal, or unauthorized purpose; or in a negligent or reckless manner.
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Violate any applicable law, contract, intellectual property right, or other third-party right, or commit a tort.
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Put any items in a Silo Device or Container that are not intended for such use, could cause damage, or are hazardous (see Section 2.6).
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If renting a Silo Device: place it outside your dwelling, in an uncovered area, or where it’s likely to be damaged.
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License, sell, resell, rent, lease, transfer, assign, trade, barter, distribute, host, or otherwise commercially exploit the Services or rented Products in any way, unless expressly permitted for purchased Products under applicable law.
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Give or lend a rented Silo Device to someone other than us without our prior written consent.
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Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services (including App content or software), except as expressly permitted.
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Make or allow aftermarket alterations or modifications to a Silo Device (especially a rented one) or App, or otherwise tamper with them, including downloading/installing unauthorized third-party software.
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Provide a rented Silo Device to anyone other than us or our authorized agents for alteration, adjustment, or maintenance.
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Intentionally damage a Silo Product.
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Modify our Services, remove proprietary notices, or make derivative works.
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Engage in any activity that violates these Terms.
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Attempt to circumvent, disable, or otherwise interfere with any security-related features of the Products or Services, including the Silo Device, Containers (if applicable), or the App, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or Products.
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature through or to the Products or Services.
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Use any unauthorized third-party software or hardware to interact with the Silo Device, Containers, or App, or to intercept, "mine," or otherwise collect information from or through the Services, beyond the intended functionality provided by Silo.
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Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly approved by Silo.
12. SMS Terms
The terms in this Section 12 (the “Text Messaging Terms”), in addition to the rest of these Terms, apply to your participation in any text messaging program (the “Program”) operated by Silo and our affiliates. Your participation in the Program constitutes your express consent to receive automated messages (e.g., SMS and MMS) from Silo and our affiliates at the mobile number you provide, including text messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Text Messaging Terms. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the cancellation instructions below.
1. Program Details. The Program may include recurring and nonrecurring text messages related to our services, such as notifications or reminders about your account, orders, deliveries, payments, promotions, events, special offers, Product availability, shipping or repair updates, customer support, Product return, or other news about Silo and our affiliates, as well as other information that we think will be of interest to you. Message frequency will vary. Silo reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Silo also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Silo, our service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.
2. Participating Carriers. We are able to deliver messages to mobile phone carriers that are compatible with our messaging platform. Silo reserves the right to add or remove eligible mobile phone carriers from the Program from time to time.
3. Cancellation. You may opt out of the Program at any time. Text the keyword STOP, STOPALL, CANCEL, QUIT, END, or UNSUBSCRIBE to our shortcode or the phone number from which you are receiving messages to cancel your participation in the Program. After texting STOP, STOPALL, CANCEL, QUIT, END, or UNSUBSCRIBE, you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of these keyword commands and agree that Silo and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Silo through any other programs you have joined until you separately unsubscribe from those programs.
4. Help & Customer Care. Text the keyword HELP to our shortcode or the phone number from which you are receiving messages to receive customer support contact information, or email us at [email protected] to receive customer support.
5. Privacy. Your phone number, and any data obtained through the Program, will be processed in accordance with our Privacy Policy [Link to Privacy Policy] and will not be shared with any third-parties for their direct marketing purposes without your consent.
6. Contact. If you have any questions or concerns about the Program, please contact us at [email protected].
13. Intellectual Property
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Ownership. The Products and Services, including text, graphics, images, videos, illustrations, content, device firmware, App software, and all intellectual property rights (copyrights, patents, trademarks, trade secrets), are owned and reserved by us or our licensors and protected by U.S. and foreign laws. Your use does not transfer any rights, title, or interest in such IP to you, except as explicitly stated.
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Limited License; Software and Updates. a. License Grant: Subject to your compliance with these Terms, Silo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) use the software and firmware embedded in or provided for the Silo Device and any smart-enabled Containers ("Device Software") solely for your personal, non-commercial use of the Products as intended by Silo; and (ii) download, install, and use the Silo App on mobile devices that you own or control, solely for your personal, non-commercial use in connection with the Products. b. Restrictions: Copies of Device Software and the App are licensed, not sold. You shall not, and shall not permit others to: reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of any Device Software or the App; modify, adapt, translate, or create derivative works based on the Device Software or App; remove, alter, or obscure any proprietary notices; or use the Device Software or App for any purpose other than as expressly permitted herein. c. Updates: We may, from time to time, develop and provide updates, upgrades, patches, bug fixes, and other modifications to the Device Software and the App ("Updates"). Updates may be delivered automatically without providing any additional notice or receiving any additional consent from you. You consent to these automatic Updates. If you do not want such Updates, your remedy is to stop using the Products and Services. In some instances, you may be required to install Updates to continue using the Products or to access all features. You agree to promptly install any Updates that Silo makes available. You acknowledge that failure to install Updates may expose your Products to security risks, result in impaired functionality, or render the Products partially or wholly unusable. Silo shall have no liability for any damages, losses, or operational issues arising from your failure to install Updates in a timely manner.
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User Content and Data. a. Definition: "User Content" includes any information you provide or generate through your use of the Services, such as food items you log via voice tagging or manual entry, quantities, purchase dates, notes you add to inventory items, product reviews you submit, and consumption patterns inferred directly from your manual updates to the inventory (e.g., marking an item as consumed). You retain ownership of the intellectual property rights in the specific, identifiable User Content you create (e.g., the text of your review, your specific typed notes). b. License to Silo: By submitting, creating, or making available User Content through the Services, you grant Silo a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works of your User Content. This license is for the limited purposes of: (i) operating, providing, maintaining, and improving the Services (including developing new features and functionalities); (ii) personalizing your experience; (iii) protecting Silo and our users; and (iv) as otherwise permitted by our Privacy Policy. c. Aggregated and Anonymized Data: Notwithstanding the foregoing, you agree that Silo may collect, use, modify, and disclose data derived from your User Content and your use of the Services in an aggregated and anonymized form ("Aggregated Data") for its business purposes, including for analytics, industry research, developing and improving its Products and Services, and marketing. Aggregated Data does not personally identify you or any individual. Silo owns all rights, title, and interest in and to such Aggregated Data. d. Your Responsibilities: You are solely responsible for all your User Content. You represent and warrant that you have all necessary rights to grant the licenses in this Section 13.3, and that your User Content, and its provision to us, do not violate any applicable law, these Terms, or the rights of any third party. e. Public Nature: Certain User Content, such as product reviews, may be publicly visible. Do not submit any User Content you do not wish to be potentially public or that you consider confidential or proprietary. f. Monitoring and Removal: We have the right (but not the obligation) to monitor, review, screen, remove, or edit User Content at our sole discretion and at any time without notice, for any reason, including for violations of these Terms. g. No Compensation: Unless otherwise expressly agreed by Silo in writing, you are not entitled to any compensation for your User Content or Silo’s use thereof as permitted herein.
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Feedback. If you provide questions, comments, suggestions, ideas, or other feedback about us or our Products/Services (“Feedback”), you understand we own and may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Feedback is non-confidential. You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and exploit your Feedback and any name/username/likeness provided with it, without compensation. You waive moral rights.
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Trademarks. "Silo," our logos, product/service names, slogans, and the look and feel of the Products/Services are our trademarks and may not be copied, imitated, or used without prior written permission. Other trademarks on the Services are property of their respective owners.
14. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us, our affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Silo Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Indemnifiable Claims”) arising out of or related to: (a) your access to or use of the Products and Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Silo Parties of any Indemnifiable Claims, cooperate in defending them, and pay all fees, costs, and expenses associated with defense (including attorneys’ fees). Silo Parties will have control of the defense or settlement, at Silo’s sole option, of any third-party Indemnifiable Claims. This indemnity is in addition to other indemnities.
15. Disclaimers of Express/Implied Warranties
YOUR USE OF OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN WRITING BY US (SUCH AS IN OUR LIMITED WARRANTY DOCUMENT REFERRED TO IN SECTION 2.7), OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPECIFIC DISCLAIMER FOR VACUUM SEALING EFFECTIVENESS: WHILE THE SILO SYSTEM IS DESIGNED TO CREATE A VACUUM SEAL INTENDED TO EXTEND THE SHELF LIFE OF APPROPRIATE FOODS, ACTUAL PRESERVATION TIMES AND THE EFFECTIVENESS OF THE VACUUM SEAL CAN VARY SIGNIFICANTLY BASED ON NUMEROUS FACTORS. THESE FACTORS INCLUDE, BUT ARE NOT LIMITED TO, THE TYPE AND INITIAL CONDITION OF THE FOOD, YOUR PREPARATION AND HANDLING TECHNIQUES, THE AMBIENT STORAGE TEMPERATURE AND HUMIDITY, THE PROPER USE AND MAINTENANCE OF THE SILO DEVICE AND CONTAINERS (INCLUDING CLEANLINESS OF SEALING SURFACES AND CONTAINER INTEGRITY), AND THE ALTITUDE AT WHICH THE DEVICE IS USED. SILO DOES NOT GUARANTEE ANY SPECIFIC DURATION OF FOOD PRESERVATION OR THAT A PERFECT VACUUM SEAL WILL BE ACHIEVED OR MAINTAINED IN ALL INSTANCES. THE VACUUM SEALING PROCESS DOES NOT MAKE UNSAFE FOOD SAFE AND IS NOT A SUBSTITUTE FOR REFRIGERATION OR FREEZING WHERE REQUIRED FOR FOOD SAFETY.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICES (INCLUDING THE APP AND ANY ESTIMATIONS OR DATA PROVIDED THEREIN) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
SPECIFIC DISCLAIMER FOR FRESHNESS ESTIMATIONS AND INVENTORY DATA: AS STATED IN SECTION 2.12, ALL FRESHNESS ESTIMATIONS, FOOD CONSUMPTION RECOMMENDATIONS, AND INVENTORY DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SILO CANNOT “SENSE” ACTUAL FRESHNESS. THESE ESTIMATIONS ARE NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT AND COMMON SENSE REGARDING FOOD SAFETY. SILO DISCLAIMS ALL LIABILITY FOR ANY RELIANCE PLACED ON SUCH ESTIMATIONS OR DATA.
YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES, AND ANY USE OF PRODUCTS IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE OR PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS DESCRIBED IN THE LIMITED WARRANTY APPLICABLE TO YOUR PRODUCTS (IF ANY), SILO AND THE OTHER SILO PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE – FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SILO OR THE OTHER SILO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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THE TOTAL AGGREGATE LIABILITY OF SILO AND THE OTHER SILO PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 USD OR THE AMOUNT YOU PAID TO US TO USE OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
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The limitations in this Section 16 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Silo or other Silo Parties, or for personal injury or property damage solely to the extent caused by our negligence or a defect in our Product (as covered by applicable law or our limited warranty), or for any other matters where liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow exclusion/limitation of incidental or consequential damages.
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Release. To the fullest extent permitted by applicable law, you release Silo and the other Silo Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive your rights under California Civil Code § 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge this release is irrevocable.
17. Dispute Resolution; Binding Arbitration
Please read this section carefully because it requires you and Silo to arbitrate certain disputes and claims and limits the manner in which you and Silo can seek relief from each other. Arbitration precludes you and Silo from suing in court or having a jury trial. You and Silo agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. Silo and you are each waiving the right to trial by a jury. The parties acknowledge that the terms of this section are intended to reduce the financial burdens associated with resolving their disputes and are not intended to delay adjudication of any party’s claims.
Follow the instructions below, in Section 17(l), if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under these terms.
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Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 17 apply to all Claims between you and Silo. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Silo, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms, Products or Services, or claims arising out of or relating to the interpretation, application, validity, enforceability, or scope of the arbitration requirement or any portion of it.
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Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Silo or if Silo has a Claim against you, you and Silo will first attempt to resolve the Claim informally. You and Silo will make a good-faith effort to negotiate the resolution of any Claim for 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.
You will send any Claimant Notice to Silo by certified mail addressed to [Silo's Legal Address, e.g., FreshKeep Inc., Attn: Legal Department, Address] or by email to [email protected]. Silo will send any Claimant Notice to you by certified mail or email using the contact information you have provided.
The Claimant Notice must: (i) include the sender’s name, address, email, phone number, and relevant account/purchase info; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
The Informal Resolution Period is designed to allow the receiving party to make a fair, fact-based settlement offer. Neither party can proceed to arbitration before the end of this period. If a party files a Claim in court or arbitration without complying with this section, the other party reserves the right to seek injunctive relief and damages for breach. The statute of limitations and filing fee deadlines for a Claim shall be tolled during the Informal Resolution Period. -
Claims Subject to Binding Arbitration; Exceptions. Except for (1) individual disputes that qualify for small claims court (if the court does not permit class/representative actions) and (2) any disputes exclusively related to the intellectual property or IP rights of you or Silo, including claims for injunctive or equitable relief for alleged unlawful use or infringement of IP rights (“IP Claims”), all Claims not resolved informally per Section 17(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in court. This includes disputes about the interpretation or application of this arbitration provision. The arbitrator will have authority to grant any remedy available in court.
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Binding Individual Arbitration. Subject to these terms, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”), https://adr.org/, according to the Federal Arbitration Act (“FAA”).
If you are a “Consumer” (using Products/Services for personal, family, or household purposes), the AAA’s Consumer Arbitration Rules (the “Rules”), as modified by these Terms, apply. Otherwise, the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, apply.
These Terms affect interstate commerce, and FAA governs this Section 17. The arbitrator has exclusive authority to make procedural and substantive decisions regarding any Claim and grant any remedy available in court, limited by FAA, these Terms, and the Rules. The arbitrator may only award individual legal or equitable remedies. -
Arbitration Procedure and Location. Initiate arbitration by filing a demand with AAA per the Rules. Send a copy to Silo at the address in 17(b) or [email protected]. Silo will send demands to your contact info.
Arbitration by a single arbitrator in English. Arbitrator bound by these Terms.
For claims < USD $10,000: decision based on written submissions, unless arbitrator deems a hearing necessary.
For claims >= USD $10,000 or if hearing necessary: hearings by video/telephone, unless in-person is necessary. If in-person and you are in the US: New York, NY, unless you are a Consumer and this is a hardship, then in claimant’s state/county of residence. Outside US: site per Rules.
Arbitrator (not judge/jury) resolves Claims. Decision includes written statement of decision and basis for award. Award applies only to that case; not precedent unless parties agree. Award enforceable in competent court. -
Arbitration Fees. Each party responsible per Rules and these Terms. Parties have 90 days from invoice to pay arbitration fees.
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Frivolous or Improper Claims. Claimant pays all defending party's costs (including attorney's fees) if arbitrator finds Claim unwarranted by law/nonfrivolous argument, or filed for improper purpose (harass, delay, increase cost).
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Offers of Settlement. Either party may make a written settlement offer. If arbitration award is less favorable to a party than the last unaccepted written offer, that party pays all costs/fees (arbitration, attorney, expert) incurred by the other party after the offer. Offer terms not disclosed to arbitrator until after award.
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One Year to Assert Claims. To the extent permitted by law (excluding IP infringement Claims), any Claim must be filed within one year after it arises; otherwise, it's permanently barred.
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Confidentiality. Parties will cooperate to seek arbitrator protection for confidential, proprietary, trade secret, or sensitive information exchanged in arbitration.
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Mass Arbitrations. If 25+ Claimant Notices are received by a party raising similar claims with same/coordinated counsel (“Mass Arbitrations”):
Treated as mass arbitrations per AAA’s Mass Arbitration Supplementary Rules, if applicable and filed per these Terms. Disputes over "Mass Arbitration" definition decided by arbitration provider. Parties waive objection to joinder impracticability.
Process supplements/supersedes AAA Rules if conflict. Court can enforce bellwether/mediation and enjoin non-compliant filings. Statutes of limitations tolled from compliant Claimant Notice until Terms permit filing.
Initial Bellwether: Process begins after counsel advises substantially all Claimant Notices submitted. Counsel for parties select 30 Mass Arbitrations (15 each) for bellwether proceedings. Only chosen cases filed. Resolution of other Mass Arbitrations delayed. Remaining Mass Arbitrations not filed/deemed filed/fees assessed until selected per this Section. Single arbitrator per bellwether case; one case per arbitrator unless agreed.
Mediation: After bellwethers conclude (or sooner if agreed), counsel engage in single mediation for all remaining Mass Arbitrations. Silo pays mediator’s fee. Mediator agreed within 30 days post-bellwether; if not, AAA appoints.
Remaining Claims: If mediation ends with 100+ unresolved Mass Arbitrations, any party to a remaining Mass Arbitration may elect to no longer have arbitration apply to all remaining unresolved Mass Arbitrations (for which compliant notice received). Election via written notice to opposing counsel within 30 days of mediation conclusion. Released Mass Arbitrations resolved per Section 19(c).
If <100 Mass Arbitrations remain or no timely election, arbitrator randomly selects 50 (or total if <50) for a second batch. Repeat process until all arbitrated.
Released Claims: If Mass Arbitrations released from arbitration go to court, claimants may seek class treatment, but classes (if any) comprise only claimants in Mass Arbitrations with compliant notice. Class certification contestable. -
Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by emailing [email protected]. Opt-out notice must include your full name, mailing address, email address, and clear intent to opt out. Opting out means resolving disputes per Section 19(c).
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Rejection of Future Arbitration Changes. You may reject changes to Section 17 (except address changes) by sending notice of rejection within 30 days of the change via email to [email protected]. Changes rejected as a whole. Most recent non-rejected Section 17 version applies.
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Severability (Arbitration Context). If any portion of Section 17 is found unenforceable/unlawful (e.g., unconscionable): (i) unenforceable/unlawful provision severed; (ii) severance has no impact on remainder of Section 17 or ability to compel individual arbitration; (iii) to extent claims must proceed on class/collective/consolidated/representative basis, they must be litigated in civil court per these Terms, not arbitration. Litigation stayed pending outcome of individual arbitration claims. If part of Section 17 prohibits individual claim for public injunctive relief, that provision has no effect to extent such relief allowed out of arbitration; remainder of Section 17 enforceable. Except as provided here, if Claim not in arbitration, class-action waiver remains; court may not join/coordinate/consolidate multiple individuals' claims, except for classwide/collective/representative settlement.
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Residents of Other Countries. (Notwithstanding anything to the contrary, if you reside outside the US, you may bring legal proceedings regarding these Terms via arbitration detailed here or, if applicable law allows, by submitting to an arbitration administrator or courts in your jurisdiction of residence.
18. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice (e.g., email, through Services, posting amended Terms with updated “Last Updated” date). Unless we say otherwise, amended Terms are effective immediately, and your continued access to/use of our Services after notice confirms acceptance. If you don’t agree to amended Terms, stop accessing/using Products/Services. Unless material changes are made to Section 17 (arbitration), modification of these Terms does not create a new right to opt out of arbitration.
19. General
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Severability. Except as stated in Section 17(n), if any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision/part is severed and does not affect validity/enforceability of remaining provisions.
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Investigations. You agree to assist us with regulatory, compliance, oversight, or legal investigations, proceedings, applications, or reviews related to our Products/Services if requested.
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Governing Law and Venue. Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Michigan, U.S.A., except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause application of other jurisdictions' laws. Any dispute not subject to arbitration under Section 17 will be resolved in state or federal courts of the State of Michigan, U.S.A. You consent to personal jurisdiction and waive inconvenient forum objections.
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Notifications. We may provide notifications (required by law, marketing, etc.) via email to your primary account email, our App, hard copy, website posting, or other mediums, at our option. It is your responsibility to keep your contact information current.
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Miscellaneous. All sections that by their nature should survive termination will survive (including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution). Singular includes plural and vice versa where context applies. Our failure to exercise/enforce any right/provision is not a waiver. These Terms, and rights/licenses granted, may not be transferred/assigned by you, but may be by us without restriction. Terms inure to benefit of our successors/permitted assigns. We may supply different/additional terms for some Products/Services; those become part of your agreement if you use them. If conflict, these Terms govern unless additional terms state otherwise.
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Entire Agreement. These Terms (including our Privacy Policy and any additional terms for specific services incorporated by reference) constitute the entire agreement between you and us regarding your access to and use of the Service, superseding all prior oral or written understandings or agreements.
20. iOS Minimum EULA Requirements
The following terms apply if you are accessing or using our App on an Apple Inc. (“Apple”) branded mobile device.
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Acknowledgment. The Terms are concluded between Silo and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and its content.
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Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
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Maintenance. We are not obligated to provide any support or maintenance for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
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Warranty. To the extent not effectively disclaimed under Section 15 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 15, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
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Liability. Subject to Section 16of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to the App or your possession and/or use of that App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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IP Claims. Subject to Section 13of the Terms, in the event of any third-party claim that the App or your possession and use of our App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
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Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
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Name and Address. If you have any questions, complaints, or claims with respect to the App, they should be directed to us at the contact information in Section 21.
21. Contact Us
If you have any questions, concerns, or comments about these Terms or the Service, please contact us at:
FreshKeep Inc.
3000 N. Pontiac Trail, Commerce Township, MI 48390, USA
Email: [email protected] (for legal inquiries)
Email: [email protected] (for customer support)
Website: http://www.heysilo.com