We use WordPress for publishing and account management, Stripe for processing payments, Google Analytics for data collection, and Google Adsense and WordAds for advertising (the “Service Providers”). We use your data to provide you with evident services. We do not share or sell your data to any third party for any other purposes.
Terms of Service
This is a legal agreement (the “Agreement”) between The Saiva (“We”, “Us”, “Our”) and the user (“you”, “your”, or the legal guardian/representative on behalf of the user if the user is not capable of entering into the agreement on its own) of any service provided by us (the “Services”).
This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or The Saiva. You may terminate this Agreement by closing your The Saiva Account (the “Account”) at any time. If you use the Services again or register for another Account, you are consenting to this Agreement. We may terminate this Agreement or close your Account at any time for any reason. You agree that you will continue to be responsible for all obligations related to your Account even after it is closed.
By visiting “thesaiva.com” (the “Website”) and/or using our Services, you confirm that you accept and agree to this Agreement. If you do not agree, please do not use our Services.
All future changes, additions, and removals in the Agreement will be updated on the website. We may notify you about the same. Your continued use of our services implies your consent to the updated Agreement.
We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your right to close your Account.
If any provision or portion of this Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will remain in full force and effect.
“Payments” refer to any movement of monetary amount between you and The Saiva.
“Assets” include any software (including without limitation the website, the API, developer tools, sample source code), data, materials, content, documentation, patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property developed and/or provided by us or our affiliates to you. You are granted a non-exclusive and non-transferable license to electronically access and use the Assets only in the manner described in this Agreement.
The Saiva or its licensors exclusively own all rights, titles, and interests in the Assets. The Saiva reserves all rights in Assets not expressly granted to you in this Agreement.
You may not, and may not attempt to, directly or indirectly:
- modify, influence, or exploit our code to use it for unintended uses;
- transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Assets to any person or entity;
- remove, obscure, or alter any notice of any of our trademarks, or other “intellectual property” appearing on or contained within the Services or on any Assets;
- modify, copy, tamper with or otherwise create derivative works of any software included in the Assets; or
- reverse engineer, disassemble, or decompile the Assets or the Services or apply any other process or procedure to derive the source code of any software included in the Assets or as part of the Services;
- use any Assets consisting of trademarks or service marks in a manner that may lead people to confuse the origin of your products or services with ours.
- copy or use any part of our Services in contravention of the provisions of our User Agreement. viii. attempt to gain unauthorized access to our Website, our servers, computers, or databases.
- access without authority, interfere with, damage, or disrupt:
- any part of our Services;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Services; or
- any equipment or network or software owned or used by any third party.
You may use our Services only for lawful purposes. Our Services may not be used:
- by/for/from individuals, entities, or countries which are subject to international sanctions (or national sanctions honored by us).
- in any way that breaches any applicable local, national, or international law or regulation.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for any unsolicited or unauthorized advertising or promotional material or any other form of spam.
You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
We usually contact you via email. For this purpose, you must at all times maintain a valid email address in your Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communication, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.
You agree that your electronic consent will have the same legal effect as a physical signature. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
During the term of this Agreement, you may publicly identify us as the provider of the Services to you and we may publicly identify you as a user. If you do not want us to identify you as a user, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and The Saiva. Upon termination of your Account, both you and The Saiva will remove any public references to our relationship from our respective websites.
Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us, or with any Financial Services Provider.
The website provides details of Payments, and other activities relating to your Account. Except as required by law, you are solely responsible for reconciling the information, and for identifying any errors. You agree to review your Account and immediately notify us of any errors. We will investigate and, where appropriate, attempt to rectify any reported errors, including any errors made by us. However, you should be aware that your ability to recover funds you have lost due to an error may be very limited or even impossible, particularly if we did not cause the error, or if funds are no longer available.
Your use of the Account must not violate any applicable laws. You commit to us that your opening and/or using of an Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
We take breach of the Agreement or any policy seriously. We may take the following actions for the same:
- immediate, temporary, or permanent withdrawal of your right to use our Services;
- refuse, suspend or cancel your transactions and take such other actions as we consider necessary;
- issue of a warning;
- legal action against you including proceedings for reimbursement of all costs on an “all expenses” basis; and/or
- reporting and disclosure of information to law enforcement authorities.
We may suspend or close your Account if you violate the Agreement or any other policy.
These content standards apply to any material you contribute to our Services or services to your users/customers using our Services.
- be accurate;
- be genuinely held (where opinions are stated);
- comply with applicable law in any country from which they are posted or to which they relate.
It must not:
- abuse/dishonor/disgrace women or their dignity;
- cause serious harm to any person;
- be a copy of any original work that you do not have rights over.
All information you provide to us must be complete, accurate, and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
The Saiva collects, processes, stores, analyses, and manages Data to (a) provide Services to you, and other users; (b) mitigate fraud, financial loss, or other harm to users, and The Saiva; and (c) analyze, develop and improve our products, systems, and tools. The Saiva provides Data to third-party service providers, to allow us to provide the Services to you and other users. You understand and consent to The Saiva’s use of Data for the purposes.
You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us.
You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection, and use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to The Saiva — or allow The Saiva to collect, use, retain, and disclose — any Personal Data that you provide to us or authorize us to collect, including Data that we may collect using cookies or other similar means.
The Saiva maintains commercially reasonable administrative, technical, and physical procedures to protect data stored in our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable Laws when we handle data. However, no security system is impenetrable and we cannot guarantee that unauthorized parties will never be able to defeat our security measures or misuse any data in our possession. You provide Data to The Saiva with the understanding that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement the security and any additional controls that meet your specific requirements.
The data that we collect from you may be transferred to and stored at, a destination outside the US. It may also be processed by staff operating outside the US who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfillment of your payment order, the processing of your payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storage, or processing.
In case of an unauthorized payment or mistake due to our error, we shall at your request refund the payment amount including all fees deducted by us.
The Saiva will provide the Services to you at the rates and for the fees (“Fees”) described at appropriate places. The Fees include charges for Transactions, processing Payments, and for other events connected with your Account. We may revise the Fees at any time by providing notice through the website or email. Your continued use shall imply consent to the same.
You agree that we are authorized to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from available sources.
We may add or remove our Services Providers or payment methods at any time. Your continuing use of the Services constitutes your consent and agreement to such additions, removals, and amendments.
We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This may include liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation.
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
We are not liable for things that are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay because of things that are outside our control.
You understand that these services may contain bugs or errors, or maybe feature incomplete. We provide services AS IS, and without warranty of any kind, and your use of, or reliance on services is at your own risk.
You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation, and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
We are not liable for business losses. If you use our Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d) you will fulfill all of your obligations to Customers and will resolve all Disputes with them; (e) you will comply with all Laws applicable to your business and use of the Services; (f) you will not use the Service, directly or indirectly, for any fraudulent or illegal undertaking, or to interfere in any manner with the normal operation of the Service.
You agree to defend The Saiva, our affiliates, and their respective employees, agents, and service providers (each an “Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against an Entity, and you agree to fully reimburse the Entities for any Claims that result from (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of Payment Services; (iii) negligent or willful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and us.
You agree to limit any liability not disclaimed or denied by the Entities under this Agreement to your direct and documented damages; you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to The Saiva during the three-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.