Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing and using the Silicon Awakening website and services ('Services'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Description of Services

Silicon Awakening provides customized AI automation and Web3 SaaS development services for European financial enterprises, including:

• AI process automation and workflow optimization.

• Custom SaaS platform development and integration.

• Web3 and blockchain solutions.

• On-premise AI deployment and data sovereignty solutions.

• Technical consulting and advisory services.

Services are provided on a project-by-project basis according to mutually agreed specifications and contracts.

3. Consultation and Engagement Process

When you submit a consultation request:

• We will review your inquiry and respond within 48 hours.

• Initial consultations are provided free of charge.

• Detailed project proposals will include scope, timeline, deliverables, and pricing.

• Services commence only after a formal contract is signed by both parties.

• Payment terms and milestones will be specified in the project contract.

Consultation requests do not create a binding obligation on either party until a formal agreement is executed.

4. User Obligations

When using our Services, you agree to:

• Provide accurate and complete information in consultation requests.

• Comply with all applicable laws and regulations.

• Not use our Services for illegal, fraudulent, or unauthorized purposes.

• Respect intellectual property rights and confidentiality obligations.

• Cooperate in good faith during project execution.

• Provide timely feedback and necessary resources for project completion.

Failure to comply with these obligations may result in project delays or termination.

5. Intellectual Property Rights

Website Content: All content on our website, including text, graphics, logos, images, and software, is the property of Silicon Awakening or its licensors and is protected by copyright and intellectual property laws.

Project Deliverables: Intellectual property rights in project deliverables are determined by the specific project contract. Typically:

• Custom-developed solutions: Ownership transfers to the client upon full payment, unless otherwise specified.

• Pre-existing frameworks and tools: We retain ownership, with licenses granted to the client.

• Open-source components: Subject to their respective licenses.

You may not reproduce, distribute, or create derivative works from our website content without written permission.

6. Confidentiality

Both parties agree to maintain confidentiality of:

• Proprietary business information and trade secrets.

• Technical specifications and project details.

• Financial information and pricing.

• Any information marked as confidential.

Confidentiality obligations survive termination of the business relationship and remain in effect for 5 years unless otherwise specified in a project contract. We implement strict security measures to protect confidential information in compliance with GDPR and industry standards.

7. Disclaimers and Limitations of Liability

Service Availability: While we strive for continuous availability, we do not guarantee that our website will be uninterrupted, timely, secure, or error-free.

No Warranties: Our Services are provided 'as is' without warranties of any kind, either express or implied, except as specified in project contracts.

Limitation of Liability: To the maximum extent permitted by law, Silicon Awakening shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages.

• Loss of profits, revenue, data, or business opportunities.

• Damages exceeding the amount paid for the specific project.

These limitations apply except in cases of gross negligence, willful misconduct, or as prohibited by applicable law.

8. Indemnification

You agree to indemnify and hold harmless Silicon Awakening, its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services in violation of these Terms.

• Your violation of applicable laws or third-party rights.

• Information or content you provide that infringes intellectual property or other rights.

• Your breach of confidentiality obligations.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification.

9. Payment Terms

For consulting and development projects:

• Pricing is specified in individual project contracts.

• Payment schedules typically include upfront deposits and milestone-based payments.

• Invoices are due within 30 days unless otherwise agreed.

• Late payments may incur interest charges and project suspension.

• All prices are exclusive of applicable taxes, which are the client's responsibility.

Detailed payment terms are outlined in project-specific agreements.

10. Project Termination

Either party may terminate a project under the following conditions:

• By mutual written agreement.

• For material breach of contract, with 30 days' written notice to cure.

• For insolvency, bankruptcy, or cessation of business operations.

Upon termination:

• Client must pay for work completed up to the termination date.

• We will deliver work-in-progress in its current state.

• Confidentiality and intellectual property provisions remain in effect.

• Neither party is liable for consequential damages resulting from lawful termination.

Specific termination terms are detailed in project contracts.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Germany, without regard to conflict of law principles. Any disputes arising from these Terms or our Services shall be resolved through:

1. Good Faith Negotiation: Parties will first attempt to resolve disputes through direct negotiation.

2. Mediation: If negotiation fails, disputes will be submitted to mediation in accordance with applicable mediation rules.

3. Arbitration or Litigation: Unresolved disputes will be subject to binding arbitration or litigation in German courts, as specified in project contracts.

Nothing in these Terms affects your statutory rights as a consumer under applicable law.

12. Compliance with Regulations

We are committed to compliance with all applicable regulations, including:

• GDPR (General Data Protection Regulation) for data protection.

• MiFID II for financial services clients.

• Industry-specific regulations relevant to client projects.

• Export control and sanctions laws.

Clients are responsible for ensuring their use of our Services complies with applicable laws in their jurisdictions.

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including:

• Natural disasters, pandemics, or acts of God.

• War, terrorism, civil unrest, or government actions.

• Labor disputes, strikes, or lockouts.

• Internet or telecommunications failures.

• Failures of third-party service providers.

In such events, the affected party will notify the other promptly and make reasonable efforts to resume performance. If force majeure continues for more than 90 days, either party may terminate the affected contract without penalty.

14. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to reflect the parties' intentions to the extent permitted by law.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

15. Contact Information

For questions regarding these Terms of Service, please contact us:

Silicon Awakening

Email: silicon.awakening@gmail.com

LinkedIn: https://www.linkedin.com/company/silicon-awakening

For legal inquiries: silicon.awakening@gmail.com

These Terms of Service were last updated on January 1, 2025 and are effective immediately.

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