SilverSiphon Terms of Use
SilverSiphon software is made available by Zillionize Pty Ltd ACN 159 765 741 (Zillionize) of Sydney, New South Wales, Australia.
Feedback, comments or complaints
If you have any questions, you can contact us at support@silversiphon.com
When you read words “SilverSiphon”, “us”, “our” or “we” it means Zillionize and our directors, employees, agents, successors and legal assigns. The words “you”, “user” or “your” means you, the user of our software.
By using this website you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:
- Terms of Use
- EULA
- Payments and Refunds
- Privacy Policy
We encourage you to carefully read and understand these terms and conditions before using our software. If you don’t agree, your remedy is to stop using SilverSiphon.
Entire Agreement
Unless otherwise specified, all of the terms and conditions applicable to our software constitute the entire agreement between you and SilverSiphon. We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated. Users will receive notice of updates.
SilverSiphon End User Licence Agreement (EULA)
SilverSiphon automatically creates separate data entries for your Stripe and Pin Payments so that they can be easily reconciled in Xero.
How it works
See our how it works page for more information. We also recommend you read the FAQs.
Exclusions
SilverSiphon doesn’t provide bookkeeping or accounting services or financial advice. The software automatically synchronizes information from your Stripe or Pin Payments account and sets it out in a way that makes it easier for you to reconcile in Xero. There is no human involvement in your accounts. One of our technicians may have a look at how the system is working if you have any problems with synchronization.
Permission to Access Xero
In setting up your SilverSiphon account, we request your permission to have organisational access to your Xero account. The purpose for requesting that access is to connect SilverSiphon to Xero in a way that allows Stripe transactions to be listed separately on your bank feed. At this stage, the Xero API does not support that function. Once the Xero API has been updated, we will not require that access to your account and will delete our access. Unfortunately, if you do not provide this permission, you will not be able to use SilverSiphon.
Your Licence to use SilverSiphon
When you sign up for a 14 day free trial or monthly plan for SilverSiphon, we grant to you the right to access and use the SilverSiphon software via our website or App at the level of the subscription plan you have purchased. You do not have any ownership rights to the copy of SilverSiphon that you use.
If you exceed the limits of the plan you have subscribed for, SilverSiphon will, at our discretion, either not synchronize those transactions that exceed your plan limit, or debit your account at the rate applicable to the number of transactions being processed.
Your right to use our software is not exclusive, not transferable to anyone else and limited by the terms of this EULA. You acknowledge that you have the responsibilities set out below when you use our software.
Your responsibility as a user
You acknowledge that your use of Xero, Stripe and or Pin Payments are each subject to the terms and conditions published by the providers of those services. Your use of SilverSiphon does not alter that.
You agree to provide true and correct details when setting up your account. You acknowledge that SilverSiphon may require additional information from you to properly set up your account information to enable automatic synchronization of transactions.
You agree to keep your username and password secure and confidential and not to share your access to SilverSiphon with anyone. Anyone interested in trying SilverSiphon can take up our 14 day free trial.
You agree to take all reasonable steps to ensure that no other person is able to access your account.
You must not rent, lease, lend, sell, redistribute or sublicense your access to SilverSiphon.
You must immediately notify SilverSiphon of any unauthorised use of your password or any other breach of security. SilverSiphon will reset your password. You must take all other actions that SilverSiphon reasonably deems necessary to maintain or enhance the security of software and your access to the software.
You agree that we can contact you as and when needed to provide the services offered by SilverSiphon via the email address that you use to set up your account. You acknowledge that it is your responsibility to keep your contact details up to date.
You must only use SilverSiphon for your own lawful internal business purposes, in accordance with this licence and any notice sent by SilverSiphon, or a condition posted on our website or App.
You must not distribute or make SilverSiphon available over a network where it could be used by multiple devices at the same time.
You may not use our software in any manner which could damage, disable, overburden, or impair our software or interfere with any other party’s use and enjoyment of our software.
You must not copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of SilverSiphon materials, any updates, or any parts of the software. Any attempt to do so is a violation of the rights of SilverSiphon. If you breach this restriction, you may be subject to prosecution and damages.
Trial Period
When you first sign up for access to the software you can evaluate it with no obligation to continue to use SilverSiphon at the end of the trial period. If you choose to continue using SilverSiphon after the trial period, you will be billed from the day your trial ends. If you choose not to continue using SilverSiphon, you may delete your details from the software.
Termination of Access
This license is effective until cancelled by you or SilverSiphon. Upon cancellation, your access to SilverSiphon will automatically end at the end of your monthly subscription period, without further notice.
SilverSiphon reserves the right to change, suspend, remove, or disable access to your plan at any time without notice where it has formed the opinion that you have failed to comply with the terms and conditions. In no event will SilverSiphon be liable for the removal of or disabling of your access to any SilverSiphon plan. SilverSiphon may give notice that it will impose limits on your use of the software without liability.
Copyright, Trademarks and other Intellectual Property
SilverSiphon has the necessary permission to access Stripe, Pin Payment and Xero software.
Title to and all intellectual property rights in our software, website, App and any documentation relating to those services remain the property of SilverSiphon. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our software in whole or in part, except as expressly authorised by us.
Permission
You may access, download and use SilverSiphon for use in your business only. Commercial use (resale etc) of any sort, and sharing without prior permission, is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our software.
Except as otherwise expressly granted to you in writing, we do not grant you any other right or license to our software content or our intellectual property.
Security and your Data
SilverSiphon provides Services to its Users to allow them to import transactions from various third party software to various third party software and in the process acts as both a data processor and controller.
The Services are performed using equipment or facilities located in the United States. SilverSiphon’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by SilverSiphon customers when using the Service will receive from SilverSiphon and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, the User grants SilverSiphon a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Service. SilverSiphon will inform the User of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in Section 18 of these Terms.
For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and SilverSiphon as both the data controller and the data processor. The User hereby instructs SilverSiphon to control and process the data as described in these Terms.
Subject matter and nature of processing: SilverSiphon provides a Service whereby to access the User must sign up for an account which involves the supply of personal information. SilverSiphon collects and uses customer info to send newsletters, keep purchase records, retain forum posts.
Duration: SilverSiphon will collect data on behalf of the User until the termination of the User’s account. Upon termination, SilverSiphon will store the User’s data for a period of 7 days, should the User wish to reopen the account to resume the use of the SilverSiphon’s Service or to export data, unless instructed otherwise by the User. SilverSiphon deletes or returns all the personal data to the User after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.
Parties’ rights and obligations: The User’s rights and obligations regarding User Data are provided in these Terms. SilverSiphon ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. SilverSiphon takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and we undertake to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User.
Unlawful Client Data: SilverSiphon is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of SilverSiphon or if there is reason to believe that certain User Data is unlawful, we have the right to:
- notify the User of such unlawful User Data;
- deny its publication on the Web Site or its insertion to the System;
- demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;
- temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it or delete it.
If SilverSiphon is presented convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data, which was removed from the Web Site or Account or access to which was restricted.
In addition, in the event SilverSiphon believes in its sole discretion User Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, SilverSiphon complies with the Digital Millennium Copyright Act, and will remove User Data from the Platform upon receipt of a compliant takedown notice.
SilverSiphon as the data controller and data processor will assist the User as the data subject in meeting the User’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.
SilverSiphon assumes no responsibility regarding the accuracy of the information that is provided by SilverSiphon and use of such information is at the recipient’s own risk. SilverSiphon provides no assurances that any reported problems may be resolved with the use of any information that SilverSiphon provides.
Accessibility
Planned or unplanned maintenance may occur on the site at any time. In the case of planned maintenance, we will give all our users one week’s notice via our homepage. In the case of unplanned maintenance, we will post a notice to our homepage within a reasonable time period as to the cause and resolution of the unplanned maintenance. We do not guarantee 100% uptime.
Continuous accessibility to the software is dependent upon third party services. As a result, the software may be inaccessible from time to time.
Disclaimer
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our software for any purpose, to the maximum extent permitted by applicable law, anything contained on our software is provided “as is” without warranty or condition of any kind.
This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our software or the services found on our software.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our software in any way, subject to the requirements of Australian Corporations Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of our software or services again, or to a refund equal to the total amount paid by you to us in the six months immediately preceding your complaint, even if the software or services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our software.
Indemnity
To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend SilverSiphon from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- your use of our software
- your breach of these terms and conditions.
Applicable law
This agreement is governed by the laws of New South Wales and Australia. You agree to be subject to the jurisdiction of the courts of New South Wales if there was a serious dispute between you and us.
You may provide notice to us through the contact us page or otherwise by email addressed to support@silversiphon.com. We may provide notice to you via email or other electronic means.
Use of our software is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our software is unauthorised, it is your responsibility to stop using our software.
Relationship
You agree that SilverSiphon is an independent supplier of products and services only and that no joint venture, partnership, employment, or agency relationship exists between you and SilverSiphon as a result of this agreement or your use of our software.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our software, or with regard to information provided to or gathered by us with respect to your use.
Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Payments and Refunds
Plans
Please see our pricing page for current plans.
Payments
We accept credit card via Stripe. All prices are listed exclusive of applicable GST. Payment is made in advance.
Your monthly plan fee will be automatically debited from your account until you cancel your subscription. If payment is declined, your access to SilverSiphon will be suspended until your payment has been updated.
If you exceed the limits of the plan you have subscribed for, SilverSiphon will, at our discretion, either not synchronize those transactions that exceed your plan limit, or debit your account at the rate applicable to the number of transactions being processed, starting from your next payment date.
Cancellation and Refunds
We give you 14 days to use SilverSiphon at no cost and with no obligation to help you work out whether or not SilverSiphon is right for you. You have that time to make a clear decision as to whether or not you are going to go ahead.
If you continue with us after the 14 days, you’re in! If you choose to continue using SilverSiphon after the trial period, you will be billed from the day your trial ends.
We don’t provide refunds simply because your circumstances have changed or you change your mind.
You can stop using SilverSiphon at any time by visiting the Billing Page and clicking the cancel icon on your “Current Plan”.