Please read these terms and conditions carefully before using Our Service.

Scope and Applicability
Silika is a product developed by Silika AI. These general terms and conditions (“GTC”) apply to all services provided by Silika and its parent company, Silika AI (“Silika AI”).
Silika (“Silika”) offers a platform for decision making using an AI system (“Software”). The Software includes a variety of tools (“Tools”) designed to assist Silika’s clients (“Customers”) in conducting and analyzing mock practice interviews. Silika provides Customers access to its web platform (“Platform”), enabling Customers to utilize the Software as a service. Silika's services are exclusively governed by these general terms and conditions (“GTC”) and the specific agreements made with Customers through Silika’s website or directly between the parties. The current version of these GTC will apply to all future dealings between the parties, even if not explicitly reaffirmed. Silika does not accept any differing Customer terms and conditions unless expressly agreed in writing. Differing Customer terms only apply if explicitly accepted by Silika in writing. This also stands even if Silika provides access to the Platform or services knowing the Customer's differing terms without objection. Special terms for certain services or Tools, if any, apply alongside these GTC, with specific terms taking precedence in case of conflict. Free Tools offered without a contract are governed by these GTC to the relevant extent, under the premise that Silika offers no warranties for free services and makes no guarantees or assurances regarding functionality and availability.

Services

Details on pricing, agreement duration, and granted access scope are specified in individual contracts. These terms supplement the GTC. In event of conflict, individual contract provisions prevail. Customers without such contracts can only use free Tools. General service descriptions, current Software and Tools specifications, and pricing are available on Silika’s website. Promises, guarantees, or side agreements require Silika’s written confirmation. Silika provides Software and Tools access as a software service over the internet ("software-as-a-service"). Support services are optional and subject to agreement. Silika is not obligated to provide support except as legally required. Paid service Customers may create accounts for Platform use. Silika may update Software functions, introduce new security measures, and discontinue or charge for free services. Customers affected by service changes will be notified at least two weeks in advance. Some Software functionalities depend on data from various sources. Silikaprocesses only available data and may adjust functionalities based on data source changes. Significant functionality reductions allowing Customer contract termination are specified.

Obligations of the Customer

Customers must ensure provided information is accurate and update Silika on changes. Silika advises on technical requirements available on its website. Customers are responsible for meeting these requirements. Platform malfunctions must be reported promptly with detailed descriptions for effective remedy. Customers should maintain data backups and keep login details confidential. Password changes are recommended regularly, especially after suspected security breaches. Customers are liable for unauthorized Platform access due to insufficient security measures, unless Silika is timely notified. Customer data must not violate laws or third-party rights.Silika may suspend services for legal infringements, with Customers indemnifying Silika against related damages.

Data Access

Customers must provide necessary data for service delivery, ensuring Silika has required access rights. Customer data must comply with legal standards and not infringe third-party rights. Silika may suspend services for violations, with indemnity from the Customer.

Availability

Silika performs routine maintenance, aiming for 99% annual availability, excluding uncontrollable downtimes. Silika may restrict access for security reasons, notifying Customers of significant maintenance impacting availability.

Term and Termination

Agreement durations are outlined in individual contracts. Without such contracts, the agreement is indefinite, terminable with two weeks' notice. Fixed-term contracts auto-renew unless terminated before the current term's end. Silika may refund cancellations within a grace period for auto-renewed contracts exceeding one month. Post-contract, Silika is not obliged to store Customer data.

Payment Terms

Continuous charges apply as agreed or per Silika's price list, excluding explicitly free services. Prices are subject to change. Invoices can be delivered electronically, with payment default occurring 7 days post-invoice without reminder. Late payments incur statutory interest, with Silika reserving the right to additional damages. SEPA direct debit is available, requiring Customer mandates.

Copyright and License

Silika grants Customers a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Software, Platform, and Tools, conditional on fee payment. The Platform is for intended use only, with misuse resulting in access termination.

Warranty and Limits

Silika ensures the Software is developed to standard, free of significant defects. Software suggestions do not guarantee specific results, with Customer responsibility for decision-making. Warranty claims expire within one year unless law mandates longer.

Limitation of Liability

Silika’s liability is limited to contractually essential obligations and foreseeable damages for paid services, excluding slight negligence. For free services, liability is limited to intent or gross negligence. Liability exclusions extend to Silika personnel and agents.

Confidentiality

Silika and Customers commit to confidentiality, protecting sensitive data. Silika staff is bound to secrecy, with penalties for breaches. Aggregated and anonymized data may be used for service improvement without disclosing Customer specifics.

Data Protection

Silika processes personal data as per its privacy policy, adhering to data protection laws for contract data processing.

Changes

Silika may amend these GTC, notifying Customers six weeks in advance with an objection right. Uncontested changes after six weeks or continued service use post-notification are deemed accepted.

Final Provisions

The legal relationship is governed by German law, excluding international laws. The jurisdiction is Berlin, Germany. Force majeure events suspend obligations. Amendments require written form, with electronic signatures acceptable. Invalid provisions do not affect the GTC's validity, replaced by legal regulations.