Terms of Service

Welcome to Silvabird. These Terms of Service (the "Terms") govern your access to and use of Silvabird's email hosting services (the "Services"). By using our Services, you confirm that you have read, understood, and agreed to these Terms.

Silvabird is a company registered in the Netherlands with the following details:

• KVK Number: 94086095
• VAT ID: NL005063447B38

Our commitment to privacy and data protection is fundamental to our operations. Silvabird complies with the General Data Protection Regulation (GDPR) and other applicable privacy laws. For information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

For purposes of these Terms, the following definitions apply:

• "Silvabird," "we," "us," or "our": Refers to Silvabird (KVK Number 94086095), its affiliates, employees, and authorized agents.
• "User," "you," or "your": Refers to any individual or entity who accesses or uses the Services.
• "Services": Refers to all email hosting solutions and related offerings provided by Silvabird under these Terms.
• "Account": Refers to the user account you create to access and use the Services.
• "Privacy Policy": Refers to Silvabird’s separate policy describing how we handle personal data and privacy practices, which can be found via a link provided in these Terms.
• "GDPR": Refers to the General Data Protection Regulation (EU) 2016/679.
• "Consumer": Refers to a natural person using the Services for personal, non-commercial purposes, as opposed to a business or professional entity.
• "Parent or Legal Guardian": Refers to an individual who has the legal authority to consent to the use of the Services by a minor under the age of 16.
• "Terms": Refers collectively to these Terms of Service, including any updates or amendments.

All references in these Terms to the above definitions shall be interpreted accordingly.

Silvabird’s Services are available to both individuals and entities capable of entering into legally binding agreements under applicable law. For individual Users, you must generally be at least 16 years of age. If you are under 16, you may only use the Services with verifiable consent from a Parent or Legal Guardian, who assumes responsibility for the Account's use.

By registering for an Account, you represent that all information provided is accurate, complete, and current. It is your responsibility to ensure that this information remains up to date. Silvabird reserves the right to suspend or terminate Accounts where inaccurate or incomplete information is provided or where required to comply with applicable laws.

When using Silvabird’s Services, you agree to the following responsibilities and obligations:

4.1 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including passwords and access methods. Any activity conducted through your Account is presumed to be authorized by you. If you suspect unauthorized access or misuse of your Account, you must notify Silvabird immediately. Silvabird is not liable for any loss or damage resulting from your failure to secure your Account.

4.2 Prohibited Activities

To maintain the integrity, security, and ethical use of our Services, you agree not to use Silvabird for activities that include, but are not limited to:

• Unlawful Content and Conduct: Sharing or promoting content that is unlawful, obscene, abusive, racist, discriminatory, or that incites hate or violence.
• Unsolicited Communications: Sending spam, phishing emails, or other forms of unsolicited bulk messages.
• Malicious Activities: Distributing malware, viruses, or harmful code.
• Intellectual Property Violations: Infringing upon the intellectual property rights of others, including copyrights and trademarks.
• Unauthorized Access: Attempting to gain unauthorized access to Silvabird’s infrastructure, other Users’ Accounts, or related systems.
• Network Interference: Engaging in activities that disrupt or degrade the performance of Silvabird’s Services, including but not limited to denial-of-service (DoS) attacks or excessive bandwidth consumption.
• High-Risk Use: Using Silvabird’s Services for purposes where service failure could result in death, personal injury, or severe environmental damage, such as critical infrastructure management.
• Automated Account Creation: Creating multiple Accounts through automated means without prior consent from Silvabird. (This does not apply to adding User Accounts within an authorized organizational Account.)
• Unauthorized Resale: Reselling or commercially exploiting Silvabird’s Services without obtaining prior written consent from Silvabird.

4.3 Compliance with Applicable Laws

You must comply with all applicable local, national, and international laws and regulations when using Silvabird’s Services. This includes, but is not limited to, data protection, intellectual property, and export control laws.

4.4 Misuse and Enforcement

We reserve the right to investigate suspected violations of these Terms. Where necessary, Silvabird may take appropriate actions, including Account suspension or termination, to ensure compliance with these Terms and applicable laws. Such actions will always respect your right to privacy and data protection.

5.1 Service Description

Silvabird provides secure email hosting Services with access via webmail, IMAP, POP3, and SMTP protocols. Services are offered exclusively on domains owned by the User, ensuring you retain control over your own email infrastructure.

5.2 Usage Limits

To ensure the stability and reliability of our Services, the following usage limits apply:

• Storage Limit: Each User Account includes 50GB of email storage.
• Sending Limit: Users may send up to 1,000 emails per day. Exceeding these limits may result in temporary sending restrictions or Account suspension to prevent abuse and maintain service integrity.

5.3 Fair Use

Silvabird’s Services are intended for regular email communication. Excessive use that may impact service performance for other Users, including unusually high volumes of sent messages or storage consumption, may result in temporary limitations or additional verification requirements to ensure fair access for all Users.

Silvabird is committed to safeguarding your privacy and protecting your personal data. Our Services are designed with privacy in mind, and we adhere to the GDPR.

6.1 Data Collection and Usage

Silvabird only collects data essential for providing and maintaining our Services. This includes information necessary for Account management, email delivery, and technical operations. We do not access or analyze the content of User emails for advertising or profiling purposes.

For more detailed information on our data handling practices, please refer to our Privacy Policy.

6.2 User Rights

Users have the following rights under GDPR:

• Right of Access: You can request confirmation of whether we process your personal data and, if so, access to that data.
• Right to Rectification: You can request the correction of inaccurate or incomplete personal data.
• Right to Erasure: You can request the deletion of your personal data, subject to legal and operational retention requirements.
• Right to Restriction of Processing: You can request a temporary halt to the processing of your personal data under certain conditions.
• Right to Data Portability: You can request your personal data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller.
• Right to Object: You can object to the processing of your personal data in specific cases, including processing based on legitimate interests.
• Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, such as the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), if you believe your data protection rights have been violated.

Requests to exercise these rights can be submitted as described in our Privacy Policy.

7.1 Billing and Payment Terms

Silvabird’s Services are billed on a monthly basis. Invoices are issued on the first day of each month for the preceding month, with charges prorated based on the number of days each User Account existed.

All prices listed are exclusive of VAT. The applicable VAT rate will depend on the User’s location and legal entity status, in accordance with relevant tax regulations.

Accepted payment methods include:

• Credit Card
• SEPA Direct Debit

Additionally, Silvabird may accept one-time bank transfers to be applied as Account balance. Such balance is non-refundable and will be applied to future invoices until fully used. Balance may not be transferred between Accounts or refunded for any reason. If an Account remains inactive for more than 24 months, the balance may be forfeited.

7.2 Refund Policy

Silvabird complies with applicable EU consumer protection laws, including the right of Consumers to withdraw from a purchase within the legally required period (typically 14 days) for a full refund. This right applies only to Consumer customers and may not apply to business customers.

Refunds beyond the statutory withdrawal period are granted at Silvabird’s sole discretion and are generally not provided for partial periods of use. Prepaid balances obtained via one-time transfers are non-refundable.

7.3 Non-Payment and Account Suspension

Failure to pay invoices when due may result in suspension or termination of your Account. If payment issues arise, Silvabird will make reasonable attempts to notify you. Continued non-payment may lead to permanent Account termination and deletion of associated data, subject to applicable legal obligations.

8.1 Service Modifications

Silvabird continuously works to improve and update its Services. We reserve the right to modify, suspend, or discontinue any part of the Service, including features, pricing, and technical requirements. Where possible, we will provide reasonable prior notice (typically at least 30 days) for significant changes that may impact Users.

We are committed to transparency and will communicate such changes through appropriate channels, such as email notifications or in-service announcements.

8.2 Termination by Silvabird

Silvabird may suspend or terminate User Accounts under certain circumstances, including but not limited to:

• Non-Payment: As described in the Payment and Refunds section.
• Breach of Terms: Violations of the User Responsibilities or Service Usage and Limitations sections.
• Illegal Activities or Network Abuse: Engagement in activities that violate applicable laws or compromise the integrity and security of our Services, as detailed in the relevant sections of these Terms.

We will make reasonable efforts to notify Users prior to termination unless immediate action is required for legal compliance or to prevent harm.

8.3 Termination by Users

Silvabird aims to make Account management simple and user-friendly. Users can delete individual user Accounts at any time, which will immediately stop billing for those Accounts.

To close an entire Account, Users may contact support@silvabird.com. We want to emphasize that this process is straightforward, with no unnecessary steps or obstacles. Account closures will be processed promptly upon request, subject to applicable legal obligations.

9.1 Service Availability and Backups

Silvabird provides its Services on an "as is" and "as available" basis. While we make every reasonable effort to ensure the availability and reliability of our Services, we do not guarantee uninterrupted access or specific performance levels. Maintenance, updates, or factors beyond our control may occasionally result in downtime.

Silvabird maintains backups for disaster recovery purposes. These backups are not intended for individual User restoration. While we may, at our sole discretion, attempt to recover User data in exceptional cases, we make no guarantees that such recovery will be successful.

9.2 Limitation of Liability

To the maximum extent permitted by law, Silvabird shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from or related to the use or inability to use the Services.

Silvabird’s total liability, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the User for the Services in the 12 months preceding the event giving rise to the claim.

9.3 Indemnification

You are responsible for your use of Silvabird’s Services. If your actions result in legal claims against Silvabird, you agree to cover any costs, damages, or expenses that arise as a result, including reasonable legal fees. This includes claims related to:

• Your violation of these Terms;
• Your infringement of intellectual property or other rights; or
• Any content you transmit through the Services that violates applicable laws.

9.4 Force Majeure

Silvabird is not responsible for any delays or failures in providing the Service due to events beyond its reasonable control, such as natural disasters, wars, government actions, labor disputes, or infrastructure failures.

Silvabird may update or amend these Terms of Service from time to time to reflect changes in our Services, legal requirements, or operational needs.

10.1 Notification of Changes

We will notify Users of any significant changes by email, providing at least 30 days' notice before the updated Terms take effect. This notice period allows you to review the changes and decide whether to continue using the Service.

10.2 Acceptance of Updated Terms

By continuing to use Silvabird’s Services after the effective date of the updated Terms, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, you have the right to discontinue use of the Services at any time.

We are committed to transparency and will ensure that changes to these Terms are clearly communicated.

11.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands and applicable European Union regulations, without regard to any conflict of law provisions.

11.2 Dispute Resolution

Before initiating any formal legal proceedings, you agree to first contact support@silvabird.com to attempt to resolve any disputes or claims amicably. Silvabird is committed to addressing concerns promptly and in good faith.

If a dispute cannot be resolved informally, the parties agree to consider mediation as a preferred method of resolution before pursuing litigation. Should mediation fail or be declined, disputes will be exclusively submitted to the competent court in Amsterdam, the Netherlands.

11.3 Language of the Terms

These Terms of Service are provided in English. While Silvabird may offer translations for convenience, the English version shall prevail in the event of any discrepancies or inconsistencies between language versions.

For any questions, concerns, or support requests related to Silvabird’s Services or these Terms of Service, you can contact us at:

Email: support@silvabird.com

We aim to respond to inquiries in a timely manner and are committed to providing helpful and transparent support.