Terms of Service

1. Company information

These Terms of Service ("Terms") apply to services and products provided by Whirlswirl CommV, trading as SilverSync ("SilverSync", "we", "us" or "our").

• Registered name: Whirlswirl CommV
• Trading name: SilverSync
• Registered office: Engelandstraat 288, bus 2, 1180 Uccle, Belgium
• Enterprise number: 0753.873.310
• VAT number: BE0753.873.310
• Email: info@silversync.be

Whirlswirl CommV is a Belgian commanditaire vennootschap registered in the Crossroads Bank for Enterprises.

2. Scope of these Terms

These Terms govern your use of https://silversync.be and any web development, mobile app development, product development, technical consulting, search engine optimization, digital marketing, AI tooling, hosting, maintenance or related services we provide.

If a signed proposal, statement of work, order form, data processing agreement or other written agreement applies to a project, that document controls where it conflicts with these Terms.

Unless we expressly agree otherwise, our services are provided to business and professional clients. If you are a consumer, nothing in these Terms limits rights that cannot be excluded under applicable consumer law.

3. Proposals, scope and changes

Project scope, deliverables, fees, timelines and assumptions are defined in the applicable proposal or written agreement. Any work outside the agreed scope may require a separate quote, timeline adjustment or written approval.

Timelines depend on timely feedback, access, content, approvals and cooperation from you and any third-party providers involved in the project.

4. Your responsibilities

You agree to:

• provide accurate information, content, materials and access needed for the work;
• ensure you have the rights to any materials you provide to us;
• review deliverables and raise issues within the agreed review period;
• use our services and products lawfully and in accordance with these Terms;
• keep credentials, accounts and access details secure.

You may not use our services or products for unlawful, harmful, fraudulent, infringing, abusive or security-compromising activity.

5. Fees, invoices and payment

Fees are those stated in the applicable quote, proposal or written agreement. Unless stated otherwise, invoices are payable within 30 calendar days from the invoice date.

If a business client pays late, we may charge statutory late-payment interest and reasonable recovery costs permitted by applicable law, after any notice required by law.

If a consumer payment is late, we will apply the mandatory Belgian consumer debt collection rules, including a free first reminder and the required 14-calendar-day payment period before any legally permitted interest or compensation is charged.

We may suspend work, support or access if invoices remain unpaid after notice, except where prohibited by law.

6. Intellectual property

You retain ownership of materials you provide to us. You grant us the rights needed to use those materials to perform the services.

We retain ownership of our pre-existing tools, know-how, templates, reusable code, workflows, concepts, libraries and internal methods.

Unless the applicable proposal or written agreement says otherwise, once all related fees are paid, you receive a non-exclusive, worldwide license to use the final deliverables for their intended business purpose. Custom ownership transfers, source-code handover, exclusivity or broader rights must be agreed in writing.

Third-party software, fonts, stock assets, open-source packages, hosting platforms and other third-party materials remain subject to their own license terms.

7. Confidentiality

Each party will protect the other party's non-public confidential information with reasonable care and use it only for the relevant business relationship. Confidentiality does not apply to information that is public, independently developed, lawfully received from another source or required to be disclosed by law.

8. Third-party services

Projects may depend on third-party services such as hosting providers, app stores, APIs, payment providers, analytics tools, email providers, AI models or content management systems. We are not responsible for third-party outages, price changes, policy changes, security incidents or service limitations outside our control.

You are responsible for reviewing and accepting third-party terms where those services are used for your project or account.

9. AI-assisted work

Where AI-assisted tools are used, outputs may require human review. You are responsible for reviewing final content, legal claims, factual claims and business decisions before publication or use, unless we have expressly agreed to provide that review as part of the project.

10. Warranties and disclaimers

We will perform services with reasonable professional care and skill. We do not guarantee specific commercial results, rankings, traffic, revenue, conversion rates, platform approvals or uninterrupted availability unless expressly agreed in writing.

Except as required by law or expressly agreed in writing, services and products are provided without additional warranties.

11. Liability

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury, or any liability that cannot be limited under applicable law.

To the maximum extent permitted by law, our total liability for claims relating to a service, product or project is limited to the fees you paid to us for the affected service, product or project during the 6 months before the event giving rise to the claim.

To the maximum extent permitted by law, we are not liable for indirect loss, loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption.

12. Termination

Either party may terminate an ongoing service engagement or subscription with 30 days' written notice, unless the applicable agreement states otherwise.

You remain responsible for paying for work performed, costs incurred and product or service access provided up to the effective termination date. We may terminate or suspend immediately if you materially breach these Terms and do not remedy the breach within a reasonable period after notice.

13. Force majeure

Neither party is responsible for delay or failure caused by events outside reasonable control, including internet or hosting outages, supplier failures, labor disputes, government action, war, cyberattacks, natural disasters or other force majeure events.

14. Governing law and disputes

These Terms are governed by Belgian law.

For business clients, the courts of Brussels, Belgium have exclusive jurisdiction, unless mandatory law requires another forum. For consumers, mandatory consumer jurisdiction rules remain unaffected.

15. Contact

Questions about these Terms can be sent to info@silversync.be.