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Terms of Service

Last updated 14 July 2026

Draft — pending review by legal counsel

This document is a working draft, not a final or binding agreement. The substance is complete; a few clauses still carry notes for our legal counsel to confirm before publication.

1. Agreement

These Terms govern access to and use of silow.ai and the Silow product provided by Loki Build, Inc., a United States company (“Silow”). By using the service you agree to them. For enterprise engagements a separate signed agreement may govern and prevails over these Terms.

2. Definitions

  • Customer Workflow Data — application and window metadata, activity traces, and the tasks and processes derived from them, captured on the Customer’s machines.
  • Deployment mode — zero-access or cloud-pipeline, as defined in §5.
  • Outputs — the maps, reconstructed processes and ranked roadmap Silow produces.

Capitalized terms not defined here have the meaning given in the DPA or the applicable order form.

3. Accounts & access

You are responsible for the security of your account and for activity under it. Access is provided to named users under your account; enterprise customers can enforce sign-in through their own identity provider (SSO/SAML).

4. Acceptable use

No unlawful use, no attempts to breach security, no reverse engineering except as permitted by law, no infringement of third-party rights.

5. Customer content & deployment modes

Silow processes Customer Workflow Data only to provide the Service, and only on the Customer’s documented instructions. The Customer retains ownership of its content.

What happens to that data depends on the deployment mode, and the two are materially different:

  • Zero-access — processing happens inside the Customer’s environment. Silow does not receive, access or store raw captures.
  • Cloud-pipeline (default) — raw captures are transmitted to Silow’s cloud, filtered and anonymized server-side, and deleted within 48 hours. Silow acts as a processor under a DPA.

Full detail is in the Privacy Policy, the DPA and the Security page, which govern over any summary here.

6. What the product does not do

Silow represents that the Service:

  • does not log keystrokes;
  • does not capture camera or microphone input;
  • does not read the content of private communications;
  • does not infer emotions, mood, stress, sentiment, mental state, biometric traits or health;
  • does not produce individual productivity scores, performance evaluations or rankings;
  • does not use Customer Workflow Data to train or fine-tune any model.

7. Use restrictions — binding on the Customer

The Customer shall not use the Outputs:

  • to make or support employment decisions — hiring, promotion, termination, discipline;
  • to score, rank or evaluate individual employees;
  • to set productivity quotas;
  • for automated task allocation with employment consequences.

These restrictions are a condition of the licence. They are also what keeps the Service outside EU AI Act Annex III(4) high-risk classification, and a Customer that breaches them may bring itself, and the Service, inside it.

8. Customer obligations before deployment

The Customer is the controller of Customer Workflow Data and warrants that, before any recording begins, it will:

  • determine its own legal basis for the processing (in the EU, normally GDPR Art. 6(1)(f) legitimate interest with a documented balancing test — employee consent is generally not valid, given the power imbalance);
  • provide employees with all required notices and obtain acknowledgments where the law requires them. In the US this includes Connecticut, Delaware, New York and Maine, each with its own notice regime;
  • where a works council exists, complete co-determination before deployment (in Germany, BetrVG §87(1) No. 6 — triggered by a system’s objective capability to monitor, regardless of intent);
  • carry out a DPIA where required.

Silow supplies the works-council packet, the TOMs, the data-flow description and the retention limits. Silow cannot supply the Customer’s legal basis.

9. Intellectual property

The maps, reconstructed processes and ranked roadmap Silow produces from your content (the Outputs) belong to you, the Customer. Silow retains all rights, title and interest in and to the Service itself, including its software, models, and any improvements or general learnings that do not incorporate Customer Workflow Data. Nothing in these Terms transfers ownership of the Service to the Customer, and nothing transfers ownership of the Outputs or Customer Workflow Data to Silow.

10. Fees

Fees, billing frequency and payment terms are as set out in the applicable order form or plan. Unless the order form states otherwise, fees are exclusive of taxes and are non-refundable except where required by law.

11. Warranties & disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, and except for any express warranties stated in the applicable order form or enterprise agreement, Silow disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Silow does not warrant that the Service will be uninterrupted, error-free, or that it will meet the Customer’s requirements. The Outputs are analytical work product; the Customer is responsible for how it uses them, subject to the use restrictions in §7. Nothing in this section limits any warranty or right that cannot be excluded under applicable law.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, goodwill or data, arising out of or relating to these Terms or the Service, even if the party has been advised of the possibility of such damages.

Except for liabilities that cannot be limited by law and for the excluded matters identified below, each party’s total aggregate liability arising out of or relating to these Terms is limited to the fees paid or payable by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits either party’s liability where such exclusion or limitation is not permitted by applicable law.

13. Term & termination

These Terms apply for as long as you use the Service. Either party may terminate for material breach that is not cured within thirty (30) days of written notice describing the breach. The term, renewal, and any notice periods for enterprise engagements are governed by the applicable order form, which prevails over this section. On termination or expiry your right to access the Service ends, and Customer Workflow Data and Outputs are returned or deleted, and otherwise handled, in accordance with the DPA and the Privacy Policy. Sections that by their nature should survive termination — including intellectual property (§9), warranties and disclaimers (§11), limitation of liability (§12), and governing law (§14) — survive.

14. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction over any dispute, subject to any different dispute-resolution terms in an enterprise agreement or order form. Where mandatory local consumer or employee law grants a party rights that cannot be waived (for example, for users in the EU/EEA), nothing in these Terms removes or overrides those rights.

15. Changes

We may update these Terms; continued use after changes constitutes acceptance.

16. Contact

Loki Build, Inc. — operating as Silow. Contact: team@silow.ai.