Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, or using the ASilva Innovations Platform, you agree to be legally bound by these Terms and Conditions, all applicable laws, regulations, and policies referenced herein, including our Privacy Policy and Cookie Policy.

Your continued use of the Platform following any modifications to these Terms constitutes acceptance of such changes. If you do not agree with any part of these Terms, you must immediately cease all use of our Services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" refers to all ASilva Innovations websites, web applications, mobile applications, software, tools, and digital services, including but not limited to DDRiVE-M, Strategic Planner Pro, Real-Time Leadership (RTL) programs, SPARC assessments, and all related documentation and resources.
• "Services" means all products, services, features, content, applications, and functionality provided through the Platform, including AI-powered resilience solutions, disaster risk reduction tools, strategic planning software, leadership training, consulting services, and technical support.
• "User", "you", "your" refers to any individual or entity that accesses or uses the Platform.
• "Account" means the unique profile created by a User to access certain features of the Platform.
• "Content" includes all text, graphics, images, software, code, data, information, materials, and other content available on or through the Platform.
• "User Content" refers to any data, information, or materials uploaded, submitted, or transmitted by Users through the Platform.
• "Intellectual Property" means all patents, trademarks, service marks, copyrights, trade secrets, proprietary information, and other intellectual property rights.

3. Eligibility and Account Registration

3.1 Age and Capacity Requirements

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Platform. By using the Platform, you represent and warrant that you meet all eligibility requirements and have the legal capacity to enter into these Terms.

If you are accessing the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.2 Account Creation

Certain features of the Platform require you to create an Account. When creating an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your Account
• Immediately notify us of any unauthorized use of your Account

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account password and for all activities under your Account. ASilva Innovations cannot and will not be liable for any loss or damage arising from your failure to maintain Account security.

We reserve the right to disable any Account or username at any time if, in our reasonable opinion, you have violated any provision of these Terms.

4. Services Provided

4.1 Platform Services

ASilva Innovations provides the following categories of Services:

• DDRiVE-M Platform: Enterprise risk management system with real-time risk indexing, compliance tracking, vulnerability mapping, and customizable dashboards
• Strategic Planner Pro: AI-powered planning suite with SWOT analysis, balanced scorecards, and portfolio tracking
• Real-Time Leadership (RTL): Leadership development programs based on the MOVE framework
• SPARC Assessments: AI-driven resilience and risk assessment tools
• Consulting Services: Professional advisory services for disaster resilience, strategic planning, and organizational development
• Training and Education: Courses, workshops, webinars, and certification programs
• Technical Support: Customer support, implementation assistance, and platform maintenance

4.2 Service Availability

We strive to maintain continuous availability of the Platform. However, we reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for reasons including but not limited to:

• Scheduled maintenance and upgrades
• Emergency repairs or security updates
• Changes in technology or business strategy
• Legal or regulatory requirements
• Force majeure events beyond our reasonable control

4.3 Service Modifications

We may update, enhance, or modify the Services from time to time. We will use commercially reasonable efforts to notify Users of material changes that significantly affect Service functionality. Continued use of the Services following such modifications constitutes acceptance of the changes.

5. User Responsibilities and Conduct

5.1 Acceptable Use

When using the Platform, you agree to comply with all applicable laws and regulations and to use the Services only for lawful purposes. You agree NOT to:

• Violate any local, national, or international law or regulation
• Infringe upon or violate the intellectual property rights of ASilva Innovations or any third party
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Attempt to gain unauthorized access to any portion of the Platform, other Accounts, computer systems, or networks
• Use any automated system, including "robots," "spiders," or "scrapers" to access the Platform without our express written permission
• Introduce viruses, malware, or any other harmful code to the Platform
• Collect or harvest personal information about other Users without their consent
• Use the Platform for any competitive or commercial purpose not expressly authorized by us

5.2 User Content

You are solely responsible for all User Content you upload, post, or transmit through the Platform. You represent and warrant that:

• You own or have the necessary rights and permissions to use and share your User Content
• Your User Content does not violate any intellectual property rights, privacy rights, or other rights of third parties
• Your User Content complies with all applicable laws and these Terms

5.3 Data Accuracy

You are responsible for ensuring the accuracy, quality, and legality of User Content and the means by which you acquire it. ASilva Innovations is not responsible for the accuracy or reliability of any User Content.

6. Subscription Plans and Payments

6.1 Subscription Plans

Certain Services require a paid subscription. Subscription plans may vary by features, usage limits, support levels, and pricing. Current subscription options and pricing are available on our website at asilvainnovations.com.

6.2 Billing and Payment

By subscribing to paid Services, you agree to:

• Provide accurate and complete billing information
• Authorize us to charge the applicable subscription fees to your designated payment method
• Pay all applicable taxes and fees
• Maintain a valid payment method on file

Subscription fees are charged on a recurring basis (monthly, quarterly, or annually as selected) until cancelled. You authorize us to automatically charge your payment method for renewal unless you cancel before the renewal date.

6.3 Refunds and Cancellations

All subscription fees are non-refundable except as required by law or as specifically stated in your subscription agreement. You may cancel your subscription at any time, but you will not receive a refund for any fees already paid. Upon cancellation, your access to paid Services will continue until the end of your current billing period.

6.4 Free Trials

We may offer free trial periods for certain Services. At the end of the trial period, you will be automatically charged for the subscription unless you cancel before the trial ends. We reserve the right to limit or modify free trial offers at any time.

6.5 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will be communicated to you at least 30 days in advance and will take effect at your next billing cycle. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

7. Intellectual Property Rights

7.1 Ownership of Platform Content

All Content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, code, and the compilation thereof, is the exclusive property of ASilva Innovations or its licensors and is protected by Philippine and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"ASilva Innovations," "DDRiVE-M," "Strategic Planner Pro," "Real-Time Leadership," "RTL," "SPARC," and all related logos, product and service names, designs, and slogans are trademarks of ASilva Innovations. You may not use these marks without our prior written permission.

7.3 Limited License

Subject to your compliance with these Terms, ASilva Innovations grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes. This license does not include:

• Any resale or commercial use of the Platform or its Content
• Any collection or use of product listings, descriptions, or prices
• Any derivative use of the Platform or its Content
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools

7.4 User Content License

By submitting User Content to the Platform, you grant ASilva Innovations a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for the purpose of providing and improving the Services.

7.5 Feedback

Any feedback, comments, or suggestions you provide regarding the Platform or Services ("Feedback") will be owned by ASilva Innovations, and we may use such Feedback for any purpose without obligation to you.

8. Data Privacy and Security

8.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, disclose, and protect your personal information.

8.2 Data Protection Compliance

ASilva Innovations complies with applicable data protection laws, including:

• Republic Act No. 10173 (Data Privacy Act of 2012) - Philippines
• General Data Protection Regulation (GDPR) - European Union
• Other applicable international data protection regulations

8.3 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee its absolute security.

8.4 Data Retention

We retain your data only for as long as necessary to provide Services and comply with legal obligations. Upon Account termination, we will delete or anonymize your personal data in accordance with our Privacy Policy and applicable law, subject to certain retention requirements.

9. Third-Party Services and Links

9.1 Third-Party Links

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by ASilva Innovations. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

9.2 Third-Party Integrations

The Platform may integrate with third-party services (such as payment processors, analytics providers, or cloud storage services). Your use of these third-party services is subject to their respective terms and privacy policies.

9.3 No Endorsement

The inclusion of any link or integration does not imply endorsement, approval, or recommendation by ASilva Innovations. You acknowledge and agree that ASilva Innovations shall not be responsible or liable for any damages or losses caused by your use of third-party services.

10. Warranties and Disclaimers

10.1 "AS IS" and "AS AVAILABLE" Basis

10.2 No Warranty of Accuracy

We do not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Platform will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Platform will meet your expectations
• Any errors in the Platform will be corrected

10.3 Professional Advice Disclaimer

The information and Services provided through the Platform are for informational purposes only and do not constitute professional advice (legal, financial, medical, or otherwise). You should consult with appropriate professionals for specific advice tailored to your situation.

10.4 Risk Assessment Disclaimer

While our AI-powered risk assessment and resilience tools are designed to provide valuable insights, they should not be relied upon as the sole basis for critical decisions. All assessments and recommendations should be reviewed by qualified professionals in conjunction with other information sources.

11. Limitation of Liability

IN NO EVENT SHALL ASILVA INNOVATIONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ASILVA INNOVATIONS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless ASilva Innovations, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms
• Your violation of any rights of another party, including any other User
• Your violation of any applicable laws, rules, or regulations
• Your User Content or any content you submit, post, or transmit through the Platform
• Your use or misuse of the Platform or Services
• Your breach of any representation or warranty contained herein

ASilva Innovations reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ASilva Innovations in asserting any available defenses.

13. Termination and Suspension

13.1 Termination by User

You may terminate your Account at any time by:

• Using the account deletion feature in your Account settings
• Contacting customer support at admin@asilvainnovations.com

Upon termination, your right to use the Platform will immediately cease. You will remain liable for all charges accrued prior to termination.

13.2 Termination by ASilva Innovations

We reserve the right to suspend or terminate your Account and access to the Platform, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity
• Failure to pay applicable fees
• At our sole discretion for any other reason

13.3 Effect of Termination

Upon termination of your Account:

• Your right to access and use the Platform will immediately cease
• We may delete your Account and User Content
• You will remain bound by provisions of these Terms that by their nature should survive termination (including intellectual property provisions, warranties, disclaimers, and limitations of liability)

13.4 Data Retrieval

You are responsible for retrieving your User Content before termination. We are not obligated to retain or provide copies of User Content after Account termination.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Platform, you agree to first contact us at admin@asilvainnovations.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within thirty (30) days.

14.2 Arbitration

If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration in accordance with the arbitration rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) or a mutually agreed alternative dispute resolution provider. The arbitration shall be conducted in Metro Manila, Philippines, in the English language.

14.3 Class Action Waiver

You agree to resolve disputes with ASilva Innovations on an individual basis. You waive any right to pursue claims on a class or representative basis or to participate in a class action or representative proceeding.

14.4 Exceptions

Notwithstanding the arbitration provisions, either party may bring a claim in court for:

• Intellectual property infringement or misappropriation
• Injunctive or equitable relief
• Claims within the jurisdiction of small claims court

15. Legal Compliance

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

15.2 Jurisdiction and Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Metro Manila, Philippines, and you consent to the personal jurisdiction of such courts.

15.3 Compliance with Laws

You agree to comply with all applicable local, national, and international laws, regulations, and ordinances when using the Platform, including but not limited to:

• Data Privacy Act of 2012 (RA 10173) - Philippines
• Cybercrime Prevention Act of 2012 (RA 10175) - Philippines
• Disaster Risk Reduction and Management Act (RA 10121) - Philippines
• Export control laws and regulations
• Anti-corruption laws

15.4 Government Users

If you are a government entity or using the Platform on behalf of a government entity, you agree that the Services are "Commercial Items" as defined by applicable procurement regulations.

16. Modifications to Terms

16.1 Right to Modify

ASilva Innovations reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on the Platform
• For material changes, provide notice through email, Platform notification, or other reasonable means

16.2 Acceptance of Modifications

Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the Platform.

16.3 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed of any updates.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and ASilva Innovations regarding the use of the Platform and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. ASilva Innovations may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

17.5 Force Majeure

ASilva Innovations shall not be liable for any failure to perform its obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority to bind ASilva Innovations in any respect.

17.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17.8 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

We aim to respond to all inquiries within 2-3 business days. For urgent matters, please indicate "URGENT" in your subject line.