Alloy Terms

Sila works with First Mile Group, Inc. d.b.a. “Alloy,” https://www.alloy.com/, to help facilitate verification of End User identities and related functions (the “Alloy Services”) as part of the Services to be integrated with the Customer Application. These terms apply Services offered through all Financial Institution Partners other than Fortress.  To any extent the Customer Application uses the Alloy Services, Customer agrees to be bound by these terms and conditions (these “Alloy Service Terms”) to govern use of the Alloy Services at all times.

1. Alloy makes no warranties, express or implied, to Customer or any Permitted User with respect to the Alloy services. The Alloy Services are provided on an “as is” basis. Alloy specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice.
2. In no event shall Alloy or its suppliers be liable to Customer under or in connection with the Services or the subject matter of the Agreement or any agreement between Sila and End Users under any legal or equitable theory, including breach of contract, tort, strict liability or otherwise, for any indirect, incidental, special, punitive, or consequential damages, however arising, and regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of it essential purpose. Alloy’s maximum aggregate liability to Customer under these Alloy Service Terms or in connection with the Services or the Alloy Services, including for any and all losses or injuries arising out of anything to be done or furnished under these Alloy Service Terms, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed one thousand dollars ($1,000).
3. Except as expressly set forth herein, nothing in these Alloy Service Terms grant any right, title, or interest in or to (including any license to) the Alloy Services or any information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions contained therein. All right, title, and interest in the Alloy Services shall remain with Alloy.