Terms & Conditions
Last Updated: 18th January 2026
These Terms of Service ("Agreement") govern the relationship between you ("Customer" or "You") and Silicon Witchery AB, a Swedish limited company with its registered office in Sweden ("Silicon Witchery," "we," "us," or "our"). This Agreement applies to all hardware products, the Superstack IoT platform, and related services provided by Silicon Witchery.
By purchasing our hardware, creating an account, or accessing our platform, you agree to be bound by these terms. If you are entering into this Agreement on behalf of an entity, you represent that you have the authority to bind that entity to these terms.
1. Definitions
"Hardware" means the S2 Module and any
other physical products sold by Silicon Witchery.
"Platform" means the Superstack IoT
platform, a software-as-a-service solution for managing IoT
devices, storing IoT data, and building AI agents.
"Services" means the Platform, APIs,
documentation, and any related services provided by Silicon
Witchery.
"Subscription" means the right to access
and use the Platform according to your selected tier.
"Documentation" means user guides, API
references, and other materials made available by Silicon
Witchery.
"Customer Data" means all information,
content, and data provided by or on behalf of Customer and
made available, distributed, or stored through use of the
Platform, including but not limited to machine-generated
data, device telemetry, sensor readings, logs, and any other
data transmitted from Customer's devices or systems.
2. Platform Subscription and Support
2.1 Grant of License. Subject to your compliance with this Agreement and timely payment of applicable fees, Silicon Witchery grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform for your internal business purposes during the subscription term.
2.2 Subscription Tiers. The Platform is offered in multiple subscription tiers, each with different features, usage limits, and data retention periods as described on our pricing page at siliconwitchery.com/pricing. Higher tiers unlock additional features and capabilities.
2.3 Account Registration. You must create an account to access the Platform. You are responsible for providing accurate, current, and complete information and for maintaining the confidentiality of your account credentials. You are responsible for all activities that occur under your account, including the actions of any individuals to whom you give access to the Platform.
2.4 Support. Silicon Witchery will use reasonable efforts to provide technical support by email during normal business hours (Central European Time), excluding Swedish public holidays. Certain subscription tiers may receive enhanced support as specified on our pricing page or in a separate service agreement.
3. Platform Control and Maintenance
3.1 Control of the Platform. The method and means of providing the Platform shall be under the exclusive control, management, and supervision of Silicon Witchery. Silicon Witchery will provide and operate the Platform in a professional and commercially reasonable manner.
3.2 Infrastructure. Each party shall retain sole responsibility for that party's information technology infrastructure, including computers, servers, software, databases, electronic systems, and networks, whether operated directly by such party or through the use of third-party services.
3.3 Maintenance. Silicon Witchery may schedule maintenance activities from time to time. We will use reasonable efforts to provide advance notice of any maintenance activities that may interrupt access to the Platform, unless we are not reasonably able to do so.
3.4 Disruption by Customer. You shall not take or permit any actions which could interfere with the operation of the Platform or any other customer's use of or access to the Platform, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Platform. If your use of the Platform results or may result (in Silicon Witchery's reasonable judgment) in any compromise, disruption, or denial of service related to the Platform, Silicon Witchery may suspend or terminate your access to the Platform, data, and/or traffic from you, in whole or in part.
4. Acceptable Use and Restrictions
4.1 Acceptable Use. You agree not to: (a) remove, alter, or obscure any of Silicon Witchery's or its licensors' copyright notices, proprietary legends, trademark or service mark attributions, or other indicia of ownership from the Platform; (b) reverse compile, disassemble, decompile, engineer, copy, modify, adapt, or create derivative works of or from the Platform or any part thereof; (c) make any Platform available to, or use the Platform for the benefit of, anyone other than you; (d) assign, transfer, sell, resell, license, sublicense, distribute, rent, or lease the Platform; (e) permit direct or indirect access to or use of the Platform in a way that circumvents any contractual usage limit; (f) copy the Platform or any part, feature, function, or user interface thereof; (g) access or use any Platform if you are a competitor of Silicon Witchery or in order to build a competitive product or service; (h) access or use the Platform for unlawful or malicious purposes or upload anything unlawful, misleading, malicious, or discriminatory; (i) perform or attempt to perform any actions that would interfere with the proper working of the Platform or Silicon Witchery's networks or infrastructure; (j) upload or transmit any device, software, or routine that contains any virus, Trojan horse, worm, time bomb, or other computer programming routines that may damage or interfere with the normal operation of the Platform; or (k) access or attempt to access any accounts or data other than those explicitly belonging to you or provided by Silicon Witchery for your use.
5. Hardware Sales
5.1 Purchase. Hardware products may be purchased through our website or authorized distributors. All orders are subject to acceptance and availability.
5.2 Shipping and Delivery. Shipping terms and delivery timeframes are provided at the time of purchase. Risk of loss passes to you upon delivery to the carrier.
5.3 Non-Refundable. All hardware purchases made directly from Silicon Witchery are non-cancellable and non-refundable. Hardware purchased through authorized distributors is subject to the distributor's own return and refund policies.
6. Hardware Disclaimers and Limitations
6.1 Intended Use. The S2 Module and related software or hardware have not been approved for life-sustaining or other applications where failure may cause harm to human life, health, or damage to property or equipment. Additionally, they have not been designed according to any critical standards in order to guarantee performance or accuracy.
6.2 No Responsibility for Use. No responsibility is assumed by Silicon Witchery for the use of its products, nor for any infringements of patents or other rights of third parties that may result from their use. Specifications are subject to change without notice.
7. Payment Terms
7.1 Accrual of Payment Rights. Silicon Witchery's right to collect fees for the Subscription, if applicable, shall accrue on the effective date. All amounts accrued or payments made under this Agreement are non-cancellable and non-refundable.
7.2 Fees. You agree to pay all fees associated with your subscription tier and any hardware purchases. All fees are quoted in the currency specified at checkout and are exclusive of applicable taxes unless otherwise stated.
7.3 Billing. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Payment is processed through Stripe. By providing Silicon Witchery with payment information, you authorize Silicon Witchery to charge such payment method for all applicable Subscriptions in accordance with this Agreement. Silicon Witchery reserves the right to increase fees for any Subscription once in any 12 month period.
7.4 Late Payment. If payment is not received when due, Silicon Witchery may suspend or terminate your access to the Platform until payment is received. Any amount which is unpaid when due may be subject to interest equal to the lower of 1.5% per month or the highest applicable legal rate.
7.5 Costs of Collection. Silicon Witchery shall be entitled to reimbursement for any reasonable costs associated with the collection of any past-due balance.
7.6 Taxes. You are responsible for all applicable taxes, including VAT, arising from your use of the Services or purchase of Hardware. All fees are exclusive of any taxes, fees, duties, or other amounts, however designated, that are levied or based upon such fees, or upon this Agreement.
8. Intellectual Property
8.1 Ownership. The Platform contains proprietary and confidential information of Silicon Witchery and its licensors. Except to the extent licenses are expressly granted hereunder, Silicon Witchery and its licensors retain all right, title, and interest in and to all intellectual property rights (including patent, trademark, trade secret rights, inventions, copyrights, know-how and trade secrets) in and to the Platform, Hardware designs, Documentation, and all related intellectual property. Nothing in this Agreement transfers any ownership rights to you.
8.2 Feedback. If you provide suggestions or feedback regarding the Services, Silicon Witchery may use such feedback without any obligation to you. Silicon Witchery shall own all right, title, and interest in and to any intellectual property created by Silicon Witchery and delivered to you pursuant to this Agreement.
9. Customer Data and Responsibilities
9.1 Ownership of Customer Data. You retain ownership of all Customer Data. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Data, as well as for the ownership of Customer Data and right to use and transfer Customer Data to Silicon Witchery. SILICON WITCHERY SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS TO, OR USE, CORRUPTION, DELETION, OR LOSS OF, ANY CUSTOMER DATA, EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, DELETION, OR LOSS IS DUE SOLELY TO SILICON WITCHERY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9.2 License to Customer Data. You grant to Silicon Witchery a non-exclusive, worldwide, royalty-free license to store, record, transmit, maintain, use, copy, perform, and display Customer Data to the extent reasonably necessary to carry out its obligations under this Agreement and to provide and improve the Services.
9.3 Usage Data and Analytics. Silicon Witchery may collect data (including data derived from Customer Data) with respect to the aggregate response rate and other aggregate measures of the Platform's performance, as well as information about your activation, configuration, and use of the Platform ("Usage Data"). Silicon Witchery may use Usage Data to verify licensing, provide technical support, improve and enhance the Platform, for other development, diagnostic, and corrective purposes, and (solely in anonymized form from which you cannot be identified) for marketing purposes in connection with the Platform and other Silicon Witchery offerings.
9.4 Personal Data. Customer Data may include both machine-generated data (such as device telemetry, sensor readings, and logs) and Personal Data. To the extent Customer Data includes any Personal Data (as such term is defined by the GDPR), you represent and warrant that you have: (a) provided all appropriate notices to individuals, (b) obtained all necessary legal bases and consents to share such Personal Data with Silicon Witchery for processing, and (c) complied with applicable privacy laws and data regulations. The disclaimers of liability for Customer Data set forth in Section 9.1 apply equally to all types of Customer Data, including both machine-generated data and Personal Data.
9.5 Privacy Policy. Silicon Witchery processes Customer Data in accordance with our Privacy Policy available at siliconwitchery.com/privacy. We implement appropriate technical and organizational measures to protect your data.
9.6 Security Standards. Silicon Witchery will maintain reasonable and appropriate security measures, including technical and organizational safeguards designed to ensure the security and confidentiality of Customer Data.
9.7 Data Retention. Customer Data is retained according to your subscription tier as specified on our pricing page at siliconwitchery.com/pricing. Upon termination, you may request export of your data within 30 days.
10. Warranties and Disclaimers
10.1 Warranties by Customer. You represent and warrant that you own all Customer Data or have all rights that are necessary to grant Silicon Witchery the licensed rights in Customer Data, including any consents required to transfer Personal Data to Silicon Witchery pursuant to this Agreement. You further represent and warrant that the Customer Data does not infringe, misappropriate, or violate a third party's intellectual property rights or rights of publicity or privacy, and will not result in the violation of any applicable law or regulation.
10.2 Platform Warranty. Silicon Witchery warrants that for a period of sixty (60) days after the effective date, when used properly, the Platform will be capable of functioning substantially in accordance with the Documentation. This warranty will not apply: (a) unless you make a claim within 30 days of the date on which you first noticed the non-conformity, (b) if the error was caused by misuse, modifications, or third-party hardware, software, or services, or (c) if you fail to implement all relevant updates to the Platform made available at no charge. If Silicon Witchery breaches this warranty, your sole and exclusive remedy shall be for Silicon Witchery to, at its expense, repair or replace the Platform to enable it to perform substantially in accordance with the Documentation.
10.3 Platform Availability. Silicon Witchery will use commercially reasonable efforts to maintain Platform availability but does not guarantee uninterrupted access. You acknowledge that the nature of internet-based service delivery is such that confidentiality and performance cannot be completely assured.
10.4 Hardware Warranty. Hardware is warranted against defects in materials and workmanship for a period of one (1) year from the date of delivery under normal use conditions. This warranty does not cover damage from misuse, modification, or improper handling.
10.5 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM, HARDWARE, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SILICON WITCHERY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR MEET YOUR SPECIFIC REQUIREMENTS.
11. Indemnification
11.1 Indemnification by Customer. You will defend, indemnify, and hold harmless Silicon Witchery from and against any losses, liabilities, damages, demands, suits, causes of action, judgments, costs, or expenses (including court costs, regulatory fines, and reasonable attorneys' fees) ("Claims") arising out of or relating to: (a) your breach of Section 9 (Customer Data and Responsibilities); (b) an allegation that Customer Data infringes or misappropriates the intellectual property rights or privacy rights of any third party or violates any applicable law; or (c) your use of the Hardware or Platform in violation of this Agreement.
11.2 Procedure. Silicon Witchery will give you notice of any Claim promptly upon becoming aware of it and will give you the opportunity to have sole control of the defense and settlement of any Claim, provided that you will not settle or compromise any Claim except with the express written consent of Silicon Witchery.
12. Limitation of Liability
12.1 Exclusion of Damages. EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER'S BREACH OF SECTIONS 4 OR 8, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SILICON WITCHERY SHALL NOT BE LIABLE FOR ANY SPECIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER CHARACTERIZED AS DIRECT OR INDIRECT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER THE LIABILITY ARISES FROM AN ACTION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SILICON WITCHERY'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU TO SILICON WITCHERY IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM MADE UNDER THIS AGREEMENT.
12.3 Exclusions. The limitations in this Section 12 do not apply to payments due to Silicon Witchery under this Agreement or any liability for which the governing law prohibits the exclusion or limitation of liability. In any jurisdiction that disallows any exclusions of warranties or limitation of liability, Silicon Witchery's liability will be limited to the greatest extent allowed by law.
13. Confidentiality
13.1 Confidentiality Agreement. Each party undertakes to keep confidential and not disclose to any third party all Confidential Information of the other party that it shall have obtained or received as a result of the discussions leading up to or the entering into or performance of this Agreement. "Confidential Information" includes, without limitation: technical data, know-how, product or service ideas or plans, software codes and designs, security information, algorithms, agreements with third parties, price lists, marketing plans, business plans, financial data, employee and consultant information, customer lists, or other business information disclosed by the disclosing party (whether by oral, written, graphic, or machine-readable format), which is designated in writing to be confidential or proprietary, or which would under the circumstances appear to a reasonable person to be confidential or proprietary.
13.2 Protection of Confidential Information. The receiving party agrees to take at least the same security precautions to protect against disclosure or unauthorized use of such Confidential Information that the receiving party takes with its own proprietary information, but in no event will the receiving party apply less than reasonable precautions. Neither party shall use or disclose the Confidential Information of the other party except to exercise rights or fulfill obligations as expressly permitted under this Agreement or by applicable law.
13.3 Exclusions. Confidential Information will not include any information which: (a) is already lawfully in the receiving party's possession and not subject to any duty of confidentiality; (b) is or becomes generally available to the public through no fault of the receiving party; (c) is disclosed to the receiving party by a third party who may transfer or disclose such information without restriction; (d) is disclosed by the receiving party with the disclosing party's written approval; or (e) is independently developed by the receiving party without any use of Confidential Information of the disclosing party.
13.4 Disclosure Required by Law. In the event that the receiving party is required by law to make any disclosure of Confidential Information of the disclosing party, by subpoena, judicial or administrative order, or otherwise, the receiving party shall first give written notice of such requirement to the disclosing party, and shall permit the disclosing party to intervene in any relevant proceedings to protect its interests in the Confidential Information.
13.5 Return of Confidential Information. Upon expiration or termination of this Agreement, the receiving party will destroy (or at the request of the disclosing party, return) all copies of all Confidential Information of the disclosing party in its possession or control, except that the receiving party may retain a single archive copy to the extent required to comply with applicable legal and regulatory requirements, provided that the receiving party maintains such Confidential Information in compliance with this Agreement until destroyed.
14. Force Majeure
No liability is held by Silicon Witchery for any delay or failure in performance arising as a result of any occurrence beyond its reasonable control, including but not limited to: capacity constraints, accident, act of God, labor disputes, civil commotion, war, medical outbreak, unanticipated manufacturing problems, shortage of energy, raw materials or other supplies, requirements or acts of any government or agency thereof including trade embargoes or medical quarantines, judicial action, and/or failure or delays in transportation.
15. Export Compliance
15.1 Regulations. Purchasing parties agree to take responsibility that any delivered hardware, software, documentation, and/or other materials, tangible or otherwise, shall not be consigned, transferred, re-exported, or sold to any party or person in any way that does not adhere to the most current Export Control Regulations ("Regulations") of the European Union Dual Use Regulations, and the Export Administration Regulations of the United States of America.
15.2 Right to Withhold. Silicon Witchery may hold back from delivering goods, services, or any other materials in its possession, if it suspects they may be used outside the accordance of these Regulations.
15.3 Indemnification for Export Violations. The purchasing parties agree to indemnify and hold harmless Silicon Witchery against any damages, costs, losses, and/or liabilities arising out of any non-compliance with Regulations.
16. Term and Termination
16.1 Term. The term of each Subscription is set forth in your account or order. This Agreement shall continue until all Subscriptions are terminated or expire, or until terminated in accordance with this Section 16. This Agreement commences on the date you first access the Platform or purchase Hardware.
16.2 Termination by You. You may terminate your subscription at any time through your account settings. Termination takes effect at the end of your current billing period.
16.3 Termination for Cause. This Agreement may be terminated: (a) immediately by either party if the other party commits any material breach of any term of this Agreement and which (in the case of a breach capable of being remedied) shall not have been remedied within 15 days of a written request to remedy the same; (b) by either party if the other party ceases to function as a going concern or has a petition filed by or against it under any bankruptcy or insolvency laws which petition has not been dismissed within 60 days of filing; or (c) immediately by Silicon Witchery if: (i) you are acquired by a competitor of Silicon Witchery; (ii) upon Silicon Witchery's reasonable determination that your use of the Platform poses a threat to Silicon Witchery, the Platform, or other customers; or (iii) your use of the Platform violates any applicable law or regulation.
16.4 Free Trials and Beta Periods. If you are accessing a free trial or beta version of the Platform, this Agreement (and any rights granted to you) shall automatically terminate at the end of the free trial or beta period. Either party may terminate the trial or beta period at any time.
16.5 Effect of Termination. Upon termination, your right to access the Platform ceases. You shall immediately cease using or destroy all copies of the Platform in your possession or control.
16.6 Survival. The provisions of this Agreement that by their nature and content are intended to survive termination shall so survive, including Sections 8, 9, 10, 11, 12, 13, 15, and 17.
16.7 Non-Exclusive Remedy. Termination is not an exclusive remedy for breach of this Agreement. All other remedies will be available to the non-breaching party whether or not the non-breaching party terminates this Agreement.
17. General Provisions
17.1 Waiver. The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
17.2 Notices. All notices must be in writing and in English and will be deemed given only when sent by mail (return receipt requested), hand-delivered, or sent by documented overnight delivery service to the party to whom the notice is directed, at its address indicated in the order or account (or such other address as to which the other party has been notified), or sent by email to the email address as may be provided by one party to the other from time to time.
17.3 Severability. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
17.4 Assignment. You may not assign, transfer, or sublicense this Agreement or any of your rights or obligations hereunder without the prior written consent of Silicon Witchery. Any attempted assignment in violation of this provision is void.
17.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Sweden.
17.6 Independent Contractors. The parties agree that each is an independent contractor and neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other party. This Agreement does not, and is not intended to, confer any benefit on, nor create any right exercisable or enforceable by, any third party.
17.7 Attorney Fees. If any legal action or other proceeding is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled.
17.8 Publicity. Customer grants to Silicon Witchery the right to use Customer's company name and logo as a reference for marketing or promotional purposes on Silicon Witchery's website and in other public or private communications with Silicon Witchery's existing or potential customers, subject to Customer's standard trademark usage guidelines as provided to Silicon Witchery from time to time.
17.9 Modifications. Silicon Witchery may modify this Agreement from time to time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, providing additional notice. Your continued use of the Services after such modifications constitutes acceptance of the updated terms.
17.10 Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the complete and exclusive understanding of the parties, and supersedes all prior and contemporaneous proposals, negotiations, agreements, and all other representations or communications, whether oral or written, with respect to the subject matter hereof. You acknowledge and agree that any purchase order or other document issued or delivered by you to Silicon Witchery that purports to contain legal provisions will have no binding effect on Silicon Witchery.
18. Contact Information
For questions about these Terms of Service, please contact us at:
Email: info@siliconwitchery.com
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