Terms and Conditions
IVY App allows people to stay safe and stay notified. It syncs via Bluetooth to IVY Smart Jewelry. It offers a variety of security and safety options (“Services”) through the Android and iOS Apps (collectively, this “App”).
The terms “we”, “us”, “our” and “Smartfuture” refer to Smartfuture Pte Ltd, a Singapore corporation which owns and manages this App. The term “you” refers to the customer visiting the App and/or contributing content on this App.
This App and the Services made available on this App are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this App in any manner, you agree to be bound by the Agreement and represent that you have read and understood its Terms and Conditions. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this App.
We reserve the right, at our sole discretion, to change or modify any part of these Terms and Conditions at any time without further notice. You should visit this page from time to time to review the current Terms and Conditions which you are bound. If we change or modify these Terms and Conditions, we will post the changes to or modifications of these Terms and Conditions on this page and will indicate at the bottom of this page the date these Terms and Conditions were last revised.
Use of the App
As a condition of your use of this App, you warrant that (i) all information supplied by you on this App is true, accurate, current and complete, (ii) if you have IVY account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our App. Smartfuture does not knowingly collect the information of anyone under the age of 13.
Your use of this App is intended for personal, non-commercial use and/or to make legitimate requests for Services. You agree not to use this App to make any speculative, false or fraudulent requests for Services.
You further represent and warrant that you (a) have not previously been suspended by Smartfuture or otherwise banned from using the App; (b) are not a direct competitor of Smartfuture; (c) you will not have more than one Smartfuture account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
We retain the right at our sole discretion to deny access to anyone to this App and the services we offer, at any time and for any reason including, but not limited to, for violation of this Agreement.
The content and information on this App (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, Services, or services obtained from or through this App. Any other use of Smartfuture content requires the prior written permission of Smartfuture.
Additionally, you agree that you will not and will not assist or enable others to:
1. use this App or its contents for any commercial or unlawful purpose;
2. access, monitor or copy any content or information of this App using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the App or any content on the App for any purpose without our express written permission;
3. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the App;
4. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Smartfuture in connection with the App;
5. use the App to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
6. use the App in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
7. use the App to promote bigotry or discrimination against protected classes;
8. use the App to violate any third-party right including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
9. attempt to gain unauthorized access to the App, user accounts, computer systems or networks connected to the App through hacking, password mining or any other means; use the App to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
10. use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App;
11. disrupt or interfere with the security of, or otherwise cause harm to, the App; or
12. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the App.
You need to create an account and provide information about yourself in order to use some of the features on the App. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time for any or no reason.
We may terminate or suspend your account or ability to use the App, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the App if you misuse the App. Any such termination or suspension could prevent you from accessing your account, the App, your Content, App Content, or any other related information.
You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the App. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
AS A USER OF THIS APP, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER SMARTFUTURE NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY ACTION MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH SMARTFUTURE AND OTHER USERS.
In no event will this App, our company, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) this App, (b) these Terms and Conditions, (c) any breach of these terms and conditions by you or a third party, (d) use of this App, tools or Services we provide related to the business we operate on this App by you or any third party and/or (e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
When using this App, you will send SOS message (with Location Data, Audio Recording and other information) to your Contacts (‘Guardians’). Smartfuture is not liable if your Guardians do not respond or take any action. Smartfuture also does not vouch that your Guardians will safeguard or protect your Personal Information. You therefore access and use the App at your own risk.
If you are dissatisfied with this App, you do not agree with any part of these Terms and Conditions, or have any other dispute or claim with or against us or another user of this App with respect to these Terms and Conditions or this App, then your sole and exclusive remedy against us is to discontinue using this App.
This App, including all content, software, functions, materials and information made available on or accessed through this App, is provided “as is” basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the content on this App or the materials, information and functions made accessible by the software used on or accessed through this App, for any Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this App or any linked app, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in this App or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that this App or the server that makes it available is free of viruses or other harmful components.
You acknowledge and agree that any transmission to and from this App is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms and Conditions.
You agree to defend and indemnify Smartfuture and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law, rule, regulation or guideline;
3. your violation, infringement or misappropriation of the rights of a third party including without limitation any rights of publicity or privacy;
4. your use of this App;
5. your of any Services obtained through this App; or
6. your negligence or wilful misconduct.
Copyright and Trademark Notices
All product or service names or slogans displayed on this App are registered and/or common law trademarks of Smartfuture Pte Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smartfuture or the applicable trademark holder. In addition, the look and feel of this App including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Smartfuture and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smartfuture. All other trademarks, registered trademarks, product names and company names or logos mentioned in this App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Smartfuture.
Jurisdiction and Governing Law
This App is operated by a Singapore entity and this Agreement is governed by the laws of the Republic of Singapore. You hereby consent to the exclusive jurisdiction and venue of courts in Singapore and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this App. You agree that all claims you may have against Smartfuture Pte Ltd arising from or relating to this App must be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. Use of this App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Smartfuture as a result of this Agreement or use of this App.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this App or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Smartfuture with respect to this App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Smartfuture with respect to this App. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
For answers to your questions or to contact us, please email email@example.com.
Last updated: November 7, 2016