Thank you for using Ivychat!
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Ivychat Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (”Terms”) constitute a legally binding agreement (”Agreement”) between you and Ivychat (as defined below) governing your access to and use of the Ivychat website, including any subdomains thereof, and any other websites through which Ivychat makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Ivychat Services”). The Site, Application and Ivychat Services together are hereinafter collectively referred to as the “Ivychat Platform”. Our Advisor Guarantee Terms, Advisee Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Ivychat Platform are incorporated by reference into this Agreement.
When these Terms mention “Ivychat,” “we,” “us,” or “our”, it refers to Ivychat, Inc. 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, 19702 UK.
Any and all payment processing services through or in connection with your use of the Ivychat Platform (”Payment Services”) are provided to you by one or more Ivychat Payments entities (individually and collectively, as appropriate, “Ivychat Payments”) as set out in the Payments Terms of Service (”Payments Terms”).
Advisors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Advisory Services. If you have questions about how local laws apply to your Advisory Services on Ivychat, you should always seek legal guidance.
For College Students
- Scope of Ivychat Services
- Eligibility, Using the Ivychat Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Advisors
- Terms specific for Advisors
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of Ivychat Services
1.1 The Ivychat Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Advisors” and the services they offer are “Advisory Services”) to publish such Advisory Services on the Ivychat Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Advisory Services (Members using Advisory Services are “Advisees”). Advisory Services may include college and career counseling related services.
1.2 As the provider of the Ivychat Platform, Ivychat does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Advisory Services. Advisors alone are responsible for their Listings and Advisory Services. When Members make or accept a booking, they are entering into a contract directly with each other. Ivychat is not and does not become a party to or other participant in any contractual relationship between Members, nor is Ivychat a broker or insurer. Ivychat is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Ivychat has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Advisor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Ivychat does not endorse any Member, Listing or Advisory Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Ivychat about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to speak with Advisors or us other Advisory Services, accept a booking request from a Advisee, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Ivychat Platform as an Advisor, your relationship with Ivychat is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Ivychat for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Ivychat. Ivychat does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Advisory Services. You acknowledge and agree that you have complete discretion whether to list Advisory Services or otherwise engage in other business or employment activities.
1.5 To promote the Ivychat Platform and to increase the exposure of Listings to potential Advisees, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Ivychat cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Ivychat Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Ivychat Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Ivychat is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Ivychat of such Third-Party Services.
1.7 Due to the nature of the Internet, Ivychat cannot guarantee the continuous and uninterrupted availability and accessibility of the Ivychat Platform. Ivychat may restrict the availability of the Ivychat Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Ivychat Platform. Ivychat may improve, enhance and modify the Ivychat Platform and introduce new Ivychat Services from time to time.
2. Eligibility, Using the Ivychat Platform, Member Verification
2.1 You must be at least 13 years old and through the authorization of a parent or guardian be able to enter into legally binding contracts to access and use the Ivychat Platform or register an Ivychat Account. By accessing or using the Ivychat Platform you represent and warrant that you are 13 or older and have the legal capacity and authority through a parent or guardian to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Advisory Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Ivychat may make access to and use of the Ivychat Platform, or certain areas or features of the Ivychat Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Ivychat Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Ivychat Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
3. Modification of these Terms
Ivychat reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Ivychat Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Ivychat Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Ivychat Account") to access and use certain features of the Ivychat Platform, such as publishing or booking a Listing. If you are registering an Ivychat Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Ivychat Account using an email address and creating a password, or potentially with certain third-party social networking services, such as Facebook or Google ("SNS Account"). At such time you will have the ability to disable the connection between your Ivychat Account and your SNS Account at any time, by accessing the "Profile" section of the Ivychat Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Ivychat Account and public Ivychat Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Ivychat Account unless Ivychat authorizes you to do so. You may not assign or otherwise transfer your Ivychat Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Ivychat Account credentials and may not disclose your credentials to any third party. You must immediately notify Ivychat if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Ivychat Account. You are liable for any and all activities conducted through your Ivychat Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Ivychat may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Ivychat Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Ivychat to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Ivychat may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Ivychat Platform ("Member Content"); and (ii) access and view Member Content and any content that Ivychat itself makes available on or through the Ivychat Platform, including proprietary Ivychat content and any content licensed or authorized for use by or through Ivychat from a third party ( "Ivychat Content" and together with Member Content, "Collective Content").
5.2 The Ivychat Platform, Ivychat Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Ivychat Platform and Ivychat Content, including all associated intellectual property rights, are the exclusive property of Ivychat and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Ivychat Platform, Ivychat Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Ivychat used on or in connection with the Ivychat Platform and Ivychat Content are trademarks or registered trademarks of Ivychat in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Ivychat Platform, Ivychat Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Ivychat Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ivychat or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Ivychat grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Ivychat Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Ivychat Platform, you grant to Ivychat a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Ivychat Platform, in any media or platform. Unless you provide specific consent, Ivychat does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are responsible for ensuring that your Advisory Service is accurately represented in the Listing and you will stop using the Listing on or through the Ivychat Platform if they no longer accurately represent your Advisory Services, or if your Ivychat Account is terminated or suspended for any reason. You acknowledge and agree that Ivychat shall have the right to use any Member Content for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. You grant to Ivychat an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use Member Content for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Ivychat in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use content and images from Listings outside of the Ivychat Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Ivychat Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Ivychat Platform or you have all rights, licenses, consents and releases that are necessary to grant to Ivychat the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Ivychat's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Ivychat’s Content Policy or any other Ivychat policy. Ivychat may, without prior notice, remove or disable access to any Member Content that Ivychat finds to be in violation of these Terms or Ivychat’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Ivychat, its Members, third parties, or property.
5.9 Ivychat respects copyright law and expects its Members to do the same. If you believe that any content on the Ivychat Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Ivychat may charge fees to Advisors ("Advisor Fees") and/or Advisees ("Advisee Fees") (collectively, "Service Fees") in consideration for the use of the Ivychat Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Advisor or Advisee prior to publishing or booking a Listing. Ivychat reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Ivychat. The applicable Service Fees (including any applicable Taxes) are collected by Ivychat Payments. Ivychat Payments will deduct any Advisor Fees from the Listing Fee before remitting the payout to the Advisor. Any Advisee Fees are included in the Total Fees collected by Ivychat Payments. Except as otherwise provided on the Ivychat Platform, Service Fees are non-refundable.
7. Terms specific for Advisors
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Ivychat Platform you must (i) provide complete and accurate information about your Advisory Service (such as listing description, time zone, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Ivychat. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 Ivychat is solely responsible for setting a price (including any Taxes if applicable, or charges such as administration fees) for your Listing (“Listing Fee”). Once an Advisee requests a booking of your Listing, you may not request that the Advisee pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Ivychat may enable certain Advisors to participate in its “Open Chats Program.” The Open Chats Program enables Advisors to provide Listings to certain Advisees, such as low-income or scholarship students, for free. You acknowledge that if you choose to participate in the Open Chats Program, your ability to restrict your Listing to certain Advisees, such as Advisees with previous positive Reviews, may be limited.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality of your Advisory Services. Ivychat reserves the right to require that Listings have a minimum/maximum number of words, or Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Ivychat Platform may vary and depend on a variety of factors, such as Advisee search parameters and preferences, Advisor requirements, price and calendar availability, content of Listing, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Advisory Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by an Advisee, you are entering into a legally binding agreement with the Advisee and are required to provide your Advisory Service(s) to the Advisee as described in your Listing when the booking request is made. You also agree to pay the applicable Advisor Fee and any applicable Taxes.
8. Terms specific for Advisees
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Ivychat, you can book a Listing available on the Ivychat Platform by following the respective booking process. All applicable fees, including the Listing Fee, Advisee Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Ivychat Account.
8.1.2 Upon receipt of a booking confirmation from Ivychat, a legally binding agreement is formed between you and your Advisor. Ivychat Payments will collect the Total Fees at the time of the booking request or upon the Advisor’s confirmation pursuant to the Payments Terms. For certain bookings, Advisees may be required to pay or have the option to pay in multiple installments.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Advisors and Advisees are responsible for any modifications to a booking that they make via the Ivychat Platform or direct Ivychat customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Advisor Fees or Advisee Fees and/or Taxes associated with such Booking Modifications.
9.2 Advisees can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Ivychat Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Advisor under the applicable cancellation policy will be remitted to the Advisor by Ivychat Payments pursuant to the Payments Terms.
9.3 If a Advisor cancels a confirmed booking, the Advisee will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Ivychat may allow the Advisee to apply the refund to a new booking, in which case Ivychat Payments will credit the amount against the Advisee’s subsequent booking at the Advisee’s direction. Further, Ivychat may publish an automated review on the Listing cancelled by the Advisor indicating that a booking was cancelled. In addition, Ivychat may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Advisor has a valid reason for cancelling the booking pursuant to Ivychat’s Extenuating Circumstances Policy or has legitimate concerns about the Advisee’s behavior.
9.4 In certain circumstances, Ivychat may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Ivychat's Extenuating Circumstances Policy or (i) where Ivychat believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Ivychat, other Members, third parties, or (ii) for any of the reasons set out in these Terms.
9.5 If, as an Advisor, your Advisee cancels a confirmed booking or Ivychat decides that it is necessary to cancel a confirmed booking, and Ivychat issues a refund to the Advisee in accordance with the Advisee Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Ivychat Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.6 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds or additional Advisor Services. You agree to pay all amounts sent through the Resolution Center in connection with your Ivychat Account, and Ivychat Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Advisees and Advisors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Ivychat. Ratings and Reviews are not verified by Ivychat for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Advisees and Advisors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Ivychat’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Ivychat Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Disputes between Members
11.1 Members agree to cooperate with and assist Ivychat in good faith, and to provide Ivychat with such information and take such actions as may be reasonably requested by Ivychat, in connection with any Dispute Claims or other complaints or claims made by Members relating to Advisory Services. A Member shall, upon Ivychat's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Ivychat or a third party selected by Ivychat.
12. Rounding off
Ivychat generally supports payment amounts that are payable from or to Advisees or Advisors to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Ivychat’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Ivychat may, in its sole discretion, round up or round down amounts that are payable from or to Advisees or Advisors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Ivychat may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As an Advisor you are solely responsible for determining your obligations to report and remit any applicable income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Advisors, or to withhold Taxes from payouts to Advisors, or both. If an Advisor fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing is located may require Taxes to be collected from Advisees or Advisees on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Ivychat.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Ivychat Platform. In connection with your use of the Ivychat Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- Use the Ivychat Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ivychat endorsement, partnership or otherwise misleads others as to your affiliation with Ivychat;
- Use the Ivychat Platform in connection with the distribution of unsolicited commercial messages ("spam");
- Unless Ivychat explicitly permits otherwise, book any Listing if you will not actually be using the Advisory Services yourself;
- Contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Ivychat Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Ivychat Platform to request, make or accept a booking independent of the Ivychat Platform, to circumvent any Service Fees or for any other reason;
- Request, accept or make any payment for Listing Fees outside of the Ivychat Platform or Ivychat Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ivychat harmless from any liability for such payment;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- Misuse or abuse any Listings or services associated with the Ivychat Open Chats program as determined by Ivychat in its sole discretion.
- Use, display, mirror or frame the Ivychat Platform or Collective Content, or any individual element within the Ivychat Platform, Ivychat's name, any Ivychat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Ivychat Platform, without Ivychat's express written consent;
- Dilute, tarnish or otherwise harm the Ivychat brand in any way, including through unauthorized use of Collective Content, registering and/or using Ivychat or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ivychat domains, trademarks, taglines, promotional campaigns or Collective Content;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Ivychat Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Ivychat or any of Ivychat's providers or any other third party to protect the Ivychat Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Ivychat Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Ivychat Platform;
- Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Ivychat has no obligation to monitor the access to or use of the Ivychat Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Ivychat Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Ivychat in good faith, and to provide Ivychat with such information and take such actions as may be reasonably requested by Ivychat with respect to any investigation undertaken by Ivychat or a representative of Ivychat regarding the use or abuse of the Ivychat Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Ivychat by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Ivychat terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Ivychat Account as an Advisor, any confirmed booking(s) will be automatically cancelled and your Advisees will receive a full refund. If you cancel your Ivychat Account as an Advisee, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Ivychat may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Ivychat may immediately, without notice, terminate this Agreement and/or stop providing access to the Ivychat Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Ivychat believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ivychat, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Ivychat may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Ivychat Account registration, Listing process or thereafter, (iv) you and/or your Listings or Advisory Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Ivychat otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Ivychat believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ivychat, its Members, or third parties, or to prevent fraud or other illegal activity:
- Refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- Cancel any pending or confirmed bookings;
- Limit your access to or use of the Ivychat Platform;
- Temporarily or permanently revoke any special status associated with your Ivychat Account;
- Temporarily or in case of severe or repeated offenses permanently suspend your Ivychat Account and stop providing access to the Ivychat Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Ivychat and an opportunity to resolve the issue to Ivychat's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Advisees in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Ivychat Account or any of your Member Content. If your access to or use of the Ivychat Platform has been limited or your Ivychat Account has been suspended or this Agreement has been terminated by us, you may not register a new Ivychat Account or access and use the Ivychat Platform through an Ivychat Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Ivychat Platform or Collective Content, you do so voluntarily and at your sole risk. The Ivychat Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Ivychat Services, laws, rules, or regulations that may be applicable to your Listings and/or Advisory Services you are receiving and that you are not relying upon any statement of law or fact made by Ivychat relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Advisory Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Advisory Services may carry risk of opinions expressed by Advisors rather than facts, and you freely and willfully assume those risks by choosing to participate in those Advisory Services. You assume full responsibility for the choices you make before, during and after your participation in an Advisory Service. You agree to release and hold harmless Ivychat from all liabilities and claims that arise in any way from any harm that occurs to a minor during the Advisory Service or in any way related to your Advisory Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Ivychat Platform and Collective Content, your publishing or booking of any Listing via the Ivychat Platform, your use of any Advisory Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Ivychat nor any other party involved in creating, producing, or delivering the Ivychat Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Ivychat Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Ivychat Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Advisory Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ivychat has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Advisors pursuant to these Terms or an approved payment request under the Ivychat Advisor Guarantee, in no event will Ivychat’s aggregate liability arising out of or in connection with these Terms and your use of the Ivychat Platform including, but not limited to, from your publishing or booking of any Listings via the Ivychat Platform, or from the use of or inability to use the Ivychat Platform or Collective Content and in connection with any Advisory Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Ivychat Platform as a Advisee in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Advisor, the amounts paid by Ivychat to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ivychat and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Ivychat’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, Ivychat is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Ivychat is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Ivychat in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Ivychat is excluded.
You agree to release, defend (at Ivychat’s option), indemnify, and hold Ivychat and its affiliates and subsidiaries, including but not limited to, Ivychat Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Ivychat Platform or any Ivychat Services, (iii) your interaction with any Member, participation in an Advisory Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Ivychat in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Ivychat is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Ivychat’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Ivychat each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Ivychat’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Ivychat mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Ivychat Platform, the Advisory Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Ivychat agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Ivychat each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available atwww.adr.orgor by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Ivychat agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in New Castle County (Delaware); (c) in any other location to which you and Ivychat both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Ivychat agree that Ivychat will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Ivychat agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Ivychat acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Ivychat acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Ivychat both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Ivychat changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ivychat’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ivychat in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Ivychat Platform or terminate your Ivychat Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Ivychat Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Ivychat Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in New Castle, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New Castle, Delaware.
21.2 If your Country of Residence is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Ivychat may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If your Country of Residence is outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Ivychat wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Ivychat and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Ivychat and you in relation to the access to and use of the Ivychat Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Ivychat as a result of this Agreement or your use of the Ivychat Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Ivychat’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Ivychat's prior written consent. Ivychat may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Ivychat via email, Ivychat Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Ivychat transmits the notice.
22.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Ivychat Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 If you have any questions about these Terms please email us.
Data coming Soon
Thank you for using Ivychat!
- If your Country of Residence is the United States, the Data Controller is Ivychat, Inc.
- If your Country of Residence is China, the Data Controller is Ivychat Internet (Beijing) Co., Ltd. (“Ivychat China”), except where you book a Advisory Service located outside of China or create a Listing located outside of China, in which case the Data Controller is Ivychat Ireland for that transaction.
- If your Country of Residence is the United States, the Payments Data Controller is Ivychat Payments, Inc. (a subsidiary of Ivychat, Inc.).
- If your Country of Residence is China the Payments Data Controller is Ivychat China, except where you book a Advisory Service located outside of China or create a Listing located outside of China, or book a Advisory Service in China with an Advisor who is not a resident of China, in which case the Payments Data Controller is Ivychat Payments UK.
- If your Country of Residence is India, the Payments Data Controller is Ivychat Payments India Pvt. Ltd., except where you book a Advisory Service outside of India or accept a booking from a Guest outside of India, in which case the Payments Data Controller is Ivychat Payments UK Ltd.
- If your Country of Residence is outside of the United States, China, and India, the Payments Data Controller is Ivychat Payments UK Ltd.
If you change your Country of Residence, the Data Controller and/or Payments Data Controller will be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes. To this end the Data Controller and/or Payment Data Controller that originally collected your personal information will need to transfer such personal information to the new applicable Data Controller and/or Payments Data Controller due to the fact that such transfer is necessary for the performance of the contractual relationship with you.
Please see Section 10 for contact details of the Data Controllers and Payment Data Controllers listed above.
1. Information we Collect
There are three general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the Ivychat Platform.
We ask for and collect the following personal information about you when you use the Ivychat Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
- Account Information: When you sign up for an Ivychat Account, we require certain information such as your first name, last name, email address, and date of birth.
- Profile and Listing Information: To use certain features of the Ivychat Platform (such as booking or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
- Identity Verification Information: To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information. To learn more, see our Help Center article about providing identification on Ivychat.
- Payment Information: To use certain features of the Ivychat Platform (such as booking or creating a Listing), we may require you to provide certain financial information (like debit card, credit card or bank account information) in order to facilitate the processing of payments (via Ivychat Payments).
- Communications with Ivychat and other Members: When you communicate with Ivychat or use the Ivychat Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Ivychat Platform. This additional information will be processed based on your consent.
- Additional Profile Information: You may choose to provide additional information as part of your Ivychat profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.
- Address Book Contact Information: You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Ivychat Platform, like inviting them to use Ivychat.
- Other Information: You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Ivychat Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Ivychat Platform.
1.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
- Payment Information: When you use the Payment Services, the Payments Data Controller requires certain financial information (like debit card, credit card or bank account information) in order to process payments and comply with applicable law.
- Identity Verification and Other Information: . If you are an Advisor, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
1.2 Information We Automatically Collect from Your Use of the Ivychat Platform and Payment Services.
When you use the Ivychat Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Ivychat Platform and Payment Services.
- Geo-location Information: When you use certain features of the Ivychat Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Ivychat may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
- Usage Information: We collect information about your interactions with the Ivychat Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Ivychat Platform.
- Call Information: We collect, record and store calls in an encrypted database using standard HTTP and Digest Authentication, with calls stored on third party hosted servers. We may store transcripts of calls and share these or call recordings with Advisees or Advisors, or relevant local or government authorities if required.
- Log Data and Device Information: We automatically collect log data and device information when you access and use the Ivychat Platform, even if you have not created an Ivychat Account or logged in. That information includes, among other things: details about how you’ve used the Ivychat Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Ivychat Platform.
- Payment Transaction Information: Ivychat Payments collects information related to your payment transactions through the Ivychat Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Ivychat Payments and to allow the provision of the Payment Services.
1.3 Information We Collect from Third Parties.
Ivychat and Ivychat Payments may collect information, including personal information, that others provide about you when they use the Ivychat Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Ivychat Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Third Party Services: If you link, connect, or login to your Ivychat Account with a third party service (e.g. Google, Facebook, WeChat), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Background Information: For Members in the United States, to the extent permitted by applicable laws, Ivychat and Ivychat Payments may obtain reports from public records of criminal convictions or sex offender registrations. For Members outside of the United States, to the extent permitted by applicable laws and with your consent where required, Ivychat and Ivychat Payments may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
- Other Sources: To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Ivychat Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2. How we use Information we Collect
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Ivychat Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the Ivychat Platform.
- Enable you to access and use the Ivychat Platform.
- Enable you to communicate with other Members.