Terms and Conditions of Service for iStrives and Swivelt Pte. Ltd.
These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and iStrives and Swivelt Pte. Ltd. (“IStrives”, “we” or “us”). This Agreement governs your use of any iStrives service or technology, including all websites associated with iStrives (including all domains and sub-domains of www.istrives.com), all application programming interfaces (“API(s)”), and all applications and other tools provided by iStrives and Swivelt Pte. Ltd. (collectively, the “iStrives Application”).
1. Your acceptance of this agreement
All references to “you” or “your” mean the person who in any way accesses or uses the iStrives Application, including each of your assignees, successors, and heirs. BY USING THE ISTRIVES APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU ARE PROHIBITED FROM ACCESSING OR USING THE ISTRIVES APPLICATION.
You acknowledge that you are able to electronically receive, download, and print this Agreement, any other terms and policies incorporated into this Agreement by reference, and any amendments to this Agreement. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number.
2. Modifications To This Agreement
You are responsible for regularly reviewing this Agreement at the URL www.istrives.com/terms , iStrives reserves the right, in its sole discretion, to modify this Agreement, and any other documents and/or polices incorporated by reference in this Agreement, at any time and without prior notice.
iStrives will notify you of changes by posting at the URL above. Any modifications to this Agreement will become effective thirty (30) days after they are posted on the URL above. Your use of the iStrives Application after the expiration of the thirty (30) days shall constitute your consent to such modifications. If you do not agree, you are prohibited from accessing or using the iStrives Application.
3. Other terms and policies
This Agreement includes and hereby incorporates by reference any other terms posted at [www.istrives.com/terms] as may be in effect and modified by iStrives from time to time.
This Agreement includes and hereby incorporates by reference any other terms posted at [www.istrives.com/terms] as may be in effect and modified by iStrives from time to time.
5. Use of the istrives application
License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, and revocable license to use the iStrives Application solely as permitted by the functionality of the iStrives Application, which may vary by User. We reserve all rights not expressly granted in this Agreement. We may terminate this license or your access to the iStrives Application at any time for any reason or no reason.
Eligibility. To use the iStrives Application, you must register for an Account. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. The iStrives Application is not designed for use by or in connection with anyone under the age of 18, and you accept any and all liability that may arise from your use of the iStrives Application relating to anyone under the age of 18.
Any use or access of the iStrives Application by anyone under the age of 18 is strictly prohibited and in violation of this Agreement. If you have previously been removed from the iStrives Application, you are prohibited from creating an Account and doing so is in violation of this Agreement.
Accounts. By registering for an Account, you agree to provide true, accurate, and complete information on all registration and other forms you access on the iStrives Application or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to register for more than one Account without express written permission from iStrives. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
Verification. When you register for an Account and from time to time thereafter, your Account will be subject to verification. You authorize iStrives, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address, subject to applicable law.
Security. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account and your username and password. You authorize iStrives to assume that any person using the iStrives Application with your username and password, either is you or is authorized to act for you.
Furthermore, you are responsible for any and all activities and conduct, whether by you or anyone else that are conducted through your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password.
You further agree not to use any username, or password of another User of the iStrives Application that you are not authorized to use. iStrives is not liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
Rules and Restrictions. iStrives reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the iStrives Application upon discovery that any information you provided on any form or posted on the iStrives Application is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement, or for any other reason or no reason in iStrives’s sole discretion. In connection with your use of the iStrives Application, you acknowledge and agree that you will not:
- Target or harm minors in any way;
- Transmit any information which may invade another’s right of privacy;
- Impersonate any person or entity, including any User;
- Post or transmit any material that contains a virus or corrupted data with the intent to damage or otherwise disrupt another computer;
- Use the iStrives Application in a manner that adversely affects the availability of its resources to other Users. This includes, but is not limited to: use of all caps, flooding continuous postings of repetitive text, harassing other members, or attempting to solicit personally identifying information of another member;
- Post or transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation without written consent of iStrives;
- Post, transmit, or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- Post, transmit, or otherwise make available any material that infringes trademark, trade secret, copyright or other proprietary rights of any party;
- Copy, reproduce, publish or otherwise repost information obtained on the iStrives Application;
- Attempt to disrupt or damage the iStrives Application in any fashion or otherwise intentionally attempt to impair iStrives’s servers or computers;
- Attempt to gain unauthorized access to the iStrives Application, Accounts, computer systems or networks connected to iStrives through hacking, password mining, scripts, “bots”, or any other means;
- Attempt to steal, mimic, etc. the look and feel, features, or intellectual property of iStrives or any User(s);
- Make the iStrives Application or User Data available to, or use the iStrives Application or User Data for the benefit of any other party or disassemble or reverse engineer any or all of the iStrives Application;
- Access the iStrives Application to build a competitive product or service;
- Attempt to obtain any materials or information through any means not intentionally made available through the iStrives Application, including indexing any content of the iStrives Application for commercial or non-commercial purposes;
- Attempt to manipulate identifiers in order to disguise the origin of any post or transmitted material;
- Violate any local, state, national or international laws;
- Post, store, transmit, or otherwise make available any material that is or may be unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Interfere with any other User’s use and quiet enjoyment of the iStrives Application; and/or
- Collect or store User Data or other information about other Users in connection with the prohibited conduct and activities set forth in the paragraphs above.
Further, you represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the iStrives Application is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country or Singapore sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. or Singapore export control laws and regulations or other economic sanction rules of any sovereign nation or Singapore. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the iStrives Application.
6. Content and third party interactions
- Sharing Personal Information with Client. All use or disclosure of User Data including Personal Information will be shared or disclosed only in accordance with applicable law. You authorize us to share your Personal Information your employer as needed to verify your registration on the iStrives Application and to facilitate your use of the iStrives Application. You will be given the opportunity to opt-in to disclosures for sharing and marketing purposes through the iStrives Application. If you elect to participate in the iStrives Application, the iStrives Application requires use or disclosure of Personal Information in order to fulfil your requests on the iStrives Application. The use of the iStrives Application is at your own risk. iStrives does not assume liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the iStrives Application. Moreover, iStrives makes no warranty, guarantee or assurance regarding the security of the information transmitted to iStrives while in the process of transmission.
- Dealings with Other Third Parties. Your participation, correspondence or business dealings with any third party or any other terms, conditions, representations or warranties associated with a third party found on or through the iStrives Application, are solely between you and such third party and you agree that iStrives shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. iStrives is not responsible for any interactions between Users of the iStrives Application. BEFORE CONSIDERING TO MEET ANOTHER USER IN PERSON OR OTHERWISE HAVE INTERACTION, USERS SHOULD CONTEMPLATE ANY BASIC SAFETY CONCERNS.
- The links on the iStrives Application will let you leave the particular portion of the iStrives Application or service you are accessing in order to access a linked site (the “Linked Sites”). iStrives provides these links as a convenience, but does not control or endorse these Linked Sites, nor has iStrives reviewed or approved the content which appears on the Linked Sites. You acknowledge and agree that iStrives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
- Third Party Vendors. iStrives may use vendors, contractors or other third-party service provides to help provide the iStrives Application to you, and we may change our use of such vendors and contractors at our sole discretion and without notice to you.
7. Intellectual property
- iStrives retains all right, title, and interest to the iStrives Application, including without limitation, all software used to provide the iStrives Application and all trademarks, service marks, logos, trade names and any other proprietary designations reproduced through the iStrives Application. This Agreement does not grant User any of iStrives’s or of iStrives’s licensors or iStrives suppliers’ Intellectual Property Rights in the iStrives Application. User agrees to comply with all copyright and other intellectual property notices accessed through the iStrives Application.
- You acknowledge and agree that all feedback, comments, questions and suggestions (“Feedback”) you provide to iStrives are the sole and exclusive property of iStrives. You hereby irrevocably assign to iStrives and agree to irrevocably assign to iStrives all of your right, title, and interest in and to all Feedback, including without limitation all Intellectual Property Rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for the Feedback. iStrives shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to iStrives, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the iStrives Application.
8. Relationship to istrives
- iStrives is not a party to the dealings between Users, including performance of you or any User using the iStrives Application. iStrives does not, in any way, supervise, direct, or control a User or a User’s work. iStrives does not set any User’s work hours, work schedules, or location of work, nor is IStrives involved in determining the amount, timing, or payment of any type of wages, fees, bonuses, benefits or other entitlements whatsoever.
- iStrives does not deduct any amount for withholding, unemployment, Social Security, or other taxes for any User each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to User’s performance, and any User’s acceptance, of any employment or business relationship.
- iStrives is not required to and may not verify any feedback or information including User Data given to us by Users, nor does iStrives perform background checks on Users. iStrives may, at its discretion, provide User Confidential Information including User Data to third party service providers for purposes of identity verification, background checks including credit score and similar checks, immigration status or other similar services that, in iStrives’s reasonable discretion, facilitate the provision of the iStrives Application.
- No Endorsement. You hereby acknowledge and agree that in rendering the iStrives Application, iStrives may provide information about a User or verification of identity or credentials. However, such information is based solely on User Data and other information or data that Users voluntarily submit to iStrives and does not constitute and will not be construed as an introduction, endorsement, or recommendation by iStrives; iStrives provides such information solely for the convenience of Users.
9. Dispute resolution
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
You and iStrives agree that these Terms affect interstate commerce and that the Singapore Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Most disputes can be resolved by contacting iStrives. You can reach iStrives’s support department at info@iStrives.com. We both agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the iStrives support department, and good faith negotiations shall be a condition to either of us initiating any other process or proceeding.
- Class Action and Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE ISTRIVES APPLICATION FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ISTRIVES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Exceptions: Intellectual Property; Small Claims. Notwithstanding your and our decision to resolve all disputes through arbitration, either of us may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court or in Intellectual Property Office of Singapore to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdictio
YOU AGREE NOT TO RELY ON THE ISTRIVES APPLICATION, ANY INFORMATION ON THE ISTRIVES APPLICATION OR THE CONTINUATION OF THE ISTRIVES APPLICATION. ISTRIVES EXPRESSLY DISCLAIMS ALL WARRANTIES AND LIABILITY FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, OR THAT ISTRIVES WILL CORRECT ALL ISTRIVES APPLICATION ERRORS. USER ACKNOWLEDGES THAT ISTRIVES DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE ISTRIVES APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ISTRIVES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR FOR ANY CONTENT OBTAINED BY ISTRIVES FROM PUBLICLY AVAILABLE SOURCES OR THIRD PARTIES AND MADE AVAILABLE THROUGHT THE ISTRIVES APPLICATION.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, ISTRIVES DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ISTRIVES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. ISTRIVES DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CONTENT IS PROVIDED “AS IS” AND THE ISTRIVES APPLICATION IS PROVIDED “AS IS,” AND “AS AVAILABLE,” AND BOTH ARE PROVIDED EXCLUSIVE OF ANY WARRANTIES WHATSOEVER.
In addition to the recognition that iStrives is not a party to any contract between Users, you hereby release iStrives, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of any services provided by any User to any other User. Procedures regarding the handling of certain disputes between Users are discussed in Section 9 (Dispute Resolution).
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF ANY LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that iStrives failed to meet our obligations under this Agreement.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS ISTRIVES, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (EACH AN “INDEMNIFIED PARTY”) FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, LOSSES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES) ARISING FROM OR RELATING TO ANY CLAIM, SUIT, PROCEEDING, DEMAND, OR ACTION BROUGHT BY YOU OR A THIRD PARTY OR OTHER USER AGAINST AN INDEMNIFIED PARTY RELATING TO: (A) USE OF THE ISTRIVES APPLICATION BY YOU OR YOUR AGENTS, INCLUDING ANY PAYMENT OBLIGATIONS INCURRED THROUGH USE OF THE ISTRIVES APPLICATION; (B) FAILURE TO COMPLY WITH THIS AGREEMENT OR ANY OTHER TERMS OR POLICES BY YOU OR YOUR AGENTS; (D) FAILURE TO COMPLY WITH APPLICABLE LAW BY YOU OR YOUR AGENTS; (E) NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY YOU OR YOUR AGENTS; AND (F) DEFAMATION, LIBEL, VIOLATION OF PRIVACY RIGHTS, UNFAIR COMPETITION, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ALLEGATIONS THEREOF TO THE EXTENT CAUSED BY YOU OR YOUR AGENTS.
13. Limitation of liablity
iStrives is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Conditions of Service, including, but not limited to:
- your use of or your inability to use the iStrives Application;
- delays or disruptions in the iStrives Application;
- viruses or other malicious software obtained by accessing, or linking to, the iStrives Application;
- glitches, bugs, errors, or inaccuracies of any kind in the iStrives Application;
- damage to your hardware device from the use of the iStrives Application;
- the content, actions, or inactions of third parties’ use of the iStrives Application;
- a suspension or other action taken with respect to your Account;
- your reliance on the quality, accuracy, or reliability of metrics found on, used on, or made available through the iStrives Application; and
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this Agreement.
ADDITIONALLY, IN NO EVENT WILL ISTRIVES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
- Customer to Serve as Reference. Customer agrees to serve as a customer reference for iStrives up to 1 times during any iStrives fiscal quarter, upon reasonable request.
- Governing Law and Disputes. This Agreement and any dispute that may arise between you and iStrives, will be governed exclusively by the laws of Singapore without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive venue for any action arising based on the use of the iStrives Application or this Agreement shall be the courts located in Singapore.
- Assignment. You may not transfer this Agreement or any rights and licenses granted under this Agreement. This Agreement may be assigned by iStrives without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Survival. After this Agreement terminates, the terms of this Agreement and the other Terms and Conditions of Service that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iStrives’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Entire Agreement. Except as expressly provided in a particular “legal notice” on the iStrives Application, this Agreement constitutes the entire agreement between you and iStrives with respect to the use of the iStrives Application.
For any questions or comments, or to report violations of this Agreement, let us know, or contact us at firstname.lastname@example.org