Liveify Terms of Service

Last Updated, November 16, 2022

General Terms – All Users

Welcome to Liveify (the “Platform”), which is provided by NORTH AMERICAN INNOVATIONS PTE. LTD. or one of its affiliates (“Liveify”, “we” or “us”). Liveify provides more private voice, video services, and other services to users.

These Terms of Service (“Terms”) apply to your access to and use of the websites (https://liveify.app/), mobile applications, and other online products and services (collectively, the “Services”). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the new Terms, you must stop accessing or using the Services.

If you have any questions about these Terms or our Services, please contact us at contact@liveify.app.

CONTENTS

PRIVACY

USER ACCOUNTS AND ACCOUNT SECURITY

COMMUNICATIONS

USER CONTENT

PROHIBITED CONDUCT

OWNERSHIP; LIMITED LICENSE

TRADEMARKS

FEEDBACK

REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

THIRD-PARTY CONTENT

INDEMNIFICATION

DISCLAIMERS

LIMITATION OF LIABILITY

RELEASE

TRANSFER AND PROCESSING DATA

DISPUTE RESOLUTION; BINDING ARBITRATION

LEGAL JURISDICTION

MODIFYING AND TERMINATING OUR SERVICES

FEE

SEVERABILITY

MISCELLANEOUS

1.Privacy

For information about how we collect, use, share, and otherwise process information about you, please see ourPrivacy Policy.

2.User Accounts and Account Security

To use our Services, you must be at least 18 years old (or the age of legal majority in your country of residence). You are not permitted to use our Services if you are younger than 18 (or the age of legal majority where you live).

To access or use some of our Services, you must create an account with us. You must enter true and current information while setting up this account. In order to keep your information current and complete, it is crucial that you maintain and promptly update your details and any other information you provide to us.
Upon launching the App or the Service, you will be prompted to create one by providing a username and in some cases a password. It is important that you keep your account password confidential and that you do not disclose it to any third party. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.

You can deactivate your account by notifying and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may require you to provide valid identifying information that is consistent with the registered identity information associated with your account. We have the right to refuse your request if such information is not provided.

We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice, if we believe activities associated with your account violate these Terms, the Community Guidelines, or otherwise pose a danger to Liveify, the Services, other users, or any third party. Further, if your account has not been used for more than six (6) months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.

If you choose to deactivate your account, or your account is terminated by us, you will not be able to retrieve any content or information associated with your account. As such, we recommend that you separately save copies of any User Content or other information associated with your account that you wish to retain.

3.Communications

You consent to receiving communications from us through email, text message, mobile push notification, or alerts and messages posted on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt-out — we don’t want to send you messages you don’t want.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service and that all agreements, notices, disclosures, and other communications that Liveify provides to you electronically satisfy any legal requirements that such communications be in writing.

You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at contact@liveify.app.

4.User Content

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” All of Your Content is your sole responsibility and Liveify is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.

You may not create, post, store, or share any User Content that violates these Terms, the Community Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

Liveify makes no promises on the veracity, quality, or integrity of any user-posted content. You understand and agree that by using the Service, you may be exposed to information that you find objectionable or offensive. You agree that the Company will never be held responsible for any user material, including any inaccuracies included in user content or any loss or damage resulting from the use of user content. The Company maintains the right to take Your Content from the Service and delete it permanently without giving you any prior notice and for any reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing contact@liveify.app.

5.Prohibited Conduct

You may not violate the Liveify Community Guidelines, any applicable law, contract, intellectual property right, or other third-party rights, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not:
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines, or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

6.Ownership; Limited License

The Services are owned by Liveify or our licensors and are protected by both domestic and international laws. This includes the text, graphics, images, photographs, videos, illustrations, software, functionality, and other content that is contained therein. All rights in and to the Services are reserved by us or our licensors, unless otherwise specified in these Terms. You are thus granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use our Services for your own personal, noncommercial use, subject to your compliance with these Terms. Without our prior written consent, any use of the Services other than what is expressly permitted above is absolutely forbidden, will terminate the license granted hereunder, and will violate our intellectual property rights.

7.Trademarks

Liveify and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Liveify and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All third-party trademarks, registered trademarks, product names, company names, or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8.Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Liveify or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Liveify’s sole discretion. You understand that Liveify may treat Feedback as nonconfidential.

9.Repeat Infringer Policy; Copyright Complaints

You can report any infringement act on Liveify. If you believe we process it by mistake, we will provide you with an opportunity to appeal via email contact@liveify.app. We will always try our best to help resolve any issues that you may encounter with our service.

Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for certain costs and damages.

10.Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Liveify does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

11.Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Liveify, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Liveify Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms or the Community Guidelines; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Liveify Parties of any third-party Claims, cooperate with Liveify Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Liveify Parties will have control of the defense or settlement, at Liveify's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Liveify or the other Liveify Parties.

12.Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Liveify does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Liveify attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

13.Limitation of Liability

To the fullest extent permitted by applicable law, Liveify and the other Liveify Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if Liveify or the other Liveify Parties have been advised of the possibility of such damages. Without limiting the foregoing, and to the fullest extent permitted by applicable law, Liveify will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, mobile device, equipment, computer programs, data, or other proprietary material due to your use of Liveify or the Services, or items obtained through Liveify or the Services, or due to your downloading of any material posted on Liveify or any website or application linked to it.

The total liability of Liveify and the other Liveify Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Liveify or the other Liveify Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14.Release

To the fullest extent permitted by applicable law, you release Liveify and the other Liveify Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

15.Transfer and Processing Data

Liveify is a global social app operating through servers located in a number of countries around the world, including the United States. In order for us to provide our Services, you agree that we may process, transfer, and store information about you on Amazon Web Services in the United States and other country/area, where you may not have the same rights and protections as you do under local law.

16.Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Liveify and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Liveify agree that any dispute arising out of or related to these Terms or our Services is personal to you and Liveify and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Liveify seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Liveify seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Liveify waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Liveify or relating in any way to the Services, you agree to first contact Liveify and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Liveify by email at contact@liveify.app. The Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above.

The arbitrator, Liveify, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Liveify agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by Liveify, Liveify will pay all costs. You and Liveify agree that the Singapore International Arbitration Centre(“SIAC”)has exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Liveify will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by emailing contact@liveify.app. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

17.Legal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to the choice of law principles. Any dispute, controversy, claim, or difference of any kind whatsoever shall be arising out of or relating to these Terms of Service against or relating to Liveify or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The language of the arbitration shall be English.

18.Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

19.Fee

There are no fees for the use of many aspects of the Services. However, some services, including Virtual Goods and Virtual Gifts for Living Room Hosts, may be available for purchase (“Paid Services”).

The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, or transferable, except at the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in the termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control, and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of s2uch rights. You shall have limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased, or otherwise obtained in a manner authorized by the Company. You have no other right, title, or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

To the extent a subscription, product, or feature on the Service is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instruments that we may accept (“Payment Instrument”) to our Payment Processor (as defined below). We may require you to use Payment Instruments issued by a US financial institution and make all payments in US dollars, and we or the payment processor may change the type of payment instruments we accept from time to time.

Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.

You represent and warrant that the information you provide about your Payment Instrument is complete and true and that you are authorized to use the Payment Instrument for each transaction that you request. By providing us or our Payment Processor with your Payment Instrument information, and authorizing a transaction through the Service, you authorize Liveify or our Payment Processor to charge your Payment Instrument for the full amount of the transaction (including any service fees), and to debit or credit your Payment Instrument as necessary to correct any errors.

If any of the information you provide us or our Payment Processor about your Payment Instrument becomes inaccurate, or your Payment Instrument expires, you will promptly update your account information with any changes to your Payment Instrument information (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the payment plan you select in accordance with the terms of such plan and this Terms of Service.

Liveify may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

You must follow and comply with the rules of the platform you participate in. Failure to do so may result in a temporary or permanent ban from Liveify or the removal of certain Virtual Goods. In such instances, you might lose the benefits of Virtual Goods or other services. There are no refunds.

20.Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21.Miscellaneous

The failure of Liveify to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.