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.

Our collection and use of personal information in connection with your access to and use of the Ivychat Platform is described in our Privacy Policy.

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

  1. Scope of Ivychat Services
  2. Eligibility, Using the Ivychat Platform, Member Verification
  3. Modification of these Terms
  4. Account Registration
  5. Content
  6. Service Fees
  7. Terms specific for Advisors
  8. Terms specific for Advisors
  9. Booking Modifications, Cancellations and Refunds, Resolution Center
  10. Ratings and Reviews
  11. Disputes between Members
  12. Rounding off, Currency conversion
  13. Taxes
  14. Prohibited Activities
  15. Term and Termination, Suspension and other Measures
  16. Disclaimers
  17. Liability
  18. Indemnification
  19. Dispute Resolution
  20. Feedback
  21. Applicable Law and Jurisdiction
  22. 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. Content

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. Taxes

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;
  • Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Ivychat Platform in any way that is inconsistent with Ivychat’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • 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.

16. Disclaimers

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. Liability

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.

18. Indemnification

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.

20. Feedback

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.

Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.


These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Ivychat Payments governing the Payment Services (defined below) conducted through or in connection with the Ivychat Platform.

When these Payments Terms mention “Ivychat Payments,” “we,” “us,” or “our,” it refers to the Ivychat Payments company you are contracting with for Payment Services, which may be Ivychat Payments, Inc. (“Ivychat Payments US”), Ivychat Payments UK Ltd. (“Ivychat Payments UK”), Ivychat Internet (Beijing) Co., Ltd. (“Ivychat China”), Ivychat Payments India Pvt. Ltd. (“Ivychat Payments India”). Your contracting entity will generally be determined for each payment or payout based on your Country of Residence.

  • If your Country of Residence is the United States, you are contracting with Ivychat Payments US, a subsidiary of Ivychat, Inc.
  • If your Country of Residence is outside of the United States, the People’s Republic of China (which for purposes of these Payment Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), India, you are contracting with Ivychat Payments UK.
  • If your Country of Residence is China, you are contracting with Ivychat China except where you book an Advisory Service or when you create a Listing located outside of China or you book a Listing in China with an Advisor who is not a resident of China, in which case you are contracting with Ivychat Payments UK for that transaction.
  • If your Country of Residence is India, you are contracting with Ivychat Payments India, except where you book an Advisory Service located outside of India or accept a booking from a Guest outside of India, in which case you are contracting with Ivychat Payments UK.

If you change your Country of Residence, the Ivychat company you contract with will generally be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes. Please note, however, that the Ivychat company with which you contract will stay the same for all bookings made prior to your Change of Residence.

The Ivychat Terms of Service  (“Ivychat Terms”) separately govern your use of the Ivychat Platform. All capitalized terms have the meaning set forth in the Ivychat Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with Ivychat Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Ivychat’s Privacy Policy.

Table of Contents

  1. Scope and Use of the Payment Services
  2. Key Definitions
  3. Modification of these Payments Terms
  4. Eligibility, Member Verification
  5. Account Registration
  6. Payment Methods and Payout Methods
  7. Financial Terms for Advisors
  8. Financial Terms for Advisees
  9. Appointment of Ivychat Payments as Limited Payment Collection Agent
  10. General Financial Terms
  11. Currency Conversion
  12. Abandoned Property
  13. Prohibited Activities
  14. Intellectual Property Ownership, Rights Notices
  15. Feedback
  16. Disclaimers
  17. Liability
  18. Indemnification
  19. Termination, Suspension, and other Measures
  20. Applicable Law and Jurisdiction
  21. Dispute Resolution and Arbitration Agreement
  22. General Provisions
  23. Additional Clauses for Users Contracting with Ivychat Payments UK
  24. Contacting Ivychat Payments

1. Scope and Use of the Payment Services

1.1 Ivychat Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Ivychat Platform (“Payment Services”). Please note that “Payment Services” include Ivychat Payments services associated with free Listings provided through Ivychat’s Open Chats Program.

1.2 Ivychat Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Ivychat Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Ivychat Payments 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 Payments of such Third-Party Services.

1.4 Specifically, Payment Services for Advisees and Advisors on Ivychat are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Advisee or Advisor on Ivychat, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Ivychat enabling payment processing services through Stripe, you agree to provide Ivychat accurate and complete information, and you authorize Ivychat to share it and transaction information related to your use of the payment processing services provided by Stripe.

1.5 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your Country of Residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Advisory Services 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. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

1.6 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

1.7 U.S. Government regulation requires anyone age 18 or under to have a parent or guardian co-sign their credit card or debit card application. Advisees may pay for Advisory Services using their own credit card or debit card (or bank account), or a credit card or debit card (or bank account) in a parent’s or guardian’s name with the explicit verbal consent of the parent or guardian. Ivychat Payments assumes no liability for the implicit authorization required for the use of credit cards or debit cards (or bank accounts). Relevant government regulations will prevail based on the Country of Residence of the Advisee or Advisor.

2. Key Definitions

“Country of Residence” means the jurisdiction associated with your Ivychat Account as determined by Ivychat’s assessment of your residence using various data attributes associated with your Ivychat Account.

“Payout” means a payment initiated by Ivychat Payments to a Member for services (such as Advisory Services) performed in connection with the Ivychat Platform.

“Payment Method” means a financial instrument that you have added to your Ivychat Account, such as a credit card, debit card, or bank account.

“Payout Method” means a financial instrument that you have added to your Ivychat Account, such as a direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

Ivychat Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Ivychat Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with Ivychat Payments UK will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

4.1 You must be at least 13 years old and have the authorization of a parent or guardian to be able to use the Payment Services, or be at least 18 year old and able to enter directly into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you meet one of these criteria.

4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

4.3 Ivychat Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Ivychat Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Ivychat Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1 In order to use the Payment Services, you must have an Ivychat Account in good standing. If you or Ivychat closes your Ivychat Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your Ivychat Account in accordance with the Ivychat Terms. You acknowledge and agree that anyone you authorize to use your Ivychat Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your Ivychat Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Ivychat Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

  • your residential address, name on the account, account type, routing number, account number, email address, payout currency, and account information associated with a particular payment processor.

6.2 When you add or use a new Payment Method, Ivychat Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Ivychat Account so it can be used for a future transaction.

6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Ivychat Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4 You authorize Ivychat Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Ivychat Account.

6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Ivychat Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

7. Financial Terms for Advisors

7.1 Generally

Generally speaking, Ivychat Payments will collect the Total Fees from an Advisee at the time the Advisee’s booking request is accepted by the Advisor, or at any other time mutually agreed between the Advisee and Ivychat Payments.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Ivychat Account. Ivychat Payments will generally initiate Payouts to your selected Payout Method for Advisory Services within 24 hours of the Advisee’s scheduled call start time. In certain jurisdictions or instances, Ivychat Payments may offer you a different time or trigger for payment. For example, in certain cases, eligible Advisors may be able to receive a Payout for a booking prior to the Advisee’s scheduled call start time. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2 The time it takes to receive Payouts once released by Ivychat Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Ivychat Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3 Your Payout for a booking will be the Advisory Services Fee less applicable Advisor Fees and Administration Fees.

7.2.4 In the event of an Advisee’s cancellation of a confirmed booking, Ivychat Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5 Ivychat Payments will remit your Payouts in your currency of choice, depending upon your selections via the Ivychat Platform and as further set out in Section 11. Amounts may be rounded up or down as described in the Ivychat Terms.

7.2.6 For compliance or operational reasons, Ivychat Payments may limit the value of each individual Payout. If you are due an amount above that limit, Ivychat Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Guests

8.1 You authorize Ivychat Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Ivychat Account. Ivychat Payments will collect the Total Fees in the manner agreed between you and Ivychat Payments via the Ivychat Platform. Ivychat Payments will generally collect the Total Fees after the Advisor accepts your booking request. However, if you pay with a push Payment Method (such as Boletos or Sofort), Ivychat Payments will collect the Total Fees at the time of your booking request or after the Advisor accepts your booking request. Ivychat Payments may offer alternative options for the timing and manner of payment. For example, in some cases, Advisees may be required to pay or have the option to pay for Advisory Services in multiple installments. Any additional fees for using offered payment options will be displayed via the Ivychat Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Ivychat Payments is unable to collect the Total Fees as scheduled, Ivychat Payments will collect the Total Fees at a later point.

8.2 When you request to book an Advisory Service, Ivychat Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Advisor or you cancel the booking request before it is accepted by the Advisor, any amounts collected by Ivychat Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize Ivychat Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Ivychat Account. You hereby authorize Ivychat Payments to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Ivychat Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Ivychat Platform (such as gift cards).

9. Appointment of Ivychat Payments as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the Ivychat Platform (such as Advisory Services or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Ivychat Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through Ivychat Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Ivychat Payments may refund the Purchasing Member in accordance with the Ivychat Terms. Each Providing Member understands that Ivychat Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Ivychat Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Ivychat Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Ivychat Payments assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Ivychat Payments is not a party to the agreement between you and the Providing Member, Ivychat Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Ivychat Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Ivychat Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Ivychat Payments’ agreement with the Purchasing Member. In the event that Ivychat Payments does not remit any such amounts, the Providing Member will have recourse only against Ivychat Payments and not the Purchasing Member directly.

10. General Financial Terms

10.1 Fees

Ivychat Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Ivychat Platform.

10.2 Payment Authorizations
You authorize Ivychat Payments to collect from you amounts due pursuant to these Payment Terms or the Ivychat Terms. Specifically, you authorize Ivychat Payments to collect from you:
  • Any amount due to Ivychat (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as an Advisee, Advisor or user of the Ivychat Platform), including reimbursement for costs prepaid by Ivychat on your behalf, by charging any Payment Method on file in your Ivychat Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Ivychat Payments will setoff the amount owed by you to Ivychat and extinguish your obligation to Ivychat.
  • Any amount due to a Providing Member from a Purchasing Member which Ivychat collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
  • Taxes, where applicable and as set out in the Ivychat Terms.
  • Any amount paid through the Resolution Center in connection with your Ivychat Account. Ivychat Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Ivychat Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
  • Any Service Fees or cancellation fees imposed pursuant to the Ivychat Terms (e.g., if, as an Advisor, you cancel a confirmed booking). Ivychat Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees improperly paid to you as an Advisor. 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 Ivychat Terms, 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.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3 Refunds

10.3.1 Any refunds or credits due to a Member pursuant to the Ivychat Terms will be initiated and remitted by Ivychat Payments.

10.3.2 All refunds may be subject to the Ivychat Terms, Extenuating Circumstances Policy, and Advisee Refund Policy. If an Advisee or Ivychat decides for any reason to cancel a confirmed booking pursuant to the Ivychat Terms, Advisee Refund Policy, or Extenuating Circumstances Policy, you agree that Ivychat Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.

10.4 Recurring Payments

10.4.1 For certain bookings (such as for Member Subscription Plans), Ivychat Payments may require an Advisee to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Ivychat Platform if applicable to a booking.

10.4.2 If Recurring Payments apply to a confirmed booking, then the Advisee authorizes Ivychat Payments to collect the Total Fees, and the Advisor agrees that Ivychat Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the Ivychat Platform.

10.4.3 Guests may stop payment of a Recurring Payment by cancelling via the Ivychat Platform at least 48 hours before the scheduled date of the payment. If you have any questions regarding your Recurring Payments, please contact Ivychat Payments pursuant to Section 24.

10.5 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Ivychat Payments or a third party such as your financial institution.

10.6 Collections

If Ivychat Payments is unable to collect any amounts you owe under these Payments Terms, Ivychat Payments may engage in collection efforts to recover such amounts from you. Ivychat Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Ivychat Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from an Advisor’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Advisor’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail, as provided to Ivychat and/or Ivychat Payments by you. Such communication may be made by Ivychat, Ivychat Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Currency Conversion

Ivychat Payments will process each transaction in the currency the Member selects via the Ivychat Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s Country of Residence or Ivychat contracting entity(ies). Any such limitations will be communicated via the Ivychat Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Ivychat Payments is not responsible for any such fees and disclaims all liability in this regard.

12. Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.

13. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that 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 the Ivychat Terms, Policies or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Ivychat Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ivychat Payments or any of Ivychat Payments’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14. Intellectual Property Ownership, Rights Notices

14.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Ivychat, Ivychat Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Ivychat or Ivychat Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Ivychat or Ivychat Payments 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 Payment Services are used for identification purposes only and may be the property of their respective owners.

14.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ivychat, Ivychat Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

15. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Ivychat Platform, or pursuant to Section 24 (“Contacting Ivychat Payments”). 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.

16. Disclaimers

16.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

16.2 Notwithstanding Ivychat Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Ivychat Platform, Ivychat Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Ivychat Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

16.3 If we choose to conduct identity verification 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.

16.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

17. Liability

17.1 Except as provided in Section 17.2, 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 Payment Services remains with you. If you permit or authorize another person to use your Ivychat Account in any way, you are responsible for the actions taken by that person. Neither Ivychat Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Ivychat Payments 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 Providing Members pursuant to these Payments Terms or an approved payment request under the Ivychat Advisor Guarantee, in no event will Ivychat Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Ivychat Platform as an 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 Payments 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 Payments 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 Payments’ 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 you reside in the EU, Section 17.1 does not apply, and Ivychat Payments 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 Payments 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 Payments in whose proper fulfillment 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 Payments is excluded to the maximum extent allowed by applicable law.

18. Indemnification

You agree to release, defend (at Ivychat Payments’ option), indemnify, and hold Ivychat Payments and its affiliates and subsidiaries, 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 Payments Terms; (ii) your improper use of the Payment Services; or (iii) your breach of any laws, regulations, or third-party rights.

19. Termination, Suspension, and other Measures

19.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Ivychat Terms. Terminating this Agreement will also serve as notice to cancel your Ivychat Account pursuant to the Ivychat Terms. If you cancel your Ivychat Account as an Advisor, Ivychat Payments will provide a full refund to any Advisees with confirmed booking(s). If you cancel your Ivychat Account as an Advisee, Ivychat Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

19.2 Without limiting our rights specified below, Ivychat Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Ivychat Payments UK).

19.3 Ivychat Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Ivychat Payments believes in good faith that such action is reasonably necessary to protect other Members, Ivychat, Ivychat Payments, or third parties (for example in the case of fraudulent behavior of a Member).

19.4 In addition, Ivychat Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (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 Payments Terms, the Ivychat Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Ivychat Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ivychat, its Members, Ivychat Payments, or third parties, or to prevent fraud or other illegal activity.

19.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Ivychat Payments and an opportunity to resolve the issue to Ivychat Payments' reasonable satisfaction.

19.6 If you are an Advisor and we take any of the measures described in this Section we may refund your Advisees in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

19.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Ivychat Account or attempt to access and use the Payment Services through an Ivychat Account of another Member.

19.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

20. Applicable Law and Jurisdiction

20.1 If you are contracting with Ivychat Payments US, these Payments 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 22 must be brought in state or federal court in Newark, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Newark, Delaware.

20.2 If you are contracting with Ivychat China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms 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 Payments 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.

20.3 If you are contracting with Ivychat Payments UK, these Payments Terms will be interpreted in accordance with English 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 English courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If Ivychat Payments 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 English courts.

20.4 If you are contracting with Ivychat Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Ivychat Payments 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 the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

21. Dispute Resolution and Arbitration Agreement

21.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Ivychat Payments US; or (ii) bring any claim against any Ivychat Payments entity in the United States (to the extent not in conflict with Section 20).

21.2  Overview of Dispute Resolution Process. Ivychat Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 22.1 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 21 and except as provided in Section 21.6). 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.

21.3  Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Ivychat Payments 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.

21.4  Agreement to Arbitrate. You and Ivychat Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (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 Payments agree that the arbitrator will decide that issue.

21.5  Exceptions to Arbitration Agreement. You and Ivychat Payments 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).

21.6  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 at  www.adr.org  or by calling the AAA at 1–800–778–7879.

21.7  Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Ivychat Payments agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in New CastleCounty; (c) in any other location to which you and Ivychat Payments 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.

21.8  Modification of AAA Rules - Attorney’s Fees and Costs. You and Ivychat Payments agree that Ivychat Payments 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 Payments 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.

21.9  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.

21.10  Jury Trial Waiver. You and Ivychat Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.11  No Class Actions or Representative Proceedings. You and Ivychat Payments 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 Payments 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.

21.12  Severability. Except as provided in Section 21.11, 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.

21.13  Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Ivychat Payments changes this Section 21 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments 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 Payments’ 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 Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

21.14  Survival. Except as provided in Section 21.12 and subject to Section 19.8, this Section 21 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Ivychat Account.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Ivychat Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Ivychat Payments and you regarding the Payment Services.

22.2 No joint venture, partnership, employment, or agency relationship exists between you or Ivychat Payments as a result of this Agreement or your use of the Payment Services.

22.3 If any provision of these Payments 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.

22.4 Ivychat Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

22.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Ivychat Payments’ prior written consent. Ivychat Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Ivychat Payments UK). Your right to terminate this Agreement at any time remains unaffected.

22.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

22.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Ivychat Payments 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 you are contracting with Ivychat Payments UK you can access the European Commission’s online dispute resolution platform here:  http://ec.europa.eu/consumers/odr. Please note that Ivychat Payments UK is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

23. Additional Clauses for Users Contracting with Ivychat Payments UK

The following paragraphs will apply if you are contracting with Ivychat Payments UK:

23.1 Payment Service User

23.1.1 The Payment Services include the payment collection service provided to Advisors contracting with Ivychat Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Ivychat Payments UK treats Advisors as the “payment service user.”

23.1.2 By agreeing to these Payments Terms you as Advisor have consented to Ivychat Payments UK’s payment of each Payout to your chosen Payout Method. Advisors may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 7.2. Ivychat Payments UK will be deemed to have received the Advisor's payment order to the Advisor on the same date Ivychat Payments UK agrees to initiate the Payout in accordance with Section 7.2.

23.1.3 Ivychat Payments UK will endeavor to ensure that Advisors based in the EEA will receive each Payout within 5-7 business days following Ivychat Payments UK’s initiation of the Payout.

23.1.4  Communication. Ivychat Payments will provide the Advisor notice via email when we initiate each Payout. We will also provide notice to an Advisor’s registered email address if the Payout is returned to us because of an error. It is your responsibility as an Advisor to ensure that you provide us with a current, accurate, and valid email address.

23.2 Resolution Procedures for Diverted Payouts

23.2.1 If you as an Advisor believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Ivychat Account (“Credentials”) are lost or stolen, you should notify Ivychat Payments UK pursuant to Section 24 immediately. As an Advisor you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

23.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Ivychat Platform and/or Payment Services in accordance with the Ivychat Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

23.2.3 If you as Advisor claim not to have received a Payout properly due to you via your chosen Payout Method, Ivychat Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

23.2.4 Any complaints about the Payment Services should be made to Ivychat Payments UK pursuant to Section 24. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Ivychat Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

24. Contacting Ivychat Payments

You may contact Ivychat Payments regarding the Payment Services using the information below:

Entity
Contact Information
Ivychat Payments, Inc. 2035 Sunset Lake Road, Suite B-2
Newark, Delaware, 19702
United States of America

If you have any questions about these Payments Terms, please email us.

Thank you for using Ivychat!

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Ivychat Platform and the Payment Services.


If you see an undefined term in this Privacy Policy (such as “Listing” or “Ivychat Platform”), it has the same definition as in our Terms of Service.

When this policy mentions “Ivychat,” “we,” “us,” or “our,” it refers to the Ivychat company that is responsible for your information under this Privacy Policy (the “Data Controller”).

  • If your Country of Residence is the United States, the Data Controller is Ivychat, Inc.
  • If your Country of Residence is outside of the United States, the People’s Republic of China which for purposes of this Privacy Policy does not include Hong Kong, Macau and Taiwan (“China”) and Japan, the Data Controller is Ivychat Ireland UC (“Ivychat Ireland”).
  • 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.

This Privacy Policy also applies to the Payment Services provided to you by Ivychat Payments pursuant to the Payments Terms of Service  (“Payments Terms”). When using the Payment Services, you will be also providing your information, including personal information, to one or more Ivychat Payments entities, which will also be the Data Controller (the "Payments Data Controller") of your information related to the Payment Services, generally depending on your Country of Residence.

  • 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.
  • Cookies and Similar Technologies:  We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the Ivychat Platform, or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, the Ivychat Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted. For more information on our use of these technologies, see our Cookie Policy.
  • 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.
  • Operate, protect, improve, and optimize the Ivychat Platform and experience, such as by performing analytics and conducting research.
  • Provide customer service.
  • Send you service or support messages, updates, security alerts, and account notifications.
  • If you provide us with your contacts’ information, we may process this information:

    (i) to facilitate your referral invitations.

    (ii) for fraud detection and prevention.

    (iii) for any purpose you authorize at the time of collection.

  • To operate, protect, improve, and optimize the Ivychat Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the Ivychat Platform, your search and booking history, your profile information and preferences, and other content you submit to the Ivychat Platform.

We process this information given our legitimate interest in improving the Ivychat Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.

2.2 Create and Maintain a Trusted and Safer Environment.
  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Verify or authenticate information or identifications provided by you (such as to verify your address or compare your identification photo to another photo you provide).
  • Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.
  • Comply with our legal obligations.
  • Resolve any disputes with any of our Members and enforce our agreements with third parties.
  • Enforce our Terms of Service and other policies.
  • In connection with the activities above, we may conduct profiling based on your interactions with the Ivychat Platform, your profile information and other content you submit to the Ivychat Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Ivychat Platform if such processes detect a Member or activity that we think poses a safety or other risk to the Ivychat Platform, other Members, or third parties.

We process this information given our legitimate interest in protecting the Ivychat Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
  • Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Ivychat or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).
  • Personalize, measure, and improve our advertising.
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Ivychat or its third party partners.
  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Ivychat Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Ivychat Account.

2.4 How the Payments Data Controller uses the Information Collected.
  • Enable you to access and use the Payment Services.
  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Conduct checks against databases and other information sources.
  • Comply with legal obligations (such as anti-money laundering regulations).
  • Enforce the Payment Terms and other payment policies.
  • With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.

The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.

3. Sharing & Disclosure

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Ivychat Account or when you participate in promotional activities conducted by Ivychat partners or third parties.

3.2 Sharing between Members.

To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:

  • When you as an Advisee submit a booking request, certain information about you is shared with the Advisor, including your full name, your cancellation history, and other information you agree to share. When your booking is confirmed, we may disclose additional information to assist with coordinating the call.
  • When you as an Advisor have a confirmed booking, certain information may be shared with the Advisee to coordinate the booking, such as your full name.
  • We don’t share your billing and payout information with other Members.
3.3 Profiles, Listings, and other Public Information.

The Ivychat Platform lets you publish information, including personal information, that is visible to the general public. For example:

  • Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
  • Listing pages are publicly visible and include information such as the Advisor’s approximate location (city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
  • After completing a booking, Advisees and Advisors may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Ivychat Platform (such as the Listing page).
  • If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Ivychat Platform, that content is publicly visible.

Based on our legitimate interest to promote the Ivychat Platform we may display parts of the Ivychat Platform (e.g., your Listing page) on sites operated by Ivychat’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the Ivychat Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.4 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Ivychat and Ivychat Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Ivychat, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Ivychat, its employees, its Members, or members of the public.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Ivychat Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.

Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Ivychat’s property, its Members and the Ivychat Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.5 Service Providers.

Ivychat and Ivychat Payments uses a variety of third party service providers to help us provide services related to the Ivychat Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Ivychat Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

Ivychat and the Ivychat Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

3.6 Corporate Affiliates.

To enable or support us in providing the Ivychat Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.

  • Sharing with Ivychat, Inc.  Even if your Country of Residence is not the United States, your information may be shared with Ivychat, Inc. which provides the technical infrastructure for the Ivychat Platform, product development and maintenance, customer support, trust and safety and other business operation services to other Ivychat entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Ivychat Platform globally.
  • Sharing with Ivychat Payments.  In order to facilitate payments on or through the Ivychat Platform, certain information as described above in Section 1.1.3, may be shared with the relevant Ivychat Payments entity. The data sharing is necessary for the performance of the contract between you and us.
  • Sharing with Ivychat Ireland.  If your Country of Residence is the United States, some of your information may be shared with Ivychat Ireland when you create a Listing or when you book an Advisory Service located outside of the United States (other than in China). The information shared in these circumstances may include: (i) your name, e-mail address and phone number, (ii) information relating to the Listing or Advisory Service, (iii) booking information for the Listing or Advisory Service, including but not limited to booking dates and payment amounts, and (iv) the names, nationalities, and identification details (including passport/national ID numbers and expiry dates) of any Advisees.  Additionally, when you send a message to an Advisor or Advisee outside of the United States (other than China), your first name, profile picture and message content sent via the Ivychat Platform will be shared with Ivychat Ireland. The data sharing is necessary for the performance of the contract between you and us.
  • Sharing with Ivychat China.  Even if your Country of Residence is not China, some of your information will be shared with Ivychat China in the following circumstances:
    1. Creating a Listing.  If you create a Listing in China, information shared includes:

      (i) your name, phone number, email address, and passport/ID details,

      (ii) information relating to the Listing,

      (iii) booking information relating to the Listing, such as Advisee details as set out below in Advisory Services, booking dates, and payment amounts, and

      (iv) messages between you and prospective and confirmed Advisees at the Listing.

    2. Advisory Services.  If you book an Advisory Service located in China, information shared includes:

      (i) your name, phone number, and email address

      (ii) booking dates,

      (iii) messages between the Advisor and the Advisee, and

      (iv) the names, nationalities, and identification details (including passport/national ID numbers and expiry dates) of any Advisees.

    3. Sending Messages.  If you send a message to an Advisor in relation to that Advisor’s Listing in China, information shared includes: your first name, profile picture and message content.

The data sharing is necessary for the performance of the contract between you and us to enable you to list or book Advisory Services in China and communicate with Members in China. Where required under law and you have expressly granted permission, Ivychat China may disclose your information to Chinese government agencies without further notice to you. We’ll notify you in advance in the above situations, and in specific situations where we apply any practices that differ from what is described in this Privacy Policy (including practices pertaining to disclosures to government agencies).

Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Ivychat Platform and our affiliates’ services.

3.7 Social Media Platforms.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Ivychat Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

The social media platforms with which we may share your personal data are not controlled or supervised by Ivychat. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.

Please note that you may, at any time ask Ivychat to cease processing your data for these direct marketing purposes by sending an e-mail to  feedback@ivychat.com.

3.8 Government Registration.

In jurisdictions where Ivychat facilitates or requires a registration, notification, permit, or license application of an Advisor with a local governmental authority through the Ivychat Platform in accordance with local law, we may share information of participating Advisors with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Advisor’s full name and contact details, Listing details, and number of calls booked.

3.9 Business Transfers.

If Ivychat undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.10 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

4. Other Important Information

4.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Ivychat Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on Ivychat's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

4.2 Linking Third Party Accounts.

You may link your Ivychat Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.”  When you create this link:

  • Some of the information you provide to us from the linking of your accounts may be published on your Ivychat Account profile;
  • Your activities on the Ivychat Platform may be displayed to your Friends on the Ivychat Platform and/or that third party site;
  • A link to your public profile on that third party social networking service may be included in your Ivychat public profile;
  • Other Ivychat users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
  • Other Ivychat users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
  • The information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
  • The publication and display of information that you provide to Ivychat through this linkage is subject to your settings and authorizations on the Ivychat Platform and the third party site.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.

5. Third Party Partners & Integrations

The Ivychat Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Ivychat doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Ivychat, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

6. Your Rights

You may exercise any of the rights described in this section before your applicable Ivychat Data Controller and Payments Data Controller by sending an email to  feedback@ivychat.com. Please note that we may ask you to verify your identity before taking further action on your request.

6.1 Managing Your Information.

You may access and update some of your information through your Account settings. If you have chosen to connect your Ivychat Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.

6.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Ivychat Account).

6.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

6.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Ivychat Platform to you, you can request that we erase your personal information and close your Ivychat Account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Ivychat Account for fraud or safety reasons, we may retain certain information from that Ivychat Account to prevent that Member from opening a new Ivychat Account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Ivychat and Ivychat Payments may keep some of your information for tax, legal reporting and auditing obligations.
  • Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Ivychat Platform, even after your Ivychat Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., call recordings, call transcripts, log records) may remain in our database, but are disassociated from personal identifiers.
  • Because we maintain the Ivychat Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by Ivychat you may withdraw your consent at any time by changing your Account settings or by sending a communication to Ivychat specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Ivychat override your own.

6.6 Objection to Processing.

In some jurisdictions, applicable law may entitle you to require Ivychat and Ivychat Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Ivychat and/or Ivychat Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Ivychat to cease processing your data for these direct marketing purposes by sending an e-mail to feedback@ivychat.com.

6.7 Lodging Complaints.

You have the right to lodge complaints about the data processing activities carried out by Ivychat and Ivychat Payments before the competent data protection authorities. If your Data Controller is Ivychat Ireland, you have the right to file a complaint with its lead supervisory authority, the Irish Data Protection Commissioner. If your Payments Data Controller is Ivychat Payments (UK) Ltd. with its lead supervisory authority, the Information Commissioner's Office.

7. Operating Globally

To facilitate our global operations Ivychat and Ivychat Payments may transfer, store, and process your information within our family of companies or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

7.1 EU-US & Swiss-US Privacy Shield.  

Ivychat and Ivychat Payments comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Ivychat has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit  https://www.privacyshield.gov/.

Under the Privacy Shield Framework, Ivychat and Ivychat Payments are subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us at Ivychat, Inc., 2035 Sunset Lake Road, Suite B-2, Newark, Delaware 19702 or via  email. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commission or seek assistance from our designated Privacy Shield independent recourse mechanism, JAMS. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in  Annex I to the Privacy Shield Principles.

If we have received your personal information under the Privacy Shield and subsequently transfer it to a third party service provider for processing as described in this Privacy Policy, we will remain responsible if these providers process your personal information in a manner inconsistent with the Privacy Shield Principles, except where we can establish that Ivychat or Ivychat Payments was not responsible for the violation.

7.2 Other Means to Ensure an Adequate Level of Data Protection.

If Ivychat Ireland is the Data Controller and your information is shared with corporate affiliates or third party service providers outside the EEA, we have - prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.

7.3 California & Vermont Residents.

Ivychat Payments will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

7.4 California Privacy Rights.

California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. Ivychat and Ivychat Payments do not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.

8. Security

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Ivychat Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Ivychat Account, please contact us following the instructions in the Contact Us section below.

9. Changes to this Privacy Policy

Ivychat reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Ivychat Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Ivychat Platform will be subject to the revised Privacy Policy.

10. Contact Us

If you have any questions or complaints about this Privacy Policy or Ivychat’s information handling practices, you may  email  us or contact us at:

Ivychat, Inc., 2035 Sunset Lake Road, Suite B-2, Newark, Delaware 19702 USA.