Terms and Conditions for IRLY
Last updated: February 09, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named IRLY
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Ontario, Canada
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to IRLY Social, Inc., 6 Parkwood Avenue, Toronto ON, M4V0A3.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Eligibility Requirements
To use the Services, you must be at least 18 years of age and have a valid email address. By using the Services, you represent and warrant that you meet these eligibility requirements.
User Accounts
In order to use the Services, you must create a User Account. You are responsible for maintaining the confidentiality of your account information, including your password, and for any activities that occur under your account. You agree to immediately notify IRLY Social Inc. of any unauthorized use of your account or password.
Your user account is non-transferable and may only be used by you. You may not share your account information with any third party or allow any third party to access your account. IRLY Social Inc. may terminate your account and access to the Services if it determines that you have shared your account information with a third party.
You may delete your account at any time within the settings tab on the App.
In-App Video Calling
IRLY provides users with the ability to engage in video chat with other users through the App. By using the video chat feature, you agree to the following:
a. You will not engage in any inappropriate or illegal activity during the video chat, including but not limited to the distribution of illegal or harmful material, the promotion of hate speech, or the harassment of other users. This includes, but is not limited to, engaging in sexually explicit or sexually suggestive behavior, using racial slurs, threatening violence, or promoting illegal activities.
b. You will not record, save, or share any video chat session without the explicit consent of all parties involved in the chat. Doing so may be illegal in your jurisdiction and may also violate the privacy rights of other users.
c. You understand that IRLY Social Inc. may terminate your access to the video chat feature if you violate these terms and conditions. IRLY Social, Inc. reserves the right to remove any user from the video chat feature at any time, without notice, for any reason.
d. You understand that IRLY Social Inc. is not responsible for the conduct of any user during a video chat session and that you use the video chat feature at your own risk. You are solely responsible for your own behavior and actions during a video chat session and agree to indemnify and hold IRLY Social, Inc. and its Officers and Directors harmless from any claims or damages arising from your use of the video chat feature.
By using the video chat feature, you acknowledge that you have read and agree to these terms and conditions.
User Feedback
IRLY encourages users to provide feedback and suggestions regarding the app and its features. By submitting feedback to IRLY Social Inc., you agree to the following:
a. Your feedback is voluntary and non-confidential. You grant IRLY Social, Inc. a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, copy, modify, distribute, display, and otherwise exploit any feedback you provide for any purpose, including but not limited to, improving the Services and creating new products and services.
b. You represent and warrant that you have all necessary rights to submit your feedback and that it does not infringe the intellectual property rights or privacy rights of any third party.
c. IRLY Social, Inc. is under no obligation to compensate you for any feedback you provide and may use your feedback for any purpose, including but not limited to, improving the Services and creating new products and services.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Intellectual Property
IRLY Social, Inc. is the owner of all intellectual property rights related to the app and its features, including but not limited to, logos, visual designs, trademarks, and trade names. By using the app and its features, you agree to the following:
a. You will not use any IRLY Social, Inc. trademarks, trade names, logos, or other intellectual property without the express written permission of IRLY Social, Inc.
b. You will not create any derivative works based on the app or its features without the express written permission of IRLY Social, Inc.
c. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the app or its features.
d. You acknowledge that IRLY Social, Inc. is the exclusive owner of all intellectual property rights related to the app and its features and that you have no right to use any such intellectual property without the express written permission of IRLY Social, Inc.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately, and there will be no refund of any Subscription Fees of any kind.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, particularly the laws of the Province of Ontario, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company Dispute Resolution Department and go through the in-house dispute resolution process of the Company Should the User seek any remedy at law or in equity in Court the User hereby agrees that the User is limited to filing any Action or Application in the Province of Ontario which have shall sole jurisdiction over said dispute.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Information
If you have any questions or concerns regarding these terms and conditions, please contact IRLY Social, Inc. at the following:
Email: connor@irlyapp.com
IRLY Social, Inc. will make every effort to respond to your inquiries in a timely manner.