Chivvy - AI powered anti procrastination app

Terms and Conditions

Chivvy. (“Chivvy,” “we,” “us,” “our”) provides its services (described below) to you through its mobile applications on App Store and Play Store and its website located at chivvy.app (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the document to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Chivvy Service is designed to orchestrate an environment that helps user’s beat procrastination and be productive.

Your Registration Obligations: You may be required to register with Chivvy in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Chivvy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you safely see out your account at the end of each session when accessing the Service. Chivvy will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Service: Chivvy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chivvy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Chivvy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Chivvy’s servers on your behalf. You agree that Chivvy has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Chivvy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Chivvy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes services that are available only via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Twitter Control: The Service includes the Twitter Control Feature, granted relevant permissions by the user. Usage of Twitter Control allows the Service to post “tweets” on your behalf on the Twitter Platform. Chivvy is not responsible for any consequence that springs from any interaction with such “tweets” and claims no ownership over any of the “tweets”’ posted on the Twitter Platform. The use of Twitter Control as a service requires you to grant specific permissions to the service via your Twitter Account. Among the privileges that Twitter (and by extension you, the user) grants to the Chivvy Service are - Permissions to see tweets from your timeline and Lists and Connections, see your Twitter profile information, account settings, see and control who you block, mute and report and create, delete “tweets” on your behalf. Out of these privileges granted, Chivvy only utilizes the privilege to create and post “tweets” on your behalf. Chivvy does not see your Lists or Connections, does not view your account settings, does not control who you block, mute and report, does not delete “tweets” on your behalf. You are solely responsible for any “tweets” that go out from your account on the Twitter Platform. You further acknowledge and agree that Chivvy 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 use of or reliance on any ”tweets”, events or services available through Twitter Control.

In addition, Chivvy is not responsible for the accuracy, availability or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with Twitter Control. As such, Chivvy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such service. Chivvy providing these features does not imply an endorsement or recommendation.

Daily Notifications: The Service includes the Daily Notifications Feature, granted relevant configuration by the user through the Mobile Services. Usage of Daily Notifications allows the Service to create “notifications” delivered to you on your mobile and connected devices. Chivvy is not responsible for any consequence that springs from any interaction with, or receiving such “notifications”. You further acknowledge and agree that Chivvy 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 use of or reliance on any ”notifications”, events or services available through Daily Notifications Feature.

In addition, Chivvy is not responsible for the accuracy, availability or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with Daily Notifications. As such, Chivvy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such service. Chivvy providing these features does not imply an endorsement or recommendation.

Weekly Reports and Curated Articles: The Service includes the Dynamic Content in the form of Weekly Reports and Curated Articles, granted relevant configuration by the user through the Mobile Services. Chivvy is not responsible for any consequence that springs from any interaction with, or receiving such Dynamic Content. You further acknowledge and agree that Chivvy 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 use of or reliance on any Content, events or services available through Weekly Reports and Curated Articles.

In addition, Chivvy is not responsible for the accuracy, availability or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with Curated Articles. Chivvy does not claim ownership in any way of any of the content presented as part of Curated Articles. As such, Chivvy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such service. Chivvy providing these features does not imply an endorsement or recommendation.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text (“Content”) transmit or use via the Service. Chivvy provides “Twitter Control” – an agent that posts (“Posts”) “tweets” on behalf of you on the Twitter Platform. The following are examples of the kind of content and/or use that is illegal or prohibited by Chivvy. Chivvy reserves the right to investigate and take appropriate legal action against anyone who, in Chivvy’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to transmit any Content that:

is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
you do not have a right to transmit under any law or under contractual or fiduciary relationships;
infringes any intellectual property or other proprietary rights of any party;
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,”?? “spam,”?? “chain letters,”?? “pyramid schemes,”?? “contests,”?? “sweepstakes,”?? or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
in the sole judgment of Chivvy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Chivvy or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
or violate any applicable local, state, national or international law, or any regulations having the force of law;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: You acknowledge that Chivvy reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site.

Apple-Enabled Software Applications

Chivvy offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Chivvy and you acknowledge that these Terms of Service are concluded between Chivvy and you only, and not with Apple, and that as between Chivvy and Apple, Chivvy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Chivvy’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Chivvy and you acknowledge that Chivvy, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Chivvy and Apple, Chivvy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located 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.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Chivvy at support@chivvy.app.

Chivvy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”??) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Chivvy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Chivvy, our affiliates and our partners (the “Software”??). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chivvy.

The Chivvy name and logos are trademarks and service marks of Chivvy (collectively the “Chivvy Trademarks”??). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chivvy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Chivvy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Chivvy Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Chivvy be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that Chivvy does not pre-screen Content, but that Chivvy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Chivvy and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by Chivvy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant Chivvy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”??), provided by you to Chivvy are non-confidential and Chivvy shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Chivvy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chivvy, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Copyright Complaints: Chivvy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Chivvy of your infringement claim in accordance with the procedure set forth below. Chivvy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Chivvy’s Copyright Agent at support@chivvy.app (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the Content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

If a counter-notice is received by the Copyright Agent, Chivvy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Chivvy has adopted a policy of terminating, in appropriate circumstances and at Chivvy's sole discretion, users who are deemed to be repeat infringers. Chivvy may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Chivvy has no control over such sites and resources and Chivvy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Chivvy 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 use of or reliance on any Content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Chivvy is not liable for any loss or claim that you may have against any such third party.

Third Party Services

You may enable various online services to be directly integrated into your Chivvy experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Chivvy Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Chivvy’s use, storage and disclosure of information related to you and your use of such services within Chivvy (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Chivvy shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your Chivvy Service.

Indemnity and Release

You agree to release, indemnify and hold Chivvy and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”?? AND “AS AVAILABLE”?? BASIS. CHIVVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHIVVY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHIVVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHIVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL CHIVVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHIVVY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that Chivvy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Chivvy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Chivvy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Chivvy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Chivvy shall not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Chivvy will have no liability or responsibility with respect thereto. Chivvy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Chivvy and govern your use of the Service, superseding any prior agreements between you and Chivvy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Chivvy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Chivvy, but Chivvy may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

PRIVACY POLICY

Our policy

Chivvy (“Chivvy”, “we”, “us” and/or “our”). This privacy policy (“Privacy Policy”) has been created to provide information about our company and our mobile game applications (together with the Site (as defined below), the “Services”) to our users (“you”, “your”). The Services are provided by Chivvy, Inc. (“Chivvy” or “we” or “us” or “our”). This Privacy Policy sets forth Chivvy’s policy with respect to personal data and other information that is collected from visitors to our website located at chivvy.app (the “Site”) and users of the Services.

Information we collect

When you interact with us through the Services, we may collect personal data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect personal data from you when you voluntarily provide such information, such as when you register for access to the Services (for example email address, first name, and last name), use certain Services, contact us with inquiries, or respond to one of our surveys. Wherever Chivvy collects personal data, we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with personal data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide personal data to us, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of Chivvy and the authorized third parties.

Device, Usage Information, and Transactional Data. We collect information about how you use our Services and the computers or other devices, such as mobile phones or tablets, you use to access our Services. Some examples include:

IP address
Unique device identifiers and device attributes, like operating system and browser type
Usage data, such as: web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used our Services, the frequency of your use of our Services, error logs, and other similar information

Non-Identifiable or Aggregated Data: When you interact with Chivvy through the Services, we receive and store certain personally non-identifiable data. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Chivvy may store such information itself or such information may be included in databases owned and maintained by Chivvy affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Services, the number of visitors to each page of our Site or game of our apps, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Chivvy Services.

Also, in an ongoing effort to better understand and serve the users of the Services, Chivvy often conducts research on its customer demographics, interests and behavior based on the personal data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Chivvy may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Chivvy may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating the Services, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser or device that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect personal data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Services features.

Our Use of Your personal data and Other Information

Chivvy uses the personal data you provide in a manner that is consistent with this Privacy Policy. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Services, we will use your personal data to provide you with access to such services and to monitor your use of such services. Chivvy and its subsidiaries and affiliates (the “Related Companies”) may also use your personal data and other personally non-identifiable data collected through the Services to help us customize the Services or the messages you receive, improve the content and functionality of the Services, to better understand our users and to improve the Services.

Chivvy and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.

Our Disclosure of Your Personal Data and Other Information

Chivvy is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.

Related Companies: We may also share your personal data with our Related Companies for purposes consistent with this Privacy Policy.

Service Providers and Related Third Parties: Chivvy, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments.

Legal Requirements: Chivvy may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Chivvy, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Your Choices

You may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain certain information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete your information, it will be deleted from the active database but may remain in our archives.

In accordance with Google's Play Store policies - you can request to completely remove all data associated with you here.

Children's Privacy

Our Services are not designed for and are not marketed to people under the age of 13 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Services. If you are a minor, please do not use our Services or send us your information.

Links to Other Web Sites: This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by Chivvy (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Chivvy endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Third Party Services within the Services

One of the special features of the Service is that it allows you to enable various online third party services, such as social media and networking services, (“Third Party Services”) to be directly integrated into your Chivvy experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Chivvy shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

Security: Chivvy takes reasonable steps to protect the personal data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Other Terms and Conditions: Your access to and use of the Services is subject to the Terms of Service.

Changes to Chivvy’s Privacy Policy: The Services and our business may change from time to time. As a result, at times it may be necessary for Chivvy to make changes to this Privacy Policy. Depending on the type of change, we may notify you of the change by posting on this page or by email. Please review this policy periodically, and especially before you provide any personal data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Chivvy: To keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal data in our possession that you have previously submitted via the Services. You may also have the right to access and review information associated with your account, or to request further details regarding how long we use or store your personal data.

We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. Where there are technical limitations that prevent deletion or anonymization, we safeguard personal data and limit active use of it.

How to Contact Us

You may contact us as follows: emailing support@chivvy.app