These Terms of Use (the “Terms”) govern your use of the DDIY Solutions Pte. Ltd. (the “Company”)
service available through our website located at www.dd-iy.com (the “Website”), and software
applications, including the application entitled “DDIY App” (each, an “App” and collectively, “Apps”)
that facilitate the scheduling, management and performance of certain household chores, concierge
services and other errands (collectively, the functionality provided by the Website and App referred to
as the “Service”). By checking the “I accept” checkbox, completing the registration process, browsing
our Website, downloading and installing the App or using the Service, you acknowledge that you have
read and understood these Terms and agree to be bound by them. If not, do not download the Apps
or use the Website or Service.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR USING
THE WEBSITE OR SERVICE, CHECKING THE “I ACCEPT” CHECKBOX, COMPLETING THE
REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT (1) THAT
YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (2) YOU
HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF
OF THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES.
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About DDIY
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Generally The Service enables you to automatically schedule, manage and have certain
household chores, concierge services and other errands performed on your behalf via your
own “Personal Manager”. Upon payment of membership fees, you will be assigned one or
more individuals (each, a “Personal Manager”) who will perform those tasks (such as picking
up grocery shopping, dry cleaning or household cleaning) requested by you via the Service
(each, a “Task”). To schedule a Task, you must input the required information as requested
through the Service. You agree that any information you provide when scheduling a Task is
true, accurate, current and complete, and, where applicable, you will update all such
information as necessary to maintain its truth, accuracy and completeness. Failure to do so
will constitute a breach of these Terms. To the extent permitted by applicable law, we reserve
the right to deny or terminate service to any member at our discretion.
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Third Party Applications In order to complete certain Tasks, the Service may need to access
certain third party software applications on your mobile device (“Third Party Apps”) and the
account(s) associated with such Third Party Apps. You expressly consent to and authorize
the Company to access and use those Third Party Apps designated by you, including the
relevant accounts associated therewith, on your behalf to the extent necessary to provide the
Service to you and complete the Tasks. You acknowledge and agree that the use of Third
Party Apps is governed by the relevant terms and conditions associated therewith (“Third
Party Terms”), and that you are by bound by such Third Party Terms. You further
acknowledge and agree that the Company has no control over and cannot be responsible for
any Third Party App or its products or services. Accordingly, the Company disclaims any and
all warranties, and liabilities with respect to Third Party Apps, and their products and services.
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Registration
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Member Accounts To use certain features of the Service, you must register and create an
account (“Account”). To be eligible to create an Account, you must be at least 18 years old.
When you set up your account, you will be required to create log-in credentials by providing
certain types of personal information (“Login Credentials”). For more information on the types
of personal information we will collect in order to create your Login Credentials and Account,
please review our Privacy Statement. In registering for the Services, you agree (1) to provide
true, accurate, current and complete information about yourself as prompted by the Services’
registration form (“Registration Data”); (2) to maintain and promptly update the Registration
Data to keep it true, accurate, current and complete; and (3) that you have a legitimate
interest in the property you are providing your Personal Manager access to (your residence),
and you have all the necessary permissions from other persons or entities who also have an
interest in your residence. You are responsible for maintaining the confidentiality of your
Login Credentials, and are solely responsible for all activities that occur using your Login
Credentials. You agree not to allow a third party to use your Login Credentials at any time.
We reserve the right to terminate any username and password which we reasonably
determine may have been used by an unauthorized third party. You agree not to create an
Account using a false identity or information, or on behalf of someone other than yourself.
You agree not to create an Account or use the Services if you have been previously removed
by the Company, or if you have been previously banned from any of the Services.
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Third Party Accounts Depending on the version of the App you are using, you may also link
your Account with certain third party social networking services, including Facebook, and
other Third Party Apps (each a “Third Party Account”) by either (i) providing your Third Party
Account login information to us; or (ii) allowing us to access your Third Party Account, if
permitted under the applicable terms and conditions that govern your use of each Third Party
Account. You represent that you are entitled to disclose your Third Party Account login
information to us and/or grant us access to your Third Party Account without breach by you of
any of the terms and conditions that govern your use of the applicable Third Party Account
and without obligating us to pay any fees or making us subject to any usage limitations
imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE SOCIAL NETWORKING SERVICE AND OTHER SOFTWARE APPLICATION
PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE AND
SOFTWARE APPLICATION PROVIDERS.
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Keys In order to provide certain Tasks, such as house cleaning or putting your groceries in
the refrigerator, our Personal Managers will require access to your residence. Upon
registration or request, you agree to provide your Personal Manager with a set of keys to your
residence, along with any other information reasonably required by your Personal Manager,
to perform the Tasks.
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Licenses and Restrictions
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License Subject to the terms and conditions herein, Company may grant you a personal,
revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad or
iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or
control. With respect to any App accessed through or downloaded from the Apple App Store,
Google Chrome Web Store, Google Play marketplace or any similar store or marketplace
(each, an “App Store” and references to an App Store include the corporate entity and its
subsidiaries making such App Store available to you), you agree to comply with all applicable
third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the
“Usage Rules”).
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Certain Restrictions The rights granted to you in the Terms are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute,
host or otherwise commercially exploit the Website, Apps, back-end databases or Services
(collectively, the “Company Properties”) or any portion of the Company Properties; (b) you
shall not frame or utilize framing techniques to enclose any trademark, logo, or other
Company Properties (including images, text, page layout or form) of Company; (c) you shall
not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you
shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of the Company Properties except to the extent
the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any
manual or automated software, devices or other processes (including but not limited to
spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or
download data from any web pages contained in the Website (except that we grant the
operators of public search engines revocable permission to use spiders to copy materials
from the Website for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or archives of such
materials); (f) access the Company Properties in order to build a similar or competitive
website, application or service; (g) except as expressly stated herein, no part of the Company
Properties may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means; (h) you shall not remove or destroy any
copyright notices or other proprietary markings contained on or in the Company Properties;
and (i) you shall not use the Company Properties for any illegal or unlawful purpose. Any
unauthorized use of the Company Properties terminates the licenses granted by the
Company pursuant to the Terms.
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Updates All updates and upgrades to the App will be governed by the version of these Terms
published by Company as of the date you install such update or upgrade. You agree,
however, that we are not obligated to create or provide any support, corrections, updates,
upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not
expressly granted herein are reserved.
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Ownership Rights and License As between you and Company, the Company Properties,
including any design, layout, logo, text, code, and graphics contained within the App and
Website (the “Company Content”) is, and shall remain the sole property of Company and is
subject to protection under Singapore and foreign copyright or trade mark laws. Other
trademarks, logos, and images that are available in connection with our Service are the
property of their respective owner (each an “Owner”), which may or may not be affiliated with,
connected to, or sponsored by Company.
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Fees and Payment Terms
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Service Subscription Fees You will be responsible for payment of the applicable fees for any
subscription-based Services (each, a “Service Subscription Fee”) or non-subscription-based
Services at the time you create your Account and, in the case of subscription-based Services,
select your monthly or annual package, as applicable (each, a “Service Commencement
Date”). All fees for the Tasks and Services are non-refundable. No contract will exist between
you and the Company for the Services until the Company accepts your order by a
confirmatory email, text message, via the App, or other appropriate means of communication.
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Payment You agree to pay all fees or charges to your Account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and payable. We partner
with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid
credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and
also agree to Stripe’s Terms of Service (https://stripe.com/us/terms). Your Payment Provider
agreement governs your use of the designated credit card, and you must refer to that
agreement and not to the Terms to determine your rights and liabilities. By providing Stripe
with your credit card number and associated payment information, you agree that the
Company is authorized to immediately invoice your Account for all fees and charges due and
payable to the Company hereunder and that no additional notice or consent is required. You
agree to immediately update your payment details in Stripe if there is any change in your
billing address or the credit card used for payment hereunder. You additionally agree that the
Company shall be entitled to charge you, and in such event you agree to pay 3.5% service
fee on all goods and services purchased on your behalf. The Company reserves the right at
any time to change its prices and billing methods, either immediately upon posting on the
Company Properties or by email delivery to you.
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Automatic Renewal With respect to subscription-based Services, your subscription will
continue indefinitely until terminated in accordance with the Terms. AFTER YOUR INITIAL
SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION
PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST
DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT
DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE
COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT
YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE
UNLESS YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE RENEWAL
COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (hello@dd-iy.com). If you do
not wish your Account to renew automatically, or if you want to change or terminate your
subscription, please contact us via email (hello@dd-iy.com). If you cancel your subscription,
you may use your subscription until the end of your then-current subscription term; your
subscription will not be renewed after your then-current term expires. However, you will not
be eligible for a prorated refund of any portion of the subscription fee paid for the then-current
subscription period. By subscribing, you authorize the Company to charge your Payment
Provider now, and again at the beginning of any subsequent subscription period. Upon
renewal of your subscription, if the Company does not receive payment from your Payment
Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you
agree that the Company may either terminate or suspend your subscription and continue to
attempt to charge your Payment Provider until payment is received (upon receipt of payment,
your Account will be activated and for purposes of automatic renewal, your new subscription
commitment period will begin as of the day payment was received).
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Taxes The Company’s fees are net of any applicable Sales Tax. If any Services, or payments
for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have
not remitted the applicable Sales Tax to the Company, you will be responsible for the
payment of such Sales Tax and any related penalties or interest to the relevant tax authority,
and you will indemnify the Company for any liability or expense we may incur in connection
with such Sales Taxes. Upon our request, you will provide us with official receipts issued by
the appropriate taxing authority, or other such evidence that you have paid all applicable
taxes. For purposes of this section, “Sales Tax” shall mean any goods and services tax, sales
or use tax, and any other tax measured by sales proceeds, that the Company is permitted to
pass to its customers, that is the functional equivalent of a sales tax where the applicable
taxing jurisdiction does not otherwise impose a sales or use tax.
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Free Trials and Other Promotions Any free trial or other promotion that provides user access
to the Services must be used within the specified time of the trial. At the end of the trial
period, your use of that Service will expire and any further use of the Service is prohibited
unless you pay the applicable subscription fee. If you are inadvertently charged for a
subscription, please contact the Company to have the charges reversed.
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Communications The Company reserves the right to contact you from time to time for
feedback about the Services, including feedback and reviews regarding the Tasks performed
by your Personal Manager, and for service and support related issues. We reserve the right
to contact you through email and text messages, or notices posted on the Website or in your
Account. Notices will be deemed effective at the time they are sent by the Company or as of
the date they are posted, regardless of whether you actually read any such notices.
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Code of Conduct Due to the personalized nature of the Services you may, from time to time,
personally interact with your Personal Manager. You acknowledge our Personal Managers
deserve your respect, and that your continued use of the Services is contingent upon your
continued observance of the following code of conduct (“Code of Conduct”):
The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment
of all involved, including you and our Personal Managers, when you use the Services.
Accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or
intentionally or recklessly cause harm to our Personal Managers or create a condition that
endangers the health and safety of our Personal Managers; (ii) make or attempt any
unwanted sexual advance or statement to our Personal Managers; (iii) threaten, harass, stalk,
intimidate, or engage in any other aggressive or bullying behavior against our Personal
Managers; (iv) use any vulgar or obscene language or otherwise engage in behavior that is
likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any
behavior that discriminates against our Personal Managers because of the individual’s race,
color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of our
Code of Conduct shall be deemed a material breach of these Terms, and the Company may
terminate your Account and access and use of the Services without penalty.
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No Warranty YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
COMPANY PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES, SERVICES,
AND ANY COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY
PROPERTIES, SERVICES, THE PERSONAL MANAGERS AND ANY COMPANY
CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY
PROPERTIES, PERSONAL MANAGERS AND ANY COMPANY CONTENT, WILL MEET
YOUR REQUIREMENTS, THAT THE OPERATION OF THE COMPANY PROPERTIES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY
PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING THE
COMPANY’S OR ITS PERSONAL MANAGER’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE
COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL
PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY
CARELESSNESS OF THE COMPANY AND ITS PERSONAL MANAGERS, INCLUDING,
WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT THE
COMPANY MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE
PROVIDERS TO PERFORM THE SERVICES, AND THAT THE COMPANY HAS NO
CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY
SERVICE PROVIDERS. ACCORDINGLY, COMPANY HEREBY DISCLAIMS ANY AND ALL
WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND
THIRD PARTY SERVICES.
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Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT
OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES,
ANY COMPANY CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR
FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THE PERSONAL
MANAGERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY
APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS
PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
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Transactions Involving Alcohol Alcoholic beverages may only be purchased by and on
behalf of individuals who are at least twenty-one years old. If you schedule any Task which
requires your Personal Manager to purchase alcoholic beverages on your behalf, you
expressly represent and warrant that: (i) you are at least twenty-one years old, and (ii) you will
provide bona fide identification showing your legal age to your Personal Manager prior to the
purchase of any alcoholic beverages and, if requested by your Personal Manager, upon
delivery.
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Keys In order to provide certain Tasks, such as house cleaning or grocery delivery, our
Personal Manager’s will require access to your residence. Upon registration or request, you
agree to provide your Personal Manager with a set of keys to your residence, along with any
other information reasonably required by your Personal Manager, to perform the Tasks. The
Company takes reasonable measures to protect the security of all keys provided by you to
our Personal Managers . EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING
CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, THE COMPANY
HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING
FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OR ACCESS TO YOUR
KEYS OR IMPROPER LOCKING OF RESIDENCES.
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Feedback If you provide Company with any feedback or suggestions regarding the App,
Tasks or Services (“Feedback”), you hereby assign to Company all rights in the Feedback
and agree that Company shall have the right to use such Feedback and related information in
any manner it deems appropriate without any right to any compensation. Company will treat
any Feedback you provide to Company as non-confidential and non-proprietary. You agree
that you will not submit to Company any information or ideas that you consider to be
confidential or proprietary.
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Arbitration; Applicable Law
- Except for a claim by Company against you, any and all disputes between you and Company
arising under or related in any way to these Terms must be resolved through binding
arbitration as described in this Section. This agreement to arbitrate is intended to be
interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your
use of the App.
- YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE
EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- Any dispute arising out of or in connection with these Terms, including any question regarding
its existence, validity or termination, shall be resolved by arbitration conducted in English by
three (3) arbitrators pursuant to the rules of the Singapore International Arbitration Centre for
the time being in force, which rules are deemed to be incorporated by reference in this
clause. The place of the arbitration shall be Singapore.
- The laws of Singapore govern this license and your use of the Service.
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Application Store Additional Terms and Conditions The following additional terms and
conditions apply to you if you are using an App from an App Store. To the extent the other
terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the
terms and conditions of this Section, the more restrictive or conflicting terms and conditions in
this Section apply, but solely with respect to Apps from the App Store.
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Acknowledgement Company and you acknowledge that this Agreement is concluded
between Company and you only, and not with the App Store, and Company, not the App
Store, is solely responsible for App and the content thereof. To the extent this Agreement
provides for usage rules for App that are less restrictive than the Usage Rules set forth for
App in, or otherwise is in conflict with, the Application Store Terms of Service, the more
restrictive or conflicting App Store term applies, as applicable.
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Scope of License The license granted to you for App is limited to a non-transferable license to
use App on either an iOS or Android device that you own or control and as permitted by the
Usage Rules.
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Maintenance and Support Company is solely responsible for providing any maintenance and
support services with respect to App, as specified in these Terms (if any), or as required
under applicable law. Company and you acknowledge that the App Store has no obligation
whatsoever to furnish any maintenance and support services with respect to App.
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Warranty Company is solely responsible for any product warranties, whether express or
implied by law, to the extent not effectively disclaimed. In the event of any failure of App to
conform to any applicable warranty, you may notify the App Store, and the App Store may
refund the purchase price for App to you; and to the maximum extent permitted by applicable
law, the App Store will have no other warranty obligation whatsoever with respect to App, and
any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be Company’s sole responsibility.
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Product Claims Company and you acknowledge that the App Store is not responsible for
addressing any claims of you or any third party relating to App or your possession and/or use
of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. This Agreement does not limit Company’s liability
to you beyond what is permitted by applicable law.
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Intellectual Property Rights Company and you acknowledge that, in the event of any third
party claim that App or your possession and use of App infringes that third party’s intellectual
property rights, Company, not the App Store, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim.
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Legal Compliance 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.
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Developer Name and Address Company’s contact information for any end-user questions,
complaints or claims with respect to App is set forth below.
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Third Party Terms of Agreement You must comply with applicable third party terms of
agreement when using App.
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Third Party Beneficiary You agree that the App Store (and its subsidiaries) is a third party
beneficiary of these Terms and will have the right to enforce these Terms.
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Company Name and Address Company’s contact information for any end-user questions,
complaints or claims with respect to Company Properties is hello@dd-iy.com.
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Indemnification You agree to indemnify, defend, release, and hold harmless Company, its
partners, licensors, affiliates, contractors, officers, directors, employees and agents
(collectively, the “Company Parties”) from all damages, losses and expenses arising directly
or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use
of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of
any law or of any rights of any third party.
The Company reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with the Company in asserting any available defenses. You agree that the
provisions in this section will survive any termination of your Account, the Terms or your
access to the Company Properties.
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Release You hereby release the Company Parties and their successors from claims to the
extent permissible by applicable law, of all demands, any and all losses, damages, rights, and
actions of any kind, including personal injuries, death, and property damage, that is either
directly or indirectly related to or arises from your use of the Company Properties, including
but not limited to, any interactions with or conduct of the Personal Managers or third-party
websites of any kind arising in connection with or as a result of the Terms or your use of the
Company Properties.
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Equitable Remedies You hereby agree that if these Terms are not specifically enforced,
Company will be irreparably damaged, and therefore you agree that Company shall be
entitled, without bond, other security, proof of damages, to appropriate equitable remedies
with respect to any of these Terms, in addition to any other available remedies.
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Changes to these Terms PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE
BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made,
Company will make a new copy of the Terms of Use available at the Website and within the
App. We will also update the “Last Updated” date at the bottom of these Terms. If we make
any material changes, and you have registered with us to create an Account, we will also
send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.
Any changes to the Terms will be effective immediately for new users of the Company
Properties and will be effective thirty (30) days after posting notice of such changes on the
Website or App for existing users, provided that any material changes shall be effective for
users who have an Account with us upon the earlier of thirty (30) days after posting notice of
such changes within the Website or App or thirty (30) days after dispatch of an e-mail notice
of such changes to users who have registered for an Account. Company may require you to
provide consent to the updated Terms in a specified manner before further use of the
Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s)
after receiving a notice of such change(s), you shall stop using the Company Properties;
otherwise, your continued use of the Company Properties constitutes your acceptance of
such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE
THEN-CURRENT TERMS.
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Termination Company may cancel, suspend or block your use of the Service without notice if
there has been a violation of these Terms. Your right to use the Service will end once your
registration is terminated, and any data you have stored on the Service, unless Company is
required to retain it by law. You may terminate your registration at any time. Company is not
responsible or liable for any records or information that is made unavailable to you as a result
of your termination of registration. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO
YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE
SERVICE. Any limitations of liability that favor Company will survive the expiration or
termination of these Terms for any reason.
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Miscellaneous Company’s failure to enforce any provision of these Terms shall not be
deemed a waiver of such provision nor of the right to enforce such provision. If any part of
these Terms is determined to be invalid or unenforceable pursuant to applicable law,
including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms shall continue in effect. A printed version of these Terms and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. All contracts completed electronically will be deemed admissible
for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: 24 December, 2020