Terms of Service

Last updated: January 03, 2024

iPhygital Inc., hereinafter referred to as “iPhygital”, "We", and "Us".

We provide services to you through our website located at https://iphygital.ai/ (the “Site”) and through its related admin panel and mobile applications. Collectively, these services, including any new features and applications, and the Site, constitute the “Services.” These services are subject to the following Terms of Service, as amended from time to time (“Terms of Service”).

At our sole discretion, we retain the right to modify or change sections of these Terms of Service (General Terms) at any time. Should such changes occur, we will update this page and specify the date of the last revision at the top of the page. Your continued use of the Service even after any change to the Agreement will be deemed to be your agreement to the modified Agreement.

The service is for companies so that they can create digital business cards and digital ID cards for their employees. The Services involve software accessible over the internet and through desktop and mobile devices. Their purpose is to facilitate the sharing, updating, storing, and accessing of your own contact and business information, as well as that of others within your network.

To accept the Agreement, you must be of legal age to enter into a binding agreement. If you agree to the General Terms but do not accept specific Service Terms, avoid using the corresponding Service. You may indicate your acceptance of the Agreement by checking a checkbox, clicking on a button, or by actively using the Services.

If you disagree with any terms and conditions of this agreement, refrain from accessing the website and/or using the admin panel. You are obligated to uninstall and erase the application from your mobile device, if applicable.

Security of your account
You agree to be responsible for any act or omission of any users who access the Services under your account. You will be responsible for the confidentiality and use of your Credentials and agree not to share them with any other person. You agree to immediately notify iPhygital of any breach of security that you become aware of.

Modifications to the Service
We reserve the right to modify or discontinue the Service, either temporarily or permanently, in whole or in part, with or without notice. You acknowledge and agree that iPhygital will not be held liable to you or any third party for any such modifications, suspension, or discontinuance of the Service.

The service and all related intellectual property, including but not limited to the software, trademarks, copyrights, and content are protected under the trademark and copyright laws under the governing law. No property of iPhygital, whether it be intellectual property or other protected types, is permitted to be used without our express written consent.

The intellectual property of iPhygital Digital Business Cards irrevocably resides with iPhygital. The source code, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information ("intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.

With respect to the Content or other materials you Disseminate through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By Disseminating any User Content through the Service, you hereby grant and will grant iPhygital and its affiliated companies a license to perform the actions necessary to deliver User Content to the intended recipients. You also acknowledge and agree that User Content does not include any System Data. System Data is owned by iPhygital. “System Data” means aggregated and anonymous user and other data regarding the Services that may be used to generate logs, statistics and reports regarding performance, availability, integrity and security of the Services. System Data does not include the contact information or Personal Data of your contacts that you upload or receive through the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to iPhygital (“Submissions”), and any User Content that you make available through the Service in a manner that allows other users of the Service and/or members of the general public not specified or identified by you to access your User Content (“Public User Content”) are non-confidential and iPhygital will be entitled to the unrestricted use and dissemination of these Submissions and Public User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that iPhygital 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 iPhygital, 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

The use of the iPhygital website and application is solely at your own risk. You expressly understand and agree that iPhygital will 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, loss or costs you may suffer due to the installation of the application on your respective mobile device or other intangible losses (even if iPhygital has been advised of the possibility of such damages).

Some of the limitations mentioned above may not apply to you or be enforceable in your case, and they are intended to be as broad as permitted under the laws of the applicable state. If any portion of these sections is held to be invalid under applicable laws, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections. 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.

At iPhygital, we respect the privacy of our users. For information on how we collect, use, share, or otherwise process information about you and your use of our services, please refer to our Privacy Policy at https://iphygital.ai/Privacy-policy.html. By using the service, you consent to the collection and use of personal data as outlined therein.

These Terms of Service constitute the entire agreement between you and iPhygital and govern your use of the Service, superseding any prior agreements between you and iPhygital with respect to the Service.

This Agreement does not establish or imply any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee association between the involved parties.

Any dispute arising out of or related to your use of the Application and/or Service shall be finally resolved through a conciliation process.

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.

iPhygital Inc is participating in the CES 2024 event, which is the world's largest consumer electronics show, taking place in Las Vegas, Nevada, from January 9th to January 12th, 2024. iPhygital will offer free digital business cards to booth visitors along with NFC cards. These digital cards will be created based on mutual understanding and will be valid for a limited time. The digital card recipient can share their contact details with others. However, users do so at their own risk, and we will not be responsible for any potential damage.

If you have any questions or concerns regarding this Agreement, or if you believe that any of your personal rights have been compromised by the Services, please contact us at sales@iphygital.ai.