Terms of Service

Last Updated Date: June 1, 2023

We are Ion Card, a Gohilo Inc. company – a Delaware corporation, known as “IonCard,” “we,” “our,” or “us.” Our mission is to revolutionize how the world connects! Through our software, mobile application, and website (collectively referred to as the “Platform”), we provide products, services, and technologies (“Products”) that enable users (“Users”) to organize, display, and share information with their contacts through our software, mobile application, and website (collectively, “Platform”). 

By accessing or using our Platform, Products, or services, you (individually or on behalf of the entity you represent, referred to as “User”) agree to abide by these Terms of Service (referred to as “Terms”) and our Privacy Policy. You acknowledge and agree that these Terms and Policies govern the services through the Platform, including our website (“Site”) and mobile application. If you do not agree to these Terms (or the other Policies), you must refrain from accessing the Platform. If you are under the age of 16, you may not use the Platform. If you access the Platform on behalf of an organization or company, you confirm that you have the legal authority to bind such organization or company to these Terms.

Please note that these Terms are subject to change by us, at our sole discretion, without prior written notice. Any modifications to the Terms will take effect as of the “Last Updated Date” or “Last Revised Date” indicated on the Platform. It is important that you review these Terms before purchasing or using our Products, Platform, or Services available through the Platform. Your continued use of our Products, Platform, or Services after the “Last Updated Date” or “Last Revised Date” constitutes your acceptance and agreement to the revised Terms.

If you have any questions or concerns regarding these Terms of Service or any other related matters, please contact us. We’re here to assist you in any way we can.

The Platform and Our Services

These Terms govern all of our services, including the use of our Platforms and associated services (referred to as “Services”). Our Platform enables Users to create, design, maintain, and share social media/networking style profiles or card pages (referred to as “Cards”). Users have the ability to upload and post various types of Content on these Cards. Users may also search, view, and share Cards created by other Users, including individuals or entities. Depending on the Services or subscription level associated with an Account, Users may manage their own Card or appoint an administrator to manage it, as is the case with our IonCard for Business Teams. It is important to note that when interacting with other Users on the Platform or sharing your Card with others, you assume certain risks. You are solely responsible for your decision to use the Platform or communicate on or through the Platform, and you will be held liable for all actions taken on the Platform.


Your Account

You are responsible for your use of the Platform and any activity carried out using your account (referred to as “Account”). We offer different subscription levels for Platform Accounts, each granting varying degrees of access to Services or features. Your right to use and access the Platform may be subject to a specific subscription level, which, at most, grants you a non-exclusive, non-transferable, revocable license to use and access the Platform and associated Services in accordance with the Terms and applicable subscription level. By subscribing, you agree to pay the applicable fees as specified on the Platform. All fees are non-refundable unless otherwise stated. When making a payment, you agree to provide accurate, current, and complete payment information. You authorize us to charge your selected payment method for all applicable fees. You are responsible for any taxes or additional charges associated with your payment. You may not assign or transfer your Account to any other individual or entity without obtaining our prior written approval. We may establish policies and practices governing the use of the Platform, including policies that may involve deleting or removing Content or data, terminating inactive Accounts or Cards, and implementing other policies and practices at our sole discretion. You acknowledge that we reserve the right to modify these general practices and limits at any time, with or without prior notice. The Platform is not available to Users or Accounts that are temporarily or permanently suspended. We retain the right to deny access to the Platform or terminate any User’s Account at our sole discretion, without specifying a reason. It is your responsibility to maintain the confidentiality of your password and Account information, and you will be fully accountable for any activities associated with your Account. You agree to promptly notify us of any unauthorized use of your Account or any other breach of Account security. We are not responsible for any unauthorized access to your Account by third parties resulting from theft or misappropriation. You shall indemnify us against any Losses arising from your failure to comply with these Terms, other IonCard Policies, or applicable law.

Posting Content; Intellectual Property Rights

As Users of our Platform, when you upload, post, publish, transmit, or display any information, descriptions, pictures, links, data, text, media, comments, or other materials (referred to as “Content”) through our Services or on the Platform (referred to as “Post”), please note that this Content may be shared with other Users. By submitting any Content to us or posting it on the Platform or through the Services, you represent and warrant that you either own all the rights to the Content or have the necessary licenses, permissions, and consents, including those related to any Personal Information (as defined in our Privacy Policy), to grant us the license described below. By posting any Content, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, freely transferable, sub-licensable license to copy, display, transmit, perform, store, modify, and otherwise use the Content in connection with the operation of the Platform, the Services, our other Products or Services, or their promotion, advertising, or marketing, in any form, medium, or technology, whether known or developed in the future. You also represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

While we are not obligated to review the Content posted by our Users on the Platform or through the Services, we reserve the right to do so, with or without notice, to prevent or rectify any alleged violations of these Terms, our Policies, or applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display any Content and may remove or delete all or any portion of such Content at any time. You understand that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content, and we do not assume any responsibility for it. You may come across Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us in relation to such Content. Any Content you post on the Platform or through the Services is not considered confidential and will be treated as public information, intended to be shared with other Users and third parties. We have no control or liability over what other Users do with your Content or Posts.

You acknowledge that the Platform and Services may contain images and descriptions that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws, either as third-party or User Content. We retain all rights to our intellectual property and the intellectual property licensed to us from third parties. You agree not to copy, modify, scrape, distribute, create derivative works, or perform any other action on the Platform, Services, Content, or our intellectual property that is not explicitly authorized by these Terms or our Policies. Any use of the Platform or Services that is not specifically permitted in these Terms or our Policies is strictly prohibited. Any goodwill generated from the use of our intellectual property, including the Platform, will exclusively benefit us. We reserve all rights not expressly granted herein. The names and logos of other companies, products, and services used and displayed on the Platform or via the Services may be trademarks or service marks of their respective owners, who may or may not endorse, be affiliated with, or be connected to us.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Products, Platform, or Services (referred to as “Submissions”) provided by you to us are non-confidential. We have the right to use and disseminate these Submissions without any restrictions, for any purpose, commercial or otherwise, without acknowledging or compensating you. If you disagree with your Content being considered public and non-confidential, you must refrain from using our Platform or Services.

Third-Party Services

Our Platform, as well as the various Card Pages, Posts, and Content on the Platform, may include links to other websites or services provided by third parties (referred to as “Third-Party Services”). By using our Platform or Services, you acknowledge and agree that we may provide your Content to, or receive content from, providers of certain Third-Party Services. These Third-Party Services are provided on an “AS IS” basis without indemnification, support, or warranty of any kind, and these Terms do not apply to your use of such Third-Party Services. We do not control the Third-Party Services, and we are not responsible for them. It is your responsibility to evaluate whether you want to access or use such Third-Party Services.

Your Responsibilities

You are solely responsible for any Content that you Post on the Platform or through the Services. We reserve the right to investigate, take legal action, or perform any other necessary action to manage our Platform, Services, your Content, or Posts on the Platform. This may include preserving information for investigative purposes. The following are examples, but not an exhaustive list, of prohibited Content, Posts, or use of the Platform or Services:

  • Providing Content or Posts that are unlawful, harmful, violent, illegal, infringing on third-party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, or engaging in any other unwarranted or illegal behavior.
  • Providing Content or Posts that violate any law, rule, or regulation, including anti-spam, data privacy, or other restrictions that may apply to your use of the Platform or Services.
  • Creating derivative works or reverse engineering any part of our Platform or Services, or putting an unreasonable load on the Platform or Service infrastructure, or disrupting any network connected to the Platform or Services.
  • Copying, scraping, harvesting, or using automated systems to collect contact information from the Platform or Services.
  • Selling or transmitting anything that you do not have the right to sell or transmit under the law or an existing relationship.
  • Posing a privacy or security risk.
  • Infringing on anyone’s intellectual property rights.
  • Spamming Users with email, junk mail, fraud schemes, or similar activities.
  • Transmitting or uploading viruses, worms, or otherwise interfering with our Platform or Services.
  • Taking any action or inaction that we, in our sole judgment, deem questionable or that could cause harm or liability to us, our Products, our Platform, or our Users.
  • Using the Platform or Services in a manner that could damage, disable, overburden, or interfere with any other party’s use and enjoyment of the Platform or Services.

Infringement Policy

We value and respect the intellectual property rights of others and expect our Users to do the same. While we are not obligated to do so, we will make reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws. If you believe that your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide us with the following information:

  • Confirmation that you are the owner of the intellectual property or are authorized to represent the owner.
  • Identification of your work that has been infringed.
  • Identification of the infringing Content.
  • A statement asserting that you believe the use of the Content is unauthorized.

If your Content has been removed due to a claim of infringement, and you believe it is not infringing, please provide us with the following information:

  • Confirmation that you are the owner of the intellectual property or are authorized to represent the owner.
  • Identification and description of the removed Content.
  • A statement made in good faith regarding ownership of the intellectual property.
  • Your contact information.

We will make every effort to resolve notices within 14 business days and will provide the original complainant an opportunity to seek a court order against the counter-claiming party. If no such order is sought, we may allow the original Content to be reposted. For any infringement-related issues, please contact us by email at account@ioncard.net (Subject line: Takedown Request) or by mail at: Ion Card / Gohilo, Inc., Attn: Legal, 2140 S. Dupont Highway, Camden, DE 19934.

Limitation on Liability

We want to make it clear that we have certain limitations on our liability. We are not responsible for:

(a) any Content posted on our Platform or through the Services;

(b) interactions or communications that may occur between Users;

(c ) any losses that result from your use of the Platform or the Services;

(d) any negative or critical comments that other Users may post on the Platform or through the Services;

(e) any Third Party Services provided to you as part of your use of the Platform or the Services;

(f) any third-party personal information you upload, post, or provide to us under the Services or on the Platform.

You are solely responsible for your interactions with other Users, and while we reserve the right to do so, we are not obligated to get involved in any disputes between you and another User.

Indemnification

You agree to release, defend, indemnify, and hold us, our affiliates, and our stockholders, directors, officers, employees, agents, and representatives (collectively referred to as “Indemnitees”) harmless from any losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees (collectively referred to as “Losses”) incurred or sustained by the Indemnitees. These Losses may arise from your actions or inactions, your use or misuse of the Platform or the Services, your breach of these Terms or our Policies, or the infringement of someone else’s rights by you or your Account holders.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Governing Law

These Terms are governed by the laws of the State of Delaware, without giving effect to its principles regarding conflicts of law.

Binding Arbitration; Waiver of Litigation and Class Action Arbitration

By accepting these Terms, you agree to the following terms, which include an express waiver of the right to a trial by jury and the right to participate in a class action in the event of a dispute.

These Terms provide a streamlined process for resolving disputes between us and you. Most concerns can be resolved quickly and satisfactorily by contacting our support team at account@ioncard.net. If we cannot resolve your concern, you and we agree to be bound by the procedures included in these Terms or other applicable policies to resolve such disputes. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this section. Accordingly, this section shall be interpreted broadly and shall survive the termination of these Terms.

Any disputes, claims, or controversies arising from or relating to these Terms or any other policies, any product, the Platform, or Services, and their marketing, or the relationship between you and us (“Disputes”) shall be determined exclusively by binding arbitration. The only disputes not covered by this section are claims:

(i) regarding the infringement, protection, or validity of our or our licensors’ trade secrets or copyright, trademark, or patent rights;

(ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; and

(iii) brought in small claims court (which shall be brought in Camden, Delaware).

You and we shall first attempt to resolve any dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receiving written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must:

(a) include the full name and contact information of the complaining party;

(b) describe the nature and basis of the claim or dispute; and

(c ) set forth the specific relief sought. We will send our Notice of Dispute to your billing address or the email address associated with your Account. You will send your Notice of Dispute to: Ion Card / Gohilo Inc., 2140 S. Dupont Highway, Camden, DE 19934, ATTENTION: Legal Department.

If you and we cannot resolve a dispute informally, you or we may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate and applicable, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator shall decide in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, stay pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall take place in Camden, Delaware.

Severability; Headings; Non-Waiver

The unenforceability of any provision of these Terms will not affect the enforceability of any other provision or any of the other policies. If any provision of these Terms is deemed to conflict with another, we will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of these Terms, the other policies, or under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future.

Modifications

These Terms and the services described herein are subject to change by us at any time and in our sole discretion, with or without notice. We are not liable to you or any third party for any such modification or discontinuation. When changes are made to these Terms, we will make a new copy of these Terms available by posting them on our Site, the Platform, or through the Services. We will also update the “Last Revised” date at the top of these Terms. If we make any material changes, and you have registered to use the Services, we may also notify you via email or through the Platform or Services. Your continued use of the Platform or Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Platform or Services.

Termination

We may suspend or terminate your Account or your ability to access or use the Platform or Services at our discretion, without explanation, notice, or liability to us, including removing and discarding any Content or Postings, for any reason. However, we will strive to provide a timely explanation. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform or Services or your Account may be referred to appropriate law enforcement authorities. We will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms that, by their nature, should survive termination, shall survive termination.

Export Regulations

The Platform and Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You agree that you will not, and you are solely responsible for any violation of, such export control laws. Downloading and using the Platform or Services is your responsibility and at your own risk.

Electronic Communication and Documentation

By using the Platform or Services or sending emails to us, you agree to communicate with us electronically. These Terms and other Policies will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between us and you. Printed versions of these Terms, the other Policies, and the documents referenced herein will be admissible in any legal proceeding.

Notices

We will provide notices and messages to you within the Platform or through the Services, or if required, via email or regular mail. You may notify us, and your notice will be deemed delivered once received by us, addressed via mail to: Ion Card / Gohilo Inc., Attn: Legal, 2140 S. Dupont Highway, Camden, DE 19934.

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