Last updated on: January 28th, 2016
These Terms of Service (the “Terms”) are an agreement between you, a user of our website or applications and Affinity Executive Search Inc. DBA iChrome (“iChrome”, “us”, “we”, or “our”).
Any new features which are added to the Services, including updates, upgrades, or new services, shall also be subject to the Agreements. You can review the current version of the Agreements at any time at https://ichro.me/tos. iChrome reserves the right to update and change the Agreements by posting updates and changes to the iChrome website. You are advised to check the Agreements from time to time for any updates or changes that may impact you.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 9 to resolve any disputes with iChrome (except for matters that may be taken to small claims court).
If everyday language summaries are provided along with these terms, they are for convenience only and are not legally binding.
These terms are an agreement between you and us that you agree to by using iChrome. They also apply to anything we add to iChrome later.
If you're in the U.S., you agree to the Arbitration Agreement.
These summaries aren't legally binding.
1. Account terms
- You must be at least 13 years old to use the Services.
- You may cancel your account at any time by emailing email@example.com and then following the specific instructions indicated to you in iChrome’s response. We may terminate your account at any time for any reason or no reason. Upon termination of your account, your tabs, widgets, themes, and other data stored in your account will be deleted, however copies of such data may exist in other locations and services we use.
- You acknowledge that we may use the email address you provide to communicate with you.
- You are responsible for keeping your account and any methods you use to login secure. iChrome cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and login methods.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded or stored under your account. You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms as determined at the sole discretion of iChrome may result in an immediate termination of your account and access to the Services.
No one under 13 can use iChrome. You're responsible for your account and can cancel it.
We might email you and, if you don't follow the rules, we could shut down your account.
2. Our services and paid subscriptions
iChrome provides services offering tools and other content. Certain iChrome services are provided to you free of charge. Other iChrome services require payment before you can access them. The iChrome services that may be accessed after payment are currently referred to as the “Pro services” (“Pro”). The iChrome service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website. Note that Pro may be discontinued in the future, in which case you will no longer be charged for the Services.
We provide services with tools and other content. Some things are free, others you need to pay for (Pro).
3. Rights we grant you
The Services are the property of iChrome. We grant you a limited, non-exclusive, revocable license to make use of the Services. This License shall remain in effect until and unless terminated by you or iChrome. You promise and agree that you will not redistribute or transfer the Services.
The iChrome software applications are licensed, not sold, to you, and iChrome retains ownership of all copies of the iChrome software applications even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices. You may not reverse-engineer, decompile, disassemble, modify, redistribute, or create derivative works based on the Services or any part thereof unless permitted by applicable law.
You may not use the Services in any manner that could damage, disable, overburden or impair them, nor may you use the Services in any manner that could interfere with any other party’s use and enjoyment of them. You agree that you will use the Services for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Services will terminate immediately if you violate any provision of the Agreements. Upon termination, you may no longer use the Services.
iChrome is ours, even after you install it. Don't redistribute iChrome or damage it by doing things like attacking our servers
If you provide feedback, ideas or suggestions to iChrome in connection with the Services, you acknowledge that the Feedback is not confidential and you authorize iChrome to use that Feedback without restriction and without payment to you.
We can do whatever we want with feedback or suggestions you send us
5. Third Party Applications
The Services are integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that iChrome does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
iChrome works with other services, but that doesn't mean we endorse them and they might have their own terms and conditions
6. Service limitations and modifications
iChrome will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, iChrome reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that iChrome has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services.
We try to keep things running the way they are, but we're allowed to change them without telling you and if things go down we aren't liable
7. Customer and technical support
For customer and technical support (“Support Queries”), please submit a ticket to us by emailing firstname.lastname@example.org. We will make reasonable endeavors to respond to all Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
We'll try to provide support, but we don't guarantee that we'll always respond quickly (or at all) or make everyone happy
8. Payments and cancellations
Pro can be purchased by paying either a monthly or yearly subscription fee. When you register for Pro online, you consent to get access to Pro services immediately.
Your payment to iChrome (or to a third party through whom you purchased Pro) will automatically renew at the end of the subscription period, unless you cancel your Pro subscription through your subscription page before the end of the current subscription period. The cancellation will take effect immediately and you will be downgraded to the Free Service. However, if you cancel your payment or Pro subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.
A full or prorated refund of all monies paid for the current subscription period may be available at our sole discretion after you contact us by emailing email@example.com.
iChrome may change the price for Pro from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Pro will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services or cancelling your Pro subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
You can buy Pro and we'll charge you until you cancel. If you cancel you'll be downgraded immediately, but you won't get an automatic refund. If you ask we can give you one, but we don't guarantee it.
We can change the price of Pro, but we'll let you know and give you a chance to cancel before you're billed.
9. Arbitration Agreement
YOU AND ICHROME 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. Further, unless both you and iChrome agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
You agree that disputes between you and us will be handled via arbitration and not in court. You waive your right to be part of a class action lawsuit.
10. Warranty and disclaimer
WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ICHROME MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ICHROME DOES NOT WARRANT THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ICHROME MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT ICHROME IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR CONTENT OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ICHROME SHALL CREATE ANY WARRANTY ON BEHALF OF ICHROME IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
We try to provide good services, but they're not perfect. We don't guarantee them to bug-free or content (like links) in them to be safe.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY ICHROME SOFTWARE AND TO STOP USING THE SERVICES. WHILE ICHROME ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ICHROME, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICHROME, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ICHROME HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO ICHROME DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits iChrome’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
If you're not happy with iChrome, you can uninstall it. We're not responsible if your data is lost so you should always keep backups.
Again, we're not responsible, but if something goes really wrong we might pay you up to the amount you paid us in the past 12 months.
12. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and iChrome, the Agreements constitute all the terms and conditions agreed upon between you and iChrome and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Services may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
13. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by iChrome to enforce the Agreements or any provision thereof shall not waive iChrome’s right to do so.
If anything here isn't valid, the rest is still good. If we don't enforce something here at one time we're not saying we can't later.
iChrome may assign the Agreements or any part of them, and iChrome may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
We're allowed to assign our agreements with you to someone else, but you can't.
This isn't in the terms, but we plan on incorporating under our own company soon and we'll need this to transfer everything.
To the fullest extent permitted by applicable law, you agree to indemnify and hold iChrome harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the Services; and (3) your violation of any law or the rights of a third party.
You hold us harmless for any expenses if you breach this agreement, do something bad with iChrome, or break the law
16. Governing law and venue
The Agreements are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
These terms are governed under Florida law
17. Contact information
If you have questions, email us at firstname.lastname@example.org