Terms & Conditions

Greetings from www.ivyamplify.com (the “Website”).

The Website is a B2B website owned IVY Amplify Technology Ltd., a company incorporated under the laws of the United Arab Emirates whose registered address is 1101, Index Tower, DIFC, Dubai, 506799, United Arab Emirates (“IVY”).

You are required to first carefully read as well as fully understand the provisions of these Terms which are applicable when You view/access/use (collectively “use” or “using”) the Website and/or participating in the Service (as defined later) from any computer, computer device, mobile or smart phone. Please also carefully and fully read and understand IVY's Privacy Policy available at the link (“Privacy Policy”), which is incorporated in these Terms by reference.

If, for any reason, You do not agree to these Terms, Privacy Policy and/or other Website guidelines and policies (Privacy Policy and/or other Website guidelines and policies collectively referred to as “Our Policies”) as communicated to You when You use the Website and/or participate in the Service or wish to be bound by any of them, please do not use the Website and/or participate in the Service in any way whatsoever. By using the Website and/or participating in the Service, You have indicated to Us that You expressly acknowledge, understand as well as fully agree, to be bound by these Terms and Our Policies, irrespective whether You register with the Website or not. In the event of any conflict between these Terms and Our Policies, the provisions of these Terms shall prevail.

Every time You use the Website and/or participate in the Service, You confirm Your agreement with these Terms and Our Policies.

1. Definitions

In these Terms the following expressions shall have the following meanings:

(i) “Artist” shall mean a person, a record label, a publisher, a company, or any organization/entity anywhere in the world that has registered with IVY to participate in the Service.

(ii) “Distribution Partners” shall mean global digital music distribution partners such as Spotify, Apple, Amazon, Tencent, etc.

(iii) “Net Receipts” shall be the payments received from IVY's Distribution Partners every time a Track is sold to, downloaded or streamed by or otherwise distributed to a customer of the Platforms, less a 10% collection and administration fee.

(iv) “Platforms” shall mean various digital/online music distribution platforms/applications owned and managed by various Distribution Partners, which shall include but is not limited to, streaming audio and/or streaming video services, full-track audio download services and ‘radio’ type mobile applications.

(v) “Report” shall mean the financial statements sent from IVY to the Artist detailing Consideration payments and Track consumption analytics.

(vi) “Consideration” shall refer to a monetary sum (royalty) paid by IVY to the Artist in respect of every individual sale, download or streaming of a Track by any customer of the Platforms.

(vii) “Service” shall mean the proprietary digital audio and/or digital video and/or digital audio-video distribution service offered by IVY whereby the Tracks of the Artist are made available to the Platforms and administration of such Tracks is managed by IVY on behalf of the Artist.

(viii) “Tracks” shall mean the individual digital audio and/or digital video and/or digital audio-video recordings provided by the Artist to IVY for the commercial exploitation thereof through the Platforms.

2. Purpose & Scope

(i) The Website is as a digital/online technology platform which provides the Artist with the facility to log on to the Website, create an account with the Website and upload the Tracks on the Website and participate in the Service and get the Tracks exploited through such Platforms and in such territories as selected by the Artist through the Website.

(ii) You irrevocably grant to IVY, throughout the world and during the Term (as defined later), the non-exclusive right:

a. to case to sell, copy, reproduce, communicate to the public, distribute and otherwise exploit through the Platform, the Tracks by all means and media (whether now known or existing in the future);

b. to collect all revenue/income deriving from the above;

c. to use the name, alias, pseudonym, photographs and likenesses, artwork images, biographical and other information provided by You on the Website and Services; and

d. to authorize the creation, use and exploitation of content provided by You for the exploitation of the Tracks as envisaged hereunder.

(iii) For every commercial exploitation of the Tracks, the Artist will be paid Consideration as stated in these Terms.

(iv) It is hereby clarified that IVY is not the creator or publisher of the Tracks or any content related thereto and posted by the Artist on the Website and only provides the Artist with a technology platform to facilitate such Artist to upload their Tracks and publish related content for its commercial exploitation through the Platforms.

3. Eligibility

(i) In order to use the Website, You must be of a minimum age of 18 (eighteen) years or not of a minor age in the jurisdiction from where You use the Website or that You have the required parental consent to access the Website. Using the Website may be prohibited or restricted in certain jurisdictions outside of India. If You use the Website from such prohibited/restricted jurisdiction, You are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof. Further, by using the Website, You hereby represent and warrant to IVY that You have all right, authority and capacity to enter into these Terms and abide by all of the terms and conditions thereof as well as of Our Policies. IVY reserves its right at any time to request You to evidence Your age in order to ensure that minors are not using the Website. IVY further reserves its right to suspend, whether temporarily or permanently, Your Website usage if satisfactory proof of Your age is not provided to IVY or if IVY suspects that You are a minor.

(ii) You hereby represent that You are in control of the device through which You use the Website and that You are entitled to use such device. In case this device is owned by another person or entity, You hereby represent that You have the authority from such person/entity to use such device to access and use the Website.

(iii) Subject to these Terms, IVY hereby grants You a personal, limited, revocable, non-exclusive, non-licensable, non-sublicensable, non-transferable and non-assignable license to use the Website strictly and solely for the purpose as envisaged under these Terms. Further, You are not permitted to rent, license, sub-license, lease, sell, redistribute or transfer Your Website account to any third person or entity anywhere in the world.

(iv) Nothing in these Terms permit You, whether directly or indirectly, to or make any attempt to copy, reverse engineer, decompile, disassemble, attempt to derive the source code of the Website or modify or create any derivative works of the Website or any part thereof in any mode or media. Any attempt to do so will be considered as a gross violation of IVY's intellectual property, including violation of IVY's intellectual property rights, including copyright. Any breach by You of such restriction, will be treated as material breach of these Terms and accordingly You will be subject to prosecution and damages as per applicable laws, including the Indian Copyright Act, 1957 and rules made thereunder and as may be amended from time to time.

4. Registration & Collection of Data

(i) In order to use the Website, the Artist is required to register on the Website and sign in using Artist’s personal login details such as a login name, mobile number and/or password. IVY may request the Artist to provide certain information about its business, music or certain third parties related to the Tracks. It is completely optional for the Artist to provide such information to IVY, however the Artist acknowledges that without the provision of such information, IVY may be impaired in its ability to deliver the Service and the Reports or may not be able to effectively deliver the Service or the Reports. In such instance IVY shall bear no liability for a full or partial failure to deliver all or part of the Service.

(ii) The Artist may also be asked to allow IVY to collect its location information from the device when the Artist uses the Website. In addition, IVY may collect and store any personal information that the Artist provides while using the Website or in some other manner. When you submit information to IVY, You understand and agree that IVY and its business partners may use, transfer, store and process such information in any of the countries in which IVY and its business partners maintain offices. For more information regarding the type/nature of information IVY collects and how it is used, please refer IVY's Privacy Policy available at www.ivyamplify.com .

(iii) The Artist shall always keep its account details strictly private and confidential and should not disclose to or permit to be used by anyone else and the Artist is solely responsible and liable for any and all usage and activity on the Website that takes place under its account. The Artist agrees to immediately notify IVY of any disclosure or unauthorized use of its log-in or any other breach of security at www.ivyamplify.com and ensure that the Artist logs-out from its account at the end of each session.

(iv) The Artist shall provide IVY with its bank details to enable IVY to make the payment of Consideration. It is Artist’s responsibility to notify IVY if its payment method has changed by making the appropriate changes to its Website account settings. If the Artists does not provide a valid payment method as prompted by the Website, the Artist’s account may be disconnected or interrupted at IVY's sole discretion.

(v) The Artist and shall be responsible for providing accurate information and responses to any information requested by IVY from time to time till the Artist has an account with the Website. Failure by the Artist to provide any accurate and up to date information to IVY may result in the removal of the Artist’s Tracks from the Website/Service and/or suspension of the Artist from the Website/Service and/or suspension of any Consideration payments to the Artist.

(vi) In exchange for permitting the Artist to participate in the Service, the Artist shall pay to IVY a monthly membership fee of 10% of the earned Consideration in such currency, or by such means, as notified by IVY from time to time. Such membership fee shall be non-refundable and non-transferable. If for any reason You fail to make the said payment, IVY will be entitled to recoup, at its sole discretion, the said membership fee, by any means necessary, including the right to collect any resulting Consideration until the said fee is fully recouped.

(vii) By agreeing to these Terms, the Artist grants IVY the permission to send electronic communications to the Artist as part of IVY's offering. This includes but is not limited to sending emails, WhatsApp messages, SMSes, newsletters, notifications and promotional offers from IVY and the Platforms and Distribution Partners. Should the Artist no longer wish to receive such electronic communications, the Artist may write to IVY at www.ivyamplify.com.

(viii) By posting the Tracks, including any content relating thereto, to any profile pages or public area of the Website/Service, You grant IVY, unconditionally and in perpetuity, and represent and warrant that You have the right to grant to IVY, an irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, publicly perform, publicly display and distribute the same, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, IVY may modify, add or vary existing features or programs of the Website or create, add, test or implement new features or programs on the Website in which You may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant IVY an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to the terms of these Terms.

5. The Service

(i) The Service is a limited, personal, revocable, non-exclusive, non-licensable, non-sublicensable, non-transferable and non-assignable commercial digital music distribution service.

(ii) IVY shall manage and facilitate the distribution of the Tracks uploaded by the Artist on the Website to the Platforms on behalf of the Artist.

(iii) The Platforms may make the Tracks available to their customers as part of a commercially available/distribution music service.

(iv) IVY will use its best endeavors to distribute the Tracks to as many Platforms as possible as identified by the Artist, however, IVY makes no guarantee that any Track (or Tracks) will be made available on any specific Platform or Platforms or be subject to any favourable terms or be subject to any condition.

(v) IVY does not in any way recommend or endorse any Platforms to the Artist. The Artist shall be responsible to convey to IVY, through the Website, all such Platforms as it may prefer for the commercial exploitation of its Tracks through such Platforms.

6. Payment

(i) The Platforms offer digital/online music services to their customers. These services may include many different types and genres of music in various languages and various distribution ways in which to offer such music (for example, but not limited to streaming audio/video/audio-video, full-track download and kiosk services). Within these services, the Platform customers may be offered different tiers of service (for example, but not limited to, advertising funded, advertising free, subscription, pay-per-download, mobile access, streaming etc) that, in turn, offer different degrees of functionality to the customers. Often these different types of services will be charged at different rates to the customers. Accordingly, the Consideration paid to the Artist will differ depending on these variables and depending on the Platform and territory chosen by the Artist. The Artist hereby acknowledges and agrees that there is no uniform value for payments across services and/or Platforms and the same shall be reflected in the Consideration paid to the Artist, which will vary from Platform to Platform. Where such variances do occur, they will be detailed in the Reports.

(ii) IVY shall pay 90% of Net Receipts as Consideration to the Artist subject to deduction of applicable taxes upon receipt of tax invoice from the Artist.

(iii) Consideration paid shall be initiated monthly within 30 working days of payment to IVY of the Net Receipts from the Platforms.

(iv) Consideration payment will be detailed in the Reports which will be available on the Website and as may be updated from time to time.

(v) IVY will endeavour to provide accurate and timely Reports on a regular and updated basis in accordance with the supply of data and analytics from the Platforms.

(vi) The Artist shall have a maximum of 14 calendar days from receipt of the Consideration to dispute such payment, failing which the same shall be deemed accepted by the Artist.

7. Intellectual Property

(i) All perpetual and worldwide rights, title and interests, including all intellectual property and intellectual property rights, in and to the Website, except for the Tracks and related content uploaded by the Artist, is owned by and is proprietary to IVY. Nothing in these Terms shall be construed to grant any right, title and/or interest in and to the Website and/or the Service or any part thereof to You. You confirm and agree that IVY or its licensors are the owner of the proprietary information made available to You through the Website/Service and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all content provided on the Website/Service, except to those proprietary to any artists registered on the Website.

(ii) Other Website users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.

8. Confidentiality

You acknowledge and agree that, in the course of negotiating and transacting with IVY as envisaged hereunder, You may become aware of certain otherwise confidential information related to IVY's business and business practices. Except to the extent that such information is otherwise generally available to third parties or is in the public domain or is required to be divulged by operation of law, You agree to keep such information strictly confidential. You hereby expressly agree that IVY shall have the right to provide information relative to the exploitation of Your Tracks hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner.

9. Representations & Warranties

The Artist hereby irrevocably warrants and represents that:

(i) all information provided to IVY shall be provided in accordance with all applicable data protection legislation;

(ii) it has the full right, power and authority to agree to these Terms;

(iii) no consent, approval or authorisation of any other person, company or organization or entity anywhere in the world is required for its agreement to these Terms;

(iv) the Track, including all related information uploaded by the Artist to the Website or provided to IVY is the sole and exclusive property of the Artist and is an original work as understood under the laws of copyright and does not and shall not infringe any copyright, patent, trademark, trade secret or any other intellectual property right, including any right of privacy and any other proprietary right of any third party anywhere in the world, and that all such Tracks shall comply with all applicable laws;

(v) it will not use the Website or Services to transmit, route, provide connections to or store any material that infringes, violates or otherwise promotes the violation of the intellectual property rights of any third party anywhere in the world;

(vi) it will not engage in (or to permit, encourage, enlist or employ any third party to engage in), activities that, in IVY's sole discre tion, constitutes Track Manipulation. “Track Manipulation” means any activity/method which involves a human, bot or any other artificial person to stream, download, purchase or otherwise exploit any Track of the Artist, where such access does not represent bona fide end-user listening and/or access in order to generate Consideration paid to the Artist or artificially improving Track positioning, increase Track views, or for any other fraudulent or dishonest purposes;

(vii)You will use the Website and Services solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with Your use of the Website and Services; and

(viii) it has obtained any necessary permissions, third party licenses and/or other consents (including, but not limited to, publishing rights, broadcasting rights, distribution rights and digital rights) required to comply with these Terms;

10. Indemnity

You shall defend, indemnify and hold harmless IVY, its directors, officers, agents, employees, shareholders, partners and independent contractors from and against all claims, liabilities, suits, losses, damages and expenses, including, without limitation, costs and reasonable legal fees (collectively, “Claims”) relating to or resulting from (a) any actual or alleged infringement of any copyright, patent, trade secret, or any intellectual property right, including any right of privacy or any other proprietary right of any person anywhere in the world by inclusion of the Track in the Website/Service; (b) Your failure to make any third party payments, including any royalty payments, if applicable pertaining to the Tracks; (c) any breach of any representation, warranty, term, condition or undertaking of these Terms by the You or by any person acting under Your authority. The foregoing indemnity provision shall survive the expiry or termination of these Terms.

11. Disclaimer & Limitation of Liability

(i) Your use of the Service and the Website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from the participation in the Service and the use of the Website. You agree that IVY and its service providers, including telecommunications and network service providers, will not be liable for any liability or damages arising out of your use or your inability to use the Service and/or the Website, and you hereby expressly waive and disclaim any and all claims with respect thereto, and whether based on contract, tort or any other grounds.

(ii) To the maximum extent permitted by applicable law, IVY has provided the Website and the Service on ‘AS IS’ and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Website/Service or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. IVY does not warrant that the use of the Website/Service will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the Website/Service will be corrected or result in the desired results. IVY disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Website/Service at all times and the results of the use thereof.

(iii) Opinions, advice, statements, offers, or other information or content made available through the Website/Service, but not directly by IVY, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. IVY does not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website/Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than IVY.

(iv)Any content provided on the Website/Service may be compiled or sourced from various third-party external sources, including without limitation IVY's licensors. No representation or any warranty is made or given as to the completeness and/or accuracy of such content. The Website/Service may contain typographical errors, incomplete or out of date content. You acknowledge and agree that IVY and its licensed/authorized third party content providers reserve the right to correct any such typographical errors. By using the Website/Service, You agree that IVY is not responsible or liable for examining or evaluating any such content or its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such content provided on the Website/Service. IVY does not warrant or endorse and does not assume and will not have any responsibility or liability to You or to any other third person or entity for any content, products and/or services of IVY's or of third parties hosted on or made available through the Website/Service.

(v)Your use of the Website/Service, including all content You publish, if permitted by IVY, must comply with all applicable laws and regulations. You agree that IVY may access, preserve and disclose Your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with applicable laws, requests or orders from law enforcement agencies, appropriate authorities or for any legal process or proceeding; (ii) protect or defend IVY's, other Website users or any third party’s rights; (iii) enforce any terms of these Terms and/or Our Policies; (iii) in support of any fraud/ legal investigation/ verification checks; or (iv) respond to Your requests for customer service or allow You to use the Website/Service in the future. IVY assumes no responsibility or liability for any deletion of or failure to store any of Your content.

(vi) From time to time, IVY may offer new features or tools which its Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at IVY's sole discretion. The provisions of this clause shall apply with full force to such features and tools.

(vii) IVY reserves the right to modify, update, supplement, limit, discontinue, remove or disable access to the Website/Service and/or any products and services available therefrom without any prior notice to You and IVY shall not be liable to You or to any third party should it exercise such rights.

(vii) IVY accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the Website/Service.

(ix) IVY reserves the right to change the Website/Service at its sole discretion, including these Terms, and You should check these Terms regularly for any changes.

(x) To the maximum extent permitted by applicable law, in no event will IVY be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Website, result of using the Website including, without limitation, damages for recommendation of the Website, outcome of verification checks, loss or corruption of data, including Tracks, or programs, service interruptions and procurement of substitute services, even if IVY knows or has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will IVY be liable for any liquidated or punitive damages.

12. Express Acknowledgment

(i) You expressly acknowledge and agree that in providing the Services and payments of Consideration as envisaged hereunder, IVY will be required to enter into certain agreements with various Distribution Partners/Platforms. The selection of thereof shall be within the sole discretion of IVY. You agree that the Terms of Service shall be subject to any applicable terms and conditions of such other agreements that IVY enters into with respect to such Distribution Partners/Platforms. You expressly acknowledge that certain Distribution Partners/Platforms may, with respect to audio, audio-visual recordings, require that Your audio, audio-visual recordings be made available on their websites at certain times and in certain formats relative to the availability of such materials elsewhere in the marketplace. To the extent that such requirements are not met, any Distribution Partner/Platform may have the right to discontinue the availability of such audio, audio-visual recordings. IVY will, upon Your written request, provide You with the current specifics of such requirements.

(ii) You expressly acknowledge and agree that IVY shall have the right to authorize the creation, use and exploitation of Yours embodying Your Tracks, artwork, and other content and materials provided by You in connection therewith, as permitted and enabled by the features of the applicable Distribution Partners/Platforms You opt to distribute/exploit Your Tracks. Such content includes, but is not limited to: (i); audio or audiovisual “remixes” which combine two or more recordings which may be edited together, mixed, remixed, edited or “mashed up”; (ii) videos and visual images synchronized in time relation with musical recordings (iii) visual or audiovisual material which manipulates still or visual images through editing and filters and (iv) other adaptations, alterations and manipulations of the Tracks, artwork and other material provided by You, by third parties. Notwithstanding the foregoing, You hereby expressly waive any moral rights that may be afforded to You under the laws of any country either as an author, composer, performer, producer or in any other capacity in connection with the Tracks hereunder.

(iii) You expressly acknowledge and agree that IVY reserves the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your Website account if You undertake any of the following acts:

(a) breach these Terms, Privacy Policy or Other Policies;

(b) abuse, impersonate or defame IVY or any Website user or any of IVY's Distribution Partners or Platforms;

(c) make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by IVY without IVY's specific prior written consent;

(d) use the Website in an illegal manner or commit an illegal or unlawful act or use the Website in any manner not expressly authorized by IVY;

(e) access the Website from a jurisdiction in which it is illegal or unauthorized or barred;

(f) undertake, ask, solicit or use Website users to conceal the identity, source, or destination of any illegally gained money, services or products;

(g) use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the Website;

(h) collect any personal information, including contact details, of any Website users by forcing any Website user by electronic or any other means and for any purpose, not expressly permitted under these Terms;

(i) send any unsolicited email or any other communication to any Website user in any way whatsoever not expressly permitted under these Terms;

(j) undertake any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without IVY's prior written authorization;

(k) interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;

(l) email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website;

(m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of any third party software);

(n) use meta tags, code, progra ms or other devices, tools or technology containing any reference to IVY or the Website (or any trademark, trade name, service mark, logo or slogan of IVY) to direct any person to any other Website or application for any purpose;

(o) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;

(p) post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the Website other than solely in connection with Your use of the Website in accordance with these Terms;

(q) upload, submit, post, email, or otherwise transmit, via the Website or Services, any Tracks or other related content and materials that are, in the sole opinion of IVY, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity/pornography, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable; or

(r) instruct or encourage any other individual to do any of the foregoing or to breach and/or violate any of the Terms of Service.

13. Term

These Terms shall apply at all times while You use the Website.

14. Suspension / Termination & Consequences

(i) You acknowledge and agree that IVY reserves its right to disable access to and/or terminate Your account and/or remove or disable access to any Tracks or any associated content You provide on the Website in the event that IVY receives any claim that would constitute a violation of Your representations and warranties hereunder.

(ii) IVY reserves the right to take such action as it deems appropriate against any Artist who violates any provisions of these Terms. In such cases, services (including your username and password, access to the Website, Service, Platforms or other services) may be limited, interrupted or terminated without notice to you.

(iii) IVY may terminate or suspend Your Website account at any time for reasons as mentioned in these Terms.

(iv) You may terminate Your Website account at any time and for any reason by deleting Your profile and Website account.

(v) After Your Website account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

(vi) You acknowledge that IVY reserves the right to terminate or delete or suspend Your Website account in case it remains ‘inactive’ for a duration as determined by IVY in its sole discretion.

(vii) If IVY terminates, deletes or suspends Your Website account because You have breached these Terms or Other Policies, You will not be entitled to any payment of Consideration or refund of any amount.

(viii) Following termination of these Terms, IVY will only retain and use Your information in accordance with these Terms.

15. Miscellaneous

(i) Entire Agreement: These Terms constitutes the entire agreement between You and IVY regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and IVY.

(ii) Amendment: IVY reserves the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms as applicable to You.

(iii) Survival: Termination, deletion or suspension of Your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.

(iv) Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same and any competent courts situated at Mumbai, India shall have the exclusive jurisdiction and You waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

(v) No Assignment: These Terms are personal to You. You cannot assign any of Your rights and/or obligations, whether partly or fully, to any third party.

(vi) Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.

(vii) Waiver: No waiver of any term, provision or condition of these Terms by IVY, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.

16. Contacting IVY

Please contact IVY by email on info@iconamplify.com for any questions or comments regarding the Website, Website service, these Terms or Our Policies. You may also contact IVY in writing at the address 1101, Index Tower, DIFC, Dubai, 506799, United Arab Emirates.