This agreement is written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: November 24, 2015
Statement of Rights and Responsibilities This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the SVAAST, and is our terms of service that governs our relationship with users and others who enroll with SVAAST, as well as services, which we call the “SVAAST services” or “Services”. By using or accessing the SVAAST Services, you agree to this Statement.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use SVAAST for enrollment and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
Sharing Your Content and Information
For content that is collected by SVAAST teams through physical check-ups, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, worldwide license to share the data with public agencies, government institutions, hospitals and doctors. Other parties may be added later on. The data will be stored in an encrypted format.
When you stop subscription, SVAAST still owns the right to use the data and save it in it’s records for an unlimited period of time.
We always appreciate your feedback or other suggestions about SVAAST, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Registration and Account Security
SVAAST users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
You will not use SVAAST for your own commercial gain or business activities.
Parents authorize and provide consent to enroll their children that are under 18 years of age.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on SVAAST within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on SVAAST.
If you make a payment to SVAAST, you agree to our Payments Terms unless it is stated that other terms apply.
About Advertisements and Other Commercial Content Served or Enhanced by SVAAST
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your demographics and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
Your advertising or other commercial or sponsored activity or content placed on SVAAST will be initially checked and will require approval prior to publishing on SVAAST network and it will comply with our Advertising Policies.
Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless we give you express written permission.
Your continued use of the SVAAST Services, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing SVAAST services to you. We will notify you by email or at the next time you attempt to access your account.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or SVAAST exclusively in the Canada District Court for the or a state court located in Ontario, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Ontario will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on SVAAST, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP SVAAST UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SVAAST AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SVAAST WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SVAAST WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Special Provisions Applicable to Users Outside the Canada
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws.
Parents/ Guardians of the enrolled child (Minor) hereby authorize SVAAST and provide consent to collect physical measurements of their child by the assigned SVAAST team for the purpose of the data collection for the subscribed membership period.
Child above 12 years of age subscribing to SVAAST membership hereby acknowledges the need for taking physical measurements and provides consent to collect information for the enrolled period by the assigned SVAAST team.
Submission of the enrollment form by the Parents is considered acceptance of the consent clause for the purpose of collection of physical measurements and vital stats of the enrolled child for the specified enrollment period.
By “SVAAST” or” SVAAST Services” we mean the features and services we make available, including through (a) our website at www.svaast.com and any other SVAAST branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed.
By “information” we mean facts and other information about you, including actions taken by users who interact with SVAAST.
By “content” we mean information that we collected from you or your child.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from SVAAST or provide to SVAAST.
By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
“Consent” means free, voluntary agreement, permission for a specified act or purpose by the parents of child under 12 years of age, and by the Child who has attained 12 years of age.
If we fail to enforce any of this Statement, it will not be considered a waiver.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing SVAAST.
Payment Terms: All payments are non-refundable. Subscriptions can only be discontinued for the current or next enrollment period. The online user access will be terminated once the subscription is cancelled.