USER TERMS AND CONDITIONS
This Agreement is effective on May 10, 2023.
By creating an account or using the app, you agree to be bound by these terms and conditions and agree that this service is FOR ENTERTAINMENT PURPOSE ONLY.
Please ensure that you read the terms and conditions carefully before using the app.
1. General
1.1
These Terms and Conditions are an agreement between you and SCIFATE PTE. LTD. If you have any questions about these Terms and Conditions, please contact us.
1.2
When you click to confirm your agreement to this agreement, or create an account, or start using our products or services, it means that you have carefully read and fully understood the content of this agreement and agree to be bound by this agreement.
1.3
This Agreement applies to Salvia APP operated by SCIFATE PTE. LTD. If there is no independent user agreement for other products or services provided by SCIFATE PTE. LTD, this agreement also applies to other products or services.
1.4
You may download Salvia APP from our authorized app stores or channels. You understand and agree that if you obtain the App from a third party that is not authorized by us, we cannot guarantee the normal use of the software and we do not bare any liability for any losses that you may suffer using the software.
1.5
We always value and protect users' personal information, and will do our best to protect your personal information safe and reliable. In your use of our products or services, you consent to our collection, use, storage, sharing, public disclosure and protection of your personal information in accordance with the Salvia Privacy Policy. Please read carefully and fully understand the contents of the Salvia Privacy Policy before using Salvia APP, and make the choices you deem appropriate.
1.6
The headings of this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement.
2. Acceptable Use
By accessing or using our app, You agree to the following:
2.1
Who May Use the Services
(a)
Only if you have READ, UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM; and
(b)
You are not a person barred from receiving services under the laws of the applicable jurisdiction; and
(c)
YOU ARE 18 (EIGHTEEN) YEARS OF AGE OR OLDER. If you are under the age of 18, then you shall not use or register for our services or disclose any of your personal information to us. Salvia APP holds the right to terminate a member account immediately and delete all the information if we believe you are under 18.
2.2
Create an Account
(a)
You may need to create an account to use some of our Services. You shall not provide your own account (including but not limited to sharing, renting, selling, borrowing, transferring, etc.) to any third party for use, nor shall you use any third party's account. You are responsible for safeguarding your account, WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE.
(b)
You shall ensure that your information for registration is accurate, true and completed. You will timely update and maintain your information during this agreement's term to maintain the information's completeness and accuracy.
2.3
License
(a)
With this Agreement, Salvia gives you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the software and Services.
(b)
You may not use any trademarks, logos, domain names, website names, etc. of the software without the written permission of Salvia.
(c)
You shall use the Salvia App strictly in accordance with this Agreement. You shall not destroy or modify the technical protection measures of intellectual property rights in the Software, delete commercial logos or copyright-related information in the Software, obtain the source code of the Software by means of reverse engineering, etc., or damage or obstruct the normal operation of the Software in any way by themselves or by authorizing third parties.
2.4
Safe use
(a)
The Salvia App stores and processes personal data you provided to us to provide our service. It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs and compromise your phone’s security features. It could mean that the Salvia app won’t work properly or at all.
(b)
You shall not use the app in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(c)
You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or concerning this app without Salvia APP’s express written consent.
3. Services And Content
3.1
Salvia offers services that help you to look for advice or clear your doubts about topics such as love, marriage, psychology, family and careers, etc. The Services provided by Salvia are not limited to the foregoing, and the content of the services is subject to the page display.
3.2
You acknowledge that Salvia App does not provide financial, legal, tax, investment, relationship, counselling or other professional services. And you agree you should not rely on or make any legal, health, finance or other important decisions based on the guidance provided by an Advisor.
3.3
You acknowledge and agree that Salvia App does not provide medical advice, diagnosis, or treatment, even if it may sound so. None of the Salvia content should be considered medical advice or an endorsement, representation, or warranty that any particular meditation or treatment is safe, appropriate, or effective for you. None of the Salvia App content should be considered a substitute for qualified professional advice. Salvia strongly advocates visiting a qualified professional in person for medical or mental health guidance.
3.4
You shall not use any abusive and offensive language, any content of terrorist, extremist activities, obscenity, pornography, gambling, inciting ethnic hatred, or ethnic discrimination while using the app and when interacting with our Advisors in any way, including but not limited to chats, calls, messages. The violation of this will result in the termination of your account.
3.5
You can publish content through Salvia App, and the relevant content will be displayed on the relevant pages of the Salvia App of SCIFATE PTE.LTD. Salvia App reserves the right to adjust the specific display page of the relevant content or cancel the relevant content's display.
3.6
You agree that you shall not publish, upload or transmit the contents which
(a)
any incited terrorist, extremist activities, incited ethnic hatred, disrupting economic and social order, pornography, gambling, violence, insulting or slandering others, or infringing other reputation;
(b)
any abusive, vulgar, threatening, defaming, libellous, unlawful, racist, obscene or otherwise harmful or objectionable material;
(c)
any material or data or information that breaches or attempts to breach any third party rights, including but not limited to privacy rights and/or intellectual property rights;
(d)
any material or information that may attempt to encourage the conduct of or constitute a civil wrong, criminal offence, or otherwise attempts to violate any applicable law herewith.
4. Fees
4.1
Salvia App is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
4.2
The Services provided by Salvia include paid services. The specific tariff standard shall be subject to the announcement on the page. Before you can use the paid service, you need to follow the instructions on the page to purchase Credits by topping up. Credits is a virtual currency that is only available for products or services on this platform. If you use paid services, you must agree to and abide by the Top-up Agreement, which is a supplement to this Agreement and has the same legal effect as this Agreement.
5. Advisors
5.1
You concede that the Advisors are neither employees nor agents nor representatives of Salvia App and Salvia App does not undertake any responsibility for the conduct of any such Advisor and cannot administer the quality, accuracy, and accordance of the advice or guidance provided by the Advisors. If there are irregularities or improprieties in the services provided by the Advisors, you can complain to us at any time.
5.2
The qualifications, certifications, certifications, competencies or background of consultants are provided by the Advisors themselves and we do not guarantee verification of this. Salvia App makes no representations or warranties in relation to the Advisor or the information and materials provided by the Advisors. Please choose your Advisors carefully.
5.3
You are not allowed to establish any form of contact or transaction with the Advisors privately. In the process of providing services, you shall not take the initiative to ask the contact information of the Advisor or other users or actively provide the contact information of yourself or other users. If the Advisor voluntarily asks for your contact information, you should refuse to provide it, stop his behavior immediately, and contact us without delay. Any behavior of the user and the Advisor in private has nothing to do with Salvia, and you shall bear the adverse consequences caused by this.
6. Intellectual Property
6.1
The app and all the trademarks, copyright, database rights, and other intellectual property rights related to it belong to SCIFATE PTE. LTD. You are not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the app's source code. You shall not try translating the app into other languages or making derivative versions.
6.2
You confirm and agree that you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content which is submitted, posted or displayed on or through Salvia by yourself.
7. Third-Party Services:
7.1
The app does use third-party services that declare their Terms and Conditions. You are aware that using these via a third-party service may be subject to terms and conditions imposed by such third party. Salvia App is not responsible for any such third parties' terms, conditions, policies, acts, or omissions.
7.2
Link to Terms and Conditions of third-party service providers used by the app
7.3
You should be aware that there are certain things that Salvia App will not take responsibility for internet connection such as the app not working at full functionality since you don't have access to Wi-Fi and have no data allowance left. Using the app, you accept responsibility for any Wi-fi or roaming data charges, if you use the app outside your home territory (i.e. region or country) without turning off data roaming and you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer to use the app. Along the same lines, Salvia APP shall not take responsibility for the way you use the app. You need to ensure that your device stays charged – if it runs out of battery and you can't turn it on to avail the service, Salvia App cannot accept responsibility.
7.4
With respect to Salvia App's responsibility for your use of the app, when you're using the app, it's essential to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Thus, Salvia App accepts no liability for any loss, direct or indirect, and your experience as a result of relying wholly on this functionality of the app.
8. Links to other apps
8.1
Salvia App may contain links to third-party apps not owned or controlled by Salvia APP.
8.2
Salvia APP has no control over and assumes no responsibility for any third-party apps or services' content, privacy policies, or practices.
8.3
Links from or to the Salvia App are meant for convenience and entertainment only (even if it is paid advertisement on behalf of the third party). Linking to any other site is at your sole risk. Salvia App shall not be responsible or liable for any damages in connection with linking or for any difficulties or consequences associated with downloading the software. Using downloaded software is governed by the license agreement terms, if any, which accompany or are provided with the software. We strongly advise you to read the terms and conditions and privacy policy of any third-party app you visit.
9. Modification and Termination of Services
9.1
Salvia APP reserves the rights, in its sole discretion, to correct any errors or omissions, or to make any modifications including terminating, changing, suspending or discontinuing in any portion of the app at any time, without notice.
9.2
You agree that Salvia will not be liable to you or any third party for any modification, suspension or discontinuance of the app or for any service, content, feature or product offered through Salvia App.
9.3
We may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and any additional systems we decide to extend the availability to) may change. You’ll need to download the updates to keep using the app. Salvia APP does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise always to accept updates to the app when offered to you.
9.4
Salvia App reserves the right to refuse service to anyone or to stop providing the app and/or to terminate use of it at any time for any reason without giving notice. Unless Salvia App tells you otherwise, upon any termination, (i) the rights and licenses granted to you in these terms will end; (ii) you must stop using the app, and (if needed) delete it from your device.
10. Assignment
10.1
Salvia App may transfer, sub-contract or otherwise deal with Salvia App’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
10.2
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
11. Disclaimer
11.1
You understand that Salvia App only provides a platform where Advisors can give services to you. Salvia App has no direct or indirect control over the conversation between the Advisor and you. You use the services at your own risk and will be responsible for any loss or harm incurred due to such conversation. Salvia App or any of its directors or officials will never be liable for any such loss or harm.
11.2
ANY OPINION, ADVICE, GUIDANCE, RESPONSE, INFORMATION, PREDICTION OR OTHER SERVICES PROVIDED BY AN ADVISOR ARE FOR ENTERTAINMENT PURPOSES ONLY.
11.3
Salvia App does not be liable for verification, review, evaluation, endorsement or guarantee of the qualifications, claims, background and competence of any Advisor. Salvia App makes no representations or warranties in relation to the Advisor or the information and materials provided by the Advisors.
11.4
Salvia App is provided “as is” without any representations or warranties, express or implied.
11.5
IF YOU HAVE SUICIDAL THOUGHTS, IF YOU THINK YOU CAN BE A DANGER TO OTHERS OR YOURSELF, OR IF YOU ARE FACING A MEDICAL EMERGENCY, KINDLY NOTIFY THE POLICE IMMEDIATELY OR CALL THE EMERGENCY MEDICAL SERVICES IN YOUR AREA.
11.6
Salvia APP disclaims all warranties regarding the accuracy or the reliability of any advice, statement, opinion, or other information distributed by using the app. You agree that any reliance on any such statement, opinion, advice or information shall be at your sole risk and shall not be held against Salvia for any legal or personal purposes.
11.7
We will reserve our rights during events caused by exploiting program bugs or loopholes which resulted in any losses.
12. Limitation of liability
12.1
To the extent not prohibited by law, Salvia, its affiliates, and any of the foregoing's officers, directors, shareholders, employees, sub-contractors and agents shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including without limitation lost profits, lost data, personal injury, or property damage related to, or any other damages or losses, in connection with, whether under a contract, tort or any other theory of liability, or otherwise resulting from any use of the Salvia services, even if Salvia has been advised of the possibility of such damages.
12.2
Salvia shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Saliva services or your inability to access or use the Salvia services; or (ii) any transaction or relationship between you and third-party provider, however, caused, regardless of the theory of liability (contract, or otherwise) and even if Salvia has been advised of the possibility of such damages.
12.3
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SALVIA'S LIABILITY TO YOU EXCEED THE FEES YOU HAVE PAID.
13. Unenforceable provision
If any part of disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other disclaimer’s provisions.
14. Indemnification
You hereby indemnify Salvia App and undertake to keep Salvia App indemnified against any losses, damages, costs, liabilities and expenses (including without limitation expense and any amounts paid by Salvia App to a third party in settlement of a claim or dispute on the advice of Salvia’s legal advisors) incurred or suffered by Salvia App arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15. Severability
If any provision contained in this Agreement is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. Such invalid, illegal or unenforceable provision shall be replaced by means of supplementary interpretation by a valid, legal and enforceable provision, which most closely approximates the Parties’ commercial intention. This shall also apply to any gaps in this Agreements.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If there is any inconsistency between this agreement and other documents, this agreement shall prevail.
17. Governing Law and Dispute Resolution
17.1
These Terms and Conditions will be governed by and construed per Singapore Law.
17.2
All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement shall be settled amicably by mutual discussion, failing which the same shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
18. Waiver
This Agreement includes a class action waiver and a mandatory arbitration provision. Any dispute, action, claim, or cause of action arising out of or in connection with this Agreement must be resolved by arbitration on an individual basis and may not be pursued as a class action.
19. Changes to This Terms and Conditions
Salvia App may impose additional rules or limits to the use of the app from time to time. You agree to review the Terms regularly and your continued access or use of the app will mean that you agree to any changes
20. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at: salvia.customer@gmail.com.
SCIFATE PTE. LTD, in #32-02 International Plaza Singapore 079903.
Again, you confirm that you have carefully read and fully understand the contents of this agreement and are willing to comply with this agreement.