Mobile Application End User License Agreement

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and IVL Collective, LLC ("IVL"). This Agreement governs your use of the Studio by IVL (including all upgrades, updates, patches, modules, feature enhancements and additional versions of the mobile application that replace or supplement the original mobile application, and any accompanying manuals, configuration and/or operation instructions and related documentation, the "Application") for Android, iOS, or other mobile platform, as applicable. The Application is licensed, not sold, to you. 


By downloading, installing, or using the Application, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms; and (c) accept this Agreement and agree that you are legally bound by its terms, just as if you had signed it. You should also read and understand our Privacy Policy, which is incorporated by reference into and made a part of this Agreement.  If you do not agree to the terms of this Agreement or the Privacy Policy, do not download, install, or use the Application and delete it as applicable. If you have any questions or concerns regarding this Agreement or the Privacy Policy, please email us at contact@ivlcollective.com.


We may amend the Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an email or and in-app message which notifies you of such changes when you open up the Application shall constitute reasonable means. Your continued use of the Application after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Application. 


Prior to using the Studio by IVL App, it is important for you to know and understand that by accessing and/or using the Application, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In short, your use of the Application is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Application or your access and use of the Application. 


By using the Application, you consent to receiving this Agreement in electronic form. Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement and that are in addition to the terms of this Agreement, and certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect. 


    1. Health Warning and Medical Disclaimer.

      YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE APPLICATION OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE APPLICATION IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE APPLICATION OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED, POSTED, OR MADE AVAILABLE IN THE APPLICATION IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION IN THE APPLICATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD THROUGH THE APPLICATION. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION IS SOLELY AT YOUR OWN RISK. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL OR 911 IMMEDIATELY


    1. License Grant. Subject to the terms of this Agreement, IVL grants you a limited, personal, revocable, non-exclusive, nontransferable, non-sublicensable license to (i) download, install, and use the Application for your personal, non-commercial use on a single Android, iPhone, iPad or other  mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and (ii) access, stream, download, and use on such Mobile Device the Content and Services (as defined in 7) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Service applicable to such Content and Services as set forth in 7.

    2. Obligations, Restrictions and Limitations. Your access to and/or use of the Application is subject to the following obligations, restrictions, and limitations:

      1. You agree that you will comply with: (i) all instructions and requirements in any documentation for the Application that IVL may provide or make available to you; and (ii) all local, state, national, and international laws, and regulations (as each of these may be amended or modified from time to time) applicable to your access to and/or use of the Application.

      2. You shall not (i) copy the Application, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the Application; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (vii) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or (viii) upload, transmit, or otherwise publish any communication or content through the Application that infringes or misappropriates the intellectual property or other proprietary rights of any third party or contains software viruses or any other malicious code.

    3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. IVL and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

    4. Your Account. In order to access and use the Application, you may be required to register for a user account (“Account”). In registering for your Account, you must provide accurate, current, and complete information as may be prompted by any registration forms or as otherwise requested by IVL. You represent and warrant that the information you provide is accurate, current, and complete. You are fully responsible for all usage and activity on the Application under your Account and shall be liable for all such use and activity. You shall be solely responsible for maintaining the confidentiality and security of your login and password(s). The license rights granted in this Agreement are limited solely to your individual use in accessing and/or using the Application.

    5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, IVL may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    6. Content and Services. The Application may provide you with access to IVL's website located at https://ivlcollective.com/ (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Service and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Service and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Service will also be deemed a violation of this Agreement.

    7. Geographic Restrictions. The Content and Services are based in the state of Utah in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

    8. Updates. IVL may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that IVL has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either (i) the Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

    9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that IVL is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. IVL does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

    10. Term and Termination. The term of Agreement commences when you download and install the Application and will continue in effect until terminated by you or IVL as set forth in this 11. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. IVL may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of IVL's rights or remedies at law or in equity.

    11. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IVL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IVL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IVL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

        1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

      1. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

      THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IVL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


    1. Indemnification. You agree to indemnify, defend, and hold harmless IVL and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application; provided, however, that you will have no indemnification, defense, or hold harmless obligation with respect to IVL’s gross negligence, willful misconduct, violation of applicable law, or breach of this Agreement.

    1. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

    1. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

    1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

    1. Governing Law; Disputes. This Agreement is governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City and Salt Lake County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Except where prohibited, you agree that all disputes, claims and legal proceedings in any way arising out of or relating to the Application or this Agreement shall be resolved individually, without resort to any form of class action. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

    1. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    1. Entire Agreement. This Agreement, our Website Terms of Service, and our Privacy Policy constitute the entire agreement between you and IVL with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

    1. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

    1. Feedback.  You may provide suggestions, comments or other feedback (collectively “Feedback”) regarding IVL products and services, including the Application. Feedback is entirely voluntary. IVL may use Feedback for any purpose without obligation of any kind. You assign to IVL exclusively and perpetually, all rights, titles, and interests, including all intellectual property rights, you may have in the Feedback.

    1. Notice. Any notice, communication, or complaint by you to with respect to the Application may be sent to contact@ivlcollective.com.

    1. Terms Required by Apple, Inc. You acknowledge and agree that as between Apple Inc. and its subsidiaries (“Apple”) and IVL, IVL and not Apple is solely responsible for the Application and the content thereof. You and IVL further acknowledge and agree as follows: 

      1. In the event of any third party claim that the Application or your possession and use thereof infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and/or discharge of any such intellectual property infringement claim.

      2. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

      1. Subject to the limitations contained hereunder, IVL, not Apple, is responsible for addressing your claims, or any third party claims, related to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

      1.  IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE, IF ANY, FOR THE APPLICATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.

      1. Apple has no obligation to furnish any maintenance and support services with respect to the Application. Support requests, as well as questions or complaints regarding the Application, may be directed to IVL at 827 Pioneer Road, Suite #101, Draper, Utah 84020 or via email at contact@ivlcollective.com.

    1. To the extent that any third-party terms are applicable when using the Application, you must comply with such terms when using the Application.

Our founder Emily Jackson has spent her life talking about fitness, beauty, fashion, and wellness. In June 2019 she launched her own premium activewear line, IVL, which has proven successful with multiple drops a year and is true to her passion of staying fit and keeping active.

OUR MISSION

Performance focused fabric meets ultimate support and comfort. IVL has the softest fabric for both athletic bras and leggings on the market. We are dedicated to producing sporty and refined activewear that you can wear from the studio to the streets.

 

WHAT MAKES US UNIQUE

IVL fills a void in the market with fashion-forward activewear that uses innovative technical fabrics that perform all of your activities from your morning run to running errands.

 

PERFORMS BEAUTIFULLY

Our activewear expertly marries refined design with advanced performance benefits, so you don’t have to sacrifice style before, during, or after an intense workout.

 

DEDICATION TO DETAIL

Throughout the design process, the IVL team refines each piece to deliver the ultimate fit and comfort. Plus, IVL fabrics pack a punch with technical elements like sun protection,
sweat wicking, and natural deodorizers.