Effective 20 July 2024; Last Updated: 20 July 2024

These Terms of Use ("Terms") form a legal agreement between you and Askzod.com ("askzod.com," "we," "us," or "our"), governing your access to and use of our platform, which includes our website at www.askzod.com and our mobile applications (currently under development) that present these Terms (collectively referred to as the "Platforms").

By accessing our Platforms on any device—whether it's a computer, mobile phone, tablet, console, or other device—you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you register for our Platforms. We may update these Terms periodically. You agree that your use of the Platforms is governed by the Terms in effect at the time of your access. If we make significant changes to these Terms, we will inform you via email or by posting a notice on the Platforms before the changes take effect. The date of the last revision will be indicated at the top of this page. Continuing to use the Platforms signifies your acceptance of the revised Terms. If you do not agree to these Terms, please refrain from using the Platforms.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is available and incorporated by this reference.

Please be aware that, as outlined in our Privacy Policy, we may disclose your information, including personal data, when required by law or when we believe it is necessary to protect our rights or property. This includes complying with judicial proceedings, court orders, or legal processes served on us.

Arbitration Notice.

Unless you opt out of arbitration within 30 days of first agreeing to these terms, by following the opt-out procedure specified in the "Arbitration Agreement and Class Action Waiver" section below, you consent to resolving most disputes between you and askzod.com through binding, individual arbitration. By agreeing to this, you waive your right to adjudication through a court of law and to participate as a plaintiff or class member in any class action or representative proceeding.

Creating An Account.

To use certain features offered through the Platforms, you need to create an account and provide specific information, such as your email address. Some optional services, like receiving newsletters ("Newsletters"), may require additional consent. You must be at least 16 years old to create an account. You are responsible for keeping your account password confidential, and we are not liable for any loss resulting from the unauthorized use of your username and password, whether you are aware of it or not. You are also responsible for all activities that occur under your account. You agree to notify us immediately if you notice any unauthorized use of your account. We reserve the right to close or suspend access to your account at any time, for any reason, or for no reason at all. Your account is intended for your personal use only.

Intellectual Property.

All content on the Platforms, including personalized tarot or numerology reports, text, graphics, designs, logos, icons, presentations, videos, data, instructions, photos, and software (collectively referred to as "Materials"), is the property of askzod.com. These Materials are protected by copyright, trademark, and other intellectual property laws. Trademarks, service marks, and logos used by us are trademarks of askzod.com. Any third-party trademarks appearing on the Platforms are the property of their respective owners.

Limited License.

As long as you comply with these Terms of Use, you are permitted to access and use the Platforms and the Materials for non-commercial purposes. Downloading, printing, copying, distributing, or using the Materials for commercial purposes—including commercial publication, sale, or personal gain—is strictly prohibited.

Platform Restrictions.

You acknowledge that the Platforms are intended solely for entertainment purposes. You agree to use the Platforms in accordance with all applicable laws and regulations and these Terms of Use. Except as explicitly allowed in these Terms of Use or with written permission from askzod.com, you may not, nor allow anyone else to, directly or indirectly:

1. Utilize any data mining, robots, or similar data gathering and extraction methods to collect, 'scrape,' or download information from the Platforms or its users;
2. Copy, distribute, or use the Materials or other data or information from the Platforms for commercial purposes, including commercial publication, sale, or personal gain;
3. Mirror any Materials contained on the Platforms or any askzod.com server, or use framing techniques to enclose the Platforms or any part thereof;
4. Circumvent any of the technical limitations of the Platforms, or decompile, disassemble, or reverse engineer the Platforms;
5. Perform or attempt any actions that would interfere with the proper functioning of the Platforms, prevent access to or use of the Platforms by other users, or impose an unreasonable burden on the Platforms' infrastructure;
6. Alter or remove any copyright, trademark, or other proprietary notices from the Materials or Platforms;
7. Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account without permission;
8. Use any metatags or hidden text incorporating askzod.com’s name or trademarks in any online site or posting;
9. Solicit, trace, or collect any information from users or visitors of the Platforms;
10. Use the Platforms for commercial activities such as contests or advertising;
11. Use the Platforms for any fraudulent or illegal purposes; or
12. Post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

Content Submitted.

Your involvement and contributions on our Platforms mean a lot to us. When you share any content on askzod.com or through our social media channels—such as comments, feedback, testimonials, photos, videos, and other material (collectively referred to as "User Content")—you provide askzod.com with a non-exclusive, perpetual, global, royalty-free, and transferable license. This license allows us to use, copy, distribute, publicly display, modify, create derivative works from, commercialize, and sublicense your User Content, in whole or in part, across any media, whether it exists now or is developed in the future, for any purpose, without requiring further compensation to you. You agree and confirm that User Content is not confidential. By posting or sharing User Content, you acknowledge that it may be freely copied and distributed by others without needing further permission, in line with our Privacy Statement.

Content Rules.

You represent and warrant that your User Content and your activities on the Platforms do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third party intellectual property and publicity rights. You are solely responsible for your User Content and your activity on the Platforms.

User Content Is Not Prescreened.

We do not review User Content before it is posted, and therefore, we cannot guarantee that the Platforms will be free of inaccurate, deceptive, offensive, defamatory, unlawful, or otherwise objectionable content. You understand that we serve merely as a passive conduit for such content distribution. We are not responsible for any User Content or the actions of users on the Platforms. Even if we decide to monitor User Content, we do not assume responsibility for it nor are we obligated to remove it. If you have any concerns about User Content posted by another user, please follow the Copyright notice procedures outlined in these Terms of Use to inform us.

Copyright Infringement Notice Procedure.

At askzod.com, we are committed to respecting intellectual property rights. If you believe that your copyrighted material has been copied or posted on our Platforms in a way that constitutes copyright infringement, please reach out to us with the following details:

1. A detailed description of the copyrighted work you believe has been infringed;
2. An explanation of the allegedly infringing work;
3. The location on the Platforms where the allegedly infringing work can be found;
4. Your contact information, including an address, telephone number, and email address if available;
5. A statement asserting your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
7. A declaration, made under penalty of perjury, that the information provided in the notice is accurate and that the signatory is the copyright owner or is authorized to act on their behalf.

Please consult your legal advisor before submitting an infringement notice, as there can be consequences for making false claims.

Termination.

We retain the exclusive right to take the following actions at our discretion: (i) terminate your account, (ii) remove any of your User Content, (iii) limit your access to parts or all of the Platforms, and (iv) alter or discontinue the Platforms (or any portion thereof), with or without cause, and without prior notice or liability to you or any other party. Additionally, we may employ various technologies, such as IP address or device number blacklisting, to block users from accessing or posting content on the Platforms.

Payment, Refund & Expiration Policy.

Credits ("Credits") are the currency used on the Service to purchase certain products, including but not limited to tarot readings("Reports"). Credits are either purchased in packages or granted to users for free upon registration, or as a bonus gift at AskZod.com's sole discretion. All Credits are saved in a user’s account. If a user elects to purchase a Report, Credits are automatically debited from the user's account.

By submitting an order to purchase Credits through the Service, you authorize askzod.com or its designated payment processor to charge the credit card account you provide for the payment, for the amount specified at checkout. All payments must be made using a credit card or other approved payment method. Payment values are in Euro. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and askzod.com reserves the right to collect such taxes or other fees from you at any time. Unless otherwise explicitly stated, purchases of Credits are not refundable, whether or not Credits are used. Credits are not transferable. If you terminate your account, the Credits remaining in your account will no longer be redeemable.

If you are a user located in the UK or EU, you may cancel a purchase of Credits at any time within a 14 day "cooling-off" period starting the day after the date of purchase of any Credits. To cancel a purchase of Credits, you must email us and provide your name, address, and any order reference number, with the subject line "Credits refund request". If you cancel a purchase within the cooling-off period, only the value of any unused Credits will be refunded. Refunds will be processed as soon as commercially reasonable and, in any case, within 30 days of receipt of your cancellation request. Refunds will be made by the same method originally used to pay for the purchase, unless agreed otherwise. Where you pay for Reports sent through the Platforms using Credits, such digital content is provided immediately, and you acknowledge and agree that this is the case and, therefore, that you have no right to change your mind and cancel such purchase pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (if applicable) once such purchase has been made.

Representations And Warranties.

You represent and warrant that: (i) you are 16 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Platforms; (iii) you are eligible to use the Platforms and have the right and power to enter into these Terms of Use; (iv) you have and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Platforms, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Platforms; and (vi) you and your use of the Platforms will be in compliance with these Terms of Use.

Warranty Disclaimer.

All readings and reports are for entertainment purposes only and should not be construed as medical, legal, or financial advice on any subject matter.

The Platforms are provided "as is," "as available," and without warranties of any kind. You use the platforms at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title, and non-infringement related to or arising out of the Platforms, any materials or user content on the platforms, or any products or services purchased or made available on the Platforms, as well as warranties implied from a course of dealing or course of performance. Askzod.com does not warrant that the Platforms will provide continuous, prompt, secure, or error-free service. AskZod.com assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the platforms. Askzod.com assumes no responsibility and shall not be liable for any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Platforms.

Limitation of Liability And Damages.

To the maximum extent permitted by applicable law, askzod.com, its affiliates, officers, directors, employees, agents, service providers, and licensors shall not be liable to you or anyone for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on contract, negligence, strict liability in tort, warranty, or any other legal theory, including those arising out of or related to (i) the use or inability to use the platforms or any errors, omissions, or inaccuracies in any content on the platforms; (ii) the platforms or the conduct of other users or third parties; (iii) the performance of products and services purchased through the platforms; (iv) unauthorized access to or alteration of your data, content, or personal data; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the platforms by any third party; (vi) any other matter relating to the platforms or any products or services made available through the Platforms. In no event will askzod.com’s liability for any damages or losses arising out of or related to this agreement exceed the aggregate amounts paid to askzod.com for products or services purchased through the platforms in the three months preceding the date of the event giving rise to the claim upon which liability is based.

Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Indemnity.

You agree to defend, indemnify and hold harmless askzod.com, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms, including, but not limited to, your User Content, any use of the Platforms' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.

Communications.

By using the Platforms, you agree to receive certain electronic communications from us, whether through the Platforms or by email. You may unsubscribe from email marketing at any time by clicking the appropriate link in the communication or by logging into your account profile and making changes in your account settings. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and askzod.com may be recorded.

Third Party Services.

The Platforms may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Services”). We do not endorse, monitor or have any control over these Third Party Services, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk. We expressly disclaim any liability for these Third Party Services.

Arbitration Agreement and Class Action Waiver.

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with askzod.com, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a panel of one arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that askzod.com and you are each waiving the right to trial by a jury or court of law, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the panel will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and askzod.com each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending us an email within 30 days after the date you first agree to these Terms of Use. If you don’t provide askzod.com with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by an arbitrator to be selected and agreed to and in accordance with arbitration rules the parties need to agree to. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the panel determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, askzod.com will contribute to your filing and hearing fees as the panel deems necessary to prevent the arbitration from being cost-prohibitive. The panel’s decision will follow the terms of these Terms of Use (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the panel. The award rendered by the panel may be confirmed and enforced in any court having jurisdiction.

Miscellaneous.

A. Survival.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

B. Assignment.

These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by askzod.com without restriction.

C. Disputes.

This Agreement shall be governed by the laws of Spain without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Spain and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non-conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act, where applicable).

D. Limitations on Claims.

Any cause of action or claim you may have with respect to askzod.com or the Platforms (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

E. No Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

F. Severability.

If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

G. Entire Agreement.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Platforms. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.