Members' Terms & Conditions

User Terms of Use

Last revised: May 16, 2023

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US) or 999 (IN THE UK), OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE RELEVANT EMERGENCY SERVICE NUMBER, NOTIFY THE RELEVANT AUTHORITIES, AND SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE WEBSITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL, REGIONAL, AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES, WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.

1. General

1.1 Welcome to www.mysticsense.com (the "Website"), a website operated by Mysticsense LTD, a company registered in 10685-B Hazelhurst Dr. #26665, Houston, TX, USA 77043, registration number 516657590 ("Mysticsense" "Company", "We", "Us" or "Our").

1.2 These terms of use (the "User Terms" or "Terms") govern your ("You", "Your" or “User”) use of the Website and/or the Services (as the term “Services” is defined in section 4.1 below). These Terms should be read carefully by You in their entirety prior to Your use of the Services. Please note that these Terms constitute a legally binding agreement between You and Us, and that if You do not agree with any provision of these Terms, You shall immediately cease using the Website. By using the Website, You agree to the Terms, as amended from time to time.

1.3 These Terms incorporate the Privacy Policy, Refund Policy, Cookie Policy, Reviews Policy, Customer Wellbeing Policy, and Affiliates Terms and Conditions (together, the "User Policies"), and by agreeing to these Terms, You confirm that You also accept and agree to the User Policies and Psychic Terms .All capitalized terms otherwise not defined herein shall have the meaning afforded thereto in the Psychic Terms.

1.4 We reserve the right to limit the scope of use of the Website and Services to Users at Our sole discretion, including in cases where We suspect that they violate any of the User Policies.

1.5 Without derogating from the generality of the above, if You breach any of the User Policies, or any other event as We may deem necessary, including, without limitation, (a) maintenance work; (b) inability of Our service providers to provide You with the Services; (c) market disruption; (d) Your inability to conform to Our requirements; (e) pending litigation, investigation, or government proceeding related to You; and/or (f) if We perceive a heightened risk of legal or regulatory non-compliance associated with Your activity, We may, at Our sole discretion and without liability to You, with or without prior notice:

1.5.1 suspend Your access/account to all or a portion of Our Services and Website;

or

1.5.2 terminate Your access/account to Our Services and Website, and delete or deactivate Your connection to Our Services.

2. Eligibility

You are only entitled to use the Website if You comply with all of the following:

2.1 You are at least 18 years old;

2.2 We have not suspended or terminated Your access/account in the past for any reason to use Our Services and Website;

2.3 You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms;

2.4 If You are using the Services on behalf of a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into the Terms on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;

2.5 You are located in jurisdictions where the use of Our Services is legal; and

2.6 You do not use virtual private network software or any other privacy or anonymization tools or techniques in order to circumvent any restrictions that apply to the Services, especially those which restrict the geographical availability of the Services.

3. Registration

3.1 In order to use the Services, You must open an account with the Website (the “Account”).

3.2 When You register to the Services, You are required to complete certain details about You, as further described in Our Privacy Policy. The information that You provide during the registration process must be accurate, up-to-date and complete. In addition, You will be asked to choose a password, which, together with Your email address associated with Your Account (the “Access Information”), will constitute Your identification information for the purpose of logging in to Your Account..

3.3 You are solely responsible for maintaining the confidentiality of your Account information and Access Information. You remain solely responsible for activity on Your Account with the use of Your Access Information. If You share Your password with anyone, We will not be held liable for any loss that may occur as a result thereof. You may not allow any other third party to use or access Your Account. You must notify Us immediately of any unauthorized access to Your Account, or any other breach of security.

3.4 It is Your responsibility to keep the email address associated with Your Account up to date, so that We can communicate with You electronically. You understand and agree that You forfeit the right to plead ignorance if You do not receive an electronic communication sent to You by Us, because Your Account's email address is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic communications.

3.5 We strongly encourage You, at least once per month, to change Your password.

4. The Services

4.1 We may offer an advisory platform allowing members to find a Psychic directly to ask questions or request advice and/or services. We, through the Website, enable Users to communicate directly with Psychics and pay for services purchased from that Psychic by the member (the “Services”)..

4.2 You may use the Services for entertainment purposes only, and You are strongly encouraged not to use Our Services as the sole basis for making any decisions. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Services.

4.3 Although We make reasonable efforts to update the information on our Website, We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

4.4 We do not refer You to or endorse or recommend particular Psychics. We will not be held liable for any acts or omissions of the Psychics or the ability of the Psychics to answer questions.

4.5 EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Website and should, instead, be directed immediately by telephone or in-person to qualified professionals (e.g., in the US, call 911). The Website is not the appropriate venue to deal with such situations.

4.6 We are not responsible for mediating disputes between You and Psychics.

4.7 Answers Psychics provide on the Website are to be used by You for entertainment purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. No professional-client relationships shall be formed on the Website. Communications on this Website are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

4.8 We are committed to keeping all interactions between the Psychics and You private. However, when using Our Services, whether by phone, chat, or video call, You consent to have all sessions monitored, recorded and stored securely in order to maintain our quality and protection standards.

4.9 We may disclose your information, including, but not limited to, recordings and personal data, if it is (a) necessary to comply with legal proceedings (search warrant, subpoena, court order, etc.) or any other obligation from government authorities, (b) theoretically minimizing Our liabilities in actual or potential proceedings; (b) for the protection of Our rights or property, or the rights or property of any person and organization; (d) appropriate or necessary to enforce this agreement; or (e) needed to deter illegal behavior like fraud, etc.

4.10 In the event You file a dispute with a payment provider (PayPal, Stripe, credit card providers, or any payment gateway or payments company that operates on Our site), and they ask for proof of buying, in such case, We will have to share part of Your sessions with them.

5. Emergency Contact Information

5.1 You agree to provide “emergency contact information” (name and telephone number) for Your personal contact and/or a close family member/relation to Us, to be used in case of a mental health crisis or other emergency.

6. Psychics

6.1 Psychics are not Our employees, consultants, agents or representatives. Psychics use the Services to provide You with personalized readings and Psychic advice for entertainment purposes. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Psychics. Your relationship relating to the Services is strictly and solely with the Psychics.

6.2 We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Psychics.

6.3 Psychics are not permitted to request your personal contact information, address, credit card, Paypal or other payment information, or other sensitive information of a similar nature. You must not provide any such information even if a Psychic violates these Terms and asks You for it.

6.4 Psychics must also read and agree to the Psychic Terms

7. Fees and Payments

7.1 All interactions between You and a Psychic are charged via the Services, whether online or offline. During Your use of the Services, You agree to comply with pricing terms agreed with a Psychic and pay Us for the Services You receive from Psychics..

7.2 You can make payments to Us by using a credit card, debit card or PayPal account. The payments for each activity that takes place in Your Account are specifically approved by You. You will be charged in USD and all amounts displayed on the Website are also in USD. You will ensure the accuracy, correction and update of all credit card and payment details provided at the time and guarantee that You are fully permitted to use these credit card and payment details. You may need a mobile or email to verify the method of payment or the Account. You can also deposit amounts to the balance available, a free feature for active accounts, for Your convenience. Fees will then be removed from the amount You have earned as items are rendered or at the end of a session with a Psychic.

7.3 You acknowledge that We may process an authorization hold using Your payment information in order to verify the information provided. You are responsible for keeping Your payment details up to date by changing the details in Your account setting. If Your payment card details change or are due to expire, We may obtain or receive from Your payment provider updated payment details, including Your card number, expiration date, and CVV (or equivalent). You authorize Us to continue to charge Your card using the updated information so that You can continue to receive the Services.

7.4 You must refund Us for any expenses that We suffer/suffered in collecting fees that You owe. In certain limited circumstances, We can process a repayment for a User at its sole discretion..

7.5 Please note that after each session and within seven (7) business days of each transaction, We will use reasonably high-level efforts to process payments; however, due to credit card and debit card payment processes, delays may occur. Costs over multiple days may be combined and credited as a single charge. If a credit card fee is rejected, for the following 60-90 days, We may try to charge any or all other cards You have on file (for one fee, or for partial fees, if a card cannot charge the full cost).

7.6 Time charges are based on a minute increase as measured on Our servers. Every time a partial minute is used it counts as a complete minute. Our billing system is not faultless, so We cannot be held responsible for any problems, miscalculations, or malfunctions in the payment processing.

7.7 Psychics are responsible for any and all applicable federal, state, and local taxes, duties, tariffs, levies, withholdings, and similar assessments (including, without limitation, sales, use, and value added taxes).

7.8 Our telephone number is a standard American number. However, subject to the terms of Your agreement with Your phone service provider, calls may incur an extra fee. Please check with Your provider for further information.

8. License

8.1 You must only use the Services as expressly permitted by these Terms. All rights not expressly granted to You are reserved by Us, third-party providers, and other respective owners, if any..

8.2 We provide content through the Services that is copyrighted and/or trademarked work of Us or Our third-party licensors and suppliers. For clarity, the content shall include all such content accessed by You at any time. You acknowledge that the Services have been developed, compiled, prepared, revised, selected and arranged by Us and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and that the Services constitute Our intellectual property and those of such others. Accordingly, you shall protect Our proprietary rights and all others having rights in the Services during and after the term of these Terms and comply with all written requests made by Us to protect Our and others' contractual, statutory, and common law rights in the Services.

8.3 Subject to these Terms, and Your compliance with these Terms, We hereby grant You a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the content and to use these Services, in each case solely for Your personal use. You agree not to use the Services or any of the content for any commercial purpose. Except for the foregoing license, You have no other rights to the Services or any content, and You may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Services or the content in any manner.

8.4 You (and any entity that You represent) agree to defend, hold harmless and indemnify the Company, its related companies, subsidiaries, affiliates, their respective officers, agents, employees, and suppliers, from and against any third-party claim arising from or in any way related to Your or Your users’/customers’ use of any of Your products, any of Our property (including, but not limited to, API or the Access Information), use of the Company's brand, or breach of any provision of these Terms or Our Privacy Policy, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, settlement fees, legal fees (on a solicitor-client basis), and expenses incurred in enforcing any term of these Terms against You, of every kind and nature. In such event, We will provide You with written notice of such claim, suit, or action. If You breach any of these Terms, the above license will terminate automatically..

9. Disclaimers

9.1 THE SERVICES, AND THE CONTENT, INFORMATION AND TOOLS THEREIN, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED IN ANY WAY TO DIAGNOSE, CURE OR TREAT ANY MEDICAL CONDITION, ILLNESS OR AILMENT, AND ARE NOT INTENDED IN ANY WAY TO REPLACE PROFESSIONAL, FINANCIAL OR INVESTMENT ADVICE OR PROFESSIONAL LEGAL ADVICE. WE ARE NOT A MEDICAL PRACTICE AND DO NOT INDULGE IN THE PRACTICE OF MEDICINE OR PSYCHIATRIC TREATMENT. WE (OR ANY OF OUR OWNERS, ADMINISTRATORS, OR EMPLOYEES) ARE NOT A FINANCIAL SERVICES FIRM, ARE NOT LICENSED AND ARE NOT INVOLVED IN THE SECTOR OR PRACTISE OF OFFERING OR PROVIDING FINANCIAL OR INVESTMENT ADVICE.

9.2 Neither Us nor our licensors and suppliers make any representations or warranties concerning any content contained in or accessed through the Website, and We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website. We (and Our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of the Website or Services offered or purchased through the Website. Services offered (whether or not following such recommendations and suggestions) through the Website are provided “AS IS” and without any warranty of any kind from Us.

9.3 The Website is not intended as a substitute for professional care of any sort, be it financial, physical, psychological, legal or any other field that requires state licensing. Psychics on the Website are not authorized to provide or ask for any documentation, including, but not limited to, medical or legal records. We cannot give medical advice, treatment or information regarding any health conditions You may have. If such information is provided, please contact [email protected] and disregard. Always follow the advice of qualified, licensed professionals and do not attempt to use the Services as a replacement for medical, financial, legal or psychological help. We are designed for entertainment purposes only and We are not liable for any actions or consequences based on decisions made on behalf of any information obtained through this Website. If you are contemplating suicide, or are considering harming others (or yourself), or in cases of medical emergency or imminent danger, it is important that You call the emergency hotline for your country (911 in the US) and notify appropriate authorities immediately. We are not responsible for and cannot help in emergency situations. Please call the appropriate authorities and get medical assistance if needed. All information hereto applies equally to Psychic advisors, employees and affiliates of Us.

9.4 You are solely responsible for verifying the identity of the Psychic, the qualifications, the credentials, the biographical information, the licenses held and other information. We are not responsible for any verification of this kind.

9.5 Psychics are not Our staff or partners, or any of Our affiliates. All Psychics are independent contractors of Us. Therefore, We do not control the consistency, validity or accuracy of any advice provided by any Psychic and do not decide whether any Psychic is eligible to provide any specific advice, or whether the Psychic is classified correctly or in the most appropriate category to provide the advice.

9.6 ANY OPINION, RESPONSE, RECOMMENDATION, SUGGESTION, PREDICATION, INFORMATION AND/OR OTHER SERVICE THAT ANY PSYCHIC PROVIDES IS GIVEN FOR ENTERTAINMENT PURPOSES ONLY.

9.7 The advice or information provided by lawyers, physicians and other advisors in fields requiring licensing and/or qualification is given for information purposes only and cannot be considered a replacement for a face-to-face physical examination or an in-person meeting. You should not rely on or take health, legal, political, or other decisions based on any Psychic's advice. We strongly recommend a User seeking medical or mental health treatment see a qualified professional in person.

9.8 IF YOU ARE CONSIDERING SUICIDE, WHETHER YOU BELIEVE YOU MIGHT BE A THREAT TO YOURSELF OR OTHERS, OR IF YOU HAVE ANY OTHER MEDICAL EMERGENCY, PLEASE NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA IMMEDIATELY. PLEASE DIAL 911 IF YOU’RE FROM THE UNITED STATES.

9.9 IT IS STRONGLY RECOMMENDED THAT YOU ALWAYS SEEK ADVICE FROM A TRAINED AND APPROVED PHYSICIAN OR OTHER PROFESSIONAL HEALTH CARE PROVIDER IN ACCORDANCE WITH ANY AND ALL CONCERNS YOU MAY HAVE ABOUT YOUR MEDICAL CONDITION. IN RELATION TO ALL OTHER RESTRICTIONS AND DISCLAIMERS IN THIS AGREEMENT, WE AND OUR THIRD-PARTY SUPPLIERS DISCLAIM ALL RESPONSIBILITY OR DAMAGE WITH REGARD TO THE CONTENT PROVIDED THROUGH THE WEBSITE AND THE SERVICES.

9.10 YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE SERVICES ARE NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.

9.11 YOU ACT UPON OR RELY ON THE RECOMMENDATIONS OF ANY PSYCHIC OR OTHER USE OF THE WEBSITE OR SERVICES ENTIRELY AT YOUR OWN EXPENSE AND BY YOUR OWN DISCRETION AND WILL. YOU ARE SOLELY RESPONSIBLE AND ACCOUNTABLE FOR ANY ACTS OR OMISSIONS YOU MAY HAVE RENDERED IN CONJUNCTION WITH ANY KNOWLEDGE OR GUIDANCE RECEIVED BY ANY CONSULTANT OR OTHER USERS.

9.12 We cannot and do not represent or guarantee that any of the information available through Our Services is accurate, reliable, current, complete or appropriate for Your needs. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through Our Services and Website are not and cannot be guaranteed by Us.

9.13 If You use the Services to provide any services to any third parties, You are fully responsible for all services and recommendations, and represent and warrant that You are appropriately qualified and certified to do so, possessing all necessary licenses and permits to do so. You will not state or imply to any customer or client any responsibility of Us for any decisions or recommendations. In addition, (a) You (and not We) are solely responsible for all advice, recommendations, or services You provide to Your clients, even if You use Our Services in whole or in part to create such advice; (b) We have no liability whatsoever to Your clients; (c) We are not responsible for any disputes between You and Your clients; and (d) You will not state or imply to Your clients anything contrary to all disclaimers, warranty limitations, and limitations of liability by Us herein or otherwise with respect to the Services. You hereby agree to indemnify, defend, and hold Us harmless from and against any allegation, loss, liability, or claim made against Us by any of Your clients or otherwise arising out of any breach of this section (or any other portion of these Terms) by You or Your agents, or any failure by You or Your agents to follow any applicable laws, rules, and regulations.

10. Prohibited Activities

You undertake to use the Website and the Services in a respectful manner, and You undertake not to:

10.1 Violate any applicable laws or regulations, encourage or promote any illegal activity, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software;

10.2 Use the Website for the purpose of uploading, downloading, distributing, publishing or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights or any other right; (b) information or other material that is prohibited for publication or use because it constitutes threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage Our computer systems or those of any third parties or in a manner that may restrict or prevent others from using the Website; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without Our prior written permission;

10.3 Delete or modify any attributions, legal notices or other proprietary designations or labels on the Website;

10.4 Allow someone else to use, at any time, Your Account, username or password;

10.5Use abusive language against Psychics, other Users or Our staff, including, but not limited to, in chat sessions, chat reviews and forums;

10.6 Create multiple accounts in order to fraudulently obtain the free bonus multiple times;

10.7 Use obscene or overly sexual language. You will not expose yourself on video call or in any other way sexually harass or intimidate our Psychics or customer service agents. In the event we find evidence of this, We will report You to the relevant authority;

10.8 Use the Services using any interface other than the Website;

10.9 Interfere with other Users' use of the Website and/or the Services;

10.10 Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

10.11 Use bots or other automated methods to access or use the Website and/or the Services;

10.12 Upload or transmit (or attempt to upload or transmit), without Our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices;

10.13 Make any changes and/or interfere in any way in the source code of the Website and upload any software and/or application that may harm or cause damage to Us, the Website or any other third party;

10.14 Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Website or used to provide the Services; or

10.15 Encourage or induce any other person to engage in any of the activities prohibited under this section.

10.16 You acknowledge that without prejudice to any other right of Ours, if We are concerned that Your use of the Website does not comply with the provisions of these Terms or any applicable law, We may track Your use of the Website or the Services, prevent You from accessing the Website, transfer Your behavior patterns on the Website to third parties, and perform any other action that We may deem appropriate to protect Our property and/or rights and/or the rights of third parties.

11. Intellectual Property Rights

11.1 The Website and its content, including the video materials, text, photos, logos, any graphical display of data, designs, sound, figures, analysis, statistics, trademarks and any other content embodied in the Website, are protected by Our intellectual property rights or those of third parties.

11.2 As between You and Us, We retain all right, title and interest in and to the Website and the Services. The use of the Website and/or the Services does not confer on You any of the intellectual property rights embodied in the Website and/or the Services, other than the right to use the Website and/or the Services in accordance with the terms of these Terms.

11.3 You shall not, nor shall You allow any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website or the Services pursuant to the Terms or otherwise exploit any of the contents of the Website without Our explicit, prior written permission.

12. Limitation of Liability

12.1 We do not evaluate, provide, produce or control the Users, Psychics or any information exchanged between them via the Services. We only connect Users with Psychics through the Services. We do not represent or warrant that any Psychic You select is qualified or licensed to provide the information or advice that You seek. As a result, We are not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said, depicted or written by Users or Psychics.

12.2 All content on the Website and/or the Services is strictly for entertainment purposes only. No content on the Website/or the Services is tailored to the specific needs of any individual, entity or group of individuals.

12.3 Your use of the Website and/or the Services shall be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, explicit or implied, in connection with the Website and the Services and Your use thereof, including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Accordingly, the Services, including all content and functions made available on or accessed through or sent from the Website, are provided “as is”, “as available” and on a “with all faults" basis.

12.4 Without derogating from the generality of the foregoing, We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any content included on the Website; (b) any interruption or cessation of transmission to or from the Website or via the Services; or (c) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website or the Services by any third party.

12.5 You agree to hold Us harmless for any losses caused, directly or indirectly, to You and/or to any other third party, with respect to the Website and/or the Services, and You shall bear sole responsibility for any of Your decisions made relying on the content of the Website and/or the Services.

12.6 In no event will We be liable to You or any third party for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from Your use of the Website and/or the Services or other materials on, accessed through or downloaded from the Website or as part of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not We have been advised of the possibility of these damages, and in cases where a judicial authority finds Us liable, Our liability shall not exceed USD 50. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12.7 We are not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Website or the Services and Your browser and/or other equipment. Without derogating from the above, We do not assume any responsibility or risk for Your use of the internet.

13. Third-Party Services or Content

13.1 While using the Services, You may view content or services provided by third parties, including advertisements.

13.2 We do not control, endorse or adopt such content or services, and they may not always be accurate or current.

13.3 Without derogating from the generality of the foregoing, it is emphasized that all content provided by third parties is not provided by the Company or by anyone on its behalf, and We do not control, endorse or adopt any such content.

13.4 Accordingly, We recommend that You independently verify all information before relying on it, and any decisions or actions taken based upon such information are Your sole responsibility.

13.5 Your use of any third-party scripts, indicators, ideas and other content is at Your sole risk.

14. Links

14.1 The Website may contain links, content, advertisements, promotions, logos and other materials to platforms, websites or software that are controlled or offered by third parties (the “Links”). We caution You to ensure that You understand the risks involved in using such websites, software, platforms or materials before retrieving, using, relying upon or purchasing anything via these websites, platforms or software or based on such materials. Such Links are provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites, platforms or software.

14.2 The inclusion of Links in the Website is not an endorsement, authorization, sponsorship, affiliation or any other connection between Us or those websites, platforms, software or their operators.

15. Miscellaneous

15.1 We may, at Our sole discretion, amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services. We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Us in such regard.

15.2 We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Website after any changes come into effect, You are deemed to agree to the revised Terms.

15.3 You agree that transmission of information to or from the Website does not create between You and Us any relationship that deviates from that specified in these Terms.

15.4 These Terms and the Privacy Policy, as amended from time to time, constitute the only valid agreements between You and Us, and no representation, promise, consent or undertaking, whether written or oral, that is not included in the Terms or Our Privacy Policy will be binding upon the parties.

15.5 These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of the State of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us.

15.6 No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

15.7 If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms, provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

15.8 We may transfer or assign any and all of Our rights and obligations hereunder to any third party. Without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms.