Terms of use

TERMS OF USE AGREEMENT

 

Effective date: 12/10/2023

 

These Terms of Use Agreement (“Terms”) form a legally binding agreement between you (the end-user) and us (Fate Wonder business owner) concerning the website www.FateWonder.com and its Astrology and Nameology services and offerings (“FateWonder”). These Terms are the rules you must agree to if you must use FateWonder.

 

The Terms are in addition to any other agreements and policies posted on FateWonder – most of which are referenced on this page. By accessing FateWonder, creating an account, subscribing to a package, and/or navigating the pages, you warrant that you have read these Terms and agree to be bound by them and any other applicable agreements. If you do not agree to these Terms, we are sorry, but it’s best for everyone that you refrain from using FateWonder.

 

1.      FateWonder; the services

FateWonder provides Astrology, Nameology, and personality assessment services for individuals who need to increase self-awareness, assess their relationships with other or understand other people personality, among other related services. The personality assessment system is based on ancient knowledge combined with advanced computing technologies. Therefore, the result obtained is based solely on an information basis.

 

While we strive to provide accurate information, we do not represent that any information is accurate or to be relied on. The risks and liabilities associated with personality and relationship assessment from using FateWonder will not be ours. You hereby release affiliated third parties and us from any of these risks and liabilities.

 

2.      Applicable individuals

FateWonder is provided in the United States. However, anyone from any location around the world may be able to access it so long such a person is at least 18 years of age, able to form an agreement, and is in a country that is not barred by any international sanctions list, including the US list of banned nationals.

 

If you do not meet all of the above eligibility criteria, we are sorry, but you are not allowed to use FateWonder. If we find out you do not meet all of the criteria above, we reserve the right to terminate your use.

 

3.      Account creation

You may use certain portions of FateWonder freely and without needing to create an account, but to use most of the services, you are required to create an account and submit personal information that may be used to identify you.

 

We require accurate and complete information during your account creation to keep FateWonder secure. Therefore, you warrant to us that any information you submit regarding your registration is accurate and complete. You further warrant that you will correct any inaccurate information as applicable. You can correct your information by using the settings function of your account profile.

 

We care about the security of your account, and we encourage strong password combinations. However, you also are partly responsible for keeping your login credentials (email and password) confidential. You shall not license, sell, or transfer your account to a third party without our written approval.

 

You may be provided with social media plugins – such as Facebook, Google, and Twitter – for your account creation process. Where you request to sign up to FateWonder through any of the social media plugins, you authorize us to obtain the personal information you have on the applicable social media to create an account for you. By using any social media plugin, you represent that you have the authority to grant us such permission and that you own the social media account you integrate.

 

4.      Privacy policy

We collect personal information and other information, including where relevant, registration information, cookie information, payment method information, and so on. Why we collect this information, who has access to it, and how we secure it is described in our Privacy Policy. Please, read and agree to it, as it forms a part of the Terms.

 

5.      Paid services; fees and payments

This section applies if you request any premium, paid service on FateWonder.

·        Pricing: FateWonder contains certain paid services (for example consultation services) with different pricing structures. Each paid service has its fees described on the payment page. You agree to the pricing of any paid service as described on the service page. You also agree that we reserve the right to change the cost of each service at any time, which shall take effect on your next purchase.

 

·        Taxes: Except where specified, our paid services shall not include any taxes, including VAT, withholding tax, sales tax, or levies and duties imposed by the government of any location.

 

·        Payment method: You are required to submit payment method information for us to process your payments. At the moment, we accept the payment methods supported by Stripe – our third-party payment processor - including credit/debit cards, GPay, and Apple Pay (and where applicable, discounts). By submitting your payment method information, you agree to the pricing, and you authorize Stripe to deduct the applicable amount from your payment method. You also warrant that the payment method added contains an amount that is enough to cover the paid service. We are not responsible for any charges imposed by the payment method provider.

 

·        Subscription: Certain paid services may run on a subscription model. By purchasing a subscription-based paid service, you agree that your payment method may be automatically charged for the next billing cycle unless you cancel it prior.

 

·        Refund policy: You understand that the nature of FateWonder does not allow us to always accept refund requests whenever there is one. You understand that FateWonder is provided “as is” without warranties. Therefore, you agree that once you make payment, there will be NO REFUND. However, we may issue refunds on a case-by-case basis at our discretion. To request a refund, get in touch with us at support@FateWonder.com.

 

·        Chargeback: You agree that a chargeback after paying for a service is a violation of these Terms.

 

6.      FateWonder Property

The content on FateWonder, including all texts, images, articles, website design, footer, icons, logos, documents, look and feel, audios, videos, software, databases, and source codes, as well as trademarks, service name, domain name, and trade name (“FateWonder Property”), are our exclusive property. They are licensed to us (FateWonder business owner) and subject to copyright, patent right, and other intellectual property rights in the State of California, the United States, and worldwide.

 

You may not copy, download, or use the trademarks, trade names, or any of the FateWonder Property – including in association with other products and services – in any form that is likely to create confusion without us approving it in writing.

 

Based on your eligibility to use FateWonder, your agreement to be bound by the Terms, and your payment of the applicable fees (where relevant), we hereby grant you a limited, non-exclusive, non-transferable, non-licensable, revocable license to access, navigate around, and use FateWonder, including downloading any of our content, for your personal, non-commercial use. You may not download any information on FateWonder for a resell to another user or third party without us issuing an approval notice to that effect.

 

7.      Acceptable use policy

You agree that your use of FateWonder must be in accordance with the Terms and all applicable laws.

 

When using FateWonder, you agree that you must not:

(i)                 misrepresent your identity or submit any inaccurate information;

(ii)                use FateWonder to create any commercial endeavors, including any pyramid scheme or other fraudulent practices;

(iii)               launch any software, scripts, robots, or other codes in order to scrape or otherwise extract any information or otherwise override any security put in place on FateWonder (for example, the voting system);

(iv)               attempt to decipher, decompile, or reverse-engineer any of the software that make up FateWonder in order to access any portion you do not have proper access;

(v)                launch any viruses, worms, trojan horses, or other harmful programs in order to disrupt FateWonder’s smooth running; or

(vi)               launch any program that may overburden FateWonder or the networks connected to it.

 

We encourage you to report any user action that goes against the provision of the Terms by contacting us at support@FateWonder.com or any reporting feature that we may provide. We reserve the right to investigate and take actions, including terminating the user’s account if we receive a report of the user violating the Terms.

 

8.      Testimonials

You may provide us with feedback, rating, review, or testimonial (“Testimonials”) regarding your use and experience with FateWonder. You understand that we are not required to compensate you for any Testimonials you provide to us. And you agree that we may upload, host, and use your Testimonials on FateWonder or any other media channel, including for our marketing, promotion, and advertising purposes.

 

9.      Termination

You understand that we reserve the right to suspend, limit, or terminate your account at any time for any reason and without refund, including if we believe that your use violates the Terms, any applicable law, or any ethical behavior. You also may terminate your account by reaching out to us via our email address at support@FateWonder.com. Upon the termination of your account – either by you or us – the Terms shall terminate, except for any provision under the Terms that by their nature is expected to survive. These provisions may include the dispute resolution, disclaimers, limitation of liability, and indemnification clauses.

 

10. General disclaimer of service

We provide FateWonder on “as is” and “as available” basis without warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a purpose, title, or non-infringement. We make no warranties of the reliability of the information, software, voting system, and other services provided on FateWonder. To the maximum extent permitted by law, you understand that your use of FateWonder is at your sole risk.

 

We do not warrant that (i) the information provided is accurate, complete, or reliable; (ii) the website will run at all times without downtime; (iii) the information you provide is secure from unauthorized access or use; or (iv) the website is free from third party-induced viruses, worms, trojan horses, and other harmful software.

 

11. Limitation of liability

To the maximum extent permitted by applicable law, you understand that we (including our employees, owners, directors, affiliates, and partners) will not be liable to you or any third party for any indirect, special, consequential, punitive, or incidental damages that you may suffer for using FateWonder, including without limitation, damages of loss of profit, revenue, time, integrity, goodwill, or any intangible or future damages – whether such damages are based on contract, tort (including negligence), or any other legal theory.

 

Nevertheless, if we are found liable for any losses or damages incurred by you resulting from FateWonder, our total liability shall not exceed the sum of the fees you paid to us for the past 6 months or $100, whichever is greater.

 

Certain jurisdictions do not allow the limitations on implied warranties or the exclusion of liability for certain damages. If you belong to such jurisdictions, then the above limitations may not apply to you, and you may have added rights.

 

12. Indemnification

You hereby agree to indemnify, defend, and hold us (including our employees, owners, directors, affiliates, and partners) harmless from and against any losses, liabilities, demands, issues, claims, disputes, damages, costs, and expenses (including reasonable attorneys’ fees) resulting from (i) your use or inability to use FateWonder; (ii) your violation of these Terms; or (iii) your violation of any applicable law.

 

13. Dispute resolution

This section applies if you have a dispute to settle with us. You agree that if you have any dispute or disagreement with us, you shall contact us at support@FateWonder.com to try and settle the dispute informally. If we are unable to come to a resolution, you have the right to pursue a lawsuit.

 

a.   Governing law and jurisdiction: The Terms and all aspects of FateWonder shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law and its principles. With respect to any disputes not subject to informal resolution or binding arbitration (as set forth below), you agree not to commence or prosecute any action other than in the State and Federal courts located in the State of California. And you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in such courts.

 

b.   Binding arbitration: If we are unable to agree on an informal resolution for at least 30 days, either of us may elect to have the dispute settled by binding arbitration subject to the terms described herein (excluding the exceptions below). Any election to arbitrate by a party shall be binding on the other. YOU UNDERSTAND THAT ABSENT THIS ARBITRATION PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted in line with the Commercial Arbitration Rules of the American Arbitration Application (AAA), and where appropriate, the AAA’s supplementary procedures for Consumer Related Disputes (AAA Consumer Rules). Both of these rules may be found on the AAA’s website at www.adr.org. The decision of a dispute being qualified for arbitration shall be determined by the Federal Arbitration Act in a court rather than an arbitrator. Your arbitration fees and share of the arbitration compensation shall be governed by the AAA Consumer Rules. If such fees are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Parties may elect to arbitrate by submitting documents, in person, by phone, or online. The arbitrator shall decide in writing but need not provide reasons unless a party requests. If the arbitrator does not follow applicable laws, a party may challenge them.

 

c.    Arbitration restrictions: You hereby agree that an arbitration shall be limited to the dispute between you and us. To the maximum extent permitted by law, (i) no arbitration shall be joined with another, (ii) no dispute shall be arbitrated on a class-action basis or utilize class-action procedures, and (iii) no dispute shall be brought in a purported representative capacity on behalf of another person or the public.

 

d.   Exceptions: You hereby agree that the following disputes shall not be subject to informal resolution or binding arbitration: (i) any dispute seeking to enforce or protect (or concerning the validity of) any party’s intellectual property rights; (ii) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (ii) any claim from injunctive relief.

 

14. International users; sanctions

FateWonder is provided in the United States and may be available globally. By using FateWonder, you understand that your use must not violate any applicable law of your location. You may not use FateWonder in any location that is a subject of the US government embargo, or a country that has been designated by the US government to be terrorist-supporting

 

15. Third-party services

Some portions of FateWonder may contain adverts, links, and content from third-party entities and services. That any of such adverts, links, and content exist on FateWonder does not mean that we endorse them to be reliable, safe, or credible. Such adverts, links, and content are not monitored by us, nor are they governed by these Terms. You should review the websites and apps of the respective providers of these adverts, links, and content before you access their services. You hereby release us from any damages, losses, or liabilities that may be associated with any third-party adverts, links, and content that exist on FateWonder.

 

16. Updates to Terms

We may revise and update any clause, section, or provision under the Terms from time to time, and such updates will be posted on this page. We will make efforts to communicate any updates to you via your email address or any portion of FateWonder. Nevertheless, you agree to frequently review this page to be kept abreast of the latest updates. 

 

17. General terms

·        Entire agreement: The Terms represent the entire agreement between you and us with respect to your use of FateWonder. The Terms – together with the other referenced agreements and policies – supersede any previous agreements, promises, covenants, and understanding between you and us – whether oral or in writing.

 

·        Severability: If any portion or provision under the Terms is found to be invalid by any applicable law, such a portion or provision shall be deemed severable from the Terms, and it shall not affect the remaining valid portions or provisions.

 

·        Waiver: If we fail or delay to enforce a violation of the Terms, it shall not serve as a waiver of our right to enforce it later or on similar violations. No waiver under the Terms shall be valid except it’s put in writing.

 

·        Force majeure: If we are unable to provide any service on FateWonder or there is a delay as a result of any event outside our reasonable control (including riots, internet breakdown, government intervention, acts of God, etc.), we shall not be held liable for any liabilities or damages the delay or failure may cause you.

 

·        Assignment: You may not assign, transfer, or license your right or account under the Terms to any third party without written approval from us. We, on the other hand, may assign our duties to third parties.

 

·        Electronic communications: When you use FateWonder or contact us via email, you are communicating with us electronically. We also may communicate with you electronically through FateWonder and our agreements. By using FateWonder, you consent to electronic communications, and you agree that electronic communications, including via our agreements and policies, satisfy any legal requirement.

 

18. Contact us

For any queries, inquiries, concerns, questions, feedback, review, issues, and claims regarding FateWonder and these Terms, please reach out to us at support@FateWonder.com or use the “Contact Us” section of the website.