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Terms of Service

Last updated: November 2024

1. Acceptance of Terms

By downloading, installing, accessing, or using the Zodya mobile application ("App," "Service," or "Application"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms," "Agreement," or "Terms of Service"). These Terms constitute a legally binding agreement between you and Zodya ("Company," "we," "our," or "us").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms within the App or on our website. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Description of Service

Zodya is a mobile application that provides entertainment-based fortune telling and spiritual guidance services, including but not limited to:

  • Tarot card readings and interpretations
  • Turkish coffee cup fortune telling (Tasseography)
  • Palm reading (Palmistry)
  • Daily, weekly, and monthly horoscope predictions
  • Zodiac compatibility readings
  • Personalized spiritual guidance and mystical insights

The App is available for download on the Apple App Store. Certain features may require a paid subscription or in-app purchases.

3. Eligibility and Age Requirements

To use the App, you must:

  • Be at least 13 years of age (or 16 years of age in the European Economic Area)
  • Have the legal capacity to enter into a binding agreement
  • Not be barred from using the App under any applicable laws

If you are between 13 and 18 years old (or between 16 and 18 in the EEA), you must have your parent or legal guardian's permission to use the App and they must agree to these Terms on your behalf.

By using the App, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the App.

4. User Accounts

4.1 Account Creation: To access certain features of the App, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information.

4.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to:

  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or use of your account
  • Not share your account credentials with any third party
  • Not create multiple accounts for deceptive purposes

4.3 Account Termination: We reserve the right to suspend, disable, or delete your account at any time, with or without notice, for any reason, including violation of these Terms.

5. Subscriptions and In-App Purchases

5.1 Premium Features: Zodya offers subscription plans and in-app purchases to access premium features and content.

5.2 Payment Terms:

  • Payment will be charged to your Apple ID account at confirmation of purchase.
  • All payments are processed by Apple through the App Store. We do not collect or store your payment information.
  • Prices are displayed in your local currency and may vary by region.

5.3 Subscription Auto-Renewal:

  • Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current subscription period.
  • Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
  • You can manage and cancel your subscriptions by going to your Account Settings in the App Store after purchase.

5.4 Free Trials:

  • We may offer free trial periods for certain subscriptions.
  • Any unused portion of a free trial period will be forfeited when you purchase a subscription.
  • Free trials may only be used once per Apple ID.

5.5 Refunds: All purchases are final and non-refundable, except as required by applicable law or as determined by Apple's refund policies. For refund requests, please contact Apple Support directly.

6. Entertainment Purposes Disclaimer - IMPORTANT

PLEASE READ THIS SECTION CAREFULLY.

ALL READINGS, PREDICTIONS, INTERPRETATIONS, AND CONTENT PROVIDED BY ZODYA ARE FOR ENTERTAINMENT PURPOSES ONLY. The App is designed to provide a fun, engaging, and entertaining experience inspired by traditional fortune telling and spiritual practices from various cultures around the world.

6.1 No Professional Advice: The content provided through the App does NOT constitute and should NOT be construed as:

  • Professional, medical, health, or healthcare advice
  • Legal advice or legal services
  • Financial, investment, or tax advice
  • Psychological, psychiatric, or mental health counseling
  • Relationship or marriage counseling
  • Any other form of professional advice or services

6.2 Consult Professionals: You should always seek the advice of qualified professionals for any important life decisions, health concerns, legal matters, financial decisions, or any other matters requiring professional expertise. Never disregard professional advice or delay seeking it because of something you have read or received through the App.

6.3 No Guarantees: We make no representations, warranties, or guarantees regarding the accuracy, reliability, completeness, or timeliness of any readings, predictions, or content provided through the App. Results and experiences may vary.

6.4 Personal Responsibility: You acknowledge that any actions you take based on information received through the App are taken at your own risk and sole responsibility. We are not responsible for any decisions you make or actions you take based on the content provided.

7. User Content and Conduct

7.1 User Content: By uploading photos or other content to the App (such as coffee cup images or palm photos), you:

  • Grant us a non-exclusive, royalty-free license to use, process, and analyze such content solely for the purpose of providing readings
  • Represent that you have all necessary rights to upload such content
  • Acknowledge that uploaded photos are processed for readings and deleted according to our Privacy Policy

7.2 Prohibited Conduct: When using the App, you agree NOT to:

  • Use the App for any illegal, unauthorized, or fraudulent purpose
  • Violate any applicable laws, regulations, or third-party rights
  • Attempt to gain unauthorized access to the App, its servers, or related systems
  • Interfere with, disrupt, or damage the App or its infrastructure
  • Upload or transmit viruses, malware, or other malicious code
  • Reverse engineer, decompile, or disassemble any part of the App
  • Scrape, harvest, or collect data from the App without authorization
  • Use automated systems, bots, or scripts to access the App
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the App to harm, threaten, harass, or abuse others
  • Upload inappropriate, offensive, or illegal content
  • Circumvent or attempt to circumvent any access restrictions or security measures

8. Intellectual Property Rights

8.1 Our Intellectual Property: All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of Zodya or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Restrictions: You may NOT:

  • Copy, reproduce, distribute, or create derivative works of any content from the App
  • Modify, adapt, translate, or reverse engineer any part of the App
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use our trademarks, logos, or brand elements without prior written consent
  • Use the App or its content for any commercial purpose without authorization

8.3 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on devices you own or control.

9. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR READINGS
  • WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

YOUR USE OF THE APP IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 IN NO EVENT SHALL ZODYA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business
  • Loss of data or information
  • Loss of goodwill or reputation
  • Personal injury or emotional distress
  • Any damages arising from your use of or inability to use the App
  • Any damages arising from any content or readings provided through the App
  • Any damages arising from unauthorized access to or alteration of your data

10.2 OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

10.3 THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Zodya and its affiliates, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights, including intellectual property rights
  • Any content you upload or submit to the App
  • Any actions you take based on readings or content received through the App

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Informal Resolution: Before filing any formal dispute, you agree to first contact us at appskiesltd@gmail.com and attempt to resolve any dispute informally for at least 30 days.

12.2 Binding Arbitration: If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver: YOU AND ZODYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Zodya agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.4 Opt-Out: You may opt out of this arbitration agreement by sending written notice to appskiesltd@gmail.com within 30 days of first accepting these Terms.

13. Termination

13.1 Termination by You: You may terminate your account at any time by deleting your account through the App settings or by contacting us. Note that deleting the App does not automatically cancel any active subscriptions.

13.2 Termination by Us: We reserve the right to suspend, disable, or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users, us, or third parties
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies
  • Discontinuation or modification of the App

13.3 Effect of Termination: Upon termination, your right to use the App will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

14. Third-Party Services and Links

The App may contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

15. Apple-Specific Terms

If you downloaded the App from Apple's App Store, the following additional terms apply:

  • These Terms are between you and Zodya only, not with Apple. Zodya, not Apple, is solely responsible for the App and its content.
  • Apple has no obligation to provide any maintenance or support services for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation.
  • Apple is not responsible for addressing any claims relating to the App or your use of the App.
  • Apple is a third-party beneficiary of these Terms and may enforce these Terms against you.
  • You must comply with any applicable third-party terms when using the App.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Zodya operates, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Zodya agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Zodya.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the App, constitute the entire agreement between you and Zodya regarding the use of the App, superseding any prior agreements between you and us relating to the App.

20. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and assigns.

21. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, or power outages.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

Email: appskiesltd@gmail.com

We will make reasonable efforts to respond to your inquiries in a timely manner.

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