TERMS OF USE FOR SPELLSOLOGY LLC

Last Updated: May 3, 2025

OVERVIEW

Please read these Terms of Use ("Terms") carefully before using the website, services, products, content, features, technologies, applications, and any other online or offline activities provided by Spellsology LLC ("us", "we", "our", or the "Company") at www.spellsology.com and any related domains, subdomains, mobile applications, social media accounts, or physical locations (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of our Services.

ACCEPTANCE OF TERMS

By using our Services, you represent and warrant that:

1. You are at least 18 years old, or the age of majority in your state, province, or country of residence, whichever is older;
2. You possess the legal capacity and authority to enter into this legally binding agreement;
3. If you are using our Services on behalf of an organization or entity, you have the authority to bind that organization or entity to these Terms;
4. You agree to provide truthful and accurate information when using our Services;
5. You acknowledge that your use of our Services is voluntary and discretionary.

MODIFICATIONS TO TERMS

We reserve the right, at our sole discretion, to modify, alter, update, or replace these Terms at any time without prior individual notice. We will indicate at the top of this page the date these Terms were last revised.

Your continued use of our Services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to check this page periodically for updates. We may provide notices of material changes by:

1. Posting a notice on our website;
2. Sending an email to the address associated with your account;
3. Displaying a notification when you access our Services.

These changes will become effective immediately upon posting or at a later date specified in the notice.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

All content, materials, features, and functionality available through our Services (including but not limited to text, graphics, artwork, logos, icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the compilation of all content) are owned by Spellsology LLC, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial purposes only. This license does not include:

1. Any resale or commercial use of our Services or their contents;
2. Any collection and use of any product listings, descriptions, or prices;
3. Any derivative use of our Services or their contents;
4. Any downloading or copying of account information for the benefit of another merchant;
5. Any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you are reserved by Spellsology LLC and its licensors.

User Content

By submitting, posting, or displaying content on or through our Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting our Services.

You represent and warrant that:

1. You own the User Content posted by you or otherwise have the right to grant the license set forth above;
2. The posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

USER CONDUCT

You agree to use our Services in a manner consistent with any and all applicable laws and regulations. You agree not to:

1. Use our Services for any illegal purpose, or in violation of any local, state, national, or international law;
2. Harass, abuse, threaten, defame, or otherwise infringe or violate the rights of any other party;
3. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission;
4. Interfere with or disrupt the operation of our Services or servers or networks connected to our Services;
5. Transmit or otherwise make available any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services;
7. Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services;
8. Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
9. Introduce any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
10. Encourage any conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which may harm us or users of our Services.

SMS COMMUNICATIONS

As part of our Services, you may have the option to receive SMS (text message) communications from us. By providing your mobile phone number and opting in to receive such communications, you:

1. Consent to receive automated SMS messages from us related to our Services, including but not limited to promotional offers, transactional information, reminders, and service updates;
2. Understand that standard message and data rates may apply as charged by your mobile carrier and that these charges are your sole responsibility;
3. Acknowledge that text messaging services may not be available in all areas at all times and that circumstances beyond our control may interfere with message delivery;
4. Agree that we may send messages using an automatic telephone dialing system;
5. Understand that providing your consent to receive SMS messages is not a condition of purchasing any goods or services;
6. Agree to notify us immediately if the phone number you have provided changes;
7. Acknowledge that you can opt out of these communications at any time by replying "STOP" to any message you receive from us, and that specific information about SMS communications can be found in our Privacy Policy.

For complete details regarding our SMS messaging program, including how we use and protect your mobile number, please refer to the SMS Communications section of our Privacy Policy.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH OUR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF OUR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPELLSOLOGY LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
3. ANY CONTENT OBTAINED FROM OUR SERVICES;
4. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
5. ANY DECISIONS OR ACTIONS TAKEN OR NOT TAKEN BASED UPON THE INFORMATION PROVIDED THROUGH OUR SERVICES;
6. ANY EMOTIONAL DISTRESS, SPIRITUAL DISCOMFORT, OR PSYCHOLOGICAL IMPACT RESULTING FROM INTERPRETATIONS, READINGS, OR CONSULTATIONS.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU TO SPELLSOLOGY LLC, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Spellsology LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your violation of these Terms;
2. Your User Content;
3. Your use of our Services, including, but not limited to, any use of the content, services, or products other than as expressly authorized in these Terms;
4. Your use of any information obtained from our Services;
5. Any decisions or actions taken by you or third parties based on information or content provided through our Services.

GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

DISPUTE RESOLUTION

Mandatory Arbitration

Any dispute arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the rules of the American Arbitration Association.

The arbitration will be conducted in the English language, in Wilmington, Delaware, unless another location is mutually agreed upon. The arbitration award shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver

YOU AND SPELLSOLOGY LLC 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 OR REPRESENTATIVE PROCEEDING.

Small Claims Court

Notwithstanding the foregoing, either you or Spellsology LLC may bring an individual action in small claims court.

ADDITIONAL DISCLAIMERS

Medical Disclaimer

Our Services are not intended to diagnose, treat, cure, or prevent any disease or health condition. The content made available through our Services is provided for general information purposes only and is not intended to substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Financial Disclaimer

Our Services do not constitute financial advice. The information provided through our Services should not be used for making investment decisions, financial planning, tax preparation, or addressing other financial matters. We recommend consulting with a qualified financial advisor before making any financial decisions.

Legal Disclaimer

Our Services do not constitute legal advice. No attorney-client relationship is created through your use of our Services. We recommend consulting with a qualified attorney for legal advice tailored to your specific situation.

Spiritual/Metaphysical Disclaimer

Any spiritual, metaphysical, paranormal, or supernatural content or services provided through our Services are for entertainment purposes only. We make no claims regarding the efficacy, accuracy, or reliability of such content or services. Results may vary, and no specific outcome is guaranteed.

TERMINATION

We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms, is harmful to other users, us, or third parties, or violates applicable law.

SEVERABILITY

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and Spellsology LLC regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

WAIVER

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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