Terms & Conditions
Terms and Conditions
Last updated April, 2026.
These Terms and Conditions ("Terms") govern your access to and use of the website located at www.mytraitsprofile.com (the "Website"), the "MyTraitsProfile" software application (the "Application"), and all associated features, content, personality assessments, generated reports, membership plans, and services provided through the foregoing (collectively, the "Services"). The Services are owned, operated, and provided by Revuelto Sàrl, RCS B303230, private limited liability company incorporated under laws of Luxembourg, having its registered office at 10 Rue Mathias Hardt, 1717, Luxembourg. (the "Company"). The Company develops, maintains, and delivers all Services, including personality assessments, generated reports, and application content, and is responsible for billing, payment processing, membership administration, and customer support. The Website and Services operate on a digital commerce payment collection model.
These Terms form a legally binding agreement between you ("You", "Your", or "User") and the Company.
By visiting the Website, completing any assessment, registering an account, purchasing a trial or membership plan, or otherwise engaging with the Services, You confirm that You have read, understood, and accept these Terms in their entirety. If You do not accept these Terms, You must immediately discontinue use of the Website, the Application, and the Services.
The Services are made available subject to Your agreement to these Terms. Your engagement with the Services, whether through the purchase of a limited-duration introductory paid access period (the "Trial Plan") or an automatically renewing paid membership granting continued access (the "Membership"), constitutes Your explicit consent to these Terms.
The Company is solely responsible for the development, ownership, licensing, operation, and maintenance of the Application and Services, encompassing all substantive content, personality assessments, and generated reports. The Company bears responsibility for the overall operation, functionality, content quality, and legal compliance of the Application and Services, as well as payment collection and membership management. The Company does not guarantee the accuracy, applicability, or outcomes of any assessments or reports, except as mandated by applicable law.
By accessing or using the Website or Services, You affirm that You possess the legal capacity to enter into a binding contract and that You agree to abide by these Terms without reservation. If You are using the Services on behalf of a business, organization, or other legal entity, You represent and warrant that You hold the authority to bind such entity to these Terms, and all references to "You" and "Your" shall be construed accordingly. These Terms include important provisions concerning dispute resolution, limitation of liability, and Your legal rights; You are strongly encouraged to review them thoroughly.
By completing payment for a Trial Plan or Membership, You enter into a binding agreement with the Company for the provision of the Services and agree to comply with these Terms in full. A service contract for use of the Application and Services is formed directly between You and the Company upon completion of such purchase, and the Company assumes sole responsibility for delivering the Services in accordance with these Terms.
You bear sole responsibility for ensuring that Your device satisfies the minimum technical requirements necessary to access and operate the Application, including a compatible operating system, adequate storage capacity, and a stable internet connection. The Company is not liable for any failure to access or use the Application attributable to device incompatibility, technical limitations, or connectivity issues on Your end.
If You do not accept these Terms, You must refrain from accessing or using the Website or Application, purchasing a Trial Plan or Membership, or submitting any personal information.
1. Eligibility
1.1. You must be at least eighteen (18) years of age, or have attained the age of legal majority in Your jurisdiction, in order to access or use the Services, register an Account, or purchase a Trial Plan or Membership.
1.2. By engaging with the Services, You represent and warrant that:
1.2.1. You satisfy the applicable age requirements; 1.2.2. You possess the legal capacity to form a binding contract; and 1.2.3. Your use of the Services is in compliance with all applicable laws and regulations.
1.3. If You are accessing or using the Services on behalf of a company, organization, or other legal entity, You represent and warrant that You are duly authorized to bind that entity to these Terms. In such circumstances, all references to "You" or "Your" shall be understood as referring to that entity.
1.4. The Services are not designed for use by minors. The Company does not knowingly collect personal data from individuals under the age of eighteen (18). Should the Company become aware that personal data belonging to a minor has been collected without proper consent, it reserves the right to delete such data and terminate the associated Account.
2. Data Protection & Privacy
2.1. The Company is committed to protecting Your privacy and personal data. The collection, use, disclosure, and safeguarding of personal information in connection with Your use of the Website, the Application, and the Services are governed by our Privacy Policy, which constitutes an integral part of these Terms.
2.2. Our Privacy Policy sets out the categories of personal information we collect, the purposes and legal bases for processing, the circumstances under which information may be shared, Your rights under applicable data protection legislation, and the means by which You may exercise those rights.
2.3. By accessing or using the Services, completing any assessment, creating an Account, or purchasing a Trial Plan or Membership, You acknowledge that You have read, understood, and consent to the practices outlined in the Privacy Policy.
2.4. The Privacy Policy is accessible at: https://mytraitsprofile.com/docs/privacy-policy
3. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY.
3.1. This section includes provisions regarding arbitration, waiver of class proceedings, and waiver of jury trial. By accepting these Terms, You acknowledge that You may be waiving certain legal rights.
Informal Resolution of Disputes
3.2. The Company encourages the informal resolution of disputes before formal proceedings are initiated. Before commencing any legal action, You agree to first attempt to resolve any dispute, claim, or controversy arising from or related to these Terms (each, a "Claim") by contacting us at: [email protected]
3.3. Your notice must contain:
3.3.1. Your full name and contact information; 3.3.2. A clear description of the nature and basis of the Claim; and 3.3.3. The specific remedy You seek, including any monetary amount.
3.4. If the Claim remains unresolved within sixty (60) days of receipt of Your notice, either party may proceed in accordance with the provisions below.
Applicable Law
3.5. These Terms, and any claim, dispute, or cause of action arising out of or in connection with these Terms or the Services, shall be governed by and interpreted in accordance with the laws of the Grand Duchy of Luxembourg, without regard to conflict of law provisions. This choice of law does not deprive consumers of any mandatory rights, protections, or legal remedies afforded under the laws of their country or jurisdiction of residence, including applicable European Union consumer protection regulations.
3.6. Except where prohibited by applicable law or where mandatory consumer protection rules provide otherwise, arbitration shall serve as the exclusive mechanism for resolving any Claim, and You expressly waive any right to pursue relief in a court of law, including the right to a jury trial, except as expressly provided in this section.
Arbitration Agreement
3.7. Unless prohibited by applicable law, arbitration shall be the sole means of resolving any Claim, and You expressly waive any right to seek judicial relief, including the right to a jury trial, except as expressly permitted herein.
3.8. Arbitration shall be conducted on an individual basis only. The arbitrator shall have no authority to consolidate claims, hear class or representative proceedings, or grant relief on a non-individual basis.
3.9. The arbitrator's authority shall be limited to awarding actual, proven damages suffered by You individually. To the maximum extent permitted by law, the arbitrator may not award punitive damages, statutory multipliers, or damages based on the alleged harm of others.
3.10. Each party shall bear its own legal costs and expenses, unless the arbitrator determines that applicable law expressly requires a different allocation.
3.11. Opting out of arbitration does not affect the enforceability of the class action waiver, jury trial waiver, or any other limitation of remedies set out in these Terms.
Waiver of Class Proceedings and Jury Trial
3.12. To the maximum extent permitted by applicable law, all Claims must be pursued solely on an individual basis. You expressly agree not to bring, participate in, or seek to participate in any Claim as a plaintiff, claimant, or class member in any class action, collective action, representative proceeding, consolidated action, or similar mechanism.
3.13. No Claim may be joined or consolidated with claims of another individual, and no Claim may be brought on behalf of the general public or other Users.
3.14. Where applicable law does not permit waiver of certain collective or representative proceedings, You agree that:
3.14.1. Any permitted Claim shall be limited exclusively to Your individual, personal relief; 3.14.2. You waive any right to seek or obtain injunctive, declaratory, or non-individual relief on a class, collective, representative, or public basis; 3.14.3. You may not act as a representative, private attorney general, or agent of any consumer organization bringing claims against the Company.
3.15. Claims may not be assigned, transferred, aggregated, or pursued by third parties, including claims acquisition entities, consumer associations, litigation funders, or representative bodies, except where such restriction is expressly prohibited by mandatory law.
3.16. If any portion of this waiver is found unenforceable with respect to a specific Claim or remedy, such provision shall be severed only to the minimum extent necessary, and all remaining provisions shall continue in full force and effect.
Court Proceedings in Support of Arbitration
3.17. Notwithstanding the arbitration provisions above, either party may seek temporary, preliminary, or injunctive relief from a court of competent jurisdiction solely to protect its rights, enforce intellectual property or confidentiality obligations, or preserve the status quo pending the conclusion of arbitration. Such court proceedings shall not constitute a waiver of, nor be inconsistent with, the obligation to resolve all Claims through binding arbitration as set forth herein.
EU Users – Online Dispute Resolution
3.18. If You are a consumer residing in the European Union, You may, where applicable, submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
3.19. Participation in the ODR platform is voluntary and does not limit, replace, or affect Your statutory rights or remedies under applicable consumer protection laws.
4. Your Use of the Services
4.1. Subject to Your compliance with these Terms and all applicable laws, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for Your personal, non-commercial purposes. This license permits use of the Services only as expressly authorized under these Terms and confers no ownership rights or proprietary interests upon You.
4.2. You may not copy, reproduce, modify, distribute, sell, lease, sublicense, or otherwise exploit any portion of the Services or their content, except where expressly permitted under these Terms or with the Company's prior written consent. All rights not expressly granted herein are reserved by the Company.
Account Registration and Security
4.3. Certain features of the Services may require You to create a user account (the "Account"). An Account may be generated automatically following Your purchase of a Trial Plan or Membership. Upon successful payment, login credentials may be delivered to You by email.
4.4. You are solely responsible for safeguarding the confidentiality and security of Your Account credentials and for all activity occurring under Your Account. You represent and warrant that all information provided in connection with Your Account is accurate, complete, and kept current, and You agree not to impersonate any other person or entity or misrepresent Your affiliation.
4.5. If You suspect unauthorized access to or use of Your Account, You must notify us immediately at [email protected]. The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate Your Account or deny access to the Services if it reasonably suspects unauthorized use, fraud, security breaches, or violations of these Terms.
How the Services Work
4.6. The Services allow Users to complete digital personality assessments and receive individualized reports generated from their responses (the "Report(s)"). A typical user journey involves visiting the Website, completing one or more assessments by responding to the provided questions, and receiving a personalized report generated automatically by the Services.
4.7. To access the generated report and associated features, Users may be offered a paid Trial Plan. Upon successful payment of the applicable Trial Plan fee, Users receive immediate access to the Services. Following payment, Users may receive an email containing Account login credentials and a copy of the generated report.
4.8. While a Trial Plan or Membership remains active, Users may complete additional assessments within the Services at no additional cost, unless otherwise indicated. Reports and assessment results are generated automatically on the basis of user-provided information and are furnished for informational and educational purposes only.
4.9. You agree to use the Services exclusively for lawful purposes and in full compliance with these Terms and all applicable laws and regulations. You bear sole responsibility for the accuracy of the information You provide when using the Services and for any decisions or actions You take based on reports or other outputs generated through the Services.
4.10. You acknowledge and agree that the Services do not constitute medical, psychological, legal, or other professional advice, and that any reliance on reports or assessment results is entirely at Your own risk.
Prohibited Uses
4.11. You agree not to misuse the Services or enable others to do so. Prohibited conduct includes, but is not limited to, creating multiple Accounts, transferring or selling an Account, accessing the Services via another user's Account without authorization, providing false or misleading information, or utilizing the Services for commercial purposes absent express written consent.
4.12. You further agree not to copy, scrape, harvest, or extract content or data from the Services by automated means; reverse engineer, decompile, or attempt to derive source code; upload or transmit malware or harmful code; interfere with the integrity, performance, or security of the Services; access systems or data not intended for You; impersonate others; or violate any applicable law, regulation, or third-party right.
4.13. Any breach of this section may result in the immediate suspension or termination of Your Account.
Suspension and Termination of Access
4.14. The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate Your access to the Services or Your Account if it determines that You have breached these Terms, engaged in fraudulent, abusive, or unlawful conduct, posed a security or legal risk, or where such action is required by law or a regulatory authority.
4.15. Suspension or termination of access does not relieve You of any payment obligations incurred prior to such action and does not entitle You to any refund, except as required by applicable law.
5. Fees, Trial & Membership Plans
Fees and Payment Authorization
5.1. Certain features of the Services are subject to a fee (the "Fees"). All applicable Fees are disclosed prior to purchase, including during checkout. By providing payment information and completing a purchase, You authorize the Company to charge Your selected payment method for all applicable Fees, including recurring Membership charges, in accordance with these Terms.
5.2. You agree to provide current, complete, and accurate payment and billing information and to update such information promptly as necessary to ensure successful processing. Fees may be denominated in EUR or other currencies as displayed at checkout. Currency conversions, foreign transaction fees, or additional charges imposed by Your payment provider are solely Your responsibility.
5.3. The Company reserves the right to correct any pricing errors, inaccuracies, or omissions, including after payment has been requested or received. In the event of a pricing error, the Company may cancel or adjust the affected transaction and, where applicable, issue a refund or request additional payment.
Trial Plan
5.4. New Users may be offered a one-time Trial Plan providing limited access to the Services for a specified introductory period. Unless otherwise stated at checkout, the Trial Plan fee is EUR 1.95, the Trial Plan duration is seven (7) days, and access to the Services is granted immediately upon successful payment.
5.5. The Trial Plan is designed to allow Users to access their generated Report and explore the Services. Unless You cancel the Trial Plan before the end of the introductory period, it will automatically convert into a paid Membership as described below.
Membership and Automatic Renewal
5.6. Upon expiration of the Trial Plan period, Your access to the Services will automatically continue under a Membership unless You cancel in accordance with these Terms. Unless otherwise stated at checkout, the Membership fee is EUR 39.95, each Membership Period is twenty-eight (28) days, and the Membership renews automatically at the end of each Membership Period.
5.7. By purchasing a Trial Plan or Membership, You expressly acknowledge and agree that Your selected payment method will be charged automatically for each Membership Period without further authorization and that the Membership will continue until You cancel. The Company may adjust Membership Fees from time to time and will provide advance notice of any such changes. Updated Fees will not apply to Your current Membership Period, and if You do not agree to the revised Fees, You must cancel Your Membership before the changes take effect.
Timing of Charges and Billing Date
5.8. The billing date for Your Membership (the "Billing Date") is the date on which the applicable Membership Fee is charged to Your payment method. Membership Fees are charged in advance for each Membership Period, and access to the Services is granted immediately upon successful payment.
5.9. You acknowledge that billing cycles may vary slightly due to calendar differences, payment processing delays, or technical adjustments.
5.10. If a payment is declined or otherwise fails, the Company may reattempt processing using the same payment method. Payment reattempts may continue for up to fourteen (14) days following the original Billing Date.
5.11. During this period, Your access to the Services may be temporarily restricted, and You remain liable for all outstanding Fees. If payment cannot be successfully collected within the reattempt period, Your Membership may be suspended or terminated. Any bank fees, chargeback fees, or other costs resulting from failed payments are Your responsibility.
5.12. You may cancel Your Trial Plan or Membership at any time in accordance with Section 6. To avoid being charged for the next Membership Period, cancellation must be completed before the end of the current Trial Plan or Membership Period.
5.13. Cancellation does not affect Fees already paid and does not entitle You to a refund, except as required by applicable law.
6. Cancellation
6.1. You may cancel Your Trial Plan or Membership at any time prior to the end of the applicable Trial Plan or Membership Period. Cancellation may be completed by logging into Your Account and using the "Cancel Membership" functionality within the platform, or by contacting customer support at [email protected] using the email address associated with Your Account.
6.2. To avoid incurring charges for the next Membership Period, cancellation must be completed before the current Trial Plan or Membership Period ends. If cancellation is submitted after the applicable deadline, the cancellation will take effect at the end of the following billing cycle, and the corresponding Membership Fee will be charged. Once a new Membership Period has commenced, the applicable Membership Fee is non-refundable, except as required by applicable law.
6.3. Upon successful cancellation, You will retain access to the Services until the end of the current Trial Plan or Membership Period, after which no further recurring charges will be applied unless You elect to re-subscribe. Cancellation of a Membership does not automatically delete Your Account. Account deletion may be requested separately in accordance with these Terms.
6.4. Memberships are personal to the User and may not be assigned, transferred, or shared with any third party without the Company's prior written consent. The Services are available only to Users who satisfy the Company's eligibility requirements, including minimum age and geographic restrictions.
6.5. The Company reserves the right, at its sole discretion, to modify, update, or discontinue Membership terms, benefits, pricing, promotions, eligibility requirements, or available features at any time. Any such changes will apply on a prospective basis and will not affect the current Membership Period. In the event of a material change, such as an increase in Membership pricing, the Company will provide reasonable advance notice of no less than thirty (30) days via email, affording You the opportunity to cancel Your Membership before the updated terms take effect. Continued use of the Membership after the effective date of such changes constitutes Your acceptance of the updated Terms.
7. Refund Policy
7.1. All Trial Plans and Memberships constitute digital services that are made available immediately upon purchase. Except as required by applicable law, all purchases are final and refunds are not guaranteed. Any refunds that may be granted are issued solely at the Company's discretion on a case-by-case basis.
7.2. If You believe You are entitled to a refund, You must contact customer support at [email protected], providing the email address associated with Your Account, details of the relevant transaction, and a clear explanation of the grounds for Your request. Refund requests will not be considered unless submitted directly to customer support.
7.3. Initiating a chargeback, payment dispute, or refund request through a payment provider or third-party platform without first contacting customer support may result in the suspension or termination of Your Account and does not guarantee a refund.
7.4. You agree that initiating a chargeback, payment dispute, or claim with Your card issuer or financial institution for a validly authorized transaction constitutes a material breach of these Terms. If You initiate a chargeback for a transaction authorized in accordance with these Terms (including recurring Membership charges), the Company reserves the right to:
7.4.1. Immediately suspend or terminate Your Account and access to the Services; 7.4.2. Contest the chargeback by providing evidence of Your authorization and use of the Services (including access logs and viewed reports); 7.4.3. Report Your Account details, including name, email address, and transaction history, to industry fraud prevention databases and credit risk agencies to deter further fraudulent activity; and 7.4.4. Pursue recovery of the disputed amount together with any applicable chargeback fees, administrative costs, and legal expenses incurred by the Company.
7.5. Trial Plan fees are generally non-refundable, as access to the Services and the generated Report is provided immediately upon purchase.
7.6. Membership Fees are charged in advance for each recurring period during which a Membership is active and paid (the "Membership Period"). Once a Membership Period has commenced, the applicable Membership Fee is non-refundable, except as required by applicable law. The Company does not offer partial refunds, credits, or reimbursements for unused time within a Membership Period.
7.7. If You are a consumer residing in the European Union, You are typically entitled to withdraw from distance contracts within fourteen (14) days. However, by purchasing a Trial Plan or Membership, You request immediate access to the digital content (the Services and Reports). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
7.7.1. Performance of the contract begins immediately upon Your payment and account activation; and 7.7.2. You thereby expressly waive and forfeit Your right of withdrawal from the moment performance of the Service has commenced. Accordingly, once access to the Services has been granted, You generally may not cancel the purchase to obtain a refund for that specific billing period under the right of withdrawal provisions.
8. Third-Party Websites
8.1. The Services may contain links to third-party websites, services, or content ("Third-Party Websites") that are not owned or controlled by the Company.
8.2. The Company does not control, endorse, or assume responsibility for any Third-Party Websites, including their content, accuracy, availability, privacy practices, or terms of use. Access to Third-Party Websites is entirely at Your own risk.
8.3. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to have been caused by or in connection with Your use of or reliance on any Third-Party Websites.
8.4. Your interactions with Third-Party Websites are governed exclusively by the terms and policies of those third parties, and not by these Terms.
9. Intellectual Property
9.1. All rights, title, and interest in and to the Services, including without limitation the Website, the Application, personality assessments, methodologies, questions, algorithms, scoring logic, reports (including their structure, format, and presentation), software, text, graphics, images, illustrations, icons, logos, trademarks, service names, and all other related materials and content (collectively, the "Intellectual Property"), are owned by or licensed to the Company and are protected by applicable intellectual property, trademark, and copyright laws.
9.2. The name "MyTraitsProfile" and all associated brand elements are the exclusive property of the Company and may not be used, reproduced, or displayed without prior written consent, which may be withheld at the Company's sole discretion. Except for the limited license expressly granted to You under these Terms, nothing herein grants You any right, title, or interest in or to any Intellectual Property.
9.3. Subject to Your ongoing compliance with these Terms, You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and any Reports solely for Your personal, non-commercial use.
9.4. This license does not permit You to copy, reproduce, modify, distribute, publish, sell, sublicense, commercially exploit, or otherwise misuse any part of the Services or Reports, nor to remove, alter, or obscure any proprietary notices or intellectual property markings contained therein, unless expressly authorized in writing by the Company.
9.5. You retain ownership of the information You voluntarily submit when completing personality assessments. However, by submitting such information and using the Services, You grant the Company a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze such information solely for the purposes of providing, operating, maintaining, improving, and securing the Services, generating Reports, complying with legal obligations, and enforcing these Terms.
9.6. Reports generated through the Services are provided exclusively for Your personal use. You may not publish, distribute, resell, license, or otherwise commercially exploit Reports or their content without prior written consent. Unauthorized use of Reports may constitute a violation of intellectual property laws and these Terms.
9.7. If You submit any feedback, suggestions, ideas, or other input regarding the Services ("Feedback"), You grant the Company a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, and incorporate such Feedback into the Services or other products without compensation, attribution, or restriction.
9.8. The Services may display names, trademarks, service marks, or content belonging to third parties. Such third-party intellectual property remains the exclusive property of its respective owners, and no rights are granted to You in relation to such materials.
9.9. For Your convenience, the Website and Application may include links to third-party websites. The Company does not control, endorse, or assume responsibility for the content, availability, or practices of such third-party websites, and access to them is at Your own risk.
9.10. You are solely responsible for any damage, loss, or liability arising from Your infringement or misuse of any intellectual property rights, including unauthorized copying, distribution, modification, or use of trademarks, content, software, or Reports in violation of these Terms or applicable law. The Company reserves the right to take any legal action available to protect its Intellectual Property.
10. Not Professional Advice
10.1. The Services, including all assessments, Reports, and related content, are provided strictly for informational, educational, self-discovery, and entertainment purposes only. While the Company's personality assessments draw upon established psychological frameworks, they are not clinical instruments and should be regarded as tools for personal insight and entertainment. The Website, the Application, and any claims made therein have not been evaluated or approved by any regulatory authority for the diagnosis, treatment, cure, or prevention of any disease or condition. The Services do not constitute, and are not intended to replace, medical, psychological, psychiatric, diagnostic, therapeutic, or other professional advice, diagnosis, or treatment. Assessment results and Reports are not intended to diagnose, treat, cure, or prevent any disease or condition.
10.2. You acknowledge and agree that the Services are not a substitute for professional medical or mental health care, and that You should consult a qualified physician or licensed healthcare professional before making decisions about Your health, diagnosis, treatment options, or the use of the Services. You should not rely on information provided through the Services as a replacement for professional consultation, and You should never disregard, delay, or avoid seeking professional advice based on information obtained through the Website or the Application.
10.3. Before beginning any new dietary, fitness, or health-related program, particularly if You are pregnant, nursing, have a pre-existing medical condition, or are taking medication, You must seek advice from a qualified healthcare professional. Do not use the Services to self-diagnose or self-treat medical conditions, prescribe medication, or commence any treatment program. Reliance on the Services or Reports is solely at Your own risk, and individual results may vary based on personal characteristics, lifestyle, and other factors; outcomes are not guaranteed.
10.4. For the avoidance of doubt, any reviews, comments, or ratings available through the Services reflect only the personal views of the individuals who submitted them and do not represent the views of the Company or constitute professional advice.
11. Disclaimer of Warranties
11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
11.2. The Company expressly disclaims all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, or availability. Without limiting the foregoing, the Company does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from defects, that any defects will be corrected, that the Services will meet Your expectations, or that any results, Reports, or outputs generated through the Services will be accurate, complete, reliable, or fit for Your purposes.
11.3. You acknowledge and agree that the Company makes no representations regarding the suitability, reliability, or accuracy of the Application's content, performance, effectiveness, data accuracy, outcomes, or compliance with applicable laws. All use of the Services is at Your sole risk.
11.4. Certain jurisdictions do not allow the exclusion of particular warranties. To the extent such exclusions are not permitted by applicable law, the above disclaimers shall apply only to the maximum extent permitted.
12. Limitation of Liability
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY CLAIMS RELATED TO HEALTH OR WELLNESS OUTCOMES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Without limiting the foregoing, and to the maximum extent permitted by applicable law, the total aggregate liability of the Company for any claim arising out of or relating to the Services or these Terms, regardless of the form of action, shall not exceed the greater of (a) EUR 100, or (b) the total amount paid by You for the Services during the thirty (30) days immediately preceding the event giving rise to the claim.
12.3. Nothing in these Terms shall exclude or limit liability for gross negligence or willful misconduct, death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. For Users residing in the European Union, the European Economic Area, or the United Kingdom, these limitations apply only to the extent permitted by mandatory consumer protection laws.
12.4. For the avoidance of doubt, the Company is responsible for the provision and operation of the Application and the Services. However, except as expressly required by applicable law, any claims relating to the quality, effectiveness, content, performance, or outcomes of the Application, the Services, or any Reports are expressly disclaimed and are undertaken at the User's own risk.
13. Indemnification
13.1. To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Your access to or use of the Services.
13.2. This indemnification obligation includes, without limitation, claims arising from Your breach of these Terms, misuse of the Services or Reports, reliance on assessment results, violation of any applicable law or regulation, or infringement of any third-party rights. This obligation survives the termination or expiration of these Terms and Your use of the Services.
14. Modifications to the Terms
14.1. The Company reserves the right to modify or update these Terms at any time.
14.2. Any changes will be published on the Website, and the "Last updated" date will be revised accordingly. Changes become effective upon publication unless otherwise stated.
14.3. Your continued use of the Services after the effective date of any updated Terms constitutes Your acceptance of the revised Terms. If You do not agree to the updated Terms, You must discontinue use of the Services and cancel Your Membership.
15. Governing Law & Jurisdiction
15.1. These Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to conflict of law principles. For consumers residing in the European Union, this choice of law does not deprive You of any mandatory protections afforded by the laws of Your country of habitual residence.
16. Miscellaneous
16.1. These Terms, together with any other legal notices or policies referenced herein, constitute the entire agreement between You and the Company regarding Your access to and use of the Services and supersede all prior or contemporaneous agreements, understandings, negotiations, or representations, whether written or oral.
16.2. If any provision of these Terms is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
16.3. Any failure or delay by the Company in exercising any right, power, or remedy under these Terms shall not operate as a waiver of that right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any subsequent occasion.
16.4. The Company shall not be liable for any failure or delay in performance under these Terms resulting from events beyond reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, governmental actions, labor disputes, epidemics, power outages, or failures of telecommunications, internet, or payment infrastructure.
16.5. You may not assign or transfer any of Your rights or obligations under these Terms, whether by operation of law or otherwise, without the Company's prior written consent. The Company may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
16.6. The headings and section titles used in these Terms are for convenience only and shall not affect the interpretation of any provision.
17. Contact Information
For questions regarding the Services, billing, cancellations, refunds, or these Terms, please contact us at:
Support Email: [email protected]
Company: Revuelto Sàrl RCS B303230 10 Rue Mathias Hardt 1717, Luxembourg LUXEMBOURG