Terms of Use-Legal Mentions

Effective Date: February 16, 2024

1. These Terms and Conditions of Use (“Agreement”) apply to all users of our services (“Service”). This is a legal agreement between Istmotel (“Istmotel”) and you, and govern the conditions and use of our services. The services provided are FOR ENTERTAINMENT ONLY. The services may not be used by users located in, or residing in, any location where use of the service if prohibited by either that jurisdiction or by the United States for residents of that jurisdiction.
    
2. NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE ISTMOTEL WEBSITE (“Website”), CHAT FUNCTION, TELE-COMMUNICATION SYSTEM AND SERVICE IS GOVERNED BY THESE TERMS AND CONDITIONS. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE REACHED THE AGE OF LEGAL MAJORITY IN YOUR COUNTRY AND ANY OTHER APPLICABLE JURISDICTION AND WILL COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE “Agreement”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THE Istmotel SERVICES.

1. NOTICE OF CLASS ACTION WAIVER AND ARBITRATION PROVISION: PLEASE NOTE THAT THIS USER AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A MANDATORY ARBITRATION PROVISION. OTHER THAN CERTAIN EXCEPTIONS, ANY DISPUTE, ACTION, CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION.
    
2. Acceptance of Agreement. This Agreement constitutes the entire agreement between Istmotel and users of Istmotel Services (including any affiliates of Istmotel), and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, whether written or oral. We may amend this Agreement from time to time, in our sole discretion, without specific notice to you. The most recent version of the Agreement will be posted on the Website. Your continued use of the Istmotel Service constitutes your acceptance of all of the terms and conditions contained within the Agreement effective at that time, as well as your acknowledgment of the reasonableness of these standards for notice of changes. We encourage you to visit the Website from time to time to review this Agreement for any updates or changes.
    
3. Description of Services. Istmotel connects its registered users with Consultants who are psychic advisors (hereinafter “Consultant(s)” or “Psychic advisor’s or “Psychic readers”) specializing in areas such as tarot, love and romance, crystal ball, pendulum, palmistry, oracles, career and goals, and numerology. Users can speak with psychic advisors by telephone, online or mobile chat. In addition to the aforementioned Service, Istmotel also provides horoscopes, promotions and other services for registered users and non-registered users. Istmotel reserves the right to withdraw, alter or assess fees for such additional services.
   
   The opinions expressed by Consultants are not those of Istmotel. Psychic advisors providing services via chat, the Website and/or telephone are employees or independent contractors of third parties, and are neither employees of, nor supervised by, Istmotel. As the Consultants provide entertainment services, the advice should not be relied upon for medical, financial, legal, or psychological matters and psychic advisors are not a substitute for such professionals.
    
4. Disclaimer: All phone consultations and information provided through the Website/Application as well as all horoscopes, emails, newsletters, is for entertainment purposes only. Readings and other information obtained through phone consultations and theWebsite/App are not intended to be a substitute for professional advice of any kind or nature, whether medical, investment, legal or other advice. Further, no information obtained through use of the services of Istmotel creates any warranty, express or implied, Any action taken by you are your own and rest solely upon your own choices and action and Istmotel shall have no liability whatsoever for your use of theWebsite/App and services.
    
5. Conditions of Use to Access Services and Customer Advice. The right to use the Service is personal to each Customer. The Customer undertakes to make normal use of the services and to show courtesy in oral and written exchanges (for example, but not limited to: telephone, chat, email, mail, notices, blogs, etc.). The Customer undertakes to maintain discretion and confidentiality with regard to the information provided to him/her and not to spread false news, unnecessarily alarmist information or rumors, whatever their degree of truth, which could cause harm to others. Customer agrees not to record, video or otherwise share reading with Consultant or interactions with the Website.
   
   The Customer is prohibited from posting messages, comments or any other content on the Website which could be:
    
   • likely to offend the dignity of the human person;
   • offensive or defamatory;
   • of a pornographic or pedophile nature;
   • « apologizing » for crimes against humanity;
   • inciting or using the service in the commission of crimes and misdemeanors;
   • inciting racial hatred or discrimination (for example, and without limitation, based on sex, religion, real or supposed membership of a race, age, sexual identity, physical appearance);
   • inciting sexism;
   • inciting disrespect of women’s rights and promoting discrimination against women;
   • inciting non-respect of children’s rights;
   • promoting witchcraft, exorcism, bewitchment and bewitchment;
   • infringe the privacy and/or image rights of any person;
   • infringing the intellectual property rights or related rights of a third party;
   • infringing the rights of database producers;
   • of a commercial, promotional or advertising nature;
   • misleading or unlawful comparative advertising;
   • advertising tobacco, alcohol or medicines;
   • containing a virus or any other program likely to damage, destroy or alter the systems, programs, computer files or data, etc. of Istmotel;
   • of an illicit nature.

1. Istmotel reserves the right to prohibit access to the Service to a Customer who does not agree to comply with this Agreement, who does not provide all the information requested in full or in good faith or for any other reason in its sole discretion.
    
2. Any user-generated content generated while using the Service is the sole property of Istmotel.
    
3. Description of Services. The Service offers entertainment content.
   
   Consequently, the Customer is aware that all written or oral content disseminated as part of the services is of a strictly informative and entertaining nature, which it is up to the Customer to appreciate without any commitment on the part of Istmotel.
   
   Istmotel is not responsible for commercial practices implemented on other Websites/Apps, to which Customers may have access, notably from its Website via hypertext links, logos, buttons, etc., located on the Website or by any other means. It is the Customer's responsibility to refer, for each service concerned, to the terms of said service or companies, before subscribing to the services.
    
4. Telephone Consultations. The customer must have a mobile or landline telephone with a valid number, which is personal to him/her and for which he/she assumes full responsibility. You agree to be bound by the pricing and billing practices of Istmotel. All charges are payable in your local currency unless otherwise stated. The rates will be announced by phone and are subject to change. You are responsible for all charges incurred per call or chat session. Prices and offerings are subject to change at any time. The cost of telephone calls will be borne exclusively by the customer, unless special conditions apply (e.g. without limitation, callback at the customer's request, etc.). When consultations are charged per minute, minutes of use are rounded up at the end of calls.
   
    
5. Information on the Security of Payment Card Transactions. All payment card information is collected, processed and stored exclusively by Istmotel’s or its third service providers, who are subject to the PCI-DSS (Payment Card Industry Data Security Standard). Istmotel entrusts the security of banking transactions to trusted third parties, who manage the entire payment card information processing and assume full responsibility for it. For billing questions or disputes, you may be routed to the service center that handled the payment process. You acknowledge and agree that Istmotel is not responsible or liable for the actions of third party providers.
    
6. Information on Payment Disputes. The Customer acknowledges that by using the paid services of Istmotel, they are obliged to pay for the service provided.
   
   Where applicable, it is the Customer's responsibility to update his/her bank details in good time and to inform Istmotel of any payment incident. In the event of payment by credit card, the Customer guarantees that he/she has the necessary authorizations to use this method of payment. Contesting, in bad faith, a valid payment order initiated by the Customer constitutes fraud. In the event of refusal to authorize payment by credit card by accredited organizations or in the event of non-payment, Istmotel reserves the right to suspend or cancel access to the Service, including any subscription or previously purchased services.
    
7. Satisfaction Guarantee. We make every effort to provide quality Consultations. We offer the following customer satisfaction guarantee.
   
   The Customer may declare dissatisfaction with a consultation, within twenty-four (24) hours of the Consultation, by contacting Customer Service, indicating: first name, surname, date and time of Consultation, number of Minutes or Credits used, name of Consultant and reason(s) for dissatisfaction. Complaints are limited to one unsatisfactory Consultation per month and per Customer account.
   
   Customer Service registers the customer's dissatisfaction and launches an investigation.
   
   If the claim is found to be justified, in Istmotel’s sole discretion, the Customer's account will be credited in the form of a one-time credit in an amount determined by Istmotel.
   
   For all intents and purposes: no reimbursement in cash or by any other means will be granted for any reason whatsoever under this satisfaction guarantee; reimbursements are made in "Credits" or “Minutes” credited back for future use of the Service.
    
8. Termination & Cancellation. You agree that Istmotel, in its sole discretion, may terminate this Agreement and/or suspend your account (or any part thereof) at any time, without notice to you, in the event that Istmotel: 1) reasonably believes that you are in breach of the Agreement; 2) reasonably believes that you have provided incomplete, inaccurate or untrue Registration Data; 3) decides to discontinue offering the service; or (4) any conduct Istmotel in its sole discretion to be improper; or (5) without reason. . You may cancel your account at any time. Upon cancellation, your membership to use Istmotel services, as set forth herein shall immediately terminate. If Istmotel terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, Istmotel shall have no liability or responsibility to you, and Istmotel will not refund any amounts previously paid and you forfeit all unused pre-paid minutes that may remain in your account. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute with Istmotel.
    
9. License Grant. As a user of the service, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Service in accordance with this Agreement. Istmotel may terminate this license at any time for any or no reason whatsoever. You may use the Services for your own personal, noncommercial use. No part of the Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services, content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. Istmotel reserves any rights not explicitly granted in this Agreement.
    
10. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution or publication by you of any part of theWebsite, App of service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the service. The posting of information or material on the Website by Istmotel does not constitute a waiver of any right in such information and/or materials. If you misrepresent that material on the Website is infringing copyright, you may be held liable for damages, including attorneys fees, under Section 512(f) of the DMCA. All intellectual property rights to content of any kind or nature posted by you through the App/Site (other than registration details), including but not limited to through the psychic exchange, is the property of Istmotel.
     
11. Third Party Websites. The Service, Website, advertisements and/or third parties may provide links to other Internet website’s content, and/or resources. Istmotel is not responsible for the content, terms and conditions and/or privacy policies on such third party Apps, services, or content. If you choose to link to content not controlled by Istmotel, Istmotel makes no warranties, either express or implied, concerning the content of such service, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Istmotel warrant that such service or content is free from any claims of copyright, trademark or other infringement or the rights of third parties or that such website of content is free from viruses or other contamination.
     
12. Privacy and Use of information. You acknowledge that (a) we cannot ensure the security or privacy of information or documents you provide through the Website or your mobile carrier, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by third parties of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; (c) we cannot assume any responsibility for the content of messages sent by other users of the Service and (d) we have the right to record all calls and save all chats for quality, training, billing dispute and legal purposes. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by others.
     
13. Notices and Announcements. By registering for our Service, which includes agreeing to receipt of email, push notifications, text messages, phone calls, free trials, promotions and/or special offers, you authorize us to notify you of information that Istmotel deems is of potential interest to you. Notices and announcements may include commercial text messages, emails, push notifications and other notices describing changes, upgrades, new products and services. You may unsubscribe or change your communication preference by accessing your account through the website, visiting the settings screen within the App, following the unsubscribe link or instructions within the communication, or calling customer service.
     
14. Communication. We reserve the right to send you messages through email, text messages, push notifications, telephone or otherwise concerning the Service for the purpose of informing you of issues, changes or additions to the Service, or of any Istmotel related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By your use of the Service, you consent to such disclosures and communications.
     
15. Indemnification. You agree to indemnify, defend and hold harmless, Istmotel and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to your use of Services, and any material that you submit to or transmit through the Service, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Services.
     
16. Disclaimer of Warranties. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Istmotel MAKES NO WARRANTY THAT: 1) THE SERVICES WILL MEET YOUR REQUIREMENTS; 2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING PSYCHIC ADVISORS OR HOROSCOPES, WILL BE ACCURATE OR RELIABLE. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Istmotel WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES. Istmotel ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED FROM Istmotel OR THROUGH USE OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
     
17. Limitation of Liability. YOU AGREE THAT ISTMOTEL AND ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF, THE SERVICE, EVEN IF Istmotel AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
     
18. Arbitration Choice of Law & Venue. This Agreement shall be construed in accordance with and governed by the laws of the Republic of Panama. For users located in the United States, the arbitration is governed by the Federal Arbitration Act, 9 USC section 1 et seq. Any and all disputes arising out of this Agreement or use of the Services referenced herein shall be resolved by binding arbitration under the auspices of, and pursuant to the Consumer Arbitration Rules of the American Arbitration Association before a single arbitrator to be held in such location is set by the Arbitrator. The Arbitrator shall not have any authority to arbitrate claims on a class or representation basis or to award punitive damages. We each expressly agree that the arbitration shall be only for your personal claims and that we each waive any right to file or participate in a class action or other representation basis. The arbitration will allow the exchange of non-privileged information relevant to the dispute. You are waiving any right to proceed in court before a judge or jury. The arbitrator’s decision is final and binding. Users located in California are releasing all rights under section 1542 of the California Civil Code as to general releases.
     
19. Legal Warning. Any attempt by any individual, whether or not a Istmotel user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Service, is a violation of criminal and civil law and Istmotel may elect to pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity. By using theWebsite/App and the services, you agree not to use the Website for any illegal purposes. You agree to comply with all laws and regulations in connection with use of the Website and services.
     
20. Customer Service. You may contact Istmotel customer service via e-mail at:  customercareismotel@gmail.com