General Terms of Use

PREFACE

YDestiny is a company that aims to facilitate online meetings between individuals for personal, non-commercial purposes. The use of YDestiny’s services for commercial or profit-making purposes is strictly prohibited. The following terms of use have been established between YDestiny (“we”) and you. The “Services” are free and paid products and services available on computers, the mobile web, and applications. All adults over 18 years old may benefit from our Services, provided they meet the eligibility criteria set forth below. If you are under 18, you may not use the Services and must immediately disconnect.

1. TERMS OF USE

By creating an account on the Services, you agree to our (i) Terms of Use, (ii) Safety Guidelines, and (iii) Community Rules, and you acknowledge having read and accepted the (iv) Privacy Policy and (v) Cookie Policy, as well as any additional or special terms that we may add when using or purchasing certain Services. These various documents are incorporated into these current Terms of Use. If you do not agree to be bound by the Terms of Use, you must immediately cease using our Services.

We reserve the right to modify or amend the Terms at any time, unilaterally, in accordance with applicable law. This page will publish notices of significant modifications and update the effective date. It is your responsibility to frequently check this page for any changes. By continuing to use or access our Services, you implicitly agree to the modifications and will, therefore, be legally bound by the new Terms. If you refuse any modification of the Terms, you must immediately stop using or accessing our Services.

The right to modify the availability of features in our subscriptions is reserved. Any new version of the Terms shall immediately apply to you.

Account Acceptability and Your Obligations – Before signing up for YDestiny, please verify that you are authorized to use our Services. In this article, you will also find information on what actions you may or may not take when using the Services and the rights you grant. If all of the following conditions are not met, you may not create an account or use our Services.

By using our Services, you agree to abide by the following points and refrain from violating the following prohibitions:

1. You are an individual (and not a legal entity, partnership, or company) at least 18 years old;
2. You are legally capable of entering into a binding contract with YDestiny;
3. You do not reside in a country subject to an embargo or designated as a “state sponsor of terrorism”;
4. You do not appear on any list of prohibited individuals in the country of registration or any other country worldwide;
5. It is not prohibited by law to use our Services;
6. You have not committed, been convicted of, or pleaded guilty to a serious offense (or a crime of similar gravity), a sexual crime, or a crime involving violence or threat of violence—unless you have been pardoned for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
7. You are not required to register on any federal or local sex offender registry;
8. You do not hold additional accounts on our Services;
9. If we or our affiliates have already excluded you from our Services or offerings, you have not received express written permission from us to create a new account. Any authorization to access our Services or systems will automatically be revoked if you no longer meet these requirements, and you must immediately delete your account. We reserve the right to remove your access to our Services without prior notice;
10. You shall regularly review these Terms and frequently check this page for any modifications;
11. It is essential to comply with all applicable laws, including—but not limited to—privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
12. You will use the latest version of the website and/or application;
13. You will review the safety recommendations;
14. You will observe and comply with the Community Rules, which may be updated regularly;
15. You will take reasonable steps to ensure the security of your login information;
16. You will not falsify your identity, age, or relationships with any person or entity;
17. You will not use the Services in a manner that causes damage or prevents others from using them;
18. When using our Services, you must not disrupt or damage the platform, servers, or networks of our Services;
19. The use of our Services for harmful, illegal, or malicious purposes—including, but not limited to, using virtual items to launder money or commit other financial crimes—is prohibited;
20. Harassing, bullying, stalking, intimidating, assaulting, defaming, harming, or otherwise abusing or causing psychological harm to others is prohibited;
21. It is forbidden to post or share any Content (as defined below);
22. Submitting password requests for commercial or illegal purposes to other users or disclosing another person’s personal information without their consent is prohibited;
23. Soliciting money or other valuable items from another user—whether as a gift, loan, or compensation—is prohibited;
24. Using another account is prohibited;
25. Using our Services to support fraud, pyramid schemes, or similar practices is prohibited;
26. Using our Services to support a political campaign or influence an election, except for sharing your personal political opinions, is prohibited;
27. Violating the license terms granted by YDestiny (see Article 5 below) is prohibited;
28. Sharing confidential or exclusive information that you are not authorized to disclose is prohibited;
29. Copying, modifying, transmitting, distributing, or creating derivative works of member content or our content, or any copyrighted material—including any image, trademark, trade name, service mark, or other intellectual property, content, or proprietary information accessible via our Services—without YDestiny’s prior written consent is prohibited;
30. It may be assumed that one of your statements is validated by YDestiny;
31. Using any robot, scraper, search or extraction tool, proxy, or any other manual or automated device, method, or process to access, extract, index, crawl data, reproduce, or circumvent a navigation structure or layout of our Services or its contents is prohibited;
32. Installing viruses or other malicious code, or introducing any threat to the security of our Services, is prohibited;
33. Falsifying any header or otherwise manipulating identifiers to conceal the origin of any information transmitted to our Services or through them is prohibited;
34. Without YDestiny’s prior written consent, copying or reproducing any part of our Services is prohibited;
35. Using meta tags, code, or other devices that reference YDestiny or the platform (or any trademark, trade name, service mark, logo, or slogan of YDestiny) to direct a person to another website is prohibited;
36. Modifying, adjusting, translating, selling, reverse engineering, decrypting, decompiling, or disassembling any part of our Services—or sublicensing or requesting third parties to do so—is prohibited;
37. Without our written consent, using or developing third-party applications that interact with our Services or with member information or Content, including artificial intelligence or machine learning systems, is prohibited;
38. Without our written consent, using, publishing, or accessing YDestiny’s application programming interface is prohibited;
39. Identifying, studying, or evaluating the weaknesses of our Services or any system or network is prohibited;
40. Promoting, encouraging, or agreeing to participate in any activity that violates these Terms is prohibited;
41. Creating another account after your account has been suspended or terminated, unless expressly authorized by us, is prohibited;
42. Generating multiple accounts is prohibited;
43. Submitting a report regarding a member’s behavior or content that is erroneous, misleading, or clearly inaccurate, or abusing any reporting or dispute mechanism provided by YDestiny, is prohibited.

If you commit any of the aforementioned acts, the license granted to you under these Terms and any authorization to access the Services will be automatically terminated. It is also prohibited to download or share content that is forbidden by YDestiny.

44. Posting content that may be perceived as offensive, persecutory, abusive, or causing psychological distress to another person is prohibited;
45. Posting content that is pornographic, obscene, violent, or contains nudity is prohibited;
46. Posting content that is abusive, threatening, discriminatory, or that promotes racism, sexism, hatred, or intolerance is prohibited;
47. Promoting or facilitating any illegal activity—including, but not limited to, terrorism and inciting racial hatred—or transmitting such content as a criminal offense is prohibited;
48. Promoting or facilitating any activity that might cause harm to the user or another person, including but not limited to promoting prostitution, self-harm, eating disorders, dangerous challenges, or violent extremism, is prohibited;
49. Posting content that is insulting, defamatory, or inaccurate is prohibited;
50. With respect to commercial activities—such as sales, contests, promotions, and advertising; soliciting services, sexual work, or “sugar daddy” or “sugar baby” relationships; and linking to other websites or premium-rate telephone numbers—is prohibited;
51. Including or facilitating the transmission of spam is prohibited;
52. Including spyware, adware, viruses, corrupted files, worms, or other malicious codes designed to disrupt, alter, interfere with, or restrict the operation of software, hardware, telecommunications, networks, servers, or other equipment, as well as Trojan horses or any other material designed to damage, disrupt, intercept, or misappropriate data or personal information from YDestiny or other sources, is prohibited;
53. Violating the rights of a third party (including, but not limited to, intellectual property rights and privacy rights) is prohibited;
54. Posting content that was not authored by you without obtaining the express permission of YDestiny is prohibited;
55. Including the photograph or depiction of another person without their consent (or, in the case of a minor, without the consent of their parents or guardian) is prohibited;
56. It is mandatory that any image or video depicting a minor, regardless of the reason, only features persons who are at least 18 years old with their consent;
57. Including a photograph or depiction of a minor engaging in, or suggesting, a sexual activity is prohibited;
58. Using the Services for an incompatible purpose is prohibited; and
59. Posting content that could compromise the reputation of YDestiny or its affiliates by disseminating defamatory content or by recommending abusive use of the Service is prohibited.

The immediate suspension or termination of your account may result from uploading or sharing content that violates these Terms (the “Prohibited Content”).

2. CONTENT

It is essential that you understand your rights and responsibilities regarding the content on our Services, including any content you provide or publish. You will have access to: (i) the content you upload or provide using our Services (“Your Content”); (ii) the content that other users upload or provide using our Services (“Member Content”); and (iii) the content that YDestiny provides on our Services and through them (“Our Content”). In this agreement, “content” encompasses all textual, visual, video, audio, or other elements present on our Services, including the information contained in user profiles and direct messages between users. For more details on content management, please consult our Safety page.

– YOUR CONTENT

You are responsible for your content. Any element that you do not wish others to see should not be disclosed, as it may breach this Agreement or expose either you or us to legal liability. You are solely responsible for Your Content and agree to indemnify, defend, and hold us harmless in the event of any claim related to Your Content. The information you provide to us—or that you provide to another user—must be accurate, including information transmitted via Facebook or other third-party sources (if necessary), and you agree to update your account information as needed to ensure accuracy. It is essential that the content of your personal profile corresponds with the intended use of our Services. You must not upload Prohibited Content, and your content must comply with the Community Rules. It is not permitted to display personal, banking, or P2P payment information about yourself or others (for example, names, addresses or postal codes, phone numbers, email addresses, URLs, credit card details, P2P payment usernames, or other banking details). If you choose to disclose personal information about yourself to other users, you do so at your own risk. Please exercise caution when sharing personal information online.

Since your personal profile will be accessible to individuals worldwide, it is important to carefully consider before sharing your content. You acknowledge and agree that other users may view Your Content and, despite the current terms, these other users may share Your Content with third parties. By uploading Your Content, you represent and warrant that you have all the necessary rights and licenses to do so and you automatically grant us permission to use Your Content in accordance with Article 6 below.

The tools and features we provide enhance individual expression through Your Content and Member Content (described in paragraph 3b), and we continually evolve to improve our Services. Certain tools or features allow you to create or enhance content based on your input. Such content remains your responsibility; you are responsible for its accuracy, its use on our Services, and for any decision, action, or inaction taken based on it. Please exercise caution when choosing and sharing your content.

You acknowledge and agree that we may monitor or review Your Content and that we reserve the right to remove, delete, modify, restrict, block, or prevent access to Your Content at any time at our discretion. Furthermore, you acknowledge and agree that we are under no obligation to display or analyze Your Content.

– MEMBER CONTENT

Although you have access to Member Content, it does not belong to you and may not be reproduced or used for purposes other than those set forth in these Terms. The content will also be shared by other users on our Services. The user who posts Member Content is responsible for its storage on our servers and its display in accordance with that user’s instructions.

It is essential that you independently verify the accuracy of Member Content. Other users may employ tools to create or enhance content based on the Member Content they provide. The information provided by members may be incomplete, inaccurate, harmful, offensive, or misleading. Responsibility for Member Content lies with the other users, as well as for any decisions, actions, or failures to act that result from the use of Member Content.

You are prohibited from using Member Content, and unless you obtain the express authorization of YDestiny, you may only use it in accordance with the intended purpose of our Services, which is to enable communication and meetings. Member Content may not be copied or used for commercial purposes, spam, harassment, or illegal threats. If you abuse Member Content, we reserve the right to terminate your account.

– OUR CONTENT

YDestiny owns all other content on our Services and operates it under license. We own, control, or license the other texts, content, graphics, user interfaces, trademarks, logos, sounds, drawings, images, and other intellectual property elements on our Services. These elements are protected by copyright, trademark, and other intellectual property rights. At all times, we retain all rights associated with our content.

We grant you a limited license to access and use our content in accordance with Article 5 below, and all other rights remain reserved.

During online registration, you will be invited to an in-person interview. This interview will be charged separately from account creation. It will cover questions that allow YDestiny to assess your personality and determine your profile. A medical questionnaire will also be provided. YDestiny reserves the right to record this in-person interview. The video will be used solely by YDestiny.

If your profile is validated by YDestiny, you will be offered a subscription for 3 months, 6 months, or one year. At your request, a video of your presentation may also be posted online.

– UNACCEPTABLE CONTENT, MISCONDUCT, AND REPORTING

No inappropriate content or behavior is tolerated on our Services. We are committed to maintaining a positive and respectful community and do not tolerate any inappropriate content or behavior on or off the Services (including, but not limited to, services offered by our affiliates). Please report any inappropriate member content or misconduct by other users. A user may be reported directly using the “Report User” link on their profile or in their messaging. Alternatively, you may contact customer support.

We acknowledge that we cannot provide you with information about your account if doing so might compromise the security or privacy of other users.

3. PRIVACY

We prioritize respect for privacy. Our privacy policy is separate and should be reviewed. To better understand how your personal data is collected, used, and shared, please consult our Privacy Policy. By using our Services, you agree that we may use your personal information in accordance with our Privacy Policy.

4. YOUR RIGHTS TOWARD YDESTINY

We authorize you to use and benefit from our Services provided you comply with the following conditions. If you comply with these Terms, we grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable license (not subject to sublicensing) to access and use our Services for the purposes intended by us and permitted by these Terms and applicable law. If you do not adhere to these Terms, this license and any access authorization to the Service will be automatically terminated.

The content you provide to us remains your property, but you also grant us the right to use that content in accordance with this Agreement. By creating an account, you grant us a global, perpetual, transferable, sublicensable, and royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, promote, distribute, and make available to the public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, in any manner and in any format now known or developed in the future. We do not have an exclusive license to your content, except for derivative works created using our Services, for which our license will be exclusive. For example, for screenshots of our Services that contain Your Content, our license will be private.

Furthermore, to prevent unauthorized use of Your Content outside our Services, you authorize us to act on your behalf if any third party or user misuses Your Content from our Services. YDestiny is not obligated to take action if other users or third parties use Your Content. Your rights over YDestiny’s content are governed by applicable laws, such as data protection laws, since the content may include personal information as defined by such laws.

In exchange for your authorization to use our Services, you consent to YDestiny and our third-party partners displaying advertising on our Services. By providing us with suggestions or feedback regarding our Services, you consent to our use and sharing of such information for any purpose without compensation.

You agree that we may access, retain, and disclose your account information, including Your Content, if we are required to do so by law or if we believe in good faith that such access, retention, or disclosure is reasonably necessary to: (i) comply with a judicial process; (ii) enforce these Terms; (iii) respond to claims that any content infringes upon the rights of third parties; (iv) respond to your customer support requests; (v) protect the rights, property, or personal safety of the Company or any other person; or (vi) investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.

5. PURCHASES AND AUTO-RENEWING SUBSCRIPTIONS

You may purchase products and services from YDestiny. If you choose to subscribe, your subscription will be automatically renewed (and charged) until canceled. YDestiny offers the ability to purchase products and services via iTunes, Google Play, or other external services authorized by YDestiny (collectively “External Service”, with any purchase made on them considered an “External Service Purchase”). It is also possible to purchase products and services from YDestiny using a credit card or other payment methods on the Website or in the Application (“In-App Purchases”).

A subscription will automatically renew if you subscribe until you cancel it according to the terms provided at the time of purchase, as detailed below.

If you cancel your subscription, you will continue to receive its benefits until the end of the current subscription period, after which it will be terminated.

Since our Services can be used without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to completely close your account, you must do so in accordance with Article 8.

Our company is international and our pricing varies based on various factors. The promotional rates we offer are often variable depending on factors such as region, subscription duration, package size, previous purchases, or account activity. We also frequently test new features and payment methods. If you do not cancel your subscription within the designated timeframe, it will be renewed at the full rate indicated at the time of purchase without any further action on your part, and you authorize us to charge your payment method for these amounts. We reserve the right, without notice, to limit the available quantity or discontinue a product, feature, service, or other offer; to set conditions for eligibility for a coupon, discount, offer, or other promotion; to prohibit any user from transacting; and to refuse to provide any product, service, or other offer to any user.

6. SUBSCRIPTIONS AND PURCHASES ON AN EXTERNAL SERVICE

Purchases on an external service, such as subscriptions, may be made through the External Service but must be managed via your External Service Account. Subscriptions renew automatically until canceled.

When you make a purchase on the Service, you may be prompted to pay via an External Service (e.g., your Apple ID or Google Play account, your “External Service Account”). In that case, your External Service Account will be charged for the purchase in accordance with the terms provided at the time of purchase and the general terms applicable to your External Service Account. A sales tax may be charged by some external services based on your location, which may vary over time.

If there is an auto-renewing subscription in your External Service Purchase, your External Service Account will be regularly charged for the subscription until you cancel it. Once your initial commitment period ends, and after any subsequent subscription period, your subscription will automatically renew for the agreed duration and price at the time of subscription.

If you were offered a promotional discount, your price may increase in accordance with the terms of that offer after the initial subscription period for any subsequent renewal period.

If you do not want your subscription to automatically renew, or if you wish to modify or cancel it, simply log in to your External Service Account and follow the management or cancellation instructions for your subscription, even if you have deleted your account with us in another manner or removed the Application from your device. For example, if you subscribed using your Apple ID, Apple will be responsible for processing the cancellation, not YDestiny.

To cancel a purchase made with your Apple ID, go to the application settings and follow the cancellation instructions. You may also contact Apple support. Similarly, if you subscribed via Google Play, cancellation will be handled by Google. To cancel a purchase made on Google Play, open the Google Play app on your mobile device and navigate to the relevant options. You may also contact Google Play support. When a subscription is canceled, you may continue to use the canceled service until the end of the current subscription period. The subscription will not renew once the current period expires.

Information regarding your payment method may be modified using the Settings/Preferences tool and by following the link to allow your upgrade to expire. If a payment fails due to an expired payment method, insufficient funds, or other reasons, you are responsible for any amount due, and you authorize us to update your payment method. Billing dates may be affected.

Furthermore, you authorize us to obtain the expiration dates and new card numbers issued by your bank card issuer. Payment terms are determined by agreements between you and your bank, your card issuer, or any other provider of your payment method.

One-time product purchases are non-refundable and subject to specific conditions.

7. IN-APP PURCHASES AND RESERVATIONS

Internal transactions, including subscriptions, are processed using the payment method you select on the website or in the application. Subscriptions renew automatically until canceled.

If you make an in-app purchase, you agree to pay the rates indicated for the selected Services, as well as any applicable sales tax or other taxes (which may fluctuate over time). You also authorize YDestiny to charge the selected payment method (“payment method”). YDestiny reserves the right to correct any billing error made, even if the payment has already been made or received. In the event of a chargeback or cancellation of a payment made using your payment method, YDestiny may immediately close your account at its discretion, depending on your decision not to subscribe to YDestiny. If your chargeback or payment cancellation request is rejected, please contact customer support.

If your in-app purchase includes an auto-renewing subscription, your payment method will be charged periodically until you cancel the subscription. Once your initial commitment period ends, and after any subsequent subscription period, your subscription will automatically renew for the originally agreed duration and price until you cancel it.

To cancel a subscription, go to the Website or Application and navigate to the Account section. Once canceled, you may continue to use the service until the end of the current subscription period. The subscription will not be renewed after that period expires.

8. CHARGEBACKS / REFUNDS

In general, all purchases are non-refundable. All purchases are generally final and non-refundable, and it is not possible to refund or credit partially used periods unless required by the laws of your jurisdiction.

For members in the EU, EEA, United Kingdom, and Switzerland: Under local law, you may be entitled to a full refund within 14 days from the start of your subscription. It is important to note that this 14-day period begins when the subscription starts.

For subscribers residing in Germany: After renewal, you have the option to cancel your subscription with one month’s notice, without affecting your right to cancel for a valid reason.

9. ACCOUNT TERMINATION

If you decide to stop using our Services or if we decide to terminate your account for any reason, please note the following. At any time, you may delete your account by logging into the Website or Application, navigating to the Settings/Preferences section, selecting “Delete my account,” and following the deletion instructions. To avoid any further charges, you must cancel or manage any purchases made through an external service via your External Service Account (e.g., iTunes or Google Play).

If we determine that you have violated these Terms, abused our Services, or engaged in inappropriate or illegal behavior, we reserve the right to investigate and, if necessary, suspend or close your account without refund. To enforce these Terms, we reserve the right to use any available personal, technological, legal, or other means at any time, without liability or notice, including preventing you from accessing the Services.

If your account is closed or terminated by YDestiny for any reason, the current Terms will remain in effect between you and YDestiny, and you will not be entitled to a refund for any purchases made. We will retain and dispose of your data in accordance with our Privacy Policy.

10. PROPER USE OF THE ACCOUNT

No criminal background or identity check has been conducted. YDestiny does not verify the criminal backgrounds or identities of its users. Although we strive to foster a respectful user experience, we are not responsible for how users behave on or off the Service. Please exercise caution in your interactions and refer to our Safety Guidelines.

You acknowledge that YDestiny does not verify dangerous individuals or their identities, nor does it perform additional background checks on its users.

11. DISCLAIMER

YDestiny’s Services are provided “as is” and we make no representations regarding the content, features, or member content. We offer our Services “as is” and “as available” and, to the extent permitted by law, we provide no warranty of any kind—express, implied, statutory, or otherwise—regarding our Services (including their content), including any implied warranty of SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, or NON-INFRINGEMENT. WE do not warrant (A) that our Services will be uninterrupted, secure, or error-free, (B) that any defects or errors in our Services will be corrected, or (C) that any content or information you receive on or through our Services will be accurate, complete, current, or suited to your needs.

Furthermore, we do not guarantee a permanent number of current users, the ability or willingness of users to communicate with or meet you, the eventual comparison with users you might meet through the Services, or their conduct. YDestiny cannot make any commitment regarding meeting someone.

Any liability for any content that you or another user or third party posts, sends, receives, or reacts to through our Services is disclaimed, as is any liability for the identity, intentions, legitimacy, or veracity of the users with whom you may communicate through YDestiny. The risks associated with accessing any content downloaded or obtained through our Services are entirely at your own risk. In short: WE DISCLAIM ANY LIABILITY FOR DAMAGES TO YOUR COMPUTER, SOFTWARE, OR ANY OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING—but not limited to—damages resulting from a security breach, virus, bug, alteration, hack, fraud, error, omission, interruption, defect, delay, network or computer line failure, or any other technical or operational disruption.

12. COPYRIGHT

We attach great importance to respecting copyright and ask for your help in resolving any such issues quickly and effectively. If you believe that any element of Member Content or Our Content infringes upon your intellectual property rights, please notify us with the following information:

1. The physical or electronic signature of an individual authorized to act on behalf of the exclusive rights holder that has allegedly been infringed;
2. If the notification concerns multiple copyrighted works on the same online site, identification of the specific copyrighted work that has been infringed;
3. Identification of the infringing material or subject to infringing activity that should be removed or made inaccessible, along with sufficient information for the service provider to locate it;
4. Sufficient information for the service provider to contact you, such as an address, telephone number, and, if necessary, an email address;
5. A statement made in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A promise that the information provided in the notification is accurate and that you are authorized to act on behalf of the allegedly infringed rights holder.

Please send your notice by email to: contact@ydestiny.com. Accounts of repeat infringers will be terminated by YDestiny.

13. THIRD-PARTY EVENTS AND CONTENT

Advertisements and promotions from third parties are available on our Services. YDestiny is not responsible for your interactions with these products or services and does not endorse them.

Our Services may include advertisements and promotions provided by third parties, as well as links to other websites or online resources. Additionally, our Services may offer you the option to view an advertisement in exchange for virtual items. However, YDestiny does not guarantee that you will always be able to view these advertisements or that all will be available. YDestiny also reserves the right to offer non-commercial links or mention third parties in its content. YDestiny disclaims any responsibility for the availability (or unavailability) of external sites or resources and their content. Furthermore, YDestiny is not liable for the products or services offered by third-party sites or resources and does not endorse them. If you use our Services to interact with third parties, your relationship with them will be governed by their respective terms. YDestiny assumes no responsibility for the terms or actions of such third parties.

14. LIMITATION OF LIABILITY

YDestiny shall only be liable to the maximum extent permitted by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YDESTINY, ITS EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER CAUSED DIRECTLY OR INDIRECTLY), OR ANY LOSS OF DATA, USAGE, CUSTOMERS, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, OR (III) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT, EVEN IF YDESTINY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability provisions in this Article apply even if you do not meet your fundamental obligations under this Agreement. Since certain territories do not allow the limitation of certain rights or liabilities, some or all of the limitations set forth in this Article may not apply to you.

If we become involved in legal proceedings, the parties agree to proceed as follows, unless prohibited by law. Users residing in the relevant territory are not subject to all paragraphs of this Dispute Resolution Article that are prohibited by law—including paragraphs 15b, 15c, 15d, and 15e, which do not apply to users residing in the EU, EEA, United Kingdom, or Switzerland. The European Commission’s Online Dispute Resolution website is available at Online Dispute Resolution | European Commission. YDestiny does not participate in consumer dispute arbitration proceedings for users residing in the EU, EEA, United Kingdom, or Switzerland.

15. ELECTRONIC DISPUTE RESOLUTION METHOD

15a. ORGANIZATION OF THE DISPUTE: If we become involved in a legal dispute, the parties agree to proceed as follows, unless prohibited by law. Users residing in the relevant territory are not subject to all paragraphs of this Dispute Resolution Article that are prohibited by law—including paragraphs 15b, 15c, 15d, and 15e, which do not apply to users residing in the EU, EEA, United Kingdom, or Switzerland. The European Commission’s Online Dispute Resolution website is available at Online Dispute Resolution | European Commission. YDestiny does not participate in consumer dispute arbitration proceedings for users residing in the EU, EEA, United Kingdom, or Switzerland.

If, for any reason, you are not fully satisfied with our Services, please contact YDestiny’s customer support so that we can resolve your issues without external assistance. Should you decide to take legal action or file a claim against YDestiny, the following conditions will apply. In this dispute resolution process and the arbitration procedures mentioned in Article 15, “YDestiny” includes our subsidiaries, employees, licensors, and service providers.

YDestiny values its relationship with you and the mutual benefits of informally resolving disputes. The term “Dispute” refers to any disagreement or claim between you and YDestiny arising from or related in any way to this Agreement (including any alleged breach), the Service, or our relationship with you. “Dispute” is used in its broadest sense and includes claims arising before the existence of this Agreement or any prior agreement, as well as claims arising during or after its termination (unless this Agreement is replaced by a subsequent agreement between you and YDestiny).

Before formally submitting your dispute to arbitration or a small claims court, you agree to send us a detailed Notice (hereinafter “Notice”) XXXXXXXXXXXXXXXXXXXXXX.

However, in cases of individual claims related to sexual assault or sexual harassment occurring during your use of the Services, no Notice is required before pursuing your claims in accordance with Article 17. If a dispute arises between you and YDestiny (hereinafter “YDestiny Dispute”), YDestiny agrees to first send you a Notice to your most recently registered email address in our records or, if no email address is available, to any other contact details linked to your account. Your Notice must include: (1) your full name; (2) information enabling YDestiny to identify your account (such as a photo or screenshot of your profile, your address, mobile phone number, email address, and date of birth used to open your account, if necessary); and (3) a detailed description of your Dispute, including the nature, factual basis, the remedy you are seeking, and the calculation of presumed damages (if necessary). Your Notice must be personally signed to become effective.

Similarly, a YDestiny Dispute Notice must include a detailed description of the YDestiny Dispute, including the nature, factual basis of the claim, the remedy sought, and the calculation of damages (if necessary). You and YDestiny agree to negotiate in good faith to resolve the Dispute. As part of these good faith negotiations, YDestiny may request a conference call to discuss your dispute, and you agree to participate in person, along with your attorney if you are represented. Likewise, you may request a conference call to discuss the YDestiny Dispute with YDestiny, and YDestiny agrees to designate a representative to participate (for clarity, YDestiny’s termination of your account as noted in Article 4 does not constitute a YDestiny Dispute with you). The purpose of this informal process is to resolve the Dispute. However, if the Dispute is not resolved within 60 days following receipt of a duly completed Notice and if the Parties do not agree to extend the informal dispute resolution period, either you or YDestiny may commence arbitration proceedings (subject to either Party’s right to opt for small claims court, as noted below).

It is essential to follow this informal dispute resolution process before submitting an arbitration request or initiating small claims court action (except for individual claims regarding sexual assault or sexual harassment occurring during your use of the Services). Failure to comply with this requirement constitutes a breach of this Agreement. During the informal dispute resolution process between YDestiny and you, the statute of limitations and filing fee deadlines will be suspended. The arbitration provider, National Arbitration and Mediation (“NAM”), will not accept or process any arbitration request and will administratively close any arbitration case if the submitting party cannot provide written confirmation that the conditions of this informal dispute resolution process have been fully met. This clause may be enforced by a competent court and may bar any arbitration proceedings or small claims court actions as a result.

15b. WAIVER OF ANY CLASS ACTION AND JURY TRIAL: INDIVIDUAL REMEDY

To the fullest extent permitted by law, you and YDestiny mutually waive the right to a jury trial and the right to bring claims before the courts and opt for individual arbitration (except in small claims court or in individual claims regarding sexual assault or sexual harassment occurring during your use of the Services). Each member of your group and YDestiny agree that no right or power exists to compel collective, representative, consolidated, or private attorney general arbitration or settlement review. The ARBITER may grant the same relief as a court, provided that they cannot award definitive relief (including injunctive or declaratory relief) on behalf of any party other than the party seeking relief, and only to the extent necessary to provide final relief justified by that party’s claim. The arbiter is not permitted to award definitive relief in favor of, on behalf of, or for any person not involved in the arbitration on a collective, repetitive, or private attorney general basis.

IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS SET FORTH IN THIS PARAGRAPH IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR A PUBLIC INJUNCTION), AND IF ALL APPEALS OF THAT DECISION ARE CONFIRMED AND THE DECISION BECOMES FINAL, YOU AND YDESTINY AGREE THAT THIS PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL BE HEARD BY THE COURT, BUT IT SHALL BE SUSPENDED PENDING INDIVIDUAL ARBITRATION OF THE OTHER CLAIMS YOU HAVE BROUGHT.

THE ENTIRE ARBITRATION CLAUSE (EXCEPT THE WAIVER OF A JURY TRIAL AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE ECONOMICALLY VOID. This document is an essential component of this purchase agreement.

15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

YDestiny’s customer support will not resolve any dispute (that is not resolved informally or in accordance with paragraph 15a above), unless specifically stated otherwise in this Dispute Resolution Article. Notwithstanding the above, either you or YDestiny may file an individual claim in a small claims court. According to Article 17, individual claims concerning sexual assault or sexual harassment during your use of the Services may be submitted. After arbitration is initiated—but before an arbitrator is appointed—a request for small claims court proceedings will be administratively closed by the arbitration provider (e.g., NAM). The jurisdiction of the small claims court shall solely determine any controversy regarding its jurisdiction. There shall be no exclusive effect of the small claims court’s decision regarding YDestiny and any other person. If the small claims court clearly determines that it lacks jurisdiction over the Dispute, you and YDestiny shall resolve the Dispute through arbitration in accordance with this Agreement. All other matters (except as otherwise stated herein) are exclusively under the jurisdiction of the arbitrator, including—without limitation—the scope and enforceability of this Dispute Resolution Article (including arbitrability issues), any request for small claims court proceedings submitted after an arbitrator is appointed, and any dispute regarding whether either Party has breached the Dispute Resolution Article or waived the right to arbitration explicitly or implicitly. If you or YDestiny challenge the decision of a small claims court in your Dispute and a competent court finds such decision unenforceable, that decision shall be separate from this Agreement regarding your case. However, such judicial decision shall not be binding and shall not have preclusive effect in any subsequent proceedings involving YDestiny and any other person. It is essential to adhere to the provisions of Article 17 for any legal action intended to enforce this Article 15 (Dispute Resolution), including any proceeding to confirm, modify, or vacate an arbitration award. In the event that Article 15 (Dispute Resolution) is held unenforceable, any action against YDestiny (except actions in a small claims court) may only be brought before the courts of Belgium. You agree that the courts of Belgium shall have personal jurisdiction over you for this purpose, and you waive any claim that these courts are an improper forum.

15d. PROTOCOLS FOR INDIVIDUAL AND MASS ARBITRATION PROCEEDINGS

Paragraph 15d applies to disputes submitted to NAM once the informal dispute resolution process described in paragraph 15a above has been fully completed, and when neither you nor YDestiny have opted for small claims court. The NAM dispute resolution rules and procedures (the “NAM Rules”) in effect at the time an arbitration request is filed with NAM shall apply to any arbitration between you and YDestiny, subject to the amendments provided by this Article 15 (Dispute Resolution). If NAM is unable or unwilling to fulfill its obligations under this Agreement, the Parties shall agree on another administrator to replace NAM and assume its role under this Agreement. The terms herein shall prevail over any conflicting arbitration provider rules. In the event of a disagreement between the Parties, they shall request that a competent court designate an arbitration provider to assume NAM’s responsibilities under this Agreement, and the arbitration provider’s rules shall prevail to the extent of any conflict.

The Parties agree to apply the following procedures to all arbitrations initiated under the Dispute Resolution Article (provided that either Party decides to approach a small claims court, as mentioned above):

1. You or YDestiny must send NAM an arbitration request (the “Arbitration Request”) describing in detail your claims and the remedy sought, in accordance with this Agreement and the NAM Rules. You must also send an Arbitration Request to YDestiny at the email address contact@ydestiny.com within 7 days following receipt of the Arbitration Request from NAM. Within the same 7-day period, we will also send you an Arbitration Request to your postal address as recorded in our files. If your postal address is unavailable, we will send it to your registered email or other contact details linked to your account.
2. Fees – Payment of NAM’s fees is governed by the NAM Rules, except where the case is part of a Mass Arbitration Procedure (as defined below) or if the fees and costs (including arbitrator fees) paid by either Party are reallocated by the Arbiter following a decision that (a) either Party breached Article 15 of this Agreement, (b) such reallocation is required by this Agreement, or (c) such reallocation is otherwise permitted by applicable law. If you demonstrate financial hardship, we will consider your request in good faith to reduce the applicable consumer filing fees. YDestiny ensures that arbitration fees paid by consumers do not become a barrier to resolving disputes. If arbitration is initiated against you, we will refund all NAM fees.
3. The arbitration shall be conducted by a single, independent arbitrator (the “Claim Arbitrator”), assisted by any procedural arbitrator designated under the NAM Rules (the term “Arbitrator” applies to both the Claim Arbitrator and the Procedural Arbitrator). If either Party decides to hold a hearing, the Arbitrator will be located at or near your residence. This Agreement binds the Arbitrator, who is required to comply with it. If the NAM Rules conflict with this Agreement, the terms of this Agreement shall prevail. If the Arbitrator determines that the strict application of any clause in Article 15 (except for the choice of small claims court, which will be determined by the small claims court) would result in an essentially unfair arbitration (the “Unconscionable Clause”), the Arbitrator may modify that clause as necessary to ensure an essentially fair arbitration in accordance with the Terms of Use (the “Modified Clause”). In assessing a modified clause, the Arbitrator will select a clause that best reflects the original intent.
4. The Parties agree that the Claim Arbitrator may decide dispositive motions without an oral evidentiary hearing. Dispositive motions may be submitted: (a) within 30 days after the appointment of the Claim Arbitrator, a Party may submit a dispositive motion based on the pleadings; and (b) no later than 30 days before the evidentiary hearing, a Party may submit a summary motion based on the Parties’ pleadings and the evidence presented.
5. Each party may (a) send the other up to five requests for relevant, non-confidential documents, and (b) request verified answers to a maximum of five relevant questions (including subparts). If the Parties do not agree otherwise, no other form of preliminary communication (including depositions) shall be allowed. Such preliminary communication requests must be submitted to the other Party within 21 days after the appointment of the Claim Arbitrator. Compliant, non-confidential documents and requested clarifications signed by the responding Party, as well as any objections, must be provided to the requesting Party within 30 days of receiving the requests or, in the event of an objection, within 30 days after resolution of the dispute by the Claim Arbitrator. The response deadlines for preliminary communication requests are extended until 30 days after the final decision of the Claim Arbitrator on any dispositive motion. If, after consultation, the Parties cannot agree on a dispute regarding preliminary communication or an extension request, the issue will be immediately brought to the Claim Arbitrator for resolution.
6. The Claim Arbitrator shall issue an order stating that any confidential information disclosed during arbitration (written or oral) shall not be used or disclosed outside of the arbitration or enforcement proceedings of the arbitration award, and that any submission of confidential information to the court must be sealed.
7. Before the Claim Arbitrator, both you and YDestiny have the right to attend an evidentiary hearing (i.e., a trial) that is fair. Generally, arbitration is simpler and less costly than trials or other judicial proceedings. The Parties agree to avoid any oral hearings and submit all disputes to the Claim Arbitrator for decision based on written documents and mutually agreed evidence, unless a Party requests an oral hearing at least 10 days after receiving a response from the other Party. In the event of an oral evidentiary hearing request, both Parties must attend in person, even if one is represented by counsel. The personal presence of both Parties is required. If one Party fails to attend in person, without the Claim Arbitrator ordering a postponement for a valid reason, a default judgment will be rendered against that Party.
8. The arbitration decision must be provided in writing within 30 days following the hearing, or if no hearing is held, within 30 days after the deadline for submitting any rebuttal evidence or additional information. The decision must explicitly state the remedy awarded (if necessary) and briefly outline the reasons for the decision. The arbitration decision applies only between you and YDestiny and shall not be applicable in any other arbitration or proceeding involving another party. However, the Claim Arbitrator may consider decisions rendered in other arbitrations involving different parties. Fees may be awarded by the Arbitrator in accordance with the NAM Rules or to the extent that such fees could be awarded by a court. This includes, without limitation, the ability of the Arbitrator to award costs if it is deemed that a claim or defense is frivolous or has been presented in bad faith.
9. Prior to the evidentiary hearing—or, if a dispositive motion is granted, before that motion is granted—the responding Party may submit a written settlement offer to the opposing Party without being obligated to do so. It is prohibited to inform the Claim Arbitrator of the amount or terms of any settlement offer before a decision is rendered on the claim. In the event of an award favorable to the opposing Party and lower than the settlement offer of the responding Party, or vice versa, the opposing Party shall bear the costs incurred by the responding Party after the settlement offer, including attorney fees. If any law or case law prohibits transferring fees incurred during arbitration, the offer in this clause shall serve to halt the accumulation of fees that the claimant may seek under the cause of action initiating the proceeding.
10. Mass Arbitration Procedure – If at any time at least 25 similar arbitration requests are filed against YDestiny or its affiliates by the same lawyer or entity or by coordinated lawyers or entities (the “Mass Arbitration Procedure”), in accordance with the definition and criteria set forth in the additional NAM rules and procedures for Mass Arbitration (the “NAM Mass Arbitration Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the following additional protocols shall apply:
    1. If you or your lawyer submits an Arbitration Request that qualifies as part of a Mass Arbitration Procedure as defined above, you agree that this Arbitration Request will be subject to the additional protocols stated in this Mass Arbitration Procedure paragraph. Please note that the resolution of your Dispute may be delayed and that any applicable limitation period is suspended once the first cases are selected for processing until your case is chosen for a “benchmark” procedure.
    2. If NAM, at its sole discretion and in accordance with its own Rules and this Article 15, determines that your Dispute is part of a Mass Arbitration Procedure, the NAM Mass Arbitration Rules shall apply. It is necessary to decide in writing to apply the NAM Mass Arbitration Rules and the corresponding fee schedule, and such decision must be submitted to NAM and all Parties.

You and YDestiny acknowledge the importance and efficiency of arbitration and small claims court, and we intend to use this process to fairly resolve genuine and sincere disputes between us. You and YDestiny agree to act in good faith to ensure a fair resolution of authentic disputes. Furthermore, the Parties agree that the implementation of these Mass Arbitration Procedures has been reasonably designed to ensure an efficient and equitable resolution of such matters.

15e. ULTIMATE MODIFICATIONS AND REVERSIBLE USE

This provision of Article 15 (Dispute Resolution) applies to all disputes between the Parties, including all claims accrued against you or YDestiny prior to the date of your agreement, as well as all claims accrued against you or YDestiny after your agreement. Notwithstanding any contrary provision in this Agreement, you have the option to refuse the retroactive application of Article 15 (Dispute Resolution) with respect to claims accrued against you or YDestiny before the date of your agreement. To do so, send us written notice within 30 days from the time you consented to this Agreement, at the following email address: contact@ydestiny.com.

You must provide sufficient information to identify your account(s), such as the email address or phone number associated with your account(s), along with a statement affirming that you refuse the retroactive application of Article 15 (Dispute Resolution). Please note that if you choose not to apply this retroactively, you will remain subject and bound to any dispute resolution and arbitration provisions you previously accepted, including the clauses on arbitration, waiver of class actions, and retroactive application. Moreover, regardless of your refusal of the retroactive application of these modifications, the Parties will resolve all claims accrued against you or YDestiny once you have accepted this Agreement in accordance with the Dispute Resolution Article.

16. GOVERNING LAW

The laws of the Kingdom of Belgium shall apply to any dispute.

17. SELECTION OF VENUE AND FORUM

Any claim that is not subject to arbitration for any reason must be adjudicated in the Kingdom of Belgium to the extent permitted by law. Unless prohibited by law—including for users residing in the EU, EEA, United Kingdom, or Switzerland, who may file a claim in their country of residence in accordance with applicable law—and except for claims brought before a small claims court under Article 15, any claim arising from this Agreement (including any challenge to the class action waiver under paragraph 15b), our Services, or your relationship with YDestiny (or any claim related thereto) that is not required to be arbitrated or filed in a small claims court shall be brought exclusively before the courts of Belgium. You and YDestiny agree that the courts of Belgium shall have personal jurisdiction over you for this purpose, and you waive any claim that these courts are an improper forum.

18. YOUR INDEMNIFICATION

If a claim is brought against YDestiny as a result of your actions, you agree to indemnify YDestiny. To the extent permitted by applicable law, you agree to indemnify, defend, and hold YDestiny, its affiliates, and its respective officers, directors, agents, and employees harmless from any complaints, demands, claims, damages, losses, costs, liabilities, and expenses—including attorney fees—arising from your access to or use of the Services, your content, your interactions with other users, or your breach of this Agreement. (Note: Some jurisdictions do not allow indemnification, so all or part of this article may not apply.)

19. COMPLIANCE WITH THE TERMS

By opting for our Services, you agree to the terms of this Agreement. By using our Services, whether on a mobile device, via a mobile application, or on a computer, you agree to be bound by (i) the current Terms (which may be amended at any time), (ii) our Privacy Policy, Cookie Policy, Community Rules, and Safety Guidelines, and (iii) all additional purchase terms. If you do not agree with all terms of this Agreement and refuse to be bound by them, you may not use our Services.

Pronouns and their variants are considered masculine, feminine, singular, or plural depending on the identity of the persons or entities concerned.

20. ENTIRE AGREEMENT

This Agreement supersedes all previous agreements or representations. The current Terms, together with the Privacy Policy, Cookie Policy, Community Rules, Safety Guidelines, and all additional purchase terms, constitute the entire agreement between you and YDestiny regarding your experience with our Services. These Terms replace all prior covenants, representations, and agreements between us, whether written or oral. In the event any clause of these Terms is found to be invalid, illegal, or unenforceable, the remaining clauses shall remain in full force and effect. The failure to enforce or apply any right or clause in these Terms does not constitute a waiver of that right or clause. You agree that your YDestiny account is inviolable and that all your rights to your account and its content terminate upon your death, unless otherwise provided by law. The rights and licenses granted herein may not be transferred or sold; however, we may assign them without limitation. Nothing in these Terms creates an agency, joint venture, partnership, fiduciary relationship, or any other special relationship, and you may not make any representation on behalf of YDestiny or bind YDestiny in any way.