TERMS OF SERVICE
These Terms of Service govern your (“you,” “user,” “Client”) use of the website located at https://www.unstruckme.com and any related services provided by Lo (DBA UNSTRUCK ME).
UNSTRUCK ME is registered in the Netherlands as a self-employed business (ZZP) under KVK number 4152680.
By accessing https://www.unstruckme.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by UNSTRUCK ME (“we, “our,” “I,” “its,” “Lo,” “Provider”).
We, UNSTRUCK ME, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 22 December 2022.
Description of Services
UNSTRUCK ME’s services (“potions,” “1:1s with Lo”) are designed to help Gen Z and Millennial women, girls, and femmes of color who exist as creatives, gamers, and moral beauty freaks, self-actualize sooner and embrace their moral beauty. Lo will assess the CLIENT's situation. This is necessary to determine the right guidance needed by the CLIENT. Lo will guide and provide a set of recommendations or advice about CLIENT’s next course of action. Lo is not responsible for the CLIENT partially following the PROVIDER’s advice or recommendations. CLIENT must pay in advance on a per-potion basis.Disclaimer
UNSTRUCK ME cannot be held responsible for internal conflict matters outside the PROVIDER's scope or control. UNSTRUCK ME's content (website, social media, online community, etc.), and online 1:1 sessions (“sesh(es),” “hangout(s),” “appointment(s)”) are not to be identified or received as or depended upon in any way as mental health advice. Lo is not a mental health professional or emergency responder. UNSTRUCK ME does not aim to diagnose, treat, prevent, or cure any mental, emotional, or other issues or conditions, and UNSTRUCK ME's content is not a substitute for help from professionals. Lo is a Moral Beauty Counselor (a counselor who provides guidance, not mental therapy. Professional advice should not be neglected or deferred based on UNSTRUCK ME's content, communications, or the feedback of any other users. If in danger, a mental health professional or emergency responder should be contacted. UNSTRUCK ME may provide contact information for mental health or emergency response services. UNSTRUCK ME is not endorsing any such information or professionals, and is not responsible for their actions or words. UNSTRUCK ME cannot be held liable for any interactions users or clients may have with them. These responses serve to provide possible resources and tools for users, who may then make decisions on their own terms.Age Requirements
The CLIENT must be at least 18 years or older to book potion(s) with Lo and must be must be real, verifiable, and human.Privacy
We take data protection seriously. By booking potions on this website, you consent to the collection, use, and disclosure of your personal information in accordance with our privacy policy, located here and on this website.Language
All sessions are offered in countries Stripe operates in and are held virtually online in English.Internet Accessibility and Location Requirements
For smoother sessions without technical difficulties, access to a strong working internet connection is highly advised. In order to get the best intimate experience, without any external distractions, please make sure you are in a quiet, uninterrupted space, refraining from multitasking, commuting or running errands during the session.Availability and Disruptions
We may update and edit our websites and their content at any time without notice. We do not guarantee the availability of any particular content or third-party service. We may suspend or take down our websites or content for various reasons, like website maintenance.Payment and Payment Methods
The payment for the service offered by the PROVIDER will be determined by the rates agreed upon by the PROVIDER and the CLIENT. Payment is due immediately through Stripe after booking on the PROVIDER’s website, and the PROVIDER will accept payment before beginning work. All payments made and booked are NON-REFUNDABLE. The CLIENT must be, without question, willing and able to commit to the session(s) and have a strong internet connection before purchasing services from the PROVIDER. If the CLIENT is more than 10 minutes late or misses a scheduled session, the PROVIDER has the right to cancel the session without providing a refund. If the session is cancelled and the CLIENT still wishes to book another one, the CLIENT must repurchase and book a new session through the PROVIDER's website. If the CLIENT misses or does not show up for the booked session, the CLIENT is not entitled to reschedule the session.Confidentiality
The PROVIDER will not use any confidential information belonging to the CLIENT for their own benefit or disclose it to anyone else at any time, either directly or indirectly. The PROVIDER will keep this information confidential and protect it at all times. This commitment will continue even after the Client Agreement (“Contract,” “agreement”) ends. The PROVIDER will only use the CLIENT's email address to communicate about the services. Upon termination of the Client Agreement, the PROVIDER will give the CLIENT back all records, notes, documentation, and other items that were created, used, or controlled by the PROVIDER during the agreement period.Communication Processes
The PROVIDER primarily uses Google, Outlook, Zoom, Cosmos.video, and email for project management and communication. The CLIENT agrees to communicate with the PROVIDER in a respectful, professional, informative, and reasonable way. If the CLIENT wishes to communicate via phone, Google, Outlook, Zoom, Cosmos.video, or other digital platforms, they must do so during pre-scheduled, calendared calls. The CLIENT must communicate with the PROVIDER in a timely manner. If the PROVIDER does not hear back from the CLIENT within 3 business days, PROVIDER will make one final attempt to communicate. After this final attempt, the PROVIDER will assume that the CLIENT wishes to terminate the agreement, and termination procedures will follow.Turnaround Time and Content Control
The PROVIDER will use all reasonable efforts to deliver the services to the CLIENT within the agreed-upon time frame and will notify CLIENT of any anticipated delays as soon as possible. The PROVIDER is not liable for delays caused by circumstances outside their control. The turnaround time for all services begins when payment has been made and all relevant information has been provided by the CLIENT. The PROVIDER reserves the right to terminate the agreement if 7 business days have passed since the first email or due to no response from the CLIENT. If the CLIENT schedules a session no later than 24 hours before it starts, they must respond with information no later than 8 hours before the appointment begins. The CLIENT acknowledges that the nature of the service requires certainty on choices, and that the PROVIDER will ask for feedback and approval on private or sensitive information at one or more points during or before the session. If the CLIENT approves this information, they agree that the PROVIDER cannot edit it more than once after the first submission sent in the required Initial Questionnaire (prior to the start of the initial session) or offer a refund if or when CLIENT makes an additional error or changes their mind after the one time edit.Term and Termination
The Client Agreement will end automatically when the PROVIDER and CLIENT complete the purchased session(s). If the CLIENT wants to end the agreement, they must do so in writing, and the agreement will end when the PROVIDER receives the written notice. The PROVIDER can also end the agreement at any time by giving the CLIENT written notice. If the PROVIDER ends the agreement, the CLIENT will receive a refund for any work that was completed up until the time of cancellation. Both parties agree that good communication is important for finishing the work in the Contract. If the CLIENT does not provide necessary information in a reasonable amount of time, and the PROVIDER has made a good faith effort to retrieve the information, PROVIDER is entitled to end the agreement without it being considered a breach of Contract. The PROVIDER may also end the agreement if they believe the CLIENT will not follow or be open to their recommendations.Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service UNSTRUCK ME provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property (ideas, concepts, techniques, inventions, processes, works of authorship, confidential Information or trade secrets, etc.) in the materials contained in this website, developed or created by the PROVIDER, are owned by or licensed to UNSTRUCK ME and are protected by relevant copyright and trademark law.
You will not reproduce or use content created by UNSTRUCK ME. You will not recreate or reconstruct a similar site for your business unless you have acquired written authorization from UNSTRUCK ME. Furthermore, you will not use any confidential or private information either retrieved during the session(s) or discovered in the website content or coding.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by UNSTRUCK ME at any time.
Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, UNSTRUCK ME makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall UNSTRUCK ME or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if UNSTRUCK ME or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, Contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. UNSTRUCK ME does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
UNSTRUCK ME has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by UNSTRUCK ME of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. You irrevocably submit to the exclusive jurisdiction of the courts in that country or location.