Terms & Conditions

General Terms

By using the Visionaria app or website, or by buying Premium, you agree to these Terms & Conditions. They apply to the app, the website visionariaapp.com and any email or other communication between you and Visionaria.

Our liability to you is limited as described in Limitation of Liability. How prices and these Terms can change is described in Subscriptions and payments and Amendments to this Agreement.

License

Visionaria grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and DK PLATINUM INC, a company based in Los Angeles, California, USA, which provides Visionaria (referred to in these Terms & Conditions as "Visionaria", "us", "we" or "our"), the provider of the Visionaria website and the services accessible from the Visionaria website (which are collectively referred to in these Terms & Conditions as the "Visionaria Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Visionaria Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions "Company," "we," "us," or "our," it refers to DK PLATINUM INC, Los Angeles, California, USA, that is responsible for your information under this Terms & Conditions.
• Country: where Visionaria or the owners/founders of Visionaria are based, in this case is the United States (California).
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Visionaria and use the services.
• Service: the Visionaria app, the website visionariaapp.com and the features available through them.
• Third-party service: a service or content provided by another company, such as the App Store, Google Play, the sign-in providers and the service providers listed in our Privacy Policy.
• Website: Visionaria's site, which can be accessed via this URL: https://visionariaapp.com
• You: a person or entity that is registered with Visionaria to use the Services.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Visionaria or its affiliates, partners, suppliers or the licensors of the app.
• Use bots, scripts, scrapers or other automated means to collect, copy or download stories, audio, images or texts from the app or the website, or resell or republish them.
• Get rewards or access you are not entitled to: create several accounts for one person, invite yourself, or misuse promo codes, gifts, invites or free regional access.
• Probe, scan or test the security of the app or its servers, except as described in Reporting a security problem.

Return and Refund Policy

Purchases in the Visionaria app are made through the App Store or Google Play, so returns and refunds follow Apple's or Google's refund policies, as described in Subscriptions and payments above. By making a purchase, you agree to these Terms & Conditions and to Visionaria's Privacy Policy.

If, for any reason, you are not satisfied with Premium or something went wrong with a purchase, write to us at info@visionariaapp.com and we will help you sort it out.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Visionaria with respect to the app shall remain the sole and exclusive property of Visionaria.

Visionaria shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

By using our app or website, registering an account, or making a purchase, you agree to these Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Visionaria. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

Our website uses cookies and similar storage. In the EU, the EEA, the UK, Switzerland and Canada, analytics and advertising cookies are set only if you accept them in the cookie banner; everywhere else they are set when you open the site. Wherever you are, you can turn them off at any time with "Your Privacy Choices" in the site footer. The app does not use browser cookies. Details are in our Cookie Policy and Privacy Policy.

Changes To Our Terms & Conditions

You acknowledge and agree that Visionaria may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Visionaria when you stop using the Service. You acknowledge and agree that if Visionaria disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and update the date at the top of this page.

Modifications to Our app

Visionaria reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.

Updates to Our app

Visionaria may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the app. You agree that Visionaria has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that Visionaria shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Visionaria does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Visionaria.

Visionaria may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Visionaria, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your devices.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your devices.

Termination of this Agreement will not limit any of Visionaria's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Visionaria and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Visionaria, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Visionaria provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Visionaria nor any Visionaria's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Visionaria are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Visionaria on the Services, shall constitute the entire agreement between you and Visionaria concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Visionaria's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Visionaria AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

The Agreement constitutes the entire agreement between you and Visionaria regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Visionaria.

You may be subject to additional terms and conditions that apply when you use or purchase other Visionaria's services, which Visionaria will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Visionaria, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Visionaria, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Notice of Dispute

In the event of a dispute, you or Visionaria must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@visionariaapp.com. Visionaria will send any Notice of Dispute to you by email to the email address of your account. You and Visionaria will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Visionaria may commence arbitration.

Binding Arbitration

If you and Visionaria don't resolve a dispute by informal negotiation, the dispute will be resolved exclusively by binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration starts (available at adr.org). You are giving up the right to have the dispute decided in court by a judge or jury. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim. The hearing may take place by video, by phone, on written submissions, or in person in the county where you live, as the AAA rules provide.

Payment of the AAA's filing, administration and arbitrator fees follows the AAA Consumer Arbitration Rules. Each party pays its own attorneys' fees and costs, unless the arbitrator awards fees and costs to you under applicable law.

Small Claims Court

Instead of arbitration, either you or Visionaria may bring an individual claim in small claims court in the county where you live or in Los Angeles County, California, if the claim qualifies and stays in that court as an individual claim.

Class Action Waiver

YOU AND VISIONARIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.

Consumers in the EU, the EEA and the UK

If you are a consumer living in the European Union, the European Economic Area or the United Kingdom, the agreement to arbitrate and the class action waiver above do not apply to you. You may bring a claim in the courts of the country where you live, and nothing in these Terms & Conditions limits the rights you have as a consumer under the mandatory laws of that country.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Visionaria without any compensation or credit to you whatsoever. Visionaria and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Visionaria may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and paid. If you have already paid for such an order, you can request a refund from Apple or Google as described in Refunds, and we will support your request.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Visionaria. Visionaria will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Visionaria operates and controls the Visionaria Service from Los Angeles, California, USA. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Visionaria Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Visionaria Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Visionaria concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Visionaria does not provide warranties or guarantees.

In no event shall Visionaria be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Visionaria Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Visionaria makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided by third parties through or accessible via the Visionaria Service. Without limiting the foregoing, Visionaria specifically disclaims all warranties and representations in any content transmitted on or in connection with the Visionaria Service or on sites that may appear as links on the Visionaria Service, or in the products provided as a part of, or otherwise in connection with, the Visionaria Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Visionaria or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Visionaria does not warrant that the Visionaria Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions.

• DK PLATINUM INC, Los Angeles, California, USA
• By email: info@visionariaapp.com
• Help and answers to common questions: visionariaapp.com/support