Terms of Use

These Terms of Use (“Terms”) form a binding contract between you (“you”, “your”, or “User”) and Artur Nikolaienko, an Empresário em Nome Individual (Portuguese sole proprietor) based in Portugal (“Divinica”, “we”, “us”, or “our”). They govern your access to and use of the Divinica iOS mobile application (bundle identifier app.divinica.mobile), our website, and any related services we provide (together, the “Service”).

By creating an account, signing in, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. About Divinica

1.1 Divinica is a self-reflection and wellness tool that uses tarot card imagery together with a large language model to generate written reflections in response to a question you submit. We frame tarot as a mirror, not a crystal ball — readings are designed to prompt introspection, not to predict the future.

1.2 The Service is currently distributed exclusively through the Apple App Store for iOS devices. Availability of specific features may vary by region, device, or App Store policy.

1.3 The Service is offered in English, Spanish, European Portuguese, Brazilian Portuguese, French, Italian, German, and Ukrainian. Where translations differ from the English version, the English version governs except where local law requires otherwise.

2. Eligibility

2.1 You must be at least 16 years old to use the Service. If you are between 16 and the age of majority in your jurisdiction, you confirm that you have your parent or guardian's permission to enter into these Terms. The Service is not directed to children under 16, and we do not knowingly permit anyone under 16 to create an account or use the Service. See the Privacy Policy for what we do if we learn that a User is under 16.

2.2 You represent and warrant that the information you provide when registering is true, accurate, current, and complete, and that you will keep it updated.

2.3 You may hold only one account per person. You may not share, transfer, sell, or assign your account or your login credentials. You are responsible for any activity that occurs under your account.

3. Account, Authentication, and Security

3.1 You can register using an email address and password, Sign in with Apple, or Sign in with Google. Where you use a third-party provider, that provider’s terms also apply to your authentication.

3.2 You are responsible for safeguarding your credentials and for any activity on your account. Notify us at support@divinica.app immediately if you suspect unauthorized use.

3.3 We may suspend, limit, or terminate your access if we reasonably believe your account has been compromised, used in violation of these Terms, or used to harm the Service or other Users (see Section 13).

4. License to Use the Service

4.1 Subject to your compliance with these Terms, Divinica grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one copy of the Divinica app on an Apple-branded device you own or control, solely for your personal, non-commercial use.

4.2 The license is for use of the Service as we provide it. It does not grant you any rights in our underlying software, models, prompts, brand assets, or content except as expressly set out here.

4.3 Apple-specific terms: your license is also subject to the Apple Media Services Terms and Conditions and the Licensed Application End User License Agreement (Apple “LAEULA”). Where Apple’s terms apply, they apply in addition to these Terms, and as between you and Apple, Apple’s terms govern that relationship.

5. Acceptable Use

You agree that you will not:

• (a) use the Service for any unlawful, fraudulent, deceptive, harassing, defamatory, or infringing purpose;
• (b) submit questions or content that promote self-harm, violence, the exploitation of minors, terrorism, hate speech, or other content that is unlawful in your jurisdiction or that violates Anthropic’s usage policies (because your question is processed by Anthropic Claude — see Section 6);
• (c) impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• (d) reverse engineer, decompile, disassemble, modify, translate, or otherwise attempt to derive source code, algorithms, model weights, system prompts, or trade secrets from the Service, except to the extent this restriction is prohibited by applicable law;
• (e) scrape, crawl, harvest, or otherwise extract data from the Service by automated means;
• (f) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its underlying infrastructure;
• (g) use the Service to develop or train a competing product or model;
• (h) circumvent any rate limit, paywall, free-tier cap, or access control;
• (i) remove or alter any proprietary notice on the Service;
• (j) use the Service to generate or transmit content that constitutes a regulated professional service (e.g., medical, mental-health, legal, financial, or psychotherapeutic advice) and pass it off as such advice to others.

We may, at our discretion, remove content, throttle, suspend, or terminate accounts that violate this section.

6. User Content and AI-Generated Output

6.1 Your content. When you submit a question, theme, intention, tone preference, or any other input to the Service (“User Content”), you retain all rights you have in that content. You grant Divinica a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, process, display, and otherwise use that User Content solely to operate, secure, support, and improve the Service for you, including transmitting it to our processors (see Section 8 and the Privacy Policy). We do not sell your User Content, and we do not use it to train third-party AI models.

6.2 Your representations. You represent that you have the right to submit your User Content and that it does not violate Section 5 or any applicable law or third-party right.

6.3 AI-generated readings. Each reading text is produced by a third-party large language model (currently from Anthropic’s Claude family). To generate a reading, we transmit to Anthropic the card drawn, the reversed flag, the theme, your tone and intention preferences, your language, the moon phase at the time of the reading, and the text of your question. We do not transmit your email address, display name, account identifier, or payment information to Anthropic. We may change the specific model from time to time without updating these Terms.

6.4 Output is informational only. Readings are AI-generated reflections. They:

• are not medical, psychiatric, or mental-health advice;
• are not legal, financial, tax, accounting, or insurance advice;
• are not professional counseling or therapy;
• are not predictions of future events;
• may contain inaccuracies, hallucinations, or errors;
• should never be relied on for any decision with material legal, medical, financial, safety, or relationship consequences without consulting a qualified professional.

6.5 No advice relationship. Using Divinica does not create a doctor-patient, attorney-client, therapist-client, fiduciary, or other professional relationship between you and Divinica or its personnel.

6.6 Ownership of output. As between you and us, you may use the reading text we display to you for your own personal reflection. We retain ownership of and rights in the underlying templates, prompts, system instructions, deck imagery (subject to Section 9.2), and the Service generally.

7. Crisis Resources

The Service is not a crisis line. If you or someone you know is in immediate danger or experiencing a mental-health emergency:

• Portugal: 112 for emergency services; SOS Voz Amiga — 213 544 545.
• European Union: 112 for emergency services; for emotional-support helplines see findahelpline.com.
• United States: call or text 988 (Suicide & Crisis Lifeline).
• United Kingdom & Republic of Ireland: Samaritans — 116 123.
• Brazil: CVV — 188.
• Ukraine: 103 for medical emergencies; Lifeline Ukraine — 7333.
• Elsewhere: local emergency services, or find a helpline at findahelpline.com.

Please reach out to a qualified human professional. Tarot reflection is not a substitute for care.

8. Third-Party Services

The Service relies on the following third parties to operate. By using Divinica you acknowledge their involvement. Details of what data each receives are set out in the Privacy Policy.

We may add, remove, or replace processors. We will update the Privacy Policy and, where required, notify you.

9. Intellectual Property

9.1 The Service, including all software, design, branding, “Divinica” word marks, logos, copy, prompts, and the user interface, is owned by Divinica or its licensors and is protected by intellectual-property laws. All rights not expressly granted are reserved.

9.2 Card artwork. The tarot deck imagery shipped in the initial Service is based on the Rider-Waite-Smith deck, originally published in 1909 and in the public domain in the United States and most other jurisdictions. Any modifications, layouts, or compositions we apply to that imagery are owned by Divinica. If we add proprietary or third-party artwork, we will note it in-app and credit the artist.

9.3 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction.

10. Subscriptions, Billing, and Auto-Renewal

10.1 Free tier. Without a subscription you can use the Service with a daily reading limit and a shorter visible reading history. Current limits are shown in the app.

10.2 Premium tier. A Premium subscription unlocks unlimited readings and full reading history. Pricing, billing period options (such as monthly or annual plans), and any free trial that may be offered are shown in the App Store at the point of purchase. Local pricing is set by Apple’s price-tier matrix.

10.3 How billing works (Apple-required disclosure).

10.4 Free trial mechanics. If a free trial is offered with your selected plan and you start it, you will not be charged during the trial. If you do not cancel at least 24 hours before the trial ends, Apple will automatically charge you for the next billing period at the then-current price. You can cancel at any time before that deadline at no charge in Settings → [your name] → Subscriptions on your iOS device.

10.5 Refunds. All purchases are processed by Apple. Refund requests are handled by Apple under Apple’s refund policy: support.apple.com/HT204084. We cannot issue refunds directly.

10.6 Price changes. We may change subscription prices. Where required by Apple, you will receive notice and, for renewing subscribers, the opportunity to consent to or reject the new price before it takes effect. If you reject, your subscription will not renew.

10.7 Taxes. Prices may be inclusive or exclusive of taxes depending on your region, as determined by Apple. Apple collects and remits applicable sales tax, VAT, GST, or equivalent.

10.8 EU/UK right of withdrawal. EU and UK consumers normally have a 14-day right of withdrawal for digital services under Directive 2011/83/EU (as transposed in Portugal by Decreto-Lei n.º 24/2014) and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. By starting to use the Service immediately after purchase, you expressly consent to immediate performance of the contract and acknowledge that you lose your right of withdrawal once performance has begun, in accordance with Article 16(m) of the EU Consumer Rights Directive and the equivalent UK rule. This does not affect your statutory rights where the Service is defective or not as described.

11. Changes to the Service or Terms

11.1 We may add, change, suspend, or discontinue any part of the Service at any time, including features, supported languages, or pricing tiers. We will use reasonable efforts to give notice of material changes that adversely affect paying subscribers.

11.2 We may update these Terms. The “Last updated” date at the top reflects the latest version. We will notify you of material changes by in-app message, email, or both. If you continue to use the Service after a change takes effect, you are deemed to accept the updated Terms. If you do not agree, you may stop using the Service and delete your account.

12. Privacy

Our collection and use of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference.

13. Termination

13.1 By you. You may terminate these Terms at any time by deleting your account from within the app (one tap; the account row and all associated readings are permanently deleted from our database — see the Privacy Policy, Section 9). You may also cancel your subscription separately through your Apple account settings; cancelling your subscription does not delete your account.

13.2 By us. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have breached these Terms, you have abused the Service, or continued provision is unlawful or commercially impracticable.

13.3 Effect of termination. On termination, your license under Section 4 ends and you must stop using the Service. Sections that by their nature should survive termination (including Sections 5, 6, 9, 13, 14, 15, 16, 17, 18, 19, 20) survive.

14. Disclaimers

14.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by applicable law, Divinica disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and quiet enjoyment.

14.2 We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, that AI-generated content will be accurate, useful, or appropriate for your circumstances, or that the Service will meet your expectations.

14.3 No professional advice. As stated in Section 6, the Service does not provide professional advice of any kind.

14.4 Statutory carve-out. Some jurisdictions (including the EU, UK, and certain US states) do not allow the exclusion of certain warranties. In those jurisdictions, the disclaimers above apply only to the maximum extent permitted by law, and your statutory rights as a consumer (including those under Portuguese consumer law) are unaffected.

15. Limitation of Liability

15.1 To the maximum extent permitted by applicable law, in no event will Divinica, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to the Service, even if we have been advised of the possibility of such damages.

15.2 To the maximum extent permitted by law, Divinica’s aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) US$100 or (b) the total amounts you paid to us through the Apple App Store for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

15.3 Carve-outs. Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law, including (a) liability for death or personal injury caused by negligence, (b) liability for fraud or fraudulent misrepresentation, (c) gross negligence or willful misconduct, (d) statutory consumer rights in the EU, UK, Portugal, and other jurisdictions, or (e) any other liability that applicable law does not permit to be limited.

15.4 You acknowledge that the price of the Service reflects this allocation of risk, and that we would not provide the Service to you on these terms without these limitations.

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Divinica and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your User Content; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) your misuse of the Service. We may assume exclusive defense of any matter for which you owe indemnification, and you will cooperate with us. This Section 16 does not apply to consumers in jurisdictions where such indemnification by consumers is prohibited.

17. Governing Law and Venue

17.1 These Terms are governed by the laws of Portugal, without regard to its conflict-of-laws principles.

17.2 The courts of Portugal will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to Section 17.3.

17.3 Mandatory consumer law. If you are a consumer resident in the European Union, the United Kingdom, the European Economic Area, Brazil, Ukraine, or another jurisdiction whose law grants you the right to bring claims in your local courts and/or to benefit from mandatory provisions of local consumer law, nothing in this section deprives you of those rights. EU consumers may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

18. Copyright Complaints (DMCA / EU equivalents)

18.1 If you believe content on the Service infringes your copyright, please send a notice to support@divinica.app including:

• (a) a physical or electronic signature of the rights owner or authorized agent;
• (b) identification of the copyrighted work claimed to be infringed;
• (c) identification of the allegedly infringing material and its location in the Service;
• (d) your contact information;
• (e) a statement that you have a good-faith belief that the use is not authorized; and
• (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the rights owner’s behalf.

18.2 We will respond to valid notices under the US Digital Millennium Copyright Act and equivalent procedures in other jurisdictions (including the EU Digital Services Act notice-and-action mechanism).

19. Apple-Specific Provisions

19.1 You and Divinica acknowledge that these Terms are concluded between you and Divinica only, and not with Apple. Divinica (not Apple) is solely responsible for the Service and its content.

19.2 Apple has no obligation to provide any maintenance or support for the Service.

19.3 In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.

19.4 Divinica, not Apple, is responsible for addressing any claims by you or a third party relating to the Service or your use of it, including (a) product-liability claims, (b) claims that the Service fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer-protection, privacy, or similar legislation.

19.5 In the event of a third-party claim that the Service or your possession or use of it infringes intellectual-property rights, Divinica (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of that claim.

19.6 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Miscellaneous

20.1 Entire agreement. These Terms, together with the Privacy Policy and any in-app notices, constitute the entire agreement between you and Divinica regarding the Service.

20.2 Severability. If any provision is held invalid or unenforceable, the remainder will remain in full force, and the invalid provision will be enforced to the maximum extent permitted.

20.3 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

20.4 Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

20.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, war, civil unrest, government action, network outages, or third-party service failures.

20.6 Notices. We may give notice by in-app message, email to the address on your account, or posting at the public Divinica website. You should give notice to us at support@divinica.app.

20.7 Export control and sanctions. You represent that you are not located in, ordinarily resident in, or a national of a country subject to comprehensive EU sanctions, and that you are not on any restricted-party list.

20.8 Language. These Terms are drafted in English. Translations are provided for convenience only; the English version controls except where local law requires otherwise.

21. Contact

For all matters — including general support, privacy requests, copyright notices, and legal questions — please write to support@divinica.app.

If you need our current postal correspondence address (for example, to send a formal legal notice), please email us and we will provide it.

Operator: Artur Nikolaienko, Empresário em Nome Individual, Portugal.