1. Terms used
Parties - parties to the agreement: the Administration on the one hand and the User on the other hand.
Administrator - the Party that administers and maintains the Site and the Service, provides Users with access to the Services and Paid Services, on the terms of this Agreement. The administrator owns the property rights to the Site and the Service and to the domain names of the site https://blacksparc-health.com/. The administrator is represented by the director and employees of the Blacksparc Health company.
User - a person who has acceded to the Agreement in the prescribed manner, has passed the registration procedure, received an individual login and/or password, and also visits the Site using its Service.
User Account (Account) - a User account created during the first authorization of the User on the Site, which allows identifying (authorization) each User, including through his account in social networks or instant messengers.
Site - a set of web pages posted on the Internet, united by a single theme, design, and a single address space of the https://blacksparc-health.com/ domain and its subdomains (and/or other domains that may be used by the Administrator from time to time). The start page of the Site, through which access to the remaining web pages of the Site can be made, is posted on the Internet at https://blacksparc-health.com/ (or another address that may be reported by the Administration). Through the Site, users access the Service.
Service - a software complex https://blacksparc-health.com/ located on the Site, as well as a Bot designed to transfer information to the User from the Site via instant messengers. The purpose of the Service is the daily support of a person in achieving personal well-being, the calculation, based on Chinese traditional practices of Bazi (八字), of days that bring good luck to the User. Services are provided to the User in the form of Services.
Services: providing Users with access to the Site and the Service, the use of general and individual calculations of days and recommendations based on the analysis of the User's individual energy, bringing good luck, on the terms specified in this Agreement. Administrator services are provided free of charge. The only exceptions are Additional Paid Services. Services can be provided by the Administrator to the User only during the User's use of the Service.
Additional Paid Services (hereinafter: "Paid Services") - providing the User with additional special features of the Site for a fee, on the terms specified in this Agreement. These services are not mandatory and are provided at the request of the User. Paid Services are also provided by the Administrator only during the User's use of the Service. The use of Paid Services is allowed only after the User has registered and authorized on the Site in accordance with the procedure established by the Administrator.
Administrator's resources: Internet access channels, servers, domain names, as well as other software and hardware owned or rented by the Administrator.
User Agreement - the text of this Agreement between the Administrator and the User, containing all the necessary, essential terms of the agreement that determine the relationship between the parties.
Well-being is a positive outcome that matters to people because it indicates that people feel their lives are going well. Good living conditions (eg housing, work) are fundamental to well-being. However, many indicators that measure living conditions fail to measure how people think and feel about their lives, such as the quality of their relationships, their positive emotions and resilience, the fulfillment of their potential, or their overall life satisfaction, i.e. their “ well-being."
Well-being usually includes global judgments of life satisfaction and feelings ranging from depression to joy.
2. General provisions
2.1 The Agreement governs the relations between the Parties arising in the course of the User's use of the Site, the Service, and the provision of the Services by the Administrator.
2.2 The relations of the Parties may be additionally regulated by separate documents and agreements regulating the use of the relevant Service and/or the provision of Services to the User. The application of such additional documents and agreements does not invalidate this Agreement.
2.3 This Agreement may be changed and supplemented by the Administrator without any special notice to the User. Any changes come into force immediately after the publication of the amended version of the Agreement on the Site at the address specified in this paragraph unless otherwise provided by the new version of the Agreement. The current version of the Agreement is posted on the Internet at: https://blacksparc-health.com/privacy-policy
2.4 The Administrator provides access to the Site (Service, Services, Paid Services) to an unlimited number of persons, on the terms of this Agreement.
2.5 The User is aware that the main purpose of the Services and Paid Services is to provide the User with information by the Administrator about the most understandable and useful explanations and recommendations for the User on achieving Well-Being, bringing good luck, calculated on the basis of Chinese traditional practices of Ba Zi (八字) through the Service and the Bot.
2.6 The User is aware that the methods of providing the Services and Paid Services are based on Chinese traditional practices of Ba Zi (八字), the personal experience of the Administrator Blacksparc Health, and the calendar and other tools provided by the Administrator are only recommendations and cannot be the only basis for taking serious life or business solutions.
2.7 The user is aware that the Chinese metaphysical techniques, of which the traditional practices of Ba Zi (八字) are a part, are not scientific knowledge and cannot be confirmed or refuted using any modern scientific methods.
2.8 The Administrator in no way guarantees the User that the cases started or carried out on the day or hour recommended on the Site or transmitted in the form of Services or Paid Services will necessarily bring a positive result, success or good luck to the User.
3. The procedure for the entry into force of the Agreement
3.1 In accordance with Article 435 of the Civil Code of the Russian Federation (CC RF), this User Agreement is recognized as an offer.
3.2 In accordance with Article 438 of the Civil Code of the Russian Federation (CC RF), the unconditional acceptance (acceptance) of the terms of this offer of the Agreement is considered to be the beginning of the use of the Site by the User. By starting to use the Site, the User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions, he has the rights and performs the duties specified in the text of this Agreement. If the User disagrees with any of the provisions of the Agreement, the User is not entitled to use the Site. If the Administrator has made any changes to the Agreement in the manner provided for in paragraph 2.3 of the Agreement, with which the User does not agree, he is obliged to stop using the Site.
3.3 This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
3.4 By accepting the terms of this Agreement, the User confirms and guarantees that he has all the necessary rights and powers to use the Service.
4. Rights and obligations of the parties
4.1. User rights
In accordance with this agreement, the User has the right to:
• Use the Site and Service for personal purposes only.
• Use all Services, Resources, and Services (including Paid Services) provided by the Administrator.
• If necessary, use the technical support of the site, and contact the Administrator for any questions, through the contact details or the feedback form.
• Free of charge (excluding the provision of Additional Paid Services) to use the Site, Services, and Services.
• Subscribe to the newsletter when registering and creating an Account or later, or unsubscribe from this newsletter.
4.2. Obligations of the User
• Indicate reliable information when registering on the site and creating an Account.
• Independently take all necessary measures to ensure the effective security of a personal account.
• Do not provide access to it to third parties.
• If necessary, at the request of the Administrator, provide confirmation of their personal data indicated on the site at the time of registration.
• Follow the instructions of the Administrator within the limits of using this Site.
• Do not violate the copyright and intellectual property rights of the Administrator located on his Site.
• Comply with all without limitation the terms of this Agreement.
• To avoid disputes, the User undertakes to independently check for updates to the text of the Agreement on the Site, where it is freely available as specified in clause 2.3. If the User fails to check for updates to the text of the Agreement, this fact cannot serve as a basis for refusing to fulfill the obligations assumed. Further use by the User of the Site and the Service after such changes have been made means that the User agrees with them.
4.3. The user does not have the right:
Using the Administrator's Site, the User is not entitled to:
• Use the errors of the Site, gain unauthorized access to a common database, or computer system, and change the program code.
• The User is prohibited from using malware that can harm the Site. If such and similar violations are detected, the Administrator has the right to apply penalties to the User, including the prohibition of access to the Site and account change.
• Engage in fraud and other illegal activities.
• Advertise anything without the written permission of the Administrator.
• Carry out anti-advertising of the Site, including outside it.
The User agrees that his rights and obligations can be changed/supplemented by the Administrator, of which he is notified via the contact details specified during registration (or on the site)
4.4. Administrator Rights
This Agreement grants the Administrator the following rights:
• At any time, at its own discretion, unilaterally without prior notice to Users, expand, modify, terminate, or limit the provision of Services, as well as Paid Services.
• Operate the Services, Services, and other processes and the Site at your sole discretion. Suspend, change the course of work, design, style of the Site, a set of Services, and Paid Services, without notifying the User in advance.
• Apply sanctions to the User in case of violations of this Agreement.
• Delete/change the User's information posted on the Site.
• Track, and store identification and statistical information about the User, and dispose of it in accordance with the Site's Privacy Policy.
• Send to Users in the messenger through the Bot technical, advertising, and other information regarding the Site, Services, Paid Services, and other topics related to the Site and Chinese metaphysics.
• If the User agrees, send him a newsletter dedicated to Wellbeing to the e-mail address specified during registration.
• Inform, warn, make comments, and notify the User in case of non-compliance/violation of the terms of this Agreement. All instructions of the Administrator must be strictly followed.
• Take legal action to protect your intellectual, copyright property.
• Modify, change, and supplement the Site at its own discretion, without notifying the User in advance.
• The administrator's inaction on violations of this Agreement by the User does not preclude the application of penalties later.
4.5. Administrator Responsibilities
As a party to the User Agreement, the Administrator is obliged to:
• Ensure that the User can receive the Administrator's Services within this Site (including the receipt of Paid Services).
• Keep records of the funds contributed by the User to pay for the Paid Services.
• Maintain the Site and Service, ensuring their functioning. This section does not exclude the possibility of errors and failure of the Site, Service, hardware, and software complex, which does not entail the responsibility of the Administrator.
• Answer Users' questions, in case of questions, or disputes, and take measures to resolve them.
4.6. Limitation of liability of the Administrator
In accordance with this section, the Administrator is not responsible for:
• Any damage caused or which can only be caused to the User's personal data and computer in connection with the use of the Site and the Service.
• Losses (direct/indirect) caused to the User in connection with the use or unavailability of the Site and the Service (the inability to use it), the behavior of third parties on the Site, and unauthorized access to the User's personal data.
• Statements, disseminated information, statements of the User and other illegal actions carried out by him on the Site and beyond.
• Loss by the User of the information specified by him during registration, loss of access to the Site (login, password, etc.).
• Loss of the User's ability to access paid Paid Services as a result of loss of access to the Site (loss of login, password, access to e-mail, etc.).
• User's capabilities related to access to the Internet, and data transfer speed.
• Positive or negative results and success of cases selected according to the list provided by the Service: "Cases that bring good luck" and committed on the recommended day or hour.
• Any material or moral losses incurred by the User who committed or started business on the day or hour recommended on the Site or in the form of the Services provided and Paid Services, including through the Bot.
4.7. Administrator does not guarantee
• Continuous, reliable, error-free operation of the Site, access to its resources, and Services, including Paid Services.
• Compliance of the quality of the provided Services (Paid Services) with the User's expectations.
• The Administrator is not obliged, at the request of the User, to submit documents and other evidence indicating a violation (by the User) of this Agreement and the application of penalties / disciplinary sanctions against him.
• The User uses the Administrator's Site solely at his own risk, of his own free will, without coercion. He understands the possible risks associated with doing important things on the recommended days and hours, calculated on the basis of Chinese metaphysical technical, and has no moral or material claims against the Administrator.
5. Privacy and Security
5.1. Confidential information - information received by the Administrator in the process of registering the User on the Site, visiting the Site, and using the Services. Its use is in accordance with the Site's Privacy Policy.
5.2. Confidential information is not subject to disclosure and transfer to third parties.
5.3. Personal data may be transferred by the Administrator to third parties only in the event of an official request from law enforcement agencies (violation of local and international laws).
5.4. The administrator ensures the security of the user's personal data using special software. In case of unauthorized access to the Site by third parties, the security of personal data is not guaranteed.
5.5. The Administrator ensures the security of the User's financial transactions on the Site, subject to full compliance with all clauses of this Agreement and the use of only the payment systems listed on the Site.
6. Additional Paid Services
6.1. At the request of the User, the Administrator provides him with Additional Paid Services. They allow you to use the advanced features of the Site and the Service.
6.2. The acquisition of Paid Services is the User's own will. Paid Services are not a prerequisite for using the Site and the Service.
6.3. Additional Paid Services include the purchase and renewal of a subscription for a certain limited or unlimited (after an AutoPay subscription) term, which allows, during its term:
• Sign up for 1 consultation on the use of the Blacksparc Health system and acquaintance with the methodology from the experts of the Blacksparc Health company, or 1 consultation on adjusting a personal program for achieving Well-Being;
• Deciphering the card personally to the User, taking into account his Chinese ba-zi horoscope;
• Daily receive a list of activities that will bring good luck personally to the User in his messenger;
6.4 From the moment the User deposits funds through the payment system associated with the Site and subscription to Paid Services, they are considered activated and the period of subscription to Paid Services begins.
6.5 After the provision of the Paid Service, it is considered to be completed in full and of proper quality, the funds spent on its purchase are not refundable.
6.6. The User agrees that the Administrator has the right to store personal information received when purchasing Paid Services.
6.7. The list of Paid Services and their cost are published only by the Administrator on the Site. Any information and offers to purchase these services on third-party resources are considered fraud, for which the Administrator is not responsible.
6.8. The methods and possibility of acquiring Paid Services are explained by the Administrator on the Site.
6.9. Subscriptions of Paid Services for a certain period, that is, for a month, six or twelve months, etc., are non-refundable, that is, if the User refuses to use Paid Services during the paid period, the money is not returned.
6.10. Subscription to Autopayment can be stopped by the User at any time, from that moment payments are no longer debited from the User's means of payment, which he indicated when subscribing. The amount deducted from the User for the current month in which the subscription to AutoPay was stopped is not refundable.
6.11. The Administrator does not provide clarifications on the issues of working with payment systems, with the help of which the User decided to purchase Paid Services, and is not responsible for their correct operation.
6.12. In the event of a technical malfunction of the Site or intentional actions of the User, as well as in other cases when Paid Services were provided without full/partial payment of funds by the User, he is obliged to report this fact to the Administrator. After that, the User is obliged to repay the arisen debt.
6.13. The Administrator does not refund funds to the User for unused (partially used) Paid Services.
6.14. The User, at his own expense, independently bears all financial costs associated with the acquisition of Paid Services. This section includes commissions, fees of payment systems, and other expenses.
6.15. The User warrants to the Administrator that he has all legal powers and rights to conclude this Agreement in terms of Paid Services.
6.16. In the case of the acquisition of Paid Services by a User under the age of 18, he must first obtain consent to conduct a financial transaction from legal representatives. The fact of purchasing Paid Services is a confirmation of obtaining such consent from a legal representative. If necessary, the Administrator has the right to request written confirmation of consent and the provision of passport data to determine the true age of the User.
6.17. Responsibility for the purchase of Paid Services is entirely the responsibility of the User and his legal representatives.
6.18. Disputes about liability for the purchase and maintenance of Paid Services with the Site Administrator are unacceptable.
6.19. Receipt of Paid Services by the user is possible only after full payment of their cost.
7. Additional provisions
7.1. If the User does not have the right to use the Site in accordance with the legislation of his country or there are other restrictions (age tolerance and others), he is obliged to refuse to use the Site, as well as its individual Services, without warning. The user assumes all responsibility for the use of the Site in his country, based on local laws and taking into account international law.
7.2. The invalidity of one/several clauses/sections of the User Agreement does not entail its invalidity as a whole. In this case, the parties must fulfill their obligations under the remaining clauses/sections of the Agreement.
7.3. Disputes arising between the parties are subject to initial settlement in a pre-trial order, by correspondence between the Administrator and the User.