1. Operator & Scope
These Terms govern use of the Scintilla platform ([PLATFORM URL]), operated by SC BUCOVINA THE BEST SRL, CUI [CUI], registered with the Romanian Trade Register under no. [NR. REGISTRUL COMERȚULUI J__/__/____], with registered seat in [SEAT CITY, COUNTY], Romania. By creating an account you accept these Terms. Use of the Platform requires a minimum age of 18 years.
2. Definitions
Platform: scheduling, chat, audio-call, and payment-collection software for consultation providers. “Reader”: professional offering consultations through own Reader Portal. “Client”: person booking a Reader. “Session”: a booked consultation.
3. Platform Role — No Intermediary Liability
Scintilla is a technical service provider. The consultation contract exists SOLELY between Reader and Client. Scintilla is NOT a party to it, does not supervise or certify Readers, does not guarantee service quality, outcomes, or Reader identity beyond the KYC check described in §5. Readers are independent professionals, not employees, agents, or partners of Scintilla.
4. Nature of Services — Disclaimer
Consultations offered on the Platform may include tarology, cartomancy, astrology, and holistic practices. These are provided for personal insight and entertainment. They are NOT medical, psychological, psychiatric, legal, or financial advice and must not replace professional consultation. Scintilla makes no claim about the efficacy of any service.
5. Reader Onboarding & KYC
Readers undergo identity verification (KYC) before activating a paid Portal. KYC verifies identity only; it is not an endorsement of skills or quality.
6. Reader Payment Collection (BYOK)
Payments from Clients for Sessions are collected through payment gateways configured by the Reader (e.g. PayPal, Stripe, Satispay) into accounts owned by the Reader. Scintilla never holds Client payments for Readers. The Reader is the sole merchant of record toward the Client for the Session and is solely responsible for invoicing, refunds, chargebacks, taxes, and consumer-information duties arising from the Session.
7. Platform Fees
The Reader pays Scintilla: (a) a subscription fee per the selected plan; (b) a per-minute technical fee for chat and audio usage; (c) where applicable, a commission per the plan terms. Fee amounts are shown at signup and in the dashboard. Scintilla may change fees with [30] days’ notice. Unpaid platform fees may lead to suspension of the Portal after reminder.
8. Client Payments & Refunds
Clients pay the Reader directly through the Reader’s chosen gateway. Refund requests and payment disputes must be raised with the Reader and, failing resolution, with the payment provider under its rules. Scintilla assists with evidence but does not issue refunds on behalf of Readers.
9. Acceptable Use
Prohibited: unlawful services; services targeting minors; impersonation; fraud; harassment; claims of guaranteed outcomes (health, love, money); medical/psychological diagnosis; content infringing third-party rights; scraping, reverse engineering, or automated abuse of the Platform; circumventing platform fees by taking Sessions off-platform arranged through the Platform.
10. Account Security
You are responsible for your credentials and all activity under your account. Notify us immediately of unauthorized use.
11. Availability & Beta Status
The Platform is provided “as is” and “as available”, currently in beta. No uptime guarantee. Features, including audio calls, may change or be discontinued. Scheduled maintenance will be communicated when reasonably possible.
12. Privacy & Data Protection (GDPR)
Processing is described in the Privacy Policy at /privacy. Roles: Scintilla is data controller for platform account, billing, and platform-usage data. For Client personal data processed within a Reader’s Portal (chats, bookings), the Reader is the controller and Scintilla is the processor acting on documented instructions; the Data Processing Agreement at [DPA URL] applies. EU users retain statutory consumer rights. The Privacy Policy is published in Romanian (authoritative), Italian, and English at /privacy (/it/privacy, /en/privacy, /ro/privacy via locale); the Romanian version prevails in case of divergence.
13. Intellectual Property
The Platform, software, and brand are owned by SC BUCOVINA THE BEST SRL. Readers own their content and grant Scintilla a non-exclusive license to host and display it within the Portal for the purpose of providing the service.
14. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages, or lost profits. Scintilla’s total liability toward a user is capped at the total Platform fees paid by that user in the 12 months preceding the claim. Nothing in these Terms limits liability for willful misconduct, gross negligence, or any liability that cannot be limited under applicable law.
15. Suspension & Termination
Either party may terminate with [30] days’ notice. Scintilla may suspend immediately for breach of §9 or payment default. On termination, the Reader may export Session data for [30] days; thereafter data is deleted per the retention schedule.
16. Governing Law & Jurisdiction
These Terms are governed by Romanian law, in force now and after the hosting transition. Consumers may bring claims in the courts of their domicile where EU law so provides; for distance contracts, OUG 34/2014 applies. Mandatory consumer protections always prevail. Consumers habitually resident in Italy benefit from the mandatory protections of Italian consumer law (Codice del Consumo, D.lgs. 206/2005), including the right of withdrawal (recesso) under the conditions applicable to distance contracts; where Italian mandatory consumer protections are more favorable to the consumer, they prevail. Venue for business-to-business disputes: the Romanian courts competent at the operator’s seat — [TRIBUNALUL ___].
17. Right of Withdrawal (OUG 34/2014) (for Italian consumers: recesso under Codice del Consumo — same 14-day mechanism)
Consumer Clients concluding a distance contract have the right to withdraw within 14 days without stating reasons, in accordance with OUG 34/2014 (and, for Italian consumers, the equivalent recesso under Codice del Consumo, D.lgs. 206/2005 — same 14-day mechanism). The withdrawal period starts at contract conclusion. The right lapses for services fully performed with the consumer’s express prior consent and acknowledgment that they will lose the right once performance is complete (e.g. per-minute Sessions fully consumed, subscription months fully used); partial consumption gives rise to a pro-rata charge for what has been supplied. The Operator confirms the order on a durable medium (email) per art. 10 OUG 34/2014, including the information required for withdrawal.
18. Legal Information & ADR
In accordance with Legea nr. 365/2002 on electronic commerce, the site publishes the operator’s identification: firm name (SC BUCOVINA THE BEST SRL), registered seat [SEAT CITY, COUNTY], CUI [CUI], Trade Register no. [J__/__/____], and contact email [CONTACT EMAIL]. In accordance with Legea nr. 192/2006 on mediation and Government Ordinances on alternative dispute resolution, the site carries the ANPC SAL (Soluționarea Alternativă a Litigiilor) link: https://anpc.ro/ce-este-sal/ . Consumers may also use the EU ODR platform where applicable.
19. Changes to Terms
Material changes will be notified by email or in-app notice [14] days before taking effect. Continued use after the effective date constitutes acceptance.
20. Contact
[SUPPORT EMAIL], [OPERATOR LEGAL ADDRESS — SC BUCOVINA THE BEST SRL, SEAT CITY, COUNTY, Romania].