Terms of Use
Last updated: 15/10/2026
Effective Date: 15.10.2026
These Terms of Use (the “Terms”) govern access to Dalisy’s mobile application, official Dalisy web pages, and related functions (collectively, the “Service”). The Terms form a contract between a user of the Service (“User”, “you”) and NovaApp LLC, a limited liability company incorporated in the State of Wyoming, USA (“NovaApp”, “we”, “us”). By clicking the consent button, creating an account, starting to use the features of the Service or confirming a purchase after you have been given the opportunity to read the Terms, you confirm that you have read and accept them. If you do not agree to the Terms, do not create an account, do not make purchases and stop using the Service. Section 27 contains an agreement to individual binding arbitration and a waiver of jury trials and class actions. As provided in that section, you retain the right to bring an eligible claim in small claims court, contact a government agency, or opt out of arbitration within 30 days.
1. Related Document
The processing of personal information is governed by Dalisy’s Privacy Policy, which forms part of this agreement as applicable:
- Privacy Policy - describes the collection, use, disclosure and storage of personal information, as well as the available rights of the User: https://dalisy.net/privacy. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall prevail, except for the processing of personal information and cases where mandatory applicable law requires otherwise.
2. Key Definitions
“Account” is an individual user account with Dalisy. “Consultant” means an independent person who, through Dalisy, responds to Users on topics of astrology, numerology, palmistry, tarot, dream interpretation and other esoteric or spiritual topics. “Consultation” means the exchange of text messages between the User and the Consultant via Dalisy. “Paid consultation” is the part of the consultation for which a fee is charged at the rate shown before it begins. “Balance” is the available amount displayed in the Account and used to pay for Dalisy services. “Payment Provider” means Apple, Google or any other provider expressly specified to the User when making a particular purchase. “User Content” means messages, questions, images, reviews, profile information, support messages and other materials that the User sends through the Service.
3. Who can use the Service
The service is intended only for individuals who have reached the age of 18 and are able to conclude a legally binding contract. By creating an Account, you confirm that you are 18 years of age, the information you provide is true and you use the Service personally, and not on behalf of a minor or another person. You may not use the Service if your access has previously been terminated for violation of the rules, if applicable law prohibits you from receiving the relevant services, or if you are located in a place where applicable trade or sanctions restrictions apply. You must comply with applicable federal, state and local regulations. NovaApp may determine in which jurisdictions registrations, purchases or individual features are available, and apply technical restrictions. Being able to see a Dalisy page or download an app does not mean that NovaApp offers every feature anywhere or that it is allowed to be used there.
4. Description of the Service and License
Dalisy provides a technological environment in which the User can find Consultants and communicate with them in a text chat. The service can also provide free automated features, such as entertaining interpretation of a dream or palm image, as well as limited introductory chat access. The actual set of functions is displayed in the interface and may change. Subject to the Terms, NovaApp grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable right to install the App and use the available features for personal non-commercial purposes. The application is licensed, not sold. No rights to program code, design, trademarks or other elements of the Service shall be transferred to you. You independently provide a compatible device, Internet connection and payment for communication services. Updating the application may be necessary for the security and operation of individual functions. NovaApp does not guarantee support for every device model, operating system version or access method.
5. Role of NovaApp and Status of Consultants
5.1. What NovaApp Does
NovaApp develops and administers Dalisy, provides access to features, displays profiles and rates, provides the technical communication channel, tracks usage, provides support, reviews complaints, and enforces platform rules. NovaApp may accept payment or engage a Payment Provider to process payment. The implementation of support, moderation, calculations, checks and voluntary compensation does not mean that NovaApp becomes the author of each Consultant’s response or guarantees its content.
5.2. Independent status of Consultants
Consultation content is provided by Consultants as independent service providers. They are not employees, agents, partners, joint venturers, or authorized representatives of NovaApp and may not assume obligations on behalf of NovaApp. Each Consultant independently formulates their responses and is responsible for complying with the laws applicable to them and the Dalisy rules.
5.3. Limited Scope of Screening
NovaApp may request documents and information from a Consultant regarding identity, age, tax or payment status, and may review compliance with the rules, complaint history, and technical quality of the work. The scope of screening may vary and does not constitute continuous monitoring. NovaApp does not verify or warrant a Consultant’s claimed psychic, spiritual, predictive, or other abilities; their education, experience, knowledge, qualifications, accuracy, integrity, or suitability for a particular User; the accuracy of the profile category; the truth of a prediction; or the achievement of any result. NovaApp is not required to independently verify every profile statement or every Consultant message unless the law expressly requires it.
5.4. The User Chooses the Consultant
You independently select a Consultant, evaluate their profile, price, communication style, and responses, and decide whether to begin, continue, or end a Consultation. A pseudonym, avatar, specialization, badge, rating, review, placement in search results, and “online” indicator are provided for convenience and do not constitute NovaApp’s endorsement or guarantee of qualifications, quality, or results.
6. Entertainment Purposes Only and Safety Rules
Dalisy, Consultations and Automated Results are intended solely for entertainment and personal reflection. They are based on subjective interpretation and should not be perceived as an established fact, professional assessment, promise, guarantee, diagnosis or reliable forecast of the future. Dalisy is not a medical, psychiatric, psychotherapeutic, crisis, legal, financial, investment, tax, insurance, human resources, law enforcement or other professional service. NovaApp and Consultants through Dalisy do not replace a licensed professional. Do not initiate, discontinue, or change treatment, medication, legal strategy, financial transaction, or other important action based on Dalisy communications. You are responsible for the decisions and actions you take after using the Service. If the matter could significantly affect health, safety, freedom, family, property, work or finances, contact a suitable qualified professional and verify the information independently. The Service is not intended for emergencies. If there is an immediate danger to you or another person, do not wait for a response in Dalisy and contact local emergency services immediately. In the United States, call 911; for a suicide or severe emotional crisis, call or text 988. NovaApp does not guarantee that a dangerous message will be detected or addressed in real time.
7. Account, Registration Information and Security
7.1. Creation and use of an Account
An Account is required to access Consultations and purchases. You must provide accurate, current, and complete information and update it promptly. One person may have only one Account unless NovaApp expressly permits otherwise. You may not create an Account for another person or transfer, sell, rent, or share an Account. If you sign in through an Apple, Google or other vendor account, the vendor’s rules also apply to that account. Disabling or losing access to a third-party account may limit login to Dalisy. NovaApp may request reasonable proof of identity or eligibility for an Account to protect the User, prevent fraud and comply with the law.
7.2. Access Security
You must keep your password, login code, and other access credentials confidential, protect your device, and not allow third parties to confirm purchases on your behalf. Do not provide support personnel with your password, full payment-card number, or card security code; NovaApp does not request that information. If you notice an unknown login, loss of a device, unauthorized use of an Account or purchase, immediately change the available security data, contact the relevant Payment Provider and inform NovaApp at support@dalisy.net. Prior to receiving notice, you may be liable for actions through the Account to the extent permitted by law; this provision does not override statutory rights with respect to unauthorized transactions.
7.3. Accuracy and Restrictions
NovaApp may reject registration, restrict particular features, or combine related requests if it detects duplicate Accounts, inaccurate information, circumvention of age or territorial restrictions, or abuse of promotions, the Satisfaction Guarantee, or payment procedures. Support may review such a decision based on information provided by the User.
8. Profiles, ratings and reviews
A Consultant may publicly use an approved pseudonym and avatar. This helps protect personal data and does not mean that NovaApp publicly discloses the Consultant’s legal name. The existence of a profile is not a representation by NovaApp that the Consultant holds a professional license, that the methods are scientifically valid, or that the Consultant can predict events. Ratings and reviews express the opinions of the respective Users. NovaApp may use automated and manual measures to address fake reviews, collusion, incentives for reviews, threats, personal data, unlawful content, and other violations. A negative review is not removed merely because it is negative. A User may provide an honest assessment of their actual experience, subject to the rules and the rights of others. The order in which Consultants are displayed may depend on availability, language, category, usage history, service quality, commercial terms, technical factors, and other criteria. Placement in results or a special indicator does not guarantee superiority or any result.
9. Conduct of Consultations
Consultations in Dalisy take place through text chat. Before the paid portion begins, the User is shown the Consultant’s rate and available Balance. The paid portion begins only after a clear action by the User and confirmation by the Service that it has started. NovaApp does not charge for time before that start. The User may end a Consultation at any time through the provided interface. The Consultant may also end or decline to continue a Consultation if the request falls outside the scope of the Service, violates the rules, contains threats, or the Consultant is unavailable. Ending a Consultation does not cancel fees already and correctly accrued. All paid messaging and billing must take place within Dalisy. The User and Consultant may not exchange personal contact details for the purpose of moving communications or payments outside the Service. NovaApp does not control and is not responsible for voluntary relationships, meetings, payments, or communications outside Dalisy, and such conduct may result in Account restrictions. NovaApp may retain technical logs of chat start and end times, the applicable rate, charges, and messages to the extent described in the Privacy Policy. This data may be used for support, billing, security, complaint review, rule enforcement, and legal compliance.
10. Free features, introductory access and promotions
Dalisy may provide free automated interpretations of dreams or palm images, limited free messages, or other informational features. Their availability, scope, duration, and a particular User’s eligibility are shown in the interface or offer terms. NovaApp is not required to provide any such feature continuously and may change or discontinue it prospectively. Automated results are created for entertainment purposes and may be incomplete, repetitive, or inaccurate. They do not constitute biometric identification, a medical assessment, or a professional opinion. Images and other data are processed in accordance with the Privacy Policy. Promotions may have separate terms, territorial, age and other conditions. If the special conditions of the promotion conflict with these Terms, the special conditions apply only to the relevant promotion. Free minutes and bonuses are not exchanged for money and are not transferable.
11. Prices, purchases and payment providers
11.1. Price display
Before confirming a purchase or initiating a Paid Consultation, Dalisy will show the applicable price, rate or deposit amount and, where possible, taxes and other mandatory fees. You undertake to verify the information shown prior to confirmation. The price change applies only to future purchases or future paid time and does not change the transaction already completed.
11.2. Payment processing
Payment may be processed by Apple, Google, or another identified provider. The Payment Provider may require separate authentication and applies its own terms, privacy rules, and refund procedures. You authorize that provider to charge the confirmed amount and applicable taxes to the payment method you are authorized to use. You may use only a payment method that you are authorized to use. NovaApp may decline a transaction or request additional verification if there are indications of error, stolen payment data, an inconsistency involving the Account, or fraud. A bank, app store, or other provider may apply its own currency conversion or fee, which NovaApp does not set.
11.3. Single purchases; no subscription
Under Dalisy’s current model, purchases are one-time purchases. Dalisy does not offer subscriptions or charge recurring subscription fees. Any future subscription or automatic top-up will require separate, clear disclosure of the price and frequency and the User’s separate consent before the first recurring charge.
12. Dalisy Balance
The Balance may be used only to pay for Dalisy services. It may not be sold, transferred to another User, or exchanged for cash. A refund is available only where required by the Payment Provider’s rules or mandatory law. Bonuses, discounts, free minutes, and other promotional benefits have no independent monetary value, cannot be withdrawn, and are not refundable in cash. In connection with a refund or payment dispute, they are not included in the refundable amount, and unused bonuses associated with the refunded purchase may be canceled. The terms of a specific discount, bonus or promotion are shown to the User prior to their application. The validity period applies only when it has been clearly indicated in advance.
13. Payment for consultations and other services
Dalisy has no subscriptions or automatic Balance top-ups. The User separately confirms each Balance top-up, the start of each Paid Consultation, and each order for another paid service. Prior to confirmation, Dalisy shows the rate per minute of paid consultation or the full cost of another service. The cost of the consultation is calculated at the shown rate and duration of the consultation. The cost of another service is determined at the time of order confirmation.
14. Satisfaction Guarantee and Compensation Requests
14.1. What the Guarantee Is
The Satisfaction Guarantee is a voluntary NovaApp program intended to address genuine dissatisfaction with the experience of a Paid Consultation. It is not a promise that a prediction is true, an admission of a defect, or a monetary guarantee of any result. Compensation approved under this program is credited to the Balance as a bonus and is not refunded in cash.
14.2. First paid consultation
A request concerning the User’s first Paid Consultation must be received by NovaApp no later than 3 calendar days after it ends. This rule may be used once. The maximum compensation equals the amount actually paid for no more than 20 minutes of that Consultation. If it lasted less than 20 minutes, the maximum is limited to the duration actually paid for.
14.3. Subsequent Paid Consultations
A request concerning a subsequent Paid Consultation must be received no later than 24 hours after it ends and must concern the most recent Paid Consultation identified by the User. Maximum compensation equals the amount actually paid for up to 20 minutes. No more than one such request in any 30-day period and no more than one request involving the same Consultant may be approved.
14.4. How to make a request
A request must be submitted through https://dalisy.net/contact-usor to support@dalisy.net. State the Account email, the Consultant’s name or pseudonym, the date and approximate time of the Consultation, and briefly explain the reason for your dissatisfaction. Do not send a password or full card number.
14.5. Review of Requests
NovaApp may review messages, duration, charges, technical logs, the history of previously issued compensation, and compliance with the rules. Depending on the circumstances, NovaApp may issue full compensation up to the applicable maximum, compensate only the affected portion, or deny the request under the program rules. To qualify for the Guarantee, the Account must be active and not blocked for fraud. The Guarantee does not cover free time, promotional bonuses, an amount already compensated, a transaction not paid for by the User, a repeated request exceeding the limit, or a request submitted after the deadline. NovaApp may deny a request involving multiple related Accounts, collusion, false information, a threat of a negative review in exchange for compensation, obtaining both a bonus and a cash refund for the same transaction, or other confirmed abuse. Subjective dissatisfaction with the content of the Consultation, as well as an assessment of its accuracy or usefulness, do not in themselves constitute a payment error and do not create a right to a cash refund. NovaApp may consider such a request as part of a voluntary Satisfaction Guarantee under this section.
14.6. Rights Not Limited by the Guarantee
The Guarantee does not replace or limit rights relating to a duplicate charge, incorrect rate, unauthorized transaction, or other confirmed billing error. Those matters are handled separately under Section 15, the Payment Provider’s procedures, and mandatory law.
15. Billing Errors, Provider Refunds, and Payment Disputes
15.1. Payment errors
If the User believes that an incorrect price was applied, the same transaction was charged twice, or a purchase was made without their authorization, the User may contact Dalisy support. NovaApp will review the request and, if an error is confirmed, adjust the Balance or inform the User how to contact the applicable Payment Provider.
15.2. Purchases through a store or other provider
If a purchase is processed by a Payment Provider, that provider may issue the refund under its procedures. NovaApp may provide information and support but cannot promise to reverse independently a transaction processed by the provider. NovaApp’s voluntary decision to issue bonus compensation and the provider’s decision to issue a cash refund are separate processes.
15.3. Unknown or unauthorized transaction
If you identify an unknown transaction, promptly secure your Account and payment method, contact the Payment Provider, and notify NovaApp. Locating a transaction may require the date, amount, order ID, and, where permitted, the last four digits associated with the payment method. NovaApp does not require a full card number or security code.
15.4. Chargebacks and Abuse
Good-faith use of a statutory right to dispute a payment is not prohibited. However, if a purchase is refunded or charged back, NovaApp may remove the corresponding unused Balance and bonus, place the disputed transaction on hold, and request verification. If value has already been used and the payment is later lawfully reversed, NovaApp may restrict purchases or require payment of the confirmed debt to the extent permitted by law. A User may not receive both a cash refund and bonus compensation for the same amount.
15.5. Investigation of suspicious transactions
NovaApp may temporarily restrict a transaction, purchase, or Account and request reasonable proof of identity or authorization to use the payment method where there are signs of stolen payment data, unusual activity, multiple related Accounts, excessive payment disputes or chargebacks, circumvention of restrictions, collusion, or other fraud. After review, NovaApp will remove any unsupported restriction and process the undisputed Balance in accordance with these Terms and mandatory law.
16. User Content, Messages and Moderation
16.1. Rights of the User
You retain the rights to User Content. By submitting it via Dalisy, you confirm that you are entitled to do so and that the content does not violate the law, privacy, copyright, trademark, image or other rights of third parties.
16.2. Limited License of NovaApp
You grant NovaApp a non-exclusive, worldwide, royalty-free license to store, reproduce, transmit, technically modify, and process User Content only to the extent necessary to provide the Service, deliver messages, create backups, provide support, maintain security, moderate content, prevent fraud, comply with law, and protect rights. The license continues only for as long as necessary for those purposes and the retention periods described in the Privacy Policy. The private content of the Consultation is not used in public advertising without the separate permission of the User. If the User himself publishes a review or other material in the public part of Dalisy, the license also includes the display and distribution of this material within the operation of the corresponding public function. NovaApp does not require the transfer of exclusive rights to an honest review.
16.3. Storage and viewing of messages
Text messages may be retained and selectively reviewed by authorized NovaApp personnel or providers for service delivery, support, complaint investigation, quality control, security, fraud prevention, rule enforcement, and legal compliance. NovaApp does not promise continuous monitoring of every chat and does not guarantee immediate detection of a violation. Consultation does not create a doctor-patient, lawyer-client, psychotherapist-client relationship or other professional privilege. The Consultant is obliged to comply with Dalisy’s privacy rules, however, the User must not send information, the disclosure of which may cause significant harm if it is not necessary for an entertainment request.
16.4. Removal and preservation
NovaApp may remove or restrict content that violates the rules, law or rights of others. The Service is not an archive, and NovaApp does not guarantee the perpetual storage of each message. Information on access, deletion and retention periods is provided in the Privacy Policy.
17. Privacy
The processing of personal information is governed by Dalisy’s Privacy Policy. It describes the categories of data, the purposes of processing, recipients, retention periods, security measures and how to exercise the applicable rights. The use of Apple, Google and other third-party services may also be governed by their own policies. These Terms do not grant NovaApp the right to process data in a manner prohibited by applicable law or not disclosed in the Privacy Policy. Questions and User requests concerning personal information must be submitted using the contact specified in that Policy.
18. Permitted Use and Prohibitions
You must use Dalisy in good faith, respect others, comply with the law and not interfere with the normal operation of the Service. In particular, the following actions are prohibited.
18.1. Illegal, dangerous or abusive behavior
- use the Service for crime, fraud, extortion, harassment, threats, blackmail, discrimination, hatred, violence or violation of others’ rights;
- publish or solicit illegal, defamatory, demeaning, obscene, exploitative or sexually explicit content, especially related to minors;
- Encourage suicide, self-harm, violence, illegal drugs, the manufacture of weapons or any other act that poses a serious danger;
- impersonate another person, an employee of NovaApp, a Consultant, an authority representative or a licensed specialist;
- use the Service by a person under the age of 18 or help a minor bypass an age limit.
18.2. Professional and Prohibited Requests
- request or provide a diagnosis, treatment, prescription or withdrawal of medication, crisis care, or replacement by a medical or psychotherapeutic specialist;
- request or provide legal opinion, representation, investment, tax, insurance or other regulated professional advice;
- Demand a guaranteed prediction, win, pregnancy, death, outcome of trial, return of the person, lifting the “curse” for a fee or other verifiable result;
- Use fear, threat of harm, illness, death, harassment or supernatural influence to pressure another person or induce additional payments;
- Use Dalisy instead of an emergency service, law enforcement or a competent professional.
18.3. Personal Data and Communications Outside Dalisy
- request or transmit a full card number, security code, banking password, Account password, government-issued identifier, or other access credentials;
- Disclose personal or sensitive data of a third party, including a child, without legal basis and real need;
- Publish someone else’s address, telephone, correspondence, image or other private information for the purpose of persecution or harm;
- exchange contacts, external links, wallets or payment details in order to transfer paid communication or payment outside Dalisy;
- publicly distribute private Consultation content or data concerning a Consultant or another User in violation of their rights; this does not restrict honest reviews that contain no prohibited data;
18.4. Payments, Reviews, and Program Abuse
- use someone else’s or illegally obtained payment method;
- create multiple Accounts, coordinate with others, or misrepresent information for the purpose of repeatedly obtaining free access, a bonus, compensation, or a refund;
- simultaneously claim bonus compensation and a cash refund of the same amount without notifying NovaApp;
- artificially extend or shorten time, interfere with the applicable rate or time tracking, or circumvent payment;
- buy, sell, exchange, or demand a review, rating, or compensation in exchange for changing a public rating;
18.5. Technical Violations and Intellectual Property
- gain unauthorized access to an Account, system, server, network, code, data, or restricted area of the Service;
- use a robot, scraper, automatic query, unauthorized interface or other means of mass data extraction;
- decompile, disassemble, attempt to obtain source code, circumvent protection or create a derivative service, except as expressly permitted by law;
- upload malicious code, create excessive load, test vulnerabilities without written permission or interfere with the work of other Users;
- copy, sell, license or commercially use Dalisy software, design, database, texts, trademarks or other content without the permission of the rights holder.
18.6. Consequences of Violations
NovaApp may investigate an alleged violation, request an explanation, remove content, end a Consultation, restrict purchases or features, cancel an improperly obtained bonus, temporarily suspend or terminate an Account, and, where necessary or permitted by law, preserve evidence and report it to the competent authority. A measure may be taken without prior notice if delay creates a risk to people, data, payments, or the Service.
19. Intellectual Property and Rights-Holder Complaints
The service, including software, interface, design, graphics, NovaApp texts, databases, algorithms, Dalisy name, logos and trademarks, is owned by NovaApp or its licensors and is protected by applicable law. The Terms grant only a limited license under Section 4. You may not remove copyright, trademark or other rights notices, use NovaApp designations as if there is sponsorship or endorsement, or register a similar domain name, account or mark. If you voluntarily submit an idea or proposal to improve Dalisy without a separate confidentiality agreement, NovaApp may use that feedback without any obligation to pay compensation. This does not apply to private Consultation content and does not transfer to NovaApp exclusive rights in an honest User review.
19.1. Notice of Alleged Infringement
A rights holder or its authorized representative may send a notice to legal@novaapp.digital. The notice should identify: the work or right allegedly infringed; the material and its reasonably precise location in Dalisy; the claimant’s name and contact information; a statement of good-faith belief that the use is not authorized by the rights holder, its representative, or the law; a statement, made under penalty of perjury, that the notice is accurate and that the claimant is authorized to act; and a physical or electronic signature.
19.2. Review and Counter-Notice
NovaApp may remove or restrict access to material, notify the sender, and take action against repeat infringers. If the material is deleted by mistake or as a result of incorrect identification, the sender may send a counter notification with the information provided for by applicable law. NovaApp may transfer a notice or counter-notification to another party and restore the material within the time and manner permitted by law.
20. App Stores and Other Third-Party Services
Downloading the app, signing in through a third-party account, delivering notifications, and processing a purchase may depend on Apple, Google, or another provider. The User’s relationship with that provider is also governed by its terms. NovaApp is not responsible for a provider’s decision to decline a payment, restrict an account, discontinue support for a device, modify its store, or refund a purchase, but NovaApp remains responsible for its own obligations that cannot lawfully be delegated. If the app is obtained through the Apple App Store, this agreement is between the User and NovaApp, not Apple. To the extent provided by the app-store rules, Apple is not responsible for the app’s content or support; Apple and its subsidiaries are third-party beneficiaries of the applicable license provisions and may enforce them. This provision does not reduce Apple’s obligations under its own terms or mandatory law. Comparable rules of the applicable store apply when the app is downloaded through Google Play. The Service may contain links to third-party websites, materials, or services. NovaApp does not control their content, availability, security, or terms and does not endorse them merely by providing a link. The User chooses whether to access and use them.
21. Changes to and Availability of the Service
NovaApp may add, modify, suspend or terminate features, perform maintenance, change available Consultants, and adjust future prices. When the change materially affects an already acquired value or a statutory right, NovaApp will provide appropriate notice and the applicable remedy. NovaApp is committed to maintaining the Service, but does not promise continuous, instantaneous, secure or error-free operation. Access may depend on the device, network, app store, Payment Provider, Consultant, maintenance, cyberattack, natural disaster, actions of authorities and other circumstances beyond the reasonable control of NovaApp.
22. Account Suspension, Termination, and Closure
22.1. Closure by the User
You may stop using the Service and request closure of your Account through https://dalisy.net/contact-us or at support@dalisy.net. Closure does not cancel completed purchases, lawful debts, a previously initiated dispute review, or provisions that by their nature should survive. Closing an Account does not by itself create a right to a cash refund of unused Balance. Personal information is handled in accordance with the Privacy Policy and applicable law.
22.2. Restriction by NovaApp
NovaApp may warn the User, limit a particular feature, temporarily suspend or terminate an Account if it reasonably believes that the User has violated the Terms, poses a risk to another person or the Service, uses stolen payment data, abuses refunds or bonuses, obstructs investigation, or if required by law, the Payment Provider or the App Store. If the risk does not require immediate action and the law provides for notice or an opportunity to appeal, NovaApp will provide the principal reason and a method for contacting support. NovaApp is not required to disclose information where doing so could compromise security, another person’s privacy, applicable law, or an investigation.
22.3. Consequences
Upon termination, the license to use the Service ends. NovaApp may retain records necessary for billing, fraud prevention, legal compliance, and dispute resolution. Termination does not deprive the User of mandatory rights and does not permit NovaApp to retain purchased value contrary to these Terms or applicable law.
23. Disclaimer of Warranties
To the extent permitted by applicable law, the Service is provided “as is” and “as available.” NovaApp and its licensors disclaim all express, implied, and statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quality, accuracy, and security. In particular, NovaApp does not guarantee: continuity or absence of errors; the preservation of each message; compatibility with each device; the absence of malicious third-party interference; the availability of a particular Consultant; the truthfulness of the profile or feedback; the identity, knowledge, qualifications, abilities, integrity or quality of the Consultant; the accuracy, completeness, timeliness or usefulness of the message, forecast or automated result; the achievement of an emotional, personal, family, financial or other result. No oral communication, support correspondence, profile, rating, advertisement, or other information creates a warranty not expressly stated in these Terms or mandatory law. Because some jurisdictions do not permit certain disclaimers of implied warranties, the applicable disclaimer applies only to the extent permitted, and non-waivable rights remain in effect.
24. Limitation of liability
24.1. Protected persons
For purposes of this section, “Protected Persons” includes NovaApp, its current and future affiliates, members and owners, managers, directors, officers, employees, contractors, representatives, licensors, and technology providers. Each Protected Person may invoke this section to the extent permitted by law.
24.2. Excluded damages
To the extent permitted by applicable law, the Protected Persons are not liable for indirect, incidental, special, punitive, exemplary, or consequential damages; loss of profits, revenue, opportunity, reputation, or data; the cost of substitute services; emotional distress caused by a subjective prediction; decisions or actions of the User; acts or omissions of a Consultant or third party; communications or payments outside Dalisy; or interruption, delay, error, or unauthorized access, regardless of the basis of the claim and even if the possibility of such loss was known.
24.3. Maximum aggregate liability
To the extent permitted by law, the aggregate liability of Protected Persons for all claims arising from a single event or series of related events in connection with the Service shall not exceed the lesser of the following amounts: (a) the total amount actually paid by the User for the use of Dalisy during the one month immediately preceding the event giving rise to the claim; or (b) $100.
24.4. Mandatory exceptions
The limitations do not apply to liability that cannot be excluded or limited, including liability for willful misconduct, NovaApp’s fraud, gross negligence, death or bodily injury to the extent applicable law prohibits limitation, or a mandatory cash refund. If the law does not permit a particular exclusion, liability is limited to the greatest extent that law permits. The disclaimers and limitations are an essential part of the allocation of risk on which the Service is offered on the stated terms. They apply regardless of the form of action—contract, tort, negligence, statute, or otherwise—and even if a limited remedy fails of its essential purpose, but only to the extent permitted by law.
25. Indemnification for Third-Party Claims
To the extent permitted by applicable law, you agree to defend and indemnify the Protected Persons against reasonable losses, liabilities, judgments, costs, and attorneys’ fees arising from a third-party claim based on: your unlawful User Content; your breach of these Terms or another person’s rights; fraud or an unlawful payment method; communications, meetings, or payments outside Dalisy; or use of the Service on another person’s behalf without authority. This obligation does not apply to losses caused by NovaApp’s own non-waivable liability. NovaApp will give you prompt notice of the claim, may control the defense through reasonably selected counsel, and you agree to cooperate reasonably. Without your consent, which may not be unreasonably withheld or delayed, NovaApp will not settle at your expense on terms that admit your fault or impose a non-monetary obligation on you.
26. Mandatory Informal Dispute Resolution
Before filing an arbitration demand, the parties must attempt to resolve the dispute directly. The party asserting the dispute must send a personally signed notice. A User’s notice must be sent to legal@novaapp.digital; NovaApp’s notice will be sent to the most recent Account email. The notice must include the name, contact information, Account email, transaction related to the dispute, factual and legal grounds, and the specific relief requested. After receiving a complete notice, the parties will exchange necessary information in good faith and attempt to reach a resolution for 30 days. At a reasonable request, each party will participate in an individual telephone or video conference. The parties may extend the period in writing. Any applicable limitations period is tolled during this period to the extent permitted by law. This section does not prevent an urgent request for temporary relief, an eligible filing in small claims court, or a submission to a government agency if delay would defeat the purpose of such relief or applicable law permits the submission.
27. Individual Arbitration and Waiver of Class Claims
27.1. Mutual Agreement to Arbitrate
If a dispute is not resolved under Section 26 and the User has not timely opted out of arbitration, the User and NovaApp mutually agree to submit covered disputes to final and binding individual arbitration instead of court. The agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and survives termination of the Account and these Terms. Covered claims include claims relating to these Terms, the Service, a Consultation or Consultant, a purchase, Balance, refund, privacy, message, advertisement, Account suspension, or the User’s relationship with NovaApp, regardless of the legal theory or when the claim arose, to the extent the law permits pre-dispute arbitration of the claim.
27.2. Exceptions
Either party may: bring an eligible individual claim in small claims court; submit a matter to a competent government agency; obtain temporary injunctive relief necessary to preserve the ability to enforce a right; or bring a court action concerning infringement or unlawful use of a patent, copyright, trademark, or trade secret. Arbitration does not apply to a claim that federal law expressly prohibits from being submitted to pre-dispute arbitration.
27.3. Rules and Administrator
Arbitration will be administered by JAMS under the applicable JAMS rules and Consumer Arbitration Minimum Standards in effect when the demand is filed, unless they conflict with mandatory law or this section. If JAMS is unable or unwilling to administer the dispute, the parties will select a comparable administrator; if they cannot agree, a court of competent jurisdiction will appoint the administrator.
27.4. Location, Format, and Costs
The arbitration will be conducted by one neutral arbitrator. Depending on the amount and circumstances, it may proceed on written submissions, by telephone, by video, or in person at a location reasonably accessible to the User. The location may not deprive a consumer of a practical opportunity to participate. Filing, administrative, and arbitrator fees are allocated under the JAMS consumer rules and minimum standards; the User will not be required to pay more than the amount required to file a comparable court action where applicable rules or law require NovaApp to pay the difference.
27.5. Authority of the Arbitrator
The arbitrator will apply this agreement and mandatory law and may award, on an individual basis, the same forms of monetary, declaratory, or injunctive relief that would be available to that User in court. The arbitrator will issue a written, reasoned decision. A court of competent jurisdiction may enter judgment on the arbitration award.
27.6. Waiver of Jury Trial and Class Proceedings
THE USER AND NOVAAPP WAIVE THE RIGHT TO HAVE A COVERED DISPUTE DECIDED BY A JUDGE OR JURY AND AGREE TO RESOLVE IT ONLY ON AN INDIVIDUAL BASIS. Neither a party nor the arbitrator may combine the claims of different persons or hear any class, consolidated, representative, or private attorney general claim on behalf of others, except where mandatory law prohibits this limitation. A court of competent jurisdiction will decide the validity of the class-proceeding waiver. If the waiver is held invalid as to a particular class claim, that claim will proceed in court, while enforceable individual claims will remain in arbitration unless the court orders otherwise.
27.7. Right to Opt Out of Arbitration
You may opt out of Section 27 by sending a personally signed notice to legal@novaapp.digital no later than 30 calendar days after the date on which you first accepted these Terms. Include your full name, Account email, and a clear statement that you are opting out of the Dalisy arbitration agreement. The opt-out applies only to arbitration, does not affect the remaining Terms, and does not restrict your access to the Service.
28. Governing Law and Courts for Non-Arbitrable Disputes
The Federal Arbitration Act governs Section 27. Otherwise, these Terms and the relationship between the User and NovaApp are governed by the law of the State of Wyoming, without regard to conflict-of-laws principles, while preserving any mandatory consumer rights provided by the applicable law of the User’s state of residence. If a dispute is not subject to arbitration and is not heard in small claims court, the parties consent to the personal jurisdiction of the competent state and federal courts in Wyoming, unless mandatory law gives the User a right to another court or venue. Nothing prevents a submission to a government agency where the law permits it.
29. Changes to the Terms
NovaApp may update the Terms to reflect changes in the Service, business model, risks, law, or app-store requirements. A new Effective Date will be shown at the top of the document. NovaApp will provide reasonable notice of a material change before it takes effect, for example through the app or by email. If the law requires new explicit consent, NovaApp will request it. The change does not apply retroactively to a dispute about which NovaApp actually received notice prior to the date of the change, unless the parties have agreed otherwise in writing. If you do not accept the updated Terms, you must cease further use after the effective date and may close your Account.
30. Electronic Communications and Miscellaneous Terms
30.1. Electronic Form and Notices
You agree to receive contractual, payment, service, and legal notices electronically through the app, by email, or through another contact method you provide. Electronic records and electronic consent have the same effect as paper documents and signatures to the extent permitted by law. You must keep the Account email current. Marketing messages are governed by separate settings and applicable law; opting out of marketing does not stop necessary service messages.
30.2. Assignment
You may not assign your Account, these Terms, or your contractual rights and obligations without NovaApp’s written consent. NovaApp may assign these Terms to an affiliate or successor in connection with a reorganization, financing, merger, or sale of the business or assets, provided that the User’s mandatory rights are preserved.
30.3. Relationship of the Parties and Third Parties
These Terms do not create an employment, agency, partnership, fiduciary, or joint-venture relationship between the User and NovaApp. Except for the Protected Persons and an expressly identified app store, these Terms do not grant rights to any third party.
30.4. Entire Agreement, Severability, and Waiver
These Terms and the incorporated special documents constitute the entire agreement regarding the use of Dalisy and supersede prior agreements on that subject. If a provision is held unlawful or unenforceable, it will be enforced to the maximum permitted extent consistent with its original intent, or severed, and the remaining provisions will remain in effect. Failure to exercise a right does not waive that right.
30.5. Events Beyond Reasonable Control
NovaApp is not in breach of an obligation because of delay or inability to perform caused by an event beyond its reasonable control, including a widespread communications failure, an act of an app store or Payment Provider, a cyberattack, natural disaster, epidemic, war, civil unrest, sanctions, government action, or a change in law. This provision does not eliminate an obligation to refund money or provide another remedy where that obligation is expressly required by law.
30.6. Survival
After termination, the provisions concerning payments and debts, intellectual property, the license to the extent necessary for data retention, disclaimers of warranties, limitations of liability, indemnification, dispute resolution, governing law, and any other provisions that by their nature should continue will survive.
31. Contacts
Support for Users: support@dalisy.net
Legal notices and waiver of arbitration: legal@novaapp.digital
NovaApp LLC