Terms

Last updated: November 2026

These Terms of Service (the "Terms") are a binding agreement between you and Boyuan Consulting LLC, a New York limited liability company doing business as Fusola ("Fusola," "we," "us," or "our"). They govern your use of the Fusola mobile app, the website at fusola.co, and every feature, reading, email and service we offer through them (together, the "Service").

Please read these Terms carefully. In short:
Fusola is solely for entertainment and amusement. Readings are not predictions and not professional advice of any kind (Section 3).
Fusola PLUS renews automatically until you cancel. You can cancel at any time (Section 9).
Readings are written with the help of AI and can be wrong (Section 4).
Deleting your account permanently deletes everything in it, including content you paid for (Section 17.3).
Section 21 requires most disputes to be resolved by binding individual arbitration, not in court, and waives class actions and jury trials. You can opt out within 30 days (Section 21.9).

1. Agreeing to these Terms

1.1 How you agree. You accept these Terms when you check the box or tap the button that refers to them while creating an account, making a purchase, or otherwise using the Service. If you don't agree, don't use the Service.

1.2 Other terms that apply. Our Privacy Policy explains how we handle personal information. Please read it; it is a separate notice, not part of this contract. If you buy through the Apple App Store, Apple's own terms (including its Media Services Terms) also apply to that purchase. If you pay on our website, Stripe processes the payment under its own terms.

1.3 Who is responsible for the Service. Boyuan Consulting LLC provides the Service. "Fusola" is a trade name of Boyuan Consulting LLC, not a separate company. You can reach us at the contact details in Section 26.

2. Who can use Fusola

2.1 Age. You must be at least 16 years old to create an account or use the Service, and at least 18 years old to buy anything, including a Deep Dive, a Year Book, or Fusola PLUS. If you are 16 or 17, you may use only free features; paid content shared with you through Apple Family Sharing isn't available to you either. Because you are a minor, some parts of these Terms may apply to you differently under the law where you live, and we encourage you to read them with a parent or guardian. Where the law requires app stores to confirm users' ages and get a parent's consent for minors (for example, in Texas), you must be at least 18 to use the Fusola iOS app.

2.2 Age confirmations. Some features can be used before you add your birth date. In that case you confirm, when asked, that you are 16 or older, and, before paying, that you are 18 or older. These confirmations are promises you make to us, and we rely on them. If you give us a birth date showing you are younger than 16, we won't save that birth date, your account will be disabled, and we'll delete it within 30 days. If you are under 18, purchase features are not available to you. Where an app-store age law described in Section 2.1 applies, the iOS app also asks, with your permission, for the age range Apple holds for your Apple Account; if it shows you are under 18, the app won't open for you.

2.3 Other conditions. You may use the Service only if you meet the age requirements above, you are not barred from using it under the laws that apply to you, and you are not located in a country subject to a U.S. government embargo or on a U.S. government list of prohibited or restricted parties. We may refuse or end access to anyone, for any lawful reason.

2.4 Where Fusola is offered. The Service is designed for and offered to people in the United States. If you use it from somewhere else, you do so on your own initiative and are responsible for following local law.

3. What Fusola is, and what it is not

3.1 What we offer. Fusola creates personality readings, daily suggestions, compatibility readings and related content inspired by traditional Chinese frameworks, including the Five Elements, the Four Pillars (BaZi) and the I Ching, based on birth details and other information that you provide (together, "Readings").

3.2 Solely for entertainment. The Service and all Readings are provided solely for entertainment and amusement. You may also find them a prompt for your own reflection. They express a traditional cultural framework. They are not statements of fact about you or anyone else, and they are not scientifically validated.

3.3 No predictions. Readings, including daily, monthly and yearly content, "Do / Don't" suggestions, "heads-up" notes, Year Book and Year Ahead content, and Ask the I Ching readings, do not predict or foretell future events and do not tell you what someone else thinks, feels or will do. We do not claim any power to foretell or influence events, remove bad luck, or change anyone's fate, and we don't sell remedies of any kind.

3.4 Not professional advice. Readings are not medical, mental-health, psychological, therapeutic, legal, financial, investment, tax, career, employment, relationship, parenting, or other professional advice. Don't use the Service to diagnose or treat any condition, or as a substitute for advice from a qualified professional. Never delay or disregard professional advice because of something you read in Fusola.

3.5 Your decisions are yours. You alone are responsible for the choices you make, including decisions about your health, safety, money, work, education, relationships and family, whether or not they are influenced by a Reading.

3.6 If you're struggling. Fusola is not a crisis or support service. If you are thinking about harming yourself or someone else, or are in danger, contact local emergency services right away. In the U.S., you can call or text 988 (Suicide & Crisis Lifeline) or call 911.

4. Readings generated with AI

4.1 How Readings are made. Readings are produced by software we wrote, from fixed rules and templates. Some of them (currently Deep Dive chapters, Year Books, Duets and Ask the I Ching readings) are written in part by artificial intelligence models from third-party providers, guided by our instructions and by features of the relevant chart and, for Ask the I Ching, by the question and background you type. We may use AI for other Readings in the future, including your free reading. We ask for your permission before your information is first sent to an AI provider. Readings are not individually reviewed by a person before you see them.

4.2 Limits of AI content. AI-generated content can be inaccurate, incomplete, repetitive, inconsistent with other Readings, or different from what we intended. Similar or identical text may be generated for other people. You should not rely on AI-generated content as factual.

4.3 What you type. Don't enter anything into the Service that you don't want processed by our AI providers, including health information, financial account details, or confidential information about yourself or others. See our Privacy Policy for what we send to AI providers.

4.4 Reporting a problem. If a Reading contains something harmful, offensive or plainly wrong, tell us at the address in Section 26. We may, but are not required to, review, correct, regenerate or remove it.

5. Your account

5.1 Signing in. You sign in with a one-time code sent to your email address. You are responsible for keeping your email account secure and for everything that happens under your Fusola account. Tell us right away at the address in Section 26 if you think someone else has accessed it.

5.2 One person, accurate details. An account is for one individual and may not be shared, sold or transferred. Give us accurate information, especially your birth details, because Readings are based on what you enter.

5.3 Locked birth details. When you confirm your birth details to generate a Deep Dive or a Year Book, those details are locked for that content and can't be changed afterwards. If birth details you confirmed later turn out to be wrong, the paid content isn't regenerated, and isn't refunded except under Section 10.2.

5.4 Language. Paid content is generated once, in the language selected when you bought or generated it (currently English, Chinese or Spanish). Changing the app's language later does not rewrite content that already exists.

6. Circle: adding other people

6.1 What Circle does. Circle lets you add other people (each an "Added Person") by inviting them or by entering their name or nickname, relationship to you and birth details, and lets you create compatibility Readings ("Duets") about you and an Added Person. Fusola is for entertainment only (Section 3.2). It is not a dating, social-networking, matchmaking or background-check service.

6.2 Your promises about Added People. Each time you add someone by hand, you promise that:

(a) you know the person and have a genuine personal reason to create a Reading with them;
(b) you obtained their details lawfully and are allowed to share them with us for this purpose;
(c) you will use Readings about them only for your own personal, non-commercial reflection; and
(d) you will not use Circle to stalk, track, monitor, pressure, embarrass, harass, intimidate or discriminate against anyone.

We strongly encourage you to invite people rather than add them by hand.

6.3 Prohibited uses of Circle. Don't use Fusola, including Circle and Duets, to decide or influence whether to hire, fire, promote, discipline, pay, rent to, lend to, insure, admit, or provide any service to any person, or for any other decision about a person's eligibility for anything. Readings are not consumer reports and must not be used as consumer reports.

6.4 Minors in Circle. Every Added Person must be 18 or older, with one exception: a parent or legal guardian who is 18 or older may add their own child aged 13 to 17. When you do, you confirm that you are that child's parent or legal guardian. Never add a child under 13. Readings about a child are for the parent or guardian only and can't be sent to anyone. Don't add someone else's child.

6.5 How Duets work. A Duet is generated once, from the details as they stand when you create it, and can't be edited or regenerated afterwards. If an Added Person disconnects from you or deletes their own account, Duets you already created stay in your account. In the same way, a Duet you sent to someone stays in their account, so they can keep reading it, even after you delete yours. Removing an Added Person deletes your Duets with them. You can also archive or block an Added Person.

6.6 Sending Readings. If you send a Duet or other Reading to someone, you're responsible for that choice. Some Readings may be personal or sensitive for the other person. Don't send a Reading in a way meant to embarrass or hurt anyone.

6.7 Requests from Added People. If someone tells us that they were added without their agreement and asks us to delete their information, we will delete that information and any Duets made from it from your account, without a refund of any credit used.

6.8 Scanning a code in person. When you scan a code another user shows you in Fusola and finish signing up, you both agree to connect in Circle. Either of you can remove the connection at any time from the other person's page in Circle.

6.9 The "You two" card. When you send a "You two" card, the other person sees your name, the relationship you picked, your result and one line about the two of you. No birth date, time or place is ever shown. You can hide names and elements on images you share.

7. Boop and sharing

7.1 Boop. Boop suggests a small kind act each day that you can pass on to people in your Circle or by sharing a link. Suggested acts are optional. Use your own judgment: only do what is safe, legal, appropriate and welcome in your situation, and respect other people's boundaries.

7.2 Links and share cards. Anyone who has a Boop link, "You two" link, QR code or share card you send can see what it shows, which may include your first name and the element you sent. For a limited time (currently 7 days), anyone who has a Boop link can open it. We can't control where a link or image goes after you share it.

7.3 Shaking a Boop from a link without signing in. If you shake a Boop from a link without signing in, we store a record of the visit on your device for that day (a random visit ID and the Boop you shook) and record the visit on our servers, so we can carry the Boop over if you sign up and count how links are used. Visits that never become an account aren't linked to anyone.

8. Purchases

8.1 What you can buy. You can buy one-time digital content (such as a Deep Dive or a Year Book) and the Fusola PLUS subscription. Each product's contents and price are shown before you pay. Some products are offered only at certain times; for example, a Year Book may be sold only for part of the year it covers, at prices that change during that window.

8.2 Where you pay. Purchases in the iOS app are processed by Apple through in-app purchase and are subject to Apple's terms. Purchases on our website are processed by Stripe. Prices are in U.S. dollars unless shown otherwise. Applicable taxes are calculated and shown, or included, at checkout according to where you buy.

8.3 Digital content, delivered right away. Paid content is digital content that we start generating as soon as your payment is confirmed (or, where you must first confirm your birth details, as soon as you do). By buying, you ask us to begin providing the content immediately, and, where the law allows, you agree that any statutory right to withdraw from the purchase ends once generation begins. This does not affect your rights under Section 10.

8.4 What "owning" paid content means. You receive a personal, non-transferable license to access paid content in the Service for as long as your account exists and we operate the Service. Paid content is not sold to you as a copy and has no cash value. If you delete your account, your paid content is deleted with it (Section 17.3). We don't currently offer a download or export feature, so take screenshots for your personal records if you wish.

8.5 Credits. Some products include credits or allowances, such as Duet credits or Ask the I Ching questions. Credits have no cash value, can't be sold, transferred or exchanged for money, and are used only within the Service. Unless we say otherwise when you buy: credits included with a Deep Dive become usable once that Deep Dive has been generated, and credits included with Fusola PLUS are granted for each month of PLUS (including each month of an annual plan), don't carry over to the next month, and expire at the end of that month or when your subscription ends. We may also grant promotional credits or features, which may have their own conditions.

8.6 Delivery problems. If paid content can't be generated, we'll keep trying and tell you. If we still can't deliver it within a reasonable time, we'll refund the purchase (for App Store purchases, by helping you request a refund from Apple).

8.7 Errors. If a price or product description is shown in error, we may correct it and, if the order has not been fulfilled, cancel it and refund any payment.

9. Fusola PLUS (automatically renewing subscription)

9.1 Plans. Fusola PLUS is offered as a monthly plan and an annual plan. The price, billing frequency, and what's included are shown before you subscribe. As of the date above:

Monthly: $7.99 per month.
Annual: $69.99 per year. Each year of the annual plan includes 12 months of PLUS and every Year Book edition we release while that year is active. Your first paid year also includes one Deep Dive (or, if you already own one, two extra Duet credits that don't expire). Renewal years don't include another Deep Dive.

The features included in PLUS are listed in the app and at checkout and may include Duet credits, Ask the I Ching questions, monthly readings, and your Five-Element name and seal.

9.2 Automatic renewal. Your subscription renews automatically at the end of each billing period, for the same length of period, and you authorize us (or Apple) to charge the price shown when you subscribed (unless it changes under Section 9.5), plus any applicable tax, to your payment method at the start of each new period, until you cancel. We don't offer a free trial at this time. If we offer one in the future, its length, the price charged after it ends, and how to cancel before you are charged will be shown before you start it.

9.3 How to cancel. You can cancel at any time:

Subscribed in the iOS app: in your Apple ID's subscription settings (iPhone Settings → [your name] → Subscriptions). Apple manages these subscriptions, and we can't cancel them for you. Deleting the Fusola app or your Fusola account does not cancel an App Store subscription.
Subscribed on our website: online, in Settings → Fusola PLUS → Manage subscription on fusola.co (no phone call or email needed), or by emailing us at the address in Section 26 from your account email.

For App Store subscriptions, Apple requires cancellation at least 24 hours before the current period ends to avoid the next charge. After you cancel, PLUS stays active until the end of the period you've already paid for and then doesn't renew. We'll confirm your cancellation by email.

9.4 No partial refunds. Except as described in Section 10 or required by law, payments are non-refundable, and we don't give refunds or credits for partially used periods, unused credits, or features you didn't use.

9.5 Price and term changes. We may change the price or other material terms of PLUS. If we do:

We'll email you between 7 and 30 days before the change takes effect, and a price change applies only from a billing period that starts after that notice.
For a price increase on a website subscription, either we'll ask for your agreement first, or, if you're charged the new price and cancel within 14 days of that charge, we'll refund the unused part of that period.
For an App Store subscription, Apple's price-change process applies, and Apple may ask for your agreement before charging the new price.
You can always cancel before the change takes effect.

9.6 Reminders. For annual plans, we'll email you a reminder 15 to 45 days before your subscription renews, with the renewal date, the price, and how to cancel. For all plans, we'll remind you at least once a year of what you're paying for and how to cancel.

9.7 Your records. After you subscribe, we'll send you an email confirming the plan, the price, how often you'll be charged, that it renews automatically, and how to cancel.

9.8 Payment problems. If a renewal payment fails, we (or Apple) may retry the charge and may suspend PLUS features until payment succeeds. You remain responsible for amounts owed.

9.9 Changes to PLUS features. We may add, change or remove PLUS features from time to time. If we remove a core PLUS feature in a way that significantly reduces its value, you can cancel and ask us for a prorated refund of the unused part of the current period of a website subscription (for App Store subscriptions, we'll support your refund request to Apple).

10. Refunds

10.1 App Store purchases. Apple handles payments and refunds for purchases made in the iOS app. We can't issue refunds for those purchases ourselves. You can request a refund from Apple at reportaproblem.apple.com.

10.2 Website purchases. If you're not happy with a Deep Dive or Year Book bought on our website, email us from your account email within 14 days of purchase and we will refund you in full. For an annual PLUS plan bought on our website, the same applies within 14 days of the first purchase. For monthly subscriptions and renewals, see Sections 9.4, 9.5 and 9.9.

10.3 What happens after a refund or chargeback. When a payment is refunded, reversed or charged back, the content, credits and features it paid for are removed or locked again. Content you already created with those credits (such as a Duet) may stay in your account. If you file a chargeback for a purchase you received, we may suspend your account while it's resolved.

10.4 Your legal rights. Nothing in these Terms limits any refund right that the law of your place of residence gives you and that can't be waived by contract.

11. Your Five-Element name and seal

11.1 Personal and decorative only. PLUS members can choose a Five-Element name and receive a digital seal design. They're for personal, decorative use, such as signing digital art, a journal, or informal personal notes.

11.2 No legal effect. The name and seal have no legal standing. Don't use them on contracts, checks, financial documents, government or official filings, or anywhere your legal identity or signature has to be verified. They are not a legal name change, a registered seal, or an electronic signature.

11.3 Not unique, not a trademark. Names are generated from a fixed library, and other people may receive the same or a similar name. You may not register or claim the name or seal design as a trademark, or use them commercially. The seal design remains our property; we grant you a personal, non-exclusive license to display it as described in Section 11.4.

11.4 Display. While PLUS is active, your chosen name and seal can be used as your identity in the Service, and the seal can be used outside the Service for the personal purposes in Section 11.1. After PLUS ends, you can still see the name you chose. Your chosen name doesn't change if you later change your birth details.

12. Acceptable use

You agree not to:

(a) use the Service for anything illegal, harmful, fraudulent, or in violation of anyone's rights;
(b) enter information about another person in breach of Section 6, or impersonate anyone;
(c) harass, threaten, stalk, bully, or discriminate against anyone, or use the Service to send spam or unwanted messages;
(d) upload or type content that is unlawful, hateful, sexually explicit, violent, or that sexualizes minors;
(e) access the Service by automated means (bots, scrapers, crawlers), or use it in bulk, except through the interfaces we provide;
(f) copy, collect, or reuse Readings or other content to build a competing product, dataset, or AI model, or to train or improve any AI model;
(g) reverse engineer, decompile, or try to extract the source code, prompts, rules or templates of the Service, except where the law expressly allows it;
(h) get around, disable or interfere with payment, age, security, rate-limit or access features, or exploit bugs to obtain credits or paid features;
(i) resell, sublicense, or commercially exploit the Service or any Reading, including offering paid readings to others based on Fusola content;
(j) create multiple accounts to obtain promotions, rewards or credits; or
(k) interfere with or disrupt the Service, its servers or networks, or other users' use of it.

We may investigate and take action on any breach, including removing content, cancelling credits obtained improperly, and suspending or closing accounts.

13. Your content and feedback

13.1 Your content. "Your Content" means what you submit to the Service, such as names and nicknames, birth details, questions, background and notes you type, and page reactions. You keep any rights you have in Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, translate, and display Your Content only as needed to operate, provide and secure the Service and (except for users we know are under 18) to improve it, as described in our Privacy Policy. This license ends when Your Content is deleted from our systems, except where we must keep it by law.

13.2 Your responsibility. You are responsible for Your Content and confirm that you have the rights needed to submit it.

13.3 Feedback. If you send us ideas, suggestions or feedback, we may use them freely, without any obligation or payment to you.

14. Our intellectual property

14.1 Ours. The Service, including its software, design, text, Readings, templates, rules, archetypes, element and seal artwork, sounds, the name "Fusola" and our logos, belongs to us or our licensors and is protected by intellectual property laws. Except for the rights given to you in these Terms, we keep all rights.

14.2 Your license to use the Service. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service and to view Readings provided to you, for your personal, non-commercial use.

14.3 Sharing your Readings. You may keep and share your own Readings, and share cards made in the app, for personal, non-commercial purposes, for example with friends or on your personal social media, as long as you don't remove the Fusola branding or present them as your own work.

14.4 Copyright complaints. If you believe content in the Service infringes your copyright, send a notice to the address in Section 26 with the information required by 17 U.S.C. § 512(c)(3).

15. Third-party services

The Service relies on third parties, such as Apple, Stripe and our hosting, email and AI providers, and may link to third-party sites. We aren't responsible for third-party services, their content, or their availability, and your use of them is governed by their own terms.

16. Changes to the Service

16.1 Changes we may make. We may add, change, suspend or discontinue any part of the Service, including features, Readings, templates and content, at any time. Some features may be labeled as beta or experimental and may be less reliable.

16.2 If we shut down. If we decide to discontinue the Service as a whole, we will try to give you at least 30 days' notice. For website subscriptions, we'll refund the unused part of any prepaid period. Where reasonable, we'll give you a way to save a copy of your paid Readings before the Service ends.

17. Suspension, termination and account deletion

17.1 By you. You can stop using the Service at any time and delete your account in Settings.

17.2 By us. We may suspend or close your account, or limit your access, if we reasonably believe you have breached these Terms, created risk or legal exposure for us or others, or if required by law. Where appropriate, we'll tell you why. If we close your account without cause, we'll refund the unused part of any prepaid website subscription period.

17.3 What deletion means. Deleting your account is permanent. It erases your Readings, your Circle and Duets (a Duet you already sent to someone stays with them, Section 6.5), any paid content (including Deep Dives and Year Books), unused credits, and your Five-Element name and seal, and they can't be restored. Deleting your account ends any website PLUS subscription without a refund for the current period, including the rest of an annual plan. An App Store subscription must be cancelled separately in your Apple settings (Section 9.3). Information we must keep by law (for example, payment records) is retained as described in our Privacy Policy.

17.4 What survives. Sections 3, 4, 6.2, 6.3, 8.4, 8.5, 10.3, 11.2, 12 through 14, and 17 through 26, and any other terms that by their nature should survive, continue after your account ends.

18. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL READINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT ANY READING IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PURPOSE, THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

Section 25.8 explains how this Section applies to residents of certain states.

19. Limitation of liability

19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, OR FOR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE SERVICE, ANY READING, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

19.3 Exceptions. These limitations apply to any theory of liability, but they do not limit liability that can't be limited by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence, or your rights under consumer-protection laws that can't be waived. New Jersey residents: see Section 25.8.

20. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Boyuan Consulting LLC and its members, managers, employees and contractors from any third-party claims, losses, liabilities and reasonable costs (including attorneys' fees) arising from (a) your breach of these Terms, (b) Your Content, including information you enter about an Added Person, or (c) your misuse of the Service or any Reading. We'll tell you about any such claim and may participate in the defense with counsel of our choice.

21. Dispute resolution: arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.

21.1 Try to resolve it with us first. Before starting arbitration or a small-claims case, you and we each agree to send the other a written notice describing the dispute and the relief sought ("Notice of Dispute"). Send yours to the address in Section 26, including your name, your account email, and a description of the claim and the relief you want; we'll send ours to your account email. You and we agree to try in good faith to resolve the dispute informally for 60 days after the notice is received, including, if either side asks, by an individual phone or video call in which you personally take part (with your lawyer, if you have one). The time limits for bringing a claim are paused during this period. An arbitration provider may not accept or administer a demand unless this requirement has been met, and a court may enforce it.

21.2 Agreement to arbitrate. If the dispute isn't resolved within that period, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, any Reading, any purchase, or our relationship (each a "Dispute") will be resolved by binding individual arbitration, and not in court, except as stated in Section 21.3. This includes Disputes about the scope, validity, enforceability or arbitrability of this Section, which will be decided by the arbitrator, except as stated in Sections 21.6 and 21.7. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

21.3 Exceptions. Either of us may (a) bring an individual claim in a small-claims court that has jurisdiction, as long as it stays in that court and is pursued only on an individual basis; and (b) seek an injunction or other equitable relief in court for infringement or misuse of intellectual property, or for unauthorized access to or interference with the Service.

21.4 The arbitration. The arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Supplemental Rules for Mass Arbitration Filings, in effect when the demand is filed (the "Rules"), as modified by this Section. NAM's rules and fee schedules are available at namadr.com. If that provider is unavailable, the parties will agree on another, or a court will appoint one. The arbitration will be conducted by a single arbitrator, in English, and, unless the arbitrator decides an in-person hearing is necessary, by video, phone or written submissions. Any in-person hearing will take place in the county where you live or another place we agree on. The arbitrator may award any individual relief a court could award, but only to the individual claimant and only to the extent needed for that claimant's individual claim. The arbitrator's decision is final and may be entered in any court with jurisdiction.

21.5 Fees. Payment of filing, administration and arbitrator fees will be governed by the Rules, which limit the consumer's share. If you show that the fees would be prohibitively expensive compared with litigation, we'll pay as much of them as the arbitrator finds necessary to prevent that. Each party pays its own attorneys' fees and costs, unless the law or the Rules provide otherwise.

21.6 Class action and jury waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding, except as provided in Section 21.7. If a court decides that this waiver can't be enforced as to a particular claim or remedy, that claim or remedy (and only that one) will be severed and decided in court after the individual arbitration ends, and the remaining claims will be arbitrated.

21.7 Mass filings. If 25 or more similar demands for arbitration are filed by or against us, by or with the help of the same or coordinated counsel or entities, within 90 days ("Mass Filing"), then, in addition to the Rules: (a) the demands will be administered in batches of up to 50, with one arbitrator per batch, and each claimant's claim will still be decided individually on its own facts; (b) fees for each batch will be due only when that batch is processed; (c) after the first batch is decided, the parties will in good faith try to resolve the remaining claims through a single global mediation, with Fusola paying the mediator's fees, and the mediation may pause the remaining batches for no more than 60 days; (d) statutes of limitations and filing deadlines are paused for every demand that is waiting its turn, from the date it was filed; and (e) no decision in one claimant's arbitration binds any other claimant. These rules apply equally to both sides and control if they conflict with the Rules. If the arbitration provider decides that a Mass Filing exists and a claimant's demand has not been assigned to an arbitrator within 180 days after it was filed, that claimant may instead pursue the claim individually in court under Section 22. A court may enforce this Section 21.7.

21.8 Time limit. Any Dispute that is not based on a statute must be started within one year after it accrues, or it is permanently barred. Claims based on a statute are subject to the time limit set by that statute.

21.9 Your right to opt out. You may opt out of this agreement to arbitrate within 30 days after you first accept this version of these Terms, by emailing us from your account email at the address in Section 26 (subject line "Arbitration Opt-Out" or "Legal Notice"), or by mail to the address in Section 26. Include your name, your account email and a clear statement that you opt out. If you opt out, Sections 21.1 through 21.8 and 21.10 don't apply to you, and Disputes will be resolved in court under Section 22; the rest of these Terms still applies. If you opted out of a previous version, your opt-out still applies.

21.10 Earlier claims. This Section 21 does not apply to any claim that arose before you first accepted a version of these Terms that contained it.

21.11 Changes to this Section. If we make a material change to this Section 21, it won't apply to any Dispute of which we had written notice before the change took effect, and you may reject the change by emailing us within 30 days of the change taking effect; if you do, the most recent version of Section 21 you accepted continues to apply.

21.12 Severability. If any part of this Section 21 is found unenforceable, the rest of it stays in effect, except as stated in Section 21.6. If this Section 21 is entirely unenforceable, or if you opted out, Disputes will be resolved exclusively in the courts described in Section 22.

22. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law, including the Federal Arbitration Act. For any Dispute not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York, or the United States District Court for the Eastern District of New York, except that you may bring a small-claims action in the county where you live. This does not take away any mandatory protection given to you by the consumer laws of the place where you live.

23. Apple App Store terms

If you downloaded the app from the Apple App Store, the following also applies:

(a) These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
(b) Your license to use the app is limited to using it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms, except that it may also be accessed by other accounts associated with you through Family Sharing, where available.
(c) We are solely responsible for providing maintenance and support for the app, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the app.
(d) If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent not disclaimed in these Terms.
(e) We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar laws.
(f) If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
(g) You confirm that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
(h) Questions, complaints or claims about the app should be directed to us at the contact details in Section 26.
(i) You must comply with applicable third-party terms (for example, your wireless data service agreement) when using the app.
(j) Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

24. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we'll notify you in advance by email or in the app, and we'll update the "Last updated" date. Unless the notice says otherwise, changes take effect 30 days after notice (or immediately for changes that are required by law or that address new features). For material changes, we'll ask you to accept the updated Terms in the app or on the website before you continue. For other changes, continuing to use the Service after they take effect means you accept them. If you don't agree, stop using the Service and, if you have a subscription, cancel it before the change takes effect. Changes won't apply retroactively, and Section 21.11 governs changes to the arbitration agreement.

25. General

25.1 Entire agreement. These Terms and any terms shown at the point of purchase are the entire agreement between you and us about the Service and replace any earlier agreements.

25.2 Assignment. You may not assign or transfer these Terms. We may assign them, including in connection with a merger, acquisition, reorganization or sale of assets, or to an entity that takes over the operation of Fusola.

25.3 Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver of it.

25.4 Force majeure. We aren't liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, internet failures, natural disasters, war, labor disputes, or government action.

25.5 Electronic communications. You agree to receive notices, agreements and other communications from us electronically, by email to your account address or in the Service, and agree that they satisfy any legal requirement that they be in writing. Notices to you are effective when sent.

25.6 Language. These Terms may be provided in English, Chinese and Spanish. If the versions conflict, the English version controls, to the extent permitted by law.

25.7 No third-party beneficiaries. Except as stated in Section 23(j), these Terms don't give rights to anyone other than you and us.

25.8 State notices. New Jersey residents: Sections 18, 19.1, 19.2, 20 and 21.8 do not apply to you to the extent they would limit our liability for negligence, personal injury or property damage, require you to pay our attorneys' fees, or shorten a limitation period set by statute. Residents of other states whose laws don't allow some of the exclusions in Sections 18 to 20 are protected by those laws to the extent they apply. California residents: under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

25.9 Relationship. You and we are independent parties; these Terms don't create any partnership, agency or employment relationship.

26. Contact us

Boyuan Consulting LLC, d/b/a Fusola · 248-25 Northern Blvd, Ste 1-J #1236, Little Neck, NY 11362 · Phone: (516) 360-0826 · Email: hello@fusola.co

Legal notices, Notices of Dispute (Section 21.1) and arbitration opt-outs (Section 21.9) may be sent by email to this address with the subject line "Legal Notice," or by mail to the address above.