Terms and Conditions

Last updated: November 12, 2024

Please carefully review these terms and conditions before accessing or using our platform.

Key Definitions

Interpretation

The terms with capitalized letters in this document hold specific meanings, which are explained below. These terms will be consistently applied throughout the document, regardless of their singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

• Affiliated Entity refers to any entity that is either controlled by, has control over, or is under common control with another entity. "Control" is understood as owning 50% or more of the voting shares, equity interests, or other rights allowing the appointment of governing members or directors.

• Jurisdiction refers to the geographical region: Katowice, Poland.

• Company (also referred to as "We," "Us," or "Our") represents Fruitfellas: Xmas Wheel LLC, with its registered address at Wojewódzka 10, 40-026 Katowice, Poland.

• Device refers to any electronic device capable of connecting to the Service, such as computers, smartphones, or tablets.

• Service refers to the Website operated by the Company.

• Terms and Conditions (or "Terms") represents the complete agreement between you and the Company regarding your use of the Service.

• External Services refers to any third-party services or content (e.g., data, products, or materials) that are available through or displayed via the Service.

• Website refers to the Company’s online platform, which can be accessed at https://www.xmaswheel.com.

• User refers to any individual or entity using the Service, or anyone accessing the Service on behalf of an entity.

Acceptance of Terms

By accessing and using the Service, you agree to adhere to these Terms and Conditions, which establish the legal agreement between you and the Company.

Your use of the Service signifies your acceptance of these Terms. These Terms apply universally to all users of the Service.

By continuing to use the Service, you consent to follow these Terms. If you disagree with any part of these Terms, you should refrain from using the Service.

You affirm that you are at least 18 years of age. Access to the Service is prohibited for those under the age of 18.

Your use of the Service is also governed by our Privacy Policy, which explains how we collect and handle personal information and outlines your rights. Please review the Privacy Policy thoroughly before using the Service.

Links to Third-Party Websites

The Service may include links to websites or services operated by third parties that are not owned or controlled by Fruitfellas: Xmas Wheel.

Fruitfellas: Xmas Wheel is not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge that Fruitfellas: Xmas Wheel is not liable for any harm or damages resulting from your interaction with third-party content or services.

We recommend that you review the terms and privacy policies of any third-party sites you visit.

Termination of Access

We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, for any reason, including violations of these Terms.

Upon termination of your access, your rights to use the Service will cease immediately.

Limitation of Liability

Under no circumstances shall Fruitfellas: Xmas Wheel or its suppliers be held liable for damages exceeding the amount you paid to access the Service, or if no payment was made, up to a maximum of $100.

To the fullest extent permitted by law, Fruitfellas: Xmas Wheel and its suppliers will not be responsible for any indirect, incidental, or consequential damages (such as loss of profits, data, or business interruptions), even if they were aware of the potential for such damages, regardless of any failure of essential remedies.

Some jurisdictions may not allow the exclusion of certain warranties or liability for incidental or consequential damages, so some exclusions may not apply. In those cases, the limitations apply to the maximum extent allowed by law.

Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind. To the fullest extent permitted by law, Fruitfellas: Xmas Wheel, its affiliates, licensors, and suppliers disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

Specifically, Fruitfellas: Xmas Wheel and its suppliers do not guarantee (i) uninterrupted or error-free operation of the Service, (ii) the accuracy or timeliness of any content or information, or (iii) that the Service or any communications from Fruitfellas: Xmas Wheel are free of harmful elements such as viruses or malware.

Some jurisdictions do not allow certain disclaimers, so the above exclusions may not apply fully to you. However, all limitations are valid to the fullest extent permitted by law.

Governing Law

The laws of the specified jurisdiction will govern these Terms and your use of the Service, without regard to its conflict-of-law provisions. The Service may also be subject to additional regulations based on your location.

Dispute Resolution

If you have any disputes or concerns regarding the Service, you agree to first attempt an informal resolution with Fruitfellas: Xmas Wheel.

European Union Consumer Rights

If you are a resident of the EU, you are entitled to legal protections provided by the laws of your home country.

U.S. Compliance

You confirm that (i) you are not located in a country subject to U.S. sanctions or identified as a "terrorist-supporting" country, and (ii) you are not on any restricted or prohibited list maintained by the U.S. government.

Severability and Waiver Provisions

Severability

If any section of these Terms is found to be invalid or unenforceable, it will be interpreted to the extent possible in a manner that aligns with its original intent, while the remaining provisions will remain valid and enforceable.

Waiver

Failure to enforce any right under these Terms does not prevent the future exercise of that right. A waiver of a specific violation does not imply a waiver of any future violations.

Translation Accuracy

If these Terms are provided in a translated version, you acknowledge that, in case of any conflict, the original English version will take precedence.

Updates to These Terms

We reserve the right to modify or update these Terms at any time. If significant changes are made, we will notify you at least 30 days prior to their implementation. The determination of significant changes is at our discretion.

By continuing to use the Service after any changes are made, you agree to the updated Terms. If you do not agree with the changes, you must stop using the Service.

Contact Information

If you have any questions regarding these Terms, please contact us:

• By email: [email protected]

• For further assistance, visit our contact page: Contact