Terms and Conditions of use

 

1. ACCEPTANCE OF TERMS

These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Blessviva, LLC ("Company," "we," "our," or "us") governing your access to and use of the Blessviva platform, including the website at www.blessviva.com, all associated mobile applications, and any related services (collectively, the "Platform").

BY ACCESSING OR USING THE PLATFORM, CREATING AN ACCOUNT, OR COMPLETING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE PLATFORM.

To ensure your agreement is binding, we use a clickwrap mechanism: you must affirmatively indicate your acceptance by checking a box or clicking an "I Agree" button before proceeding.

 

2. ELIGIBILITY

You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that: (a) you are at least 18 years old; (b) you are not prohibited from using the Platform under the laws of the United States or any other applicable jurisdiction; (c) you will comply with these Terms at all times; and (d) all information you provide is accurate and complete.

 

3. ACCOUNT REGISTRATION

To access certain features, you must register for an account. When creating your account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at support@blessviva.com of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in conduct harmful to other users or the Platform.

 

4. COMMUNITY MEMBERSHIP AND SUBSCRIPTION

4.1 Membership Plans

Blessviva offers a community membership ("BlessCode") that provides access to community features including: online courses, prayer wall, community job board, social networking features, and discounts and cashback benefits in the Marketplace. Membership is available in the following tiers:

•          Free (Guest): Limited access; browsing only; no transactional rights.

•          Active Member (BlessCode): Monthly subscription at $2.00 USD/month or annual subscription at $20.00 USD/year. Activates full community features, BlessWallet, and eligibility for the referral/affiliate program.

Membership benefits and pricing are subject to change with thirty (30) days prior notice.

4.2 Subscription Billing and Renewal

Subscriptions are billed on a recurring basis (monthly or annually). By subscribing, you authorize us to automatically charge your payment method on each renewal date. You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

4.3 Refunds and Buyback Policy

Subscription fees are generally non-refundable except as required by applicable law. If you cancel within the first thirty (30) days of your initial subscription, we will issue a full refund. After thirty (30) days, we will refund ninety percent (90%) of the prorated unused subscription fee upon request made within twelve (12) months of the original payment date.

 

5. MARKETPLACE TERMS

5.1 Marketplace Products

The Marketplace facilitates the sale of third-party products through a dropshipping model. We act as the seller of record; however, products are shipped directly from third-party suppliers. Product availability, descriptions, and pricing are subject to change without notice.

5.2 Order Placement and Confirmation

By placing an order through the Marketplace, you make an offer to purchase the selected product(s). Your order is accepted and a binding contract is formed when we send you an order confirmation email. We reserve the right to refuse or cancel orders for any reason, including suspected fraud or pricing errors.

5.3 Pricing and Payment

All prices are stated in United States Dollars (USD). We accept payment via the methods displayed at checkout. You represent that you are authorized to use the payment method provided. We use third-party payment processors; your payment card details are not stored on our servers.

5.4 Returns and Refunds

Our return policy for Marketplace products is as follows: You may request a return or refund within thirty (30) days of delivery for items that are defective, damaged, or materially different from their description. Returns for non-defective products may be subject to a restocking fee. Please contact support@blessviva.com to initiate a return. Refunds will be issued to your original payment method within seven (7) business days of approval.

 

6. REFERRAL AND AFFILIATE PROGRAM

Blessviva operates a referral and affiliate program (the "Program") under which qualifying members may earn commissions based on purchases made by users they have referred to the Platform. Participation in the Program is subject to our separate Affiliate Agreement. Key terms of the Program include:

•          Commissions are calculated as a percentage of the net utility (margin) generated by each qualifying sale, not on the gross sale price. Specific rates are set forth in the Affiliate Agreement.

•          The Program is limited to a maximum of two (2) referral levels. Commissions are not paid on levels beyond the first two levels of referral.

•          Membership subscription (BlessCode) is not required to participate in the affiliate program; the subscription and the affiliate program are independent products.

•          The Program does not compensate participants for recruiting other members. Commissions are paid exclusively on qualifying product sales to end consumers.

•          Income claims, earnings representations, or guarantees regarding Program earnings are strictly prohibited. Affiliates must comply with the FTC Endorsement Guides (16 C.F.R. Part 255) and our Code of Ethics at all times.

 

7. PROHIBITED CONDUCT

You agree not to:

•          Use the Platform for any illegal purpose or in violation of any applicable federal, state, or local law.

•          Infringe upon the intellectual property rights of any third party.

•          Post, transmit, or distribute unlawful, defamatory, obscene, fraudulent, or harmful content.

•          Make false, misleading, or unsubstantiated income claims in connection with the referral program or the Platform.

•          Use the Platform to recruit members of religious congregations in a manner that exploits relationships of spiritual authority or trust.

•          Attempt to gain unauthorized access to any portion of the Platform, other accounts, or computer systems.

•          Interfere with or disrupt the Platform's integrity or performance.

•          Use automated tools, bots, or scrapers to access the Platform without our written permission.

•          Collect or harvest personal information from other users without their consent.

•          Impersonate any person or entity or misrepresent your affiliation with any person or entity.

 

8. USER-GENERATED CONTENT

You retain ownership of any content you submit to the Platform ("User Content"). By submitting User Content, you grant Blessviva a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating and promoting the Platform.

You represent and warrant that your User Content does not violate any third-party rights and complies with these Terms. We reserve the right to remove any User Content that, in our sole discretion, violates these Terms or applicable law.

 

9. INTELLECTUAL PROPERTY

The Platform and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, software, and the BlessCode and Blessviva trademarks — are owned by or licensed to Blessviva and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.

 

10. DMCA NOTICE AND TAKEDOWN PROCEDURE

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), we will respond expeditiously to notices of alleged copyright infringement.

If you believe that your copyrighted work has been reproduced on the Platform in a way that constitutes copyright infringement, please provide our designated DMCA Agent with the following information:

1. A physical or electronic signature of the copyright owner or authorized representative.

2. Identification of the copyrighted work claimed to have been infringed.

3. Identification of the material that is claimed to be infringing and its location on the Platform.

4. Your contact information, including address, telephone number, and email address.

5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner.

6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

11. ELECTRONIC COMMUNICATIONS

By registering for an account, you consent to receive electronic communications from us, including emails, text messages (where you have opted in), and in-Platform notifications. These communications may include transactional messages and, where you have opted in, marketing communications. You may opt out of marketing communications at any time by clicking "Unsubscribe" in any email or contacting us at privacy@blessviva.com.

 

12. THIRD-PARTY SERVICES

The Platform integrates with third-party services including Shopify, payment processors, shipping carriers, and dropshipping suppliers. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the acts or omissions of any third-party service providers.

 

13. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.

 

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLESSVIVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

 

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Blessviva and its officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorney's fees arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any income claims or representations you make in connection with the referral or affiliate program.

 

16. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. For any claim not subject to arbitration under Section 18, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in [INSERT COUNTY], Florida.

 

17. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice by posting the updated Terms on the Platform with a new effective date and, where appropriate, notifying you directly. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree to the changes, you must stop using the Platform.

 

18. BINDING ARBITRATION AND CLASS ACTION WAIVER

 

18.1 Agreement to Arbitrate

Except as provided in Section 18.4, you and Blessviva agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the Platform (collectively, "Disputes") shall be resolved by binding individual arbitration, rather than in court.

18.2 Arbitration Rules and Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (available at www.adr.org), as amended by these Terms. The arbitration shall be conducted in English. The seat of the arbitration shall be in [INSERT COUNTY], Florida, or, at your election, conducted telephonically or by written submission. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND BLESSVIVA EACH AGREE THAT NEITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. If a court or arbitrator determines that the class action waiver in this Section is unenforceable for any reason, then the arbitration agreement in Section 18.1 shall be null and void as to those claims, and those claims shall be resolved in a court of competent jurisdiction.

18.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent immediate or irreparable harm, including in connection with intellectual property rights. Claims that qualify for small claims court may be brought in small claims court in lieu of arbitration. Claims arising from sexual assault or sexual harassment are not subject to arbitration pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

18.5 Opt-Out Right

You may opt out of the arbitration agreement by sending written notice to legal@blessviva.com with the subject line "Arbitration Opt-Out" within thirty (30) calendar days of the date you first agreed to these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect the class action waiver.

 

19. MISCELLANEOUS

•          Entire Agreement: These Terms, together with the Privacy Policy, Shipping Policy, Code of Ethics, and any applicable Affiliate Agreement, constitute the entire agreement between you and Blessviva regarding the Platform.

•          Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

•          No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future.

•          Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

•          Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, acts of government, pandemics, or failures of third-party services.

 

20. CONTACT INFORMATION

Blessviva, LLC — Legal Department

Email: legal@blessviva.com