CHARISMA CHECK TERMS AND CONDITIONS OF USE, DISPUTE RESOLUTION AGREEMENT

Table of contents:

1. Introduction and Key Details Regarding the Fair Credit Reporting Act and Corresponding Responsibilities
2. Legal Age Requirement, Scope of these Terms, License Grant, and Electronic Signature:
3. Arbitration Agreement, Class Action Waiver, and Governing Law
4. Responsible Use of the Platform and Compliance with CHARISMA CHECK Guidelines — Your Responsibilities
5. Subscription Terms and Conditions
6. Proprietary Rights
7. Our Reserved Rights
8. License Grant and Feedback Appreciation
9. User Contributions, Social Media Interaction, and Use at Your Own Risk
10. Disclaimer
11. Indemnification Commitment
12. Liability Limitations All at Your
13. Own Risk: Links to Other Websites, Advertisers, and Third-Party Products/Services
14. Handling of Chargebacks and Reversals
15. Relief of Equitable Nature
16. Force Majeure Provisions
17. Provision Severability
18. Waiver Provisions
19. Misconduct
20. Your Relationship with CHARISMA CHECK
21. Cancellation Policy
22. Refund Policy
23. Billing Errors, and Discounts
24. Notification
25. Removing Your Information
26. Modifications to these Terms
27. How to Contact Us

1. Introduction and Key Details Regarding the Fair Credit Reporting Act and Corresponding Responsibilities

This agreement, which encompasses the following Terms and Conditions along with our Privacy Policy, serves as the legally binding framework governing the relationship between you ("You" or "Your") and CHARISMA CHECK, LLC ("CHARISMA CHECK," "We," "Our," or "Us").PLEASE BE ADVISED, WE DO NOT OFFER PRIVATE INVESTIGATOR SERVICES AND DO NOT QUALIFY AS A CONSUMER REPORTING AGENCY UNDER THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1681 ET SEQ. ("FCRA"). CONSEQUENTLY, THE ADDITIONAL PROTECTIONS EXTENDED TO CONSUMERS AND THE OBLIGATIONS PLACED ON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR INCLUDED WITHIN, THESE TERMS.WE HIGHLY RECOMMEND THAT YOU THOROUGHLY EXAMINE THESE TERMS AND CONDITIONS BEFORE ACCESSING ANY CONTENT OR ACQUIRING A MEMBERSHIP PLAN ON OR THROUGH THE PLATFORM. IF YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS, KINDLY REFRAIN FROM USING, PROVIDING ANY INFORMATION TO, OR PURCHASING ANY ITEMS ON THE PLATFORM.CHARISMA CHECK operates as a platform utilizing a database sourced from publicly available information aggregated for user convenience. This Content is compiled, distributed, and displayed by CHARISMA CHECK and third-party content providers (referred to as "Third-Party Providers"), which may include external websites or services offering information about the users (referred to as "Search Subjects").

You are prohibited from utilizing any Content to take any "adverse action," as defined in FCRA. Employing information about a Search Subject obtained from us in any of these ways violates both these Terms and legal regulations, potentially resulting in criminal penalties. We treat this matter seriously and retain the right to revoke user access, terminate accounts, and report offenders to law enforcement, as appropriate.

While this platform strives to provide valuable information, it is crucial to acknowledge and fully understand that the data presented may contain inaccuracies. Users are advised to exercise their judgment and cross-reference information for verification. We emphasize that there are no guarantees regarding the accuracy or completeness of the details shared. Additionally, a person's background does not ensure specific actions or outcomes, as individual choices and circumstances play a significant role in determining results. Users should approach the information provided with a critical mindset and consider multiple sources for a well-rounded understanding.
CHARISMA CHECK USER HAS FULL CONTROL ON WHO THEY SHARE THEIR INFORMATION WITH THROUGH A CONSENTED PROCESS. Moreover, we want to emphasize that we bear no legal liability for any adverse outcomes that may result from the use of any of the information obtained on this platform.

By using or making any purchase on the platform, you explicitly indicate your complete acceptance of the terms and conditions outlined below or elsewhere herein.Therefore, you acknowledge and agree that you shall refrain from conducting any CHARISMA CHECK activities or obtaining and utilizing any Content or other information derived from or through the Platform concerning a Search Subject or any individual for purposes prohibited under the Fair Credit Reporting Act (FCRA). AS WE ARE NOT CLASSIFIED AS A CONSUMER REPORTING AGENCY, YOU ARE EXPRESSLY PROHIBITED, UNDER FCRA, FROM UTILIZING ANY INFORMATION OBTAINED FROM THE PLATFORM ABOUT A SEARCH SUBJECT, INCLUDING DATA OBTAINED THROUGH CHARISMA CHECK, AS A DETERMINANT IN ASSESSING THE SEARCH SUBJECT'S ELIGIBILITY FOR:

  • Business Transactions initiated by an individual consumer, including but not limited to determining whether a user continues to meet the terms of a personal customer account.
  • Personal Credit, Loans, or Insurance, including but not limited to evaluating the risk associated with providing credit, a loan, or insurance based on a user's existing debt obligations.
  • Employment, encompassing but not limited to the evaluation of a user for initial employment, reassignment, promotion, or retention (including household workers such as babysitters, cleaning personnel, nannies, contractors).
  • Tenancy, involving but not limited to the decision to lease residential or commercial space to a user.
  • Educational Admission or Benefits, including but not limited to the assessment of a user's qualifications for an educational program or scholarship.

If you are uncertain about whether your intended use of information acquired from CHARISMA CHECK aligns with these restrictions, please reach out to us at CHARISMA CHECK before initiating any CHARISMA CHECK activities or obtaining information about a User from CHARISMA CHECK.

Kindly be aware that these terms include, among other provisions, an agreement to arbitration and a waiver of class action rights, relinquishing the option for a court hearing, jury trial, or participation in class action litigation. Arbitration is obligatory and serves as the sole recourse for resolving any disputes unless otherwise indicated. Please thoroughly examine the dispute resolution section provided below.

2. Legal Age Requirement, Scope of these Terms, License Grant and Electronic Signature:

The Platform and its services are exclusively available to individuals who are at least eighteen (18) years old and can enter into legally binding contracts under applicable law. The CHARISMA CHECK Privacy Policy ("Privacy Policy") is an integral part of these Terms and is incorporated herein by reference. By accepting these Terms, you acknowledge, understand, and agree to the collection and use of certain personally identifiable information by the Platform as outlined in the Privacy Policy.

If you are under eighteen (18) years old or do not agree to these Terms in their entirety, refrain from accessing, viewing, downloading, or using any page on the Platform other than the home page located at CHARISMA CHECK and do not sign up to become a user or subscriber. Requests to remove your information from CHARISMA CHECK results will be governed by the procedures described in the Privacy Policy.

The Platform and its associated services encompass various aspects, including your use and access to the content provided or made available, your purchase of membership plans or other services from the Platform, and your engagement in any CHARISMA CHECK activities associated with these services. These Terms apply to you under specific circumstances: (a) when you access, view, download, or use any page on the Platform (other than the home page); and/or (b) when you sign up to become a CHARISMA CHECK user and/or subscriber, granting you access to various services offered to users/subscribers through the Platform.

CHARISMA CHECK provides you with a non-exclusive, non-transferable, revocable, and limited license for individual, personal (non-professional) use. This license allows you access to the Platform, related content, and CHARISMA CHECK activities (and, if you are a subscriber, certain other services) under the condition that you accept and agree to all the terms outlined herein. It's important to note that CHARISMA CHECK retains the right to terminate this license at any time for any reason.

By using the Platform, you explicitly accept and agree to comply with all the terms contained in this agreement. Additionally, by accepting these terms through the completion of a purchase, selection of a method of payment, and entry of payment method information, you authorize us to charge the selected payment method and its associated payment account specified for the purchase of our membership plans or other services. If you do not agree with the entirety of these terms, you are not granted permission to access or use this platform, its content, and are advised to exit the platform immediately.We retain the authority, at our sole discretion and without prior notice, to block your access to the Platform or any part of it and to revoke your rights under these Terms at any time. Your rights under these Terms will cease automatically if you violate any of these Terms, except for the survival rights of specific provisions outlined herein. Termination will take effect without prior notice. Upon termination, you are required to promptly eliminate all copies of any part of the Platform in your possession, custody, or control.

3. Arbitration Agreement, Class Action Waiver, and Governing Law

BY UTILIZING THE PLATFORM, YOU AGREE TO MANDATORY ARBITRATION, DISPUTE RESOLUTION, AND GOVERNING LAW. When you use the platform, you explicitly acknowledge and embrace our mandatory arbitration provision to resolve disputes. This provision mandates individual arbitration, foregoing jury trials or class actions, and limits remedies available in case of a dispute. Your acceptance of this provision covers all claims, disputes, or controversies related to the platform, its products, content, CHARISMA CHECK activities, related services and materials, transactions, relationships, and your information. These claims, whether tort or contract-based, federal, state, or local, including arbitrability issues, shall be resolved through final and binding arbitration, with claims brought solely in your individual capacity. You also agree that the arbitrator, not a court, decides the arbitrability of a matter, and claims of more than one person cannot be consolidated. Additionally, you waive the right to a jury trial.

AGREEMENT TO ARBITRATION: WAIVER OF LEGAL ACTION AND JURY TRIAL

By accepting this arbitration agreement, you acknowledge the waiver of legal action in court and the right to a jury trial. Arbitration, handled by impartial arbitrators, provides a less formal resolution than a court trial, granting authority to the arbitrator for relief. In addition to the arbitration agreement, you explicitly renounce any right to initiate or participate in any class action related to these Terms. This waiver is integral to the arbitration of disputes and inseparable from the agreement to arbitrate claims.

CONSENT TO ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

By consenting to this arbitration agreement, including the waiver of class action litigation, you recognize the limitation to asserting claims against us on an individual basis. You cannot bring claims as a plaintiff or class member in any alleged class action or representative proceeding. If you disagree, you must inform us in writing and refrain from using our platform, CHARISMA CHECK activities, or services. These Terms are considered executed and performed in Tampa, Florida, governed by the laws of the State of Florida. Disputes must be resolved through binding individual (not class) arbitration with the American Arbitration Association, with exceptions for intellectual property claims or claims relating to unauthorized access to data in state or federal courts located in Tampa, Florida.

ARBITRATION PROCESS AND EXCEPTIONS

You and CHARISMA CHECK agree to initiate arbitration or court proceedings within one year after a claim arises. Disagreements about the arbitration forum will be settled by an AAA arbitrator, and AAA's arbitration contemplates cloud-based arbitration without travel. As an individual (not class), you may initiate arbitration through AAA’s Business and Individual Rules. If you initiate arbitration, your fees will be limited to the Application filing fee set forth by AAA rules. Any decision or award rendered by AAA may be entered in any court of competent jurisdiction.

CLASS ACTION AND TRIAL WAIVER

Entering into these Terms means waiving the right to participate in a class action against us. The arbitrator's decision or award will be conclusive and binding, entered as a judgment in any court of competent jurisdiction.

4. Responsible Use of the Platform and Compliance with CHARISMA CHECK Guidelines — Your Responsibilities

LICENSE AND OBLIGATIONS

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and utilize the Platform, Content, CHARISMA CHECK Activities, and additional services if you are a subscriber. This license is subject to termination at any time and for any reason, especially if you violate the permissible uses outlined below.

As a condition for accessing the Platform and its services, you agree NOT to:

I. Use Information in Violation of the Fair Credit Reporting Act (FCRA):

  • Do not conduct CHARISMA CHECK checks or use information obtained from the Platform in violation of the FCRA.
  • CHARISMA CHECK is not a Consumer Reporting Agency, and using information for assessing eligibility in areas such as employment, tenancy, education, personal credit, loans, insurance, business transactions, adoption, or participation in non-profit programs violates both the Terms and the law.
  • Violations may result in criminal penalties, and CHARISMA CHECK reserves the right to terminate access and report violators to law enforcement.

II. Use the Platform Inappropriately:

  • Do not violate any applicable laws, statutes, rules, regulations, or judicial decrees.
  • Do not engage in identity theft, fraud, or activities intended to cause harm or harassment.
  • Do not post defamatory, obscene, offensive, false, or misleading material, or material that promotes bigotry, racism, hatred, or harm against any individual or group.
  • Do not access non-public areas of the Platform or engage in any activity that violates laws or regulations.

III. Maintain Confidentiality:

  • Do not share or transmit CHARISMA CHECK services or materials, including Content and CHARISMA CHECK Activities, to third parties.
  • Treat all materials as confidential information and ensure secure storage.

IV. Provide Authorized Information:

  • Do not provide information or engage in CHARISMA CHECK Activities without proper authorization.

V. Unauthorized Use and Commercial Purpose:

  • Do not download, replicate, or use any segment of the Platform for commercial purposes or deemed competitive by CHARISMA CHECK.

VI. Automated Processes and Disruption:

  • Do not use automated methods for mass marketing, spam, or monitoring the Platform for commercial purposes.
  • Do not disrupt the proper functioning of the Platform or violate security measures.

VII. Derivative Works and Disguised Communication:

  • Do not generate derivative works or obscure the origin of communications transmitted to the Platform.

VIII. Prohibited Actions:

  • Do not replicate CHARISMA CHECK web pages, mirror the platform's appearance or functionality on another website, or use the Platform for unauthorized purposes.

CONSEQUENCES OF UNAUTHORIZED USE:

Engaging in unauthorized use may lead to criminal and civil prosecution, including potential punishment under the Computer Fraud and Abuse Act of 1986. CHARISMA CHECK retains the right to observe, monitor, and record activity on the Platform without notice. Information obtained may be subject to review by law enforcement organizations at CHARISMA CHECK's discretion. CHARISMA CHECK also reserves the right to modify, suspend, terminate, or temporarily interrupt Platform operation or access without prior notice.

5. Subscription Terms and Conditions

User Signup and Criteria

Upon signing up to become a user, you affirm the accuracy of the provided information, signaling your acceptance of these Terms. After approval from CHARISMA CHECK, access to our services is granted for the applicable fee. Users, bound by the restrictions in these Terms and upon payment of the relevant fees, gain the privilege to engage in CHARISMA CHECK Activities. The ensuing clauses are specifically applicable if you submit an account application to utilize our Platform and, upon approval, join as a user/subscriber:

I. Sign-Up Process

To engage with our Platform, a minimum age of eighteen (18) years is required, with the intention of personal, non-professional use. CHARISMA CHECK will evaluate your information and inform you of your acceptance or rejection. Should any provided information change, prompt updates to CHARISMA CHECK are necessary. The company reserves the discretion to reject your application or terminate your account. By signing up, you recognize that you have independently evaluated the desirability of accessing our services, not relying on any representations or warranties beyond those explicitly stated in these Terms.

II. Account Credentials

You acknowledge and consent that (a) safeguarding your username and password is your responsibility, (b) usage of another person's credentials is prohibited, (c) your account should not be accessible to others, (d) selling your login details is prohibited, (e) immediate reporting of any unauthorized account use is mandatory, and (f) providing accurate information during signup and upon request is essential. Violation of these provisions implies (i) responsibility for actions through your account, (ii) our immunity for losses due to unauthorized password use, and (iii) potential accountability for losses suffered by us.

III. Subscription details

The user report will be updated on a monthly basis regardless of the type of subscription. The type of subscription will determine the duration and the ability to access the report and share it with others. For instance, for users with weekly subscriptions, the ability to access and share the report will become unavailable after a week (once the subscription expires). 

IV. Duration and Conclusion

CHARISMA CHECK reserves the right to limit, suspend, modify, or terminate your account at its sole discretion, with or without cause, and without liability or prior notice. Upon account expiration, termination, restriction, or suspension:

  • All licenses and rights granted under these Terms cease.
  • Return or destruction of CHARISMA CHECK's confidential information in your possession is mandatory.

Settlement of any outstanding fees to CHARISMA CHECK within sixteen (16) days of expiration or termination is required. 

  • Obligations persisting beyond account termination endure.

V. Charges, Taxes, and Invoicing

To use Platform services, you'll be informed of fees and billing arrangements before making a purchase, including recurring charges. Subscribing grants authorization to charge your card. Additional information may be requested for credit card verification, and non-authentication allows order refusal. Payment must not be via check, cash, or money order. Apart from subscription fees, applicable taxes are your responsibility. 

By submitting payment, you affirm legality, authorizing information use in accordance with our Privacy Policy. A third-party payment processor handles credit card payments. CHARISMA CHECK may modify pricing or billing practices with notice. Disagreement allows subscription cancellation, but you remain responsible for incurred fees. Non-termination within sixteen (16) days post-notice implies consent to changes.

We offer a grace period for the subscription prior to suspending or stopping the service in case there was any issue with the payment. The grace period will vary depending on the subscription type and payment processor. We are limited to the grace periods which are available based on the user’s payment processor (Apple versus Google). For Google users, the grace period is 14 days for the monthly subscription and 3 days for the weekly subscription. For Apple users, the grace period is 16 days. After the grace period, if the user doesn’t submit a successful payment, we reserve the right to deactivate your account, restrict viewing and sharing your report and deny you access to the Platform without a notice. For further inquiries in that regard, please contact our support through the mobile App.

6. Proprietary Rights

CHARISMA CHECK retains any and all rights not explicitly granted in these Terms. Your use of the Platform does not confer any ownership rights to the Platform, Our services, Content, or any other information obtained from them. The name "CHARISMA CHECK" and its logo, along with all custom graphics, icons, and service names, are trademarks of CHARISMA CHECK, and all rights, including these and others, are reserved.

All proprietary rights to the Content, including CHARISMA CHECK Activities, and any rights related to the design, selection, arrangement, compilation, and coordination of such Content, are either owned by CHARISMA CHECK or licensed to CHARISMA CHECK, and are protected by applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Unless expressly provided in these Terms or with the express written consent of CHARISMA CHECK, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, trademarks, service marks, know-how, or other proprietary rights of CHARISMA CHECK or pertaining to any of the Content.

7. Our Reserved Rights

Access to the Platform is granted based on its availability at any given time, as envisioned and stipulated in these Terms. CHARISMA CHECK retains the right to monitor, view, record, review, audit, or otherwise oversee your or others' utilization of the Platform, CHARISMA CHECK Activities, Our other services, or the information provided by subscribers during the signup process ("Registration Data"). Your use of the Platform and any information acquired from it is solely your responsibility.

Furthermore, CHARISMA CHECK may conduct audits, inquiries, seek reaffirmation, restrict, limit, or deactivate accounts for compliance purposes and as deemed appropriate at our sole discretion. We reserve the right to mediate disputes between you and any other third party, including conflicts with other Platform users, and to verify the identity of any individual using the Platform.

In addition, CHARISMA CHECK may monitor the volume and usage patterns of subscribers/users utilizing the Platform for potentially professional purposes. We reserve the right to decline, reject, or cancel any orders or terminate any accounts suspected, at our sole discretion, to be involved in fraudulent activities, whether related to fraudulent behavior or a violation of these Terms. Please understand that we may need to contact you to ensure that your use is in compliance with these Terms and applicable law.

Finally, it's essential to remind users that creating multiple accounts with the intention of accessing trials is prohibited, and the misuse of the Platform trial allowance may lead to the suspension of accounts and services. These rights collectively constitute "Some of Our Reserved Rights."

8. License Grant and Feedback Appreciation

Feedback and suggestions to enhance the Platform, Content, and CHARISMA CHECK Activities are highly valued. When you transmit ideas, suggestions, information, or other material, you assert that such feedback is free from infringement, misappropriation, or violation of the intellectual property or proprietary rights of any third party. You affirm that you have all the necessary rights to convey such feedback to us.

In acknowledgment, you agree that, subject to the Privacy Policy, you are granting CHARISMA CHECK an irrevocable, perpetual, royalty-free, worldwide, unlimited, transferable, assignable, sublicensable, fully-paid-up non-exclusive right and license. This extensive license allows CHARISMA CHECK to copy, display (in whole or in part), adopt, distribute, publish, reproduce, disseminate, transmit, create derivative works, commercialize, retain, analyze, and otherwise use your feedback globally, in any form, media, or technology now known or later developed. Notably, this usage is undertaken without any obligation to notify, approve, identify, or compensate you or anyone else (and you expressly waive any claim to the contrary).

This license covers any information, ideas, concepts, comments, feedback, suggestions, Content, Registration Data, and other materials you submit, directly or indirectly, to CHARISMA CHECK through the Platform, including information associated with ideas or suggestions for the improvement of the Platform or Our services.

By submitting such information or materials, you affirm that your submission and CHARISMA CHECK's use of your submission do not and will not breach any agreement, violate any law, or infringe on any right of any third party, including privacy and intellectual property rights. Additionally, you confirm the accuracy of the information you submit. While CHARISMA CHECK does not actively seek ideas, concepts, or other materials from you regarding the improvement of the Platform or services provided through the Platform, you acknowledge your responsibility for and assume all risk regarding the use or distribution of any such ideas, concepts, or materials.

9. User Contributions, Social Media Interaction, and Use at Your Own Risk

Your recognition that you lack any proprietary interest in the content of the Platform or affiliated websites, including social media pages or forums controlled by us (such as blogs, message boards, comment areas, and other interactive features), is essential. These spaces allow users to post comments and content. By submitting feedback, suggestions, commentary, reviews, and/or forum contributions, you are granting us a royalty-free, irrevocable, non-exclusive, assignable, transferable, and sublicensable right and license. This empowers us to use, reproduce, modify, publish, translate, create derivative works, distribute, transmit, perform, and display such content or information (in whole or in part) within the review or forum for any purpose. This includes incorporation into other works in any form, media, or technology now known or later developed, for the full term of any rights existing in such content or information.

Your affirmation of having all necessary rights to make your review and/or forum contributions available to us is crucial. You also acknowledge that these reviews and/or forum contributions are non-confidential for all purposes. We have no control over the extent to which any idea or information therein may be used by any party once such content is posted or displayed. Furthermore, you acknowledge that we assume no responsibility for, and recommend against, posting, displaying, or transmitting any confidential or sensitive information. All users remain solely and exclusively responsible for any liability arising from their own reviews and forum contributions.

If you intend to post honest reviews and commentary, you acknowledge and agree to the following:

  • You must be a registered user and subscriber on the Platform and have performed CHARISMA CHECK Activities in the past to post.
  • Providing the email address matching your Platform registration is a prerequisite. If your email address doesn't match one associated with a Platform user, your review and/or forum contribution may not be posted or may be removed.
  • Committing to offer only honest and pertinent reviews and/or forum contributions that reflect your personal experiences with the Platform.
  • Not posting, displaying, uploading, or transmitting content that violates the rights of others, interferes with the operation of the Platform, contains unauthorized copyrighted materials, impersonates any person or entity, encourages criminal conduct, constitutes junk mail or spam, or violates any law or regulation.

You acknowledge CHARISMA CHECK's right, at its sole discretion, to refrain from posting or to delete any submitted review and/or forum contribution without prior notice. We neither endorse nor assume liability for third-party user-submitted content. While we generally do not pre-screen, monitor, or edit user-generated content, we and our agents have the discretion to remove any content that violates these Terms of Use or other user conduct rules or is deemed harmful, objectionable, or inaccurate. By using the Platform, you consent to such removal and waive any claims against us related to the removal of content.

10. Disclaimer:

Recognize the potential presence of technical or other errors, inaccuracies, or typographical mistakes on this platform. The platform, its content, Charisma Check activities, and any other products or services from Charisma Check are provided on an "as is" and "as available" basis. All warranties, whether express or implied, are disclaimed to the fullest extent permitted under applicable law. This includes disclaimers of merchantability, non-infringement of intellectual property, and fitness for a specific purpose.

Do not solely rely on the platform, the information within, or its continuity. Notably, Charisma Check and its subsidiaries and affiliates do not assert or warranty:

I. the achievement of any intended purpose;

II. uninterrupted, timely, secure, and error-free access (including, but not limited to, system or network failures, updates, disturbances related to internet service providers, maintenance, or malicious attacks), or the rectification of defects or errors;

III. freedom from viruses or other harmful components;

IV. implementation of security measures ensuring non-interference with your use or enjoyment of the site, or guaranteeing the non-infringement of your rights; or

V. 100% accuracy, completeness, and up-to-date information.

The platform, its information, content, Charisma Check activities, and any other products or services may contain defects, errors, issues, or other constraints. Charisma Check and its parents, subsidiaries, and affiliates will not be responsible for the availability of the underlying internet connection you use to access the platform. No advice or information, whether oral or written, received by you from Charisma Check, other users, third-party providers, or otherwise through or from the site, shall establish any warranty not explicitly stated in these terms.

Retaining the right to modify the platform, introduce new content, materials, and features, and discontinue existing content, materials, and features on our platform. Your use and reliance on the content provided on the platform are entirely at your own risk.

Use of the platform is exclusively at your own risk. The opinions expressed in blogs, posts, articles, or other segments of the platform belong to their respective authors and do not necessarily reflect our policy or position.

Be aware that access to specific information may be restricted. For example, criminal record data displayed within Charisma Check or through our platform may include records that have been reversed, expunged, sealed, or otherwise altered and made inaccessible to the public since the last update or collection date of such data.

Acknowledging and agreeing that "false positives" (search results obtained from our data providers that inaccurately indicate a given fact or do not relate to the user due to reporting errors or similarly named individuals) may occur, and any search results and/or other information provided via the platform may not accurately or fully represent the particular individual.

We make reasonable efforts to provide our services, but you recognize and agree that we derive all Charisma Check data from third-party providers, which may or may not be entirely comprehensive and accurate. You should not completely rely on the accuracy or completeness of information obtained here. We do not and cannot make any assertions or warranties regarding the use or results of the use of any information available through the platform. We make no assertions or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the content for any purpose and expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.

11. Indemnification Commitment: 

You hereby agree to shield, indemnify, and release CHARISMA CHECK, including its parents, subsidiaries, affiliates, joint ventures, third-party service providers, and all associated members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments asserted by third parties, including users. This commitment specifically pertains to:

  • Your utilization of the Platform or any Content acquired through it, including information obtained via CHARISMA CHECK Activities and other sources.
  • Your failure to adhere to these Terms, including any breaches of laws or the rights of others.
  • Any claim asserting that CHARISMA CHECK is obligated to pay taxes linked to Your use of the Platform, Our services, or otherwise.

The stipulations within this paragraph are crafted for the protection and advantage of CHARISMA CHECK, its subsidiaries, affiliates, joint ventures, and third-party service providers, as well as each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. These individuals and entities maintain the right to independently assert and enforce these stipulations against You.

12. Liability Limitations

Acknowledge and explicitly agree that your utilization of the platform, information, content, Charisma Check, and other Charisma Check products or services is governed by constraints on liability. Charisma Check, alongside its subsidiaries, affiliates, joint ventures, third-party service providers, and all their members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, will not be held liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages. (Note: Some states may not permit the exclusion or limitation of incidental or consequential damages, so this exemption may not be applicable to you). This encompasses damages related to loss of profits, goodwill, use, data, or intangible losses, even if Charisma Check has been informed of the possibility of such damages. These limitations on liability align with applicable law and encompass scenarios such as:

  • the use of or the inability to use the platform, any information contained therein, the content, Charisma Check, or any other Charisma Check products or services;
  • the cost of procuring substitute goods or services resulting from your acquisition of or access to any Charisma Check products, services, content, or other data through the platform;
  • the unauthorized access to, or alteration of, your registration data or any other information about you maintained by Charisma Check; and
  • any other dispute relating to the platform, any information contained therein, or any other Charisma Check products or services.

These limitations are applicable to all statutory and common-law causes of action, covering breaches of contract, breach of warranty, negligence, strict liability, misrepresentation, and all other torts. You hereby release Charisma Check and its parents, subsidiaries, affiliates, joint ventures, third-party service providers, and all their members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners from obligations, liabilities, and claims beyond the stated limitations. If the law disallows such constraints, the maximum liability to you under any circumstance will be five hundred dollars ($500.00). No action, irrespective of its form, arising from your use of the site, any information contained therein, the content, Charisma Check, or any other Charisma Check product and/or service may be initiated by you or Charisma Check after one (1) year following the event that gave rise to the cause of action. This limitation on liability is a fundamental aspect of the agreement between you and Charisma Check, and your access to the platform is contingent upon your acceptance of these restrictions. If certain jurisdictions prohibit the exclusion or limitation of damages as indicated above, our liability in such jurisdictions shall be restricted to the extent permitted by law.

13. All at Your Own Risk: Links to Other Websites, Advertisers, and Third-Party Products/Services

For the sake of your convenience in obtaining related information, products, and services, this platform may supply links to other internet sites or include references to information, documents, software, materials, and/or services provided by third parties. Please be aware that our inclusion of such links or references does not constitute an endorsement of any third party, their products, or services, and we may not have thoroughly reviewed all such items. The linked sites might contain information or material that some individuals find inappropriate or offensive. Given that these sites and parties are beyond our control, we explicitly disclaim any responsibility for the accuracy, quality, availability, copyright compliance, legality, decency, or any other aspect of the content on such sites. Additionally, we are not accountable for errors or omissions in any references to other parties or their products and services.

Providing these links or references is purely for convenience and does not imply our endorsement of, or association with, the site or party, nor does it imply any warranty, either express or implied. These links and advertisements often direct you to other websites owned and operated by third parties, showcasing content, products, services, materials, events, and offers. At times, these websites may be co-branded, allowing third parties to use our name and logo on their sites. However, we do not control the information, products, or services available on or through these third-party websites.

The inclusion of a third-party link on the platform does not signify our endorsement or any association with the website's operators. Acknowledging that we lack control over such websites, you agree and acknowledge that we are not responsible or liable for the availability or operation of such websites, the material found on or available through such websites, or the data practices of such websites, all of which are subject to their respective policies and terms.

If you decide to click on any third-party advertisements on the platform, participate in promotions offered by such advertisers, or purchase goods or services from them, any terms, conditions, warranties, or representations associated with those dealings are solely between you and the advertiser or other third party. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or reliance on any material made available by such advertisers.

In light of this, we refrain from making any representations regarding, nor do we endorse or guarantee, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party offerings. Moreover, your interactions with third parties on the platform are exclusively between you and those third parties. We explicitly disclaim any responsibility and liability for all content, products, services, materials, events, and offers provided by third parties on or accessed through the platform. You acknowledge that we are not liable for any loss or damage of any nature incurred as a result of any such interaction or the presence of third parties' content, products, services, materials, events, and offers on the platform.

14. Handling of Chargebacks and Reversals

In common with other e-commerce entities, purposeful credit/debit card reversals and chargebacks frequently serve as indicators of potential fraudulent activity and/or misuse of our services. In these instances, we retain the prerogative to carry out additional inquiries and lodge complaints with the pertinent local and federal authorities. It's crucial to understand that we consistently monitor all internet protocol address information and user activity, and this data might be employed in a civil and/or criminal case against any customer, especially in scenarios implicating potential theft or fraudulent conduct.

15. Relief of Equitable Nature

Recognizing that any breach or imminent breach of these Terms or any unauthorized or unlawful use of the Platform would result in irreparable harm to CHARISMA CHECK, for which monetary compensation would be inadequate, you concede. In such situations, CHARISMA CHECK holds the right, in conjunction with other remedies afforded by law and equity, to pursue immediate injunctive relief without the necessity of posting a bond. These Terms are not to be construed as limiting any legal or equitable remedies at the disposal of CHARISMA CHECK.

16. Force Majeure Provisions

Under these Terms, neither party will be held accountable for, nor deemed in breach of, any obligations, excluding payment responsibilities, owing to a delay or failure to perform, induced by factors or circumstances beyond the party's reasonable control. These encompass acts of God, such as storms and other natural events, fires, explosions, failures in telecommunication, Internet, or other networks, vandalism, or computer hacking, as well as national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or similar labor difficulties. Termed collectively as a "Force Majeure Event," these factors will necessitate the party affected to notify the other party promptly and exert commercially reasonable efforts to mitigate the impact of such an event.

17. Provision Severability

In the event that a court decision deems any provision of these Terms invalid or unenforceable, said provision shall be altered and interpreted to best fulfill the goals of the invalidated or unenforceable provision within the constraints of applicable law or the specific court decision. The effectiveness and enforceability of the remaining provisions of these Terms will persist unabated.

18. Waiver Provisions

The failure of CHARISMA CHECK to enforce a specific right or remedy for any breach of, or insistence upon strict adherence to, any provision in these Terms will not be construed as a waiver of CHARISMA CHECK's entitlement to enforce its remedies for breaches of, or insist upon strict adherence to, that provision or any other provision in these Terms. Any waiver of a provision in these Terms necessitates documentation in a signed writing by a duly appointed officer of CHARISMA CHECK.

19. Misconduct

CHARISMA CHECK retains the right to limit, suspend, or terminate your account or access to the platform if, in our sole and absolute discretion, we find that you have violated these Terms.

20. Your Relationship with CHARISMA CHECK

Your association with CHARISMA CHECK under these Terms does not constitute a partnership, joint venture, agency, franchise, sales representation, or employment agreement between you and CHARISMA CHECK or any other party. Any authority to make or accept offers or representations on behalf of CHARISMA CHECK is not granted to you.

21. Cancellation Policy

You always have the option to cancel your subscription plan at any time using our App where you can “cancel subscription”. It's important to note that, when you cancel your subscription plan, you will still be able to view and share your information for the remainder of the subscription period. We don’t provide refunds for the remaining subscription period after cancellation. 

22. Refund Policy

You always have the option to cancel your subscription plan at any time using our App where you can “cancel subscription”. It's important to note that, when you cancel your subscription plan, you will still be able to view and share your informatioIf, at any juncture, you find our services unsatisfactory, feel free to reach out to us to initiate a refund request. Each refund request will be assessed individually, reflecting our dedication to ensuring optimal customer satisfaction. Normally, customers qualify for a single refund per subscription, and recurrent refund requests are not permissible. We reserve the right to decline a refund for subscribers making repetitive refund requests or doing so in bad faith, as reasonably determined by us. To streamline the refund process, you must furnish us with all requisite information, including your name and mailing/billing address. Inadequate or inaccurate information may lead to a delay in processing your refund. Depending on the issuing bank of the credit or debit card used, it may take up to thirty days for the refund to appear on the relevant statement. If you have any inquiries about the refund status, don't hesitate to contact us through the App/platform. n for the remainder of the subscription period. We don’t provide refunds for the remaining subscription period after cancellation. 

23. Billing Errors, and Discounts

Any promotional prices or discounts will be specified at the time of your order purchase on the checkout page. If you believe there has been an incorrect billing, we kindly ask you to notify us promptly.

24. Notification

Legal and other notices from CHARISMA CHECK may be disseminated to you at its sole discretion through (a) the posting of such notices or links to them on the Platform, or (b) dispatching a notice via email, postal mail, overnight courier, or facsimile to any contact address or number you have provided to CHARISMA CHECK. If you wish to communicate a notice to CHARISMA CHECK, you can choose to send such notice, with postage prepaid, either by U.S. certified mail or domestic overnight courier to: CHARISMA CHECK. Notices transmitted by email or facsimile will not be deemed valid unless the actual receipt is confirmed in a signed writing by a duly appointed officer of CHARISMA CHECK.

25. Removing Your Information

If you wish to remove your personal information from the platform, please contact us or you can delete your account/profile through the App and that will delete all of your information as well. 

26. Modifications to these Terms

We reserve the right to make modifications to these Terms at our sole discretion, effective immediately upon posting on the platform.. Changes to the dispute resolution section won't apply to disputes initiated before the modification. Changes to other sections, including Subscriber Requirements and Conditions, will not apply to charges incurred before the modification.If you do not terminate your account within sixteen (16) days of receiving notice or if you continue to use the platform after changes, you agree to comply with and be bound by these modifications. Future offers on the platform will be subject to these Terms unless explicitly stated otherwise.

27. How to Contact Us

Please visit Our contact page on Our website and App for details to contact us.