Terms of Service

1. What Divina is

Divina (the "Platform") is an online marketplace that lets customers discover, hire, message, and pay independent third-party practitioners who offer spiritual services — spells, rituals, manifestations, cleansings, blessings, prayer, and readings ("Workings"). Divina is operated by Brooke Builds Stuff LLC, a New York limited liability company ("Divina," "we," "us").

Spiritual services only — no physical goods

Divina supports spiritual services only. Every offering is a service a practitioner performs and delivers through the Platform — for example a working performed in your name with photo or video proof, a written reading, a recorded prayer, or a message. Divina does not support the sale, shipping, or exchange of any physical or tangible goods at this time. Candles, crystals, herbs, printed or mailed items, and any object shipped or handed to a customer are not available through the Platform. You should not send money to, or accept goods from, a practitioner for anything outside a Working delivered on the Platform.

What Divina is not

We are not a provider of Workings. We do not cast spells, perform rituals, conduct readings, or produce any result. We provide a neutral venue and tools — listings, messaging, scheduling, payment facilitation, and reviews. We do not employ practitioners or act as their agent or partner; we do not direct, supervise, or control how a Working is performed; and we do not guarantee, endorse, or verify any practitioner's identity, qualifications, abilities, or the efficacy, safety, or legality of any Working.

2. Your contract is with the practitioner

When you hire a practitioner, you form a direct agreement with that practitioner (the "Working Agreement"). Divina facilitates and provides the Platform but is not a party to that agreement. A practitioner's listings, claims, prices, delivery windows, and statements are their own; we do not adopt them. Liability for any Working — including any manifestation, outcome, or absence of outcome — rests with the practitioner who performed it, not Divina.

3. No guaranteed outcomes

All Workings, listings, and content are for personal and entertainment purposes only. They are matters of personal belief, not scientific, medical, psychological, legal, or financial fact.

No outcome is promised, predicted with certainty, or guaranteed. Whether or how a Working "works" is subjective and outside anyone's control. A practitioner who performs the agreed Working in good faith satisfies the Working Agreement regardless of the result. You pay for a practitioner's time, skill, effort, and deliverable — not a guaranteed outcome.

Divina is not responsible or liable for any outcome of any Working — including a result that does not manifest, manifests differently than you hoped, or produces any negative, adverse, unwanted, or harmful effect or consequence of any kind. Divina does not perform Workings and does not control their effects. You accept any such outcome as a risk of using the Platform; responsibility for it rests with the independent practitioner and with you, not with Divina.

4. Disclaimers and limitation of liability

The Platform and all Workings are provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, Divina disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any practitioner, listing, or Working is accurate, reliable, effective, safe, or lawful.

To the fullest extent permitted by law, Divina will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, or for emotional distress or alleged spiritual harm, under any theory. Divina's total aggregate liability for any claim will not exceed the greater of (a) the fees Divina retained from your transactions in the three months before the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

5. Acceptable use

You may not request, offer, or perform any Working meant to — or reasonably likely to — harm a person or animal (baneful work); override someone's free will; frighten, harass, or stalk; target an identifiable person without consent; involve minors, non-consenting third parties, or animal cruelty; deceive or exploit (including fear-based "pay more to remove a curse" schemes or guaranteed-results promises); offer physical or shipped goods; or break the law. You are responsible for the requests you submit and the intent behind them. The full rules are in our Acceptable Use Policy, which is part of these Terms. We may remove listings and requests, cancel or reverse transactions, refund customers, suspend or close accounts, and report unlawful conduct, at our discretion.

6. Payments, fees, and refunds

Customers pay through our third-party payment processor. Prices are set by the practitioner and shown before checkout. A buyer service fee covers payment processing and is shown at checkout before you pay.

Results are not grounds for a refund

Because no outcome is guaranteed and Workings are for personal and entertainment purposes, being dissatisfied with the result — including a desired manifestation not occurring — is not a basis for a refund. Good-faith performance of the agreed Working earns the fee.

When refunds are available

Subject to review, refunds may be issued when:

• the practitioner failed to perform or deliver within the stated window and did not cure after notice;
• a prohibited request was removed before it was performed;
• there was fraud, misrepresentation, or fear-based upsell coercion;
• there was a duplicate or erroneous charge; or
• a refund is required by law.

Disputing a delivered Working through a chargeback because you're unhappy with an unguaranteed result breaches these Terms; we may suspend accounts that do so and will contest such disputes.

7. Eligibility and availability

You must be 18 or older (or the age of majority where you live, if higher) to use Divina.

Where Divina is available

Divina depends on our payment processor, and is available only where that processor and the Platform lawfully operate. Because our payment processor restricts spiritual, psychic, and fortune-telling services in certain countries, practitioners cannot be based in Japan, Mexico, or Thailand, and Divina is not available in any country subject to comprehensive sanctions or where we or our processor cannot lawfully provide the service. These restrictions may change as our processor's rules or applicable law change.

Not professional advice

Workings, readings, and content are not a substitute for professional medical, mental-health, legal, or financial advice. Do not disregard or delay professional advice because of anything on Divina. No practitioner or Working is a doctor, therapist, lawyer, or financial advisor. If you are in crisis or think you may harm yourself or others, contact your local emergency number (in the U.S., call or text 988, or call 911) right away.

8. Your content and reviews

You keep ownership of what you submit — your intentions, messages, and reviews. You grant Divina a non-exclusive, worldwide, royalty-free license to host, display, and use that content to operate the Platform. You may review completed Workings honestly; you may not post false, retaliatory, or incentivized reviews. We moderate content per our policies but do not guarantee removal of content you dislike.

9. Indemnification, disputes, and governing law

You will defend, indemnify, and hold harmless Brooke Builds Stuff LLC and its members, managers, officers, employees, and agents from claims arising out of your use of the Platform, any Working you request, your breach of these Terms or the Acceptable Use Policy, or your violation of law or third-party rights. Disputes about whether a Working was performed or performed well are primarily between you and the practitioner; Divina is not a party to the Working Agreement and may, but need not, help resolve them.

Arbitration and class-action waiver

Except for claims that qualify for small-claims court, you and Divina agree to resolve any dispute through binding individual arbitration, and not in court, and each waive the right to a jury trial and to participate in a class action. Either party may bring an individual claim in small-claims court instead. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@divinaapp.com. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules.

10. Changes and acceptance

You accept these Terms by an affirmative act — creating an account, tapping "I agree," or placing an order. We may update these Terms; we will post the new version with an effective date, and for material changes we will give reasonable notice. Continued use after the effective date means you accept the updated Terms.

Contact

Questions about these Terms? Email support@divinaapp.com.