Terms & Conditions

as of July 26, 2024

The provisions in this document contain the rules and obligations regarding the provision of services via our website (the Service(s)). By using the Services, you indicate that you have read, understood, and agree to these general terms and conditions. If you do not agree with any of these terms or future changes, do not use our Services or the MysticWork website at www.mysticwork.com (the Website).

Please read these General Terms and Conditions carefully to ensure that you understand each provision, as well as to acknowledge and agree that MysticWork is not a party to agreements concluded between buyers and advisors on our Website. MysticWork has no control over the behavior of buyers and advisors and disclaims all liability in this regard.

1. Definitions

1. Services means the services offered by MysticWork through the Website related to facilitating the sale of advisory services by Advisors to Buyers through the Website.
2. User means both Buyers and Advisors under these General Terms and Conditions.
3. MysticWork means the platform owned by Osendo BV, a company established in the Netherlands under Chamber of Commerce number 82850836, registered at Raamplein 1, 1016XK Amsterdam, which offers the Services under these General Terms and Conditions.
4. Order means the total of the session price per minute, the service fees, and the transaction costs that must be paid by the Buyer.
5. Advisor is the party offering services for sale to Buyers through the Website.
6. Agreement means the legally binding agreement entered into between MysticWork and the User, which is established when the User creates an account on the Website and accepts these General Terms and Conditions.
7. Balance means the amount that MysticWork must pay out to the Advisor.
8. Revenue is the income of an advisor from session sales, including service fees and transaction costs.
9. Website means our website at www.mysticwork.com, where the Services are advertised.

2. General Provisions

1. These General Terms and Conditions apply to the relationship between MysticWork and each User on the Website.
2. MysticWork is a platform where a Buyer can purchase advisory services for sessions offered by Advisors.
3. All General Terms and Conditions used by a User are hereby expressly rejected for the relationship between MysticWork and the User.
4. When Buyers request to purchase a session from an Advisor, they enter into a contract directly with the Advisor. MysticWork is not a party to this contractual relationship between Buyers and Advisors.
5. Nothing in these General Terms and Conditions suggests that MysticWork owns, resells, transfers, manages, offers, or delivers any services offered by an Advisor. Advisors are responsible for their own offerings.
6. By registering data on our website or using the Services provided by MysticWork, the User agrees to be bound by these General Terms and Conditions. If the User does not accept all General Terms and Conditions, the User must not use or access the Website and/or our Services.
7. By registering as a User on the Website, the User warrants and represents that they (a) can enter into legally binding contracts and (b) agree to these General Terms and Conditions.
8. These General Terms and Conditions, together with any amendments, all documents referenced, and all other legal notices and agreements published by MysticWork through the Services, constitute the entire legal agreement between the Customer and MysticWork with respect to the Services.
9. If any provision(s) of these General Terms and Conditions is found to be wholly or partially invalid, the remaining provisions will remain in effect. MysticWork will formulate new provisions to replace the invalid provisions, considering the scope of the original provisions carefully.
10. MysticWork is entitled to unilaterally amend these General Terms and Conditions. The amended General Terms and Conditions will apply immediately to new Users and 30 days after notification to existing Users.
11. The use of the Services is also subject to our Privacy Policy, which applies to the personal data of both Buyers and the Advisor.

3. Registration and Use of the Services

1. The User must register on the Website to create an account (the "Account") to access the Services on the Website.
2. The User must provide accurate, truthful, complete, and up-to-date information regarding registration on the Website.
3. Users can deactivate their Account at any time by following the instructions on the Website. Users also have the option to delete their accounts fully and delete all conversations one by one or all of them together. If a session is deleted by a user, it will not be visible to the advisor with whom they had the session.
4. The User must keep the login credentials of the Account confidential and not disclose them to third parties. MysticWork will never ask Users to disclose this information. If Users are asked for their login credentials by third parties, they must not disclose this information but should immediately notify MysticWork. If a User notices that an Account is being used by an unauthorized third party, the User must immediately notify MysticWork and change the password.
5. If a User suspects that another User has provided false information, the User must immediately notify MysticWork.
6. MysticWork has the right to restrict your activity on the Website or refuse your registration on our Website without prior notice for any reason, but in any case after a violation of these General Terms and Conditions.
7. The User agrees that if MysticWork reasonably suspects that the User has provided false information, MysticWork is entitled to conduct identity checks on the User. In this case, Buyers must immediately send identification to MysticWork, and Advisors must send confirming documentation that the Advisor is a legitimate business.
8. MysticWork will make commercially reasonable efforts to ensure that the offerings uploaded by Advisors on the Website are as accurate and truthful as possible representations of the services and sessions.
9. Buyers acknowledge that Advisors - and not MysticWork - are solely responsible and liable for the accuracy of the content they upload to the Website.
10. The Advisor has the option to update their profile for services on the Website. However, MysticWork reserves the right to exclude or remove any published session without reason or notice.
11. The User will not directly or indirectly:
    • Violate these General Terms and Conditions;
    • Monitor content on the Website using robots, spiders, or other automated instruments;
    • Use the Website and Services on the Website for any purpose other than buying and/or selling advisory services;
    • Post material on the Website that violates applicable criminal or other laws, or encourages such violations;
    • Use the Website in a way that may endanger any computer system or network, including by using a virus;
    • Post or transmit information that is in any way false, fraudulent, or misleading, or perform an act that may be considered "phishing" (primary, secondary, or otherwise) or that may give rise to criminal or civil liability; or
    • Post unlawful, threatening, abusive, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material.

4. Posting Services

1. Advisors offering services on MysticWork must ensure that these services comply with MysticWork's "Service Policy Guidelines." These guidelines are designed to ensure the safety, legality, and integrity of the posted services. The policy guidelines can be consulted via the following link: https://mysticwork.com/privacy-policy
2. If a posted service does not comply with the "Service Policy Guidelines," MysticWork reserves the right to remove such services without prior notice. MysticWork is not liable for any damage or losses resulting from the removal of services that violate the policy guidelines.
3. Advisors are responsible for filing VAT/Sales tax in their own countries. MysticWork is not responsible for this.
4. Advisors should never share any of the conversations that occurred between buyers and advisors and must protect this information. It is also not allowed to share any personal contact information between advisors and clients.

5. Closing an Account

1. MysticWork reserves the right to suspend, restrict, or terminate the User's access to one or all Services with immediate effect for any reason, including but not limited to:
   • MysticWork reasonably believes it must do so to protect its reputation;
   • MysticWork is required to do so under applicable law, regulation, or a court of any other authority to which we are subject in any jurisdiction;
   • MysticWork reasonably suspects that the User is acting in violation of these General Terms and Conditions;
   • MysticWork has concerns about the security of the Account or that the Services are being used fraudulently or unauthorized;
   • An Advisor or Buyer attempts to circumvent MysticWork and conduct a purchase directly or wants to conduct outside MysticWork;
   • An Advisor or Buyer has informed MysticWork of unreasonable behavior of the User towards the Advisor or Buyer; or
   • MysticWork suspects or has evidence that the User is using a false identity.
2. If the User decides to terminate the relationship with MysticWork, the User can deactivate the Account by following the relevant instructions. Users also have the option to delete their accounts fully and delete all conversations one by one or all of them together. If a session is deleted by a user, it will not be visible to the advisor with whom they had the session.

6. Purchasing Sessions

1. When a Buyer purchases a session from an Advisor through the MysticWork platform, the Buyer is bound by this purchase. Once a session is purchased, this purchase cannot be changed unless the Advisor expressly permits it.
2. A session purchase from an Advisor may be subject to additional terms and conditions used by the Advisor. The Advisor must clearly communicate such additional terms to the Buyer before purchasing a session.
3. The Advisor expressly authorizes MysticWork to process the payment by the Buyer to MysticWork. However, it is the responsibility of the Advisor to sufficiently and clearly inform the Buyer of any additional terms.

7. Communication Conditions

• Prohibit giving or asking for any personal details to or from clients over the MysticWork website. Such information as phone numbers, email addresses, or any other information that will allow the client to reach you outside of the MysticWork website.
• Prohibit contacting the client directly via email, phone, text message, Facebook, or Twitter. Zero tolerance to any communication off the MysticWork Platform.
• You are also not allowed to send PayPal invoices or receive payments for services rendered over the MysticWork website outside of the MysticWork website(s) using other means of payment such as cash, check, Western Union, or other payment transfer methods.
• You may not use the website to post, store, or transmit advertising, promotional material, or solicitations of your goods or services provided at other websites, forums, or companies.
• Note that all communication may be monitored to ensure adherence to our policies.

We are making significant investments in the MysticWork website and wish to maintain it as a fair environment for advisors and clients alike. As such, we have a short tolerance for those who breach our TOS and advisors will have their accounts permanently terminated for these actions.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website that are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without MysticWork’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Netherlands.

8. Ownership of Copyright

We [and our licensors] own the copyright in (a) this website; and (b) the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material, and audio-visual material on this website).

9. Disclaimer

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, MysticWork:

• Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or MysticWork’s literature; and
• Excludes all liability for damages arising out of or in connection with your use of this website. This includes without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised MysticWork of the possibility of such potential loss), damage caused to your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.