Terms of Service

Last Updated: 19 September 2025

1 Accessibility of Our Services

Before we dive into these Terms, we want to express our commitment to providing Websites and Apps that are accessible to the widest possible audience, regardless of ability. This includes striving for substantial conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Levels A and AA.

While using our Services, you may access third-party sites or services. We accept no responsibility for the content, functionality, or accessibility of any third-party sites or services linked to or accessible through our Services.

If you have questions or wish to provide feedback on our accessibility efforts, please contact us using the information provided in the "Contact Us" section at the end of these Terms.

2 Purpose & Scope

These Terms apply to your access and use of:

1. Our websites located at www.thefortuneu.com (the "Websites");
2. Our mobile application named FortuneU (the "App," and together with the Websites, the "Platform");
3. Any services, content, or features made available by us through the Platform (collectively, the "Services").

In these Terms, "you" or "your" refers to any user of the Services.

3 Acceptance of These Terms

Your access to and use of the Services are subject at all times to these Terms and our Privacy Policy (available at PrivacyPolicy), which is incorporated herein by reference. By accessing or using the Services (including clicking "accept" or "agree" where such an option is provided), you represent that you have the legal capacity to enter into this agreement and agree to be bound by these Terms.

If you do not agree to all provisions of these Terms, you may not access or use the Services. We use reasonable efforts to enforce these Terms but cannot guarantee that other users will comply, nor do we assume liability for their failure to do so.

4 Eligibility

By accessing or using the Services (or clicking to accept these Terms), you represent and warrant that:

• You have read, understood, and agree to be bound by these Terms and any future amendments (published via the Platform or TermsConditions);
• You are at least 16 years of age;
• You have the authority to enter into this agreement personally (and on behalf of any entity you represent, if applicable);
• You will comply with all applicable laws, regulations, and rules of the country, state, or city where you access the Services.

5 Modification of These Terms

We may revise these Terms at our sole discretion, subject to applicable law, and without prior notice. The effective date of the latest version will be posted at the top of these Terms and on the Platform.

You may choose whether to accept revised Terms, but continued use of the Services after revisions are posted constitutes your acceptance of the updated Terms. If you do not agree to revised Terms, your sole remedy is to cease using the Services.

6 Access to the Services

Upon accepting these Terms, you are granted a revocable, non-transferable, non-exclusive license to access the Services for personal, non-commercial use only. This license is conditioned on your compliance with these Terms.

We reserve the right to:

• Temporarily suspend or permanently terminate your access to the Services at any time, in our sole discretion, if you violate these Terms or pose a risk of violating them;
• Modify, add, or remove features, content, or functionality of the Services (including suspending or discontinuing the Services entirely) at any time. We will attempt to notify you of material changes when possible, but this is not guaranteed.

You may not:

• Transfer your access rights to any third party;
• Use the Services for commercial purposes (e.g., reselling access, advertising, or soliciting users) without our prior written consent;
• Exploit any part of the Services for financial gain unless expressly authorized by us.

7 Account Registration & Security

To access certain features of the Services, you may need to register an account ("Account") and provide accurate, current, and complete information ("User Information"). Our Privacy Policy governs how we collect, use, and store your User Information.

You are responsible for:

• Maintaining the confidentiality of your Account credentials (e.g., username, password);
• All activity occurring under your Account (whether authorized by you or not);
• Promptly updating your User Information via the Platform if it changes.

We are not liable for any loss or damage resulting from unauthorized access to your Account (unless caused by our gross negligence). If you suspect unauthorized access, please notify us immediately at kangyue168@gmail.com.

8 Text Messaging (If Applicable)

By consenting to these Terms, you authorize us and our service providers to send text messages to the phone number you provide for non-marketing purposes (e.g., Account verification, login alerts). This authorization applies even if your number is registered on a state or federal "do-not-call" list.

• We may modify or discontinue text messaging services without notice.
• We do not charge for text messages, but you are responsible for all fees imposed by your wireless carrier (e.g., SMS/data rates).
• We may change the short code or phone number used for text services and will notify you of such changes. Undelivered messages due to outdated contact information or carrier issues are not our responsibility.

To the extent permitted by law, we are not liable for delayed, misdirected, or failed message delivery, or for actions you take (or fail to take) based on such messages.

9 Intellectual Property Rights

All content, features, and functionality of the Services (including software, text, graphics, images, video, audio, trademarks, and design) are owned by us, our licensors, or content providers. These materials are protected by U.S. and international copyright, trademark, patent, and trade secret laws.

You are permitted to access and use the Services for personal, non-commercial use only. You may not:

• Copy, download, distribute, modify, reproduce, or create derivative works of any part of the Services without our written consent;
• Use the "FortuneU" name, logo, or any related trademarks (e.g., slogans, product names) without our prior written permission;
• Use the Services to train or develop artificial intelligence (AI) models or algorithms;
• Infringe any of our intellectual property rights or those of third parties.

If you wish to use our brand assets (e.g., logos) for permitted purposes, please contact us at kangyue168@gmail.com.

10 Acceptable Use Policy

By using the Services, you agree not to:

• Use the Services for illegal or unauthorized purposes (including violating applicable laws);
• Cause nuisance, harassment, or harm to other users or our team;
• Engage in commercial activities (e.g., advertising, selling goods) without our consent;
• Violate the privacy, publicity, or intellectual property rights of others;
• Copy, scrape, or aggregate content from the Services (except for personal, non-commercial use);
• Impersonate any person or entity (e.g., a FortuneU employee, another user);
• Upload or transmit malware, viruses, or other harmful code;
• Disrupt or interfere with the Services (e.g., via denial-of-service attacks, automated bots);
• Exploit minors (e.g., requesting personal information, sharing inappropriate content);
• Transmit spam, junk mail, or unsolicited solicitations.

11 Uploaded Content

If the Services allow you to create, upload, post, or store content (e.g., comments, photos, messages) ("Uploaded Content"), you represent and warrant that you own or have the legal right to share such content.

You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable, royalty-free license to use, copy, display, modify, distribute, and create derivative works of your Uploaded Content in connection with our business (including promoting the Services), without further notice or compensation to you (except as required by law).

Uploaded Content must not:

• Infringe third-party rights (e.g., copyright, trademark, privacy);
• Contain false, defamatory, obscene, violent, discriminatory, or harassing material;
• Violate applicable laws (e.g., child protection, anti-spam laws);
• Be excessive in size (as determined by us in our sole discretion).

You are solely responsible for your Uploaded Content (including its legality and accuracy). We are not liable to you or any third party for the content or accuracy of Uploaded Content by you or other users.

12 Good Samaritan Policy

We prohibit the posting of material that infringes intellectual property rights, violates U.S. law, or contains child pornography, obscenity, or defamatory content. We will use good faith efforts to remove or restrict access to such material if notified.

If you believe content on the Services violates these standards or applicable law, please email us at kangyue168@gmail.com with:

• The nature of the violation (e.g., copyright infringement, harassment);
• Specific details to locate the material (e.g., URL, screenshot);
• Evidence supporting your claim (e.g., copyright registration number);
• Your contact information and a statement that the information provided is accurate (under penalty of perjury).

By submitting a complaint, you agree to indemnify us against any liability arising from our response to your complaint. We reserve the right to investigate complaints and remove content at our sole discretion, but we are not obligated to do so.

13 Copyright Policy (DMCA Compliance)

We respect copyright laws and comply with the U.S. Digital Millennium Copyright Act (DMCA). We may terminate Accounts of repeat copyright infringers at our sole discretion.

Notification of Alleged Infringement

If you believe content on the Services infringes your copyright, submit a DMCA-compliant notice to us at kangyue168@gmail.com (our designated Copyright Agent) including:

1. Your physical or electronic signature;
2. Identification of the copyrighted work allegedly infringed;
3. Identification of the infringing material (e.g., URL) and how to locate it;
4. Your contact information (name, address, phone number, email);
5. A statement that you have a good faith belief the use is unauthorized by the copyright owner, agent, or law;
6. A statement that the information is accurate and you are authorized to act on behalf of the copyright owner (under penalty of perjury).

Counter-Notification

If your content was removed due to a mistaken infringement claim, you may submit a counter-notice to kangyue168@gmail.com including:

1. Identification of the removed material and its prior location;
2. Your name, address, phone number, and signature;
3. Consent to jurisdiction in the federal district where you reside (or our jurisdiction if you are outside the U.S.);
4. A statement that you have a good faith belief the removal was a mistake (under penalty of perjury).

We will restore the material within 10–14 business days of receiving a valid counter-notice, unless we receive notice that the original complainant has filed a lawsuit.

14 Purchases & Subscriptions

We may offer products or subscription-based services ("Subscription Services") through external platforms (e.g., Apple App Store, Google Play, Shopify) ("External Services"). All purchases are processed through your External Service Account and subject to the External Service's terms of service.

In-App Fees & Pricing

• We may charge fees for Subscription Services or premium features. You agree to pay all applicable fees (including taxes) at the then-current rates.
• We may change fees or add new charges with advance notice (via the Platform or email).
• Refund requests for purchases made through External Services must be directed to the External Service (e.g., Apple, Google) in accordance with their policies.

Subscription Terms

• Free Trials: If a free trial is offered, it will automatically convert to a paid subscription unless canceled before the trial ends. You will be charged via your External Service Account until canceled.
• Auto-Renewal: Subscriptions renew automatically for the same term (e.g., monthly, annually) at the agreed price until canceled.
• Cancellation: You may cancel your subscription via your External Service Account. Cancellation takes effect at the end of the current billing cycle. Canceling a subscription does not delete your Account (see our Privacy Policy for Account deletion instructions).

We reserve the right to terminate your subscription immediately (without refund) if you violate these Terms.

15 User Comments & Feedback

If you submit ideas, suggestions, feedback, or other materials ("Comments") to us (via email, the Platform, or other means), you agree that we may use, copy, modify, or distribute such Comments for any business purpose without restriction, compensation, or obligation to you.

You warrant that Comments do not violate third-party rights (e.g., copyright, privacy) and do not contain unlawful, defamatory, or harmful content. You are solely responsible for the accuracy of Comments. We assume no liability for Comments submitted by you or other users.

16 Account Termination

We may suspend, limit, or terminate your Account and access to the Services at any time, in our sole discretion, without notice or liability, for:

• Violation of these Terms;
• Fraudulent or unauthorized use of the Services;
• Inactivity (as defined by our policies);
• Legal requirements or requests from authorities.

You may terminate your Account by notifying us at kangyue168@gmail.com and providing information to verify your identity. Upon termination, you must cease all use of the Services. Provisions of these Terms that by their nature survive termination (e.g., intellectual property, indemnification, dispute resolution) will remain in effect.

17 Reliance on Information

The content provided through the Services is for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of any content (including third-party content). Any reliance you place on such information is at your own risk.

Third-party content (e.g., user-generated content, linked sites) reflects the opinions of the respective authors and not ours. We are not liable for the content, accuracy, or reliability of third-party materials.

18 Links to/from the Services

• Linking to the Services: You may link to the Websites or App (where permitted) only in a fair, legal manner that does not imply our endorsement or damage our reputation. You may not frame, deep-link, or display the Services on another website without our written consent.
• Links from the Services: The Services may contain links to third-party sites ("Linked Sites"). These links are provided for convenience only. We do not endorse Linked Sites and are not liable for their content, security, or practices. Accessing Linked Sites is at your own risk.

19 Disclaimer of Warranties

20 Limitation of Liability

21 Indemnification

You agree to indemnify, defend, and hold harmless BrightVibe Media Co., Ltd., its officers, directors, employees, agents, and affiliates (the "Indemnified Parties") from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of:

• Your use or misuse of the Services;
• Your Uploaded Content or Comments;
• Your violation of these Terms or applicable law;
• Your breach of any representations or warranties in these Terms.

We reserve the right to assume exclusive defense of any claim subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

22 Governing Law

All matters relating to the Services and these Terms (including non-contractual disputes) are governed by the internal laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles.

23 Dispute Resolution (Arbitration Agreement)

(a) Scope of Arbitration

You agree that any dispute or claim arising out of or relating to:

• Your access to or use of the Services;
• Advertising or marketing for the Services;
• Products or services purchased through the Services;
• Your relationship with us;

will be resolved by binding arbitration, except that:

1. You may assert claims in small claims court (if eligible) on an individual basis;
2. Either party may seek equitable relief in court for intellectual property infringement (e.g., trademark, copyright).

This Arbitration Agreement applies to all claims arising before or after the effective date of these Terms.

(b) Informal Resolution

Before initiating arbitration, you and we agree to attempt to resolve the dispute informally. The party seeking relief must send written notice to the other (via kangyue168@gmail.com for notices to us) describing the claim, your Account details, and contact information. The parties will meet via phone or video conference within 60 days of notice to negotiate in good faith. The statute of limitations for claims is tolled during this informal process.

(c) Arbitrator Powers

The arbitrator has exclusive authority to resolve disputes over the validity or enforceability of this Arbitration Agreement. The arbitrator may award individual damages (no class relief) and issue a written decision. The arbitrator's award is final and binding, subject to limited court review under the Federal Arbitration Act.

(d) Waivers

You and we waive the right to:

• A jury trial for any disputes covered by this Arbitration Agreement;
• Participate in or bring class, collective, or representative actions (arbitration must be on an individual basis).

If this class action waiver is deemed unenforceable, the entire Arbitration Agreement will not apply to that claim (which will be resolved in court).

(e) Opt-Out Right

(f) Survival & Modification

This Arbitration Agreement survives Account termination or changes to these Terms. No future modifications to this section will apply to claims you notified us of before the modification.

24 Exclusive Venue

If a dispute is not resolved by arbitration (or falls outside the Arbitration Agreement), all claims must be litigated exclusively in the federal or state courts located in Delaware, U.S.A. You consent to personal jurisdiction in these courts.

25 Waiver & Severability

No failure by us to enforce any provision of these Terms constitutes a waiver of that provision. If any provision is deemed invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.

26 Notices

We may send notices via your Account, email (on file), or by posting to the Platform. Notices are deemed received when sent or posted.

27 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Services, superseding all prior oral or written agreements. You may not assign these Terms without our written consent; we may assign them without notice.

28 California Consumer Disclosure (Civil Code § 1789.3)

For California residents:

• Service Provider: BrightVibe Media Co., Ltd.
• Complaints: Contact us at kangyue168@gmail.com or the California Department of Consumer Affairs:

29 Contact Us