Terms of Service

Acceptance of these terms

These Terms of Service are an agreement between you and Fortune Cookie Generator ("we," "us," or "the Site") covering your use of fortunecookiegenerator.app. By using the Site you accept these terms. If you do not accept them, please do not use the Site.

You will see a notice pointing to these terms directly beneath the button that cracks a cookie, and again above the send button on the contact form. Those notices name the arbitration terms specifically, so that nobody agrees to arbitration without being told about it first.

Please read the section on disputes carefully. It requires most disagreements to be resolved by individual arbitration rather than in court, and it waives the right to a jury trial and to participate in a class action. It also gives you a limited period in which to opt out of arbitration if you would rather not agree to it.

Who may use the Site

The Site is a general-audience service and is not directed to children under 13. If you are under 13, please do not use it. If you are between 13 and the age of majority where you live, you may use the Site only with the involvement of a parent or guardian who agrees to these terms on your behalf.

By using the Site you confirm that you are able to enter into this agreement and that you are not barred from doing so under any applicable law.

What the Site is, and what it is not

Fortune Cookie Generator is a free free online novelty tool. It displays short, pre-written fortune messages and six accompanying numbers, selected at random or by the calendar date, and lets you write your own message and save it as an image. That is the whole of it.

Everything on the Site is for entertainment only. The fortunes do not predict future events and are not advice of any kind, including financial, legal, medical, employment, or relationship advice. The numbers are decorative: they are not a lottery system, they do not improve anyone's odds, and nothing here should be used for gambling or for any decision that carries real consequences.

Do not rely on anything the Site displays when making a decision that matters. Speak to someone qualified instead.

Acceptable use

You agree not to do any of the following:

• Use the Site for any unlawful purpose, or to encourage or assist anyone else in unlawful activity.
• Scrape, crawl, harvest, or otherwise extract content or data from the Site by automated means, except by a search engine operating within our robots.txt.
• Send automated, excessive, or abusive traffic, including attempts to overwhelm, degrade, or interfere with the Site or the infrastructure that serves it.
• Attempt to probe, scan, or test the vulnerability of the Site, or to breach or circumvent any security, authentication, or rate-limiting measure.
• Reverse engineer, decompile, or attempt to derive source code except to the extent that restriction is prohibited by applicable law.
• Impersonate any person or organization, or misrepresent your affiliation with anyone.
• Use the Site to infringe anyone's intellectual property, privacy, publicity, or other rights.
• Submit anything through the contact form that is unlawful, threatening, harassing, defamatory, or that contains malware.
• Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right.
• Resell, sublicense, or commercially exploit the Site or its content without our written permission.

Intellectual property and your license to use the Site

The Site, including its fortune text, written guides, design, layout, code, and branding, is owned by us or used with permission, and is protected by copyright, trademark, and other laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own non-commercial purposes. You may share individual fortunes, screenshots, and the images the Site generates, including on social media. You may not copy the fortune collection wholesale, republish substantial portions of the written content, or present the Site's material as your own. All rights not expressly granted are reserved.

Messages you write

The Site lets you type your own fortune. That text stays in your browser: it is not transmitted to us, not published, not moderated, and not stored on any server we control. You keep whatever rights you have in it, and you are responsible for what you write and for anything you then choose to share.

If you send us feedback, suggestions, or ideas, whether through the contact form or otherwise, you agree we may use them without restriction, obligation, or compensation. Please do not send us anything you consider confidential.

Availability and changes to the Site

We may change, suspend, limit, or discontinue the Site or any part of it at any time, with or without notice. We may also restrict or terminate anyone's access if we reasonably believe they have breached these terms or are placing the Site or other users at risk.

Anything you save is stored in your own browser, not by us. Clearing your browser data, switching devices, or using a private window will lose it, and no backup exists on our side.

Third-party links, services, and advertising

The Site may link to, or load services from, third parties we do not control. We are not responsible for their content, products, practices, or privacy handling, and a link is not an endorsement. Your dealings with any third party are between you and them.

The Site does not currently carry advertising or affiliate links, and we earn no commission from anything you click. If that changes, we will disclose any material connection, and the Site may then display sponsored, advertising, or affiliate-supported content and earn revenue from qualifying actions. We are not the seller of any third-party product and take no responsibility for any transaction you enter into with a merchant.

Accuracy of content

We try to keep the written material on the Site accurate, including the historical background and the guidance on writing fortunes, but we do not warrant that it is complete, current, or error-free. Content may change or be removed without notice, and any reliance you place on it is at your own risk.

Disclaimer of warranties

To the fullest extent permitted by law, the Site is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. This includes the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, or free of errors or harmful components, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted, and you may have rights that these terms cannot take away.

Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Site, whether based in contract, tort, strict liability, or any other theory, and even if we have been advised that such damages are possible.

To the fullest extent permitted by law, our total liability for all claims relating to the Site will not exceed one hundred United States dollars ($100). The Site is free, and this limit reflects that.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited. That includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and any other liability that applicable law does not permit us to limit. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Your indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your misuse of the Site, your breach of these terms, or your violation of any law or of anyone else's rights. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with us. This does not apply to the extent a claim arises from our own conduct.

Resolving disputes

Please read this section carefully. It affects how disputes between us are resolved and limits the ways you can seek relief.

Talk to us first. Before starting arbitration or filing anything, you agree to tell us about the problem in writing at hello@fortunecookiegenerator.app, describing what happened and what you would like done about it, and to give us 30 days to try to resolve it. We agree to do the same before bringing a claim against you. Most problems can be sorted out this way, and this step is a condition of starting a formal proceeding.

Arbitration. If we cannot resolve a dispute informally, you and we agree that it will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, rather than in court. The arbitrator, and not any court, decides the dispute, except that a court decides any question about the enforceability of the class-action waiver below.

Where and how. Arbitration will be conducted by telephone, videoconference, or on written submissions wherever the AAA rules allow. If an in-person hearing is required, it will take place in the county where you live or another mutually agreed location, and not in a place that would require you to travel unreasonably. Where the AAA Consumer Arbitration Rules require us to bear filing, administrative, and arbitrator fees for a consumer claim, we will pay them.

Small claims. Either of us may bring an individual claim in small claims court instead of arbitration, so long as the claim qualifies and stays in that court. Nothing here stops either party from seeking injunctive relief in court to protect intellectual property or to stop unauthorized access or abuse of the Site.

Individual basis only. You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only in favor of the individual party seeking it and only to the extent necessary to resolve that party's claim.

Jury trial. To the extent permitted by law, you and we each waive any right to a trial by jury for disputes covered by this section.

Your right to opt out. You may decline arbitration by emailing hello@fortunecookiegenerator.app within 30 days of first accepting these terms, with the subject line "Arbitration Opt-Out" and enough detail for us to identify you. Opting out costs you nothing, affects nothing else in these terms, and we will not treat you differently for doing it.

If this section fails. If the class-action waiver is found unenforceable as to a particular claim, that claim is severed from arbitration and proceeds in court, while the rest of this section continues to apply to the remaining claims. If any other part of this section is found unenforceable, it is severed and the remainder stays in effect. If arbitration is unavailable or unenforceable for a dispute, that dispute will be brought exclusively in the state courts of Wyoming or in the federal District of Wyoming, and you and we consent to the personal jurisdiction of those courts.

Consumer rights are preserved. Nothing in this section deprives you of any right you have under the law where you live that cannot be waived by agreement, including any right to bring a claim before a local court or consumer body. If you are a consumer outside the United States, the mandatory consumer-protection rules of your country of residence continue to apply to you.

Governing law

These terms and any dispute arising from them are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to the arbitration section. The Site is operated from the United States and is intended primarily for users there.

If you use the Site from another country, you do so on your own initiative and are responsible for complying with your local law. This choice of law does not deprive a consumer of the protection of mandatory rules in their country of residence.

Changes to these terms

We may update these terms from time to time. The "last updated" date at the top of this page will change when we do. If a change is material, we will make it noticeable on the Site before it takes effect rather than relying on you to notice a new date. Continuing to use the Site after a change takes effect means you accept the updated terms; if you do not, please stop using the Site.

General

• Severability. If any provision of these terms is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in full effect.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Entire agreement. These terms, together with the Privacy Policy, are the entire agreement between you and us about the Site and replace any earlier understanding on the subject.
• Assignment. You may not assign or transfer these terms. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries. These terms do not create rights for anyone other than you and us.
• Survival. The sections on intellectual property, disclaimers, limitation of liability, indemnity, disputes, and general terms survive any end to your use of the Site.

Contact

Questions about these terms, and any notice required under them, should go to hello@fortunecookiegenerator.app. There is also a contact form on the Site. Our Privacy Policy explains what happens to information when you use the Site.