TERMS OF USE

Effective date of this version: July 1, 2024

BY JOINING, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMERS:

1. BINDING EFFECT

a. This is a binding agreement (hereinafter referred to as the “Agreement”). By using the site at www.raqsoul.com (the “Site”) or any materials or services provided in connection with the Site (hereinafter referred to as the “Service”), you agree to abide by these terms and conditions, as they may be amended by a solo entrepreneur Mercedes Nieto (hereinafter referred to as the “Company”, “we”, “us”, “our”) from time to time in its sole discretion. The address of the registered office of the Company is Mercedes Nieto Oriental Art - Nietó Mercédesz, 1055 Budapest, Szent István krt. 17.

b. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

c. You agree to pay, and authorize automatic recurring billing of, the subscription fee with your credit card, or other payment methods, until subsequently canceled. You understand and agree that each automatic recurring billing of the subscription fee is not refundable and will not be prorated. You authorize the Company to initiate debit entries from the account provided and for the subscription fee, as well as any other purchases made on the Site.

d. The Company reserves the right to change the subscription fee from time to time.

2. PRIVACY POLICY 

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking here.

The Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to submit information to use or access the Site or Service, you must complete the registration process by providing the information requested on the form. You agree to the terms provided in the Company’s Privacy Policy regarding the use of this information you submit.

3. LICENSE

The Company owns and licenses all intellectual property and other rights, title, and interest in and to the Site or Service, and the materials accessible on the Site and through the Service, except as expressly provided for in this agreement. Without limitation, the Company owns trademarks, copyrights, and certain technology used in making the Site and Service available. You acquire only those rights, title or interest that is expressly conveyed. We grant you a limited revocable license to access and use the Site and our Service for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Site or through the Service for purposes that the Company prohibits or to compete with the Company. If you use the Site or our Service in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately

4. PROHIBITED USE OF OUR PLATFORMS

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:
a) copy, adapt, alter, modify or translate our Platforms in whole or in part, or combine or merge our Platforms with any other object code or program;
b) reverse engineer, decompile, disassemble, reduce the object code of our Platforms to source code form or create (or attempt to create) derivative works based on the whole or any part of our Platforms, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and
  • is not used to create any software that is substantially similar in its expression to our Platforms.
  • is kept secured; and
  • is used only in accordance with applicable law

​c) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Platforms or your right to use our Platforms;

d) incorporate our Platforms into another service or website or make it available via framing or mirrors;

e) extract any data or metadata from our Platforms nor create any index or database incorporating any part of it;

f) use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool;

g) do anything that may cause damage to our Platforms or carry out any harmful or illegal activities using our Platforms;

h) use any robot, spider or other automated device or process to access Platforms for any purpose or copy any material;

i) use our Platforms in any manner not expressly authorized by these Terms and for any commercial purpose or revenue-generating endeavor;

j) publish, post, upload or distribute user content (it may be any material, information, data, or other content that is generated, created, uploaded, submitted, or otherwise provided by users. This content can include text, images, videos, audio recordings, files, comments, messages, and any other form of digital or multimedia content that users contribute to our Platforms hereinafter referred to as “User Content”) or content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically, or otherwise objectionable, or in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose us or our users to any harm or liability of any type and/or publish, post, upload, distribute or in any other way use content, the use of which or the content itself violates the intellectual and/or other rights of third parties;

k) remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Platforms or infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Platforms.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (hereinafter collectively referred to as “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT

a. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully 6 with any law enforcement officials or agencies in the investigation of any violation of these terms and conditions or of any applicable laws.

b. The Company reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site and Service. If the Company determines, in its sole and absolute discretion, that a user has or will breach a term or condition of this Agreement or that such transaction or communication is inappropriate, the Company may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

7. COPYRIGHT INFRINGEMENT

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information:

a. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

c. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;

d. information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. You represent and warrant that:

(i) you have full power and authority to enter into and perform under this Agreement, (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which you are bound, (iii) the terms of this Agreement are a legal, valid, and binding obligation, enforceable in accordance with these terms and conditions.

9. NO WARRANTIES

The company hereby disclaims all warranties. The company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

10. MEDICAL DISCLAIMER

While we do our best to provide you with useful information, please remember that our platforms are software and not a human doctor or physical medical device. Our platforms are provided for informational purposes only. They do not involve the provision of medical care, diagnosis, treatment, evaluation or therapy related to exercise, nutrition, weight loss, wellness, mental health and should not be used to diagnose, treat or manage any injury, illness, disease or condition. Our platforms are not intended for use by medical personnel.

The exercises provided via our platforms are for educational purposes only and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and this or any other exercise program may result in injury. To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with our platforms.

The information provided on the platforms is not intended to and should not be used as a substitute for (a) professional medical advice from your doctor or other qualified healthcare provider; (b) face-to-face consultation with your doctor or other qualified healthcare provider; and/or (c) information provided on product packaging or labels. If you have any health concerns, it is important to consult your physician or other qualified healthcare provider immediately. In the event of an emergency, please contact the emergency services in your country of residence immediately.

The exchange of content, in whole or in part, by email or otherwise, does not create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.

You agree, confirm and acknowledge that the information provided by our platforms will always be based on the information that you have provided to us through the platforms. It is your responsibility to ensure that this information is accurate and complete and you accept that any failure to do so (whether intentional or not) may affect the information we are able to provide to you and may have consequences for which we are not responsible.

You should never rely on or make decisions about your health or well-being based solely on information provided on our platforms. In addition, you should always seek advice by making a face-to-face appointment with a licensed and qualified professional. It is important that you never disregard medical advice or delay seeking medical attention based on any content provided on the platforms.
You agree, confirm and acknowledge that although our platforms may provide useful information, we cannot assess whether the use of the platforms is right and appropriate for your needs. We make no promises as to the achievement of any particular level of success. We are not liable for any positive or negative results from the use of our platforms. We are not responsible for any inadvertent errors or omissions in the app content provided, nor are we responsible for any ethical or moral violations related to the fitness information presented here, according to the standard of your community.

There is always the risk of physical injury when participating in any exercise or dance program. If you engage in home practice and online videos, you agree that you do so at your own risk, that you are voluntarily participating in these activities and that you assume all risk of injury to yourself or others in your locality.

We strongly recommend that you risk assess the environment that you will be performing these exercises in and make sure they are clear of hazards.

11. LIMITED LIABILITY

The company’s liability to you is limited. To the maximum extent permitted by law, in no event shall company be liable for damages of any kind arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

12. LEGAL NAMES

Your legal first and last name is required to be assigned to your account. A legal company name can be attached to your account along with your legal first and last name. Your legal first and last name may be used in accordance with the Privacy Policy.

13. RELATED SITES

a. The Company has no control over, and no liability for any third-party Sites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these terms and conditions shall govern your use of any and all third-party content.

b. The Company, its managers, or members may receive an affiliate commission when you purchase some of the products or services that we recommend on our Site or Service. By entering into this Agreement, you acknowledge that your have been informed of such payments, consent to payments of affiliate commission to, and that such payments are fair and reasonable

14. NOTICES

All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) regular mail, (ii) overnight courier, or (iii) electronic mail. If the Company provides notice to you, the Company will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by delivery by regular mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

15. INDEMNITY

a. You agree to indemnify, defend, and hold the Company, its managers, members, officers, directors, employees, consultants, agents, and representatives harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and related costs, which: 1) arise solely or in part from your act(s) or omission(s); or 2) arise from or are related to a breach you of any express warranty contained herein.

b. If any action is brought against the Company in respect to any allegation for which indemnity may be sought, the Company will promptly notify you of any such claim of which it becomes aware and will: 1) provide reasonable cooperation to you at the Company’s expense in connection with the defense or settlement of any such claim; and 2) be entitled to participate at its own expense in the defense of any such claim.

c. The Company agrees that you will have sole and exclusive control over the defense and settlement of any such third party claim. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without the prior written consent of Company.

16. GOVERNING LAW

These terms and conditions shall be construed in accordance with and governed by the laws of Hungary, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Hungary in all disputes arising out of or related to the use of the Site or Service.

17. SEVERABILITY & WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. MODIFICATIONS

The Company may, in its sole discretion and without prior notice, (a) revise these terms and conditions; (b) modify the Site or the Service; and (c) discontinue the Site or Service at any time. The Company shall post any revision to these terms and conditions to the Site, and the revision shall be effective immediately on such posting. In the event of substantive changes to this Agreement, the new terms will be posted to the Site, you will be required to affirmatively assent to its terms. If any modification is unacceptable to you, your only recourse is not to use the Site and Service and to request an immediate termination of your membership. Your continued use of the Site or our Service following posting of a change notice or new Agreement on the Site will constitute binding acceptance of the changes. 

19. MISCELLANEOUS

This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by you without the Company’s prior written consent. This Agreement contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee employer relationship is intended or created by this Agreement.
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