TERMS OF USE

These Terms of Use, together with the Privacy Policy available here (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.

This Agreement constitutes a legal agreement between you (“you” or “User”) and Sano Soul trading as Liis MVA OÜ (“Sano Soul”, “we”, “our” or “us”). This Agreement governs your use of our services, our content, our website located at www.sanosoul.com as they may be modified, relocated and/or redirected from time to time (jointly, the “Site”). Our services, content, Site, and publication are collectively referred to as the “Sano Soul Platform”.

By using the Sano Soul Platform you hereby agree to be bound by the terms and conditions of this Agreement.

Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the Sano Soul Platform. Sano Soul’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the Sano Soul Platform, you represent and warrant that: (i) you are at least 18 years old or the legally required age to contract in the jurisdiction in which you reside, whichever is greater, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.

To the extent permitted and except where prohibited by applicable law, this Agreement includes:

• Your agreement that the Sano Soul Platform is provided “as is” and without warranty (Section 14).
• Your agreement to release Sano Soul from liability based on claims relating to the Sano Soul Platform and otherwise (Section 14).
• Your agreement to indemnify Sano Soul from claims due to (a) your use or inability to use the Sano Soul Platform; (b) your violation of this Agreement, applicable laws or third-party rights, and/or content; or (c) information submitted from your account to the Sano Soul Platform (Section 15).
• Your agreement that either party may compel binding arbitration for most types of disputes (Section 16).
• Your consent to any modifications or amendments to this Agreement (Section 21).
• Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

TABLE OF CONTENTS

1. Use of Sano Soul Electronic Publication
2. Order and Payment Information
3. Medical Disclaimer; References
4. Emails
5. Personal Information; User Accounts
6. Links to and Plug-Ins for Other Websites or Media
7. Community Areas
8. Prohibited Conduct on the Sano Soul Platform
9. Special Promotion; Gift Codes
10. Intellectual Property Rights
11. Copyright Complaints and Copyright Agent
12. Mobile Devices
13. Modification to the Sano Soul Platform
14. Disclaimer of Warranties; Limitation of Liability
15. Indemnification
16. Mutual Arbitration Agreement
17. Governing Law; Jurisdiction
18. Assignment
19. Term and Termination; Survival
20. General Provisions
21. Changes to this Agreement
22. Contact Information

1. Use of Sano Soul Electronic Publications
2. The Following terms have the following meaning:
3. Sano Soul Electronic Publications. Sano Soul creates publications and other content including, but not limited to, exercise guides, recipe collections, and fitness tips, in electronic format (“Sano Soul Electronic Publications”). The electronic format includes Portable Document Format (“PDF”), eBooks, and any electronic format now known or hereafter developed. Sano Soul licenses, but does not sell, Sano Soul Electronic Publications through the Sano Soul Platform. Sano Soul generally licenses Sano Soul Electronic Publications for Payment (defined below), but, on occasion, Sano Soul licenses Sano Soul Electronic Publications as part of a Sano Soul promotion.
4. Authorized User. An “Authorized User” is a natural person who has submitted Payment for a license or who qualifies for a promotion to use a Sano Soul Electronic Publication.
5. License to Sano Soul Electronic Publications. Upon sending a copy of a Sano Soul Electronic Publication to an Authorized User, Sano Soul hereby grants the Authorized User the following rights (the “License”), for personal use only, to:
6. Download one copy of the Sano Soul Electronic Publication onto each of the Authorized User’s personal mobile devices, laptop, or other computer;
7. Make one back-up copy of the Sano Soul Electronic Publication;

iii. Print one hard copy of the Sano Soul Electronic Publication and print an additional hard copy if the previously printed hard copy is destroyed or otherwise rendered unusable; and

1. Access and view these electronic or hard copies indefinitely or until the license terminates, whichever occurs first.

An Authorized User’s License to use a Sano Soul Electronic Publication automatically terminates when the Authorized User violates any of the terms of the License. Sano Soul reserves all rights to the Sano Soul Electronic Publications (such as rights under intellectual property law) not expressly granted in the License. For example, the License does not grant a right to: (i) use a Sano Soul Electronic Publication for commercial use in any manner; (ii) distribute a Sano Soul Electronic Publication to any person; (iii) modify a Sano Soul Electronic Publication; or (iv) share a Sano Soul Electronic Publication with or display a Sano Soul Electronic Publication to any person.

1. Sano Soul Rights; Enforcement. Use of a Sano Soul Electronic Publication in violation of this License infringes Sano Soul’s rights, including its intellectual property rights. VIOLATION OF SANO SOUL’S INTELLECTUAL PROPERTY RIGHTS IN SANO SOUL ELECTRONIC PUBLICATIONS IS A CRIME and may result in civil and criminal liability. Sano Soul may encrypt, force a password, and stamp license details (including customer name, address, order number, etc.) (“Mark”) on Sano Soul Electronic Publications for the purpose of preventing infringement. Sano Soul’s failure to Mark or to enforce its rights in Sano Soul Electronic Publications is not a waiver of Sano Soul’s rights in Sano Soul Electronic Publications.
2. Order and Payment Information.
3. Payments. If you use the Sano Soul Platform or other means to purchase a License, gift code, or other Sano Soul product or service, payment in full of the price required for the purchase of the product or service (“Payment”) must be received by Sano Soul prior to Sano Soul’s acceptance of an order, unless otherwise agreed by Sano Soul. Sano Soul may need to verify information you provide before Sano Soul accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is canceled or limited, Sano Soul will refund any payment you made for the Sano Soul product or service that will not be sent due to cancellation or limitation of an order in the same tender as the original purchase. Sano Soul expressly conditions its acceptance of your order on your agreement to this Agreement.
4. Pricing. Sano Soul cannot confirm the price of a product or service until you order. Despite our best efforts, items on the Sano Soul Platform may be mispriced. If the correct price of an item sold by Sano Soul is higher than our stated price, Sano Soul will, at our discretion, either contact you for instructions before sending or cancel your order and notify you of such cancellation.
5. Transmission of Sano Soul Electronic Publications. To receive a Sano Soul product or service, you must provide an email address and other contact information requested during the ordering process. Upon Sano Soul’s acceptance of an order for a Sano Soul Electronic Publication (and if Sano Soul does not cancel or limit the order) or decision to send an Authorized User a promotional version of a Sano Soul Electronic Publication, Sano Soul will send the Sano Soul Electronic Publication to the contact information provided by the Authorized User. If you do not receive the product or service sent by email or other electronic means, first check the spam filter to your electronic inbox. If you still do not find the product or service, promptly contact Sano Soul at info@sanosoul.com or via www.sanosoul.com/contact. Sano Soul will, in its sole discretion, attempt to resend or refund your payment. Please retain your order number to facilitate communications with Sano Soul regarding your order. Sano Soul may, in its sole discretion resend a copy of a Sano Soul Electronic Publication to an Authorized User if the Authorized User’s copies are destroyed or otherwise rendered unrecoverable.
6. Accuracy of Order And Payment Information. When ordering a product or service through the Sano Soul Platform or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account or other electronic communications account you provide to Sano Soul is registered to you. You further certify that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate. Sano Soul shall have the right to bar your access to, and use of, the Sano Soul Platform if Sano Soul reasonably believes that you have provided untrue, inaccurate, not current, or incomplete information to Sano Soul, or for any other reason Sano Soul, in its sole discretion, deems appropriate. You agree that your placement of an electronic order on the Sano Soul Platform is sufficient to satisfy any applicable statute of frauds, and no further writing is required.
7. Third-Party Payment Processors. Sano Soul will use third-party services to process payment information. Please read the terms and conditions for the payment method you choose. For example, for Pay Pal visit www.paypal.com for Stripe visit www.stripe.com.
8. Pricing; Location. All prices on the Sano Soul Platform are listed in Euros. Sano Soul’s products and services may be subject to a tax which will be applied to your order total. 
9. Medical Disclaimer; References.

The general information in the Sano Soul Platform is not intended to diagnose any medical condition or to replace your healthcare professional. Always consult your healthcare professional before beginning any exercise or dietary program and to select appropriate exercises. If you experience any symptoms of weakness, unsteadiness, light-headedness or dizziness, chest pain or pressure, nausea, or shortness of breath, immediately consult your healthcare professional. 

Sano Soul’s descriptions of, or references to, products or services not owned by Sano Soul on, or outside of, the Sano Soul Platform do not imply endorsement of that product or service, or constitute a warranty, by Sano Soul.

4. Emails.

Sano Soul may send you confirmation and other transactional emails regarding the Sano Soul Platform. Sano Soul may also send you emails about products or services that we think might interest you (“Marketing Emails”). You can unsubscribe from Marketing Emails at any time by clicking unsubscribe in Sano Soul’s email communications [or by contacting us as described in Section 22].

5. Personal Information; User Accounts.
6. Collection of your Personal Information. Some of the materials available on the Site may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a User name, email address or screen name that (i) is already being used by someone else; (ii) may be construed as impersonating another person; (iii) belongs to another person; (iv) violates the intellectual property or other rights of any person; (v) is offensive; or (vi) we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is false or inaccurate, not current, or incomplete, or if we suspect that your information is false or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personal information supplied hereunder will be handled subject to the terms of the Privacy Policy found at www.sanosoul.com/privacy-policy.
7. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Site. You are solely and fully responsible for all activities that occur using your password or account. Sano Soul has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability resulting from such unauthorized use. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.sanosould.com/contact or as described in Section 22. Nothing in this section shall affect Sano Soul’s rights to limit or terminate the use of the Sano Soul Platform, as provided below in Section 20(b).
8. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
9. Links to and Plug-Ins from Other Web Sites or Media.

Links (such as hyperlinks) from the Sano Soul Platform to, and plug-ins from, sites or applications owned, operated or controlled by third parties (collectively, “Third-Party Sites”) do not constitute the endorsement by Sano Soul of the Third-Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Sano Soul does not control any Third-Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-Party Sites. The use of any Third-Party Site is governed by the terms and conditions of use and privacy policy of that Third-Party Site. YOU ACCESS THIRD-PARTY SITES AT YOUR OWN RISK. SANO SOUL EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD SANO SOUL HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD-PARTY SITES.

7. Community Areas.

The Sano Soul Platform may contain blogs, message boards, applications, photograph upload portals, reviews, chat areas, news groups, forums, communities, and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the Sano Soul Platform will be public. Sano Soul will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Content” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Sano Soul Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Content, and Sano Soul is merely a passive conduit for your online distribution and publication of Your Content. You hereby represent and warrant that Your Content; (a) will comply at all times with this Agreement, including but not limited to Section 9 (Prohibited Conduct on the Sano Soul Platform) below; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of Sano Soul’ Internet Service Providers (ISPs), customers, or other partners or suppliers.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute all of Your Content that you posted to Community Areas, including but not limited to all images, videos, musical works and text included in such postings in any and all media, including, without limitation, social media, printed publications, presentations, promotional materials, events and associated marketing materials, videos, or web sites, in connection with and/or as part of our business, including in connection with and/or in any advertising in perpetuity throughout the world as Sano Soul in its sole discretion sees fit without further consent or payment. Sano Soul has all right, title, and interest in any and all results and proceeds from such use of Your Content. Sano Soul has the right to transfer the aforementioned rights to use Your Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Sano Soul may alter, adapt, or edit Your Content and any further material created under this Agreement, and market and exploit it entirely at Sano Soul’s sole discretion. Sano Soul is not obliged to make any use of Your Content or exercise any of the rights granted by this Agreement.

8. Prohibited Conduct on the Sano Soul Platform.

Users shall NOT use the Sano Soul Platform (including but not limited to any Community Areas) to do any of the following:

1. Upload files that contain viruses, Trojans, corrupted files, or any other similar software that may damage the operation of another’s computer;
2. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party;
3. Use the Sano Soul Platform for any purpose or in any manner that is in violation of local, state, national, or international law;
4. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, obscene, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items;
5. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or sales of products or services through the Sano Soul Platform without express written permission from us;
6. Use the Sano Soul Platform to collect usernames and/or email addresses of members by electronic or other means without Sano Soul’s express prior written consent;
7. Conduct or forward surveys, contests, pyramid schemes, or chain letters;
8. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account;
9. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited;
10. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Sano Soul Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Sano Soul Platform in any manner, or attempt to do any of the foregoing;
11. Use, frame, or utilize framing techniques to enclose any Sano Soul trademark, logo, or other proprietary information (including the images found at the Sano Soul Platform, the content of any text, or the layout/design of any page or form contained on a page) without Sano Soul’s express written consent;
12. Deeplink to the Site without Sano Soul’s express written consent;
13. Register to use the Site under different usernames or identities, after Sano Soul has suspended or terminated your use of the Sano Soul Platform;
14. Mirror or archive any part of the Sano Soul Platform or any content or material contained on the Sano Soul Platform without Sano Soul’s written permission.
15. Use the Sano Soul Platform in any other way that, in Sano Soul’s sole discretion, is injurious to Sano Soul, third parties, or otherwise objectionable.
16. Special Promotions; Gift Codes.
17. Changes to Promotions. Sano Soul may from time to time provide certain promotional opportunities to Users. All promotions will be run at Sano Soul’s sole discretion, and can be activated, modified or removed at any time by us without advance notification.
18. Gift Codes. Sano Soul E-Gift Cards (“Gift Codes” or “Codes”) are issued and managed by Sano Soul and can be applied in full or in part only to purchases of Sano Soul products and services on the Sano Soul Platform. Codes purchased in the European Economic Area may be redeemed for online purchases only in the European Economic Area, its territories, and possessions.

You agree that you will comply with all Gift Code terms. Gift Code(s) must be presented at the time of purchase and available balance will be applied to your purchase. If Gift Code holder’s purchase exceeds the amount of that Gift Code’s balance, the Gift Code holder must pay the difference by another means.

Codes are not subject to fees or expiration dates unless otherwise specified in connection with certain promotional or charitable Codes. Purchases of Gift Codes are final, and Codes are non-refundable. Codes are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, or resold. Codes may not be combined with any other promotion or offer, used for previous purchases, credits, or the purchase of gift codes or gift cards. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Code. Unused balances are not transferable. Gift Codes have no cash value and are not redeemable for cash except where required by law.

Sano Soul is not responsible for lost or stolen Codes. Risk of loss and title for Codes passes to the purchaser upon transfer or electronic transmission to the recipient. For avoidance of doubt, such recipient may not always be you. A Gift Code is void if fraudulently copied, altered, transferred, purchased, or sold. Sano Soul reserves the right to limit quantities of Gift Codes purchased by any person or entity and to cancel a Gift Code if we believe that the Gift Code was obtained through fraudulent or unauthorized means. Sano Soul reserves the right to close accounts and/or request alternative forms of payment if a Code is fraudulently obtained or used.

Unused Gift Code balances are not transferable. Sano Soul reserves the right to correct the balance of a Gift Code if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.

Purchase, redemption, and use of Codes are subject to this Agreement and other Sano Soul terms or policies in effect at the time, as applicable, and use of the Gift Code constitutes acceptance thereof. Sano Soul or our service providers may disclose to the purchaser of a Code whether or not the recipient has redeemed the Code. Applicable terms and conditions are subject to change without notice. If the laws pertaining to this Gift Code require additional or different terms or conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.sanosoul.com/contact or as described in Section 22.

1. Coupon codes. Each coupon is identified by a Coupon Code that has different requirements and different expiration dates. Limit of one coupon per household. Coupons are intended for single use only. Coupons are applicable to Visa, MasterCard, American Express or Pay Pal purchases only for non-sale items. Certain items may not be eligible for discount including but not limited to non-sale items and new items which, by law, cannot be sold at a discount in certain countries. A coupon cannot be used to pay for taxes, shipping and handling or other charges.  Other restrictions and exclusions may apply. Coupons are void where prohibited.
2. Intellectual Property Rights.

The Sano Soul Platform, and the information, data, content, and materials, which it contains, including the Sano Soul Electronic Publications (“Sano Soul Materials”), are the property of Sano Soul and/or its affiliates and licensors, excluding Your Content, which Sano Soul has a right to use as described in Section 8 above. The Sano Soul Materials are protected from unauthorised copying and dissemination by European copyright law, trademark law, international conventions, and other intellectual property laws. Sano Soul and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all rights, title and interest in and to all intellectual property rights associated with the Sano Soul Materials. Any use of Sano Soul Materials, other than as expressly permitted herein, is prohibited without the prior permission of Sano Soul and/or the relevant right holder. The service marks and trademarks of Sano Soul, including without limitation Sano Soul and sanosould.com are owned by Sano Soul. Any other trademarks, service marks, logos and/or trade names appearing on the Sano Soul Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Sano Soul Platform without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent.

Sano Soul respects the intellectual property of others, and expects Users to do the same. Sano Soul will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on the Sano Soul Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Sano Soul a properly submitted copyright notice as indicated below, Sano Soul will investigate, and if it determines, in its discretion, that the material is infringing, Sano Soul will remove the content and may terminate the access of the User who posted such content to the Sano Soul Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

(a) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included;

(b) A statement specifically identifying the location of the infringing material, with enough detail that Sano Soul may find it on the Sano Soul Platform. Please note: it is not sufficient to merely provide a top level URL;

(c) The complete name, address, telephone number and e-mail address of Complainant;

(d) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law;

(e) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorised to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and

(f) A physical or electronic signature of a person authorised to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

Sano Soul’s contact information for notice of alleged copyright infringement is described in Section 22.

12. Mobile Devices   The Sano Soul Platform may allow you to access our services, upload content to the Sano Soul Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
13. Modifications to the Sano Soul Platform.

Sano Soul reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Sano Soul Platform or any content or information on the Sano Soul Platform with or without notice. Sano Soul will not be liable to any party for any modification or discontinuance of the Sano Soul Platform.

14. Disclaimer of Warranties; Limitation on Liability.

THE SANO SOUL PLATFORM, SANO SOUL MATERIALS, GIFT CODES, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SANO SOUL PLATFORM ARE PROVIDED BY SANO SOUL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SANO SOUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SANO SOUL PLATFORM, SANO SOUL MATERIALS, GIFT CODES PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SANO SOUL PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SANO SOUL PLATFORM IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SANO SOUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SANO SOUL DOES NOT WARRANT THAT THE SANO SOUL PLATFORM, GIFT CODES, SANO SOUL MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SANO SOUL PLATFORM, SANO SOUL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SANO SOUL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN THE EVENT THAT A GIFT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND SANO SOUL’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CODE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SANO SOUL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, ARISING FROM THE USE OF THE SANO SOUL PLATFORM, GIFT CODES, SANO SOUL MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SANO SOUL PLATFORM, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SANO SOUL EXCEED THE AMOUNT YOU PAID SANO SOUL, IF ANY, IN THE PAST YEAR FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.

BY USING THE SANO SOUL PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SANO SOUL PLATFORM.

YOU ACCEPT THAT, AS A CORPORATION, SANO SOUL HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST SANO SOUL’ S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS, OR DAMAGE ARISING OUT OF YOUR USE OF THE SANO SOUL PLATFORM, A GIFT CODE, THE SANO SOUL MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SANO SOUL PLATFORM. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE SANO SOUL’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND SUB-CONTRACTORS, AS WELL AS SANO SOUL.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Indemnification.

You hereby agree to indemnify, defend, and hold harmless Sano Soul, its licensors, and each such party’s directors, officers, parent organisations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages, or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) your use of or inability to use the Sano Soul Platform; (b) your violation of this Agreement, (c) your violation of any applicable law or regulation; d) your violation of the rights of another; or (e) Your Content. Sano Soul reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Sano Soul.

16. Mutual Arbitration Agreement.  Covered Claims. YOU AND SANO SOUL MUTUALLY AGREE THAT ALL CLAIMS OR DISPUTES, PAST, PRESENT, OR FUTURE, THAT YOU MAY HAVE AGAINST SANO SOUL OR THAT SANO SOUL MAY HAVE AGAINST YOU, INCLUDING ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR A VIOLATION OF THIS AGREEMENT, UNLESS SPECIFICALLY EXCLUDED BELOW, SHALL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY A JUDGE OR JURY OR ANY OTHER ADJUDICATORY PROCEEDING (“Arbitration Agreement”).d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”).
17. Governing Law; Jurisdiction.

This Agreement is governed and interpreted pursuant under the laws of exclusive jurisdiction of Estonian Court and the Estonian court system. 

18. Assignment.

This Agreement may not be assigned or transferred by you without Sano Soul’s prior written approval. Sano Soul may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary corporation, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 18 shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

19. Term and Termination; Survival.  Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us. Termination by Sano Soul. Sano Soul may terminate this Agreement or terminate or suspend your right to use the Sano Soul Platform at any time for any or no reason (including, without limitation, in the event that Sano Soul believes that you have breached this Agreement or any policy posted on the Sano Soul Platform, or if Sano Soul otherwise finds that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us. Termination will be effective immediately upon such notice. Sano Soul will refund in full any payments for Sano Soul orders that have not been delivered. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Sano Soul Platform, provided that you do not owe payment for any Sano Soul’s products and services. If you attempt to terminate this Agreement while there are orders outstanding, your termination of the Agreement will automatically cancel your orders. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 1, 11 and 15-22, shall so survive.
20. General Provisions.

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Sano Soul with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Sano Soul. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Sano Soul, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Sano Soul shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Sano Soul’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.

21. Changes to this Agreement.

Except for Section 17 of this Agreement, which may only be modified with your agreement after notice of the modification, Sano Soul reserves the right, in our sole and absolute discretion, to make changes to any of the terms and conditions of this Agreement at any time. If we change the terms and conditions of this Agreement, we will post those changes on this page and update the date below. If we materially change the terms and conditions of this Agreement, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Sano Soul Platform. Your continued use of the Sano Soul Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

22. Contact Information.

If you have any questions regarding this Agreement, please contact us at info@sanosoul.com or by mail at:

Liis MVA OÜ

Muratsi, Saaremaa Vald

Estonia, 93859

For disputes concerning copyright infringement under Section 12 of this Agreement, please contact:

Email: info@sanosoul.com

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE SANO SOUL PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: July 5th, 2024