Terms of service

TERMS OF SERVICE

These Terms of Service ("Agreement") govern your use and access of the digital educational products and services ("Products") offered by Soluna Digital ("we", "us", or "our"), a company incorporated in Spain, doing business as 'Soluna Digital'. By purchasing or using any of our Products, you agree to these Terms of Service, and any additional provisions incorporated herein, including our No Return/Refund Policy. If you do not agree, do not use, or access our Products.

1. PRODUCT USE: Our digital products ("Products") are solely for your personal and non-commercial use. You are permitted to use the Products in accordance with the product instructions, related documentation, and any applicable laws. This includes ensuring compliance with copyright, data protection and public decency laws, and any regulations imposed by the jurisdiction in which you use our Products. In using our Products, you expressly agree not to engage in any activity that would constitute a violation of our rights or the rights of others. This includes, but is not limited to, the unauthorized resale, sharing, redistribution, or other commercial exploitation of our Products, or any portion thereof. You may also not use the Products in a manner that could potentially damage, disable, overburden, or impair our Products, or interfere with any other party's use and enjoyment of the Products. You understand that the Products may only be accessed and used on devices or systems that meet certain technical compatibility requirements. We are not liable if you are unable to access or use the Products due to such technical compatibility issues. You recognize that use of our Products requires internet access and the use of certain software developed by us and/or our licensors. You agree to comply with any additional terms and conditions applicable to such internet access and software. The unauthorized modification, disassembly, decompiling, and reverse engineering of our Products is strictly prohibited. Furthermore, you may not create derivative works based on our Products, nor may you rent, lease, lend, or in any manner commercially exploit our Products or the access thereto. While using our Products, you are expected to refrain from any conduct that could be construed as tortuous or illegal, or which might put us at disrepute or harm any third party in any way. Any disguise or attempt at disguising, whether by alias or otherwise, your identity or contact details when using our Products is strictly prohibited. We reserve the right to take necessary action, including but not limited to terminating your access to our Products, for violation of this term of use or any other provision of this Agreement.

2. OWNERSHIP: Soluna Digital retains full and complete ownership of all right, title, and interest, including but not limited to all copyright and intellectual property rights, in and to all Products, our websites, and all copies thereof. This includes, but is not limited to, all digital educational products, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of our site. Our Products are protected by copyright, trademark, trade dress, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, you have no rights, whether by implication, estoppel, or otherwise, in or to our Products. Reproduction of the Products in any form, in whole or in part, without prior written consent from us is strictly prohibited. This includes, but is not limited to, any modification, adaptation, translation, reverse-engineering, disassembly, or conversion into human readable form of the Products. You may not lease, rent, sell, distribute, assign, sublicense, convey, transfer, pledge, or share your rights under this Agreement. Any attempted transmission or assignment in violation of this Agreement will be void and without effect. The trademarks, trade names, trade dress, logos, and service marks displayed on our site, including but not limited to our logo and name 'Soluna Digital', are registered or unregistered trademarks of Soluna Digital These trademarks, along with all associated logos or images, may not be copied, imitated, or used, in whole or in part, without our prior written permission. These Terms do not grant you any right in any copyright, trademark, or logo of ours (including but not limited to 'Soluna Digital'). Any unauthorized use of our intellectual property, including our trademarks or logos, is strictly prohibited. Nothing contained within our Products should be construed as granting, by implication or otherwise, any license or right to use any of our trademarks, copyrights, or other intellectual property without our express consent. Misuse of any trade names, trademarks, logos, or any other intellectual property associated with our Products is prohibited.

3. PRODUCT WARRANTY: Our Products are provided to you "as is" and "as available", without any kind of warranty, either express or implied, to the fullest extent permissible under applicable law. We do not guarantee, represent, or warrant that your use of our Products will be uninterrupted, timely, secure, or error-free. We expressly disclaim all warranties of any kind, whether express or implied including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the results obtained from the use of our Products will be effective, accurate, or reliable, or that the quality of our products will meet your expectations. No oral or written information or advice given by us or our authorized representatives shall constitute a warranty or in any way increase the scope of this warranty. You acknowledge and agree that your use of our Products and any reliance upon it is at your sole risk. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, our Products, and you will bear the costs of all necessary servicing, repair or correction of loss or damages that you may suffer as a result of your use of our Products. By using our Products, you agree that the exclusions and limitations of liability set out in this warranty disclaimer are reasonable. If you do not think they are reasonable, you must not use our Products.

4. LIMITATION OF LIABILITY: In no event will Soluna Digital be liable for any damages, including without limitation direct or indirect, incidental, or consequential damages, loss of profits, or data, or for any claims by third parties, arising out of your use of our products or services.

5. NO RETURN POLICY/REFUND POLICY: Due to the digital nature of our Products, all sales of digital products from Soluna Digital are final and non-refundable. We may, at our sole discretion, offer refunds under certain exceptional circumstances as explicitly detailed in our No Return/Refund Policy.

6. CHANGES TO TERMS: We may modify these terms from time to time and will provide notice of any changes on this page. By continuing to use our products and services after changes are posted, you agree to be bound by the modified terms.

7. TERMINATION: We reserve the right, at our sole discretion and without liability to you or any third party, to terminate, suspend, modify, or restrict your access to our Products, without notice and for any or no reason, including without limitation, if we believe in our sole discretion, you have breached any term of this Agreement. Upon termination: (a) All rights and permissions granted to you under this Agreement shall cease; (b) You must cease all activities authorized by this Agreement, including your use of any Products; (c) You must immediately delete or remove our Products from all devices, and immediately destroy all copies of our Products then in your possession, custody or control and certify to us that you have done so; (d) We may remotely access your devices and remove and delete our Products from them and cease providing you with access to our services. Notwithstanding termination of this Agreement, any provision of the Agreement that by its nature and context is intended to survive termination or expiry of this Agreement, shall so survive. Such provisions may include, but are not limited to, the Disclaimer of Warranties, No Return/Refund policy, Limitation of Liability, and Disputes sections. This right of termination is in addition to all other rights and remedies available to us under this Agreement or under general law.

8. DISPUTES: In the event of any disputes, controversies, differences, or claims arising from or in relation to this Agreement or concerning any of our Products or services ("Disputes"), you agree to first attempt to resolve the Dispute through good faith negotiations. If the Dispute cannot be settled through negotiations, then the Dispute shall be finally settled by binding arbitration administered by the Spanish Court of Arbitration ("SCA") in accordance with the provisions of its Domestic Commercial Arbitration Rules. The place of arbitration shall be within Spain and the arbitration shall be conducted in English. Arbitration shall comprise of one arbitrator to be appointed in accordance with the rules of the SCA. The decision passed by the arbitrator shall be final and binding upon both parties and can be enforced in any court of relevant jurisdiction. The arbitration shall commence upon serving a written notice outlining the Disputed matter and relevant details to the other party. Both parties must agree on a single arbitrator within 30 days from the date of receiving the notice, who will be appointed by the SCA. By agreeing to arbitration, you waive any right you may possess to have a dispute adjudicated by a court or jury, or to partake in a class action or representative action with respect to the Dispute. This waiver includes any right to participate as a plaintiff or as a class member in a class action suit. Although this process sets forth the resolution of Disputes, we maintain the right to seek relief in a court of competent jurisdiction over any violation of intellectual property.

10. USER REVIEWS: Any reviews, feedback, comments, or suggestions you may provide regarding our Products are entirely voluntary and we will be free to use such feedback as we see fit and without obligation to you. Under no circumstance shall we provide any sort of compensation, in cash or kind, for any reviews or feedback you choose to submit. By submitting your reviews, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the reviews globally in any media. You also grant us the right to use your username, real name, likeness, or statements in connection with such review, if we choose to do so.

11. EARNINGS AND RESULTS DISCLAIMER: Our Products are educational and informational. Whilst we strive for accuracy, we don't guarantee specific earnings or results from the use of our Products. Success depends on individual commitment, effort, business skills, and market conditions, among others. Any successful testimonials do not guarantee similar results for other users. Any projected incomes or earnings are estimates and you accept the risk of not achieving these figures. We explicitly declare that there is no guarantee, assurance, or promise for any financial gains or outcomes resulting from the application of our products. Your success, earning potential, or failure is largely dependent on various factors including but not limited to your skills, expertise, dedication, and the intensity of effort invested in implementing and executing the techniques and strategies presented in our products. We take no accountability or responsibility for your personal or business successes or failures after using our products. The information provided within them does not constitute professional advice and should not be solely relied upon as such. By going forward with purchasing our products, you confirm your understanding that any levels of success or accomplishment are dependent on your individual diligence, commitment, and actions. These terms and conditions, along with any additional terms referenced herein, constitute the entire agreement between the parties with respect to the matters herein and it supersedes all prior oral and written understandings, communications or agreements not specifically incorporated. Continuation of use reaffirms your commitment to abide by the terms stated. Any queries or notices regarding these terms should be made at info@soluna-digital.com