Terms of Use

Effective Date: March 17, 2025

Introduction

Welcome to Spa by Soul (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of spabysoul.com, including any content, functionality, and services offered on or through the website (the “Website”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any services.

1. Eligibility

You must be at least 18 years old to use this Website. By using this Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Use of the Website

2.1 Informational Purposes Only

Spa by Soul provides content related to wellness, beauty, and lifestyle for informational and educational purposes only. The content on this Website is not intended as medical, professional, or legal advice, and should not be used as a substitute for professional consultation. You should always seek the advice of a qualified professional for specific guidance regarding your individual situation.

2.2 Acceptable Use

You agree to use this Website responsibly and in accordance with all applicable laws and regulations. You agree not to:

• Use the Website in any way that violates any applicable local, state, national, or international law or regulation
• Use the Website to transmit or send unsolicited commercial communications
• Impersonate or attempt to impersonate Spa by Soul, a Spa by Soul employee, another user, or any other person or entity
• Engage in any activity that interferes with or disrupts the Website (or the servers and networks connected to the Website)
• Attempt to gain unauthorized access to parts of the Website, other users’ accounts, or computer systems or networks connected to the Website
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Harvest or collect email addresses or other contact information of users from the Website
• Use data mining, robots, or similar data gathering and extraction methods on the Website

2.3 Account Security

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

3. Intellectual Property Rights

3.1 Ownership

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, icons, HTML code and XML code, as well as all copyright, trademark, and other rights in such materials, is owned by Spa by Soul or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

3.2 Limited License

Subject to your compliance with these Terms, Spa by Soul grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Website. This license does not include:

• Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information or content obtained from the Website
• Using any data mining, robots, or similar data gathering and extraction methods
• Downloading or copying any account information for the benefit of another merchant
• Using the Website or its contents for any commercial purpose
• Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form)
• Using any meta tags or any other “hidden text” utilizing Spa by Soul’s name or trademarks

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

4. User Contributions

4.1 User Content

If you post, upload, input, submit, or otherwise transmit content on the Website (including comments, reviews, or forum posts), you grant Spa by Soul and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

4.2 User Conduct

You agree that all information or content that you submit to the Website is accurate, truthful, and compliant with these Terms. You further agree not to submit content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation
• Impersonates any person or entity or misrepresents your affiliation with a person or entity

4.3 Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any content for any reason at our sole discretion
• Take any action with respect to user-submitted content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Terminate or suspend your access to all or part of the Website for any violation of these Terms

5. Third-Party Links and Content

5.1 Third-Party Websites

The Website may contain links to third-party websites, resources, advertisers, or sponsors. These links are provided solely as a convenience to you and not as an endorsement by Spa by Soul. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5.2 Third-Party Content

We may display content from third parties through the Website, including advertisements. You understand that we do not control, endorse, or adopt any third-party content and shall have no responsibility for any third-party content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.

6. E-Commerce Terms

6.1 Products and Services

Spa by Soul may offer products or services for purchase through the Website. All purchases made through the Website are subject to our order acceptance. We may, at our sole discretion, refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

6.2 Pricing and Payment

All prices displayed on the Website are subject to change without notice. We are not responsible for pricing, typographical, or other errors, and reserve the right to cancel any orders arising from such errors. Payment must be received prior to acceptance of an order. We accept credit cards and other forms of payment as indicated during the checkout process.

6.3 Shipping and Delivery

Shipping and delivery terms are as specified at the time of purchase. We are not liable for delays in shipping or delivery that are beyond our reasonable control.

7. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPA BY SOUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SPA BY SOUL MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

IN NO EVENT SHALL SPA BY SOUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPA BY SOUL SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Spa by Soul, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Website; (2) your violation of any term of these Terms; (3) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (4) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

10. Changes to These Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

11. Termination

We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third party, or us.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [YOUR STATE/COUNTRY], without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of [YOUR STATE/COUNTRY] or the courts of [YOUR COUNTY AND STATE/COUNTRY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Waiver and Severability

No waiver by Spa by Soul of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spa by Soul to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Entire Agreement

These Terms, our Privacy Policy, and any terms and conditions of sale constitute the sole and entire agreement between you and Spa by Soul with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

15. Contact Information

Questions or comments about the Website or these Terms of Use should be directed to:

Email: [costumer@spabyoul.com] Website: spabysoul.com