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Terms of Use and Privacy Policy

Teampulse/Raccoon.Recovery
V0.1 TERMS OF USE
These Terms of Use were posted on August 20, 2023 and are effective for new and existing Users of
Raccoon.Recovery or Teampulse.
THESE TERMS OF USE INCLUDE A BINDING ARBITRATION CLAUSE. THIS PROVISION AFFECTS YOUR
RIGHTS TO RESOLVE DISPUTES WITH RACCOON AND YOU SHOULD REVIEW IT CAREFULLY. YOUR
CHOICE TO ACCESS OR USE THE APPLICATION OR WEBSITE TOOLS CONSTITUTES YOUR AGREEMENT
TO THESE TERMS OF USE AND ACKNOWLEDGEMENT OF OUR PRIVACY POLICY, WHICH IS
INCORPORATED INTO THE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF USE,
THEN YOU ARE NOT PERMITTED TO USE OUR APPLICATION OR WEBSITE TOOLS.
Please feel free to contact us through our Support Service if you have any questions or suggestions.

  1. KEY DEFINITIONS
    “Data” means all types of data mentioned hereof including, but not limited to User Data and Personal Data;
    “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or
    non-registrable, registered or unregistered, including any application or right of application for such rights including
    but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how,
    business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents,
    petty patents, utility models, semi-conductor topography rights and rights in designs;
    “Personal Data” has the meaning given to it in the Data Protection Laws applicable in the EU/USA from time to
    time;
    “Support Services” means 24/7 User support in relation to the use of, and the identification and resolution of
    errors in the Application or Website tools;
    “Update” means a hotfix, patch or minor version update to any Platform, Application and/or Website tools
    software; “Upgrade” means a major version upgrade of any Platform, Application and/or Website tools software.
    “User Data” means all data, works and materials: uploaded to the Application or Website tools, supplied or stored
    on the Platform by or on behalf of the User; processed by the Platform or generated by the Platform as a result of
    the use of the Application or Website tools by the User (but excluding analytics data relating to the use of the
    Platform and server log files) and regulated herein as well as by the Privacy Policy, published on our website.
    “Website tools” mean the tools on our website (https://raccoon.world/) related to the Application, which enable
    Users to do exercises that they have learned according to the instructions provided in the Exercises and using
    video lessons, available on the Platform.
    More definitions provided in the Terms of Use below. Some definitions, the meaning of which was not given prior to
    its use in this document, provided in the Terms of Use below.
  2. GENERAL PROVISIONS
    2.1. The text of this document is the Terms of Use – Website tools and a
    software for devices operating by Android OS (the “Application”), – which enables Users to do exercises that they
    have learned according to the instructions provided in the list of exercises (“Exercises”), and using video lessons,
    available on the aggregated cloud based video storages (the “Platform”).
    2.2. The Application and Website tools are provided by RACCOON TECHNOLOGIES, INC, a legal entity acting
    on the basis of legislation of USA, with registered address in Delaware, USA (the “Provider” and/or the “Raccoon”
    and from time to time “we” and “us”).
    2.3. The User of the Application and Website tools (the “User”, “you”, “your”) is an individual who accesses
    the Application or Website tools for the purpose of performing the Exercises to which he\she has access.
    2.4. The Provider does not offer any independent medical services. We do not warrant that the Exercises for
    which you had subscribed is good and/or safe for you, and Users agree to use it at their own risk. The Application
    and Website tools only serve to supplement a therapy and is not suitable or intended for exclusive remote
    treatment. The use of Application and/or Website tools cannot replace a traditional visit to a doctor or therapist. For
    a final and comprehensive therapy or treatment, a visit to a doctor or therapist on site or, in urgent cases, to an
    emergency room is essential. Special professional regulations and restrictions apply to medical care over the
    Internet. The range of services is therefore limited to the current legal options. Special notes in the description of
    services and provision of services are binding.
    2.5. The Application and/or Website tools do not constitute a medical device or any type of medical advisor.
    The Application and/or Website tools are not expected to diagnose, treat, cure or prevent any disease or injury. To
    the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via
    the Application and/or Website tools. Should you have any health-related questions, please call or see your
    physician or other healthcare provider promptly. If you have an emergency, call your physician or your
    local emergency services immediately.
    2.6. You must be at least 18 to use. If you are under
    the age of 18, you may use our Application or Website tools only with the supervision and consent of a parent or
    guardian. No individual under these age limits may use the Application and/or Website tools, or provide any
    Personal Data to Raccoon (e.g., an email address).
    2.7. These Terms of Use constitute legally binding agreement between the User and the Provider.
    2.8. Please read this Terms of Use carefully as it will regulate relations between the User and the Provider in
    the course of the use of the Application, the Website tools and the Platform. By using the Application and Website
    tools, the User agrees to be bound by the terms and conditions stated herein. The User claims and warrants that
    she/he has full legal authority to accept these Terms of Use and to be legally bound by it and that the User
    achieved the age of legal majority under the laws or regulations in her/his jurisdiction, otherwise this Terms of Use
    should be accepted by the official legal representative of the User, who is under this age.
    2.9. The Terms of Use is an official document published on the Provider’s website at
    https://raccoon.world/documents/legal-documents/rr-terms-of-use-and-privacy-policy.pdf.
  3. SUBJECT OF THE AGREEMENT AND ACCEPTANCE OF THE TERMS OF USE
    3.1. Under the terms of these Terms of Use, the Provider is obliged to provide the Application and Website
    tools, and the User is obliged to use the Application and Website tools properly.
    3.2. In consideration for the User’s consent to follow the Terms of Use, the Provider grants to the User a
    non-transferable, non-exclusive, worldwide license to use the Application, the Platform and Website tools only in
    order the User could use the Application, the Platform and/or Website tools. No other license is granted. The
    User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative
    works from, transfer, or sell any information from the Application, Website tools and/or the Platform without the
    Provider’s direct prior written consent.
    3.3. When the User starts to use the Application or Website tools, directly or indirectly submits, stores, sends or
    receives data to, or from the Application and/or Website tools, the User give/grant to the Provider, as well as its
    representatives, agents, employees, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use,
    host, store, create derivative works, reproduce such data, excluding private data not being impersonalized. The
    rights that the User grants by this license are for the limited purpose of operating, performing and improving our
    Application, Website tools and Platform, and to develop new ones. This license shall survive termination or
    suspension of these Terms of Use notwithstanding the reason of such termination or suspension.
    3.4. The User can access the Exercises through the Application and/or Website tools. To use the Application
    you have to download it from Play Market using the following link
    https://play.google.com/store/apps/details?id=com.RRMobile.RaccoonTechnologies.M54 or from App Store using
    the following link https://apps.apple.com/us/app/raccooncare-employee-wellness/id1638921706 . To access the
    Website tools you shall use the following link https://raccoon-recovery.bubbleapps.io/ . It is not obligatory for the
    Users to pass the registration procedure and create the account to obtain the access to the Application and/or
    Website tools, however certain content of the Application may be available only upon registration and payment.
    3.5. You can download more than one list of Exercises, but before that please make sure that you are allowed
    to do such exercises by contacting your doctor or medical specialists. You are solely responsible for all your
    activities in the Application and/or Website tools as a User.
    3.6. We do not warrant that any or every of the Exercises were created by doctors, medical specialists
    and/or certified physiotherapists.
    3.7. When clicking the box “I accept Terms of Use” in the Application or on our website in the Website tools, the
    User by its actions confirms the acceptance of the provisions of these Terms of Use, agrees with all the provisions
    hereof, his/her rights and duties stated therein, agrees for the Personal Data collection and processing by the
    Provider and becomes the User under the terms of these Terms of Use, or in case the User is under the age of
    legal majority, the approval of the official legal representative or guardian of the User, who is under this age.
    3.8. In view of the foregoing, the User must carefully study the text of this document. In the event that the User
    does not agree with any Terms of Use hereto, s/he may click the button “Cancel”, and reject the use of the
    Application or Website tools.
    3.9. Within the Application and Website tools the Provider collects, processes and stores the following Data
    about the Users: contact email address, sessions times and dates in the Application and/or Website tools, training
    status in the Application and/or Website tools during the last 24h.
    3.10. To learn more about the collection, processing, storage and transmission of the User’s Personal and other
    Data, please refer to the Privacy Policy.
    3.11. The User is solely responsible for all activity in connection with access to the Application and Website tools
    through his/her device, and for the security of his/her operating systems, and in no event shall the Provider be
    liable for any loss or damages relating to any misuse.
    3.12. The User can stop using the Application and/or Website tools at any time without notifying the Provider.
    But the Provider reserves the right in any time without liability at its sole discretion to limit, suspend or revoke the
    User’s access to the Application and/or Website tools in case of any breach of these Terms of Use.
  4. RIGHTS AND OBLIGATIONS OF THE PARTIES
    4.1. The Provider undertakes:
    a) Organize and ensure the proper functioning of the Application and Website tools.
    b) Use all the User’s Data only in relation to work and improvement of the Application and/or Website tools,
    do not transfer or show to unauthorized third parties information about the Users.
    c) To provide relevant, timely and sufficient Support Service.
    4.2. The Provider has the right to receive from the User all the Data necessary to fulfill its obligations hereunder.
    4.3. The User is obliged to:
    a) Use the Application and Website tools only within the limits of those rights and in the ways provided for in
    the Terms of Use;
    b) Refrain from distribution (copying), publication of the Application, Website tools or any parts thereof;
    c) Refrain of any use of the Application, Website tools or its parts by any third parties;
    d) Provide the Provider with the consent to the Terms of Use and Privacy Policy necessary for collection and
    processing of his/her Data prior to any Data submission to the Application or Website tools according to the
    procedure stated herein.
    e) Refrain of attempts to access or derive the source code or architecture of the Application, Website tools
    and the Platform software;
    f) Do not use the Application and/or Website tools in any way that causes, or may cause, damage to the
    Application, Website tools or the Platform or impairment of the availability or accessibility of the Application or
    Website tools;
    g) Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to
    human-perceivable form all or any part of the Application, Website tools or software included into the Platform;
    h) Refrain of attempts to probe, scan or test the vulnerability of the Platform, or any associated system or
    network, or to breach any security or authentication feature or measures of the Platform;
    i) Do not use the Application and/or Website tools in any way that is unlawful, illegal, fraudulent or harmful;
    j) Do not use the Application and/or Website tools in connection with any unlawful, illegal, fraudulent or
    harmful purpose or activity;
    k) Do not interfere or attempt to interfere with Application and/or Website tools to any User, host or network,
    including, without limitation, by means of submitting malicious software or computer code to the Application,
    Website tools or the Platform, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
    l) Do not use or access any services, software in order to build a competitive product, service or solution;
    m) Use all reasonable endeavors, to ensure that no unauthorized person may gain access to the Application
    and/or Website tools;
    n) Use all reasonable endeavors to prevent any unauthorized access to, or use of, the Application, Website
    tools and/or the Platform by any unauthorized third parties and, in the event of any such unauthorized access or
    use, promptly notify the Provider.
    4.4. The User has the right to carry out any actions related to the functioning of the Application and/or Website
    tools in accordance with its purpose stated hereto.
  5. PAYMENT
    5.1. The usage of the Application and/or Website tools is free of charge for all Users.
    5.2. If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms
    that apply. Paid services and billing may auto-renew unless User cancels. The User may cancel the purchased
    access to any paid services at any time.
    5.3. We offer certain access to special Exercises for a fee (the “Special Exercises”). By signing up for and
    using any item from the list of Special Exercises, you agree to our Terms, and any additional terms and conditions
    provided here.
    5.4. When you sign up for the paid services, you must designate and provide information about your preferred
    payment method (“Payment Method”). This information must be complete and accurate, and you are responsible
    for keeping it up to date. You expressly authorize the appointed payment provider to collect via automatic debit or
    ACH from your Payment Method the appropriate fees charged for the paid services you elect to make via the
    Services.
    5.5. All purchases of the paid services are final and non-refundable, except at our sole discretion and in
    accordance with the rules governing each type of the paid services. There are no refunds for termination or
    cancellation of your paid services purchased, regardless of whether or not you actively use the paid services
    purchased. There are no refunds for termination or cancellation of the Service. If the User no longer wishes to
    subscribe to a Service, it is User’s responsibility to cancel the Service in due time, regardless of whether or not
    such User actively uses the Service.
    5.6. If the User does not pay the fees due for the use of the Special Exercises, we may make reasonable
    efforts to notify such User and resolve the issue; however, we reserve the right to disable or suspend the access to
    the Special Exercises by such User.
    5.7. The User can cancel the access to the Application and stop using the Services at any time. Such
    cancellation could be made via Support Service or use Google Play Store options. The cancellation of the access
    to the Application will go into effect within 1 work day. .
    5.8. Where we provide access to the Application, and you claim that you have not received such access, then
    you must contact us via [email protected] within 7 days of the date when you purchased the Application for
    us to investigate your claim.
    5.9. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical
    conditions, or any similar reason or event, unless required by law to do so.
    5.10. To the maximum extent permitted by applicable laws, we may change the payment terms and set the
    prices for services offered through the Application and Website tools at any time. We will give you reasonable
    notice of any such change by posting the prices or new prices on or through the Application or our website. If you
    do not wish to pay for access to the Application and/or Website tools, you can stop using the Application and
    Website tools prior to the change going into effect.
    5.11. All the fees are put on the web-site of the Provider are mentioned yet without adding VAT, sales taxes or
    other taxes and charges due to be paid in accordance to your local legislation or requirements to the international
    laws and bilateral interstate agreements. The User should note that the final amount payable automatic debit may
    include such taxes and charges.
  6. INTELLECTUAL PROPERTY RIGHTS
    6.1. The User acknowledges that all rights in and to the Application, Website tools, the Platform and its content,
    including visual interface, graphics, design, video and text materials, compilations, computer code, software and all
    other elements of the Application, Website tools and the Platform are and shall remain the Provider’s sole property.
    6.2. Except as expressly stated herein, the Terms of Use does not grant the User any rights to, or in, patents,
    copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any
    other rights or licenses in respect of the Application, Website tools and the Platform.
    6.3. The Provider confirms that it has all the rights in relation to the Application, Website tools and the Platform
    that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms
    of Use.
    6.4. If you believe Raccoon сontent infringes copyright or trademark under EU, U.S. or other national law,
    please notify us immediately using the contact information provided herein. It is our policy to investigate any
    allegations of infringement brought to our attention. Please provide us with the following information in your notice
    of a suspected violation:
    ● Identification of the material being infringed.
    ● Identification of the material that is claimed to be infringing, including its location, with sufficient detail so
    that we are capable of finding it and verifying its existence.
    ● Contact information for the notifying party (the “Notifying Party”), including name, address, telephone
    number, and email address.
    ● A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner,
    its agent or law.
    ● A statement made under penalty of perjury that the information provided in the notice is accurate and that
    the Notifying Party is authorized to make the complaint on behalf of the owner.
    ● A physical or electronic signature of a person authorized to act on behalf of the owner of the material that
    has been allegedly infringed.
    6.5. Your notice must be signed (physically or electronically) and must be addressed as
    follows: RACCOON TECHNOLOGIES, INC, State of Delaware is 919 North Market Street, Suite
    425 in the City of Wilmington, County of New Castle, Zip Code 19801. [email protected]
  7. RIGHT TO MODIFICATIONS
    7.1. The Provider may from time to time modify, alternate or change design, functionality or information
    contained on the Application, Website tools and/or the Platform at its own discretion without any prior notice to the
    User.
    7.2. The Provider reserves the right to change the Terms of Use. The Provider will notify the User about such
    changes in any legal documents, including the Terms of Use, and/or any other kind of legal and information
    document regarding the Application, Website tools and the Platform, and/or any other area of relations between the
    User and the Provider, through the Application or our website. The updates become legally binding after the
    posting of the renewed Terms of Use on the Application or our website. The User’s use of the Application and/or
    Website tools following any such update or revision constitutes his/her agreement to be bound by and comply
    thereof as updated or revised.
    7.3. No modification to those Terms of Use or any other legal document within the Application or Website tools
    by the User is allowed. Any abovementioned modification, alteration, change of any kind without the Provider’s
    express written consent shall be negligent.
  8. THIRD-PARTY APPLICATIONS
    The User may be able to access certain third-party links, applications, content, services or activities (“Third-Party
    Applications”) via our Application or Website tools. If you choose to access these Third-Party Applications, you
    may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any
    Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no
    associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information,
    content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we
    are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance
    on any such Third-Party Applications.
  9. DEVICE CONSIDERATIONS
    To use or access our Application and/or Website tools you will need a compatible device. We cannot guarantee the
    Application and/or Website tools will be compatible with, or available on, your device.
  10. PHYSICAL ACTIVITY
    10.1. It is important to us that the Users stay healthy while achieving their training goals. Please be responsible
    and use your best judgment and common sense. We provide our Application and Website tools for information
    purposes only, and can’t be held liable if you get injured or something goes wrong.
    10.2. Raccoon cares about your safety. By using our Application and/or Website tools, you agree, represent and
    warrant that you have received consent from your physician to participate in trainings, exercises or any of the
    related activities made available to you in connection with the Application and/or Website tools.
    10.3. Except as otherwise set out in these Terms of Use, and to the maximum extent permitted by applicable
    law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your
    physical activities or your use of, or inability to use the Application and/or Website tools, even if caused in whole or
    part by the action, inaction or negligence of Raccoon or its Users.
  11. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY
    11.1. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER THE PROVIDER NOR
    ITS LICENSEES, VENDORS, AGENTS, AFFILIATES MAKE ANY SPECIFIC PROMISES, WARRANTIES OR
    REPRESENTATION ABOUT THE APPLICATION, WEBSITE TOOLS AND/OR THE PLATFORM. THE
    APPLICATION AND WEBSITE TOOLS ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS.
    11.2. THE PROVIDER DOES NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE
    RESULTS OBTAINED BY USING THE APPLICATION AND/OR WEBSITE TOOLS, THE SPECIFIC FUNCTIONS
    OF THE APPLICATION, WEBSITE TOOLS, THE PLATFORM OR IT’S RELIABILITY, AVAILABILITY, ACCURACY
    OR ABILITY TO MEET YOUR NEEDS. THE PROVIDER DOES NOT WARRANT THAT ACCESS TO THE
    APPLICATION OR WEBSITE TOOLS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
    THE APPLICATION, WEBSITE TOOLS OR THE PLATFORM WILL BE CORRECTED. SOME JURISDICTIONS
    PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
    FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW,
    THE PROVIDER EXCLUDES ALL SUCH WARRANTIES.
    11.3. THE PROVIDER ACKNOWLEDGES AND AGREES THAT THE APPLICATION AND WEBSITE TOOLS
    HAVE THE AUXILIARY PURPOSE ONLY WITHIN THE TRAINING OF THE USER. IN ANY CASE THE
    CONTENT PROVIDED BY THE APPLICATION AND/OR WEBSITE TOOLS SHALL BE SUBJECT FOR
    FURTHER REVIEW BY YOUR MEDICAL SPECIALIST. THE PROVIDER SHALL NOT BE RESPONSIBLE OR
    LIABLE FOR ANY RESULTS OF THE APPLICATION OR WEBSITE TOOLS USE, ITS INTERPRETATION AND
    CONSEQUENCES OF SUCH INTERPRETATION.
    11.4. THE PROVIDER AND ITS LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE
    RESPONSIBLE FOR LOST OF PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT,
    SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY THE USER.
    11.5. UNDER NO CIRCUMSTANCES WILL THE PROVIDER AND ITS LICENSEES, VENDORS, AGENTS,
    AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
  12. INDEMNIFICATION
    If you are a resident of France or Germany: You agree to indemnify and hold Raccoon, its subsidiaries,
    suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior,
    including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) your
    violation of these Terms of Use, (b) your use or misuse of any User’s Personal Data, (c) any violation of the rights
    of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and
    control of any matter for which you are required to indemnify us under the Terms of Use, and you agree to
    cooperate with our defense of these claims.
  13. LOGOS USE
    13.1. The Provider hereby grants to the User limited, non-exclusive, non-transferable, non-sublicensable,
    royalty-free and revocable license to use its logos “Raccoon. Recovery”/”Raccoon.World” for the limited purposes
    subject to the terms and conditions of these Terms of Use.
    13.2. The User is not permitted to make any changes to the Provider’s logo, including, but not limited to:
    a) Distort the logo by scaling disproportionally;
    b) Adjust the colors of or add gradients to the logo;
    c) Change the typeface;
    d) Reconfigure the logo or add embellishments like drop shadows;
    e) Outline the logo;
    f) Size the logo so small that it is not readable;
    g) Manipulate or alter the logo in any other way.
    13.3. The User agrees not to challenge or assist others to challenge the Provider’s logo (except to the extent
    such restriction is prohibited by applicable law), and the User agrees not to register or attempt to register any
    domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of
    the Provider.
    13.4. The Provider reserves the right in its sole discretion to terminate or modify the User’s permission to display
    the Provider’s logo and to take action against any use that does not conform to the terms and conditions set forth
    herein, infringes any Provider’s intellectual property or other right, or violates applicable law. Any use of the
    Provider’s logo without its prior written permission, other than as specifically authorized by this Terms of Use, is
    strictly prohibited.
  14. USER DATA
    14.1. The User grants to the Provider a non-exclusive license to copy, reproduce, store, distribute, publish,
    export, adapt, process, edit and translate the User Data to the extent reasonably required for the performance of
    the Provider’s obligations and the exercise of the Provider’s rights under these Terms of Use.
    14.2. The User warrants to the Provider that the User Data when used by the Provider in accordance with these
    Terms of Use will not infringe the Intellectual Property Rights, health data protection rules or other legal rights of
    any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any
    applicable law.
    14.3. The purpose of User Data collection is as follows: providing Services to the User; improving User
    experience with the Application and Website tools; protecting from misuse.
    14.4. The Provider keeps the User Data within only for the necessary time, and does not create a back-up
    copy of such User Data (including but not limited to the email address of the User). We are not storing your
    Personal and User Data longer than it is necessary for providing services through the Application and/or
    Website tools. We may also retain your Personal Data as necessary to comply with our legal obligations, resolve
    disputes, and enforce our agreements.
    14.5. The User shall only supply to the Provider, and the Provider shall only process the Personal Data for the
    purposes specified herein.
    14.6. Notwithstanding any other provision of these Terms of Use, the Provider may process the Personal Data if
    and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform
    the User of the legal requirement before processing, unless that law prohibits such information on important
    grounds of public interest.
    14.7. The Provider may engage a third party to process the Personal Data, ensuring that such sub-processors
    comply with the requirements of GDPR and CPPA with respect to the issues of Personal Data protection and
    general data security. The Provider shall inform the User within the reasonable term of any intended changes
    concerning the addition or replacement of any third-party processor, and if the User objects to any such changes
    before their implementation, then the User may stop using the Application or Website tools. The Provider shall
    ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider
    by this clause.
    14.8. Data subject under this agreement is the User.
    14.9. The Provider shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32
    GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken
    are measures of data security and measures that guarantee a protection level appropriate to the risk concerning
    confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the
    nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the
    rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into
    account.
    14.10. User data can be obtained from services like Google Fit or Apple Health. Data from these services is
    information about the user’s steps. Using this information, the user participates in step challenges. Data will be
    deleted upon request.
  15. OTHER PROVISIONS
    15.1. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law
    including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or
    unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches
    the intent of the original provision; the remainder of the Terms of Use shall continue in effect.
    15.2. These Terms of Use are governed by laws of Poland. A printed version of these Terms of Use and of any
    notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating
    to the Terms of Use to the same extent and subject to the same conditions as other business documents and
    records originally generated and maintained in printed form.
    15.3. All disputes related to these Terms of Use shall be resolved by negotiations between the parties, which
    agree to make all efforts to resolve the dispute. If the Parties fail to reach consent, the disputes shall be resolved
    by arbitration under the London Court of International Arbitration (LCIA), which Rules are deemed to be
    incorporated by reference into this clause.
    15.4. In addition, both the Provider and the User agree to bring any dispute in arbitration on an individual basis
    only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for
    any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general
    action, or as a member in any such class, collective, representative or private attorney general proceeding.
    15.5. If you are a resident of the European Union: Notwithstanding anything in these Terms of Use to the
    contrary, if there is a dispute that you and Raccoon cannot resolve, you have the right to submit a complaint
    through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms of Use, we do not participate in
    any ADR scheme.
    15.6. In addition, nothing in these Terms of Use limits your rights to bring an action against Raccoon in the local
    courts of your place of domicile. All disputes arising under the Terms of Use between you and Raccoon will be
    subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in
    England, and you and we hereby submit to the personal jurisdiction and venue of these courts.
  16. MISCELLANEOUS
    16.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and
    us as a result of the Terms of Use or your use of the Application and/or Website tools. The Terms of Use constitute
    the entire agreement between you and us with respect to your use of the Application and Website tools.
    16.2. Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of
    such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be
    invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as
    reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
    16.3. You may not assign, delegate, or otherwise transfer your access to the Application or Website tools, or
    your obligations under these Terms of Use without our prior written consent. We have the right, in our sole
    discretion, to transfer or assign all or any part of our rights under these Terms of Use and will have the right to
    delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use and in
    connection with the Application and/or Website tools.
    16.4. Our notice to you via email, or notices or links displayed in connection with the Application or Website tools
    constitutes acceptable notice to you under the Terms of Use. We are not responsible for your failure to receive
    notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update
    your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email. In
    the event that notice is provided via links displayed in connection with the Application or Website tools, then it will
    be considered received twenty-four hours after it is first displayed.
    16.5. These Terms of Use constitute the entire agreement between the User and the Provider with regard to its
    subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or
    oral, made between the User and the Provider.
  17. CCPA
    17.1. If you are a California resident, you have certain rights and protections under the law regarding the
    processing and sale of your personal data. The California Consumer Privacy Act (CCPA) grants new privacy rights
    to Californians, including rights to:
    ● The right to know about the personal information a business collects about you and how it is used and shared;
    ● The right to delete personal information collected from you (with some exceptions);
    ● The right to opt-out of the sale of your personal information;
    ● The right to non-discrimination for exercising their CCPA rights.
    17.2. Businesses are required to give consumers certain notices explaining their privacy practices. This
    section and our Privacy Policy will explain to you what personal information we may collect and the purposes for
    which we use this information.
    17.3. Raccoon does not sell your personal information. Raccoon may share your personal information with
    our Service Providers, who are defined within CCPA as entities who will process your personal information on
    behalf of Raccoon but are contractually limited to processing and retaining your information solely to provide the
    service to Raccoon.
    17.4. If you are a California resident and would like to exercise any of your rights as described here, e-mail us
    or contact us at: [email protected]
    RACCOON.RECOVERY and Teampulsee
    V0.1 PRIVACY POLICY
    This Privacy Policy was posted on August 20, 2023 and is effective for new and existing users.
  18. INTRODUCTION AND REMARKS
    1.1. About Us
    Operator of this Application and Website tools, and responsible person in the sense of the General Data Protection
    Regulation (GDPR) and California Consumer Privacy Act (CCPA) is
    RACCOON TECHNOLOGIES, INC, State of Delaware is 919 North Market Street, Suite 425 in the City of
    Wilmington, County of New Castle, Zip Code 19801 (referred to as the “Raccoon” as well as “we”, “us” etc.).
    1.2. Our Core Principles
    With this Privacy Policy we would like to inform you how we process personal data while providing you with the
    Raccoon.Recovery v1.0 – Website tools and software for devices operating by Android OS (the “Application”), –
    which enables Users to do exercises that they have learned according to the instructions provided in the list of
    exercises (“Exercises”) and using video lessons, available on the aggregated cloud based video storages (the
    “Platform”). The protection of your privacy is of the utmost importance to us, which is why it goes without saying
    that we comply with the statutory provisions on data protection.
    Please read this Privacy Policy carefully, as your access to and use of the Application and/or Website tools
    signifies that you have read and understood the terms within this Privacy Policy. If you do not agree with any part of
    this Privacy Policy or our Terms of Use, please do not access or continue to use the Application or Website tools,
    or otherwise submit your Data.
    You can find the definitions of terms that are not specified in this Privacy Policy, in our Terms of Use.
    1.3. What Data is Being Logged by Default
    When you use our Application and/or Website tools, so-called log files (activity logs) are automatically transmitted
    to our servers. As a general rule, this is not Personal Data and this information is not mixed with other data
    processed by us.
    Log Files
  1. USER RIGHTS
    2.1. Legal Basis for Data Processing
    The General Data Protection Regulation (GDPR) provides various legal bases on which Personal Data can be
    legally processed. We base the processing of your data on the following legal principles:
    ● your consent, if you have given us such consent (Art. 6 para. 1 lit. a) GDPR)
    ● the initiation or execution of a contract with you (Art. 6 para. 1 lit. b) GDPR)
    ● the fulfilment of a legal obligation (Art. 6 para. 1 lit. c) GDPR)
    ● from a legitimate interest pursuant (Art. 6 para. 1 lit. f) GDPR)
    2.2. Storage Period of the Collected Data
    We store your data,
    ● if you have consented to the processing at most until you revoke your consent;
    ● if we need the data for the execution of a contract, at the most as long as the contractual relationship with
    you exists or legal retention periods run;
    ● if we use the data on the basis of a justified interest, at the most as long as your interest in deletion or
    anonymization does not prevail;
    ● if legal (e.g. commercial code, tax code) exist, until the end of these storage obligations.
    2.3. Data Sources
    All the data we receive are received from you and/or your device only. .
    The list of the data received: contact email address, sessions times and dates in the Application and/or Website
    tools, training status in the Application and/or Website tools during the last 24h.
    2.4. Your Rights as a Data Subject
    As a data subject within the meaning of the General Data Protection Regulation (GDPR), you have the right to:
    i. request free information about the processing of your data and to receive a copy of your personal data. You
    may request information on, among other things, the purposes of the processing, the categories of personal
    data to be processed, the recipients of the data (if disclosed), the duration of the retention or the criteria for
    determining the duration;
    ii. correct your data. If your personal data are incomplete, you have the right to complete them, taking into account
    the purposes for which they are processed;
    iii. delete or block your data. Reasons for the existence of a cancellation/blocking claim can include, among others:
    a) the revocation of the consent on which the processing is based, b) the data subject objects to the
    processing,
    c) the personal data have been processed unlawfully;
    iv. restrict the processing;
    v. object to the processing of your data;
    vi. revoke your consent to the processing of your data for the future; and
    vii. complain to the competent supervisory authority about unauthorized data processing.
    2.5. Purpose of Processing
    We process your data for the following purposes:
    • For corresponding with you,
    • On quality assurance and statistics,
    • In order to provide our service.
    2.6. Legitimate Interests
    When processing your data, we pursue the following legitimate interests:
    • The improvement of our offer,
    • The production of statistics,
    • Marketing purposes,
    • The storage of our correspondence with you.
    2.7. In Which Cases Your Data Will Be Forwarded
    For the operation of our online presence, our Platform, our Application and Website tools we cooperate with various
    service providers. In addition, your Data will be passed on to parties that are unavoidable for the fulfilment of
    contractual obligations or where there is a legal obligation to pass them on.
    We do not sell any Personal Data.
    Services for the operation of our Application and Platform:
    ● Data Storage and Server Provider
    ● Service provider for development services
    ● Customer support software provider
    ● Email provider
    Other services:
    ● Receivables management
    ● Call center service provider
    ● Proofreading and translation service providers
    ● Telecommunications provider
    ● Postal, delivery and forwarding services
    ● Lawyers, auditors and tax consultants
  2. DATA RECIPIENTS
    When processing your Data, we work with the following service providers who have access to your Data:
    3.1. Third Parties
    We use service of data analysis of Raccoon Technologies Ukraine LLC
    ADDRESS: Kyiv, Olesya Honchara Street, 65-A, 01054, Ukraine
    PURPOSES OF USE AND DATA PROCESSING development of further iterations of the software, machine
    learning.
    Therefore, we PROCESS your e-mails and contact details provided by you, if any.
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER https://raccoon.world/privacy-policy/
    A WAY TO OBJECT PROCESSING: you have the right to withdraw your consent by referring to
    [email protected] at any time, but this will not affect any processing that has already taken place
    You can check the cookies policy and options here https://raccoon.world/privacy-policy/
    3.2. Web
    Analytics Google
    Analytics
    We use the Google Analytics service of Google Ireland Limited,
    ADDRESS: Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland.
    Cookies are used to collect and analyse usage data on our website so that we can optimise and improve our
    services. We use the anonymisation extension “_anonymizd” for the anonymised recording of the IP address.
    3.3. Hosting
    We use Twilio email hosting of Twilio Inc. to send emails and notifications to the Users, as well as for the business
    correspondence with contractors, customers, partners etc.
    ADDRESS:375 Beale Street, Suite 300 San Francisco, CA 94105
    PURPOSES OF USE AND DATA PROCESSING: sending emails and notifications to the Users, business
    correspondence with contractors, customers, partners etc.
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER – https://www.twilio.com/legal/privacy
    3.4. Making contact
    We may provide emails or forms to which visitors of our website can send us questions or comments, or which
    visitors can use to request customer support. In the process of receiving and responding to such requests, we may
    collect personal information about you, such as your email address or any other personal data contained in the
    body of your email message. By allowing you to send us these requests, we are not attempting to solicit personal
    information from you.
    We only use the information for the purpose of responding to your questions and/or comments or to provide
    customer support. In most cases, your message is deleted immediately after we’ve resolved your inquiry; however,
    in some instances, copies of your requests may be kept on file for our records, for quality control purposes, or to
    provide ongoing support services you have requested. If we have actual knowledge that the person with whom
    we’re communicating is a child under the age of 18 (or older, if applicable law provides for different protections), we
    delete the child’s e-mail address and message immediately after responding.
    3.5. Communication, CRM, Messenger, Video Conference,
    Chatbots Cloud services
    We use the cloud data storage service of Amazon Web Services EMEA SARL.
    ADDRESS: 38 Avenue John F. Kennedy, L-1855, Luxembourg
    PURPOSES OF USE AND DATA PROCESSING data storage for provision of our services, storage of encrypted
    data, ensuring data security
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER:
    https://aws.amazon.com/ru/compliance/data-privacy-faq/
    We use the service of cloud development versioning of GitHub, Inc.
    ADDRESS: 88 Colin P Kelly Jr Street San Francisco, CA 94107 United States
    PURPOSES OF USE AND DATA PROCESSING: for writing program code by several developers (there is no
    access to the Users data)
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://enterprise.github.com/privacy
    We use the service of tasks assignment Clickup of Mango Technologies, Inc.
    ADDRESS: 363 Fifth Ave. Suite 300 San Diego, CA 92101.
    PURPOSES OF USE AND DATA PROCESSING: task assignment and control within the internal team (no access
    to application Users data).
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://clickup.com/privacy
    We use service of mobile applications store of company Google LLC
    ADDRESS: 1600 Amphitheatre Parkway Mountain View, CA 94043 USA.
    PURPOSES OF USE AND DATA PROCESSING: storage and provision of access to download the plugin installer
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://policies.google.com/privacy?hl=en-US
    We use the virtually dedicated server service of Bubble Group, Inc.
    ADDRESS: 900 Broadway, Suite 504, New York, NY 10003.
    PURPOSES OF USE AND DATA PROCESSING: storage and management of the content database, used to
    connect to the database, enter, delete data, graphic display of the database, to deploy and operate the server side
    of the Application
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://bubble.io/privacy
    We use the web application development service of Unity Technologies ApS
    ADDRESS: Niels Hemmingsens Gade 24, 1153 Copenhagen, Denmark
    PURPOSES OF USE AND DATA PROCESSING: development and update of the Application
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://unity3d.com/legal/privacy-policy
    We use service of Google Firebase of company Google LLC
    ADDRESS: 1600 Amphitheatre Parkway Mountain View, CA 94043 USA.
    PURPOSES OF USE AND DATA PROCESSING: users identification and communication, application use analytics
    and payments processing
    LINK TO THE PRIVACY POLICY OF THE SERVICE PROVIDER: https://policies.google.com/privacy?hl=en-US
    Social Media PlugIns
    Facebook Social Media
    Plugin
    Our website integrates social media plugins from Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal
    Harbour, Dublin 2, Ireland. You can recognize them by the “thumbs up” button or the blue “f” logo. A list of
    Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/?locale=de_EN. By visiting our
    website a connection to the Facebook servers is established. If you are logged in on Facebook, Facebook can
    assign the visit on our website to your user account. If you interact with the plugin (e.g. clicking the “thumbs up”
    button), Facebook will assign this to your profile and save it. We have no influence on the scope and content of the
    data collected by Facebook.
    Facebook’s data use policy: https://www.facebook.com/policy.php
    To prevent the assignment of the collected data to your profile, you must log out of your account.
    YouTube
    Our website integrates social media plugins from YouTube, a company of Google Ireland Limited, Gordon House, 4
    Barrow Street, Dublin, D04 E5W5, Ireland („Google“). By visiting our website a connection to the YouTube servers
    is established. We use the “enhanced privacy mode” provided by YouTube to do this. According to YouTube, for
    example, the information that you have visited our site using your IP address is only transmitted to Youtube when
    you interact with the plugin (e.g. clicking on an embedded video). If you are logged in on YouTube, YouTube can
    assign the visit to our website to your user account. If you interact with an embedded video, for example, YouTube
    will assign this to your profile and save it. We have no influence on the scope and content of the data collected by
    YouTube.
    Privacy policy of Google: https://policies.google.com/privacy?hl=de
    To prevent the assignment of the collected data to your profile, you must log out of your account.
    Our social media sites
  1. CHANGES TO THIS PRIVACY POLICY
    This data protection declaration provides information on data protection in our company. If our processes change,
    we will adjust the information accordingly so that you can always be informed about the processing of your Data.
  2. SUPPORT SERVICE
    If you have any questions for a quick solution, you can use the Email [email protected]. The Support Service
    will take all possible efforts to quickly respond to the problem, it usually takes up to one business day.
    If you want to receive any ordinary mail clarifications, then make an appropriate request for:
    RACCOON TECHNOLOGIES, INC
    State of Delaware is 919 North Market Street, Suite 425 in the City of Wilmington, County of New Castle, Zip
    Code 19801
    Published: August 20, 2023