General Terms and Conditions of Contract

These General Terms and Conditions of Contract govern the contracting of educational programs, courses, events, digital content, academic services, educational activities, and other products or services offered through the website www.racks.university or through the payment, enrollment, or contracting platforms used from time to time.

The courses, programs, events, digital content, academic services, educational activities, and other products or services may be marketed, managed, billed, or provided, as applicable in each case, by any of the following entities:

Racks Educational AI USA LLC

8180 NW 36 Street, Suite 316

Doral, FL 33166

Miami-Dade County, Florida

United States of America

Email: info@racks.university

Website: www.racks.university

License ID: 13641

Racks Educational AI USA LLC is an entity registered/licensed with the Commission for Independent Education – Florida Department of Education, to the extent applicable.

Or by:

Racks Labs, S.L.

NRT: L-717403-B

Registered address: Av. del Pont de la Tosca, 1, AD700, Escaldes-Engordany, Principado de Andorra

Email: academy@rackslabs.com

The specific contracting, marketing, billing, or service-providing entity shall be the one indicated in each case on the contracting page, payment platform, enrollment form, invoice, purchase confirmation, particular terms, or informational documentation applicable to the contracted course, program, event, digital content, or service.

For the purposes of these General Terms and Conditions, the term “Racks” may be used to refer interchangeably to Racks Educational AI USA LLC or to Racks Labs, S.L., depending on which entity acts as the marketer, manager, biller, or provider of the service in each specific contract, without prejudice to the commercial, academic, or institutional name that may be used in each program, course, platform, communication, or informational documentation.

For certain programs, courses, or services, the certificate, diploma, or academic record may be issued by AISS and/or bear the endorsement of Racks University, under the terms indicated in the offer, contracting page, or applicable particular terms. Such issuance or academic endorsement shall not necessarily imply that AISS or Racks University is the marketing, billing, or contractually responsible entity for the sale, unless expressly stated.

These General Terms and Conditions establish the legal framework applicable to the contracting of the products, programs, courses, events, digital content, or services offered by Racks through its website, sales pages, payment platforms, enrollment forms, commercial communications, or any other available channels.

These General Terms and Conditions are of a general nature and shall apply without prejudice to the particular terms, specific conditions, information sheets, contracting pages, commercial offers, or specific documentation applicable to each course, program, event, product, or service.

Each course, program, event, digital content, or service may have its own particular terms and conditions, descriptive sheet, academic conditions, financial conditions, access policy, duration, price, format, support, certification, refund provisions, or specific requirements.

In the event of any conflict between these General Terms and Conditions and the particular terms of a specific course, program, event, product, or service, the particular terms shall prevail with respect to the matters they specifically regulate.

Contracting a course, program, event, digital content, or service implies acceptance of these General Terms and Conditions and, where applicable, of the particular terms applicable to the contracted product or service.

Racks offers, among other things, private educational programs, online courses, digital content, academic activities, events, live sessions, supplementary resources, educational materials, templates, communities, support, digital tools, certificates, bonuses, or ancillary services, as indicated in each case in the corresponding offer.

Contracting a program or course does not guarantee the achievement of specific results, whether financial, employment-related, professional, business, academic, technical, commercial, or of any other nature. Results will depend, among other factors, on the student's degree of dedication, implementation, prior knowledge, available resources, personal circumstances, and actual use.

Before completing the contract, the User will have at their disposal information regarding the relevant course, program, event, digital content, or service, including, where applicable:

a) Identification of the provider.

b) Name of the course, program, event, digital content, or service.

c) General description of the content or services included.

d) Format of delivery or provision.

e) Duration or access period, where applicable.

f) Total price, taxes included, unless expressly stated otherwise.

g) Available payment methods.

h) Conditions of access to the platform or content.

i) Whether or not support, tutoring, community, live sessions, certificates, bonuses, or additional resources are included.

j) Terms of withdrawal, cancellation, return, or refund.

k) Applicable particular terms, where they exist.

The User is responsible for reviewing the information provided before completing the contract.

Contracting may be carried out through the website, sales pages, forms, payment platforms, external platforms, enrollment links, processes assisted by the sales team, or any other channel made available by Racks.

The contracting process may include, among other steps:

a) Selection of the course, program, event, digital content, or service.

b) Completion of personal, tax, or contact details.

c) Review of the essential information of the contract.

d) Selection of the payment method.

e) Acceptance of the applicable legal terms.

f) Confirmation of the contract and corresponding payment.

g) Receipt of confirmation of purchase, enrollment, or access, where applicable.

Racks may use external payment, enrollment, signature, automation, CRM, hosting, educational platform, or technology tools necessary to manage the contracting process and the provision of the service.

Acceptance of these General Terms and Conditions, of the applicable particular terms and, where applicable, of the Privacy Policy, may be effected by means of a checkbox, electronic signature, email validation, confirmation on a payment platform, acceptance on a contracting page, or any other available means of digital confirmation.

Electronic acceptance shall have the same legal validity as the handwritten signature of a paper contract.

Racks may retain electronic evidence of the contract, acceptance of terms, date and time of acceptance, IP address, technical identifiers, version of the texts accepted, purchase data, payment confirmation, and any other evidence necessary to establish the traceability of the contracting process.

A copy of the applicable terms may be made available to the student in digital format or sent by email once the contract has been completed, depending on the system used in each case.

The price of each course, program, event, digital content, or service shall be the price indicated on the contracting page, payment platform, commercial offer, or applicable particular terms at the time of contracting.

Payment shall be made using the methods available at any given time, which may include bank card, transfer, payment platforms, financing, payment in installments, or any other means accepted by Racks or by the relevant payment provider.

The available payment methods may vary depending on the student's country of residence, currency, platform used, payment provider's terms, program amount, contracting format, and technical, commercial, or operational criteria.

Racks shall not be liable for technical failures, delays, rejections, blocks, fees, banking incidents, or problems attributable to payment gateways, financial institutions, external providers, or the User.

Where the option of payment in installments, financing, or split payment is offered, such arrangement shall be governed by the terms indicated on the contracting page, payment platform, commercial offer, or applicable particular terms.

Payment in installments or financed payment shall not be regarded as a freely cancellable monthly subscription, unless expressly stated otherwise.

Where the User selects an installment or financed payment arrangement, the User assumes the obligation to pay the full contracted price, regardless of their degree of participation, continuity, engagement, actual access, or use of the content and services, except in cases where withdrawal, cancellation, or refund is legally applicable.

In the event of non-payment, chargeback, payment rejection, breach of the payment schedule, or an equivalent incident, Racks may suspend, limit, or cancel access to the course, program, platform, content, support, community, certificates, bonuses, or associated services until the outstanding amounts are fully settled, without prejudice to claiming the amounts owed and any applicable costs.

Access to the course, program, digital content, or service will be activated once the contracting process has been completed and the corresponding payment confirmed, unless a different start or activation date is indicated in the offer or particular terms.

Access shall be personal, individual, and non-transferable. The User may not share credentials, assign access, resell places, transfer the contract, allow access by unauthorized third parties, or use the content for purposes other than their own learning or authorized use.

The content may be hosted on educational platforms, digital environments, communities, third-party tools, or technology systems determined by Racks from time to time.

The availability of content, tools, platforms, communities, or features may be affected by maintenance work, updates, technical incidents, third-party service outages, changes of provider, platform replacement, force majeure, or circumstances beyond Racks' reasonable control.

In the event a platform is discontinued or it becomes technically impossible to maintain access in the environment initially used, Racks may provide a reasonable alternative means of accessing the contracted content, where possible.

The duration of access to each course, program, digital content, platform, community, support, live sessions, materials, or services shall be as indicated on the contracting page, commercial offer, or applicable particular terms.

Unless expressly stated otherwise, access to the contracted content shall not entail automatic access to new editions, new programs, new modules, new classrooms, premium versions, future updates, additional support, community, tutoring, live sessions, events, certifications, or services not expressly included in the contracted offer.

Bonuses, supplementary resources, promotions, ancillary benefits, or additional services may be subject to availability, deadlines, quotas, specific conditions, or organizational criteria, and shall not be regarded as essential unless expressly stated otherwise.

Racks may introduce modifications, improvements, updates, replacements, reorganizations, or adjustments to the content, materials, resources, technology tools, teaching staff, schedule, platform, or methodology of the courses, programs, or services, provided that such modifications do not substantially alter the principal subject matter of the contract.

Such modifications may respond to pedagogical, technical, organizational, commercial, or availability-related criteria, technological developments, security considerations, changes in artificial intelligence tools, content updates, or improvements to the learning experience.

Where modifications materially affect the access to, operation of, or essential content of the course or program, Racks will communicate this through the available channels, where reasonably possible.

The courses and programs may include references to, explanations of, or use of third-party tools, APIs, models, platforms, software, applications, artificial intelligence services, integrations, or resources.

The User acknowledges that such third-party tools or services may change their terms of use, prices, availability, features, access, policies, APIs, technical limitations, or configuration without any involvement of Racks.

The modification, interruption, discontinuation, price change, or restriction of third-party tools not attributable to Racks shall not, by itself, constitute a breach of contract or give rise to any right to a refund, compensation, or price reduction, without prejudice to Racks' ability to reasonably adapt the content when it deems appropriate.

The User shall be responsible for complying with the terms of use, policies, and requirements applicable to the third-party tools they choose to use.

All content, videos, classes, materials, templates, documents, resources, methodologies, structures, texts, graphics, designs, recordings, presentations, exercises, systems, prompts, frameworks, tools, trademarks, logos, and other elements included in the courses, programs, events, platforms, or services are the property of Racks or of third parties who have authorized their use.

The contract grants the User a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the content for strictly educational purposes and for their own personal or professional use, under the terms provided in the contracted offer.

The following is prohibited, unless with the prior written authorization of Racks:

a) Downloading, copying, reproducing, recording, distributing, publicly communicating, or making the content available.

b) Sharing materials, videos, credentials, templates, or resources with third parties.

c) Reselling, sublicensing, transferring, or commercially exploiting the content.

d) Creating courses, products, services, training, or derivative materials substantially based on Racks' content.

e) Using Racks' trademarks, logos, trade names, or distinctive signs without authorization.

f) Circumventing technical protection or access measures.

g) Mass-extracting content or using it to train artificial intelligence systems, models, or tools without express authorization.

Breach of this clause may result in the suspension or cancellation of access, without prejudice to any applicable legal actions.

The User undertakes to maintain respectful, professional, and appropriate behavior in all channels, platforms, communities, forums, chats, sessions, events, or spaces linked to Racks.

The dissemination of offensive, discriminatory, unlawful, defamatory, or violent content, unauthorized advertising, spam, confidential third-party information, content that infringes intellectual property rights, or any conduct that disrupts the normal operation of the course, program, community, or service is prohibited.

Racks may suspend or cancel the User's access to communities, chats, forums, sessions, platforms, or associated services in the event of a breach of these rules, without any right to a refund where the suspension results from conduct attributable to the User.

Where a course or program includes a certificate, diploma, record of participation, or similar document, its issuance shall be carried out in accordance with the terms indicated in the offer, platform, or applicable particular terms.

The name, scope, requirements, issuing entity, endorsement, signature, format, and issuance conditions of the certificate shall be those indicated for each specific course or program.

Where the course, program, event, or service includes live sessions, webinars, classes, mentoring, events, or recorded activities, the User will be informed of this circumstance where applicable.

The User's participation in recorded sessions may involve the processing of their image, voice, name, contributions, messages, or shared content, as provided for in the Privacy Policy and in the applicable particular terms.

Where the use of the User's image, voice, or participation serves promotional or commercial purposes, Racks will obtain the appropriate authorization where legally required.

The right of withdrawal, cancellation, return, and refund shall be governed by the Withdrawal, Cancellation, Return, and Refund Policy published by Racks and, where applicable, by the particular terms applicable to each course, program, event, digital content, or service.

Where specific particular terms exist, they shall prevail over the general policy with respect to the matters they specifically regulate.

Unless withdrawal, cancellation, or refund is legally applicable, failure to access, failure to view content, voluntary abandonment, inactivity, personal inability to complete the program, scheduling conflicts, or work-related, personal, medical, technical, or organizational reasons attributable to the User shall not, by themselves, give rise to any right to a return, compensation, discount, extension of the access period, or cancellation of outstanding amounts.

The contract grants the right of access to the content, resources, or services included, regardless of the level of use, participation, or actual engagement by the User.

Racks will provide the services with reasonable diligence and in accordance with the offer, particular terms, and applicable documentation.

However, Racks does not guarantee:

a) The achievement of specific results.

b) The permanent and uninterrupted availability of third-party platforms, tools, or services.

c) The future continuity of technology tools, APIs, models, or external services.

d) The compatibility of the course with subjective expectations not expressly set out in the offer.

e) Obtaining employment, income, clients, profitability, productivity, official certifications, or specific professional results.

Nothing in these General Terms and Conditions shall limit the rights to which the User is entitled when acting as a consumer under applicable mandatory law.

Racks shall not be liable for any breach, delay, suspension, interruption, modification, or impossibility of performance due to force majeure, unforeseeable circumstances, or causes beyond its reasonable control, including, among others, widespread failures of digital services, provider outages, cyberattacks, natural disasters, social unrest, health crises, regulatory changes, administrative decisions, unavailability of speakers, or serious technical incidents.

In such cases, Racks will endeavor to take reasonable measures to restore, replace, or reschedule the service where possible.

For any inquiry, incident, request, or complaint related to the contract, the User may contact:

Racks Educational AI USA LLC

Email: info@racks.university

Or:

Racks Labs, S.L.

Email: academy@rackslabs.com

Racks will endeavor to respond to complaints received as soon as possible and, in any event, within the maximum period applicable under consumer protection law when the User acts as a consumer.

The processing of the User's personal data shall be governed by the Privacy Policy published on the website.

The User may consult information about the controller, the representative in the European Union, purposes, legal bases, recipients, international transfers, retention periods, and rights in the Privacy Policy.

Racks may amend these General Terms and Conditions where necessary for legal, technical, commercial, operational, or organizational reasons, or to improve its services.

Amendments shall apply from the time of their publication on the website and shall not affect contracts already concluded, which shall be governed by the terms accepted at the time of contracting, unless the amendment is legally required.

These General Terms and Conditions shall be governed by the legislation applicable according to the contracting entity, the nature of the contracted service, the place of establishment of that entity, the place of residence of the User, and the capacity in which the User acts.

Where the User qualifies as a consumer, the choice of law or jurisdiction may not deprive the User of the protection afforded by the mandatory rules applicable in matters of consumer protection.

In the event of a dispute with consumers or users, the courts and tribunals having jurisdiction under the applicable mandatory legislation shall be competent.

Where the User acts as a business or professional, and unless other legislation is mandatorily applicable or otherwise established in specific particular terms, the parties shall submit to the courts of the domicile of the contracting entity indicated on the contracting page, invoice, purchase confirmation, or applicable particular terms.