Terms and conditions
Last Updated: December 18, 2023
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES THE SERVICES WE PROVIDE ONLINE ARE OF AN EDUCATIONAL NATURE AND ARE NOT A SUBSTITUTE FOR CARE FROM A QUALIFIED HEALTHCARE PROVIDER. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Totally Zen Healthcare BV / ENDUURO and/or its subsidiaries (collectively, “The Company” “we,” or “us”) owns and operates the website located at enduuro.com and and may now or in the future own and/or operate a mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by The Company, and any affiliated website, software or application owned or operated by The Company (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor; and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of eighteen (18) and individuals under the age of eighteen (18) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at [email protected] if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Acceptance of Terms And Conditions
By accessing and using the services provided by the Company, you agree to comply with these Terms and Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the service. Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
Description of Service
The Company provides an educational platform offering information and instructional content related to the management of premature ejaculation following a novel approach. This service includes access to videos, resources, and support via chat and email. By accepting this Agreement, you acknowledge and agree that The Company may send you messages, reports, and emails via the Service regarding your program. You understand and agree that The Company is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that The Company will not be responsible in any way and you will not hold The Company liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any recommendations or instructions provided to you.
Nature of Service
The service is provided for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition or its treatment
Your Relationship with Us
We make the Service available to individuals who register as users of the Service. By accepting this agreement you agree and acknowledge that you are not establishing a doctor-patient or other health care provider-patient relationship with The Company, or with any of the persons or entities related to the Company.
While you are not establishing a doctor-patient or other health care provider-patient relationship with the Company, by using the Service, you are establishing a direct customer relationship with the Company to use the Service, including the purchase of any services sold directly to you by the Company via the Service. In connection with such a relationship, you may provide to us personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section for additional information.
User Eligibility
The service is intended for users who are at least 18 years of age. By agreeing to these T&Cs, you represent and warrant that you are of legal age.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, The Companygrants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by The Companyin a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Hims & Hers. You agree that The Companyand its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Hims & Hers’ stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of The Company and may not be used without permission, including in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
Refund policy
Our guarantee is simple: if you fully engage with the service as directed and make a real effort but don’t achieve real results, we will provide a full refund, no questions asked. A 'real effort' means watching all the exercises and insights provided every week and then actively practicing them. We understand that applying these exercises consistently is key to your success. Should you encounter any difficulties, our team is always on hand to offer support and guidance. We've made the refund process straightforward and hassle-free. Our confidence in the value of our program is high, but this guarantee is here for your peace of mind, assuring that your investment in yourself is secure.
User Responsibilities
Users are responsible for their own actions based on the information provided by the service. The Company is not liable for any personal injury, including death, or damages related to or resulting from the use or misuse of the service.
Intellectual Property
All content provided by the service, including videos, texts, graphics, logos, and images, is owned by the Company or its content suppliers and is protected by international copyright and intellectual property laws.
Privacy Policy
Your use of the service is also governed by the Company's Privacy Policy, which is incorporated by reference into these T&Cs.
Jurisdiction and Dispute Resolution
These T&Cs and your use of the service are governed by the laws of the Netherlands without regard to its conflict of law principles.By agreeing to these Terms and Conditions, you expressly understand and agree that any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions or the use of the service shall be settled by binding arbitration or in a court of competent jurisdiction located in the Netherlands. This agreement to arbitrate or to bring disputes in the courts of the Netherlands includes, but is not limited to, any disputes related to the interpretation or application of this arbitration clause, any privacy or data use concerns, and claims related to the service itself. Your agreement to these Terms and Conditions constitutes consent to jurisdiction in the Netherlands, and you hereby waive any right to object to such jurisdiction based on the grounds of venue or inconvenient forum."
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED EUR 1,000.
Changes to Terms
The Company reserves the right to modify these T&Cs at any time. Your continued use of the service after any such changes constitutes your acceptance of the new T&Cs.
Contact Information
For any questions or concerns regarding these T&Cs, please contact us at support @enduuro.com or [email protected]
Acknowledgement
By using the service, you acknowledge that you have read and understood these T&Cs and agree to be bound by them.
Disclaimer of Warranty
The service is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses