Terms and Conditions

Terms and Conditions of Licence Agreement

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End User Licence Agreement (EULA)

Terms & Conditions

Endo45 website & app for any device; worldwide licensing

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No Doctor-Patient Relationship: Accessing our website and downloading the Endo45 app does not establish a doctor-patient relationship. Always consult with a medical professional face-to-face before making decisions about treatments.

Priority of Professional Advice: Always prioritize the advice of medical professionals familiar with your medical history over any recommendations from our app or website. Endo45 is designed to provide a self-help guide for endometriosis sufferers and to aid in understanding the disease and making informed lifestyle choices.

Educational Purpose Only: The content across the Endo45 website, app, and our social media channels is for educational and wellness purposes only. It's not a substitute for medical advice or care.

No Diagnosis or Treatment Intent: The information on our platforms is not meant to diagnose health or fertility issues or replace the expertise of a qualified health professional. Always discuss your health concerns with a medical professional before acting on any information from Endo45.

Use of Personal Information: Any information or references within our app or website are meant for general knowledge. Sharing such information should be with the subject's consent and in line with their expectations.

Opinions and Beliefs: Content on our platforms may not necessarily reflect the opinions or values of Endo45.

These are the terms and conditions subject to which we license any of our products to you. We sell licences through subscriptions to use applications usually known as “apps”. By subscribing to a licence and using the app, you agree to be bound by them. You may not use Our Website or App if you are under the age of 18 years until you have received parental or guardian consent (including special terms of use for European Union (EU) users under 16).

We are Endo45 Limited, a company registered in New Zealand, number 8315000.

You are: Anyone who buys a licence from us, by subscribing to the Endo45 App or using our website.

It is now agreed as follows:

Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“App” means a software application for use on any Device or thing offered for licence by us on Our Website, the Apple App Store, Google Play Store or other access platform, and whether or not bought by you. “Device” includes any device, phone, workstation, electronic application, computer, laptop, Mac or electronic receiving device. “Copy or Publish” with reference to an App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work. "Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including all Apps, intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights. “Licence” means a licence granted by us to you in the terms of this agreement for use of an App. “Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Endo45 group of companies. It includes all web pages controlled by us. “Restrictions on Use” means first, the restrictions set out in this agreement and second, any law in your jurisdiction and all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the App. Third, restrictions include those made by you, if any, in private correspondence between us before your purchase.

“Software” means the software which constitutes the App or which provides any electronic function which supports the use of the App.

“Pronouns” Endo45 sometimes uses she/her pronouns in our website and App content for the purpose of medical clarity. Endometriosis (Endo) can affect anyone with a uterus and of reproductive age. Endo45 is open to all individuals regardless of gender or gender affiliation and we strongly believe in equality of medical care for everyone. (please visit www.endo45.co.nz/diversity for more information).

Interpretation in this agreement unless the context otherwise requires:

a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-orgnisation involving that person.
the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail. If a version of this agreement has been supplied to you in some language other than English, that is a courtesy only and that translated version is of no legal effect.

Warranty for our authority:

We represent, warrant and guarantee that we have the full right, power and authority to license and distribute the Endo45 Apps, including any images, photos, animations, audio and video components, music, text, and additional applications incorporated into the App and accompanying printed materials, if any.
You confirm that you have authority to enter into this agreement and have obtained all necessary approvals to do so (parental consent or other jurisdiction requirements).
In entering into this contract, you have not relied on any representation or information from any source except that on Our Website, App store and Google Store.
You accept responsibility for compliance with the laws and importation procedures of your jurisdiction which might affect your right to import, export or use the Software, and you represent that you have or will comply with all such laws and procedures.

Grant of Licence:

Permission is granted to download the App for a subscription fee from our website, the Apple ‘App Store’, Google ‘Play Store’ for personal, non-commercial transitory use while the subscription is valid only.
We grant to you a single Licence with single login (associated with your email address, this can be on multiple devices like your phone, iPad, mac etc. however the App is only tested on phones so may not work correctly on other devices) but only to use the App in jurisdictions as available on the App store. If a carer is providing care, then the carer will need to either purchase a separate logon or login with the patient details to enter data and benefit from the app functionality (this requires additional personal guarantees between carer and sufferer to ensure the sufferer is protected but is not covered by this agreement).

This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials.
use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
attempt to decompile or reverse engineer any software or calculations contained in the Endo45 App or website (www.endo45.co.nz) including the 'Endofit' score and recognition badges;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server or device.
We do not offer the Licence in all countries. We may refuse or revoke a Licence and return your payment (less pro rata use and admin costs) if you live in a country we do not serve.
The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
No express or implied licence of the App or any other material is granted to you other than the express Licence granted in this agreement.

This license shall automatically terminate at the end of your subscription, if you violate any of these restrictions it may be terminated by Endo45 at any time. Upon terminating your use of the App, viewing of these materials or upon the termination of this license, you must delete/destroy any downloaded materials in your possession whether in electronic or printed format and uninstall the App.

Further requirements of the Licence:

You must not allow any other person to use Endo45 app except in the situation or context for which you have bought it.
Every publication or appearance of an App on a Device must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of "Copy or Publish" used in this agreement.

You must not use the Endo45 App or website:

except for the use specified at the time of purchase.
in part or as a whole, to incorporate it in any intellectual property of yours or advertising.
If any information you give us is inaccurate, we may terminate your Licence and no refund of money will be due to you.

Profile:

When you register with us for access to the Endo45 App and successfully complete the onboarding and account registration process you will become a Member of the Endo45 App. As a Member, you will have the opportunity to create one profile which will include a name or nickname (for personalization) and to add information (data you record about your condition to help you understand your symptoms and share with your medical professional).
A Profile may relate to you, or it may relate to your child or other person you are caring for (the Carer).
A Profile may contain relevant information (including personal and sensitive health information) about the Carer or patient depending on what information is provided.
The information in that Profile may be collected, stored, used and shared with authorised third parties as part of the Services.
The Member is considered the person who registers and pays for the subscription to the App. As the Member, you will have the opportunity to input data or provide your logon information to the person requiring help like a child or someone you care for; to access the Endo45 app. Because of the sensitive and private nature of your health care and the health care of those Carers on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile and consider carefully whether to permit any Carer to access your Profiles.
All Members are responsible for monitoring the Profile Content uploaded or added to a Carer’s Profile, whether uploaded by the Member, by a Carer, or by other third parties.
If you are creating a Profile on behalf of another person (the Carer), by accepting these terms you attest that you are authorized by that Carer to create a Profile on their behalf. To the extent you take action on behalf of the Carer, you also attest that you have valid legal authority to take that action on behalf of that Carer. You may need to obtain the consent of the Carer.
Please note that Endo45 is not responsible for maintaining and protecting all Profile Content, and that you are responsible for maintaining and protecting all Profile Content. Endo45 will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.

Revisions and Errata:

The materials appearing on ENDO45's website and App could include medical, research, technical, typographical, or photographic errors. ENDO45 does our best to ensure materials on its website and App are accurate, complete, and current. ENDO45 may make changes to the materials contained on its website and App at any time without notice. ENDO45 does not, however, make any commitment to update the materials.
ENDO45 has reviewed all of the sites linked to its Internet website and App, however, is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ENDO45 of the site. Use of any such linked website is at the user's own risk and subject to that sites Terms and Conditions.
ENDO45 may revise these terms of use for its website and App at any time without notice. By using this website or App you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

The Price

The price payable for App is clearly set out on Our Website and when downloading the App.
The price charged for an App may differ from one country to another (financial exchange rates and or store currency differences). You may not be entitled to the lowest price unless you reside in the qualifying country.
Prices are inclusive of any applicable goods and services tax or other sales tax.
If, by mistake, we have under-priced an App, we will not be liable to supply the App to you at the stated price, provided that we notify you before we send it to you.
Prices are exclusive of import duty or any other tax charged or imposed by the country of importation, all of which are payable by you.
You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

Security of your credit / debt card:

We take care to make Our Website and App safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment (Apple Pay, Google Pay store).
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, the service provider will securely store your payment details on their systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Endo45 does not store credit card details on their systems.

Restrictions on Use of App

You agree that you will not:

use the App for any purpose or in any way except as you selected and paid when you bought it from the Apple App Store, google play Store or our Website and as provided in this agreement. Separate the component parts of the Software for use on more than one Device.
reverse engineer, decompile, or disassemble the Software.
sub-license, lease, or lend the Software or the App.
Copy or Publish the App except as specifically allowed in this agreement.
represent or give the impression that you are the owner or originator of any App.
use the App for any advertising, implied or otherwise.
remove any identification or reference number or other information which may be embedded in any file of the App.
allow any other person to use the App except in the situation or context for which you have bought it.
Copying the App or website.
share your logon details with other users.
You may install and use one copy of the Software/App at any one time on a single Device.
The app should be installed primarily on a mobile device (android or iPhone); however it may be installed on your personal other devices like iPad or Mac. The app is not designed or built to run on those devices and may not function as designed. If using it on another device, you agree to use it at your own risk. You must not use the Software/App on more than one Device at a time. Multiple concurrent logons with one email address are not allowed. The Software must not be used simultaneously on your mobile device, home Device or on your office Device.
You may show the app to other sufferers, businesses and carers who have an interest in using the app.

Disclaimers and limitation of liability:

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

In no event shall Endo45 or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ENDO45's Internet site and Application, even if ENDO45 or a ENDO45 authorized representative has been notified orally or in writing of the possibility of such damage.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty, or term.
Visiting this website and downloading the app does not equate to a doctor-patient relationship. Prior to stopping, changing, or starting treatments, meet with your medical professional or doctor in a face-to-face appointment and discuss your complete medical history. Discuss treatment options with a medical professional who knows your medical history and who can counsel you about treatment.
No Doctor-Patient Relationship: Accessing our website and downloading the Endo45 app does not establish a doctor-patient relationship. Always consult with a medical professional face-to-face before making decisions about treatments.
Priority of Professional Advice: Always prioritize the advice of medical professionals familiar with your medical history over any recommendations from our app or website. Endo45 is designed to provide a self-help guide for endometriosis sufferers and to aid in understanding the disease and making informed lifestyle choices.
Educational Purpose Only: The content across the Endo45 website, app, and our social media channels is for educational and wellness purposes only. It's not a substitute for medical advice or care.
No Diagnosis or Treatment Intent: The information on our platforms is not meant to diagnose health or fertility issues or replace the expertise of a qualified health professional. Always discuss your health concerns with a medical professional before acting on any information from Endo45.
Use of Personal Information: Any information or references within our app or website are meant for general knowledge. Sharing such information should be with the subject's consent and in line with their expectations.
Opinions and Beliefs: Content on our platforms may not necessarily reflect the opinions or values of Endo45.

We make no representation or warranty that the App will be:

useful to you;
of satisfactory quality;
fit for a particular purpose;
data-secure;
available or accessible, without interruption, or without error.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or App.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for a Licence (subscription fee).

We shall not be liable to you for any loss or expense which is:

indirect or consequential loss; or
economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contract and Commercial Law Act 2017, New Zealand) as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us by emailing info@endo45.co.nz. We welcome your input but do not guarantee to agree with your judgement.
Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

U.S. Government end users:

The Endo45 application provided under this Agreement is a commercial mobile application software program developed exclusively at private expense. Endo45 provides the Endo45 application for federal government end use solely in accordance with the following: Government technical data and software rights include only those rights customarily provided to the public as defined in this Agreement. Certain Confidential Information, including the Endo45 application, may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, FAR 12.211 and FAR 12.212 and, for Department of Defense transactions, DFAR 252.227-7015 and DFAR 227.7202-3, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, FAR 12.211 and FAR 12.212, DFAR 252.227-7015 and DFAR 227.7202-3, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished- rights reserved under the copyright laws of the United States. If a government agency has a need for rights not conveyed under these terms, it must negotiate with Endo45 to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable agreement.

You indemnify us:

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country.
your breach of this agreement.
any act, neglect or default by any agent, employee, licensee or customer of yours.
a contractual claim or breach of the intellectual property rights of any person arising from your use of the Apps or website.

You agree that at all times you will:

not cause or permit anything which may damage or endanger our title to any App or other Intellectual Property or the title of any other person whose work has been made available to us as an App.
notify us of any suspected infringement of the Intellectual Property.
If you use an App in a way not allowed by this agreement, we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
If we terminate the Licence on account of your breach, you agree that you will:
immediately stop using the App;
destroy all copies of the App and any downloaded content in your possession or control;
destroy any work of yours derived from an App.
In the event of a breach or dispute to assure us that you are using the App in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using an App. We will give you 14 days notice of this requirement. You agree also to provide access to relevant pages which have restricted access or are fire-walled.
If we reasonably believe that you are using an App beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.

Miscellaneous matters:

Our privacy policy is strong and precise. It complies fully with the Privacy Act 2020 which is at www.endo45.co.nz/privacypolicy.
You undertake to provide to us your current e-mail address and name as often as they are changed, together with all information that we may require to enable us to fulfil our obligations under this contract.
So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website and social media platforms. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail (note e-mail requires acceptance verification otherwise it is deemed not to be received – this is due to security settings and not all emails getting to the recipient).
Normal procedure is to send by express mail and e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery with receipt confirmation; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if confirmation of receipt has been received.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of New Zealand, and you agree that any dispute arising from it shall be litigated only in New Zealand.

Endo45 Limited Terms and Conditions of use (Website and Application)

Terms of Use

Terms and Conditions of Licence Agreement