Terms of Use

‍Terms and Conditions of Licence Agreement

End User Licence Agreement (EULA)
Endo45 Website & Application
Worldwide Licensing

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Terms and Conditions of Use

These are the terms and conditions under which Endo45 Limited licenses its website and mobile application to you. By subscribing to and using the Endo45 App or accessing our website, you agree to be bound by these Terms.

If you do not agree, you must not use the App or Website.

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1. Medical Disclaimer

1.1 No Doctor–Patient Relationship

Accessing the Endo45 website or downloading and using the Endo45 App does not establish a doctor–patient relationship.

1.2 Educational Purpose Only

The content across the Endo45 website, App, and social media channels is provided for educational and wellness purposes only.

1.3 No Diagnosis or Treatment

The App does not provide medical advice, diagnosis, or treatment.
Information, tracking outputs, scoring systems (including the “Endofit” score), badges, and insights are informational tools only.

They are not a substitute for professional medical advice.

1.4 Priority of Professional Advice

You must consult a qualified healthcare professional familiar with your medical history before making decisions about treatment or health management.

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2. Data Protection & Privacy

By creating an account and using the App, you acknowledge that:

• Your personal data will be processed in accordance with our Privacy Policy.
• Our Privacy Policy forms part of these Terms.
• Health-related information you voluntarily enter into the App will be processed to deliver personalised tracking and functionality.

By entering health-related data, you provide explicit consent for that processing as described in the Privacy Policy.

You may withdraw consent at any time by deleting your account.

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3. Parties

We are Endo45 Limited, a company registered in New Zealand (Company No. 8315000).

You are any individual who subscribes to or uses the Endo45 App or Website.

You may not use the App or Website if:

• You are under 16 years old in the EU, UK, or Switzerland.
• You are under 18 years old in other jurisdictions without parental consent.

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4. Definitions

• App – The Endo45 mobile software application.
• Device – Any electronic device capable of running the App.
• Copy or Publish – Reproduce, modify, distribute, or display the App in any form.
• Intellectual Property – All proprietary rights belonging to Endo45.
• Licence – The limited, non-transferable right to use the App.
• Software – The code and systems supporting the App.
• Restrictions on Use – All limitations outlined in this agreement and applicable laws.

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5. Grant of Licence

Permission is granted to download and use the App for personal, non-commercial use during an active subscription.

This Licence:

• Is non-exclusive
• Is non-transferable
• Is non-assignable
• Is revocable

You may not:

• Modify or copy materials
• Reverse engineer calculations
• Reproduce scoring logic
• Remove copyright notices
• Use the App commercially
• Share login credentials
• Mirror or redistribute the App

The Licence terminates automatically upon:

• Subscription expiry
• Breach of these Terms

Upon termination, you must uninstall and delete all App materials.

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6. Account Responsibility & Security

You are responsible for maintaining the confidentiality of your login credentials.

You agree to:

• Not share login details.
• Notify us immediately of suspected unauthorised access.
• Accept responsibility for activities under your account.

Endo45 is not liable for loss resulting from failure to safeguard your credentials.

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7. Profile & Health Data

When you register and complete onboarding, you create a Member Profile.

Profiles may include:

• Name or nickname
• Email address
• Symptom tracking data
• Habit tracking data
• Health-related information
• Subscription data

Sensitive health information is processed solely for delivering App functionality.

If creating a profile for another person, you confirm you have legal authority to do so.

Endo45 is not responsible for maintaining backups of your Profile Content.

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8. Payment & Pricing

Pricing is displayed on the Website, Apple App Store, or Google Play Store.

Prices may vary by country due to exchange rates.

All payments are:

• Non-refundable by Endo45
• Processed via Apple Pay or Google Pay
• Not stored by Endo45

Endo45 does not store credit card details.

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9. Service Availability

We aim to maintain continuous App availability but do not guarantee uninterrupted service.

The App may be unavailable due to:

• Maintenance
• Technical updates
• Platform outages
• Circumstances beyond our control

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10. Restrictions on Use

You agree not to:

• Reverse engineer the Software
• Sub-license or lend the App
• Share login details
• Use concurrently on multiple devices
• Use commercially
• Remove embedded identification markers

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11. Intellectual Property

All Intellectual Property rights remain with Endo45.

If you breach this agreement:

• You must stop using the App immediately.
• Destroy all copies.
• Provide confirmation of compliance if requested.

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12. Disclaimers & Limitation of Liability

To the fullest extent permitted by law:

Endo45 shall not be liable for:

• Loss of data
• Loss of profits
• Business interruption
• Indirect or consequential loss

We do not warrant that the App will be:

• Useful
• Error-free
• Secure without interruption
• Fit for a specific purpose

You agree that:

• Maximum liability is limited to the subscription fee paid.
• Use of the App is at your own risk.

Nothing in this agreement limits liability for death or personal injury caused by negligence where prohibited by law.

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13. Data Security

Endo45 implements reasonable technical and organisational safeguards, including encryption and access controls.

However, no system can be guaranteed to be completely secure.

You acknowledge that use of the App carries inherent internet-related risk.

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14. Indemnity

You agree to indemnify Endo45 against claims arising from:

• Breach of this agreement
• Violation of law
• Misuse of the App
• Intellectual property infringement

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15. U.S. Government End Users

U.S. Government end users:

1. 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:

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

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16. Miscellaneous

• This agreement is governed by the laws of New Zealand.
• Disputes shall be resolved in New Zealand courts.
• If any provision is invalid, the remainder remains enforceable.
• Electronic communications satisfy written requirements.
• Mediation will be attempted before litigation.

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