These terms of use (the ”Agreement”) sets out the legally binding terms and conditions applicable to your use of the Endor mobile app (the “Endor App”), www.endor.global (the “Website”) and certain other services, features and content made available by Endor (collectively, the “Services”).
Before proceeding with any purchase, we recommend that you carefully read these terms as they constitute a legally binding agreement between you, as the Member, and Endor Global AS (“Endor”) with the principal place of business at Fru Kroghs Brygge 2, 0252 Oslo, Norway. By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services.
Any questions can be directed to human@endor.global. We only accept responsibility for statements and representations made in writing by an authorized representative of Endor.
The Agreement
By accessing or using the Services, including the Website, you expressly agree to be bound by all the terms and conditions of this Agreement and to the Endor Privacy Policy, which is part of this Agreement and incorporated by reference.
In this Agreement, we refer to ourselves as “Endor” or “us” or “we”; we refer to you as “you” or “Member”, each individually as a “Party” and collectively as the “Parties.”
This Agreement applies to all users of the Services, regardless of membership type. This includes, without limitation: (i) all paid Memberships ; (ii) Trial Memberships (as defined below); (iii) Free Tier accounts (as defined below); (iv) Memberships that include a wearable device (Polar 360); (v) Founding Memberships (“Founding Members”); and (vi) Dark Horse memberships (“Dark Horse Members”). All provisions of this Agreement apply to all membership types unless a specific section expressly states otherwise.
Member eligibility
By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement to use the Services.
Services description
3.1. Members to the Endor App
Endor provides a well-being membership, where the Member gets access to the Endor Global App.
The Services include:
Access to the Endor Global App, which is an application for iOS that offers well-being and mindfulness content for stress, movement and focus. You can gain insights into your biofeedback by connecting a compatible* wearable device to the Endor Global App, or by using your mobile phone.
Web App: Access to the Endor Web App at https://practice.endor.global, which offers Endor's well-being and mindfulness content through your web browser.
Website: The website where users can learn about the Services and access support.
*Endor Global is compatible with the Polar 360, Polar Loop, Polar Verity Sense, and all wearable devices that integrate through Apple Health.
You are given access to the Services by purchasing and paying for a membership (the “Membership”), by signing up to a Trial Membership, or by registering for a free account with limited features (the “Free Tier”).
3.2. Memberships that came with a wearable device
If your Membership came with a wearable device as described during the course of purchasing your Membership, it included a Polar 360 device, a wristband that collects biometric data such as heart rate and heart rate variability, stress levels, sleep quality, and activity (the “Device”).
3.3. Members of Dark Horse
Dark Horse memberships include access to the Endor App, a Polar 360 Device (optional), expert sessions, and Endor merchandise, as specified at the time of purchase. Dark Horse members are invoiced separately and payment terms are provided directly by Endor.
3.4 Endor does not provide medical advice
YOU AGREE THAT THE SERVICES ARE NOT CONSIDERED MEDICAL ADVICE OR SERVICES AND THAT THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT ANY MEDICAL CONDITION. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
Please see below for more information and precautions.
Member responsibilities
4.1. Account Security
You are responsible for maintaining the confidentiality of your Endor App account credentials. You acknowledge that your account and credentials are personal to you and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. Member accounts and memberships are not transferable. You agree not to sell, transfer, or exchange Member accounts or memberships.
Notify us immediately of any unauthorized access or use or other breach of security at human@endor.global.
In the event we suspect a security breach, Endor reserves the right to disable any username, password, or other identifier at any time, whether chosen by you or provided by Endor.
4.2. Proper Use
You agree to provide true, accurate and complete information and to keep your Endor account information current and updated.
You agree to use the Services in compliance with this Agreement and with all applicable laws relating to your use of the Services. The Services are provided to you for personal use only and may not be used in connection with any commercial activities, except with prior written approval from Endor. You are responsible for the activities that occur under your account.
You will not:
· Reverse-engineer, modify, or tamper with the Endor Global App.
· Use the Services in a way which harms the operation of the Services like introducing malware or hacking the security of the Services.
· Collect email addresses or usernames to send unsolicited emails.
· Use the Services for unlawful purposes, to harm others, or otherwise in a way which is inappropriate or offensive to others.
· Share your account with others or allow unauthorized access to it.
· Reverse-engineer, modify, or tamper with the Device.
Endor reserves the right to disable your access to the Endor Global App, should you be in breach of these proper use requirements.
4.3. Use of the Endor Global App
You are responsible for ensuring that you are able to use the Endor Global App or the Web App. Use of the Services is dependent upon a compatible iOS mobile device or a supported web browser (including on Android devices), together with internet access. Some features are available offline, but internet access is required to download and sync your content and for full functionality.
Endor does not have responsibility for loss of data or other damage, or loss suffered in connection with your use of the Services, including any failure to provide adequate security.
Certain features in the Endor Global App rely on biofeedback. Biofeedback can be obtained by connecting a supported compatible device to the Endor Global App (as described under clause 3.1), or by using your device’s camera to measure photoplethysmography (PPG) signals.
4.4. Device care
If your membership came with a Polar 360 device, follow care instructions provided with the Polar 360 Device to avoid damage. We are not liable for damage due to misuse.
Intellectual Property
All content provided in relation to the Services, including but not limited to the Endor Global App, the Web App and the Website, hereunder the graphics, images, videos, audios, user and visual interfaces, electronic art, music, code, and data (the “Content”), and underlying technology, are owned by or licensed to Endor. The Content includes proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems and similar technology including third party large language models (“AI”).
Subject to this Agreement and your active Membership, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to (i) use the Services and Content and (ii) use the software embedded in the Polar 360 device, in each case for personal, non-commercial purposes.
You may not copy, modify, transfer, assign, publicly perform, make a derivative version of or distribute any part of the Content without Endor’s prior written consent.
The Content may be owned by Endor or have been provided through an agreement Endor has with our partners, sponsors, experts, affiliates or suppliers.
You shall not use, copy, display, or store the Content for any purpose other than as expressly permitted in this Agreement or with our prior written permission.
The Content is protected by intellectual property rights, including, for example, patent, trademark, and copyright. Use of the Content in violation of this Agreement may infringe such intellectual property rights and other laws. If you breach any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
All Endor Members, including the Founding Members, may provide feedback, suggestions, comments or other input regarding the Endor Global App (“Feedback”). Such Feedback shall be deemed non-confidential and may be freely used, modified and incorporated by Endor into its Services, with all rights assigned to Endor, without any attribution, or compensation to any party.
The Membership
6.1. Activation of Membership
Your free trial (the "Trial Membership") begins on the day you sign up for it and create your account, and this Agreement applies from that point.
Your paid membership is activated on: (i) the day you purchase a Membership; (ii) the day you redeem an offer code; or (iii) the day your free trial ends, as applicable.
Some members, including Founding Members, received access codes to activate their Memberships.
To access the full features of the Services, you are required to maintain an active paid Membership. Free Tier users may access limited features of the Services without a paid Membership, subject to the restrictions described in Section 10A. Without an active Membership or Free Tier account, the Agreement, including your right to use the Services, shall terminate.
Your Membership term can be annual, quarterly, or monthly (the “Term”), as described in the course of purchasing the Services:
- An annual Term is 365 days from the day you activated the Membership (“Annual Term”);
- A quarterly Term is 3 calendar months from the day you activated your Membership (“Quarterly Term”); and
- A monthly Term is 1 calendar month from the day you activated your Membership (“Monthly Term”).
Payment and fees
Membership fees are charged through the Apple App Store in accordance with Apple’s in-app purchase guidelines and policies. Legacy members who originally purchased through the website will continue to be charged automatically through their original payment method. Payment is processed at the time of purchase, unless you signed up for a free trial as described below.
You agree to pay all applicable fees for the Membership including any user fees, charges, or shipping costs as applicable that you agree to purchase as part of the Membership during the checkout process. You agree to pay all fees including customs fees (if applicable) and all applicable taxes incurred prior to termination or cancellation of the Agreement. The specific payment terms of your Membership are provided to you as part of your initial checkout process, and are incorporated into this Agreement.
By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Apple (for App Store purchases) or our payment processor (for legacy automatic renewals) to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified or is otherwise not acceptable, your Membership may be suspended or cancelled.
Payments are processed through the Apple App Store or, for legacy members, automatically through their original payment method. All transactions are subject to the applicable payment processor’s terms, conditions and privacy policies in addition to this Agreement. We are not responsible for any errors by the payment processor.
Please note that the Membership fee is non-refundable, even if you stop using the Services or the Polar 360 device (if provided), except as provided under the Well-being Guarantee in Section 14A or as required by applicable consumer law in your jurisdiction.
Endor may adjust the Membership fees or any features or other parts of the Services at any time. Endor will provide reasonable advance notice of any change to the Membership fees via the email address linked to your account, and where a specific notice period is required by applicable law, Endor will provide notice in accordance with that requirement. Continued use of the Services indicates your acceptance of the change.
Endor may from time to time provide a discount or other considerations to some or all of our members. The decision to provide such discount or consideration, in addition to the amount and form of such discount or consideration is at the sole discretion of Endor.
Notwithstanding the foregoing, Members may be entitled to a refund under the Well-being Guarantee set out in Section 14A, subject to the conditions therein.
8. Renewal of Membership
The Membership Term auto-renews and will continue to renew as an Annual, Quarterly, or Monthly Term until the Member cancels, as described in the course of purchasing the Membership. A Member must cancel before the renewal date.
Unless indicated by Endor, your provided payment method will be charged prior to, or at the beginning of, each Term for the Membership renewal fee plus any applicable taxes and other charges. The Membership renewal fee may change.
If you have obtained a free Membership, it shall continue until the earlier of the end of the applicable free Membership period, or if no period is stated, 1 month, or when otherwise terminated in accordance with this Agreement.
Free Tier users may upgrade to a paid Membership at any time through the Endor Global App or Website. Upon upgrading, the paid Membership will commence immediately, and payment will be processed using the payment method provided. Free Tier users who upgrade will be charged the applicable Membership fee at the time of upgrade and will be subject to the auto-renewal terms set forth in this Section.
Founding Memberships are subject to the same payment and Membership terms as described in this Agreement.
9. Cancelling your Membership
You may cancel your Membership at any time, which takes effect at the end of the current Membership Term that applies to you. You cancel by contacting our team by emailing human@endor.global, or by entering into the account management page in the Endor Global App.
Please note that, unless required by applicable law, cancelling the Membership does not entitle you to a refund for the remainder of your Membership Term.
For the avoidance of doubt, the Well-being Guarantee described in Section 14A operates independently of cancellation and is subject to its own eligibility requirements.
You may withdraw from your purchase without reason within fourteen (14) days, per the Norwegian Right of Withdrawal Act (angrerettloven), by emailing human@endor.global.
We will refund all payments within fourteen (14) days of your notice. If you expressly consent to immediate access to the Services and acknowledge losing your right of withdrawal, it lapses once delivery of the digital content begins.
If your Membership came with a Polar 360, and you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days of delivery of your Device, provided that you have not started to use the Content or Services during this period.
You must inform Endor about the use of this right within 14 days after the delivery of your Device and provide the prescribed information below.
When exercising this right:
· The notice should be sent by email to human@endor.global
· You must return the Device within 14 days from notification
· You must cover the direct costs of returning the Device
· Endor shall reimburse all payments received from the buyer within 14 days of being notified, subject to the Device being returned.
Endor may, in the event of a material breach of the terms of this Agreement, for example breach of the Member Responsibilities or Intellectual Property obligations, terminate your Membership.
10. Trial Memberships (Time-Limited Free Trial)
This Section 10 applies to time-limited Trial Memberships offered by Endor. Trial Memberships are available to new users in connection with Monthly or Annual Memberships. However, this Section remains in effect for any Members who activated a Trial Membership prior to its discontinuation. Trial Memberships are distinct from the legacy Free Tier described in Section 10A.
Endor offers a 7- or 14-day free trial to allow new users to test the Services before committing to an annual Membership. Members who activate a Trial Membership are subject to all other applicable terms and conditions set out in this Agreement and may cancel at any time during the 7- or 14-day trial period (the "Trial Period"). After the Trial Period, the Membership automatically renews as a Monthly orn Aannual Membership, and the applicable Membership annual fee will be charged unless cancelled before the Trial Period ends.
If you signed up for a 1-month free trial membership with a Polar 360, the membership automatically renews as a Quarterly Term membership, which shall automatically begin at the end of the calendar month, unless you cancel. Please note that you must bear the cost of return shipping if you decide to cancel a trial with a Polar 360 device. You must return your Device within 14 days after your Trial period ends. If you cancel your Trial but do not return your Device, or return a broken Device, You will be charged a restocking fee of USD 150.
Trial Memberships are subject to the autorenewal terms provided in this Agreement.
Trial Memberships are only available to new members of Endor.
10A. Free Tier
Endor previously offered a Free Tier that allowed users to access limited features of the Services at no cost, without a time restriction. The Free Tier is no longer available to new users. This Section continues to apply to users who enrolled in the Free Tier prior to its discontinuation ("Legacy Free Tier Users"). Unlike Trial Memberships, Free Tier access is ongoing and does not automatically convert to a paid Membership.
Free Tier users have access to a subset of the Services’ features as determined by Endor. The specific features available to Free Tier users may change at Endor’s discretion. To access the full features of the Services, including premium Content and advanced biofeedback features, Free Tier users must upgrade to a paid Membership.
No charges will be made to Free Tier users unless they voluntarily upgrade to a paid Membership. Free Tier users are subject to all other applicable terms and conditions set out in this Agreement, except for those relating specifically to payment, auto-renewal, and cancellation of paid Memberships.
Endor reserves the right to modify, limit, or discontinue the Free Tier, in whole or in part, at any time, including by closing it to new users while maintaining access for existing Legacy Free Tier Users.
10B. Referral Program
Endor may offer an in-app referral program (the “Referral Program”) that allows eligible Members to earn rewards by referring new users to the Services. The Referral Program is available exclusively through the Endor Global App and is subject to the terms set out in this Section.
10B.1. Eligibility
To participate in the Referral Program, both the referring Member (the “Referrer”) and the referred user (the “Referred User”) must hold an active paid Membership at the time the reward is claimed. Members on Trial Memberships or Free Tier accounts are not eligible to earn or claim referral rewards.
10B.2. How the Referral Program Works
Eligible Members may share a personal referral link through the Endor Global App. When a Referred User signs up and commences a paid Membership using the referral link, a reward becomes available to both the Referrer and the Referred User. The referral link directs the recipient to the Endor Global App or, if the app is not installed, to the Apple App store.
10B.3. Rewards
The nature and value of referral rewards are determined by Endor at its sole discretion and may change from time to time. Rewards may include, but are not limited to, complimentary subscription periods added to the Member’s existing Membership. Endor reserves the right to modify, replace, or discontinue the type of reward offered under the Referral Program at any time without prior notice.
10B.4. Claiming Rewards
Rewards must be claimed by the eligible Member through the Endor Global App. Claiming a reward requires the Member to approve the redemption via the platform’s in-app purchase confirmation mechanism. Endor cannot apply rewards automatically; the Member must actively confirm the claim within the app. Both the Referrer and the Referred User must hold an active paid Membership at the time of claiming.
10B.5. Reward Expiration
Unclaimed rewards expire one (1) year from the date they were earned. After expiration, the reward is forfeited and cannot be claimed, extended, exchanged for cash, or transferred to another Member. It is the Member’s responsibility to claim any earned rewards before the expiration date.
10B.6. Restrictions and Abuse
Referral rewards are non-transferable, non-exchangeable, and carry no cash or monetary value. Members may not refer themselves or create multiple accounts for the purpose of earning referral rewards. Endor reserves the right to revoke rewards, suspend or terminate a Member’s participation in the Referral Program, or take other appropriate action if it determines, at its sole discretion, that a Member has engaged in fraudulent, abusive, or otherwise improper conduct in connection with the Referral Program, including but not limited to the use of spam, misleading communications, or any activity that violates this Agreement.
10B.7. Modifications and Discontinuation
Endor reserves the right to modify, suspend, or discontinue the Referral Program at any time, with or without notice. Any rewards earned prior to such modification or discontinuation will remain subject to the terms in effect at the time they were earned, including the expiration terms set out in Section 10B.5.
11. Terms of Delivery for memberships with a Polar 360
For Memberships that came with a Polar 360 device, standard delivery time in Norway is typically 3-5 business days after order confirmation.
For international shipments, the standard delivery time is typically 7-14 business days after order confirmation, but may vary depending on destination country and customs procedures.
The buyer is solely responsible for all customs duties, taxes, and fees levied by the destination country. These charges are not included in the purchase price or shipping costs, and Endor takes no responsibility for these additional costs. Such charges must be paid by the customer directly to the appropriate authorities or to the delivery company upon delivery. The calculation of duties depends on the assessable value of the shipment and varies by country.
12. Use of Data and Privacy
All personal information processed by Endor is treated in accordance with our Privacy Policy. You consent to Endor’s collection and use of personal data as described in our Privacy Policy, including to the sharing of such information with trusted third-party service providers for purposes of providing, marketing, and improving the Services, as described in our Privacy Policy.
By agreeing to the terms and conditions in this Agreement you expressly give your consent to allow Endor or our affiliates and agents to contact you using the email address or phone number you have included in your account. You can opt out of this choice by reaching out to Endor at: human@endor.global.
Endor disclaims all liability under this Agreement for any information you provide that may constitute electronic patient health records supplied by you, notwithstanding any applicable laws or regulations.
13. Disclaimer of Warranty
You may have certain rights under consumer law and nothing in this Agreement is intended to limit or remove these rights. We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.
To the maximum extent permitted by applicable law, the Endor Global App, Services, Content and Device (if provided by Endor Global) are provided on an “as is” and “as available” basis without any express or implied warranties or conditions of any kind. Endor and its subsidiaries, affiliates, officers, directors, agents and partners shall not be subject to liability for accuracy, or completeness of any information conveyed to Members of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Further, we make no warranty that the Services or Content will be available error free or that the Services or the Content are free of computer viruses or destructive features. If your use of the Services or the Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. You agree that you use the Services, Content and Device at your own risk.
No verbal or written information provided by Endor or an Endor representative shall create a warranty.
14. Guarantee
14A. Well-being Guarantee
If you are a paying Member on a Monthly or Annual Term and you purchased your first Membership directly from Endor, you may request a full refund of your first Membership payment under this Well-being Guarantee if, after using the Services as described below for thirty (30) days from Membership activation, you are not satisfied with the Services.
To be eligible, you must:
(i) have held an active paid Membership for at least thirty (30) consecutive days from activation;
(ii) have completed at least four (4) Endor check-ins per week during that period, with a minimum of four (4) active days per week, as recorded in your account usage data; and
(iii) submit your refund request by email to human@endor.global within fourteen (14) days after the end of the 30-day period, referencing the email address associated with your account.
Endor will verify your eligibility using the usage data recorded in your account. As a final step, you must attend a complimentary fifteen (15) minute online conversation with an Endor representative to share your feedback, which you can book here. We will offer you an appointment promptly, and any delay on our side will not affect your eligibility. The outcome of the conversation does not affect your right to the refund, if the eligibility conditions are met, the refund will be issued.
If the eligibility conditions above are met, Endor will refund the full amount paid for your first Membership within fourteen (14) days of confirming eligibility, using your original payment method. If you purchased your Membership through the Apple App Store, refunds are processed through Apple. Once Endor confirms your eligibility, we will direct you to Apple's refund process. If a refund cannot be completed through Apple, Endor will honor the guarantee by other means.
The Well-being Guarantee applies only to the first Membership purchased directly from Endor and may be used once per Member. It does not apply to renewals, gift subscriptions, promotional offers, Trial Memberships, Free Tier accounts, purchases made through third-party resellers, or amounts already refunded under applicable app store policies. Endor may decline a request where the eligibility conditions are not met or where there is evidence of fraud or abuse, in which case Endor will state the reason in writing.
This guarantee is a voluntary commercial guarantee and does not constitute a warranty of any specific health outcome. The Services remain subject to Sections 13, 15, and 16 of this Agreement. This guarantee applies in addition to, and does not limit or affect, your mandatory rights under applicable consumer protection law, including your statutory right of withdrawal (see Section 9) and your rights under the Norwegian Consumer Purchases Act and Marketing Control Act.
14B. Polar 360 Device Guarantee
If your membership came with a Polar 360 Device, the Device that shall be free from defects in material and workmanship for one (1) year from the date of purchase, unless the law in your jurisdiction requires a longer guarantee period. Within this period, Endor shall replace at no charge to you the Polar 360 Device in accordance with this limited warranty. You are responsible for any related shipping charges. Replacement products may be new or refurbished at our discretion.
The guarantee does not cover normal wear and tear of the battery, or other normal wear and tear, damage due to misuse, abuse, accidents or non-compliance with the precautions or care instructions, such as improper maintenance, cracked, broken or scratched cases/displays or textile wristband. The guarantee does also not cover any damages, losses, costs or expenses, direct, indirect or incidental, consequential or special, arising out of, or related to the Polar 360 Device.
The guarantee does not apply to member misuse of the Polar 360 Device, such as (i) physical damage (for example dropping the Polar 360 sensor, causing it to crack or break) and (ii) Improper maintenance (for example failing to clean or maintain the sensor as recommended, leading to performance issues).
If the law in your jurisdiction in effect at the time of purchase requires a longer guarantee period, this limited warranty shall be extended to the extent required by such law.
Guarantee replacements have a new guarantee period which is the longer of ninety (90) days or the balance of the original one year (or as required by law in your jurisdiction) guarantee.
15. No medical advice
The Services are intended solely for personal well-being purposes and not for making any medical or mental health decisions and is not considered medical or mental health advice.
Endor provides the Services for you to manage and improve your well-being-related information. All Content, including AI based Content, available through the Services is for informational or educational purposes only, and are not intended to diagnose, treat, cure or prevent any disease, medical or mental health condition, and cannot replace the services of physicians or medical professionals. The Services shall not be used for diagnosing or treating any health or mental health-related problem. Only your physician or other health care provider can provide medical advice.
The receipt of Services or any communication with Endor or Endor representatives, including any 1:1 session with an Endor expert, does not create a doctor-patient relationship between you and Endor.
If you have any health-related questions or believe you may be experiencing a medical emergency, please contact your healthcare provider or go to the emergency room immediately.
16. Precautions
Prior to initiating or modifying any exercise, well-being activities, sleep schedule or diet, you should always consult a qualified and licensed medical professional. Exercise and athletic activities, including the Content you are given access to as part of the Services, can involve inherent and significant risks of bodily injury or death, or property damage. By initiating any activity as part of using the Services, you assume all such risks.
You agree that neither Endor nor any of the Endor representatives, are a healthcare provider, instructor or personal trainer, and that the Content and Services, including the AI based Content that may appear to be personalized, may not be appropriate for you.
Endor is not responsible for any health problems that may result from information you learn about through the Content or the Services. If you make any change to your exercise, well-being activities, sleep schedule or diet based on the Services, you agree that you do so fully at your own risk.
Do not use the Polar 360 Device with a pacemaker or other implanted device without medical approval from a qualified and licensed medical professional. If you experience redness or skin irritation while wearing the Polar 360 Device, remove it immediately. If symptoms persist longer than 2-3 days of not using the Polar 360 Device, please contact a medical professional.
If you are using your Device with any strap other than the straps provided by Endor, you must ensure that the alternative strap fits appropriately and snug for accurate sensor functioning. Endor shall not be liable for any malfunction arising from inadequate fit.
The Polar 360 Device should not be placed in the mouth at any time. Children should not be left unattended with the Polar 360 Device as it may pose a choking hazard.
Please note that the Services are subject to various limitations (e.g. poor signal quality or missing signal) and are not guaranteed to be error-free or accurate.
The Endor Global App includes an AI feature that needs to be used with caution. AI may contain misleading information or errors and may sometimes miss context, and may not be reliable. You agree to use independent judgement before relying on or otherwise using the recommendations from AI.
17. Limitation of liability
Endor does not accept responsibility for any loss or damage that was not caused by our breach of this Agreement or that was not, at the time you agreed to this Agreement, a reasonably foreseeable consequence of us breaching this Agreement. We do not limit liability for death or personal injury caused by our negligence or the negligence of our employees, and for fraud or fraudulent misrepresentation.
IN NO EVENT SHALL ENDOR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE POLAR 360 DEVICE, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF ENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ENDOR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM A PROHIBITED USE OF THE POLAR 360 DEVICE OR SERVICES.
If the consumer laws in your jurisdiction limit the effectiveness of this agreed limitation of liability, our liability shall not be limited as far as limited or prohibited by law, but shall remain limited to the greatest extent permitted by law, both in terms of application of law and financial remedies.
18. Indemnity
To the extent permitted by the law applicable in your jurisdiction, you agree to hold Endor and our subsidiaries, affiliates, officers, agents, employees and partners harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your use or misuse of the Content or the Services, or your violation of law in relation to the Services. You agree to cooperate with any reasonable requests assisting our defense of such matters.
19. Modification to the Agreement and Services
Endor may update this Agreement or our Privacy Policy at our discretion to reflect changes in the Content, our Services, applicable laws, or other factors. We will notify you of material changes, such as those affecting your rights, obligations, or the core functionality of the Services with reasonable advance notice before they take effect, via email, in-app notifications, or by posting on our Website at www.endor.global.
By continuing to use the Services after the changes become effective, you agree to be bound by the updated terms and conditions. If you do not agree with the changes, you may stop using the Services or, for Memberships, cancel your Membership as outlined above, before the changes take effect.
We may modify the Services, including features, pricing, or availability, at our discretion, without notice, refund or reimbursement to:
· comply with law, court order, or government action:
· to make technical adjustments and improvements, for example to address a security threat; and
· to update and improve the Services.
The Endor Global App may automatically download and install updates or upgrades to improve performance, security, or functionality. Endor is not liable to you or any third party for any modification, suspension, or discontinuation of the Services, except as required by applicable law.
20. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of Norway.
The parties shall attempt to resolve any disputes amicably. Before seeking any legal remedy from or related to your use of the Services, you agree to inform us in writing and give us 30 days to cure before initiating any action.
22. Miscellaneous
Survival: All clauses of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled Customer Responsibilities, Limitation of Liability, Indemnity, Disclaimer of Warranty, Governing Law and Dispute Resolution.
Submission of Claims: Any complaint or claim arising out of or in connection with this Agreement shall be submitted in writing to the other Party without undue delay and no later than 14 days after the issue arose. Such notice must provide a reasonably detailed description of the facts or defects giving rise to the claim. A failure to provide notice without undue delay after it becomes aware, or should have become aware, of the event or circumstance shall result in the waiver and forfeiture of that Party’s right to assert such claim.
Limitation of Claim: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.
Assignment: This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us if such transfer or assignment does not materially affect your rights under this Agreement (other than the change of counterparty). This Agreement will inure to the benefit of our successors and permitted assigns.
Entire Agreement: This Agreement and the Privacy Policy constitute the complete and exclusive agreement between Endor and you regarding the Services, and supersedes any communications, statements or understandings between the parties.
Non-waiver: A failure by Endor to enforce or act on any provision of this Agreement shall not be construed as a waiver of that provision. No waiver is effective against Endor unless such waiver is made in writing.
Export Compliance: You shall not directly or indirectly export or re-export the Services to any person, entity, country, or area prohibited or restricted by applicable export control and sanctions laws.
Notice Regarding Apple. This clause (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this Agreement is between you and Endor only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary of these terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Us
If you have any questions about these Terms of Use, You can contact us by email at: human@endor.global