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TERMS OF SERVICE

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE AND OUR PRODUCTS

Terms of Service

We are SaluStim Group Oy (“we,” “our,” “us”), a company incorporated in Finland with the company number 2919375-8.

This page, along with the details in our Privacy Policy, outlines the legal terms that apply when you use our Website and when you order Products through our Platforms. This document constitutes an agreement between you (“You”) and us. You must read these Terms of Service thoroughly and agree to them by clicking “I Accept” before using our Platforms and purchasing our Products. If you do not agree to these Terms of Service, you may not use our Website or Products, nor may you use our Platforms or purchase our Products.

For any inquiries, you can contact us at info@evanes.fi. If we need to reach you, we will do so via telephone or by sending an email to the address or postal address you provided in your order.

SaluStim Group and its associated services, branded as EVANES (“Service”), are subject to your compliance with the terms and conditions (“Terms of Service”) outlined below.

SaluStim Group reserves the right to amend and update these Terms of Service at any time by posting the changes on our website. Any new features added to the Service will be governed by these Terms of Service. Continuing to use the Service after any modifications will signify your acceptance of those changes. The most recent version of the Terms of Service can always be viewed here.

Any breach of these Terms of Service will result in the termination of your account.

  1. Privacy Statement

We are dedicated to safeguarding your privacy. Billing information is securely stored with our service providers, Domainkeskus and Google. Only authorized employees within our company, on a need-to-know basis, will access information collected from users. We continually review our systems and data to ensure optimal service for our users. For more details on our privacy practices, please refer to our Privacy Policy.

  1. Account Terms

You must be of legal age in your jurisdiction to form a binding contract and use this Service. You are required to provide your full legal name, a valid email address, and any other information needed to complete the registration process. You are responsible for keeping your account secure and private. SaluStim Group will not be liable for any damages or losses that result from your failure to protect your login information, including your password. We may communicate with you via email regarding your account, updates, or other account-related issues. SaluStim Group reserves the right to refuse service to anyone for any reason at any time.

  1. Payment and Access

Depending on the payment option you choose, we will charge you according to your order.

  1. Your Orders for Products

We will accept your order request when we send an email to the address you provided, confirming our acceptance of your order, thus forming a contract between us.

4.1 If We Cannot Accept Your Order: If we are unable to accept your order, we will notify you in writing and will not charge you for the Product. We may reject an order request for reasons such as product unavailability, unexpected limits on resources, errors in product pricing or description, failure to meet specified delivery deadlines, or inability to supply the product under regulatory requirements.

4.2 Your Customer Number: We will assign a customer number to your order and inform you of it once we accept your order.

4.3 Products and Packaging Variations: The images of Products and Product packaging on our Platforms are for illustrative purposes only. While we strive to accurately display the color, shape, and size of Products and packaging, we cannot guarantee that these will match what appears on your device. Therefore, your Product or packaging may differ from what is shown.

  1. Modifications to the Service and Fees

We will ensure that the standard of the Service remains high and consistent. We may make changes or improvements to the Service at any time. We do not guarantee that the Service will be error-free. The EVANES Device and earclip electrode come with a warranty, details of which are available here. SaluStim Group reserves the right to modify, suspend, or discontinue the Service at any time for any reason, with a notice period of 30 days.

  1. Conduct of Users

You, and any person you allow to access the EVANES equipment, agree not to use our services, including any devices or accessories we provide, in any manner other than as outlined in our safety and recommended usage guidelines.

  1. Cancellation and Termination

You are solely responsible for properly canceling your account. Requests for cancellation should be made through your online portal. You may cancel at any time, but you will remain liable for all charges incurred up to that point. If you have paid a one-time fee for our services, that will be the only charge for the service. SaluStim Group reserves the right to modify or discontinue the Service (or any part thereof), refuse any current or future use of the Service, suspend or terminate your account (or any part thereof), or remove any of your content in the Service, for any reason, including if we believe you have violated these Terms of Service. We will make reasonable efforts to contact you via email to notify you before suspending or terminating your account. Any suspected fraudulent, abusive, or illegal activity that might lead to termination of your use of the Service may be reported to the appropriate law enforcement authorities. SaluStim Group will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

  1. Copyright and Ownership

SaluStim Group or its suppliers hold the intellectual property rights to all components of the Service, including but not limited to the EVANES device and accessories, the Service name, and related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service owned by SaluStim Group or its suppliers. SaluStim Group does not claim intellectual property rights over the content you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your content.

  1. Support Services

SaluStim Group’s liability is limited to the data stored on its own servers and does not extend to third-party components and services.

  1. General Conditions

You assume full responsibility and risk for your use of this Service. You agree not to resell, duplicate, reproduce, or exploit any part of the Service without our express written permission. SaluStim Group, its affiliates, and its sponsors are not responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising from or related to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using it. Our total liability related to any claim arising from or concerning the website and/or the Products, information, documents, and services provided shall not exceed the fee paid by the user.

If any provision of these Terms of Service is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be affected. The failure of SaluStim Group to exercise any right under these Terms of Service will not be considered a waiver of that right. These Terms of Service represent the entire understanding between you and SaluStim Group regarding the Service and supersede any prior agreements, including previous versions of these Terms of Service.

Any questions regarding these Terms of Service should be directed to our contact email.

  1. Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

  1. Our Rights to Make Changes

12.1 Minor Changes to Products: We may alter Products to comply with legal and regulatory requirements, including but not limited to the EU General Data Protection Regulation, and to implement minor technical improvements. These changes might affect your use of the Product, which we will try to communicate to you in advance.

12.2 Significant Changes: As described on our Platforms, we may make significant changes to the Product. If so, we will notify you, allowing you to end the contract before the changes take effect and receive a refund for any Products paid for but not yet received.

12.3 Product Recall: The EVANES Device is registered as a medical device in the EU and other regions, classified as a MDD Class IIa product. We are obligated to maintain procedures for identifying and tracing each unit, lot, or batch of the EVANES Device and its components. We must also manage units that do not meet specified requirements and may recall non-conforming units as required by law or at our discretion.

  1. Your Health

We care about your health, and the information provided is intended to help you make informed decisions about your care and well-being. However, individual needs vary, and advice suitable for one user may not be suitable for another. We strongly recommend seeking specialist medical advice from a qualified professional before using our products or relying on the information provided via our Platforms, especially if you have any pre-existing conditions. By agreeing to these terms, you commit to seeking specialist medical advice before using our products and services and before relying on the information provided through our Platform. Products should only be used as intended, following the instructions for use. The EVANES device is intended for managing and reducing symptoms of depression, tinnitus-related stress, pain, anxiety, and insomnia. For the most current instructions for use, visit www.evanes.fi. SaluStim Group is not responsible for any adverse effects resulting from misuse of the device. Follow the EVANES instructions for proper use. Contact the SaluStim Group team or your physician if you experience adverse side effects.

  1. Accuracy and Completeness of Information

We continually update and improve the content on our Platforms. Therefore, it is possible that Products or information may be unavailable, inaccurate, or incomplete. We do not guarantee the accuracy, completeness, or availability of any content on our Platforms. If you rely on information from our Platforms, you do so at your own risk.

  1. Force Majeure

SaluStim Group is not liable for any delay or failure in performing our obligations due to circumstances beyond our reasonable control, such as natural disasters, acts of terrorism, war, civil unrest, or changes in law or government regulations.

  1. Waiver

If we fail to enforce any provision of these Terms of Service, it does not constitute a waiver of that provision or any other provision.

  1. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable.

  1. Entire Agreement

These Terms of Service constitute the entire agreement between you and SaluStim Group Oy regarding your use of our Platforms and Products and supersede any prior agreements or understandings.

  1. Governing Law

These Terms of Service are governed by the laws of Finland. Any disputes related to these Terms will be subject to the exclusive jurisdiction of the courts in Finland.

  1. Research Use

If you are purchasing a Product for research purposes, please contact our customer service team for further information and guidance.

  1. Indemnity

You agree to indemnify and hold harmless SaluStim Group Oy and its affiliates from any claims, losses, liabilities, damages, and expenses arising from your use of our Platforms and Products or any violation of these Terms of Service.

  1. Other Important Terms

22.1 Transfer of Agreement: We may transfer our rights and obligations under these Terms of Service to another organization.

22.2 Transfer of Your Rights: You may not transfer your rights or obligations under these Terms of Service without our written consent.

22.3 Rights Under Contract: This contract is between you and us. No third party has any rights under this contract, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

22.4 Severability: If any provision of this contract is found to be illegal or unenforceable, the remaining provisions will remain in effect.

22.5 Delay in Enforcement: Our delay or failure to enforce any term of these Terms of Service does not constitute a waiver of our right to enforce that term in the future.

Changes to Our Terms of Service

We may update our Terms of Service from time to time. All updates will be posted on our website, and significant changes will be communicated to you via email. The last modification to these Terms of Service was on 25-Jul-2023.

Contact Information

For any questions about these Terms of Service, please contact us at info@evanes.fi.

The SaluStim Group Team