TERMS OF SERVICE

Last updated: 24 June 2025

Updates Summary (non‑binding overview of amendments made on 24 June 2025)
• Added missing §§ 20‑25 (Governing Law, US/CA notices, Accessibility, Contact) • Added California Consumer Rights notice (§ 21.1.5) • Added EU digital‑health disclaimer for M1 (§ 3) • Added App‑Store platform terms (§ 10B) • Added Open‑Source licence pass‑through (§ 10C) • Added Belgian ADR carve‑out (§ 20) • Added New‑Jersey disclaimer carve‑out (§ 16) • Added high‑risk activity exclusion (§ 6.8) • Added beta‑features opt‑in clause (§ 12.2) • Expanded survival list and anti‑corruption warranty (§ 22) • Added detailed Devices & Hardware terms (§ 11A)

This summary is for convenience only and does not affect the interpretation of the Terms. is for convenience only and does not affect the interpretation of the Terms.*

1. Definitions

  • “Eforto”, “we”, “us”, “our” – UniWeb BV, a limited‑liability company organised under Belgian law, registered in the Belgian Crossroads Bank for Enterprises under number 0472383367, with its registered office at ’s Herenweg 16, 1860 Meise, Vlaams Brabant, Belgium, EU, and its U.S. affiliate Eforto Health Inc. (together, “Eforto”).

  • “Consumer Device” – the Eforto R1 Device marketed in the EU/UK for general wellness / fitness purposes only (i.e. not a medical device).

  • “Medical Device” – the Eforto M1 Vigorimeter marketed in the United States as an FDA‑listed Class II (Listing D559361). Use is restricted to qualified healthcare professionals in accordance with its Indications for Use and Instructions for Use (IFU).

  • “User”, “you”, “your” – any natural or legal person accessing or using the Services.

2. Acceptance & Eligibility

  1. Age. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or place an order. Minors may only use the Services under the supervision of a parent or legal guardian who accepts these Terms on their behalf.

  2. Authority. If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity.

2A. Children’s Privacy (COPPA)
The Services are not directed to children under 13. We do not knowingly collect personal information from children under 13 without verifiable parental consent. If we become aware that we have inadvertently collected such information, we will delete it as soon as reasonably practicable and may suspend the associated account until parental consent is obtained.

3. Headline Disclaimers

  1. No emergency or life‑support use. The Services are not intended to detect, monitor or treat life‑threatening conditions or to be used in emergencies. Call your local emergency number if you believe you may be experiencing a medical emergency.

  2. Consumer Device (R1). The R1 is a general wellness product. Data or insights produced by the R1 are not intended to diagnose, cure, mitigate, treat, or prevent disease and have not been evaluated by medical authorities.

  3. Medical Device (M1). Use of the M1 is restricted to qualified healthcare professionals in the United States and only in accordance with its indications‑for‑use, IFU, and all applicable federal and state regulations. Information about the M1 on our EU/UK websites is intended solely for U.S. healthcare professionals and should not be construed as advertising a CE‑marked medical device in the EU/UK. You must not export, re‑sell, or use the M1 outside the United States without our written consent. The M1 provides objective grip‑strength metrics only; diagnostic interpretation remains solely with the qualified healthcare professional.

  4. Scope of “Services”. For avoidance of doubt, the term “Services” in these Terms and in our Privacy Policy includes (i) the consumer‑wellness R1 ecosystem and (ii) the data platform that supports the M1 Medical Device.

4. Changes to the Services or Terms

We may modify these Terms or the Services at any time. If a change is material we will provide prior notice by email or in‑app notification. Continued use after the effective date constitutes acceptance.

 5. Accounts & Security

• Provide accurate, current, and complete information when creating your account and keep it updated.
• Keep your credentials confidential. You are responsible for all activities that occur under your account.
• Notify us immediately of any unauthorised use or security breach.

 6. Permitted Use & Prohibited Conduct

You must use the Services only for their intended purposes and in accordance with applicable laws. Without limitation, you must not:

  1. Copy, modify, reverse‑engineer, de‑compile, or create derivative works of the Services, except to the extent permitted by law;

  2. Upload malicious code, interfere with security features, or attempt unauthorised access;

  3. Use the Services to collect or process special categories of personal data (e.g. health data) without a valid legal basis and, where required, explicit consent;

  4. Misrepresent device capabilities or publish misleading claims about test results;

  5. Research & Publication. If you intend to use the Services for research purposes or publish, present, or otherwise disclose results derived from the Services, you must obtain our prior written consent and comply with any guidance we provide regarding study design, branding, and data protection;

  6. Use the Consumer Device or app in any clinical investigation or publication without prior written approval;

  7. Export‑Control & Sanctions. Use, export, re‑export, or transfer the Services in violation of applicable export laws, trade embargoes, or sanctions regulations of the United States, the European Union, or other relevant jurisdictions;

  8. High‑Risk Activity Exclusion. Use the Services in connection with nuclear facilities, life‑support systems, air‑traffic control, or other inherently dangerous applications where failure could lead to death, personal injury, or severe property damage.

7. Intellectual‑Property Rights

All content, software, trademarks, and other intellectual‑property rights in the Services are owned by or licensed to Eforto and are protected by applicable laws. Except for the limited licence explicitly granted herein, no rights are transferred.

8. Licence

Subject to your compliance with these Terms, Eforto grants you a personal, non‑exclusive, non‑transferable, revocable, and limited licence to use the software and content made available through the Services for their intended purpose.

9. Feedback & User Submissions

If you submit comments, suggestions, or other content regarding the Services (collectively, "Feedback"), you grant Eforto a perpetual, irrevocable, worldwide, royalty‑free licence to use, reproduce, modify, publish, translate, distribute, and display such Feedback for any purpose without restriction or compensation.

10. Third‑Party Services & Links

The Services may contain links to third‑party websites or integrate third‑party tools. We are not responsible for such websites, their content, or any third‑party terms.

 10A. DMCA Notice & Repeat‑Infringer Policy (17 U.S.C. § 512)

If you believe that material available via the Services infringes your copyright, please send a written notice to our designated DMCA agent containing the information required by 17 U.S.C. § 512(c)(3). Upon receipt, we will respond in accordance with the DMCA and may remove or disable access to the allegedly infringing material. Repeat infringers’ accounts may be terminated at our discretion.

Designated Agent: Legal Department – DMCA Claims, UniWeb BV / Eforto, ’s Herenweg 16, 1860 Meise, Belgium Email: compliance@eforto.com

10B. App‑Store Platform Terms

When you download the mobile app from Apple App Store or Google Play (each a “Platform Provider”): (i) the licence granted herein is limited to a non‑transferable right to use the app on any device you own or control and as permitted by the Platform Provider’s terms; (ii) the Platform Provider is not a party to these Terms and has no responsibility for the app or its content; (iii) the Platform Provider and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them against you; and (iv) you must comply with all applicable Platform Provider terms of service.

10C. Open‑Source Software

The Services may incorporate open‑source components licensed under separate terms. Those open‑source licences are made available on demand. To the extent required by the applicable open‑source licence, the provisions of that licence will apply in lieu of these Terms.

11. Pricing, Orders, Shipping & Returns (Devices)

  1. All prices are displayed in the indicated currency exclusive of taxes unless stated otherwise.

  2. We reserve the right to change prices or discontinue products at any time before we accept your order.

  3. Title and risk of loss pass to you upon delivery to the carrier.

  4. Consumer purchasers in the EU/UK have statutory withdrawal rights. Details are provided in our Return Policy.

  5. Replacement of lost/broken hardware. At our sole discretion and subject to stock availability, we may offer a goodwill replacement of lost or damaged hardware on payment of an administrative fee. This policy does not affect your statutory or limited‑warranty rights.

11A. Devices and Hardware

For purposes of these Terms, “Devices” shall be construed broadly to include any and all components, parts, or materials supplied by Eforto as part of the device system, whether provided separately or as part of an integrated package.

  1. Delivery and Inspection. Devices are deemed delivered when they arrive at your specified delivery location. You must inspect the Devices within forty‑eight (48) hours of delivery to confirm they conform to the agreed specifications and are free of visible defects. You must report discrepancies or defects in writing to Eforto within that period.

  2. Acceptance. If you do not deliver a written notice of rejection specifying the reasons within the 48‑hour inspection window, the Devices will be deemed accepted.

  3. Consequences of Rejection. For any properly rejected Devices, Eforto will, at its option, (i) repair or replace the non‑conforming Devices at no additional cost, or (ii) issue a credit or refund. Eforto may require you to return the rejected Devices to Eforto or its designated manufacturer; you will bear the shipping costs.

  4. Warranty Disclaimer. Except as expressly stated in § 15 or in any express written warranty accompanying the product, Eforto disclaims all express and implied warranties, including the warranties of merchantability and fitness for a particular purpose. Notwithstanding the foregoing, Eforto warrants the proper construction, workmanship, and materials of Eforto‑branded Devices for two (2) years from the date of purchase. Eforto’s sole obligation, and your exclusive remedy, is repair or replacement of the defective product or parts.

  5. Compliance with Laws. You are solely responsible for ensuring that your use of the Devices complies with all applicable local, national, and international laws and regulations. Eforto will not be liable for any non‑compliance by you.

  6. Force Majeure. Without limiting § 18, Eforto is not liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, natural disasters, or supply‑chain disruptions.

  7. Indemnification by Buyer. You agree to indemnify, defend, and hold harmless Eforto from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with your use, sale, or distribution of the Devices.

  8. Limitation on Claims. Any claim relating to the Devices must be brought within one (1) year after the cause of action accrues, after which it is permanently barred.

  9. Product Use and Restrictions. You are responsible for ensuring that all operators of the Devices are properly trained and that the Devices are used, handled, stored, and maintained in accordance with the IFU and good industry practice. Eforto is not responsible for problems arising from improper use, handling, storage, or maintenance.

12. Software Updates & Support Updates & Support

  1. Eforto may provide automatic firmware or app updates. By using the Services you consent to the delivery and installation of such updates. In compliance with EU Directive 2019/770, we will provide security and compatibility updates for a period that you can reasonably expect, given the nature and purpose of the Services and the hardware platform on which they run. Certain updates may be required to continue using the Services.

  2. Beta / Experimental Features. We may offer optional beta or pre‑release features. Such features are provided “as is,” may be subject to additional terms, and may be discontinued at any time. Your use of beta features is at your own risk.

13. Data Protection & Privacy

Our collection and processing of personal data are described in the Eforto Privacy Policy, which forms part of these Terms. UniWeb BV acts as the data controller for personal data processed via the Services. Where we act as a processor on your behalf (e.g. enterprise customers), the Data‑Processing Agreement (DPA) applies.

We retain personal data only as long as your account is active or as required to comply with legal obligations. For details—and for your rights of access, erasure, portability, and objection—see Sections 7‑8 of our Privacy Policy. Eforto will notify you of any personal‑data breach without undue delay, in accordance with Article 33 GDPR and HIPAA.

14. Electronic Communications

By creating an account, purchasing a device, or otherwise using the Services you consent to receive electronic communications from us (e.g. emails, texts, in‑app messages) relating to your account, the Services, and – where you have opted in – marketing material. You can opt out of marketing emails at any time by following the unsubscribe link.

15. Warranties & Disclaimers

  1. Consumer Devices & Software (R1). Provided "as is" and "as available" for general wellness purposes without warranties of any kind, save for mandatory statutory warranties.

  2. Medical Device (M1). Subject to the limited warranty and service terms supplied with the device packaging.

  3. We do not warrant that the Services will be uninterrupted, error‑free, or that data will be entirely accurate or secure.

  4. Product‑Recall & Field‑Safety Notices. If Eforto or a competent authority issues a product‑recall, safety‑correction, or field‑safety notice pertaining to any Eforto hardware or software, you agree to: (i) provide accurate contact information; (ii) promptly cease use of the affected product if instructed; and (iii) follow all recall or correction instructions, including returning or updating the product as directed.

16. Limitation of Liability

To the maximum extent permitted by law, Eforto (and its affiliates, officers, employees, and suppliers) shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to the Services, even if advised of the possibility. Our aggregate liability shall not exceed the greater of (i) the fees you paid to Eforto in the twelve months preceding the event giving rise to the claim; or (ii) one hundred (100) Euro.

New Jersey notice. If you are a consumer residing in New Jersey, the foregoing limitation of liability does not limit or waive your rights under New Jersey law and does not apply to damage caused by Eforto’s intentional, reckless, or grossly negligent conduct.

Nothing in these Terms limits liability that cannot be limited under applicable law (e.g., liability for death or personal injury caused by negligence or for fraud).

17. Indemnification

You shall indemnify and hold harmless Eforto from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of any law or third‑party rights.

18. Force Majeure

Eforto shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, terrorism, riots, war, civil or military authorities, fire, flood, accidents, strikes, power or Internet outages, or shortages of transportation, fuel, energy, labour, or materials. If such an event occurs, we will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

19. Suspension & Termination

We may suspend or terminate your access to the Services (i) if you breach these Terms; (ii) for fraud or security reasons; or (iii) if required by law. Upon termination, your right to use the Services will cease immediately. You may delete your account at any time by contacting support@eforto.com.

20. Governing Law, Jurisdiction & ADR

These Terms and any dispute arising out of them are governed by Belgian law, excluding its conflict‑of‑law rules. The courts of Brussels (Dutch‑speaking division) have exclusive jurisdiction, unless mandatory consumer‑protection rules provide otherwise.

EU consumers may also: (i) use the European Commission Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr; and (ii) contact Safeshops vzw/asbl, Bd. Auguste Reyers 80, 1030 Brussels (https://www.safeshops.be), an approved Belgian ADR entity.

Eforto may, however, seek injunctive or equitable relief in any competent court worldwide to protect its intellectual‑property rights.

21. Region‑Specific Terms

21.1. United States – Arbitration & Class‑Action Waiver

  1. Governing law. The Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware (without regard to choice‑of‑law principles) govern all claims.

  2. Binding arbitration. Any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, unless the arbitrator decides a remote hearing is appropriate. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  3. Class‑action waiver. You and Eforto agree that claims may be brought only in an individual capacity and not as a class, collective, or representative action.

  4. Opt‑out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing compliance@eforto.com with "Arbitration Opt‑out" in the subject line and providing your full name and address.

  5. California Consumer Rights Information (Cal. Civ. Code § 1789.3). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.

 21.2. United States – HIPAA

Where we act as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), our Business Associate Agreement (BAA) applies and forms part of these Terms.

 21.3. United Kingdom

References to EU legislation shall be read as reference to the UK‑GDPR and UK consumer‑protection laws where applicable.

22. Miscellaneous

  • Anti‑corruption warranty. Each party represents that it and its officers, directors, employees, and agents will comply with all applicable anti‑bribery and anti‑corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

  • Severability. If any provision is held invalid, the remaining provisions remain in full force and, where possible, shall be reformed to the minimum extent necessary to make them enforceable.

  • Assignment. You may not assign your rights or obligations without our prior written consent. We may assign our rights and obligations freely, including in a merger or sale of assets.

  • Entire agreement. These Terms, together with any supplemental agreements and policies (Privacy Policy, DPA, BAA, Return Policy, etc.), constitute the entire agreement between you and Eforto regarding the Services.

  • No waiver. Failure to enforce any provision is not a waiver.

  • Headings. Section headings are for convenience only and have no legal effect.

  • Business transfer. We may transfer our rights and data assets, including personal data, in connection with a merger, acquisition, or other corporate reorganisation, subject to the safeguards in our Privacy Policy.

  • Survival. Sections relating to intellectual‑property, feedback, warranties, limitation of liability, indemnification, governing law, dispute resolution, confidentiality, arbitration, and any other provisions which by their nature should survive termination shall survive.


23. Accessibility & Accommodation Statement

Eforto is committed to providing a website and mobile experience that is accessible to all users. If you experience difficulty accessing any content, feature, or functionality, please email compliance@eforto.com so we can assist you.


24. Contact

UniWeb BV – Eforto®
’s Herenweg 16, 1860 Meise, Vlaams Brabant, Belgium, EU
Email: compliance@eforto.com Tel: +32 (0)2 3060000

© 2025 UniWeb BV. All rights reserved.