Terms of use

Draft for legal review. This document is a draft prepared for review by qualified legal counsel before publication. It is not legal advice and does not create a binding contract until reviewed, approved, and published. Bracketed items marked [TO CONFIRM] are placeholders for facts that counsel must confirm, including the governing-law jurisdiction and any arbitration terms.

Last updated: [TO CONFIRM]

1. Acceptance and eligibility

These Terms of Use (“Terms”) are a binding agreement between you and [TO CONFIRM: legal entity name] (“Ēnel,” “we,” “us,” or “our”) governing your use of enelhealth.com and related services (together, the “Services”).

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

You must be at least 18 years old to use the Services. By using them, you represent that you are 18 or older and that you have the legal capacity to enter into these Terms. The Services are not directed to children. See the Privacy Policy for how we handle this.

2. What Ēnel is, and what it is not

2.1 What Ēnel is

Ēnel is a community-powered health-evidence platform. We measure real-world evidence on products that people already use, and we publish the result, including its effect index and credible interval, as part of an append-only record. Participation is voluntary: you report on products you already use, and you can withdraw and delete.

2.2 What Ēnel is not

Ēnel is observational. We do not supply, sell, prescribe, or recommend any product or treatment. We are not a medical provider, a pharmacy, a health plan, or a healthcare clearinghouse. We do not provide medical care. The evidence we publish is uninfluenced: no brand can buy, place, or edit a verdict.

3. Medical disclaimer

Please read this section carefully.

• Ēnel does not provide medical advice. Nothing on the Services is medical, clinical, diagnostic, or treatment advice, and nothing on the Services is a substitute for the advice of your own physician or qualified health provider.
• Ēnel is observational only. We never supply, prescribe, or recommend any product or treatment. We report what was measured. We do not tell you what to take.
• The badge is an efficacy attestation, not medical advice. A validated badge states that an entry was measured by the method and met the threshold. It is not a recommendation, a guarantee of any result for you, or medical advice.
• Consult your physician. Always seek the advice of your physician or another qualified health provider with any questions about a medical condition or before starting, stopping, or changing anything you take. Never disregard professional medical advice or delay seeking it because of something you read on the Services.
• Emergency notice. Do not use the Services for medical emergencies. If you think you may have a medical emergency, call your local emergency number or go to the nearest emergency facility immediately.

4. Accounts and credential security

To use certain features you must create an account. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your login credentials and for all activity under your account. Do not share your credentials. Notify us promptly at [TO CONFIRM: security@ contact] if you suspect unauthorized access. We are not liable for losses arising from your failure to secure your account.

5. Acceptable use and prohibited conduct

You agree to use the Services lawfully and honestly. You must not:

• submit fake, fabricated, manipulated, or knowingly inaccurate reports;
• game, inflate, or manipulate social proof, rankings, or the measurement in any way;
• use bots, scrapers, or other automated means to access, harvest, or abuse the Services, except as expressly permitted;
• attempt to re-identify any person from de-identified evidence, or attempt to reverse, defeat, or correlate against the SHA-256 hash described in the Privacy Policy and Data Security Policy;
• reverse engineer, decompile, or attempt to derive source code or underlying methods, except to the extent this restriction is prohibited by law;
• probe, scan, or test the vulnerability of the Services or breach security or authentication measures, except through a sanctioned process described in the Data Security Policy;
• interfere with or disrupt the Services, or impose an unreasonable load on our infrastructure;
• upload malware or harmful code;
• infringe the rights of others, or submit anyone else’s identifiable data; or
• use the Services to harass, abuse, or harm others, or for any unlawful purpose.

We may investigate and respond to suspected violations, including by suspending or terminating accounts as described in Section 13.

6. Your contributions and the license you grant

6.1 You own your data

You retain ownership of the observational reports and other content you submit (“Contributions”). These Terms do not transfer ownership of your Contributions to us.

6.2 The license you grant

You grant Ēnel a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, and use your Contributions to operate the Services, and to use de-identified evidence derived from your Contributions to build, publish, and maintain the record, including for scientific and statistical analysis. This license, as it applies to de-identified evidence already incorporated into the append-only record, survives the deletion of your account, because that evidence is no longer connected to you. The handling of your identifiable data is governed by the Privacy Policy.

6.3 Your representations

You represent that your Contributions are your own, that they are accurate to the best of your knowledge, and that you are not submitting any other person’s identifiable data. You are responsible for your Contributions.

7. The record and verdicts

• Append-only. The record is append-only. A published result is not quietly removed or overwritten. Corrections are appended with the date and the reason.
• Verdicts are evidence attestations. A verdict, including a validated badge, is an attestation about measured evidence. It is not a recommendation, medical advice, or a promise of any outcome for you.
• Verdicts may change. As new evidence is measured, a verdict may change. Past results remain visible in the append-only record.
• No guaranteed outcomes. Individual results vary. A published effect does not guarantee that you will experience the same result.
• Illustrative data. Sample numbers shown before real readings are in place are tagged as an illustrative sample and are never presented as a real result.
• Uninfluenced. No brand can buy, place, or edit a verdict. The evidence is uninfluenced.

8. Intellectual property and trademarks

The Services, including their software, design, text, graphics, the measurement method, and the record (excluding your Contributions), are owned by Ēnel or our licensors and are protected by intellectual property laws. Except for the rights expressly granted to you, we reserve all rights.

“Ēnel” and “The Age of Discovery is Upon Us” are trademarks of Ēnel. [TO CONFIRM: trademark registration status and additional marks.] You may not use our trademarks without our prior written permission.

We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Services for your personal, non-commercial use, subject to these Terms.

9. Third-party services and wearable integrations

The Services may let you connect wearables, devices, or third-party health services, and may link to third-party sites. Those services are operated by others and are governed by their own terms and privacy policies. We do not control them and are not responsible for them. When you connect a third-party service, you authorize the data flow you select, and you are responsible for your use of that service. The product makers whose products you report on are independent third parties.

10. Fees, founding members, and future tiers

Access to the Services is currently free. The “founding members free, forever” offer means that founding members keep free access on the terms stated when the offer is made. We may introduce paid tiers in the future for new or additional features. If we do, we will disclose the price and terms before you are charged, and payment will be handled by a third-party payment processor. [TO CONFIRM: founding-member offer terms, paid-tier structure, pricing, billing, refunds, and effective dates.]

11. Disclaimers of warranties

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any result, finding, or verdict will be accurate, complete, or suitable for your circumstances. As stated in Section 3, nothing on the Services is medical advice. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, Ēnel and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or [TO CONFIRM: liability cap amount, for example USD 100].

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Ēnel and its officers, employees, and agents from any claims, damages, liabilities, and reasonable expenses, including reasonable legal fees, arising out of your misuse of the Services, your violation of these Terms, your Contributions, or your violation of any law or the rights of a third party.

14. Suspension and termination

You may stop using the Services and delete your account at any time, as described in the Privacy Policy. We may suspend or terminate your access if you violate these Terms, if needed to protect the Services or other users, or as required by law. On termination, the rights granted to you end, except that provisions which by their nature should survive, including Sections 6.2, 7, 8, and 11 through 18, survive. As explained in Section 6.2 and the Privacy Policy, de-identified evidence already in the append-only record remains, no longer connected to you.

15. Governing law and dispute resolution

These Terms are governed by the laws of [TO CONFIRM: governing-law jurisdiction], without regard to its conflict-of-laws rules.

[TO CONFIRM: the following arbitration and class-action provisions are placeholders for counsel to review, adapt to the chosen jurisdiction, and confirm enforceability, including any required consumer protections and opt-out rights.]

• Informal resolution first. Before starting a formal proceeding, you agree to contact us at [TO CONFIRM: legal contact] and try in good faith to resolve the dispute for at least [TO CONFIRM: number] days.
• Arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by [TO CONFIRM: arbitration body] under its rules, rather than in court, except that either party may bring an individual claim in small-claims court.
• Class-action waiver. To the extent permitted by law, disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding.
• Your right to opt out. You may opt out of arbitration within [TO CONFIRM: number] days of first accepting these Terms by notifying us at [TO CONFIRM: opt-out contact].

Nothing in this section limits rights you have under mandatory local law, including, where applicable, the right to bring proceedings in your home jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, give additional notice. Your continued use of the Services after an update means you accept the updated Terms, to the extent permitted by law. If you do not agree, stop using the Services and delete your account.

17. Miscellaneous

• Severability. If any provision of these Terms is held unenforceable, the rest remain in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, consistent with the Privacy Policy.
• Entire agreement. These Terms and the documents they reference are the entire agreement between you and Ēnel about the Services and supersede prior agreements on that subject.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
• Notices. We may give notices through the Services or by email. You may contact us as set out in Section 18.

18. Contact

Questions about these Terms can be sent to [TO CONFIRM: legal contact] or through our contact page. Postal mail can be sent to [TO CONFIRM: postal address].