THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF DR. PROST MOBILE APPLICATION AND ANY PURCHASE YOU MAKE BY ITS’ MEANS. YOU WILL NEED TO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR ORDER AND TO MAKE A PURCHASE.

YOU ALSO NEED TO CONFIRM THAT YOU CONSENT TO GEBERICH (AND\OR ITS’ APPOINTED PROCESSORS) PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS WHICH DEAL WITH GEBERICH’S USE OF YOUR PERSONAL DATA CAREFULLY.

IF YOU DO NOT AGREE TO THE TERMS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS PLEASE DO NOT PLACE ANY ORDERS WITH GEBERICH.

MEDICAL DISCLAIMER:

The mobile application “Dr.Prost” is a non-commercial application distributed via online application stores. It does not provide medical advice, It is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice in seeking treatment because of something you have read or seen by using the mobile application “Dr.Prost”. If you think you may have a medical emergency, address the healthcare specialists immediately.

HEALTH DISCLAIMER:

Please read this disclaimer before applying any of the information received via the “Dr.Prost” mobile app. Exercise is not always without risk, even for healthy individuals. Certain types of exercise are riskier than others and all exercise is risky for some individuals.

You are responsible for Your health and safety at all times. We are not responsible for errors and omissions in displayed content. You are not to use the Content of the “Dr.Prost” mobile app for any kind of self-treatment or self-diagnostics.

1. Definitions

1. 1. In these Terms, the following words have the following meanings unless the context otherwise requires:

1. 1. 1. “Geberich”, “We” means Geberich OÜ, incorporated and registered in Estonia, with registration number 12018330, and whose registered office (place of establishment) is at Harju maakond, Tallinn, Kesklinna linnaosa, Endla tn 15, 10122, Estonia;

1. 1. 2. “Dr.Prost mobile application”, “Dr.Prost Mobile App” means a mobile applications “Dr.Prost” belonging to Us and distributed via online mobile application stores (AppStore, Google Play, etc.), which allows to make purchases of specific set of Products directly from Us.

1. 1. 3. “Mobile device” means Your mobile device – a smartphone, a tablet, or a similar device, technically fitting to download and install Dr.Prost Mobile App from an online resource.

1. 1. 4. “You, Your, Yourself” means a natural person, who having downloaded the Dr.Prost Mobile App on Their Mobile device is using the functions it is providing;

1. 1. 5. “Product” means any and all products ordered by You via Our App. The distributor of the Products is Neo Elementum OU, an Estonian company, reg.# 14310201, with its’ registered office at Järvevana tee 9, 11314 Tallinn, Estonia;

1.1.6. “Processor” means WEBWORK INTERNATIONAL LTD, incorporated and registered in the United Kingdom, with the company registration number 12226309, and whose registered office is at Wisteria Grange Barn, Pikes End, Pinner, United Kingdom, HA5 2EX. The Processor might process Your personal data on behalf of Neo Elementum OU as well as might contact You on their behalf to process Your order of the Products.

2. Terms and Conditions

These Terms govern Your use of the Dr.Prost Mobile App and its functions as described below.

2. 1. Information materials

Dr.Prost Mobile App contains video materials and articles on discerning and helping prevent the development of prostatitis. Contains illustrations and text descriptions of exercises to help prevent or mitigate the development of physical conditions known to contribute to development of prostatitis.

Consists of three blocks of exercises:

  • for preventing the development of prostatitis,

  • for mitigating the symptoms during a chronic condition, and

  • for strengthening the muscles under the uterus, bladder, and bowel (Kegel exercises).

2.2. Testing

Dr.Prost Mobile App contains a section dedicated to testing for possible symptoms common for development of prostatitis, represented by an interactive test requesting You to evaluate the presence of symptoms over a certain period of time and grade the intensity of said symptoms. Please note that this test, being subjective, can by no means substitute a hands-on evaluation by a physician. The presence of any and all symptoms is grounds enough to undergo a medical consultation with a doctor.

2.3. Ordering the Products

Dr.Prost Mobile App allows You to order a limited variety of Products by selecting a specified Product and filling out a request form.

Neo Elementum OU uses phone communication via their Processor to confirm Your order. If the phone communication is unsuccessful and/or is not completed, the order is not considered placed.

HEALTH WARNING: The Products are food supplements and are not medicinal products. The Products are not intended to treat, diagnose, cure, or alleviate the effects of diseases. The Products should not be used as a substitute for a varied diet and should be stored out of the reach of children. You shall not exceed the stated recommended daily dose.

Terms of payment, delivery, cancellation and refund for the Products are regulated according to the Terms and Conditions and Privacy Policy of Neo Elementum OU, located at https://neoelementum.com/

By using the feature of placing orders with Us You understand and accept that Neo Elementum OU and/or their Processor will collect and process contact details and other relevant data specified in the Terms and Conditions and Privacy Policy of Neo Elementum OU, located at https://neoelementum.com/ for the purposes of forming, confirming, processing and executing Your order, as well as commencing refunds and returns, should such a need arise.

2.4. By downloading Dr.Prost Mobile App from any Internet resource or online mobile app store, You warrant and confirm that You are at least 18 years old and capable of entering into binding contracts.

2.5. You further warrant that you understand and agree to be bound by these Terms.

3. Subscriptions & Cancellations

3.1. Subscriptions

You may purchase certain features of the Dr.Prost on a subscription basis. Dr.Prost Mobile App may offer different subscription levels (usually free or premium). Payment for a subscription may be processed in the App through a third party mobile platform owner (e.g. Apple or Google) or directly through us and our third party payment processor.
You may be offered a free trial of a subscription to the Dr.Prost Mobile App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a monthly paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.
If you subscribed for the Dr.Prost Mobile App through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account. If you subscribed for the Dr.Prost App directly through our website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.

3.2. Cancellations

All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will be effective as of the end of that month. Billed charges are not refundable.

4. Liability

4.1. Geberich shall have no Liability to You for any incidents, damages and losses which, at the time of You using the Dr.Prost Mobile App was not a reasonably foreseeable consequence of Geberich breaching these terms and conditions, for example, if You and/or Geberich could not have contemplated such losses before or at the time when You downloaded and started using the Dr.Prost Mobile App.

4.2. Dr.Prost Mobile App is provided on an “as is” basis, Geberich does not guarantee that Dr.Prost Mobile App will be compatible with Your device and Geberich accepts no Liability for any corruption and/or loss of data held on Your device, or any Liability for any other loss or damage of any kind caused to Your device resulting from use of the Dr.Prost Mobile App.

5. Restricted Use

5.1. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Dr.Prost Mobile App or use it for the benefit of any third party. Unless expressly authorized by us or permitted under the applicable mobile platform terms, You are prohibited from making the Dr.Prost Mobile App available over a network where it could be downloaded or used by multiple users. You agree that You will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Dr.Prost Mobile App, except to remove the Dr.Prost Mobile App from a Mobile device which You own or control. You may not violate or attempt to violate the security of Our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the Dr.Prost Mobile App, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of the Dr.Prost Mobile App in any way. You do not have the right to and may not create derivative works of the Dr.Prost Mobile App or any portions thereof. All modifications or enhancements to the Dr.Prost Mobile App remain the sole property of Geberich OU.

6. App updates

6.1. We reserve the right to add or remove features or functions to existing Dr.Prost Mobile App version. When installed on your mobile device, the Dr.Prost Mobile App periodically communicates with Our servers. We may require the updating of the Dr.Prost Mobile App on Your Mobile device when We release a new version of the Dr.Prost Mobile App, or when We make new features available. This update may occur automatically or upon prior notice to You, and may occur all at once or over multiple sessions. You understand that We may require your review and acceptance of our then-current Terms and Conditions before You will be permitted to use any subsequent versions of the Dr.Prost Mobile App. You acknowledge and agree that any obligation We may have to support previous versions of the Dr.Prost Mobile App may be ended upon the availability of updates, supplements or subsequent versions of the Dr.Prost Mobile App. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Dr.Prost Mobile App.

7. Access

7.1. You must provide at Your own expense the equipment, Internet connections, devices and service plans to access and use the Dr.Prost Mobile App. If you access the Dr.Prost Mobile App through a mobile network, Your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs You incur to access the Dr.Prost Mobile App from Your device. Downloading, installing or using certain applications may be prohibited or restricted by Your network provider and not all software may work with Your network provider or device. Geberich makes no representation that the Dr.Prost Mobile App can be accessed on all devices or wireless service plans. We make no representation that the Dr.Prost Mobile App is available in all languages or that the Dr.Prost Mobile App is appropriate or available for use in any particular location.

8. Security

8.1. Dr.Prost Mobile App, like other consumer technologies, may not be 100% secure. By accepting these Terms you acknowledge and accept that the Dr.Prost Mobile App and any information You download or offer to share by means of the Dr.Prost Mobile App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in Your settings. You agree that We shall not be liable for any unauthorized access to Your Mobile device or the app data thereon.

9. Data Protection

9.1. When You use Dr.Prost Mobile App, You will be asked to provide certain personal information such as your contact details, i.e. Your phone number. This data will be processed in the EU or the country offering an adequate level of data protection. The purposes for which your personal data will be processed are as follows:

- to transfer Your contact details to Neo Elementum OU or their appointed Processor to confirm and process Your order of the Products by phone;

- to identify you when you call Geberich;

- to notify you by sms of any products that Geberich thinks may be of interest to you unless you inform Geberich that you do not wish to receive such information.

9.2. Geberich and/or Our processor (if any) may also disclose your information to our partners who perform our or your obligations under the contract (couriers, payment systems etc.) Or to the police or any other regulatory or government authority where Geberich is legally required to do so.

9.3. If you do not wish Geberich and/or Our processor (if any) to notify you of any additional products or services that Geberich thinks may be of interest to you, please inform Geberich and/or processor by e-mail or phone set out in the section headed “our details”.

10. Uninstalling the App

10.1. Uninstallation and removal methods vary depending on Your device. To uninstall and remove Dr.Prost Mobile App, please use the application manager provided with Your device or consult Your device manual for reference.

11. Consent to use data and User reviews

11.1. You agree that we may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Dr.Prost Mobile App.

11.2. Additionally, if you choose to provide app store reviews or reviews via any social media channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that We do not use your app reviews for promotional purposes, You will be able to elect for Us not to do so by submitting your request to info@drprost.com. For security purposes, please do not include any password, social security number, or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content We deem inappropriate.

12. Intellectual property

12.1. Dr.Prost Mobile App, including all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Us are Geberich's property or the property of Our licensors, and are protected by EU and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or our counterparties have placed on or within Dr.Prost Mobile App. All rights not expressly granted hereunder are expressly reserved to Geberich and its’ licensors.

12.2. Geberich and Dr.Prost names, logos and affiliated properties, are the exclusive property of Geberich or its affiliates.

13. Copyright

13.1. Geberich respects and expects it’s Users to respect the rights of copyright holders. On notice, We will act appropriately to remove content that infringes the copyright rights of others. Geberich reserves the right to disable the access to Dr.Prost Mobile App by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe Dr.Prost Mobile App, or elements, infringe your copyright rights, please contact Us by post or courier at the address specified in the details section below.

Please ensure your communication includes the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that You claim has been infringed;

  • a description of where the material that You claim is infringing is located on the Dr.Prost Mobile App;

  • Your address, telephone number, and email address;

  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by You that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13.2. Addressing Us by mail constitutes Your consent to Us processing Your contact data and personal data You specified for the purpose of responding to Your letter if the situation demands it, and to reference Your mail in any legally binding queries on the subject matter of our exchange by competent authorities or entities so empowered by law.

14. Limitation of liability

14.1. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GEBERICH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DR PROST MOBILE APP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY MEANS OUTSIDE OF OUR IMMEDIATE CONTROL; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE DR PROST MOBILE APP. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. General

15.1. Unless otherwise is applicable, these Terms are governed by Estonian legislation.

15.2. If any provision of these Terms is found by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

15.3. Geberich shall have any no liability to You for any delay or failure to perform to the extent that it is due to any event outside Our reasonable control including, denial of service attacks, internet disruption, war, flood, fire, strikes, lock outs, riots, civil commotion, malicious damage, explosions, governmental actions and any other similar events. If Geberich is affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

15.4. By accepting these Terms and Conditions You confirm that You are over 18 and have read, understood and agree to these Terms.

15.5. You also consent to the processing of Your personal data for the purposes set out in these Terms and conditions, including the Copyright section above.

15.6. Geberich has the right to modify, vary or amend these Terms from time to time. Amendments shall be effective from the date determined in them. Amendments are binding for You, unless You have rejected them in writing prior to the day the amendments become effective.

15.7. Geberich shall publish the amendments of the Terms to be made available via the Dr.Prost Mobile App at least 10 days before the amendments become effective.

16. Our details

16.1. You can use these details for communicating with us.

Name: Geberich OÜ

E-mail: info@drprost.com

Address: Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111