Terms & Conditions
[Last Update: February 3, 2025]
1. INTRODUCTION AND ACCEPTANCE OF THE TERMS
Virility Medical LTD. ("Company", “we” or “our”), is the developer and rights owner of in2 device – a wearable skin device based on muscle stimulation, scientifically engineered to delay ejaculation ("Product").
These Terms and Conditions govern the online sale and purchase by consumers ("Consumer" or "you") of the Product through Company's owned and operated website available at: https://thein2.com/ (t “website”), and constitute a legally binding agreement between you and the Company regarding such purchase.
Please note that the purchase of Products is limited and permitted solely to Customers located in our shipping territories in the US (“Territories”), as detailed in our Shipping, Returns and Refund Policy. We do not accept orders to, nor offer the Product for purchase form, addresses and locations outside the Territories. IF YOU ARE LOCATED OUTSIDE THE TERRITORIES, PLEASE DO NOT PLACE AN ORDER. ORDERS FROM OUTSIDE THE TERRITORIES WILL BE CANCELLED AND NO SERVICES WILL BE PROVIDED WITH REGARDS TO PRODUCTS RECEIVED OR USED OUTSIDE THESE TERRITORIES.
Our Privacy Policy and Shipping Returns & Refunds Policies, are hereby incorporated herein, and together with these Terms and Conditions, shall be referred to as the “Terms”. Please make sure you review the Terms carefully before you place an order.
Please be advised that these Terms governs solely your online purchase of the Product, and not the use of the Product itself, which shall be governed solely by the User Guide. You should carefully review the User Guide prior to making a purchase as well as any use.
ACCEPTANCE OF THE TERMS: BY PLACING AN ORDER THROUGH THE WEBSITE, YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT PLACE AN ORDER.
2. CONTACT INFORMATION
Virility Medical LTD
Address: 24 Hangar St. Hod Hasharon. Israel
Email address: support@thein2.com
If you have any questions, complaints or comments regarding these Terms, your orders or the Product, please contact us our customer support as details above or through our designated Contact Us form available HERE.
We will endeavor to respond your request as soon as we receive it, however, the time-frames for responding your inquiry may vary depending on certain factors, including (but not limited to) their nature and complexity or if any additional information is need.
3. ELIGIBILITY AND AGE LIMITATION
YOU MUST BE AT LEAST 18 YEARS TO PURCHASE AND USE THE PRODUCT. By placing an order, you represent and warrant that you are at least 18 years old and you are of legal competence to enter these Terms, and to take binding legal actions in accordance with applicable laws; and you are not prevented, by any applicable law or otherwise, from entering into these Terms.
4. AMENDMENTS
We reserve the right to periodically amend or revise the Terms, at our sole discretion; such changes will be effective immediately upon the display of the revised Terms on the website. The last revision date will be reflected in the "Last Updated" heading. In the event of a material change that may affect your current order and subject to applicable laws, we will make our best efforts to provide a notice.
5. ACCOUNT AND ORDER PLACEMENT
5.1. When placing an order, you shall be required to provide us certain information such as your full name, shipping and billing address and any additional information as required for the payment, will be collected, used and stored by us in accordance with our Privacy Policy.
5.2. You hereby represent and warrant that any information provided by you while placing an order is and will be accurate and complete. Any inaccuracy, including if we will not be able to deliver the Product you have purchased due to such inaccuracy, will be at your sole responsibility.
5.3. Orders acceptance, fulfillment and delivery are subject to: (i) our ability to process and charge your payment; (ii) availability of the Product. We may refuse to accept orders and cancel order that were accepted in the event that: (i) we become aware that the order price of the Product description or at checkout was not correct; (ii) the information you provided through your order placement was inaccurate, for any reason; (iii) your order or use of our website was in breach, or suspected breach, of these Terms; or (iv) if we have reasonable grounds to believe your order is fraudulent or in breach of, or may cause us to be in breach of, applicable laws.
5.4. In addition, you may place an order solely for non- commercial purposes, and we reserve the right to, in our sole discretion, limit or cancel quantities purchased per, person, household, or per order. These restrictions may include orders placed by or under the same payment method, or orders that use the same billing or shipping address. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5.5. Your order will be fulfilled only once you have received an email confirmation with respect to the receipt of your order and its price. If we cannot accept your order or where we decide to cancel it following the receipt of an email confirmation, we will contact you to explain this, and any payment already charged, will be refunded in accordance with these Terms.
6. SHIPPING,CANCELLATION, RETURNS AND REFUND
6.1. Prior to the order placement all applicable costs of delivery will be displayed to you through the checkout page. We may offer several delivery methods, each has a different timeframe and cost; therefore, the cost of delivery may vary depending on the delivery option you choose (without any warranty we will offer several options).
6.2. Shipping and delivery shall be as detailed in our Shipping Returns & Refunds Policy. We will do our best to keep you updated and ensure you can track your delivery’s progress and latest estimated delivery date. Note we are not responsible for delays outside our control. If the Product delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by such events, but if there is a risk of substantial delay of more than 30 days, you may contact us to receive a refund for a Product that has been paid for but not received.
6.3. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, for any reason caused by you, including where you did not provide us your correct or correct contact details, we may cancel your order, and you may have to compensate us for the delivery costs we have incurred. We will not be responsible for any delay or if the Product will not be delivered or received by you, in the event such was due to inaccurate information you have provided, or otherwise if you have not responded to our (or our and delivery service provider’s) messages.
6.4. If you have any questions about delivery of your order, please contact us, as detailed above.
6.5. Our Shipping Returns & Refunds Policy sets forth and governs all your options with respect to order cancellation, returns and refunds.
7. PRICES, PAYMENT AND PRODUCT DESCRIPTION
7.1. The Products’ price (including, where applicable, VAT and shipping costs) shall be as displayed on this website (product pages and at the time you place your order). All featured prices are subject to change at any time, subject to our sole discretion, without notice; however, price changes will not affect an order placed and confirmed prior to the effective date of any such change. In the event a price shown on the website is incorrect, we will not be obliged to provide the relevant Product to you at that price and will give you the option of confirming your order at the correct price or cancelling your order, in which case we will refund any payments charged in respect of such cancelled order in accordance with these Terms.
7.2. Except as required by law, all prices do not include any applicable taxes, and you are responsible for any customs and import taxes that may apply. We assume no responsibility for any legal charges as a result of changing applicable laws, including any local or state laws.
7.3. The strike through or listed price represents a price at which we previously offered the Product, or a comparable Product, in stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect on any particular day or in every location and we may offer the Product in any other price, ay any other media, store or territory, in our sole discretion.
7.4. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the payment method being used is yours, or that you have the authority to use it. All fields indicated as compulsory must be completed. We use a third-party payment processor when you place an order (“Third Party Processor”) and we have limited control with respect to such payment method and will not be held responsible for any error that occurs via the Third-Party Processor during the order and purchase process. We will, however, make our best efforts to assist you with any such errors with Third Party Processors.
7.5. The Products' images and description on the website may contain certain typographical inaccuracies or incomplete information. We may, at any time, correct any such inaccuracies without prior notice. Furthermore, although we make every effort to display as accurately as possible the description of our Product, we cannot guarantee that the display on your computer will be accurate, and the Company shall not be responsible for such typographical errors. If you are not sure about any of the Product descriptions, you may contact our customer support with any questions you may have, and we will be happy to assist you.
8. PROMOTIONAL OFFERS
8.1. We may offer from time to time, to the general public, specific Consumers or other individuals, promotional offers related to our Product, including discounts, free trial, promotional codes, coupons, gift-cards, etc. (“Promotional Offers”). Note it is your sole responsibility to enter a promo code, where applicable, at checkout. In addition to the theses Terms and Conditions, all Promotional Offers are further subject to the terms as describe under the applicable Promotional Offer as well as, where applicable, to the third-party issuer (e.g., of a gift card), policies and terms, including with regards to redemption, expiration, etc.
8.2. If we provide you with a unique Promotional Offer that is personal, you may not assign it to any third party. If we believe there is or has been misuse of a Promotional Offer in any way, we may cancel such Promotional Offer, without providing notice.
8.3. To the fullest extent permitted by law, and without derogating form any of the Company’s disclaimers herein, the Company reserves the right to modify, suspend or terminate any Promotional Offer or any of its terms, at any time and for any or no reason. It is hereby clarified that the Company provides no representations with respect to any benefit or value the Promotional Offer may or may not provide.
8.4. Unless otherwise explicitly stated, only one Promotional Offer can be applied per order. Promotional Offers are non-refundable, cannot be replaced or returned for a cash refund.
9. WEBSITE'S CONTENT & INTELLECTUAL PROPERTY
9.1. Our website further provides comprehensive information regarding our Product and its use, and may include additional related content, including, but not limited to, images, texts, logos, button icons, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). To the maximum extent permitted by applicable laws, we disclaim any responsibility for any decision or action taken based on the Content provided in this website, all of which are provided "as-is". Without derogating from the generality of the above, the Content does not constitute medical advice. You should consult your doctor for any medical or health related conditions.
9.2. The website, Product, Product descriptions, and all Content available herein, including Company’s or Product’s name, tradenames, logo, trademarks and domain names (“Company Property”) is owned by the Company and provided to you for your personal and non-commercial use, all subject to the Terms herein. Except as provided herein, no right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the Company Property.
10. USERS GENERATED CONTENT
10.1. Customers might be able to submit certain content regarding our Products and its use of our Product, either when it wishes to receive customer support, or when providing feedback and reviews, including, among other images, texts, etc. ("Customer Content"). If you provide, post or otherwise display such Customer Content, you hereby represent and warrant that you have all the rights, power and authority necessary to submit any such Customer Content, and such will not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, libelous, adult and pornography content, alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to an individual’s safety or health; or (iv) promotional content.
10.2. Further, by submitting, posting, or displaying the Customer Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the Customer Content including without limitation for promoting our Products and other services, in any media formats, provided however that we will not use the Customer Content in a manner that can identify you without obtaining your prior written approval. We have the sole and absolute right and discretion to decide whether to publish any Customer Content and we may, without prior notice, monitor, censor, edit, remove, delete, any Customer Content, at any time and for any or no reason. Notwithstanding the above, we have no responsibility and liability with respect to Customer Content, which you may find inaccurate, offensive, indecent, or objectionable.
11. RESTRICTIONS OF USE
11.1. You agree to only use the website, Content and place an order, as set forth in these Terms and according to applicable laws and regulations. You hereby acknowledge that you are solely responsible for any of your actions which could reasonably be construed as a breach, or which may result in the breach of these Terms or applicable laws. We reserve the right to investigate any breach or alleged breach of these Terms, to prevent you from using our website or placing an order, if we believe that you have breached these Terms and if we reasonably determine that it is necessary, to report such breach to the relevant law enforcement authorities. You may not use the website in a way that would disrupt the use of the website for other users. We reserve the right to limit your use of the website for any reason, at our sole discretion.
11.2. You hereby further agree that you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative works, circumvent, hack or gain unauthorized access to the Content, website or its systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the website or Content available to any third party, or any portion thereof; (iii) use the website or Content in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the website or Content; (v) remove, obscure or alter any notices of proprietary rights, disclaimers or warnings that appear in the website; (vi) use, access or attempt to access the website via automated means; (vii) use the Company Property, except as explicitly permitted herein, without our prior written consent; or (viii) extract, collect or store personal data of other users without such users' express consent. ANY USE OF THE WEBSITE OR CONTENT IN A MANNER WHICH IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
12. PRIVACY
We are committed to protecting the privacy of our Consumers and website users. Please review our Privacy Policy to learn more regarding our privacy practices.
13. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGRADING THE PLACEMENT OF ORDERS, OUR WEBSITE AND CONTENT, INCLUDING,
BUT NOT LIMITED ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED, WHICH ARE PROVIDED “AS-IS” AND ON AN "AS AVAILABLE" BASIS. YOUR USE OF THE WEBSITE AND YOUR RELIANCE ON ANY OF THE INFORMATION OR CONTENT PROVIDED THEREIN SHOULD BE DONE SOLELY AT YOUR OWN RISK. THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES WHICH MAY OCCUR (TO YOU OR A THIRD PARTY) AS A RESULT OF YOUR USE OF THE WEBSITE AND PLACEMENT OF ORDERS. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS
OR OMISSIONS ON THE WEBSITE.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR PLACING AN ORDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY GROUP'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE PAYMENT CHARGED FOR THE ORDER WHICH US THE SUBJECT OF YOUR CLAIM. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR THE PRODUCT AND ITS USE, INCLUDING PERSONAL INJURY OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO COMPANY WITHIN ONE YEAR OF
ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED
YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company Group from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the website, or any order placement, in a way that does not comply with these Terms or applicable laws including any negligence or wrongful act on your part; or (ii) your abuse or infringement of third party rights.
16. CHANGES TO THE WEBSITE OR CONTENT
For any dispute, you have with us, you agree to first contact us through our Contact Us form available HERE and attempt to resolve
the dispute with us informally. If, however we were unable to resolve the dispute informally, then each party agrees that these Terms shall be exclusively governed by the laws of the state of New York, without regards to its conflict of laws principles. Any dispute arising from these Terms shall be brought before the competent courts of the state of New York.
17. DISPUTE RESOLUTION
These Terms constitute the entire understanding between the parties with respect to the use of the website and Content, including placement of orders through the website and fulfillment of such orders. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of
such provision under other circumstances, or of the remaining provisions hereof under any circumstances. Failure by the Company to enforce any rights or to take any action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned
by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Company shall not be liable to Consumers for any failure, delay or interruption in the performance of any of the terms or conditions contained in this Terms due to causes entirely beyond the control of the Company, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods and riots or rebellion.
18. MISCELLANEOUS
These Terms constitute the entire understanding between the parties with respect to the use of the website and Content, including placement of orders through the website and fulfillment of such orders. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances. Failure by the Company to enforce any rights or to take any action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Company shall not be liable to Consumers for any failure, delay or interruption in the performance of any of the terms or conditions contained in this Terms due to causes entirely beyond the control of the Company, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods and riots or rebellion.