Gutsie Website Terms & Conditions
Last updated: 12 January 2026
1. Acceptance of Terms
By accessing and using the website www.gutsie.com (the "Website"), you agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you should not use this Website. Ask Ella B.V. ("we," "us," "our," or "Company") reserves the right to modify these Terms & Conditions at any time. Your continued use of the Website following any changes constitutes your acceptance of the new terms.
2. Service Description
Gutsie provides information and lifestyle advice based on microbiome test results and related health data. The Website and associated services (collectively, the "Services") are designed to help users understand their microbiome and make informed lifestyle choices.
Important Disclaimer: Gutsie does not provide medical advice. The information provided through our Services is for educational and informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare professional before making any decisions based on information from our Services.
3. Eligibility
You must be at least 18 years old to use this Website and Services. By using the Website, you represent and warrant that you meet this requirement. We reserve the right to refuse service to anyone who does not meet these eligibility criteria.
If you are under 18, a parent or legal guardian may use the Website on your behalf with appropriate consent and supervision.
4. User Accounts
4.1 Account Creation
To access certain features of the Website, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and password.
4.2 Account Responsibility
You are entirely responsible for all activities conducted under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time, at our sole discretion, for any reason, including violation of these Terms & Conditions or applicable laws. Upon termination, your right to use the Services will immediately cease.
5. Test Kit Orders and Payment
5.1 Product Information
All product descriptions, pricing, and availability information on the Website are subject to change without notice. We reserve the right to limit quantities or discontinue any product at any time.
5.2 Order Acceptance
Your order for a test kit constitutes an offer to purchase. We reserve the right to accept or reject any order at our sole discretion. Order confirmation is sent via email but does not constitute acceptance of your order until we process payment and confirm shipment.
5.3 Pricing and Payment
Prices displayed on the Website are in the currency specified and are subject to change without notice. We are not responsible for typographical errors or pricing mistakes. We reserve the right to cancel orders resulting from such errors.
Payment is processed through third-party payment providers. We do not store complete credit card details. By submitting payment information, you authorize the payment processor to charge the amount specified for your order. All transactions are final unless otherwise stated.
5.4 Shipping and Delivery
We will use commercially reasonable efforts to deliver your test kit to the address you provide. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or circumstances beyond our control.
Ownership and risk of loss pass to you upon delivery to the shipping carrier. We are not liable for lost, stolen, or damaged packages in transit. We recommend using tracked shipping services.
5.5 Returns and Refunds
Test kits may be returned within [14 days] of receipt in unused, original condition for a full refund of the kit price (excluding shipping). Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.
To initiate a return, contact us at info@en-tera.nl. Refunds will be processed within [10 business days] of receipt and inspection of the returned item.
6. Intellectual Property Rights
6.1 Website Content
All content on the Website, including text, graphics, logos, images, videos, and software, is owned by or licensed to Ask Ella B.V. and is protected by international copyright and intellectual property laws. You may not reproduce, distribute, modify, or transmit any content without our prior written permission.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to view and use the Website for personal, non-commercial purposes only. This license does not include the right to: reverse engineer, decompile, or disassemble any software on the Website; remove any copyright, trademark, or other proprietary notices; or use automated systems or tools to access, download, or monitor the Website without our written permission.
6.3 User Content
If you submit, post, or display content on the Website (including comments, suggestions, or feedback), you retain ownership of that content but grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your content in connection with our Services. You represent that you own or have the necessary rights to the content you submit.
7. Limitation of Liability
7.1 Disclaimer of Warranties
The Website and Services are provided "as is" and "as available" without warranties of any kind, either expressed or implied. To the fullest extent permitted by law, Ask Ella B.V. disclaims all warranties, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The Website will be uninterrupted, error-free, or free from viruses or harmful components
- Any defects will be corrected
- The results obtained from using the Services will be accurate or reliable
- The Website meets your expectations or requirements
7.2 No Medical Liability
Gutsie does not provide medical advice, diagnosis, or treatment. The information on the Website is educational only. We are not responsible for any decisions you make based on information provided through our Services. Always consult with a qualified healthcare professional for medical concerns.
7.3 Limitation of Damages
To the fullest extent permitted by law, in no event shall Ask Ella B.V., its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or loss of use, arising out of or in connection with your use of the Website or Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of these Terms & Conditions shall not exceed the amount you paid for the relevant product or service, or €50, whichever is greater.
7.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.
8. User Conduct
8.1 Prohibited Activities
You agree not to use the Website in any way that:
- Violates any applicable law or regulation
- Infringes upon the intellectual property rights of others
- Defames, harasses, threatens, or intimidates any person
- Sends unsolicited commercial messages or spam
- Attempts to gain unauthorized access to our systems or networks
- Introduces viruses, malware, or harmful code
- Scrapes, crawls, or uses automated tools to extract data without permission
- Attempts to disrupt or overload the Website's functionality
- Impersonates another person or entity
- Engages in any form of fraud or deception
8.2 Consequences of Violation
We reserve the right to suspend or terminate your access to the Website immediately upon discovering a violation of these Terms & Conditions, without notice or liability.
9. Third-Party Links and Services
The Website may contain links to third-party websites and services that we do not control or operate. These links are provided for your convenience only. We are not responsible for the content, accuracy, or practices of third-party websites. Your use of third-party websites is governed by their terms and privacy policies, which we encourage you to review carefully.
10. Data Protection and Privacy
Your use of the Website and Services is subject to our Privacy Policy, which is incorporated into these Terms & Conditions by reference. Please review our Privacy Policy to understand our data collection, processing, and protection practices.
By using the Website, you consent to our collection and processing of your personal data as described in the Privacy Policy.
11. Indemnification
You agree to indemnify, defend, and hold harmless Ask Ella B.V., its directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to:
- Your use of the Website or Services
- Your violation of these Terms & Conditions
- Your infringement of any intellectual property rights
- Your violation of any applicable law or regulation
- Any content you submit or post on the Website
12. Governing Law and Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.
13. Dispute Resolution
13.1 Informal Resolution
Before initiating formal legal proceedings, we encourage you to contact us at info@en-tera.nl to attempt to resolve any dispute informally.
13.2 Legal Proceedings
If informal resolution is unsuccessful, any legal action or proceeding must be brought exclusively in the courts of the Netherlands. You agree to submit to the personal jurisdiction of these courts and waive any objection to venue.
14. GDPR Compliance
As a data controller under GDPR, Ask Ella B.V. processes your personal data in accordance with applicable Dutch and European data protection laws. Your rights under GDPR are detailed in our Privacy Policy, including:
- Right of access to your personal data
- Right to rectification
- Right to erasure ("right to be forgotten")
- Right to restrict processing
- Right to data portability
- Right to object to processing
- Right to withdraw consent
- Right to lodge a complaint with the Dutch Data Protection Authority
For more information, see our Privacy Policy or contact us at info@en-tera.nl.
15. Severability
If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
16. Entire Agreement
These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Ask Ella B.V. regarding your use of the Website and Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
17. Waiver
The failure of Ask Ella B.V. to enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Ask Ella B.V.
18. Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms & Conditions without our prior written consent. We may assign or transfer these Terms & Conditions at any time without notice.
19. Contact Information
For questions about these Terms & Conditions, to report violations, or to exercise your rights, contact us at:
Ask Ella B.V. Parklaan 9, 1406 KJ Bussum, The Netherlands Email: info@en-tera.nl KvK: 97255661
20. Amendments
We reserve the right to modify these Terms & Conditions at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following any changes constitutes your acceptance of the new Terms & Conditions.
For significant changes, we will provide reasonable notice (such as via email or a prominent notice on the Website). If you do not agree with the modified Terms & Conditions, you should discontinue your use of the Website.
Last Updated: 12 January 2026
For the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): Postbus 93374, 2509 AJ Den Haag, Netherlands www.autoriteitpersoonsgegevens.nl