Terms of Service
Last updated: July 21, 2022
Pal, operating under the official name Amie Technologies B.V. (hereinafter referred to as “amie”, “Pal”, “we,” “us,” and “our”) is a digital care app, aiming to help individuals with life-limiting illnesses and their family caregivers to deliver better at-home care.
This Personal Use Terms of Service covers the terms of service when you use our products or services, including our public website at www.palhelps.com (the “Website“), and on our progressive web app accessible at app.palhelps.com (the “App”), or other products, (collectively, “Services” or “Service”). For purposes of this Personal Use Terms of Service, “you” and “your” means you as the user of the Service, and the “Care Recipient” means the person for whom you are using our Services to care for. The Care Recipient may be you or someone else.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
For purposes of these Terms: (i) “Pal Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Pal; and (ii) “User Content” means any Content or App entries that you provide on your or the Care Recipient’s behalf, to be made available through the Service, which includes but is not limited to symptoms, symptom severity and notes. Collectively, Pal Content and User Content are referred to as “Content.”
Our Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Removal of User Content: You can remove your User Content by specifically deleting it. Once deleted we will not be able to retrieve and restore any of the deleted user content. Additional details with respect to the removal and storage of User Content are set forth in Section 9 (Termination) below.
Pal Content & Use Policy and Monitoring Content: Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
2. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have a written permission from Pal to do so:
- access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s access to or use of the Service or use any device, software or routine that causes the same;
- attempt to gain unauthorised access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
- use the Service for illegal purposes;
- duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
- violate any applicable law or regulation in connection with your access to or use of the Service; or
- access or use the Service in any way not expressly permitted by these Terms.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
4. Care Team
Our App is built around a Care Recipient’s profile. When you create an account, you will also automatically create a Care Recipient profile for yourself or someone you are caring for. You as a User, and the Care Recipient’s profile collectively shape a care team, referred to as “Care Team.”
You may at any time invite others or provide access to others to join your Care Team. In order to do this, you need to share the Care Recipient’s unique ID with other users. You may access this in the profile section of the App. By providing this unique ID to others, you confirm that you are authorised and have received permission from all members of the Care Team to provide access to new users. All users and members of the Care Team will be able to access and view your Content, and will be able to invite and provide access to other users to join the Care Team.
5**. Subscriptions and Fees**
Our Services are currently provided completely free of charge. Pal, in its sole discretion and at any time, may add or modify the Subscription Fees for the Subscriptions. Pal will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the new or modified Subscription Fees.
6**. Communications from Pal**
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
7**. Intellectual Property**
The Service and its Content (excluding User Content), features and functionality are and will remain the exclusive property of Pal. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pal.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Pal, and Pal may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Pal any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral right and any and all other intellectual property right) that you may have in and to any and all Feedback.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may send a request to us via email at . Upon deleting your user account, all the App entries you have created will also be deleted and will no longer be accessible by anyone else in the Care Team. User Content will be deleted from our servers and can no longer be recovered.
As part of Pal Content, we may provide some information to you, including but not limited to information about a symptom, information about assessing symptom severity, advice and recommendations. You agree to defend, indemnify and hold harmless, Pal and their shareholders, employees, contractors, agents, officers and directors, from and against any and all claims, health claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees), health complications and/or death, resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
11. Limitations of Liability
In no event shall Pal, nor its shareholders, directors, employees, partners, agents, suppliers, or affiliates, be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, health, life, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pal, its subsidiaries, its affiliates, and its licensors do not warrant that (a) the service will function uninterrupted, fast, secure or will be available at any particular time or location; (b) any errors or defects will be corrected; (c) the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements.
13**. Additional App Terms**
You are responsible for providing the mobile device, wireless service plan, software, internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Services including the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Pal. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Pal.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of The Netherlands.
15**. Arbitration and Class Action Waiver**
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Pal’s services and/or products, including the Service, will be resolved by arbitration. You and Pal agree that any Claim will be settled by final and binding arbitration, using the English language, administered by a mediation, arbitration and ADR services organisation duly selected by Pal. Upon Pal’s approval, the dispute may then be referred to the competent court in Amsterdam, Netherlands, subject to appeal in the second instance (cassatie).
Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Pal are each waiving the right to trial by jury or to participate in a class action or class arbitration.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
18**. Entire Agreement**
These Terms constitute the entire agreement between you and Pal regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.