Terms of Service

Effective date: May 4, 2025

These Terms of Service govern your use of our software applications ("apps"), our website located at https://www.palm-ER.com, and any related services provided by palmER Worldwide LLC.

When you use our software, whether via mobile, web, or any other platform, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using our software, accessing our website, or using any other services provided by palmER Worldwide LLC.

We, palmER Worldwide LLC, reserve the right to review and amend any of these Terms of Service at any time and at our sole discretion. Thus, you are advised to review this page for any changes. We will notify you of any changes by posting the new Terms of Service on this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

Privacy Policy

Our Privacy Policy, available at Privacy Policy, explains how we collect, use, and protect your information. By using our services, you also agree to the terms outlined in our Privacy Policy.

We employ commercially reasonable safeguards to protect your data, including AES-256 encryption at rest and in transit, access control measures, and secure infrastructure. However, no system can be 100% secure, and you acknowledge that you use our services at your own risk.

Definitions

Limitations of Use

By using our software and website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

We may integrate with third-party services (such as OpenAI, Anthropic, Supabase, Google, Stripe, and Customer.io). Your interactions with these services are governed by their respective terms and privacy policies. We are not responsible for their actions, omissions, or data practices.

Intellectual Property

The intellectual property in the materials in our software and on our website is owned by or licensed to palmER Worldwide LLC. You may use the software solely for your personal use.

This constitutes the grant of a license, not a transfer of title. This license terminates automatically if you violate these Terms of Service and may be terminated by us at any time.

Subscriptions and Billing

Our apps may offer subscription-based access to certain features or services, including but not limited to palmER AI Suite and palmEM AI.

By subscribing, you authorize the applicable platform to charge your payment method on a recurring basis in accordance with their terms and conditions. You are responsible for managing your own subscription settings, including cancelation or changes, through your account on the platform used for purchase.

Liability

Our apps and the materials in our apps and on our website are provided on an 'as is' basis. To the extent permitted by law, palmER Worldwide LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall palmER Worldwide LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our apps, our website, or any other services provided by palmER Worldwide LLC or the materials in our apps, even if palmER Worldwide LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Our software is intended to be used as educational tools and is not a substitute for professional medical advice or treatment. Our software is not intended to replace the clinical judgment and expertise of a healthcare professional, nor the consultation of authoritative sources like medical textbooks, drug prescribing information, and professional and institutional guidelines. Although significant effort is put into creating and maintaining the content, we do not warrant or guarantee its accuracy or currency. It is the responsibility of the user to confirm the accuracy of all content. The information within our software is based primarily on clinical practice standards within the United States of America and may not be appropriate for use in other countries. The user is advised to consult authoritative sources before making any clinical decisions. Before prescribing or administering any drug, the user must review the manufacturer's current product information or package insert for accepted indications, dosage, adverse effects, contraindications and any other information pertinent to appropriate use. The developer assumes no responsibility for any loss, injury, and/or damage to persons or property arising from or related to any use of our products. By using our software, the user assumes liability for and shall indemnify, defend, protect, save, and hold harmless palmER Worldwide LLC, its directors, officers, and agents, from and against any and all liabilities, claims, demands, suits, judgments, damages, and losses (including all costs, fees, and expenses in connection therewith or incident thereto), for death of, or injury or harm to, any person whomsoever, and for loss of, damage to, or destruction of any property whatsoever, including any loss of use thereof.

Medical Liability Limitation

To the maximum extent permitted by law:

  1. Our software does not diagnose, treat, or cure any disease.
  2. We are not responsible for medical decisions based on our software.
  3. We disclaim liability for adverse clinical outcomes.
  4. Users are responsible for all patient care decisions.
  5. These limitations apply regardless of software use context.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Healthcare Professional Use

If you are a healthcare professional:

Validation Requirement for AI-Generated Content

All AI outputs must:

Strict PHI Prohibition

By using our apps:

You must not input, upload, or submit any Protected Health Information (PHI), including but not limited to names, dates of birth, MRNs, phone numbers, or other identifying patient details.

If PHI is submitted in violation of this policy, palmER Worldwide LLC will take reasonable steps to de-identify the information, but disclaims all liability arising from such use. You are solely responsible for ensuring that no PHI is entered.

We disclaim all responsibility for data entered in violation of this policy. You agree to indemnify and hold us harmless for any breach of HIPAA or similar laws resulting from your misuse of the platform.

We enter into Business Associate Agreements (BAAs) when applicable and upon mutual execution. While our infrastructure meets HIPAA-compliant security standards, our services are not intended for the storage, transmission, or processing of Protected Health Information (PHI). Users are strictly prohibited from entering PHI into the platform.

Decision Support Tool Limitations

Clinical tools:

No Guarantee of Clinical Outcomes

We do not guarantee:

Indemnification by Healthcare Users

You agree to indemnify us against:

Beta / Trial Disclaimer

Trial and beta features:

Accessibility Commitment

We are committed to digital accessibility and work toward compliance with accessibility standards. We welcome feedback on improving accessibility. Please contact [email protected] for any accessibility-related concerns or requests.

Right to Terminate

We may terminate your account:

Notice regarding Apple

To the extent that you are using or accessing our apps on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and palmER Worldwide LLC only, not with Apple Inc. (Apple), and Apple is not responsible for our apps and any materials available in our apps.

Apple has no obligation to furnish you with any maintenance and support services with respect to our apps.

If our apps fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our apps and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our apps or your use of our apps, including but not limited to (1) product liability claims; (2) any claim that our mobile applications fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile applications infringe that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using our apps, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Arbitration and Dispute Resolution

Disputes shall be resolved by binding arbitration under AAA rules in Delaware. You waive jury trial and class actions.

Severance

If a clause is unenforceable, it shall be severed, and the remainder shall remain valid.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. All disputes shall be resolved through binding arbitration as outlined above, and not in a court of law, except to enforce arbitration decisions or seek injunctive relief.

Contact Us

If you have questions or legal inquiries: