Terms of Use

PillPal Terms of Use

Last Updated

November, 13, 2018


Acceptance of Terms

PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. BCG Digital Ventures with offices at 10 Hudson Yards, New York, NY 10001 (“PillPal”, “us”, “our”, “we”) provides the PillPal platform (the “Platform”) to help individuals report on their symptoms, adverse events, resource utilization and lab reports in exchange for monetary benefits (all of the foregoing collectively the “Service”). As used herein, “you” or “your” refers to the individual accessing or using the Service.


PillPal, including all site-related content and services (collectively, “PillPal”) is provided by PillPal. Your use of PillPal is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by the PillPal in relation to specific site-related services or content. Use of PillPal is governed by the terms of use policies posted on each of those sites. Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to PillPal (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Terms of Use. By using PillPal, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of PillPal. PillPal may deny service to you at any time, including in the event you do not adhere to the Terms of Use.


Eligibility to Use the Service

By requesting to use, registering to use and/or using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

● Our Services are available only to individuals who are eighteen (18) years of age or older.

● The Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, do not register to use the Services.

● You must not be a competitor of PillPal or use our Services for reasons that are in competition with PillPal.

About PillPal; The Purpose of PillPal

PillPal is a digital health platform that aims to revolutionize how cancer research in Multiple Myeloma is conducted. PillPal makes it easier for patients to better show pharmaceutical companies how their multiple myeloma drugs affect them in their daily lives, accelerating research in this field.

Use of Service

You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. PillPal is not a health care provider and does not provide any type of medical consultation. Persons using this application assume full responsibility for the use of the Service and agree that PillPal is not responsible or liable for any claim, loss, or damage arising from the use of the Services. PillPal does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. PillPal allows you to access and use the Service subject to these terms and conditions for your own use only. The Service is not for use by for any other commercial or non-personal purpose.


Use Restrictions

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s username or other Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of PillPal or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Service is the property of PillPal, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or username without permission. PillPal can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from PillPal.


Account Registration

To register for the Services, you will need to create a PillPal account. Your use of the the Service is subject to these Terms and our Privacy Policy (which may be accessed at [insert URL], and is hereby incorporated by reference). We reserve the right to refuse to allow a user to open or maintain an account for any reason in our sole discretion. To create an account, you must provide us with your e-mail address, phone number and select a username. You may not provide false information during the registration process. You should not reveal your username to other users. We will not ask you to reveal your username. If you forget your username, you can request to have a new username sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join PillPal again without express permission. You agree to immediately notify us of any unauthorized use of your account or username of which you become aware. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. PillPal will not be liable for any losses or damage arising from unauthorized use of your account or username, and you agree to indemnify and hold PillPal harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.


Internet Access May Be Required

Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Service through any wireless or other communication service.


PillPal Proprietary Rights and Re-Use Policy

You acknowledge and agree that the information and materials presented on or through PillPal will remain the property of the PillPal and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by or for PillPal (including editorial content, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for the PillPal are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for PillPal.

The trademarks, service marks, logos and trade names displayed on PillPal (collectively the “Marks”) are the registered and unregistered trademarks of PillPal, PillPal licensors and suppliers, and others. All Marks on PillPal not owned by PillPal are the property of their respective owners. The Marks owned by PillPal, whether registered or unregistered, may not be used in connection with any product or service that is not PillPal's. Please review our Re-Use Policy, which is incorporated into this Terms of Use by this reference, to determine how you may use certain materials posted on PillPal.


Links

PillPal provides links to other websites and resources. Because PillPal has no control over these sites and resources, you acknowledge and agree that PillPal does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. PillPal is providing these links to you only as a convenience. PillPal has the right but not the obligation to block links from or to PillPal at any time. Any Personal Information you provide on the linked pages is provided directly to that third-party and is subject to that third party’s provider’s privacy policy. Except as described above, PillPal is not responsible for the content or privacy practices of websites to which we link. We encourage you to learn about the privacy practices of each web site before providing them with Personal Information.


Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PillPal infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter-notices with respect to PillPal should be emailed to us.


Privacy Policy

All information provided by you or collected by us during visits to PillPal is governed by PillPal’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here. Additionally, by providing your phone number, you consent to PillPal using your telephone number on file to contact you to provide the Service, including sending text message communications, mobile push notifications, and/or phone calls. To stop receiving communications through text messages, mobile push notifications, or phone calls, you must [insert email address] and withdraw your consent.


Breach of Personal Information

If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive any required notifications of this breach from PillPal or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact PillPal by email at hi@pillpal.co and withdraw your consent. You also permit PillPal, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification. To the extent required by applicable law, PillPal may report the breach of information to governmental authorities or other third parties.


Availability

PillPal shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. PillPal will not be liable to you as a result of temporary service interruptions. You acknowledge that PillPal may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice.


Jurisdictional Issues

PillPal is controlled and operated by PillPal from New York, NY, U.S.A., and is not intended to subject PillPal to the laws or jurisdiction of any other state, country or territory. Those who choose to access PillPal do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations. These Terms of Use are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, in any matter arising out of or related to PillPal or these Terms of Use.


Termination

You agree that PillPal, in its sole discretion, may terminate your use of PillPal or any part thereof, at any time and for any reason, including if PillPal believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Grounds for such termination may include, but are not limited to, the following: (i) you are ineligible to use the Services (ii) extended periods of inactivity associated with your account, (iii) your violation of the letter or spirit of these Terms, (iv) fraudulent, harassing or abusive behavior associated with your account, (v) behavior associated with you or your account that is harmful to other users, third parties, or the business interests of PillPal, or (vi) behavior associated with you or your account that violates the privacy of other users or third parties. Further, you agree that PillPal will not be liable to you or any third party for any termination of your access to PillPal.


If PillPal believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service.

You may request termination of your PillPal account at any time and for any reason by sending an email to hi@pillpal.co Any suspension, termination, or cancellation shall not affect your obligations to PillPal and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.


Disclaimers

Your use of the Service is at your sole discretion and risk. PILLPAL IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF PILLPAL, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PILLPAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO PILLPAL.


PillPal may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to PillPal content or features. Although we attempt to ensure the integrity of PillPal, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which PillPal’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on PillPal, as well as information sufficient to enable us to contact you. We reserve the right to correct any errors, inaccuracies or omissions and to change or update PillPal content information at any time without prior notice.


Limitation of Liability

NEITHER PILLPAL NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO PILLPAL AND/OR MATERIALS CONTAINED THEREON, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH PILLPAL. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.


Indemnification

You agree to defend, indemnify, and hold harmless PillPal and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from: (a) your activities in connection with PillPal; (b) any violation of these Terms of Use by you; (c) any allegation that any submissions or other materials you submit to us or transmit to PillPal infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; or (d) your violation of any law or regulation. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.


Miscellaneous

The failure of PillPal to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. PillPal may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.


Notice

All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service email to PillPal, at hi@pillpal.co. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email.


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