Date: August 19, 2025PD Pal Terms of Service
THIS Terms of Service (THIS “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND CALM, HEALTHY, HAPPY (“CHH”). IF YOU ARE AGREEING TO THESE TERMS AS AN INDIVIDUAL “YOU” REFERS TO YOU INDIVIDUALLY. IF YOU ARE AGREEING TO THESE TERMS AS A REPRESENTATIVE OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND “YOU” REFERS TO THAT ENTITY. BY DOWNLOADING, INSTALLING OR OTHERWISE USING CHH’S PD PAL MOBILE APPLICATION (THE “APPLICATION”), YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU ARE NOT 18 YEARS OF AGE OR DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR OPERATE THE APPLICATION AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE APPLICATION.
ANY CONTENT OR INFORMATION DISPLAYED ON THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTHCARE PROVIDERS FOR SUCH ADVICE, DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THAT APPEARS OR DOES NOT APPEAR ON THE APPLICATION. A PROVIDER’S ABILITY TO USE OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT HEALTHCARE PROVIDER BY CHH.
USE OF THE APPLICATION IS NOT APPROPRIATE FOR EMERGENCIES OR URGENT SITUATIONS. DO NOT USE THE APPLICATION TO SEEK MEDICAL SERVICES FOR EMERGENCIES OR URGENT SITUATIONS OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. IF YOU THINK YOU OR ANY OTHER PERSON HAS A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT OR THE CARE OR TREATMENT OF ANY OTHER PERSON, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
End User License.
The Application is licensed, not sold. Subject to the terms and conditions of this Agreement, CHH hereby grants you a non-transferable, non-sublicenseable, non-exclusive, revocable license to install one object code copy of the Application on a mobile device owned or leased by you for purposes of accessing and utilizing the CHH hosted services associated with the Application (the “Services”). You must have a mobile device that is compatible with the Application. CHH does not warrant that the Application will be compatible with all mobile devices.
Collection and Use of Information.
The Application connects to computer systems and mobile devices over the Internet, which may include connections via wireless and wired networks. You acknowledge that when you download, install, or use the Application, CHH may use automatic means to collect information about your use of the Application, your mobile device and/or your wireless service. Use of the Application operates as your consent to the transmission and collection of such information. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information CHH collects through or in connection with the Application is subject to CHH’s Privacy Policy https://www.calmhealthyhappy.org/privacy-policy-1. By downloading, installing, using, and providing information to or through the Application, you consent to all actions taken by CHH with respect to your information in compliance with the Privacy Policy.
User Content.
The Application may permit you to transmit, upload or submit information, images, video, data, text, messages, or other materials (collectively, “Content”) to the Services. By transmitting, uploading or submitting Content via the Application, you grant to CHH an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to: use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Content (or any modification thereto), in whole or in part, for purposes of (a) performing its obligations and providing the applicable Services to you under this Agreement, (b) using such Content to create Aggregated Statistics (as defined below) and (c) using such Content in connection with its internal Machine Learning (as defined below) processes and as such data is incorporated into or modifies such Machine Learning. You represent and warrant that: (i) you have all the rights in the Content necessary to grant the foregoing license to CHH; and (ii) the handling, storage, use or transmission of your Content by CHH will not violate any law, regulation or term of this Agreement.
Notwithstanding anything else in this Agreement or otherwise, CHH may monitor your use of the Application and use data and information related to such use and Content in an aggregate and anonymous manner, including to compile statistical and performance information and prepare and maintain analytics related to the provision and operation of the Application and Services (“Aggregated Statistics”). As between CHH and you, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by CHH. You acknowledge that CHH will be compiling Aggregated Statistics based on Content input, uploaded or otherwise transmitted via the Application and you agree that CHH may (a) make such Aggregated Statistics publicly available, and (b) use such information in compliance with applicable law or regulation and for purposes of data gathering, analysis, service and product enhancement and marketing, provided that such data and information does not identify you or your confidential information.
You acknowledge and agree that the Application utilizes machine learning and artificial intelligence (“Machine Learning”) to process Content and to provide, improve and modify the Application and Services. Accordingly, you hereby grant CHH a non-exclusive, royalty-free, fully-paid-up, perpetual, irrevocable license to use Content, and the results obtained from the processing of such Content, in connection with such Machine Learning.
Prohibited Content.
You may not submit, upload, post or otherwise make available Content protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, patents, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content. You agree to not provide, make available or transmit Content for use with the Application or Services that: (i) is in breach of confidentiality or your privacy obligations, or those of a third party; (ii) encourages or constitutes conduct that would be deemed a criminal offense, gives rise to a civil liability, or otherwise is contrary to the law in any jurisdiction; (iii) is harmful to software and hardware, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other technology, code or data; or (iv) violates the intellectual property rights of others.
Use of Application: Acceptable Use.
You must not use the Application to: (i) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) damage, disable, overburden, or impair the Application, the Services, or any other software or services with which the Application interacts; (iii) resell or redistribute the Application; (v) use any unauthorized means to modify, reroute, or gain access to the Application or Services; (vi) abuse, harass, stalk or otherwise violate the legal rights of a third party; or (vii) share passwords or other access information or devices or otherwise authorize, allow or enable any third party to access or use the Application.
Links to Third Party Sites.
The Application may contain links to third-party websites or resources that are not owned or controlled by CHH. You acknowledge and agree that CHH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. CHH does not control nor does it review, research, verify, validate or approve the third-party sites to which the Application may be linked. Such links, therefore, do not imply any endorsement by CHH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Open Source Software.
Certain software provided with the Software is subject to the provisions of open source license agreements, which may include, without limitation, the GNU Lesser General Public License and the Mozilla Public License (“Open Source Software”). The terms of your use of such Open Source Software is subject to and governed by the respective Open Source Software licenses, except that this Section 7, Section 9, and Section 10 of this Agreement also govern your use of the Open Source Software. You agree to comply with the terms and conditions contained in all such Open Source Software licenses. For the avoidance of doubt, the definition of Application shall not include Open Source Software.
Trademarks.
CHH, the CHH logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of CHH and/or its licensors, and may not be used, in whole or in part, without the prior written permission of CHH.
Warranty Disclaimer.
THE APPLICATION AND OPEN SOURCE SOFTWARE IS DELIVERED OR PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CHH AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CHH DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, ITS USE OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER CHH NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE APPLICATION OR CHH’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHH MAKES NO WARRANTY THAT THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE APPLICATION, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APPLICATION OR FROM US SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE APPLICATION AFTER TERMINATION HEREOF.
Limits of Liability.
IN NO EVENT SHALL CHH, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, OR FOR ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION, EVEN IF CHH KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES. THE LIMITS IN THIS SECTION ARE ENFORCEABLE UNLESS OTHERWISE SPECIFICALLY EXCLUDED OR LIMITED BY LAW. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THIS AGREEMENT, NEITHER CHH NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES REGARDING THE USE OR OPERATION OF ANY OPEN SOURCE SOFTWARE FURNISHED IN CONNECTION WITH THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, BY USING THE APPLICATION, YOU AGREE THAT CHH SHALL NOT BE LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT ANY PROVIDER MAY RENDER TO YOU. IN NO EVENT SHALL CHH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF MEDICAL SERVICES OBTAINED AS A RESULT OF YOUR USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY SERVICE, INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY ANY HEALTHCARE PROVIDER OR ANY OTHER PERSON WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, CHH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ARE USING THE APPLICATION AT YOUR OWN RISK.
Indemnification.
You are solely liable for your use of the Application, including the use of all Content uploaded or transmitted in connection therewith. You agree to indemnify and hold harmless CHH, its licensors, and its officers, directors, shareholders, employees, contractors, and affiliates from any claim, action, demand, loss, and/or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Application, fraud, violation of law, or your conduct and all Content, and/or your violation of this Agreement.
Intellectual Property and Proprietary Information.
The Application is the intellectual property of CHH and/or its licensors, and is protected by United States and international copyright laws and international treaties. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Application, and all rights not expressly granted are reserved by CHH and its licensors. You shall not modify, adapt, translate, or create derivative works based upon the Application. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the Application. You agree that you will not disclose any of CHH’s non-public information, including, without limitation, the Application software and related documentation (“Proprietary Information”) to anyone without CHH’s written consent. You agree to hold all Proprietary Information in confidence and to use reasonable measures to protect the Proprietary Information from unauthorized disclosure and dissemination. As between you and CHH, all Proprietary Information will remain CHH’s sole and exclusive property. Upon the termination of this Agreement, or at any time upon CHH’s written request, you will return to CHH or destroy the Proprietary Information, keeping no copies regardless of form.
Export Control Rules.
You may not use or otherwise export or re-export the Application except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained. By using the Application, you represent and warrant that (a) 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 (b) you are not on any U.S. government list of prohibited or restricted parties.
Feedback.
Any comments, questions, suggestions or other feedback about the Application (collectively, “Feedback”) that you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Applicable Law and Order of Precedence.
This Agreement and your use of the Application shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. Any action arising out of or relating to this Agreement shall be brought only in the state and federal courts located in San Francisco, California, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, CHH may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of this Agreement, in addition to any other rights or remedies CHH may have available at law or in equity.
The Application is made available to you from the United States of America and may not be appropriate for use in other locations. If you use the Application outside the United States of America, you are solely responsible for following applicable local laws.
Termination; Severability; Waiver.
Notwithstanding this Agreement, CHH reserves the right to temporarily suspend or terminate your access to the Application or the Application’s access to the Service at any time in CHH’s sole discretion, with or without notice, or to terminate your license to use the Application and to block or prevent future access to and use of the Application. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement or the application of such provisions, as applied to other persons, places and circumstances, shall remain in full force and effect. Our failure to enforce any provision of this Agreement is not a waiver of such provision.
Updates and Changes.
CHH reserves the right, in its sole discretion, to change the Application and any content within it at any time and without notice.
Mobile App Store Terms and Conditions.
The following additional terms and conditions apply with respect to any application that CHH provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that this Agreement is between you and CHH only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Apple’s then-current Apple Media Services Terms and Conditions.
CHH, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that CHH, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
You agree that CHH, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
You represent and warrant that: (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to this Agreement as its terms relate to your license to use the iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you its terms they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Halter only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Store Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Halter, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
Support Services.
CHH may, but is not obligated to provide support services to you under this Agreement.
Contact CHH.
If you have any questions about this Agreement or otherwise need to contact us for any reason, you can reach us at info@calmhealthyhappy.org.