AllerPal | Terms of Service

Last Updated Date: September 1, 2015

Dandelion Technology, LLC (“Allerpal” or “we”) through its AllerPal app (the “App”) and its AllerPal website (http://allerpal.net)  (the “Site”) provides an app for the iOS and the Android operating systems that allows users to share their children’s food allergy action plan with their children’s caregivers.. Please read carefully these Terms of Service (the “Terms”) and our Privacy Policy. The Terms govern your access to and use of the App and the Site, and constitute a binding legal agreement between you and AllerPal.  The Site and and App are together referred to as the “Services.”

You acknowledge and agree that, by accessing or using the Services, or by downloading, uploading or posting any content from or on the Site or the App, you are indicating that you have read, and that you understand and agree to be bound by, the Terms, whether or not you have registered for the App or use of the Site. If you do not agree to the Terms, then you have no right to access or use the Site or the App or any content from either.

The content of the Site and the App is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site or through the App for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of the App and the Site is entirely at your own risk, for which we shall not be liable. The action plan template provided in the App does not specify how a person should be treated in the event of a perceived allergic reaction. It is solely a template, which must be reviewed and modified by you to match the food allergy action plan completed by your child’s pediatrician or allergist. No advice or information, whether oral or written, obtained from AllerPal or through the Site or the App, constitutes medical advice, nor will it create any warranty, express or implied.

The Site may include links to other websites. These links are provided for your convenience only. We have no responsibility for the content of the linked websites.

Copyright

The Site and the App contain material which is owned by or licensed to us. This material includes but is not limited to, the design, layout, look, appearance and graphics of the Site and the App. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Medical ADVICE NOT PROVIDED

We do not provide any medical or pharmaceutical advice. We are not health care providers. The App and the Site are solely designed to support, not replace, the relationship that exists with any physician, allergist or other healthcare professionals. We are not subject to the Health Insurance Portability and Accountability Act (HIPAA), we take the protection of your private health information and your ability to control and access such information very seriously, and will only use and disclose your information in accordance with our Privacy Policy.

ACCOUNT REGISTRATION

You will be asked to create a password when you create your Allerpal account (your “Account”). AllerPal does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify AllerPal if you become aware of any unauthorized use of your Account.

creating and sharing action plans

When you register with us as a premium member you will be able to create food allergy action plans for your children (such action plans and related information provided by you are collectively referred to as your “Profile”). You will be able to add treatment information and relevant images to your Profile. As a premium member, you will have the opportunity to invite third-party caregivers (each a “Caregiver”) to access the action plans that you create. If you elect to invite a Caregiver to access your Profile, that Caregiver will receive an invitation to register with AllerPal and will need to complete the account registration process to become a Member. In addition, any Caregiver that you invite to access your child’s action plan will have full access to all of the information you have incorporated in your Profile. All Members are responsible for managing who they have shared their Profile with, and are responsible for determining, maintaining and protecting Profile content for their children.

LICENSE GRANTED BY MEMBER

By making available any Profile content on or through the Services, you hereby grant to AllerPal a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and license to access, use, view, copy, adapt, reformat, and download, such Profile content for the limited purpose of making such Profile content available to you and any Caregivers with whom you choose to share access to one or more of your Profiles via the Services and as otherwise set forth in our Privacy Policy. In the event you do elect to make your Profile and its corresponding Profile content available to one or more Caregivers, you further grant AllerPal a right to sublicense the Profile content to such Caregiver to allow access to and use of the same as permitted by the Services. Although any Caregiver is subject to these Terms as a Member, we cannot control any use of Profile content by any Caregiver and you are solely responsible for the same and any liability for such access.

You acknowledge and agree that you are solely responsible for all Profile content that you make available via the Services.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, AllerPal will have the right to suspend or disable your Account or terminate these Terms and disable access to your Account and Profile, at its sole discretion and without prior notice to you. AllerPal reserves the right to revoke your access to and use of the App at any time, with or without cause. You may cancel your Account at any time by sending an email to customerservice@allerpal.net.  In the event your Account is terminated, Caregivers with whom you have previously shared your Profile content, including your children’s action plans, will no longer be able to access or view such Profile content, including your children’s action plans.


 

INDEMNITY

You agree to defend, indemnify, and hold harmless AllerPal, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) any use of the Site or the App for any unlawful or inappropriate conduct, (iii) any act or omission by you that constitutes an actual or alleged violation of these Terms, or (iv) any use, whether authorized or not and whether proper or not, of your profile information by any caregiver or other third party with whom you have shared such information through the Services.

LIMITATION OF LIABILITY

The use of the Services and related content by you and any Caregiver with whom you share your Profile or your actions plans is at your own risk. The AllerPal app is intended to be used to allow parents to enter their existing physician directed food allergy action plan into an electronic format. The action plan created should not deviate in any way from the plan created by your Doctor. AllerPal assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services, for any errors in such information, or for any mis-use or mis-interpretation of such information, by a caregiver or otherwise.

CONTACTING Allerpal

If you have any questions about these Terms, please contact AllerPal at customerservice@allerpal.net.

Dandelion Technology, LLC

PO Box 111

Sherborn MA 01770