Terms of Service
Terms of Service for Pamastay Inc.
Last Updated Date: February 3rd, 2025
Introduction
Welcome to Pamastay.com. By accessing or using our Website or Services, you agree to these Terms of Service (the "Terms"). Please read them carefully. The Services are provided by Pamstay Inc. ("Pamastay"), a Delaware corporation in the United States of America. Your agreement to these terms is between you and Pamastay Inc.
In these Terms, Pamastay, "we", "us", or "our", means Pamastay Inc. and its associates. If any specific term in these Terms of Service ends up being invalid or unenforceable under applicable law, the other terms will not be affected.
We will change these Terms of Service and our Privacy Policy over time and when changes occur they will be effective immediately unless explicitly stated otherwise. You will be notified by email or in the Web Application when we believe a major change is relevant to your use of our Services. If we ever make fundamental changes like sharing your data to a new class of 3rd parties, your account and data will not be subject to the new changes until you have explicitly consented to the changes within the Pamastay Web Application.
Terms
“Website” or “Site” shall have the meaning of the website content and external links and information available on www.Pamastay.com
“Content” means any information (including contact information), data, audio, visual, audiovisual, score, rating, note, 3rd party data element, or any content made available through the Services or through the Services.
Services means (i) the user interface of the web application, (ii) the integrations of the web application, (iii) all Content available in the Web Application or available through the Website - including information linked to and available on YouTube, Spotify, and other channels associated with the Pamastay Podcast, (iv) the materials of the Pamastay Podcast
“Web Application” or “Web App” means Pamastay’s cloud-based service known as Pamastay. This is the web application made available by access from the site, or private invitation, to care givers, people receiving care, and institutions who can share information in order to provide care givers and people receiving care with PHI or PII.
“Personally Identifiable Information” or “PII” is any information that can be used to identify, contact, or locate an individual person, either information on its own, or when combined with other information. Direct PII includes full names, Social Security Numbers, Email addresses, phone numbers, and physical addresses. Indirect PII includes dates of birth, zip codes, IP address, device IDs, and in some cases login credentials. In the context of Pamastay, we consider your financial information to be indirect PII.
“Personal Health Information” or “PHI” is any information related to health status, healthcare, or payment for health services which is linked to you (PII). Pamastay includes PHI that you input and from other 3rd party providers.
“Non Covered Entity” or “NCE” is an individual, organization, or business that is NOT subject to HIPAA regulations because it does not fall into the categories of covered entities or business associates as defined by the Health Insurance Portability and Accountability Act (HIPAA).
Age
You must be 18 years or older to use Pamastay. If you are under 18, your legal guardian or legal parent may have an account managed for you. You agree that you are of legal age, or otherwise have legal authority, to enter into a contract with Pamastay or otherwise use Pamastay’s services.
Pamastay does not advertise to children. As an example of this behavior, Pamastay specifically does not market content in our podcasts and other public materials for consumption for individuals 18 and under. This applies to the Site and all Services.
Medical and FInancial Advice
Pamastay’s services are not intended to provide medical nor financial advice. Pamastay is designed to organize, retrieve, and share Content that you input, and that is inputted from 3rd parties. Pamastay may aggregate Content in order to provide Services to individuals who are subject to the Terms. Sometimes Pamastay will cite publicly available recommendations of various health authorities. Information shared on the platform should be interpreted as convenient information which enables you to act, with other individuals, to create outcomes for you and others. You are responsible for speaking with qualified medical and financial professionals for all health and financial decisions. Pamastay Services and the Pamastay Site provide supplemental information, summarized for your decisioning. We provide information and a platform, clients are responsible for their actions with the information we share.
Experience and Change of Experience
As we get started into this long document, please note some obvious callouts:
Pamastay does not provide you with the equipment to access the Site or the Service.
You are responsible for all fees charged by third parties to access the Site and the Service (e.g., charges by Internet service providers).
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or Service.
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site and the Service (including, without limitation, access to any Content, in whole or in part, and including but not limited to any prior cases of submitted transactions on the Service and any Content displayed to you in connection with such cases) without notice.
That’s all standard. Please also note that Pamastay is a non covered entity (NCE) under HIPAA; therefore, we may collect and share health information (PHI) that you provide us directly. We are not subject to the HIPAA requirements that a health insurance agency, a clearing agency, reimbursement agency, nor hospital nor clinic are subject to. However, we are subject to laws associated with managing PII and data regulations such as the California Consumer Privacy Act. Your data is held encrypted and with best data handling practices, regardless of HIPAA responsibilities. You are responsible for ensuring that you have privileges to use, access, and share information that you provide to Pamastay.
You agree that Pamastay will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (including, without limitation, access to any Content, in whole or in part), except that to the extent you pay subscription fees to access or use the Service, you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service in its entirety.
In the course of business, Pamastay will change our user interfaces and materials over time. While you are using Pamastay, your experience will change. We will add or remove features and/or functionalities as well as increase or decrease limits of our service and we will notify you by email or in the application when we believe that a change substantially impacts your utilization of Pamastay.
Conduct
You agree to follow all applicable laws while using our services, and you agree to not abuse nor otherwise disrupt Pamastay by interacting with our services in any way which is not intended.
Your Information
You agree that you have the legal right to provide Pamastay with Content both In App and on the Site, in ways that you choose while you are using Pamastay Services. You agree that you have the right to share information with Pamastay and others that you choose to share that information with. You agree that sharing Content is your choice, your responsibility, and that you are legally responsible for what you share on Pamastay.
If you upload your own creative or non-public data into Pamastay, you understand that Pamastay has no obligation to back up any Content and the Content we store may be deleted at any time. You hereby grant to Pamastay, and you represent and warrant that you have the right to grant, for the purposes of exercising our rights and performing our obligations under these Terms and providing and improving our Services an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide, sublicensable license to the Content, during and after the Term. To the extent that an agreement between Pamastay and Pamastay’s third-party providers requires Pamastay to grant a license in the Content to such third-party provider, the scope of the license set forth in the foregoing sentence shall be deemed to include the rights necessary to enable Pamastay to grant such license to the applicable third-party provider.
Pamastay’s Privacy Policy, available at www.pamastay.com/privacy, is hereby incorporated into these Terms. To the extent that Pamastay’s Privacy Policy conflicts with other terms in these Terms, our Privacy Policy, as applicable, will control. For every piece of Content you will supply or make available to us, and you hereby authorize us to receive or collect from other applicable third-party platforms, information regarding the applicable Pamastay account member, including such individual’s actual or inputted perceived information. You acknowledge that our provision of the Services are conditioned upon our receipt of correct and accurate Content. You are solely responsible for the Content you provide. You hereby represent and warrant that the Content, your provision of the Content, and our use and disclosure of the Content in accordance with these Terms (including Pamstay’s Privacy Policy, as applicable), does not violate any third-party rights or any laws, regulations, or obligations imposed by any third party. In addition, you hereby represent and warrant that you have obtained or will obtain and maintain all necessary consents, approvals, and waivers to permit you and each third-party platform to provide us with or otherwise authorize our access to Content and to use and disclose to third parties Content as contemplated by these Terms (including Pamastay’s Privacy Policy, as applicable).
Pamastay will not share your PII with any 3rd party unless it is required to do so for the purposes of:
The Delivery of Services: Pamastay will use some 3rd party services to process your data in order to deliver services to you. The employees of these companies cannot interpret this data in a readable manner (specifically, their employees cannot see it in a non-queryable user interface). Services that are required are services such as Dynamo DB, AWS, Cloudflare, OpenAI, and others. Your data is always processed with minimal visibility - including practices of encryption at rest and in transit, using HTTPS, and other best practices.
Preventing fraud: Pamastay may use your information to stop fraud within Pamastay’s Site or Services, and against Pamastay.
You agree to share this data by clicking on agreement to these Terms when you are signing up for Pamstay Services in the Web App or by participating in activities associated with the Site.
Intellectual Property
All Content on Pamastay is owned by, licensed to, or otherwise delivered by Pamastay. By uploading Content, you have provided Pamastay with abilities to use the Content (as mentioned in the section above, “Your Information”). You can share Content in the Web App to others, which is covered under these Terms as part of the Services provided by Pamastay. Such services are provided without any transfer of intellectual property rights to you. You may not copy, reproduce, or distribute Content in our Services or on our Site without our permission.
The Site, the Service, and all Content are protected by applicable intellectual property laws, including United States copyright law and international treaties. We and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site and the Services, including all Content on and available through the Site and the Service, and any and all underlying software and technology used to provide and make available the Site and the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All trademarks, logos and service marks displayed on the Site (“Trademarks”) are our property or the property of other third parties. You are not permitted to use these Trademarks without our prior written consent or the consent of such third party which may own the Trademarks.
Third Party Data
By connecting Pamastay to other applications, such as fitness applications, Medicare information, EHR, financial services, or any other third party services to your Pamastay account, you are authorizing us to obtain and store the information that the third party sends to Pamastay. Third parties will often allow you to customize which exact data you share when connecting to Pamastay, but this is not guaranteed and we don't have direct control over which data is sent to us.
Due to the services Pamastay providers, which include novel technologies such as the ability to stop scams and fraud, you agree that certain types of data cannot be deleted from Pamastay:
Learnings: Learnings into our machine learning models, and learnings that our employees, affiliates, or others gain from your information cannot be deleted.
Raw Data: Your information may be stored in order to prevent fraud. The information we keep for as long as five years is the information associated with financial services transactions to ensure Services can stop scammers and fraudsters. Pamastay will store this information in a disaggregated manner, as this is “Indirect PII,” when your account information is otherwise deleted.
To delete data from Pamastay, outside of the data shared above, you need to close your account, contact support@pamastay.com, and ask for data to be deleted.
We cannot guarantee the quality, accuracy, legality, completeness, or timeliness of data that comes from third parties, including both the services you connect via login and any documents that you upload to Pamastay. We will use reasonable effort and skill to improve the quality and display of data when we can, but our efforts will still be imperfect and may occasionally result in inaccuracies. Always consult a qualified medical professional or a certified financial planner before you take actions regarding your health and financial information, and always double-check with your healthcare provider if your information seems wrong.
Data License and Restrictions
Pamastay does have data restrictions. We will not (i) identify you to any unaffiliated third party, (ii) disclose a complete data set of of your data to any unaffiliated third party, (iii) disclose more than the disaggregated portions of your data, other than what is necessary to exercise Pamastay’s rights and perform our Services under these Terms, or (iv) Process your PII for the specific intent and purpose of cookie tracking, ad exchanges, data brokerages, ad networks, or sending electronic communications (including email) in violation of applicable law; provided, however, that the restrictions set forth in (i) – (iii) above shall not apply to (a) third-party cloud service providers engaged by Pamastay in connection with the Service, or (b) for the processes of ensuring providers outlined in the Privacy Policy can maintain data transfers that are expected by our Customers from the Service.
Limitations of Liability
NEITHER PAMASTAY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PAMASTAY OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE MAXIMUM TOTAL LIABILITY OF PAMASTAY TO YOU FOR ALL CLAIMS OR DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OR THE ORDERS, OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU, TO PAMASTAY, FOR YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF PAMASTAY TO YOU FOR ALL CLAIMS OR DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OR THE ORDERS, OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $50. YOU FURTHER AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, OR ANY CONTENT. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity
Indemnification by you. You will defend, indemnify and hold harmless Pamastay, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any third-party claims, proceedings or demands (“Claims”), and any related costs, damages, expenses, and liabilities (including reasonable attorneys’ fees), arising out of or related to your use of the Site, the Services, and any Content provided by you or by Pamastay, your violation of any provision of these Terms, or your violation of any law, regulation, or rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Indemnification by Pamastay. Pamastay will defend or settle, at its sole option, any actual third-party Claims brought against you alleging that your use of the Service or Content in accordance with these Terms infringes any intellectual property rights of a third party, and Pamastay will pay any amount finally awarded to such third party by a court, or agreed upon by Pamastay and the third party, in connection with such Claim; provided that you promptly notify us upon becoming aware of any such Claim, provide us with sole control over the defense thereof, and cooperate with us, upon request, in our defense of the Claim. Notwithstanding the foregoing, Pamastay shall have no liability or obligations under this section of Indemnity to the extent the Claim arises from: (i) your provision of User Data to Pamastay ; (ii) the use of the Services or Content in combination with any other software, hardware, Content or materials; (iii) the modification of the Services or Content other than by Pamastay; or (iv) the use of the Service or Content in a manner: (a) for which the Service or Content was not designed or intended, or (b) not described in the applicable documentation provided by Pamastay.
Termination and Suspension:
Except as otherwise set forth in an applicable contract, you may terminate your account, upon 30 days’ prior written notice by contacting customer service at support@pamastay.com; however, any termination thereof will not relieve you of any current or future obligation to pay any fees or other costs owed by you to us under these Terms or any other obligation.
If you or your use of the Services negatively affects, or is reasonably expected to negatively affect, any part of the Services or the rights or interests of us or any third party, including in the event of breach of your payment obligations, or may result in a violation of applicable law, legal obligation, or legal rights of another, then, in addition to the termination rights set forth above, and any other remedies available to us, we reserve the right to suspend the Services or change the level of the Services, including without limitation the features or functionality thereof, provided to you, with or without notice and without liability to you.
Governing Law
California law will govern all disputes relating to these terms of service to the extent permissible by applicable law. Any action brought relating to these terms or relating to the services provided by Pamastay must be brought in the state or federal courts of California.
Privacy
See pamastay.com/privacy
Consent to Electronic Communications
By using the Site or the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site and the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.