Terms of Service
Last updated: July 8th, 2024
Welcome, and thank you for your interest in Applied Humanity Inc. and our product Parafoil ("Applied Humanity," "Parafoil," "we," "our", or "us") and our website at https://parafoil.co, along with our related websites, hosted applications, macOS and Windows applications or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Applied Humanity Inc. regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY SIGNING UP OR REGISTERING WITH PARAFOIL OR FOR ANY SERVICE, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE, AND YOU SHOULD NOT USE, ANY SERVICE. YOUR USE OF THE SERVICE, AND PARAFOIL'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PARAFOIL AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE.
Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PARAFOIL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
1. Service Overview
Applied Humanity Inc. provides Parafoil, an application that helps users enhance their management skills and those of their teams by analyzing leadership activities, including emails, calendar entries, and meetings.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by these Terms.
3. Accounts and Registration
You may sign up for an account with Parafoil or for the Service. When you sign up for an account, you may be required to provide us with some information about yourself, such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and any passwords and user IDs for your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@parafoil.co.
4. General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable (except as otherwise provided in Section 13.5).
5. Licenses
Subject to your complete and ongoing compliance with these Terms, Parafoil grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any macOS or Windows application or other downloadable application associated with the Service on a device or computer that you own or control; and (b) access and use the Service.
6. Ownership; Proprietary Rights
The Service is owned and operated by Applied Humanity Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Applied Humanity Inc. are protected by intellectual property and other laws. You acknowledge that the Service and all Materials are the property of Parafoil or the third-party rights owners of such Materials. Except as expressly authorized by Applied Humanity Inc. in writing, you may not make use of the Materials. Applied Humanity Inc. reserves all rights to the Service and the Materials (to the extent of our rights in the Materials), not granted expressly in these Terms.
7. User Content
All data, information, communications, text, files, photographs, graphics, video, messages, and other materials or content uploaded, submitted, posted, or otherwise provided by or for you to the Service, or collected from you or your device or computer by the Service (collectively, "User Content"), shall be subject to these Terms as provided herein.
8. Third-Party Terms
Applied Humanity Inc. may provide tools or functionality through the Service that enable you to import and/or export information, including User Content, from or to third-party applications and services, including through features that allow you to link your account on Parafoil with an account on the third-party application or service.
9. Communications.
We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO: a. use the Service for any illegal purpose or in violation of any local, state, national, or international law; b. use the Service for any purpose not intended by us (as described in these Terms or other communications from us); c. harass, threaten, demean, embarrass, bully, or otherwise harm any person; d. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11. Intellectual Property Rights Protection
Applied Humanity Inc. respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
12. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated.
13. Term, Termination, and Modification of the Service
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Applied Humanity Inc., its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Applied Humanity Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
15. Disclaimers; No Warranties by Applied Humanity Inc.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. APPLIED HUMANITY INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE APPLIED HUMANITY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY MATERIALS OR CONTENT ON THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY APPLIED HUMANITY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Applied Humanity Inc. or Parafoil in the most expedient and cost-effective manner, and except as described in Section 17.2 and 17.3, you and Applied Humanity Inc. agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration.
18. Miscellaneous
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Applied Humanity Inc. regarding your use of the Service and associated subject matter hereof.
19. Notice Regarding Apple
This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Applied Humanity Inc. only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content of it.
20. Eligibility and Age Restrictions
Our Service is intended for users who are at least 18 years old. However, we recognize that in some cases, individuals over the age of 13 may use Parafoil with parental or guardian permission. By using our Service, you represent and warrant that you meet the applicable age requirement.