Painalog Terms and conditions
Welcome to the Painalog websites and mobile application. The following terms constitute an agreement (the ‘Terms & Conditions’) between you and School of Thai Massage (‘SCHOOL OF THAI MASSAGE’, ‘we’, ‘our’, or ‘us’), the operator of the Painalog platform through which you can access the following services: Our pain analytics software which includes (amongst other things)
- a 3D pain mapping user interface;
- a 3D muscle database
- Painalog’’s symptom tracking functionality and condition library Our online instructions and education videos and “Find a Therapist” functionality
- For therapist and professional users the functionality for Listing of their services and their profiles and contact details, to be made available to the other Users and visitors to the Website.
(hereon referred to as ‘Services’). We may modify these Terms at any time. Such modifications shall be effective immediately upon posting on the Site/App. You agree to review these Terms periodically and your continued access and use of the Site shall be deemed as your continued acceptance of the Terms. SCHOOL OF THAI MASSAGE provides the Services and related information “as is”. You agree to assume total responsibility and risk for the use of the Services. We do not make any warranties, endorsements or representations whatsoever with regard to the information provided through these services. It is your responsibility to evaluate the accuracy and completeness of the information provided through the site or on the Internet in general. SCHOOL OF THAI MASSAGE shall not be liable for any cost or damage arising from your understanding or interpretation of this information. The Services can be accessed through our smartphone application (the ‘App’), available for download on your mobile device for a price determined by us, and (subject to availability) may also be made available in the future through a web-based application (the ‘Site’).
- Together the Site, the App and the Services, including any software and other technology underlying the Site, App and the Service, including updates, are our ‘Platform’ or otherwise referred as software in this agreement.
- Further details on how you may be able to access the Services are provided in the App/Site.
- The Platform is operated by School of Thai Massage, a sole proprietorship located in US state of Vermont, and with its registered office at 43 State Street Second Floor, West St, Montpelier, VT 05602.
- To contact us, please email our customer service team at [email protected].
- You must be 18 years or older and capable in your country of residence of entering into legal binding agreement to use our Service.
- By accessing or using this site, or downloading or using the App, you represent and warrant that you agree to be bound by the terms and conditions.
- If you do not agree to these terms & conditions, you may not access or use the Platform, including the Site, App or the Services.
Your relationship with SCHOOL OF THAI MASSAGE
- Information we collect about you. Your privacy is very important to us. You should read our “Data and Privacy” section in these terms and conditions to understand how we collect and use your information in order to provide you with the best possible service.
About our Service
- We provide services to you through our Platform. These Services are described in more detail below.
- The Services are not suitable for the treatment of medical emergencies. We do NOT provide any emergency services, care for acute medical conditions or in-person diagnosis or treatment. As such, the Services are designed to educate but not replace the services of your regular in-person doctor or General Practitioner (‘GP’), a hospital or other healthcare provider.
- Any information provided through the platform, will be based on the information that you have provided to the Platform. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information that Painalog can give to you and may have consequences for which we are not responsible.
- Painalog does NOT provide diagnosis, treatment or offer prescriptions through the platform.
- If you do not fully understand any information obtained through the Services, please contact a qualified professional to resolve or have the information explained to you.
- Painalog offers Users the ability to analyze their pain patterns and limited symptoms that leads to a list of possible dysfunctional muscles, based on what would be considered possible causes of that pain for groups of similar patients within the population, along with possible causes and suggested steps that may be taken to treat such conditions (‘Remedy Screen).
- You understand that the Services we provide is for information purposes only; it is not medical advice and the Painalog does not act as a substitute for advice from your regular doctor, GP or any other health professional.
- The Painalog does NOT diagnose health conditions or prescribe how you should treat any health condition you may have. This should only be done with the help of a health professional (such as a registered doctor or a nurse).
- You are ultimately responsible for deciding whether or not to contact a health professional and/or seek medical advice about any health concerns that you have shared with you via the Services.
- REMEMBER THAT THE SERVICES DO NOT PROVIDE YOU WITH A MEDICAL DIAGNOSIS. IF YOU ARE WORRIED ABOUT YOUR HEALTH, YOU SHOULD GET ADVICE FROM A HEALTH PROFESSIONAL. IN THE CASE OF AN EMERGENCY, YOU SHOULD CALL EMERGENCY SERVICES IMMEDIATELY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE PLATFORM.
Data and Privacy
- Data Processing: During the use of the app you may be requested to provide information like your email address, age, gender, height and weight in addition to location of your pain and any associated symptoms.
- Purpose of processing data: We use this information to generate customized exercise solutions for you. We also aggregate and analyze this data in an anonymized structure to improve our services
- Data Deletion: To delete data associated with you that maybe stored in our systems please submit your request at this form using the email address you used when creating your account on the app.
Use of Services
- The Site and software is to be used for lawful purposes only. You will not act in any manner that will restrict or inhibit any other party from using this service. Actions that can be construed, in Our opinion, as unlawful, invasive of privacy, vulgar or otherwise obscene, will not be tolerated and will result, at a minimum, with your account being terminated without any refund to the purchaser for the corresponding account. We reserve the right to initiate legal action should the violation warrant it.
- While we do our best to keep the content on the Platform safe, you also understand that We cannot and do not guarantee or warrant that information available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data.
- The Information on the platform, including but not limited to any images, text,, articles, opinions and videos, is provided for information purposes only. It is not designed or intended to constitute medical, physiotherapy or any other type of professional advice, or to be used for diagnosis. Online resources are not a substitute for the personalized judgment and care of a trained professional.
Your right to use the Software is limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the service/software until the end of your extended subscription period. See the Software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the service and software will stop running.
Your use of the Platform and the Services
In addition to the other requirements within these Terms & Conditions, this section describes specific rules that apply to your use of the Platform (the ‘Rules’). When using the Platform, you must not:
- circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
- create more than one account on the Platform (however, you may, as enabled by the functionality of the Platform connect all your social networks or other services accounts, that we support, to your Account on the Platform);
- give any false or misleading information in your Account details;
- permit another person to use the Platform or the Services under your name or on your behalf;
- use the Platform or the Services if we have suspended or banned you from using them;
- send junk, spam or repetitive messages;
- engage in any illegal or unlawful conduct;
- modify, interfere, intercept, disrupt or hack the Platform or the Services;
- misuse the Platform or introduce viruses, Trojans, worms, logic bombs or other material which could harm the Platform or the Services or any other user of the Platform’s own equipment;
- collect any data from the Platform or Services other than in accordance with these Terms & Conditions or the functionality of the Services;
- submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; or
submit or contribute any information or commentary about another person without that person’s permission.
Failure to comply with the Rules constitutes a material breach of these Terms & Conditions, and may result in our taking all or any of the following actions at our sole discretion (with or without notice):
- immediate, temporary or permanent withdrawal of your right to access the Platform and use our Services;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
- disclosure of such information to law enforcement authorities as we believe is necessary.
- The responses described in the above are not limited, and we may take any other action we reasonably deem appropriate.
Other Rights and Limitations.
- You may not copy, modify, make derivative works of, rent, lease, sell, sublicense, distribute or transfer the Software or services, in whole or in part, except as otherwise expressly authorized under this Agreement, and you agree to use all commercially reasonable efforts to prevent its unauthorized use and disclosure. Disabling any licensing control features is prohibited.
- You may not enable or allow others to use the Product using your account information.
- The Software and services contain valuable trade secrets proprietary to Licensor and its suppliers.
- To the extent permitted by applicable law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Software or service, or attempt to do so; provided, however, that to the extent any applicable mandatory laws give you the right to perform any of the aforementioned activities without Licensor’s consent in order to gain certain information about the Software for purposes specified in the respective statutes (e.g., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from Licensor in writing detailing the purpose for which you need the information. Only if and after Licensor, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights.
- No service bureau work is permitted. For purposes of this Agreement “service bureau work” shall be deemed to include, without limitation, use of the Software to process or to generate output data for the benefit of, or for purposes of rendering services to any third party over the Internet or other communications network.
- You may not use the Software or service for performance, benchmark or comparison testing or analysis, or disclose to any third party or release any results thereof (all of which information shall be considered Licensor confidential information) without Licensor’s prior written consent.
- No Distribution. You agree that you will not distribute, resell, transfer or convey all or any portion of the software or service except as expressly permitted herein. Without limiting the generality of the foregoing, you agree that you will not make any portion of the software or service accessible by means of the Internet except as expressly permitted herein.
- As used herein, the term “Derivative Products” shall mean products which include or are derived from any portion of the Product, including without limitation materials which include raster or vector copies of some or all of the cartographic materials or photographs included within the Product, or which include or are derived from any database compilations or editorial content included within the Product. Licensor’s suppliers shall be third party beneficiaries to the terms of this Section and shall have the right to enforce the terms of this Section between you and Licensor’s.
- You agree to comply with all applicable laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Software. Without limiting the foregoing, you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Software in whole or in part (i) without all necessary authorizations required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws.
Limitation of Liability
In no event shall SCHOOL OF THAI MASSAGE be liable for any incidental, consequential of indirect damages arising from the use, inability of use or delay of use of the Services or any information provided on the Platform or downloaded from the Platform. These damages include, but not limited to damages for injury, death, personal harm, loss of profits, business interruption or loss of programs or information. SCHOOL OF THAI MASSAGE will make every reasonable effort to ensure you can access your account or the Site you have subscribed to. We will not be liable for any loss or damage that may occur when Services are not available, such as during maintenance windows or any other reasonable cause. SCHOOL OF THAI MASSAGE will not be liable for any loss or damage that may occur when the Platform portal is not available due to an act of God. SCHOOL OF THAI MASSAGE is not liable for any damages arising out of the misuse of your password or your account credentials. Although SCHOOL OF THAI MASSAGE is committed to protecting any confidential data submitted to the Site, we are not responsible for the confidentiality, security or privacy of any files downloaded to your personal computer. You should not take any steps on the basis of information provided by the Services without first consulting a doctor or other health professional. Subject to the remainder of this clause, our total liability for all losses you suffer arising from or in connection with the use of the Platform or the Services shall be no greater than the amount paid by you for use of the Services at the date of such claim.
You agree to indemnify, defend and hold harmless SCHOOL OF THAI MASSAGE, its officers, directors, employees and any third party information providers to the site from and against all loses, expenses, damages and costs resulting from any violation of these Terms by you or your use and access of the Site. You agree that the provisions in this section will survive any termination of your Account, these Terms & Conditions or your access to the Platform.
Password Confidentiality: The use of the platform require a valid email address and password to access and use services or materials on the site. You are solely responsible for: Maintaining the strict confidentiality of any e-mail address, code or password (collectively, “account credentials”) assigned to you; Not allowing another person to use your account credentials to access the Services; Any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your account credentials, and; Promptly informing us in writing of any need to deactivate your account due to potential or actual security breaches. We are not liable for any harm related to the theft of account credentials, your disclosure of your account credentials, or your authorization to allow another person or entity to access.
- The Platform allows for the collection of personal information about clients. The purpose for the collection and storage of this information is as an aid to Platform’s users.
- The information is intended to only be accessed by the person who originally entered it or to those whom the person who originally entered it has given permission in any form, verbal, written, electronic or otherwise.
- SCHOOL OF THAI MASSAGE is not responsible for the accuracy of the information stored on its servers and as such is not liable for any errors made in entering information into its systems or any modification made by the person who originally entered the information or any persons to whom access permission has been granted either intentionally or unintentionally.
- SCHOOL OF THAI MASSAGE reserves the right to use and share with third parties the information provided by you in an an anonymized and agglomerated form to improve the functioning of the Platform.
Legal – Copyrights, Trademarks, Disclaimers
While SCHOOL OF THAI MASSAGE can make the information on its servers available to anyone, we retain copyright on all text, images, audio, video clips, algorithms and any other digital information contained on the Platform.
This means that except where otherwise stated in a notice appearing on a particular web page or where otherwise expressly authorized by SCHOOL OF THAI MASSAGE, you may not publish or distribute the information to others, “mirror” or display the information on your own server.
You may print copies for use by representatives of your company within your business; store the information files on your own computer for your business use, or reference this server by links stored in your own documents or web pages.
You agree to indemnify and hold harmless SCHOOL OF THAI MASSAGE, its officers, directors, employees and any third party information providers from any and all legal action that results from violation of these terms now and in the future.
The information provided on the Site is provided as a convenience to you. We do not warrant the accuracy or completeness of the information contained in the Platform or any linked web pages. SCHOOL OF THAI MASSAGE is not responsible for the content of linked Web sites.
Third Party Services
Where our Platform or Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the content of such third-party sites or resources and assume no responsibility for the content of linked or framed information or websites. We will not be liable for any loss or damage that may arise from your use of such sites or resources.
You acknowledge and agree that the availability of the App and the Service is dependent on the third party from whom you downloaded the App, (e.g. the Apple App Store or Google Play (each an ‘App Store’). You acknowledge that these Terms & Conditions are between you and SCHOOL OF THAI MASSAGE and not with the App Store or Play Store.
- You can end your use of the Services and cancel your contract with us at any time, including in the event that you’re not happy with any changes we propose making to the Platform, Services or these Terms & Conditions, by uninstalling the app.
- We may immediately deactivate your Account and end your use of the Services with or without notice and for any or no reason, including if you break the Rules, any other important rule(s), or conditions we set for accessing and using the Platform or the Services, including these Terms & Conditions.
- In some cases deletion may not be possible as authentication service providers might obscure your personal details and thereby make it impossible for us to locate your records.
- On termination you will also lose any rights you have to use the Services or access our Platform.
You agree that we may communicate with you through electronic communications and that all electronic communications will satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- All notices given by you to SCHOOL OF THAI MASSAGE must be given in writing by email to the address set out below. We may give notice to you by email to the address you provide to us when registering on the Platform.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- If any provision of these Terms & Conditions is found to be unenforceable, all other provisions shall remain unaffected.
- No one other than a party to the Contract shall have any right to enforce any of its terms.
- We are based in the United States and United States law will apply to all disputes and the interpretation of these Terms & Conditions.
If you want to contact us in relation to these Terms & Conditions or any other document mentioned in them, please email us at [email protected].