TERMS AND CONDITION OF USE
1 ABOUT THE SERVICE
1.1
To get access to the Service you must accept and agree to the entire Agreement and create a user account by registering certain personal data (including but not limited to name, email address, phone number etc.) and choose a personal password ( "User Account").
1.2
You will get access to the Service by:
  • downloading the Application to a smart phone, tablet ( "Mobile Device") (or by access through the Website);
  • registering a User Account and agreeing to the Agreement including the Privacy Policy for the Service (as defined below) and our cookie policy; and
  • logging on to your user account via the Application or the Website.
1.3
By registering a User Account you acknowledge and agree to the terms of the Agreement and you are also giving your consent for PalmAgent (and when applicable PalmAgent's co-operation partners) to process your personal data in accordance with PalmAgent's privacy policy, https://PalmAgent.com/privacy (the "Privacy Policy").
1.4
By logging on to the Application (or if applicable on the Website) on your User Account you can access the Content included in the Subscription you have chosen.
1.5
You are responsible for submitting complete, true and correct information and for making sure such information is kept up to date. PalmAgent does not have any obligation to make any inquiries to assess the accuracy of the information provided. Username and password shall be stored securely. You are responsible for all use of the Service that occurs under your username and password. If your username or password is lost or stolen or if you have any reason to believe that there has been an unauthorized access to your User Account, please notify PalmAgent immediately and change your password as soon as possible.
2 PRICE AND PAYMENT FOR SUBSCRIPTION
2.1
PalmAgent offers ongoing Subscriptions against payment in advance of a fixed fee each month or year based on the subscription you choose.
2.2
You are required to register current and valid payment information in accordance with any of the payment methods which are offered from time to time and which correspond to the country chosen by you when creating your User Account. This means that when a credit or debit card is needed, you need a credit or debit card issued in the same country that you are resident in or provide other information required for the payment method in question.
2.3
The price for each Subscription include value added tax (VAT) (where applicable). By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country.
2.4
When you are creating your Subscription you will provide payment information in accordance with the instructions on the Website or the Application. Payment shall be made through the payment methods offered by PalmAgent from time to time for the Subscription in question.
2.5
PalmAgent is provided free of charge, however, please note that you are always responsible for all internet fees and fees for mobile data that may apply when using the Service.
2.6
The liability to pay arises after the end of the PalmAgent Free time period, provided PalmAgent has not received a message that you wish to terminate your Subscription before. The Fee is thereafter charged monthly in advance, on the same calendar day of you subscribing to the Service (the "Subscription Period") up until you end the Subscription in accordance with section 6 below. In the event the Fee cannot be charged on the same calendar day a certain month, e.g. if such day should not occur on a business day (expect for public holidays) the Fee will be charged on the next business day.
2.7
In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. If you are paying by debit or credit card you are obligated to ensure that the balance, before each new Subscription Period, covers the Fee. If your account cannot be charged, PalmAgent will send you a message thereof and try to charge your account again. As regarding payment with a debit or credit card, new attempts can be made each day during a period of up to ten (10) days. You will automatically cease to have access to the Content if the Fee has not been paid after the last such attempt.
2.8
IMPORTANT NOTICE: Apple Inc WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AT THE END OF EACH SUBSCRIPTION PERIOD (THE "RENEWAL DATE") AND, AS AUTHORIZED BY YOU DURING THE SIGN-UP PROCESS, Apple Inc WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR FEE (UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS TYPICALLY FOR ONE (1) MONTH. IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, Apple Inc WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL PERIOD AND EACH SUBSEQUENT MONTHLY SUBSCRIPTION FEE FOR EACH RENEWAL DATE THEREAFTER UNTIL YOU CANCEL.
3 NO RIGHT OF WITHDRAWAL
By creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service via your User Account, which means that you do not have any right of withdrawal from the Agreement because the Service is delivered immediately to you. You agree and approve that you do not have any right of withdrawal except as provided for in accordance with section below.
4 TERMINATION AND SUSPENSION FROM THE SERVICE
4.1
You have the right, at any time, to terminate your Subscription via the "Manage Subscription" section on itunes. If you cancel your subscription, you will have access to the Service until the end of the Subscription Period that you have paid for. After the end of the current Subscription Period you will no longer have access to the Service and will no longer be able to access the Content. PalmAgent does not refund any Fee for the remaining Subscription Period.
4.2
PalmAgent recommends that you terminate your Subscription via "My Account" on the Website. A termination via "My Account" can be made at any time during the current Subscription Period, in order not be charged and not prolonging your Subscription for another Subscription Period. Termination can also be made via PalmAgent's support or email. PalmAgent requires a reasonable amount of time to process your request and it may take up to two (2) business days before your termination is registered. See section 7 below for information regarding PalmAgent's support. For current support hours, see https://us.PalmAgent.com/support.
4.3
PalmAgent has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
4.4
Your access to the Service may also be temporary suspended if the Fee cannot be charged for a reason beyond PalmAgent's control. When the Fee has been paid, your access to the Content in your Subscription will be reinstated.
4.5
If you have a Partner Agreement, you must terminate the Subscription in accordance with the terms and conditions that apply between you and the co-operation partner. You cannot contact PalmAgent directly to terminate the Subscription.
4.6
PalmAgent has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
5 SUPPORT
If you have any questions or problems with the Service, please contact PalmAgent's support service. Information regarding the different ways to contact the support is available onhttps://PalmAgent.com. Any complaints are handled by the support team. The contact information is set out in section 8 below.
6 NO WARRANTY
PalmAgent endeavors to provide the best service possible, however, you agree that THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY LAW, PalmAgent DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, TABLET, SMART PHONE OR MOBILE DEVICE. NEITHER WE, OUR LICENSORS NOR THE SUPPLIERS CAN GUARANTEE, EXPRESSLY OR BY IMPLICATION, THAT THE SERVICE OR ITS CONTENTS (INCLUDING NEWSPAPERS, MAGAZINES AND BOOKS) WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR BE FAST, SECURE OR ERROR-FREE.
You are solely responsible for your internet connection. PalmAgent is not at any time responsible for you not being able to download or otherwise access the Service or the Content. Content which is downloaded or otherwise obtained through the use of Service is available at your own risk and we are not responsible for any damage to your computer, smart phone, tablet or other device, or loss of data that occurs as a result of downloading or use of such material.
7 LIMITATION OF LIABILITY
7.1
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS PalmAgent'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY MANDATORY LAW.
7.2
TO THE EXTENT PERMITTED BY LAW, PalmAgent EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
7.3
TO THE EXTENT PERMITTED BY LAW PalmAgent IS NOT LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
  • USE OF, OR INABILITY TO USE, PalmAgent'S SERVICES; OR
  • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE.
7.4
PalmAgent WILL NOT BE LIABLE FOR:
  • INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
  • LOSS OF PROFITS;
  • BUSINESS INTERRUPTION;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTA-TION; OR
  • LOSS DUE TO DOWNTIME, LOSS OF DATA AND SIMILAR LOSSES.
8 CONTACT INFORMATION
PalmAgent Inc.99 Trophy Club dr. Trophy Club, TX 76262