Terms of Use

Effective Date: October 9, 2026

Welcome to Palmos Labs. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Palmos Labs, Inc. ("Palmos Labs," "we," "us," or "our"), governing your access to and use of the Palmos mobile application, web application, website (palmoslabs.com), paired wearable device integrations, and all related services (collectively, the "Services"). By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

IMPORTANT NOTICE — NOT MEDICAL ADVICE

THE SERVICES ARE WELLNESS AND INFORMATIONAL TOOLS DESIGNED TO SUPPORT CANCER TREATMENT MONITORING. THEY ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.

1. Definitions

1.1 "Account" means the personal account you create to access and use the Services.

1.2 "Content" means any information, data, or materials submitted by you through the Services, excluding Health Information.

1.3 "Health Information" means any health, biometric, or medical data collected through or submitted to the Services, including data from wearable device sensors, electronic medical records (EMR), electronic health records (EHR), patient-reported information (such as daily check-ins, symptoms, and side effects), and inferences or insights generated by the Services from such data.

1.4 "Privacy Policy" means the Palmos Labs Privacy Policy, which describes how we collect, use, store, and share your information, and which is incorporated into these Terms by reference.

1.5 "Wearable Device" means any compatible third-party wearable device or platform, including Samsung Health, Polar, and Masimo compatible devices, that may be paired with the Services.

2. Eligibility and Account Registration

2.1 U.S. Residency. The Services are available only to residents of the United States. By accessing or using the Services, you represent and warrant that you are a resident of the United States.

2.2 Age Requirement. You must be at least 13 years of age to use the Services. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf before you may use the Services. For minors under the age of sixteen (16), we apply additional protections as required by applicable laws, as described in our Privacy Policy.

2.3 Accurate Information. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date at all times.

2.4 Credential Confidentiality. You are responsible for safeguarding your account credentials, including your password and any authentication tokens. You agree not to share your credentials with any third party.

2.5 Unauthorized Use. You agree to notify Palmos Labs immediately of any unauthorized use of your Account or any other breach of security by contacting us at privacy@palmoslabs.com.

3. Privacy and Consent Documents

3.1 In addition to these Terms and our Privacy Policy, certain activities within the Services require separate consents or authorizations. The following consent and authorization documents govern specific data practices:

  • In-App Health Data Consent Screen. An opt-in consent presented at the time of wearable device pairing, authorizing the collection of health and biometric data from your Wearable Device.
  • In-App Sharing Consent Screen. An opt-in consent authorizing the sharing of your Health Information with your designated healthcare provider through the Services.
  • Patient Directive and Authorization for Disclosure of Health Information. A document signed under HIPAA and the 21st Century Cures Act directing your healthcare provider to disclose your medical records to Palmos Labs.
  • Patient Authorization for Use and Disclosure of Health Information for Research and Product Development. A document signed permitting the use of your identifiable health information for Palmos Labs' internal research and product development purposes.

3.2 To the extent any conflict exists between these Terms and the specific terms of any consent or authorization listed above, the consent or authorization shall control with respect to the data practices it covers.

4. License to Use Services

4.1 Subject to your compliance with these Terms, Palmos Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the Services solely for your own personal, non-commercial wellness monitoring purposes.

5. Acceptable Use

5.1 You agree not to do any of the following prohibited activities:

  • Use the Services in violation of any applicable law or regulation.
  • Gain or attempt to gain unauthorized access to any systems, networks, or data.
  • Probe, scan, or test the vulnerability of the Services or circumvent any security or authentication measures.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
  • Use automated means, including bots, scrapers, or crawlers, to access or collect data from the Services.
  • Upload or transmit malicious code, viruses, or any harmful components.
  • Impersonate any person or entity, or submit another person's Health Information without proper authorization.
  • Use the Services for any competitive purpose or to develop a competing product or service.
  • Use data obtained from the Services to train machine learning or artificial intelligence models without prior written consent from Palmos Labs.
  • Interfere with or overburden the Services or any connected infrastructure.

6. Wearable Devices and Third-Party Services

6.1 The Services interoperate with third-party wearable platforms, including Samsung Health, Polar, and Masimo. These platforms are not owned or controlled by Palmos Labs.

6.2 Palmos Labs is not responsible for the accuracy, availability, performance, or data practices of any third-party devices or platforms.

6.3 You are responsible for the proper use of your Wearable Device in accordance with the manufacturer's instructions.

6.4 Data collected from consumer wearable devices is not medical-grade unless the specific device has received clearance or approval from the U.S. Food and Drug Administration (FDA) for the relevant use.

6.5 Your use of third-party platforms is subject to the terms of service and privacy policies of those third parties. Palmos Labs encourages you to review those terms before enabling any integration. The Services also use the Google Places API for address autofill and pharmacy locator features, which is subject to Google's terms of service and privacy policy.

7. Health Information and Medical Disclaimer

7.1 The Services are intended to provide wellness and informational insights to support cancer treatment monitoring. The Services do not provide medical advice, diagnosis, or treatment and are not a substitute for professional medical advice, diagnosis, or treatment. The Services are not an emergency service, and your data is not monitored in real time.

7.2 The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease.

7.3 If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately.

7.4 Consumer wearable devices may have accuracy limitations and may be inaccurate. Data obtained from such devices should not be used as the sole basis for medical decisions without consulting a qualified healthcare provider.

8. Intellectual Property

8.1 The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Palmos Labs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 You retain ownership of your Content.

8.3 By submitting Content through the Services, you grant Palmos Labs a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and use such Content solely to operate, provide, and improve the Services.

8.4 Health Information is governed by the Privacy Policy and any applicable consents or authorizations, and is not subject to the content license granted in this Section.

8.5 All rights not expressly granted in these Terms are reserved by Palmos Labs and its licensors.

9. Feedback

9.1 If you provide Palmos Labs with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you hereby grant Palmos Labs a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, and commercialize such Feedback for any purpose without any obligation or compensation to you.

9.2 Feedback does not include Health Information.

9.3 The submission of Feedback is voluntary. No Feedback shall be considered confidential or proprietary information of the submitting party.

10. Fees and Paid Features

10.1 The Services are currently provided free of charge to patients.

10.2 Palmos Labs may introduce paid features or premium tiers in the future.

10.3 Pricing, billing terms, refund policies, and cancellation procedures will be presented to you at the point of purchase prior to any charge.

10.4 All fees will be denominated in United States dollars and are non-refundable except as required by applicable law.

11. Suspension and Termination

11.1 You may terminate your account at any time by using the in-app account deletion feature or by emailing privacy@palmoslabs.com. Upon termination or deletion of your account, your information will be retained and deleted in accordance with the data retention periods described in the Privacy Policy.

11.2 Palmos Labs may suspend or terminate your access to the Services, with or without notice, if:

  • You violate these Terms.
  • Continued access poses a safety or security risk to the Services, other users, or Palmos Labs.
  • Suspension or termination is required by applicable law or regulation.

11.3 Upon termination, your right to use the Services ends, and Sections 1, 7 through 9, and 12 through 19 shall survive and remain in full force and effect.

11.4 Account deletion does not automatically revoke any separately executed HIPAA authorizations. To revoke a previously executed authorization, you must follow the procedures described in the applicable authorization document.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PALMOS LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PALMOS LABS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INSIGHTS, MEASUREMENTS, OR DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALMOS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF PALMOS LABS FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO PALMOS LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

Nothing in this Section shall limit Palmos Labs' liability for gross negligence, willful misconduct, or violations of applicable data protection laws where limitation of liability is prohibited by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Palmos Labs and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Services in violation of these Terms.
  • Your Content.
  • Your violation of any third-party right, including any intellectual property or privacy right.
  • Your violation of any applicable law or regulation.

Palmos Labs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defense.

15. Dispute Resolution

15.1 Informal Resolution. Before filing any legal claim, you must contact Palmos Labs at privacy@palmoslabs.com with a written description of the dispute. The parties agree to attempt good-faith resolution of the dispute for a period of sixty (60) days before initiating any formal proceeding.

15.2 Binding Arbitration. Any claims not resolved through informal resolution shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. Arbitration shall take place in San Francisco, California, with telephonic or video participation permitted. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

15.3 Class Action and Jury Trial Waiver.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

15.4 Opt-Out. You may opt out of the arbitration provision by sending written notice to privacy@palmoslabs.com within thirty (30) days of first accepting these Terms.

15.5 Exceptions.

  • Either party may bring qualifying claims in small claims court.
  • Either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Services.

16. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California and applicable federal law, without regard to conflict-of-laws principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.

17. Modifications

Palmos Labs reserves the right to modify the Services or these Terms at any time. Material changes will be communicated with at least thirty (30) days' prior notice via email to the address associated with your account or through an in-app notification. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you disagree with any modification, you must stop using the Services and terminate your account. Notwithstanding the foregoing, we will not use or disclose your Health Information in a materially different way than described when we collected it without first obtaining your affirmative consent.

18. Notices

Palmos Labs may provide notices to you via email to the address associated with your account, in-app notification, or by posting on the website. You may provide notices to Palmos Labs at privacy@palmoslabs.com or by mail to:

Palmos Labs, Inc., Attn: Legal, 19 Cumberland Street #3, San Francisco, CA 94110

19. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy (where applicable), and any executed consents or authorizations, constitute the entire agreement between you and Palmos Labs with respect to the Services and supersede all prior or contemporaneous understandings.
  • Severability. If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
  • No Waiver. The failure of Palmos Labs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Palmos Labs. Palmos Labs may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent.
  • No Agency. Nothing in these Terms shall be construed to create any agency, partnership, joint venture, or employment relationship between you and Palmos Labs.
  • Force Majeure. Palmos Labs shall not be liable for any failure or delay in performing its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, third-party platform failures, or internet disruptions.
  • Export Compliance. You agree to comply with all applicable United States export control and sanctions laws and regulations in connection with your use of the Services.
  • Electronic Communications. By using the Services, you consent to receiving electronic communications from Palmos Labs. These electronic communications satisfy any legal requirement that such communications be in writing.

20. Contact Information

If you have questions about these Terms, please contact us:

  • Email: privacy@palmoslabs.com
  • Mail: Palmos Labs, Attn: Legal, 19 Cumberland Street #3, San Francisco, CA 94110