Terms and Conditions
Last Modified: September 11, 2023
Welcome to Pangel! These Terms and Conditions and our Privacy Policy (collectively referred to as the “Agreement”) govern your access and use of the website located at www.pangel.com (hereinafter the “Website”), Pangel mobile application available for download from the Play Store and App Store (hereinafter the “Mobile App”), all resources, software features, functionality, and support services provided by Pangel to you. The Pangel Website, Mobile App, resources, software features, functionality, and support services are hereinafter collectively referred to as the “Pangel Services.”
Pangel, Inc. (“Pangel,” “Company,” “we,” “us,” or “our”) is the owner and provider of Pangel Services. Any reference in the Agreement to “you,” “your,” or “user” refers to you, a user who subscribes to the Pangel Services.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHT. PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO USE THE PANGEL SERVICES.
Table of Contents
1. Acceptance of Terms and Conditions
3. Definitions and Interpretation
4. Account Registration, Privacy and Security
6. Subscription Payments, Cancelations and Refund Policy
7. Subscriber Representations and Responsibilities
11. iOS and Android Disclaimer
14. Binding Arbitration and Class Action Waiver
17. California Civil Code Section 1542
1. Acceptance of Terms and Conditions
You acknowledge and agree that these Terms and Conditions constitute a legally binding agreement between Pangel and you. By using the Pangel Services, you agree to be bound by all the provisions outlined in this Agreement. Please review these Terms and Conditions before using the Pangel Services. If you do not agree with any provision set forth herein, you should immediately cease using the Pangel Services.
2. Eligibility
By accessing or using the Pangel Service, you represent and warrant that:
You are (i) at least 18 years of age, (ii) capable of entering into a legally binding agreement, (iii) resident in the United States; and
You currently own at least one domesticated pet, such as a dog or a cat, and
You do not have any history of convictions related to animal cruelty, neglect, or abuse.
You confirm that you meet all the eligibility requirements above and agree to be bound by these conditions.
3. Definitions and Interpretation
The following words, wherever used in bold in these Terms and Conditions, shall have the meaning as defined hereunder:
Account
refers to a user account that enables users to log into the application and use the Pangel Services.
Application
refers collectively to the Website and the Mobile App.
Guardian
refers to an individual nominated by the subscriber as a responsible party to be contacted to care for their pet in an emergency and who accepts such nomination.
Login Credentials
means the account access credentials that enable users to sign in and access the application features and functionality.
OTP
refers to a One-Time Password sent to the guardians by short text message on the phone for verification purposes.
Subscriber
refers to a pet owner who subscribes to one of the subscription plans offered by the Company.
Subscription Fee
means the fee the subscriber pays the Company for the selected subscription plan.
Subscription Term
means the initial term of a subscription plan and each subsequent renewal term (as applicable).
User Content
refers to any content submitted by a user on the Website or the Mobile App as defined in Section 5.1 of these Terms and Conditions.
The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms and Conditions shall refer to the gender and number as the context requires.
Any words or expressions used in these Terms and Conditions not defined in Section 3 shall have the respective meanings given to them in these Terms and Conditions.
If this Agreement is translated into other languages, the English version shall prevail.
4. Account Registration, Privacy and Security
1. You are required to sign up for an account to make use of Pangel Services. You can sign up for an account by visiting our Website or downloading our Mobile App from Google Play or Apple App Store. All our current subscription plans can be viewed on our Website and Mobile App. You must select one of the available plans at the time of your account registration. During account registration, we will request you provide us with your personal information, such as your name, mobile phone number, and email address. You agree to provide us with accurate and complete information when requested and keep your information current.
2. One-Time Password (OTP)
You acknowledge and agree that we will use the mobile phone number that you provide us with to send you an OTP text message. You cannot verify your account without this OTP, so please ensure that you have provided us with the correct and complete phone number. If your phone service provider charges you to receive text messages, such charges will be your responsibility, and the Company will not be held liable for paying such charges.
3. Account Approval
The Company issues all accounts at its sole discretion. We are not under any legal or moral obligation to provide an account to any user. We reserve the right to refuse any account registration without providing reasons for our decision.
4. Your Privacy
We only collect personal information necessary to provide the Pangel Services to you, and we process it in accordance with our Privacy Policy. By providing us with your personal information when requested by the Company, you represent and warrant that all such information is accurate, complete, and current. In the event of any change in your personal information, you accept full responsibility for updating your personal information by accessing your account. The Company reserves the right to terminate your account or restrict your access to the Pangel Service if we suspect that you have provided us with false information or violated any terms of this Agreement. Please carefully review our Privacy Policy before creating your account, and do not submit any personal information if you do not agree with our practices.
5. Security
You are solely responsible for maintaining the confidentiality of your account login credentials to prevent any unauthorized access to your account. Unless expressly authorized by us in writing, you are strictly prohibited from sharing your account with any third person. You assume full responsibility for all usage and activities that occur under your account regardless of whether you authorized such use or not. You agree to immediately report any unauthorized access to your account or other suspicious activity to hello@pangel.com. You hereby release the Company and its employees from all liability arising out of or associated with the use of your account login credentials with or without your authorization. We reserve the right to suspend or terminate your account at any time in accordance with the provisions of this Agreement.
6. Data Charges
Please note that the use of Pangel Service requires access to the internet, and the Company will not be responsible for any data connectivity charges incurred by you during this Agreement. All such charges are solely your responsibility.
5. Pangel Service
Pangel is a unique service that enables pet owners to nominate pet guardians to be informed in emergencies.
User Content
Once the Company verifies your account, you can sign in to the Pangel Website or Mobile App (as applicable) to set up your profile by providing all the relevant information, including but not limited to adding your home(s) to your account, creating your home schedule(s), adding your pet(s) details, and nominating the guardians (hereinafter collectively referred to as your "user content").
2. Adding Your User Content
Residence and Schedules
The application enables you to add multiple residences and schedules to suit your requirements.
You must manually add your schedule and activate the application when you expect to be away from your pet(s) at home. Please note that if you are running late, you must extend the return time, and upon return deactivate the application to avoid sending false notifications to your nominated guardians.
You understand that the application does not collect any location data and we will not automatically switch your schedule based on your current location. It is solely your responsibility to switch your residences and schedule by accessing your account settings when required.
3. Pet(s)
There is no limit on the number of pets you may add to your account. You must provide all requested pet information, including but not limited to the pet’s name, species, breed, age, and medical conditions. You must also provide your pet’s veterinarian’s contact information.
4. Guardians
You are required to nominate at least two guardians for each pet you add to your account. You may add the same guardians for all your pets or nominate different guardians. Please note that you will be required to provide us with each guardian’s full name, email address, and mobile phone number. The Company will send an OTP to the guardian for verification purposes, and you will be required to enter this OTP into your account before the guardian is confirmed.
You hereby represent and warrant that, prior to the submission of any personal information about a guardian ("Guardian Data") to the Company and other guardians, you have obtained the express and informed consent of such guardian for the collection, processing, use, and disclosure of the Guardian Data by the Company and other guardians. You acknowledge and agree that you are solely responsible for any consequences arising from your failure to obtain such consent, including, but not limited to, any violation of privacy rights or applicable data protection laws. You shall indemnify and hold harmless the Company from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your failure to obtain the required guardian consent.
5. Ownership of User Content
We do not claim any ownership of your user content. You retain ownership of any intellectual property rights that you hold in your user content.
6. Representation and Warranties
By adding your user content to your account, you represent and warrant that:
You have all rights, licenses, consents, and authority required by the applicable law to add your user content and to grant the license, in your user content, to the Company;
All your user content, including any personal information contained therein, has been obtained in compliance with applicable privacy laws and regulations. Furthermore, you represent and warrant that our processing of such personal information does not violate any applicable privacy, publicity, or any other legal rights of any third party. In the event of any violation of applicable law or regulation resulting from your use of a third party’s personal information, you agree to indemnify the Company and hold us harmless from all such third-party claims.
Your user content does not violate any other applicable laws, regulations, or provisions of this Agreement.
7. License Grant
Subject to all applicable provisions of this Agreement:
By adding your user content to your account, you grant the Company and those we work with a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, sublicensable, transferable license to use, store, and host your user content to deliver the Pangel Service, and the right to use it to monitor, analyze and improve the Pangel Services and its underlying technology;
You also grant the Company the right to use your user content for the purposes of delivering the Pangel Services, to identify you as a user of the Pangel Service, and to assert our rights under this Agreement.
8. Compliance with the laws
It is solely your responsibility to familiarise yourself with applicable laws and regulations and to comply with such laws before submitting any third party’s personal information on the application.
Disclaimer
The Company will not be responsible for errors, omissions, or inaccuracies in your user content. We expressly disclaim all liability for any deletion, loss, or modification of your user content. Your decision to add your user content to your account is entirely at your own risk. You hereby release the Company from all liability arising out of or associated with your user content.
Consent to receive communication
By subscribing to the Pangel Service, you hereby expressly consent and agree to receive communications, including but not limited to automated push notifications, emails, phone calls, as well as other forms of communication (collectively, "Communications") from us at the email address and phone number associated with your account. Please note that standard text message charges imposed by your network provider may apply to any short text messages we send to your mobile phone. By consenting to receive Communications from us, you represent and warrant that you are authorized to approve the receipt of text messages and phone calls at the mobile phone number you provide us with and to approve any related charges.
You acknowledge and agree that the receipt of Communications may be subject to network availability, device settings, and other factors beyond the control of the Company. The Company shall not be liable for any failure, delay, or error in the delivery of any Communications.
Your consent under this provision applies to all Communications from us, including but not limited to marketing and promotional Communications. If you wish to opt out of receiving marketing and promotional Communications from us, you can do so by following the unsubscribe/opt out instructions in such Communications. Please note that if you receive any marketing calls from us, you can opt out of receiving future marketing calls by making a do-not-call request.
You may be able to control the receipt of push notifications through your device settings. However, some push notifications may be necessary for the operation of the Pangel Service and, therefore, cannot be disabled. You acknowledge and agree that your consent to receive such Communications is a material part of this Agreement, and the Company will not be able to provide the Pangel Services to you without your consent.
Not a Pet Sitting Service
You acknowledge and agree that the application is not intended to, and will not be used as, a pet sitting service. The application is not designed to facilitate, and should not be relied upon for, the care, supervision, or monitoring of pets when you are scheduled to be away from home.
You are expressly prohibited from utilizing the application as a substitute or replacement for professional pet-sitting services. Any such misuse of the application is strictly forbidden and may result in immediate termination of your account.
You further acknowledge that any reliance on the application as a substitute for a pet-sitting service is at your own risk, and the Company shall not be liable for any damages or losses, whether directly or indirectly, arising from such misuse of the application.
Personal Safety Disclaimer
You expressly acknowledge and agree that the Pangel Service is not designed or intended to be used as a personal safety service. The Pangel application does not possess the capability to trigger any requests to emergency services if you do not return home at the scheduled time or send any alerts to your guardians in the event of any threat to or breach of your personal safety. You expressly agree not to use or rely upon the Pangel application if you are concerned about your personal safety. You hereby agree that any use of the Pangel application for purposes that it is not designed for will be at your own risk, and the Company shall bear no liability whatsoever for any consequences, damages, or losses arising from such use. You are advised to use appropriate and reliable means to ensure your personal safety.
Please note that Pangel is not a pet-sitting service, and any use of the Pangel Service as a substitute for a petsitter will result in the termination of your account.
UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE COMPANY’S RESPONSIBILITY IS LIMITED TO PROVIDING THE PANGEL SERVICES IN ACCORDANCE WITH THE PROVISIONS OUTLINED IN THIS AGREEMENT.
Subscription Payments, Cancelations and Refund Policy
All subscription payments, cancelations, and refunds are governed by the provisions outlined hereunder:
Changes in Subscription Fees
Our current subscription plans and fees are listed on the Website and the Mobile App and quoted in USD (excluding applicable taxes). Subscribers are billed in accordance with the provisions of Section 6.2 below. We reserve the right to change our subscription fees from time to time at our sole discretion. If there are any changes in our subscription fees, we will notify you by posting a notice on the Website and the Mobile App and/or by emailing you our new pricing. Any changes in our subscription fees will not impact your current subscription term, and the new subscription fees will only become effective from the date your subscription is due for renewal. We will give you at least 30 calendar days’ notice before the due date of your subscription renewal, informing you of the new subscription fees. If you do not agree with the changes to our subscription fees, your sole remedy is to cancel your subscription.
6. Subscription Fee Payments and Auto-Renewals
If you subscribe to the Pangel Service through the Website, your payments will be processed by a secure third-party payment processor, Stripe, Inc., and all cancelations and refunds will be governed by the provisions of Section 6.3 below.
If you subscribe to the Pangel Service through Google Play or Apple App Store, your subscriptions will be processed by Google Play Store or Apple App Store as applicable, and all payments will be governed by the billing, cancelation, and refund rules of the applicable third party application store as provided hereunder.
Apple App Store
If you subscribe to the Pangel Service through the Apple App Store, for more information on canceling your subscriptions, please visit https://support.apple.com/en-us/HT202039.
2. Google Play Store Users
If you subscribe to the Pangel Service from the Google Play Store, for more information on canceling your subscription, please visit https://support.google.com/googleplay/answer/2476088.
The total amount payable by you for your subscription plan, including applicable taxes, will be displayed to you before you authorize the payment.
You understand and agree that you will be billed according to your selected subscription plan (plus applicable taxes) when you first subscribe to the Pangel Service, and your subscription will automatically renew for a new term equal in length to the expiring subscription term until such time that you cancel your subscription (‘automatic renewal’). By subscribing to the Pangel Service, you agree to the automatic renewal of your subscription until it is canceled, and you authorize recurring payments for such automatic renewals.
You can pay your subscription fee using any major credit or debit card. By providing your payment method when subscribing to the Pangel Service, you represent that the payment information provided by you is correct, current, and complete and that you have the right to use the payment method to pay your subscription fee. You are expressly prohibited from paying or attempting to pay through any unlawful means. You hereby authorize the Company and/or our third-party payment processor to charge your payment method in accordance with the provisions of this Agreement. If your payment is unsuccessful for any reason, including but not limited to your payment card issuer declining authorization, the Company will not be under any obligation to provide you with access to the Pangel Service.
Cancelations and Refund Policy
You must cancel your subscription at least 24 hours before it is due for automatic renewal (“Cancelation Period”) by accessing your account settings to avoid being billed for the new subscription term. If you fail to cancel your subscription within the cancelation period, you will be automatically billed for the new subscription term. All cancelations will be effective from the end of your current subscription term.
Unless required by law, we do not offer full or partial refunds for any unused portion of the subscription term. You understand and accept that any non-use of the Pangel Service during your subscription term will not be deemed a valid ground for a refund. If you are eligible for a refund, we will process your refund within ten days from the date of refund approval. All refunds are issued in USD. You understand and accept that it may take up to 15 days from the date we processed your refund for the payment to appear in your account.
Free Trials and Promotional Offers
The Company may, at its sole discretion, offer any available subscription plans to you on a free trial basis. Free trials are offered once per user for a fixed period only. To continue using the Pangel Service after the end of your free trial, you will be required to pay the subscription fee as listed on the App. Please note that if you provided your payment details when signing up for a free trial, your payment method will be automatically billed for the subscription plan you were benefiting from as part of the free trial at the end of the free trial period, and it will automatically renew until canceled. If you do not wish to be billed for the subscription after the end of the free trial period, you must cancel the subscription before the end of the free trial period.
You understand and accept that your use of the Pangel Service during a free trial is subject to the provisions of this Agreement, and by joining a free trial, you agree to abide by all applicable provisions of this Agreement.
The Company may also offer special promotions with a different subscription fee than our standard offer. If you subscribe to such promotions during the term of your free trial period, your free trial will immediately terminate upon your acceptance of the promotional offer, and you will be billed for the promotional offer in accordance with the provisions of Section 6.2 above. Please note that if you are currently making use of the Pangel Service under a special promotion, you will not qualify for another promotional offer until your current promotional offer term has elapsed. For the avoidance of any doubt, you will not be eligible to benefit from the same promotional offer more than once.
7. Subscriber Representations and Responsibilities
A. As a subscriber, you represent and warrant to the Company that:
The pet(s) you add to your account are your own;
All information provided by you under your account is accurate and current;
You have provided all material information about your pets, including any pre-existing medical conditions that may be relevant in the event of emergencies;
Each guardian you nominate is at least 18 years of age or older.
B. As a subscriber, you agree that it is solely your responsibility to:
Ensure the accuracy of all information provided by you under your account and to keep this information up-to-date;
Ensure that the guardians are aware of their roles and responsibilities and have agreed to be guardians before being nominated on the application;
Ensure that guardians are reachable and responsive to notifications sent by Pangel;
Ensure that guardians are familiar with the pet’s needs, medical history, and your care instructions;
Ensure the safety and well-being of your pet(s) at all times.
Comply with all laws applicable to you as the pet owner, including ensuring your pet is licensed as required by applicable law.
8. Intellectual Property
The Company retains all intellectual property rights in the Pangel Service, including but not limited to any text, graphics, audio-visual content, algorithms, processes, tools, documentation, software, and the like, as updated from time to time (“Company Content”).
All Company Content is subject to trademark, copyright, and other applicable intellectual property laws of the United States of America.
Subject to your ongoing compliance with this Agreement and any license and usage restrictions applicable to your selected subscription plan, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Company Content for your personal use only. Nothing in this Agreement shall be construed as a sale of any Company Content to you. You will not acquire any right, title, or interest in or to the Company Content, and the Company reserves all rights that are not expressly granted herein.
You shall not copy, modify, reverse engineer, create derivative work of, disassemble or decompile, any Company Content. You agree that you will not remove or otherwise tamper with any proprietary rights notices affixed on any Company Content.
You acknowledge and agree that any use or exploitation of the Company Content in violation of this provision may cause us or our licensors irreparable injury. The Company and its licensors may seek remedy for breach of this provision either in equity or through injunctive or other equitable relief.
Pangel, its logos, and its marks are the Company’s trademarks, whether registered or unregistered. Any use of the Company's trademarks for any product/service that is not owned or operated by the Company is expressly prohibited.
9. Prohibited Activities
You expressly agree that you will not:
Use Pangel Services for any unlawful or unauthorized purposes;
Bring the Pangel Services or the Company into disrepute;
Share your login credentials with any third parties;
Use of the Pangel Service to create a competitive product/service;
Provide inaccurate or incomplete information when requested by the Company;
Use the Pangel Service on behalf of another person;
Infringe the copyright, trademark, trade secret, or other intellectual property rights of the Company or others, or violate the privacy, publicity, or other personal rights of others; or
Sell, rent, or otherwise transfer your account to another person or authorize any other person to use your account;
Submit any content or material on any third-party websites that falsely express or imply that such content or material is sponsored or endorsed by the Company;
Interfere with or disrupt the operation of the Pangel Service;
Intentionally or unintentionally cause harm or subvert the function of the Pangel Service by introducing any viruses, trojan horses, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete, or interfere with any system, data, or information stored on our servers;
Breach, circumvent, or interfere with any security measures used by the Company to protect the Pangel Services and any unauthorized access/use of the Company Content; or
Use the Pangel Service for any wild, exotic, or dangerous animals, including but not limited to any animals that applicable law does not permit ownership of, animals who have a history of violent attacks, or animals who have been trained to cause harm to other animals or humans.
Any violation of this provision will result in the immediate termination of your account.
10. Account Termination
Account termination by the Company
We reserve the right to terminate your account or restrict/suspend your access to the application at any time and for any reason, including:
If you breach any provisions of this Agreement; or
If you violate any applicable law.
You acknowledge and agree that we will not be liable for any loss, damage, or costs incurred by you or another person from any termination or suspension of your account without notice. Where we terminate your account as a result of a breach of this Agreement or for compliance with legal order/requirement, you are strictly forbidden from (1) registering a new account, (2) accessing the application through another user’s login credentials, and (3) accessing the application through any other unauthorized mechanism.
2. Account termination by the user
You may terminate your account at any time by accessing your account settings or by contacting us at hello@pangel.com with the words “Account Termination” in the subject line.
3. Consequences of account termination
Once your account has been terminated, you will lose all access to the Pangel Service. Please note that if you request the termination of your account, all your user content will be purged, and you will not be able to retrieve it after your account is terminated.
4. Survival
All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.
11. iOS and Android Disclaimer
The Pangel Mobile App may only be downloaded through the Google Play or Apple App Store;
Google Play is owned and operated by Google, Inc., and the App Store is owned and operated by Apple, Inc. Google, Inc., and Apple, Inc., are hereinafter referred to as the "App Distributors";
By downloading the Pangel Mobile App on your device, you further agree to abide by the relevant App Distributor’s legal terms and conditions;
Neither of the App Distributors is a party to this Agreement;
Neither App Distributor offers any warranties for the Mobile App, and they will not be responsible for the maintenance of the Mobile App or provision of any support services for the Mobile App;
By downloading the Mobile App, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo or a country that has been designated as a “terrorist supporting” country by the U.S. government;
By downloading the Mobile App, you represent that you are not listed on any U.S. government list of prohibited or restricted parties;
The App Distributors will not be responsible for any claims, losses, liabilities, damages, or expenses relating to the Mobile App;
Any claims or disputes relating to the Mobile App must be brought against the Company only;
The App Distributor is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.
12. Disclaimer of Warranties
THE PANGEL SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE PANGEL SERVICE AND ANY USER CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, OR NON-INFRINGEMENT. WE DO NOT OFFER ANY WARRANTY THAT THE PANGEL SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE AND SECURE; (C) WILL BE ACCURATE, RELIABLE, COMPLETE OR SAFE; OR (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY’S DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“THE COMPANY AND ITS OFFICERS”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY. IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE PANGEL SERVICE.
13. Limitation of Liability
IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, AND INCIDENTAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, ANY INTERRUPTION OR CESSATION OF THE PANGEL SERVICE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
THE COMPANY AND ITS OFFICERS’ LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE USE OF THE PANGEL SHALL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE DATE WHEN THE CLAIM FIRST AROSE.
SOME JURISDICTIONS DO NOT ALLOW ANY LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES; IF YOU ARE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Binding Arbitration and Class Action Waiver
YOU AND THE COMPANY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT.
YOU UNDERSTAND AND ACCEPT THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY. YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE PANGEL SERVICE OR THIS AGREEMENT BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR’S AND ADMINISTRATIVE FEES OF ARBITRATION.
THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.
15. Governing Law
This Agreement shall be governed by and interpreted pursuant to the laws of the State of Delaware without giving effect to any principles of conflict of law.
16. Indemnification
You hereby agree to indemnify, defend, and hold harmless the Company and its officers against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your breach of this Agreement, your negligence or willful misconduct, or your violation of applicable law including any privacy laws.
The Company may, at our sole discretion, assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
17. California Civil Code Section 1542
IF YOU ARE A RESIDENT IN THE STATE OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER SIMILAR LAW APPLICABLE TO YOU, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. ”
18. Electronic Communication
You have entered into this Agreement electronically, and you expressly consent to receive all notices, disclosures, and other communications from the Company electronically. You acknowledge and agree that such electronic communication will meet any legal requirement that such communication should be in writing.
19. Assignment
You may not assign any rights and obligations under this Agreement, in whole or in part, without an authorized Company representative's written consent. Any attempt to assign any rights and obligations without the Company's consent shall be void. The Company reserves the right to assign any of its rights and obligations under this Agreement to a third party without requiring your consent. Please note that such a third party will be bound by the same rights and obligations as outlined in this Agreement (as amended from time to time).
20. Severability
If any provisions in this Agreement or part of a provision is found to be unlawful, void, or for any reason deemed to be unenforceable, then that provision or part of the provision will be deemed not to be part of this Agreement to the minimum extent necessary and such severance shall not affect the validity and enforceability of the remaining Agreement.
21. Notice
Notice to the Company
All notices to be given to the Company shall be sent to the following email address: hello@pangel.com
2. Notice to you
We may send notice to you by email to the email address linked to your account at the time of such notice. It is solely your responsibility to keep your account information up to date to ensure you receive all notices.
22. Maintenance
Your access and use of the Pangel Services may be interrupted with or without prior notice for system maintenance, upgrading, testing, repairs, or other related work. We shall not be liable to indemnify you for any loss, damage, costs, or expense that you may suffer or incur as a result of such deactivation.
23. Amendments
We reserve the right to update this Agreement at any time. If we make any changes to this Agreement, we will update the last modified date on the top. Unless expressly specified otherwise, all amendments shall be effective from the date we publish the updated version on the Website and the Mobile App. Please note that if we make any amendments that materially impact your rights or obligations under this Agreement, we will also notify you of such changes by email prior to the effective date of such amendments. You are advised to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the Pangel Service after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments to this Agreement, your sole remedy is to cease using the Pangel Service.
24. No Waiver
Our failure to enforce any right shall not constitute a waiver of that right or any other right.
25. Contact us
For any queries or requests, you can write to us at:
3500 S. DuPont Hwy. Dover, DE 19901
26. Force Majeure
The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
27. GPS / Location Tracking
1. Overview
Our application uses your device’s location services to determine whether you are within or outside a defined range of your saved home address. This functionality supports automated features within the app.
By using the app, you acknowledge and agree to the practices described below.
2. How Location Processing Works
The app accesses your device’s live GPS data only on your device.
Your current location is compared locally against your saved home address coordinates.
No GPS coordinates or raw location data are ever transmitted to our servers.
Only a binary result (e.g., whether an auto-schedule should activate) is sent to the backend.
The app does not collect, store, or transmit continuous tracking data, movement history, or precise location logs.
3. Permissions and User Control
You may manage location permissions at any time through your device settings.
Disabling location access may limit or disable certain features, but the app itself will remain usable.
The app does not use any third-party SDKs for location tracking.
4. Consent
Your continued use of the app constitutes your consent to the on-device processing of location information as described in these Terms and in our Privacy Policy.