Terms of use

Updated: March 15th, 2022

IMPORTANT: If you need acute mental support or are having thoughts about harming yourself, please seek professional help and don’t rely on Parazute and the social network to help you.

Please read these terms of use (the “Terms”) carefully as they contain important information regarding the user rights and limitations such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, dispute resolution, and applicable law.

The Terms provided by Parazute ApS (“Parazute”) govern and apply to your access and use of Parazute’s services via Parazute’s website and Parazute’s mobile apps (the “Service”).

By accessing or using our Service, you agree to all the terms and conditions described in these Terms, which govern the relationship between the User and Parazute ApS, incorporated in Denmark with registered address Lindevej 5 3500 Værløse, Denmark and CVR no. 43388843 (“Parazute” or “we”).

The Terms are agreements between the parties and relate to the Parazute app licensed to the User.

1. Health Disclaimer:
   
   1.1 The Parazute app is NOT a medical recommendation or advice.
   
   1.2 The Parazute app is NOT therapy or other psychological or psychiatric treatment.
   
   1.3 The Parazute app and the network it creates are NOT a substitute for reaching out for help when a user experience mental issues.
   
   1.4 Parazute makes NO representation or warranty that the app will prevent adverse development in mental health among users.
   
   1.5 The Parazute app is NOT a Medical Device, as per the European Medicines Agency (EMA) or The Federal Drug Administration (FDA), nor should the User regard them as such.
   
   1.6 The Parazute app only supports the user by trying to activate the social network around mentally ill people. Parazute gives NO warranty regarding the accuracy, completeness, suitability, and safety resulting from using the service. The User assumes full responsibility, and Parazute is NOT liable for any consequences from reliance.
   
   1.7 If a user needs support, they should always seek professional help regardless of whether they have installed the Parazute app.
   
   1.8 A user that needs help should NOT rely on the social network of support will reach out and help – therefore, the user should always seek professional help.

2. Licenses and Subscriptions
   
   2.1 Parazute offers a 14 days trial period and Subscription licenses for the app (“trial app licensee” and “Subscription app licensee”, collectively “App licensee” or “User”). We do not sell the App, and Parazute retains ownership.
   
   2.2 Upon downloading the Parazute App, the User becomes a trial app licensee by default. They remain so until the:
   
   (a) Trial Licence is terminated after 14 days; or the
   
   (b) A subscription upgrades the licence to Parazute.
   
   2.3 Subscription app licensees, depending on choice of payment plans, may pay through subscriptions, including but not limited to monthly and annual terms.
   
   2.4 The user administrates subscriptions through their Appstore or Google Play Store account.
   
   2.5  Subscriptions will automatically renew at the end of the term and can be managed through Appstore or Google Play Store accounts.
   
   2.6 Subscriptions for Parazute include increased functionality and additional features described by the subscription. Information about content, features, or services will be included in the AppStore or Google Play Store in-app description before purchase.
   
   2.7 Purchases are final, Parazute will not provide refunds. Purchases made through the Appstore or Google Play Store are subject to the Appstore or Google Play payment policy. The applicable policy should be considered before purchase.
   
   2.8 To terminate a trial app license, the licensee should stop using Parazute, delete it from their device, and, if applicable, delete the associated user account.
   
   2.9 To terminate a subscription license, the licensee should cancel their subscription in Appstore or Google Play store account and stop using the Parazute, delete it from their device, and, if applicable, delete the associated user account.

3. App Updates
   
   3.1 Notwithstanding examples in 2.6, it is subject to Parazute sole discretion to change, add, modify or remove any content, features or services at app updates.
   
   3.2 App Updates can be installed manually or by pre-selecting automatic updates.
   
   3.3 Parazute support only the newest version of the app.
   
   3.4 If the User does not wish to install App Updates or retain an older version, they may terminate their license.

4. Warranties
   
   4.1 Further to Danish consumer protection law regarding digital services, we hereby represent and warrant compliance with subjective and objective conformity requirements.
   
   (a) Subjective requirements for conformity are terms Parazute set out that belong to one of the categories of requirements listed in the legislation. If a contracted term belongs to a listed category, Parazute must ensure compliance with it to maintain subjective conformity.
   
   (b) Objective requirements, among other things and subject to several legislative considerations, include being fit for purposes that other digital services of the same type would typically be used for; and being of the same quantity, quality and possessing the same performance features that are normal for digital services of the same type that the User, as a consumer, may reasonably expect.

5. Disclaimers (Health Disclaimers see section 1)
   
   5.1 Except for complying with the objective conformity requirement for continuity, Parazute makes no further representations or warranties, express or implied, that errors, interruptions, failures, or delays will not occur during use.
   
   5.2 Parazute makes no representation or warranty, express or implied, that the App is free of malware, viruses, or other harmful components. Moreover, no implied warranties arising from the course of dealing, course of performance, or trade usage.
   
   5.3 Parazute makes no representation or warranty regarding the non-infringement of intellectual property, and Parazute has no obligation to defend or indemnify the User against claims regarding the same.
   
   5.4 Parazute gives no warranties for modifications, derivative works, or other unauthorized use.
   
   5.5 Parazute provides no express or implied warranties regarding any third-party platform we use or the User’s mobile device and operating system. We will not be liable for the failure of these platforms, devices, or operating systems to function as expected or intended.
   
   5.6 Parazute strives to generate a social network that will support the mentally ill person However, Parazute makes no representation or warranty, express or implied, that such support will occur. And reliance is at the User’s own risk.
   
   5.7 Parazute retains the sole discretion to carry out App Updates. No representation or warranty is made, express or implied, regarding the continued existence of content, features, or services.
   
   5.8 Parazute only supports the newest version of the app; no liability will arise for any claimed loss or damage if the user is using an older version. Users may install the latest App Update or terminate the license.

6. Limitation of liability
   
   6.1 Except in respect of death or personal injury caused by Parazute’s negligence, or fraud or fraudulent misrepresentation, Parazute’s total liability under any agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, cannot exceed and shall be in all respects limited to an amount equivalent to the price of the delivery in question.
   
   6.2 Parazute shall, under no circumstances, be liable for any indirect or consequential or special loss or damage, costs, expenses, or other claims for compensation which arise out of, or in connection with, the supply of the Products or their use or resale, including but not limited to loss of earnings, loss of turnover, loss of business, loss of goodwill, loss of expected savings,  loss of income, profit or otherwise, or costs for ordering replacement products or services.
   
   6.3 Parazute cannot be held liable for non-fulfillment or delayed fulfillment of agreements caused by force majeure.
   
   6.4 Force majeure shall include but not be limited to war, insurrections, civil unrest, government intervention or intervention by local authorities, fire, strike, lockout, export/import ban, mobilization, vandalism, currency restrictions, epidemics, computer viruses, hacking, extreme weather conditions, fuel, power, and water supplies or any other cause beyond Parazute’s control.

7. Dispute Resolution
   
   7.1 If the User is dissatisfied , we recommend they contact Parazute at info@parazute.com. We hope to solve the problem at an early stage to avoid escalation.
   
   7.2 Given the mutual benefits of efficiency and cost, Parazute proposes that any dispute arising out of or in connection with the Terms, including any disputes regarding the existence, validity or termination of the contract, shall be finally settled by arbitration administered by the Danish Institute of Arbitration.
   
   (a)    The arbitration would be carried out following the Rules of Arbitration adopted by the Danish Institute of Arbitration Board.
   
   (b)   The arbitration tribunal shall comprise a sole arbitrator appointed by the Institute.
   
   (c)    The place of arbitration shall be Copenhagen, and the proceedings shall be conducted in English or Danish, whichever is appropriate.
   
   (d)   The laws of Denmark shall govern the contract.
   
   7.3 If the App licensee resides in the EU, they are entitled to recourse through the online platform as an online consumer. The European Online Dispute Resolution (ODR) platform can be accessed at ec.europa.eu/consumers/odr.Notwithstanding this, Parazute retains sole discretion regarding whether it uses the platform; no obligation exists for Parazute to solve disputes through it.
   
   7.4 Without prejudice to anything stated in 7.1 – 7.3, both parties are entitled to judicial redress with Denmark’s applicable law. The Danish courts have exclusive jurisdiction over disputes or claims, including non-contractual ones, arising from or in connection with the Terms and their subject matter and formation.
   
   7.5 If a court or arbitration tribunal finds anything in the Terms unenforceable, insofar as practicably possible, the remaining provisions should be upheld and enforced

8. Updating Terms
   
   8.1 Parazute reserves the right to change and update the Terms at any time. Reasons for such updates may include:
   
   (a)    Compliance with law;
   
   (b)   Compliance with industry best practice;
   
   (c)    Strengthening Consumer Protection;
   
   (d)   Changes to content, features or services;
   
   (e)    Changes to service delivery;
   
   (f)     Changes to subscription, payment or licensing;
   
   (g)    Changes to commercial practice.
   
   8.2 Parazute will take reasonable measures to provide the new Terms in advance if material changes are made. These measures allow the User to consider whether they want to continue use once effective. The reasonable measures may involve notifications through emails or in-app banners.
   
   8.3 If the measures mentioned in 8.2 are taken, Parazute may provide a means for the User to communicate that they do not accept the updated Terms.
   
   8.4 Without prejudice to 8.3, the App licensee accepts the changes by continuing to use the Apps after the effactive date. If the User does not accept the updates, they should terminate their license.
   
   8.5 Notwithstanding 8.2, the App licensee is responsible for ensuring they know of any changes to the Terms. It is recommended that they habitually check the Terms for updates. For ease of reference, the date of the last update will be provided at the top.
   
   8.6 The effective date, depending on whether provided in advance, shall be the:
   
   (a)    Date set by prior notice; or
   
   (b)   Date of Publication.