Pacely terms of use

1. What these terms cover

These terms apply to everything you do with Pacely: creating an account, using the app and the website, and any subscriptions you take out with us. By using Pacely you agree to these terms.

We may adjust the terms from time to time. How that works is set out in article 14. You can always find the most recent version at pacely.nl/en/legal/terms.

Arrangements that differ from these terms only apply if we have confirmed them in writing by email.

2. What Pacely is, and what it is not

Pacely is a calm planner for people with post-covid, ME/CFS or similar persistent fatigue conditions. You spread your energy across the day with a simple budget and, over time, you can see what works for you.

Pacely is not a medical device and not a replacement for care. We do not make diagnoses, do not provide treatment and do not make predictions about your recovery. What the app shows you are observations based on what you enter, plus general information from publicly available sources.

Pacely shares observations from publicly available sources. We are not the source and we do not give medical advice. Do you have questions about your own recovery? Get in touch with your GP, rehabilitation physician or occupational therapist.

Decisions about your health therefore remain yours and your care providers'. Pacely is a tool to make those conversations easier, not to replace them.

Planning your day stays entirely your responsibility. Pacely shows activities, weights and observations, but what you do, how much you do, at which moments, and which daily budget you choose for yourself is up to you (together with your care provider, if you wish). If a day turns out to be too taxing or a PEM flare or crash follows, that is not something Pacely is liable for. We cannot walk the path for you, we can only help make it visible.

3. Who Pacely is intended for

Pacely is intended for adult users. You are at least 16 years old. If you are younger, you may not use Pacely, not even with the permission of a parent or guardian.

Pacely is currently offered in Dutch and English, primarily for use in the Netherlands and the rest of Europe. People elsewhere in the world can register as long as they understand the Dutch or English interface. Pacely is not specifically aimed at users outside the European Union. If you use Pacely from outside the EU, you do so on your own initiative and at your own risk, and Dutch law and the Zeeland-West-Brabant District Court apply exclusively to any dispute (see article 15).

One account belongs to one person. You do not share your login details with others, not even with family members or care providers. If you want someone to be able to follow along, that may become possible in the future through a separate informal-care feature; a shared account is not a substitute for that.

4. Your account

You create an account with your email address and a password, or via your Google account. Choose a password that you do not use anywhere else.

Whatever happens under your login, we attribute to you. If you suspect that someone else can access your account, let us know immediately at mail@pacely.nl and we will block access.

You can delete your account at any time from within the app. What happens to your data after deletion is set out in our privacy notice.

5. Subscription, payment and cancellation

Some parts of Pacely are free; other parts we may offer through a paid subscription. Which form applies to you is shown before you take out a subscription. Prices we quote include VAT, unless we clearly state otherwise.

Pacely works exclusively with monthly subscriptions: one rate per month, automatically renewed for a new month unless you cancel. We do not offer annual or multi-year subscriptions today.

Payment. Payment on the website is made in advance through our payment provider Mollie, when you take out the subscription and at each monthly renewal. We do not send separate invoices with deferred payment terms; you can find your transactions in the app under your account settings.

Immediate delivery. The subscription starts as soon as your payment is complete. Pacely is a digital service that is delivered immediately; by activating your subscription you expressly agree to this and, for the part already delivered, you waive the statutory 14-day right of withdrawal.

Cancelling. You can cancel at any time through the app or by email to mail@pacely.nl. The cancellation takes effect at the end of the current month; until that date you keep access, and after that we stop the automatic renewal. We do not refund pro-rata amounts for the month already running.

If a renewal payment fails through Mollie (for example because a payment method has expired), we try again within a few days. If payment continues to fail, we may temporarily pause access to the paid parts until payment comes through after all.

In-app purchases via the app store. If you take out your subscription in the Android app, the purchase runs through the Google Play Store, and in addition to these terms the Google Play payment terms also apply. For a subscription taken out through the store, cancellation, refund and changes go through the store's settings, not through Pacely. Google is the seller for that purchase; we receive only the payment status (see our sub-processors list).

6. Availability and changes

We do our best to keep Pacely available as much as possible, but we do not promise uninterrupted operation. For maintenance we may occasionally take the service offline, preferably outside office hours.

Pacely is a product in development. We may add, adjust or remove features whenever that makes the product better. For larger changes that affect your use, we let you know in advance in the app or by email.

Is something not working? Let us know at mail@pacely.nl and we will look into it.

7. What we expect from you

We ask you to use Pacely in a normal way. Concretely that means:

• You use Pacely within the law and not to harm others.
• You do not try to bypass security, reverse-engineer the software, or extract large amounts of data from Pacely in an automated way.
• You use your own account and do not share your login details.
• You do not upload harmful files or code to Pacely.

If you do not keep to these arrangements, we may take measures, see article 11.

8. Our software, your data

Pacely (the software, the name, the logo, the texts and the design) belongs to Onn Software B.V. or our licensors. You get the right to use Pacely for as long as you have a valid account. That right of use is personal and non-transferable.

The data you put into Pacely, your activities, your days, your notes, belong to you. We store and process that data to make the service work for you. You can export or delete your data at any time from within the app.

9. Privacy

Pacely works with health data. We treat it as a special category under the GDPR. How exactly we handle your data, which parties it is shared with and what rights you have is set out in our privacy notice.

If you have a complaint about how we handle your data, we would like to hear it first ourselves at mail@pacely.nl. In addition, you always have the right to lodge a complaint with the Dutch Data Protection Authority.

10. Liability

Pacely is a planning aid. We cannot promise that the app works flawlessly or that the observations we show are correct for you.

The choices you make about your own day and your own health, including which activities you plan, how long they last, when they happen, which daily budget you choose for yourself, and how you respond to what the app shows, remain entirely your decisions. Pacely has no influence over those choices and bears no responsibility for them.

PEM flares, crashes, worsening of symptoms and other health consequences that can occur with over- or under-exertion remain entirely at your own expense and risk. Our observations, suggestions or pacing zones are never an instruction or medical advice; following, adjusting or ignoring them is your own choice, based on what you, together with your care provider if you wish, consider appropriate. Onn Software B.V. is not liable for damage arising from how you have planned your day or from health complaints that arise after using Pacely.

If, despite the above, we are nonetheless liable for damage that is a direct result of an error on our part, the following applies:

• Our liability is limited to the amount you paid us in the twelve months before the damage arose, subject to a floor of € 50. If you did not have a paid subscription during that period, our liability is capped at € 50.
• We are not liable for indirect damage, consequential damage, lost revenue or loss of data, to the extent the law allows.

These limitations do not apply in the case of intent or deliberate recklessness on the part of Onn Software B.V., nor for damage for which the law does not allow liability to be limited, for example personal injury or death caused by an error of Onn Software B.V. itself. Your mandatory rights as a consumer remain fully in force.

11. Termination by us

We may close your account or temporarily block your access if:

• you do not keep to these terms;
• you let a payment lapse despite reminders;
• we suspect serious misuse, for example attempts at security breaches or shared accounts;
• the law obliges us to.

We let you know why, and in most cases you get the opportunity to put the situation right. In the case of serious misuse or a legal obligation, we may intervene immediately. You then do not receive any compensation for the remaining subscription period.

12. Force majeure

By force majeure we mean circumstances that we could not reasonably have prevented, for example major outages at Google Cloud, internet failure or a hack despite reasonable security. During force majeure we are not liable for failing to deliver the service.

If the force majeure lasts longer than three months, you may cancel the subscription in writing free of charge. For the period during which Pacely was available, payment remains due.

13. Complaints and disputes

If you have a complaint about Pacely, let us know first at mail@pacely.nl. We will let you know within fourteen days how we will deal with it and do our best to resolve it together.

If we do not resolve it together, as a consumer in the EU you have the right to submit your dispute via the European Commission's ODR platform.

For complaints specifically about your data, you can turn to the Dutch Data Protection Authority, see article 9.

14. Changes to these terms

We may adjust these terms. For changes that affect your use, we let you know at least 30 days in advance by email or in the app. We then state what is changing and when the new version takes effect.

If you do not agree with a change, you can cancel your subscription before the new version takes effect. By continuing to use Pacely after the effective date, you agree to the new version.

15. Final provisions, applicable law and competent court

If a part of these terms is not legally valid, the remaining parts simply continue to apply. We replace the invalid part with an arrangement that comes as close as possible to the original intention.

Your rights and obligations under these terms are not transferable without our written permission.

These terms are governed by Dutch law. Disputes that we do not resolve together, we submit to the competent court: the Zeeland-West-Brabant District Court. As a consumer, you retain the right to bring your dispute before the court that has jurisdiction in your place of residence under the law.

These terms are available in Dutch and English. In case of any discrepancy between the two versions, the Dutch version prevails; pacely.nl/nl/legal/terms.