Terms of service.
With Pillar Inc. (“Pillar”, “us”, or “we”) operates the withpillar.com website, a web-based or mobile software platform to facilitate and manage health and wellness services, health coaching services and workforce placement (together, the “Services”).
The following Terms of Service (“Terms”) apply when you view or use the Services. Please read carefully ahead of accessing. In certain instances, Pillar may enter into a Platform Services Agreement and Business Associates Agreement with partners (collectively, “Agreements”). The Agreements shall then govern use and access of the Services. By accessing or using the Services, you agree to be bound by the Terms and/or Agreements, as well as Pillar's Privacy Policy at https://withpillar.com/privacy-policy. You may only use the Services in accordance with these Terms, and may not use the Services to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Pillar.
Pillar reserves the right to revise the Terms and Services in its sole discretion at any time by updating this posting. It is your responsibility to check this page periodically for the most current version of the Terms. Your use of the Services constitutes affirmative acceptance of those modifications. If you do not agree to the Terms, you must not access or use the Services. You agree that Pillar shall not be liable to you for any modification, suspension, or discontinuance of the Services or any features or functions thereof.
1. No Provision of Medical Advice or Services.
You acknowledge and agree that Pillar provides a technology platform that facilitates and manages coaching and related care services between providers and users through the Platform. You hereby acknowledge that Pillar does not perform the care services, does not make any representations, warranties or guarantees for care services, and does not direct, control, or accept any responsibility for both care services and the action or inaction of care providers accessed through the Services. You agree that Pillar has no liability to you related to any care services and care providers.
Pillar does not provide any medical advice, legal advice, billing advice, or representations in any way regarding any legal or medical issues associated with use of the Services, including, but not limited to, any compliance obligations or steps necessary to comply with any state or federal laws and regulations. You should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining your compliance obligations under law. You understand and agrees Pillar is not providing medical, clinical, or legal services. You accepts and acknowledge your responsibility to obtain all necessary informed consents from users to receive care services. By using the Services, you confirm that you are solely responsible for any information that you communicate, whether intentionally or not, and any reliance on the material, advice or suggestions on the Services is at your own risk. Pillar specifically disclaims all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of the Services.
CALL “911” AND NOTIFY THE RELEVANT AUTHORITIES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY.
2. Use of Services.
Subject to your compliance with the Terms, you are permitted to access and use the Services. In order to access the Services, you may be required to create an account (“Account”). You represent and warrant that you will provide accurate, current, and complete registration information. Pillar reserves the right to restrict, amend or disable Services in its sole discretion.
You are responsible for ensuring compliance with all relevant Terms and any failure to comply will constitute a breach by you. Except as expressly authorized by the Terms, you will not and will not allow any third party to engage in or use Services: (i) to permit any third party to access or use the Services, (ii) to decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Services, (iii) to use the Services or any Pillar confidential information to develop a competing product or service, (iv) to use the Services in violation of any export control laws or regulations administered by the U.S. Commerce Department or any other government agency, (v) to remove, minimize, block, or modify any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Services, including any screen displays, etc., or any other products or materials provided by Pillar hereunder, (vi) to use the Services in a manner that violates privacy rights or that constitutes infringement of the intellectual property or other proprietary rights, (vii) fraudulent or illegal purposes, (viii) to use the Services in away that otherwise violates Pillar policies, applicable laws, ordinances or regulations, and/or (ix) post any information or engage in activities that are harmful to another person or group. Under no circumstances will Pillar be liable or responsible for any use, or any results obtained by the use of Services in conjunction with any services, software, or hardware that are not provided by Pillar.
You agree to safeguard Account access credentials in order to ensure the safety security of information accessed through the Account, including not sharing or disclosing Account credentials to anyone, logging out of your Account at the end of each session, locking your computer when not in use, and exercising caution when accessing your Account in public spaces or from a shared device. The security of your personal information is dependent upon you selecting a secure password for your account and safeguarding your account information including log-in and password information. We advise you to change your password frequently. You will notify Pillar immediately of any unauthorized access to or use of your Account or any other breach of security. You represent that you will be solely responsible for all access and activities that occur under your Account whether or not such access to your Account is actually authorized by you.
Services are not directed to individuals under the age of eighteen (18). If you are under the age of 18, you are not permitted to create an Account, access the Services, or send personal information to Pillar.
3. Connectivity Responsibilities and Electronic Communications.
You are solely responsible for all equipment and ancillary services needed to connect to, access, or otherwise use Services, as applicable, including hardware, software, operating systems, networking, web servers. Telecommunication, or Internet connections, and for payment of all associated costs, fees and services.
By using the Services, you are opted into and consent to receive communications in electronic and mobile form, including via the email address and mobile number you have submitted. You agree that we may communicate with you regarding Pillar and other entities by SMS, MMS, text message or other electronic means to your device and that certain information about your usage may be communicated to us.
In the event you change or deactivate your mobile number, you agree to promptly update Pillar or your Account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that electronic interaction with the Services should never be used for emergency or urgent matters. While Pillar takes measures to safeguard your security, Pillar cannot guarantee absolute security of the Platform against inadvertent disclosure or intentional intrusion. The use of electronic communication systems such as the world wide web (including secure messaging) for communications has a number of risks that users should consider before use. As a result of these risks, Pillar cannot guarantee the security and confidentiality of information submitted through the Platform and will not be liable for improper disclosure of confidential information. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, not all Services may work with all carriers or devices.
You may opt out of such email by changing your account settings or sending an email to support@withpillar.com. Opting out may prevent you from receiving messages regarding Pilllar or the Services.
4. Proprietary Rights.
The software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Services or otherwise embodied in, displayed through, or provided directly or indirectly via the Services are Pillar intellectual property. The mark Pillar, Pillar’s stylized name, the Pillar logo, and any associated graphics, logos, and service marks are registered or unregistered trademarks or service marks of Pillar or its licensors. This agreement does not authorize you to use any name, marks or logos of Pillar, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent.
Unless otherwise stated, Pillar owns all title and intellectual property rights for the Services. You acknowledge and agree that (i) the Services are protected by intellectual property rights, as applicable, of Pillar and its vendors/licensors and that you have no right to transfer or reproduce Pillar Assets, in whole or in part, or prepare any derivative works with respect to, or disclose confidential information pertaining to any of the Services or any part of them, and (ii) that Pillar owns all right, title, and interest in and to the Services, including any changes, derivatives, modifications or improvements made to the Services, whether or not performed subject to an obligation or request under the Agreement, together with all ideas, architecture, algorithms, models, processes, techniques, user interfaces, database design and architecture, and “know-how” embodying the Services. Under no circumstances will you be deemed to receive title to any portion of the Services, title to which at all times will vest exclusively in Pillar. This includes any suggestions for changes or modifications or improvements made by you to Pillar, in writing or otherwise, it being agreed and understood that any such changes or modifications or improvements are derivative of the Pillar’s proprietary Services and “know-how.” You will preserve the Services from any liens, encumbrances, and claims of any individual or entity. You will not use any confidential information, intellectual property, or data disclosed by Pillar to you to contest the validity of any intellectual property rights of Pillar or its licensors. Any such use of Pillar’s confidential information, intellectual property, or data will constitute a material, non-curable breach of the Terms.
5. Content & Aggregated Data.
You grant Pillar a non-exclusive, world-wide, royalty-free license to use the data and other information input by you through the Services or otherwise delivered to Pillar in connection with your use of the Coaching Services (the “Client Content”) for purposes of the performance of the Services contemplated thereby, including as directed or instructed by you (e.g., in the context of support requests or supplying user health data to Pillar-affiliated coach providers), Pillar policies, and/or applicable law. You will be responsible for obtaining all rights, permissions, and authorizations with respect to the Client Content for use as contemplated under the Terms contemplated thereby. Except for the license granted in this Section, nothing contained in the Agreement will be construed as granting Pillar any right, title, or interest in the Client Content. You shall retain a copy of Client Content outside the Services. You shall comply with all intellectual property, marketing laws, advertising laws, privacy laws, occupational health and safety laws, and all other laws and regulations related to the Client Content and shall comply with all legal duties applicable to your users. You shall provide the relevant users with all information or notices required by applicable privacy and data protection law to provide and, if necessary, obtain the consent of or provide choices to such users as required by such laws. Pillar and you shall apply reasonable technical, organizational and administrative security measures to keep Client Content protected in accordance with industry standards.
You grant Pillar a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical, utilization, and other aggregated data derived from the Services (the “Aggregated Data”) for Pillar’s business purposes, including the provision of services and performance, operation and use of the Services. Aggregated Data does not include information identifying you or any identifiable individual. The Aggregated Data will not be considered confidential information.
6. External Links.
From time to time, the Services may also include links to third party websites. These links are provided only for your convenience, and we do not review, approve, monitor, endorse, or make any representations with to any third-party websites. We are not responsible for the availability, content, programs, services, and/or products of any third parties. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including their privacy and data gathering practices. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites, and such sites and third-party platforms, even if operated by us, are not governed by these Terms. You should exercise caution and look at the terms of use and privacy statement of the website you are visiting or using.
7. Feedback.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to Pillar with respect to the Services. Feedback is voluntary. Pillar may use Feedback for any purpose without obligation of any kind. To the extent a license is required under intellectual property rights to make use of the Feedback, you grant Pillar an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Pillar’s business, including the enhancement Pillar’s products and services.
8. Fees
You agree to pay the fees for the Services in accordance with the applicable fee schedules, and you authorize Pillar and its vendors to use payment method information to charge for the Services, together with any applicable taxes. You will provide us, or our designated third-party payment provider, with accurate and valid payment information and update your payment information in the event any information provided becomes invalid or incomplete. Pillar will use third party services to process credit card information, which include additional third-party terms. In connection with the Purchase, you agree to be bound by the applicable third party terms, as modified by the third party services provider from time to time. If any charge is rejected by our bank or payment providers, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Pillar reserves the right to accept, refuse or cancel any requests to join the Services, without liability or justification. All fees are nonrefundable.
Price Changes. The applicable fee schedule, subscription terms, and payment terms are subject to change by Pillar from time to time.
9. Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS-AVAILABLE” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. PILLAR, ITS VENDORS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, APPROPRIATENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PILLAR OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF PILLAR’S OBLIGATIONS HEREUNDER. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREES THAT PILLAR AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CLIENT’S DATA, WEBSITES, COMPUTERS, OR NETWORKS. PILLAR WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. FURTHERMORE, PILLAR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. PILLAR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR DOWNTIME OF THE SERVICES OR OTHERWISE RELATING TO THE SERVICES. No information obtained by you from us or through the Services will create any other warranty. Pillar hereby disclaims all liability for any act or omission of, or any information expressed by, any Users of the Services or third parties.
10. Limitation of Liability and Damages.
NEITHER PILLAR NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO CLIENT OR USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THE AGREEMENT, INCLUDING USE OF OR INABILITY TO USE PLATFORM SERVICES OR HEALTH COACHING SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
11. Indemnification
You agree to defend and indemnify Pillar and hold it harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) incurred by Pillar as a result of any claim by a third party arising from or related to any (i) your breach of the Terms, (ii) your use of Services in breach of the Terms, or (iii) Client Content. Client additionally indemnifies and holds Pillar harmless for any and all losses, liabilities, damages, claims, costs, penalties, expenses, and fees (including, but not limited to, reasonable attorneys’ fees, disbursements of counsel, and costs of investigation, litigation, third party discovery, and settlement) arising out of or in connection with the introduction by you (whether inadvertent or purposeful) of any computer virus or malicious computer program into Pillar’s computing systems, website code, or the unauthorized access of data as result of unauthorized access to any of Pillar’s computing systems or data.
12. Governing Law and Jurisdiction
The Terms will be construed according to, and the rights of you and Pillar will be governed by, the law of the State of Texas, without reference to its conflict of laws rules. Exclusive forum and venue shall be in state or federal courts in Texas.
ANY CAUSE OF ACTION OR CLAIM BY YOU RELATING TO ANY CLAIM RISING FROM OR RELATING TO THE SERVICE MUST COMMENCE WITHIN THE SHORTER OF THE APPLICABLE STATUTE OF LIMITATIONS OR ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS IS HEREBY DISCLAIMED.
13. Force Majeure
Except for the payment of money, neither you nor Pillar will be liable for any failure or delay in performance under the Terms which is due to any event beyond the reasonable control of you or Pillar, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.
14. Compliance with Laws
You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable data protection, privacy, anti-spam, export and import laws and regulations, in connection with their performance, access and/or use of Services. Pillar does not guarantee Services are appropriate and/or available for use in any particular context or location, and you are responsible for compliance with local laws to the extent applicable. Pillar reserves the right to modify Services for any reason, without notice and without liability, to comply with applicable law.
You agree to comply with all applicable federal, state and local laws in performing its obligations hereunder, and you agree that you are solely responsible for ensuring compliance with all Client Content and your business practices (including, but not limited to, any offerings made).
15. Miscellaneous
No delay or omission by Pillar in exercising any of our rights occurring upon any noncompliance by you with respect to the Terms will impair any such right or be construed to be a waiver of a particular breach of the Terms. If any provision of this Agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by Law) or disregarding it (if not). If an unenforceable provision is modified or disregarded, the rest of the Terms are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. Except as otherwise expressly provided herein, these Terms sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You may not assign or otherwise transfer any of your rights or obligations under these Terms without Pillar’s prior written consent in our sole discretion. Any purported assignment in violation of this Section shall be null and void. Pillar may freely assign or otherwise transfer or delegate its rights or obligations under these Terms. The Terms shall apply to and be binding upon the approved successors and permitted assigns of the parties hereto. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. The Terms do not and is not intended to confer any rights or remedies upon any person other than you and Pillar. The Terms may be executed electronically, and your electronic assent or use of the Services shall constitute execution of the Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the Terms hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under this Agreement.
If you have any questions about the Terms, please contact Pillar at support@withpillar.com.
This Agreement was last updated December 6, 2022.