Definitions

These Definitions explain words used in Paldar's Terms & Conditions (https://www.paldar.com/legal/terms), User Terms (https://www.paldar.com/legal/user-terms) and Privacy Policy (https://www.paldar.com/legal/privacy). They form part of the Terms & Conditions and are covered by their version label, and the User Terms incorporate them as they stood on the User Terms' own date. A word defined here has the same meaning in all three documents. The singular includes the plural, and examples are for illustration only.

• Account means an individual's Paldar login to the Service. Anyone with an account is a User.
• AI Coach means the AI feature of the Service that chats with Participants about their goals and development. It is a self development tool, not professional, clinical or mental health advice.
• AI Features means the features of the Service that use artificial intelligence, including the AI coach, Chief, the email agent, AI written coach emails and nudges, summaries, reports, Practitioner Pulse insights and content generation.
• AI Output means output generated by the AI Features, including anything from the AI coach or Chief.
• Annual Plan means a plan billed in advance for a 12 month term. The Customer is committed for the term it purchased, and fees for the rest of the term are not refunded except as the Terms & Conditions provide.
• API means an application programming interface Paldar makes available for accessing the Service, including any API tokens a Customer issues.
• APPs means the Australian Privacy Principles in the Privacy Act 1988 (Cth).
• Australian Consumer Law means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Beta Feature means a feature labelled beta, preview or early access. It is provided for evaluation, may change or be withdrawn, and is excluded from any service commitments.
• Billing Period means the monthly or annual period for which fees are billed in advance.
• Chief means the AI assistant (an AI chief of staff) that helps a Customer's practitioners and team members draft messages, prepare reports, summarise activity and suggest next steps.
• Confidential Information means a party's non public information that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is the Customer's Confidential Information.
• Controller means the party that decides how and why personal information is handled (the responsible entity). The Customer is the controller of participant and program data; Paldar is the controller of its own customer account, billing, website and marketing data.
• Customer means the organisation, or the individual practitioner acting in a business capacity, that creates a Paldar workspace or subscribes to a plan and accepts the Terms & Conditions.
• Customer Data means all data and content submitted to the Service by or for a Customer, its Users or its Participants, including participant records.
• Email Agent means the AI feature that classifies email received by a Customer's Paldar agent inboxes and, depending on the autonomy setting the Customer chooses, drafts or sends replies. It never automatically replies to crisis or wellbeing sensitive email.
• Fees means the amounts a Customer pays Paldar for its subscription to a plan, as set out on our pricing page or in an order form. Stripe's fees and the platform fee are separate.
• Free Plan means a plan with no fees and limited features. Its features and usage limits are as displayed on our pricing page and in the app, and may change.
• GDPR means the EU General Data Protection Regulation and, where relevant, the UK GDPR.
• Integration is the plain English word for a Third Party Service that a Customer or User connects to the Service.
• Intellectual Property Rights means all intellectual property rights anywhere in the world, registered or unregistered, including copyright, patents, trade marks, designs, trade secrets, and rights in domain names and business names.
• Monthly Plan means a plan billed in advance each month, with no minimum term.
• Non Excludable Rights means any right, remedy, guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
• Order Form means a written order, quote or plan description that a Customer accepts and that sets out its plan, fees or other agreed terms. A signed order form prevails over the Terms & Conditions to the extent of any conflict.
• Paid Plan means a plan for which fees are payable.
• Paldar, We, Us and Our mean Hello Able Pty Ltd (ABN 16 687 795 651, ACN 687 795 651), trading as Paldar (business name registration pending), of Level 3, 88 William Street, Perth, Western Australia 6000, Australia.
• Participant means an individual enrolled in, or taking part in, a Customer's program, whether or not they have a Paldar account, sometimes called a learner, coachee, leader or client. A Participant becomes a User once they create an account.
• Personal Information has the meaning given in the Privacy Act 1988 (Cth): information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not it is true and whether or not it is recorded in a material form.
• Plan means a package of Service features, usage limits and fees that a Customer subscribes to, as set out on our pricing page or in an order form. A plan is a free plan or a paid plan, and a paid plan is a monthly plan or an annual plan.
• Platform Fee means Paldar's fee on payments processed through Stripe Connect: a percentage of each transaction, as shown on our pricing page or agreed in writing. It is separate from Stripe's own fees.
• Practitioner means a User who delivers coaching, training or other services to Participants through the Service, such as a coach or facilitator.
• Practitioner Pulse means the AI Feature that identifies short themes in a Participant's AI coach conversations, with activity and progress indicators, for that Participant's practitioners. It only analyses the conversations of Participants who have a Paldar account and have given explicit consent in the app, and practitioners never see message text.
• Privacy Policy means Paldar's Privacy Policy at https://www.paldar.com/legal/privacy.
• Processor means a party that handles personal information on behalf of a controller. Paldar is a processor for the participant and program data it handles for Customers.
• Program means a learning, coaching or behaviour change program that a Customer designs or runs through the Service.
• Sensitive Information has the meaning given in the Privacy Act 1988 (Cth). It includes information or an opinion about an individual's racial or ethnic origin, political opinions or memberships, religious or philosophical beliefs, professional, trade or union memberships, sexual orientation or practices, or criminal record, as well as health information, genetic information and certain biometric information.
• Service means the Paldar website at www.paldar.com, the Paldar web application, APIs and related services.
• Sub-processor means a service provider that processes personal information on Paldar's behalf to provide the Service. The current list is published at https://www.paldar.com/legal/subprocessors.
• Subscription means a Customer's access to a plan, which renews automatically at the end of each billing period unless cancelled.
• Terms & Conditions (or Agreement) means Paldar's Terms & Conditions at https://www.paldar.com/legal/terms, accepted by the Customer, which include these Definitions, the Privacy Policy, the Sub-processors page and any order form or plan description the Customer accepts.
• Third Party Services means services provided by third parties that can be connected to the Service, such as Google and Microsoft calendars (connected through Nylas), Stripe and Stripe Connect, and Notion. They are also called integrations.
• User Terms means Paldar's User Terms at https://www.paldar.com/legal/user-terms, which every individual with a Paldar account accepts, including the Customer's staff and Participants with an account.
• User means any individual who has a Paldar account. This includes a Customer's owners, administrators, practitioners and team members, and Participants who have been invited and created an account.
• Website means the Paldar website at www.paldar.com, including its subdomains.
• Workspace means a Customer's area of the Service, with its own owners, administrators and other roles, which the Customer controls.
• You means, in the Terms & Conditions, the Customer; in the User Terms, the individual account holder; and, in the Privacy Policy, the individual whose personal information we handle.