Terms of Use
These Terms of Use are addressed to consumer users of Powalia. They do not govern the relationship with therapists, which is subject to separate conditions (see §8). By creating an account or using the app, you accept these Terms of Use.
1. Publisher
Palta Negra LLC — New Mexico Entity ID: 0008083445.
1209 Mountain Road Pl NE, Suite N, Albuquerque, NM 87110, United States.
Contact: contact@powalia.com · +33 6 09 12 14 50.
2. Age
Powalia is mainly designed for people concerned by perimenopause and menopause. The app is rated 16+ on the App Store and is not intended for people under 16. An account created in breach of this condition may be deleted.
3. Nature of the service
Powalia is a well-being app dedicated to supporting menopause, nutrition and lifestyle habits. It provides informational, educational and motivational support: nutritional analyses and advice generated with the help of artificial intelligence, a journal, content, programmes, the community Circle and personal tracking features.
Powalia is not a medical device. It makes no diagnosis, prescribes no treatment, does not replace a doctor or a healthcare professional and guarantees no result. See the “Health notice”.
4. Account creation and security
- You provide accurate information and keep it up to date.
- Your credentials are personal; it is forbidden to share your password or transfer your account.
- You undertake to report any fraudulent use of your account.
- Acceptance of the Terms of Use is required when creating the account; it is time-stamped and versioned.
- The Privacy Policy is provided to you at registration and remains accessible at all times. Consent to the processing of health data is separate from the Terms of Use and is collected on first use of a relevant well-being feature.
5. Permitted and prohibited use
Use is strictly personal. It is in particular forbidden to: misuse, disrupt or attack the service; use Powalia in a medical emergency (call the emergency services); publish or introduce unlawful, discriminatory, violent, fraudulent content or content that infringes the rights of third parties; circumvent access or payment limits, quotas or restrictions.
6. Artificial intelligence
Certain analyses are produced or assisted by artificial intelligence. These estimates are not guaranteed, may contain errors or inaccuracies and do not constitute medical advice. It is your responsibility to check any important information before a decision. No medical decision is taken automatically, and AI does not replace a healthcare professional.
7. Circle and user content
The Circle allows you to publish text, comments and images. There is no systematic prior validation of posts. You are responsible for your content and undertake not to publish unlawful, hateful, discriminatory, violent, fraudulent, misleading, defamatory, harassing or pornographic content, nor personal or health data of a third party without authorisation. A reporting system allows content to be brought to our attention; Powalia may then remove or moderate content with reasons and suspend an account in the event of a breach.
You remain the owner of your content. You grant Powalia a limited, non-exclusive and strictly necessary licence to host, display, moderate and technically operate this content within the service; this licence entails no transfer of ownership and ends when you remove the content or delete your account, subject to temporary technical copies and legal obligations. Contact point for reports (DSA): contact@powalia.com.
8. Therapists
Connecting to a therapist is optional. Sharing your data is chosen and revocable by you, by category. The therapist practises according to their own qualifications and professional obligations. Powalia guarantees neither the acts nor the results of an independent professional. Separate professional conditions may apply.
9. Suspension and deletion
A distinction must be drawn between the voluntary deletion of your account (immediate and permanent — see “Account deletion”) and the temporary or permanent suspension decided by Powalia in the event of a breach, fraud, security issue, unlawful content or legal obligation. Loss of access may affect access to content and subscriptions. Certain legal rights or accounting obligations may remain. No measure is taken arbitrarily for a paying account without regard to the consumer’s mandatory rights.
10. Intellectual property
The app, its trademarks, logos, texts, recipes, content, programmes, software, databases and graphic elements are protected. Unless prior written authorisation is given, the following are in particular forbidden: reproduction, mass extraction, resale, unauthorised modification, scraping, circumvention of protections and training of an automated system or AI on Powalia content. The detailed status of the trademarks appears in the “Legal notice”. Users retain their rights over the content they publish in the Circle.
11. Liability and availability
Powalia is bound by a best-efforts obligation. The service may be subject to maintenance or interruptions and no complete absence of error is guaranteed. Powalia is not liable for misuse of the app, nor for the acts of an independent professional. These clauses remove no mandatory right of the consumer and do not exclude liability in the event of gross negligence, wilful misconduct or personal injury.
12. Governing law and disputes
These Terms of Use are governed by French law. This choice does not, however, deprive the consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence where applicable. In the event of a dispute, the parties endeavour to seek an amicable solution first. Failing agreement, the competent courts are determined in accordance with the mandatory rules applicable to consumer protection.
13. Personal data
The processing of your data is governed by the “Privacy Policy”. You can exercise your rights (see “Your rights and personal data”) and export your data from the app (Profile → Privacy and my data → Export my data).
14. Changes
The Publisher may amend these Terms of Use. In the event of a significant change, you are informed and, if necessary, new consent is collected. The applicable version is dated at the top of the page. Contact: contact@powalia.com.