Please read these platform terms (“Platform Terms”) carefully before using the services offered by Pamela AI Holding B.V., a private company with limited liability incorporated under the laws of the Netherlands, having its registered office at Concertgebouwplein 15, 1071 LL in Amsterdam, The Netherlands (“Pamela”, “we”, or “us”).
By (1) executing one or more order forms with Pamela which reference these Platform Terms (each, an “Order Form”), (2) clicking a box indicating acceptance, or (3) using the services, you (“Customer”) agree to be bound by these Platform Terms (together with all Order Forms, the “Agreement”).
If you accept these terms on behalf of a legal entity, you represent that you have the authority to bind that entity. If you do not agree to these terms or do not have such authority, you must not use the services.
If you are using free services or trials, the applicable provisions of this Agreement apply to those services as well.
1. Definitions
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
Authorized User means Customer’s employees, contractors, or agents who are authorized by Customer to access and use the services under this Agreement.
Client-Side Software means any desktop software provided by Pamela to Customer for use with the services (e.g., Mac or Windows application).
Customer Data means all content, audio recordings, transcripts, metadata, or other information submitted, captured, or generated via the services by or on behalf of Customer.
Documentation means the official user documentation for the services, made available by Pamela.
Free Services means services provided free of charge, including trials and beta programs.
Personal Data has the meaning set out in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Sensitive Data includes health data, biometric data, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or any other special category of personal data under Article 9 of the GDPR.
Services means the Pamela platform and AI tools used to record, transcribe, and summarize meetings via system audio or microphone, as described in the Order Form or online product pages.
Third-Party Services means services provided by subprocessors used by Pamela to deliver the services, including AWS, Gemini, and Deepgram.
Usage Data means data collected about how the services are accessed and used, including technical diagnostics and performance metrics.
2. Access and Use of the Services
2.1. Right to Use
Pamela grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the services during the subscription term solely for internal business purposes.
2.2. Account Management
Each Authorized User must use their own login credentials. Sharing accounts is prohibited. Customer is responsible for all use and must ensure compliance.
2.3. Usage Restrictions
Customer must not:
Reverse engineer, decompile, or extract source code;
Interfere with performance or security;
Use in high-risk domains (e.g., medical/legal/financial advice);
Process Sensitive Data without permission and compliance;
Violate applicable Dutch or EU law;
Use for automated decision-making with legal effect without oversight.
2.4. Service Levels and Updates
Pamela may update or enhance services. Free Services are provided “as-is” with no guaranteed uptime.
3. Data Protection and Security
3.1. Compliance
Pamela processes personal data in line with the GDPR, subject to a Data Processing Agreement (DPA).
3.2. Hosting and Subprocessors
Pamela uses:
AWS (EU regions) for hosting,
Deepgram for transcription,
Supabase for database/auth,
Gemini for summarization.
Pamela does not hold ISO/SOC2 certifications itself, but subprocessors do.
3.3. Sensitive Data
Processing special categories of data (Article 9 GDPR) is discouraged. Pamela disclaims liability if voluntarily submitted.
3.4. Data Location and Transfers
Data is stored in the EEA. If transferred, safeguards like Standard Contractual Clauses (SCCs) apply.
3.5. Security Measures
Encryption, access controls, and internal policies align with Article 32 GDPR.
4. Intellectual Property
4.1. Pamela Ownership
All IP in the services (software, APIs, models, etc.) belongs to Pamela, except Customer Data.
4.2. Customer Data Ownership
Customer retains full rights to their data. Pamela processes only to deliver the service.
4.3. Feedback License
Customer grants Pamela a perpetual, royalty-free license to use feedback or suggestions.
5. Customer Responsibilities
5.1. Compliance with Laws
Customer is responsible for:
GDPR, ePrivacy, Dutch labor laws,
DPIAs (where needed under Article 35 GDPR).
5.2. Consent and Legality
Customer must ensure participants are informed and consent to being recorded or transcribed.
5.3. Account and Access Security
Customer must secure credentials and report breaches.
5.4. Prohibited Conduct
Do not:
Build competing tools,
Infer or process sensitive personal data unlawfully,
Use in high-stakes or legally critical scenarios.
5.5. Third-Party Integrations
Customer assumes all compliance responsibility for integrations.
6. Fees and Payment
6.1. Billing
Pamela charges as per the Order Form. Prices exclude VAT unless stated.
6.2. Payment Terms
Invoices are payable within 14 days unless agreed otherwise.
6.3. Late Payment
Late payments incur:
Statutory interest (Article 6:119a BW),
Recovery costs,
Potential service suspension after 14+ days.
6.4. Plan Changes
Upgrades: immediate,
Downgrades: end of billing cycle.
6.5. No Refunds
All payments are non-refundable unless legally required.
7. Term and Termination
7.1. Term
Effective upon first use and continues until termination.
7.2. Customer Termination
Can cancel anytime; effective end of billing period.
7.3. Pamela Termination
Pamela may suspend/terminate if:
Terms are violated,
Payment is overdue 30+ days,
Security risks arise,
Fair Use Policy is breached,
Legally required.
7.4. After Termination
Access revoked; data deleted within 30–90 days. Anonymized data may be retained.
8. Disclaimers and Liability
8.1. No Warranty
Pamela provides services “as is”:
No guarantees on accuracy, uptime, or legal fitness.
8.2. Customer Responsibility
Customer must review outputs before use. Pamela doesn’t validate content.
8.3. Liability Limit
No indirect or consequential damages,
Liability capped at 12-month fees paid,
Does not limit liability for intent/gross negligence (Art. 6:162 BW).
9. Governing Law and Jurisdiction
9.1. Dutch Law
Governing law is Dutch. CISG does not apply.
9.2. Amsterdam Jurisdiction
Disputes go to Amsterdam courts, unless mandatory law says otherwise.
9.3. EU Consumers
Consumers in the EU may use local authorities or courts.
9.4. Language
Dutch version prevails if discrepancies arise.
10. Data Protection and Privacy
10.1. Roles
Pamela = data processor (Customer Data), data controller (account info).
10.2. Compliance
Pamela complies with GDPR; Customer must collect/share data lawfully.
10.3. Subprocessors
Includes OpenAI, Deepgram, Supabase, AWS. All ISO 27001 or SOC 2 certified.
10.4. Prohibited Uses
Do not use for therapy, legal, or medical consultation.
10.5. Data Security
Measures include encryption, monitoring, and backups.
10.6. Data Retention
Default storage: 90 days. Deletion is permanent and includes backup purge within 30 days.
11. Confidentiality
11.1. Obligation
Non-public info is confidential. Use only as needed for the Agreement.
11.2. Exceptions
Not confidential if:
Already known,
Publicly available,
Lawfully obtained elsewhere,
Required by law.
11.3. Duration
Confidentiality survives 3 years post-termination (or longer if required).
12. Miscellaneous
12.1. Assignment
Customer needs Pamela’s consent to transfer rights. Pamela can assign during corporate changes.
12.2. Force Majeure
No liability for events beyond control (e.g., war, cyberattack, strikes).
12.3. Amendments
Pamela may update these Terms. Continued use = acceptance.
12.4. Severability
If a clause is invalid, the rest stays in effect.
12.5. No Waiver
Failure to enforce a clause isn’t a waiver.
12.6. Entire Agreement
These Terms + DPA + Order Forms = full agreement.
12.7. Contact
Email: privacy@trypamela.ai
Address: Concertgebouwplein 15, 1071 LL, Amsterdam, The Netherlands
