Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and Migraine Trail ("we," "us," "our," or "Company") governing your access to and use of the Migraine Trail mobile application (the "App"), website (migrainetrail.com), and all related services, features, content, and applications (collectively, the "Services").

By downloading, installing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.1 Company Information

Migraine Trail is operated by Migraine Trail LLC. References to "we," "us," "our," or "Company" throughout these Terms refer to this entity.

1.2 Updates to Terms

We reserve the right to modify these Terms at any time, at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email if you have an account
• Display a prominent notice in the App
• Require your acceptance for significant changes

Your continued use of the Services after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you must stop using the Services and may delete your account.

2. Medical Disclaimer

IMPORTANT MEDICAL DISCLAIMER - PLEASE READ CAREFULLY

Migraine Trail is a wellness and tracking application, NOT a medical device or healthcare service. The Services are designed to help you organize and track information about your migraines, but they are not intended to and do not provide medical advice, diagnosis, treatment, or professional healthcare services.

2.1 Not a Substitute for Medical Care

The information, features, insights, forecasts, and data provided by the App:

• Are for informational and educational purposes only
• Do NOT constitute medical advice or professional healthcare guidance
• Should NOT be used as a substitute for professional medical advice, diagnosis, or treatment
• Should NOT be relied upon for making healthcare decisions
• Are NOT validated, approved, or regulated by any medical or governmental authority

2.2 Consult Healthcare Professionals

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding:

• A medical condition, symptom, or health concern
• Any medication, treatment, or therapy
• Changes to your health status
• Interpretation of patterns or data from the App

Never disregard professional medical advice or delay seeking it because of information provided by our Services.

2.3 Emergency Situations

If you are experiencing a medical emergency, call emergency services (911 in the US, or your local emergency number) immediately. Do not rely on the App for emergency medical assistance.

Seek immediate medical attention if you experience:

• Sudden, severe headache unlike any you've had before
• Headache with fever, stiff neck, confusion, seizures, double vision, numbness, or difficulty speaking
• Headache after a head injury
• Chronic headache that worsens after coughing, exertion, straining, or sudden movement
• New headache pain after age 50

2.4 Weather Risk Forecasts

Our weather-based migraine risk forecasts are:

• Based on general atmospheric patterns and peer-reviewed research
• Not personalized medical predictions
• For informational purposes only
• Not guaranteed to be accurate for any individual
• Should not be solely relied upon for making medical decisions

2.5 Voice Processing and AI

Our AI-powered voice processing feature extracts information from your voice descriptions but:

• May make errors in transcription or interpretation
• Requires your review and confirmation before saving
• Should not be considered medically accurate without verification
• Is a convenience tool, not a diagnostic tool

2.6 No Doctor-Patient Relationship

Use of our Services does not create a doctor-patient, therapist-patient, or any other healthcare professional-patient relationship. We are not healthcare providers, and our team members are not acting as your healthcare providers.

2.7 Accuracy of Information

While we strive to provide accurate and up-to-date information, we make no representations or warranties about:

• The accuracy, reliability, or completeness of any health information
• The suitability of any information for your specific situation
• The outcomes you may experience from using our Services

2.8 FDA and Regulatory Status

Migraine Trail has not been evaluated or approved by the U.S. Food and Drug Administration (FDA), European Medicines Agency (EMA), or any other regulatory body. Our Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS MEDICAL DISCLAIMER, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old (or 16 in the European Economic Area and the United Kingdom) to use our Services. If you are under 18 years old, you represent that you have permission from your parent or legal guardian to use our Services, and your parent or guardian agrees to be bound by these Terms on your behalf.

We do not knowingly collect personal information from children under 13 (or 16 in the EEA and UK). If you are aware of anyone that does not comply with these limitations, please contact us at privacy@migrainetrail.com and we will take the necessary steps to delete or terminate their account.

3.2 Account Creation

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide Accurate Information: Provide true, accurate, current, and complete information during registration
• Maintain Accuracy: Maintain and promptly update your account information to keep it accurate and complete
• Account Security: Maintain the security and confidentiality of your account credentials
• Notify Us: Immediately notify us of any unauthorized use of your account or any other security breach
• Single Account: Maintain only one account (duplicate accounts may be terminated)

3.3 Account Responsibility

You are solely responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to maintain account security. You agree to notify us immediately of any unauthorized access to or use of your account.

3.4 Account Types

You may create an account using:

• Email: Passwordless authentication via magic link
• Apple Sign-In: Using your Apple ID
• Google Sign-In: Using your Google account

By using third-party authentication, you agree to comply with the applicable third party's terms of service.

4. License to Use

4.1 Limited License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the App on devices you own or control
• Access and use the Services for your personal, non-commercial use

4.2 License Restrictions

You may NOT:

• Modify or Copy: Copy, modify, adapt, translate, or create derivative works of the Services
• Reverse Engineer: Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services
• Distribute: Rent, lease, lend, sell, sublicense, or distribute the Services
• Remove Notices: Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) on the Services
• Commercial Use: Use the Services for commercial purposes without our express written permission
• Automated Access: Use bots, scrapers, or other automated means to access the Services
• Interfere: Interfere with or disrupt the Services or servers/networks connected to the Services
• Circumvent: Attempt to circumvent any access restrictions, security measures, or usage limits

4.3 Updates and Modifications

We may provide updates, patches, or modifications to the App from time to time. These updates may be automatically downloaded and installed. You consent to such automatic updates, which may change features, functions, or the overall appearance of the App. We are not obligated to provide any updates or to continue supporting particular features.

4.4 Beta Features

We may offer beta, experimental, or pre-release features. These features are provided "as is" without warranties and may not function properly. We may discontinue beta features at any time without notice.

5. User Responsibilities

5.1 Accurate Information

You are responsible for the accuracy and completeness of all information you enter into the App. While we provide tools to help you track your health, you are ultimately responsible for:

• Entering correct dates, times, and details
• Reviewing and verifying AI-extracted information from voice logs
• Maintaining accurate records
• Not relying solely on the App for critical health information

5.2 Data Backup

While we maintain backups of our systems, you are responsible for maintaining your own backups of important data. We recommend:

• Regularly exporting your data using the PDF export feature (Premium)
• Keeping offline records of critical health information
• Not relying solely on the App as your only record

5.3 Device Security

You are responsible for:

• Securing your device with passwords, biometrics, or other security measures
• Keeping your device's operating system and App updated
• Not allowing unauthorized persons to access your device or account
• Reporting lost or stolen devices that contain the App

5.4 Compliance with Laws

You agree to use the Services in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for ensuring your use complies with all applicable laws in your jurisdiction.

5.5 Mobile Device Data Charges

Please note that your mobile carrier's normal rates and fees, such as text messaging and cellular data charges, will still apply if you are using the App on a mobile device. You are solely responsible for any such fees incurred.

6. Subscriptions and Payments

6.1 Subscription Plans

We offer the following subscription plans:

• Free: Limited features (2 months history, 3 voice entries/month, 3-day weather forecast)
• Premium Monthly: Recurring monthly subscription with full features
• Premium Annual: Recurring annual subscription with full features at discounted rate
• Lifetime: One-time payment for permanent access to Premium features

6.2 Billing and Payments

All payments are processed through the Apple App Store or Google Play Store. By purchasing a subscription, you agree to:

• Pay all fees associated with your chosen subscription plan
• Provide current, complete, and accurate billing information
• Promptly update billing information if it changes
• Pay all charges incurred under your account

We do not directly collect or store your payment card information. All payment processing is handled by Apple or Google in accordance with their terms.

6.3 Recurring Subscriptions

Monthly and Annual subscriptions automatically renew at the end of each billing period unless canceled. By purchasing a recurring subscription, you authorize Apple or Google to charge your payment method:

• Immediately for the first billing period
• Automatically at the start of each subsequent billing period
• At the then-current subscription rate (with advance notice of price changes)

6.4 Price Changes

We reserve the right to change subscription prices at any time. For existing subscribers:

• Price changes will not affect your current billing period
• We will provide at least 30 days' advance notice of price changes
• You will be charged the new price starting with your next billing cycle
• You may cancel before the new price takes effect if you do not agree

6.5 Cancellation

You may cancel your subscription at any time:

• How to Cancel: Through your Apple App Store or Google Play Store account settings (not through the App itself)
• Effect: Cancellation prevents future charges but does not provide a refund for the current billing period
• Access: You retain access to Premium features until the end of your current billing period
• After Expiration: Your account reverts to Free tier after your subscription expires

6.6 Lifetime Subscriptions

Lifetime subscriptions:

• Are one-time purchases that grant permanent access to Premium features
• Do not automatically renew
• Are non-refundable except as required by law
• Are valid for the lifetime of the Services (see section 14.3)
• Are tied to your account and cannot be transferred

6.7 Refund Policy

Refund requests are handled by Apple or Google in accordance with their refund policies:

• Apple App Store: Apple Refund Policy
• Google Play Store: Google Refund Policy

We cannot process refunds directly. All refund requests must be submitted through the respective app store.

6.8 Free Trial

We may offer free trial periods for Premium subscriptions. By accepting a free trial:

• You authorize us to charge your payment method automatically when the trial ends
• You may cancel anytime during the trial to avoid being charged
• Only one free trial per user (duplicate accounts will not receive additional trials)
• Trial terms may vary and will be disclosed at sign-up

6.9 Promotional Offers

We may offer promotional discounts or special offers from time to time. These offers:

• Are subject to specific terms disclosed at the time of the offer
• May be limited in duration, quantity, or eligibility
• Cannot be combined with other offers unless stated
• May be modified or discontinued at any time

6.10 Taxes

Prices do not include applicable sales, use, or value-added taxes unless stated otherwise. You are responsible for paying all applicable taxes associated with your purchase. Taxes are calculated and collected by Apple or Google based on your billing address.

7. Prohibited Conduct

You agree NOT to engage in any of the following prohibited activities:

7.1 Illegal Activities

• Use the Services for any illegal purpose or in violation of any laws
• Promote or facilitate illegal activity
• Violate any applicable export control laws

7.2 Abuse and Misconduct

• Harass, abuse, threaten, or intimidate other users or our staff
• Impersonate any person or entity
• Provide false or misleading information to us
• Create multiple accounts to circumvent restrictions or limitations

7.3 Security Violations

• Attempt to gain unauthorized access to the Services or other users' accounts
• Interfere with security-related features
• Introduce viruses, malware, or malicious code
• Probe, scan, or test vulnerabilities of the Services
• Circumvent authentication or security measures

7.4 System Abuse

• Overload, flood, spam, or overwhelm the Services
• Use automated systems (bots, scrapers) to access the Services
• Manipulate usage metrics or analytics
• Create artificial accounts or generate fake data

7.5 Intellectual Property Violations

• Infringe or misappropriate our or any third party's intellectual property rights
• Remove, alter, or obscure copyright, trademark, or other proprietary notices
• Use our trademarks, logos, or branding without permission

7.6 Commercial Misuse

• Use the Services for unauthorized commercial purposes
• Resell, redistribute, or sublicense access to the Services
• Use the Services to compete with us
• Extract data for commercial databases or services

7.7 Consequences

Violation of these prohibitions may result in:

• Immediate termination of your account
• Legal action and liability for damages
• Reporting to law enforcement authorities
• Cooperation with legal investigations

8. Intellectual Property Rights

8.1 Ownership

The Services, including all content, features, functionality, software, user interfaces, visual designs, graphics, logos, trademarks, and all intellectual property rights therein, are owned by Migraine Trail, its licensors, or other providers of such material.

The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries.

8.2 Our Trademarks

"Migraine Trail," our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Migraine Trail. You may not use such marks without our prior written permission. All other names, logos, and marks are the property of their respective owners.

8.3 Limited Use

Subject to these Terms, you may access and use the Services for your personal, non-commercial use only. Any other use requires our express written permission.

8.4 Feedback

If you provide us with any feedback, suggestions, ideas, or other information relating to the Services ("Feedback"), you:

• Grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback
• Waive any rights to compensation for such Feedback
• Represent that you have the right to provide such Feedback

We are not obligated to use your Feedback, but if we do, we may do so without attribution or compensation.

8.5 Copyright Infringement

We respect intellectual property rights. If you believe any content on our Services infringes your copyright, please contact us at legal@migrainetrail.com with:

• A description of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material is located
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

9. User-Generated Content

9.1 Your Content

The Services allow you to create, upload, and store content, including migraine entries, notes, voice recordings, and other data (collectively, "Your Content"). You retain ownership of Your Content.

9.2 License Grant to Us

By uploading Your Content to the Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit Your Content as necessary to provide the Services
• Create backups and derivative formats for operational purposes
• Use Your Content to improve and develop our Services (in aggregated, de-identified form only)

We will NOT:

• Sell or share your individual health data with third parties
• Use Your Content for advertising targeted to you based on your health information
• Publicly display Your Content without your permission

9.3 Content Responsibility

You are solely responsible for Your Content and represent and warrant that:

• You own or have the necessary rights to use and authorize us to use Your Content
• Your Content does not violate any third party's rights (including intellectual property, privacy, or publicity rights)
• Your Content is accurate (to the best of your knowledge)
• Your Content complies with these Terms and applicable laws

9.4 Content Monitoring

We have no obligation to monitor Your Content but reserve the right to:

• Review Your Content for compliance with these Terms
• Remove or disable access to Your Content that violates these Terms
• Report illegal content to authorities

We will respect your privacy and will not review Your Content except as necessary to provide the Services, ensure compliance, or as required by law.

9.5 Content Deletion

You may delete Your Content at any time:

• Delete individual entries through the App
• Delete your entire account to remove all content

Upon deletion, Your Content will be removed as described in our Privacy Policy (typically within 30 days for production systems, 90 days for backups).

10. Third-Party Services and Links

10.1 Third-Party Services

The Services integrate with third-party services, including:

• Apple Sign-In and Google Sign-In (authentication)
• RevenueCat (subscription management)
• Gemini API (voice processing)
• Weather data providers
• Cloud infrastructure providers

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third parties.

10.2 Third-Party Links

The Services may contain links to third-party websites or services. These links are provided for your convenience only. We do not:

• Endorse or approve any third-party content, products, or services
• Control third-party websites or services
• Assume responsibility for their content or practices
• Make any representations or warranties regarding them

Your use of third-party websites is at your own risk and subject to their terms and policies.

10.3 App Store Terms

If you downloaded the App from the Apple App Store or Google Play Store:

• You acknowledge that these Terms are between you and Migraine Trail, not Apple or Google
• Apple and Google are not responsible for the App or its content
• Apple and Google have no obligation to provide maintenance or support for the App
• Apple and Google are not responsible for addressing any claims by you or third parties relating to the App
• Apple and Google are third-party beneficiaries of these Terms and may enforce them

11. Disclaimer of Warranties

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

11.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY: The Services will meet your requirements or be suitable for any particular purpose
• FITNESS FOR A PARTICULAR PURPOSE: The Services are fit for tracking migraines or any health-related purpose
• NON-INFRINGEMENT: The Services do not infringe third-party rights
• ACCURACY: Information provided by the Services is accurate, complete, or reliable
• QUALITY: The Services are error-free, virus-free, or will operate without interruption
• RESULTS: You will achieve any particular results from using the Services

11.2 No Medical Warranties

WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT:

• The Services provide medical advice or can diagnose, treat, cure, or prevent any health condition
• Weather risk forecasts will accurately predict your migraines
• Pattern analysis or insights will be accurate or useful for you
• Voice processing will accurately capture your statements
• The Services are suitable for managing medical conditions

11.3 No Guarantee of Availability

We do not warrant that:

• The Services will be available at all times or without interruption
• The Services will be free from errors, bugs, or security vulnerabilities
• Defects will be corrected
• Your data will not be lost or corrupted

11.4 Your Risk

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICES.

11.5 Jurisdiction-Specific Rights

Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights.

12. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MIGRAINE TRAIL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• INDIRECT DAMAGES: Any indirect, incidental, special, consequential, or punitive damages
• LOSS OF USE: Loss of use, data, profits, goodwill, or other intangible losses
• PERSONAL INJURY: Personal injury or property damage of any nature
• UNAUTHORIZED ACCESS: Unauthorized access to or use of our servers or your personal information
• INTERRUPTION: Interruption or cessation of the Services
• BUGS OR ERRORS: Bugs, viruses, errors, or inaccuracies in the Services
• THIRD PARTIES: Acts or omissions of third parties
• USER CONTENT: Content, actions, or inactions of any user

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to us in the 12 months preceding the claim, OR
• $100 USD

12.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, which allocate risk between us and form a basis of the bargain between the parties.

12.4 Jurisdiction-Specific Rights

Some jurisdictions do not allow limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Migraine Trail, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party, including intellectual property, privacy, or publicity rights
• Your Content or any content you submit, post, or transmit through the Services
• Your negligence or willful misconduct
• Any claim that Your Content caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of these claims.

14. Service Availability and Changes

14.1 Modifications to Services

We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time
• Change features, functionality, or user interface
• Impose limits on certain features or restrict access to parts of the Services
• Remove content or features without notice

We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

14.2 Service Interruptions

The Services may be unavailable due to:

• Scheduled maintenance (we will try to provide advance notice)
• Emergency maintenance
• Technical difficulties
• Issues with third-party services (hosting, authentication, etc.)
• Acts of God, natural disasters, or force majeure events

We are not liable for any inconvenience, loss, or damage resulting from service interruptions.

14.3 Service Discontinuation

If we decide to permanently discontinue the Services, we will:

• Provide at least 90 days' advance notice
• Allow you to export your data
• Provide pro-rated refunds for unused portions of annual subscriptions (at our discretion)

Lifetime subscriptions grant access for the lifetime of the Services, not your lifetime. If we discontinue the Services, lifetime subscriptions do not entitle you to refunds.

15. Termination

15.1 Termination by You

You may terminate your account at any time:

• Delete your account in the App (Settings → Manage Account → Delete Account)
• Email us at hello@migrainetrail.com requesting account deletion

Upon termination:

• Your data will be deleted as described in our Privacy Policy
• You will lose access to the Services
• Subscriptions will be canceled (but you will not receive refunds for the current billing period)

15.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, for:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Failure to pay subscription fees
• Extended periods of inactivity
• Any reason at our sole discretion

15.3 Effect of Termination

Upon termination of your account:

• Your license to use the Services immediately terminates
• You must stop using the Services
• You must delete the App from all devices
• We will delete your data as described in our Privacy Policy
• Provisions of these Terms that by their nature should survive termination will survive (including disclaimers, limitations of liability, indemnification)

15.4 No Refunds

Termination does not entitle you to refunds for:

• Unused portions of subscription periods
• Lifetime subscriptions (as termination ends the service)
• Any other fees paid

Exception: Refunds may be available through Apple or Google in accordance with their refund policies.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at legal@migrainetrail.com. We will try to resolve the dispute informally by contacting you via email.

If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.

16.2 Binding Arbitration

You and Migraine Trail agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved through binding arbitration, except as set forth below.

Arbitration Rules:

• The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration will be conducted by a single neutral arbitrator
• The arbitration will take place in [jurisdiction] or another location mutually agreed upon
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

16.3 Exceptions to Arbitration

Either party may bring a lawsuit in court for:

• Claims of intellectual property infringement or misappropriation
• Claims seeking injunctive relief
• Small claims court actions (if requirements are met)

16.4 Class Action Waiver and Jury Trial Waiver

YOU AND MIGRAINE TRAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND MIGRAINE TRAIL UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.

16.5 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.

16.6 Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to:

Your opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement.

16.7 Jurisdiction-Specific Provisions

If you are a resident of the European Union, United Kingdom, Switzerland, Norway, Iceland, or any other jurisdiction where this arbitration clause is prohibited by mandatory consumer protection law, this clause does not apply to you. Instead, disputes will be resolved in court as described in section 17.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

17.2 Jurisdiction and Venue

For disputes not subject to arbitration (see section 16), you agree that:

• Exclusive jurisdiction lies with the state and federal courts located in Georgia, United States
• You consent to personal jurisdiction and venue in these courts
• You waive any objection to venue or inconvenient forum

17.3 Global Consumer Protection (EU, UK, and Rest of World)

If you are a consumer residing in the European Union, United Kingdom, Switzerland, Norway, Iceland, or any other region where the local governing law cannot be overridden by contract:

• The governing law and forum shall be the mandatory consumer protection laws and courts of your usual place of residence
• Nothing in these Terms affects your statutory rights as a consumer
• You may bring legal proceedings in the courts of your country of residence

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and Migraine Trail regarding the Services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

18.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, pandemics
• War, terrorism, civil disturbance
• Government actions, orders, or regulations
• Failures of third-party services or infrastructure
• Internet or telecommunications failures

18.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Migraine Trail. Exception: Apple and Google are third-party beneficiaries for App Store provisions.

18.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict between the English version and a translation, the English version shall prevail.

18.8 Headings

The section and paragraph headings in these Terms are for convenience only and have no legal or contractual effect.

18.9 Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications may include notices, agreements, disclosures, or other information. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

18.10 Export Controls

The Services may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not:

• Located in a country subject to U.S. government embargo
• Listed on any U.S. government list of prohibited or restricted parties

19. Contact Information

If you have questions about these Terms, please contact us:

Additional Resources:

• Privacy Policy
• Cookie Policy
• Health Data Privacy Notice
• Help Center

By using Migraine Trail, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.