1. Agreement to Terms

Welcome to MigraineArc. By downloading, installing, or using the MigraineArc mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Donovan / MigraineArc ("we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent or guardian’s permission to use the App. By using the App, you represent and warrant that you meet these requirements.

3. Health Data & Medical Disclaimer

3.1  Not Medical Advice

MigraineArc is a personal tracking tool designed to help you log and visualize episodic health experiences. The App is not a medical device and does not provide medical advice, diagnosis, or treatment. Nothing in the App should be interpreted as a substitute for professional medical advice.

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard or delay seeking professional medical advice because of something you have read or seen in the App.

3.2  Health Data You Provide

The App allows you to record personal health-related information, including but not limited to:

• Symptom severity and duration

• Medication usage

• Potential triggers such as sleep, stress, food, and weather

• Freeform notes and personal observations

This data is stored securely in our systems and used solely to provide the App’s features to you. We do not sell your health data. For full details, please review our Privacy Policy.

3.3  Accuracy of Data

Insights and patterns generated by the App are based solely on data you have entered. The accuracy of any analysis is dependent on the completeness and accuracy of your entries. We make no guarantees regarding the accuracy, completeness, or usefulness of any pattern or insight displayed.

4. User-Generated Content & Notes

The App allows you to input freeform notes and observations ("User Content"). You retain ownership of all User Content you submit. By submitting User Content, you grant us a limited, non-exclusive license to store and process that content solely for the purpose of providing the App’s features to you.

You are solely responsible for the User Content you submit. You agree not to submit content that:

• Violates any applicable law or regulation

• Infringes the intellectual property rights of any third party

• Contains harmful, offensive, or misleading information

We reserve the right to remove any User Content that violates these Terms, though we have no obligation to monitor or review your private notes.

5. In-App Purchases (Arc+)

5.1  MigraineArc+ Subscription

MigraineArc offers a premium subscription tier called MigraineArc+ ("Arc+") which unlocks additional features beyond the free tier. Arc+ is available as a monthly or annual subscription and is billed through the applicable app store platform (Apple App Store or Google Play Store).

5.2  Billing & Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage or cancel your subscription at any time through your app store account settings. We do not directly process payments — all billing is handled by your app store provider.

5.3  Refunds

All purchases are subject to the refund policies of the applicable app store. We do not independently issue refunds for in-app purchases.

5.4  Free Tier

Core features of MigraineArc remain available at no cost. We reserve the right to adjust which features are available in the free tier or under Arc+ at any time, with reasonable advance notice to users.

6. Data Deletion & Account Termination

6.1  Your Right to Delete

You may request deletion of your account and all associated data at any time. To delete your account, navigate to Settings within the App and select "Delete Account," or contact us at the email address below. Upon confirmed deletion, your personal data will be permanently removed from our systems within 30 days, except where retention is required by law.

6.2  Effect of Deletion

Account deletion is permanent and irreversible. All episode history, notes, trends, and subscription benefits associated with your account will be permanently erased. We strongly recommend exporting your data before initiating deletion.

6.3  Termination by Us

We reserve the right to suspend or terminate your access to the App at our discretion if you violate these Terms, abuse the App, or engage in fraudulent activity. In such cases, you will not be entitled to a refund of any unused subscription period.

7. Service Discontinuation

7.1  Advance Notice

In the event that we decide to permanently shut down or discontinue MigraineArc, we will provide users with at least 30 days’ advance notice prior to the discontinuation date. Notice will be delivered via in-app notification and, where possible, via the email address associated with your account.

7.2  Data Export Window

During the notice period, you will have the opportunity to export your personal data, including your episode history and notes, in a portable format (such as CSV or JSON). We will make reasonable efforts to ensure the export feature remains functional throughout this window. After the discontinuation date, we cannot guarantee access to or recovery of your data.

7.3  Active Subscriptions

If you hold an active Arc+ subscription at the time of a discontinuation announcement, we will:

• Immediately cease billing for future subscription periods upon announcement

• Provide a prorated refund for any unused portion of a prepaid annual subscription where permitted by the applicable app store’s refund policies

• Ensure continued access to Arc+ features for the remainder of any already-paid billing period

Monthly subscribers will not be charged for any period that begins after the discontinuation announcement date.

7.4  No Ongoing Liability

Beyond the obligations described in this section, we shall have no further liability to you arising from the discontinuation of the App. We strongly encourage all users to periodically export their data regardless of any planned changes to the service.

8. Intellectual Property

All content, design, code, trademarks, and branding within the App are the property of MigraineArc and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the App without our prior written consent.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIGRAINEARC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING ANY RELIANCE ON HEALTH DATA OR INSIGHTS GENERATED BY THE APP.

11. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Travis County, Texas.

13. Contact Us

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

MigraineArc

Email: support@migrainearc.com

Website: migrainearc.com