Terms of Service

1. Agreement to Terms

By downloading, installing, or using ProAct ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, please don't use the App.

These Terms constitute a legal agreement between you and ProAct ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the App constitutes acceptance of any changes.

3. Description of Service

ProAct provides the following services:

• AI-powered migraine risk predictions based on health metrics, environmental factors, and personal history
• Migraine attack logging and tracking
• Wellness protocol recommendations
• Pattern insights and analytics
• Push notifications for elevated risk alerts

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

4. Eligibility

To use ProAct, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into this agreement
• Not be prohibited from using the App under applicable laws

By using the App, you represent and warrant that you meet these eligibility requirements.

5. Your Responsibilities

When using ProAct, you agree to:

• Provide accurate information when logging attacks and health data
• Keep your device secure and not share access with others
• Use the App only for its intended purpose
• Not attempt to reverse engineer, hack, or compromise the App
• Not use the App for any illegal or unauthorized purpose
• Comply with all applicable laws and regulations

6. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

Key points:

• Health data from HealthKit is processed transiently and not stored on our servers
• You can delete your data at any time
• We do not sell your data to third parties
• We use industry-standard security measures

7. Subscriptions and Payments

Free and Paid Features

ProAct offers both free features and premium subscription tiers. Some features require an active subscription.

Subscription Terms

• Billing: Subscriptions are billed through Apple's App Store. Payment will be charged to your Apple ID account at confirmation of purchase.
• Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
• Cancellation: You can cancel your subscription at any time through your Apple ID settings. Cancellation takes effect at the end of the current billing period.
• Price changes: We may change subscription prices with notice. Price changes won't affect your current billing period.

Refunds

Refunds are handled by Apple according to their refund policy. Contact Apple Support for refund requests.

8. Intellectual Property

The App and its original content, features, and functionality are owned by ProAct and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or distribute the App's content
• Use our trademarks without permission
• Reverse engineer or attempt to extract the source code
• Create derivative works based on the App

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• No warranties: The App is provided "as is" and "as available" without warranties of any kind, either express or implied
• No guarantee of accuracy: We do not guarantee the accuracy, completeness, or usefulness of any predictions or information
• Limitation of damages: In no event shall ProAct be liable for any indirect, incidental, special, consequential, or punitive damages
• Maximum liability: Our total liability shall not exceed the amount you paid us in the twelve (12) months prior to the claim

Some jurisdictions do not allow limitations on implied warranties or liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProAct and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you provide to the App

11. Third-Party Services

The App may integrate with or link to third-party services (Apple HealthKit, payment processors, etc.). We are not responsible for:

• The availability or accuracy of third-party services
• The content, products, or services on third-party websites
• Any damage or loss caused by third-party services

Your use of third-party services is governed by their respective terms and privacy policies.

12. Termination

By you: You may stop using the App at any time. You can request deletion of your data by contacting us.

By us: We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice, including for:

• Violation of these Terms
• Conduct that we believe is harmful to other users or us
• Extended periods of inactivity

Upon termination, your right to use the App ceases immediately. Provisions that should survive termination (such as limitation of liability) will remain in effect.

13. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be resolved in the courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Informal resolution: Before filing any legal claim, you agree to try to resolve the dispute informally by contacting us at support@proactmigraine.com. We'll try to resolve the dispute within 30 days.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class action waiver: You agree to resolve disputes only on an individual basis and not as part of any class or representative action.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ProAct regarding your use of the App and supersede all prior agreements, understandings, and communications.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or by other means. Your continued use of the App after changes constitutes acceptance of the modified Terms.

We encourage you to review these Terms periodically for any changes.

18. Contact Us

For questions about these Terms, please contact us:

• Email: support@proactmigraine.com