Migrelle — Terms of Service & End User License Agreement
Last updated: [DATE]
Draft for review. This document is a draft and must be reviewed by a qualified lawyer
before publication. Placeholders in `[BRACKETS]` must be completed by the developer.
These Terms of Service ("Terms") are a legal agreement between you and [LEGAL ENTITY NAME], [REGISTERED ADDRESS], Poland (EU) ("we", "us", "Migrelle") governing your use of the Migrelle mobile application and related services (the "App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
Please also read our [Privacy Policy](./privacy-policy.md) and our [Medical Disclaimer](./medical-disclaimer.md), which are incorporated into these Terms by reference.
1. Important: Migrelle is not medical care
Migrelle is a wellness and self-tracking tool that provides informational insights. It is **not a medical device and does not provide medical diagnosis, prediction, or treatment. It is not a substitute for professional medical advice.** Always consult a qualified healthcare professional. In an emergency, contact your local emergency number. The full [Medical Disclaimer](./medical-disclaimer.md) forms part of these Terms — please read it.
2. License
Subject to these Terms, we grant you a **limited, personal, non-exclusive, non-transferable, revocable license** to install and use the App on devices you own or control, for your own personal, non-commercial use. We (and our licensors) retain all rights not expressly granted.
3. Acceptable use
You agree not to:
- use the App for anything unlawful or in violation of these Terms; - copy, modify, distribute, sell, sublicense, reverse-engineer, decompile, or attempt to derive the source code of the App, except to the extent this restriction is prohibited by applicable law; - circumvent, disable, or interfere with security or encryption features, or with the operation of the App or our servers; - attempt to access data of other users, or our systems, without authorization; - use the App to build a competing product or to scrape or extract our content.
4. Your account
- An account is optional and is only needed for encrypted backup and cross-device sync. You can use the App locally without one. - You are responsible for keeping your account credentials and your recovery code safe. - Critical (zero-knowledge encryption): your data is end-to-end encrypted and only you hold the key. We cannot reset your key or recover your encrypted backup. If you lose access to all of your devices and your recovery code, your backed-up data is permanently unrecoverable. You accept this as a condition of using encrypted backup. See the Privacy Policy for details. - You must be at least [MINIMUM AGE — assumption: 16] years old to use the App.
5. Subscriptions, free trial, billing and cancellation
Migrelle is free to download with optional premium features available via subscription ("Migrelle Premium").
- Plans and pricing. Premium is offered as a Monthly, Annual, or Lifetime plan. Indicative pricing: Monthly [$5.99], Annual [$34.99], Lifetime [$59.99]. The exact price, currency, and any introductory or localized pricing are shown in the App at the time of purchase and may vary by region and over time. - Free trial. Premium may include a 7-day free trial. Unless you cancel at least 24 hours before the trial ends, it automatically converts to a paid subscription and you will be charged. - Auto-renewal. Monthly and Annual subscriptions renew automatically at the then-current price until cancelled. Your account is charged for renewal within 24 hours before the end of the current period. Lifetime is a one-time purchase, not a recurring subscription. - Billing is handled by the stores. All payments are processed by Apple (App Store) or Google (Google Play) under their terms. We do not receive your payment details. - Managing and cancelling. You manage, change, or cancel your subscription **in your Apple or Google account settings**, not inside the App. Cancelling stops future renewals; you keep Premium until the end of the paid period. - Refunds. Purchases are handled by Apple/Google, so **refunds are governed by their policies and applicable consumer law.** We do not separately process refunds. Nothing here limits any non-waivable statutory withdrawal or refund rights you have under EU/Polish consumer law.
6. Intellectual property
The App, its design, branding ("Migrelle"), text, graphics, and software are owned by us or our licensors and are protected by law. These Terms do not transfer any ownership to you. **Your data is yours** — these Terms grant us no ownership of the content you record, and (because of encryption) no ability to read your health content.
7. Disclaimers
To the maximum extent permitted by law:
- The App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, or non-infringement. - We do not warrant that the App, its insights, statistics, correlations, or reports are accurate, complete, or suitable for any medical or diagnostic purpose. Insights are **informational patterns, not medical conclusions.** - We do not warrant that the App will be uninterrupted, error-free, or secure, or that data (including local data) will never be lost. **You are responsible for your recovery code and for any device backups.**
Nothing in these Terms excludes liability that cannot be excluded under applicable law, including your mandatory rights as a consumer.
8. Limitation of liability
To the maximum extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, loss of profits, or loss of goodwill, arising from your use of (or inability to use) the App. - We are not liable for any health outcome, decision, or action taken in reliance on the App — the App is informational and is not medical advice. - We are not liable for data loss resulting from the zero-knowledge design, including loss of your recovery code or loss of all your devices. - To the extent we are liable, our total aggregate liability is limited to the greater of the amount you paid us for the App in the 12 months before the event giving rise to the claim, or [EUR 50].
These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under applicable Polish/EU law, including mandatory consumer protections.
9. Termination
You may stop using the App and delete your account at any time (**Settings → Account → Delete account**). We may suspend or terminate your access if you materially breach these Terms or use the App unlawfully. On termination, the license in Section 2 ends; Sections that by their nature should survive (e.g. IP, disclaimers, limitation of liability, governing law) continue to apply.
10. Governing law and jurisdiction
These Terms are governed by the laws of Poland and applicable EU law. Disputes are subject to the competent courts of [GOVERNING LAW CITY], Poland, **without prejudice to any mandatory consumer-protection rights** entitling you to bring proceedings in, or rely on the law of, your country of residence.
If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
11. Changes to these Terms
We may update these Terms as the App evolves or the law changes. We will update the "Last updated" date and, for material changes, notify you in the App. Continued use after changes take effect means you accept the updated Terms; if you don't agree, stop using the App and delete your account.
12. Contact
[LEGAL ENTITY NAME] — [CONTACT EMAIL] — [REGISTERED ADDRESS], Poland (EU)
*This is a draft pending legal review.*