Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Heroic Apps LLC ("Company," "we," "us," or "our") governing your access to and use of the Headache Hero mobile application (the "App" or "Service").

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after such modifications constitutes your acceptance of the revised Terms.

2. Eligibility

To use the App, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the App under applicable laws

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Service

Headache Hero is a mobile application designed to help users track and manage migraine and headache episodes. The App provides the following features:

Features (Subscription Required):

• Migraine and headache logging (date, time, duration, intensity, location)
• Trigger, symptom, and relief method tracking
• Medication tracking
• Weather and barometric pressure correlation
• Pattern analysis and insights
• Local notifications and reminders
• PDF report generation and export
• Cloud backup and synchronization
• Advanced analytics and insights
• Weather-based migraine risk alerts

The specific features available may vary and are subject to change at our discretion.

4. IMPORTANT MEDICAL DISCLAIMER

THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.

4.1 Not Medical Advice

The information, content, and features provided by Headache Hero are for informational and personal tracking purposes only. The App does NOT provide:

• Medical advice
• Medical diagnosis
• Medical treatment recommendations
• Professional healthcare guidance
• Emergency medical services

4.2 Consult Healthcare Professionals

You should ALWAYS:

• Consult with a qualified healthcare provider before making any decisions regarding your health
• Seek professional medical advice for any health concerns or symptoms
• Not delay seeking medical attention based on information from this App
• Not use the App as a substitute for professional medical consultation

4.3 Emergency Situations

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES (911 IN THE UNITED STATES) IMMEDIATELY. DO NOT RELY ON THIS APP FOR EMERGENCY MEDICAL ASSISTANCE.

4.4 No Doctor-Patient Relationship

Use of the App does not create a doctor-patient relationship, healthcare provider relationship, or any other professional relationship between you and Heroic Apps LLC.

4.5 Accuracy of Health Information

While we strive to provide useful tracking tools, we make no representations or warranties regarding:

• The accuracy of any health-related correlations or patterns identified
• The effectiveness of any triggers, symptoms, or relief methods tracked
• The reliability of weather-based migraine predictions
• The completeness of any analytics or insights generated

The patterns and correlations shown in the App are based solely on the data you enter and statistical analysis. They should not be interpreted as medical findings or diagnoses.

4.5.1 Correlation vs. Causation

All insights, patterns, and analytics provided by the App represent statistical correlations based on your logged data. These correlations do not establish causation and should not be interpreted as:

• Evidence that specific triggers cause your migraines
• Proof that specific factors prevent your migraines
• Medical evidence of any kind

You should discuss any patterns you observe with a qualified healthcare provider before making any health-related decisions.

4.6 Medication Information

The medication tracking feature is intended solely for your personal record-keeping. We do not:

• Provide information about medication dosages, interactions, or side effects
• Recommend starting, stopping, or changing any medication
• Replace consultation with a pharmacist or physician

BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR HEALTH DECISIONS AND THAT HEROIC APPS LLC SHALL NOT BE LIABLE FOR ANY HEALTH OUTCOMES RELATED TO YOUR USE OF THE APP.

5. Account Registration and Security

5.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account

5.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

5.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct that may harm other users or the App
• Extended periods of inactivity

6. Subscriptions and Payments

6.1 Subscription Plans

The App offers premium subscription plans that provide access to additional features. Subscription details, including pricing and features, are displayed in the App at the time of purchase.

6.2 Payment Processing

All payments are processed through the Apple App Store (iOS) or Google Play Store (Android). By subscribing, you agree to the payment terms of the respective platform:

• Apple App Store Terms
• Google Play Terms

We do not directly collect or store your payment card information. All payment transactions are handled by Apple or Google.

6.3 Subscription Terms

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• Subscription prices may change, but we will notify you in advance of any price increases
• You can manage and cancel your subscription through your device's App Store or Play Store settings

6.4 Free Trials

If we offer a free trial:

• The trial period length will be specified at sign-up
• Your subscription will automatically convert to a paid subscription at the end of the trial unless canceled
• Unused portions of a free trial are forfeited when you purchase a subscription

6.5 Refunds

Refund requests are handled by Apple or Google according to their respective refund policies. We do not process refunds directly. To request a refund:

• iOS: Contact Apple Support or request through your purchase history
• Android: Contact Google Play Support or request through your order history

6.6 Subscription Management

You may manage your subscription, including cancellation, through:

• iOS: Settings > [Your Name] > Subscriptions
• Android: Google Play Store > Menu > Subscriptions

You can also access subscription management through the Customer Center feature in the App, powered by RevenueCat.

7. User Content and Data

7.1 Your Data

You retain ownership of the health data, migraine records, and other personal information you enter into the App ("User Content"). By using the App, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the Service to you.

7.2 Data Accuracy

You are responsible for the accuracy and completeness of the User Content you enter. We are not responsible for any consequences arising from inaccurate or incomplete data.

7.3 Cloud Backup

If you enable cloud backup, your User Content will be stored on our servers (via Firebase/Google Cloud) to enable synchronization across devices. You may disable cloud backup or delete your cloud data at any time through the App settings.

7.4 Data Export

You may export your data in PDF format using the App's export features. This allows you to maintain a personal copy of your records.

7.5 Data Deletion

You may delete your User Content and account at any time. Upon deletion:

• Local data will be removed from your device
• Cloud backup data will be deleted within 30 days
• Some data may be retained as required by law or for legitimate business purposes

8. Acceptable Use Policy

You agree NOT to use the App to:

8.1 Illegal Activities

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or illegal activities

8.2 Harmful Conduct

• Harass, abuse, threaten, or harm others
• Impersonate any person or entity
• Submit false, misleading, or fraudulent information

8.3 Technical Interference

• Attempt to gain unauthorized access to the App, servers, or systems
• Introduce viruses, malware, or other malicious code
• Interfere with or disrupt the App's functionality or infrastructure
• Reverse engineer, decompile, or disassemble the App
• Circumvent any security features or access controls
• Use automated systems (bots, scrapers) to access the App

8.4 Misuse of Service

• Use the App for any purpose other than personal migraine/headache tracking
• Resell, redistribute, or commercially exploit the App
• Use the App to collect data about other users

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the App.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by Heroic Apps LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 Limited License

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 your personal mobile device
• Use the App for your personal, non-commercial migraine/headache tracking purposes

9.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the App
• Rent, lease, lend, sell, redistribute, or sublicense the App
• Remove, alter, or obscure any proprietary notices
• Use our trademarks, logos, or brand elements without written permission

9.4 Trademarks

"Headache Hero," "Heroic Apps," and associated logos are trademarks of Heroic Apps LLC. All other trademarks, service marks, and trade names are the property of their respective owners.

9.5 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the App without any obligation to you.

10. Third-Party Services

10.1 Third-Party Integrations

The App integrates with and relies upon third-party services, including but not limited to:

• Firebase (Google) for authentication, storage, and analytics
• RevenueCat for subscription management
• WeatherAPI.com for weather data
• Apple App Store and Google Play Store for distribution and payments

Your use of these third-party services is subject to their respective terms of service and privacy policies.

10.2 Third-Party Links

The App may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of these external sites. Accessing third-party links is at your own risk.

10.3 No Endorsement

Reference to any third-party products, services, or websites does not constitute an endorsement or recommendation by us.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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

• Merchantability: We do not warrant that the App is fit for any particular purpose or meets your requirements
• Fitness for a Particular Purpose: We do not warrant that the App will achieve any specific health outcomes
• Non-Infringement: We do not warrant that the App does not infringe any third-party rights
• Accuracy: We do not warrant that any information, analytics, or insights provided by the App are accurate, complete, or reliable
• Availability: We do not warrant uninterrupted, timely, secure, or error-free operation of the App
• Security: We do not warrant that the App is free from viruses or other harmful components
• Data Preservation: We do not warrant that your data will be preserved without loss or corruption

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 No Consequential Damages

IN NO EVENT SHALL HEROIC APPS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Loss of goodwill or reputation
• Cost of substitute services
• Any damages arising from:
  • Your use of or inability to use the App
  • Any errors, mistakes, or inaccuracies in the App
  • Unauthorized access to or alteration of your data
  • Statements or conduct of any third party
  • Any other matter relating to the App

12.2 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the twelve (12) months preceding the claim, or
• One hundred US dollars ($100)

12.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12.5 Health-Related Disclaimer

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY HEALTH OUTCOMES, MEDICAL DECISIONS, OR CONSEQUENCES ARISING FROM YOUR USE OF THE APP OR RELIANCE ON ANY INFORMATION PROVIDED BY THE APP.

13. Indemnification

You agree to defend, indemnify, and hold harmless Heroic Apps LLC, its 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 violation of these Terms
• Your violation of any third-party rights
• Your use or misuse of the App
• Your User Content
• Any claim that your User Content caused damage to a third party
• Your violation of any applicable law or regulation
• Any unauthorized access to or use of our servers and/or any personal information stored therein

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

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Kansas, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at loading... to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least thirty (30) days.

14.3 Binding Arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND HEROIC APPS LLC AGREE TO RESOLVE ANY CLAIMS RELATING TO THESE TERMS OR THE APP THROUGH FINAL AND BINDING ARBITRATION, except as set forth below.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

14.4 Class Action Waiver

YOU AND HEROIC APPS LLC 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.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.5 Exceptions

The following claims are exempt from the arbitration agreement:

• Claims that may be brought in small claims court
• Claims seeking injunctive or equitable relief for intellectual property infringement

14.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to loading... within thirty (30) days of first accepting these Terms. If you opt out, you and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Kansas, United States.

15. Termination

15.1 Termination by You

You may terminate your account and stop using the App at any time by:

• Deleting your account through the App settings
• Uninstalling the App from your device
• Contacting us at loading...

15.2 Termination by Us

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws
• Fraudulent or illegal activity
• Extended inactivity
• Our decision to discontinue the App

15.3 Effects of Termination

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and User Content (subject to legal retention requirements)
• Active subscriptions will not be refunded (pro-rated refunds are at our sole discretion)
• Provisions of these Terms that by their nature should survive termination shall survive (including Sections 4, 9, 11, 12, 13, 14, and this Section 15)

16. Changes to the App

We reserve the right to:

• Modify, suspend, or discontinue the App (or any part thereof) at any time
• Add or remove features or functionality
• Change subscription pricing (with advance notice)
• Impose limits on certain features or restrict access

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

17. Geographic Restrictions

The App is intended for use globally; however, we make no representations that the App is appropriate or available for use in all locations. If you access the App from outside the United States, you are responsible for compliance with local laws.

18. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

19. U.S. Government Rights

If you are a U.S. government entity or the App is being acquired on behalf of the U.S. government, the App is provided with "RESTRICTED RIGHTS" as defined in 48 C.F.R. 2.101.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Heroic Apps LLC.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in the App, constitute the entire agreement between you and Heroic Apps LLC regarding the App and supersede all prior agreements, understandings, and communications.

23. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction.

24. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

25. Notices

We may provide notices to you via:

• Email to the address associated with your account
• In-App notifications
• Posting on the App

You may provide notices to us at loading.... Notices are deemed received when sent by email (at time of sending) or posted in the App (at time of posting).

26. Contact Information

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

Heroic Apps LLC
Email: loading...

27. Acknowledgment

BY USING THE HEADACHE HERO APP, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms and Conditions
2. You have read and understood our Privacy Policy
3. You agree to be bound by these Terms and our Privacy Policy
4. You understand that the App is NOT a medical device and does NOT provide medical advice
5. You will consult healthcare professionals for medical decisions
6. You are at least 13 years of age (or have parental consent if under 18)