Ember Migraine Tracker
Terms of Service
1. Acceptance of Terms
By downloading, installing, or using Ember - Migraine Tracker ("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.
2. Description of the App
Ember is a personal health tracking application that helps users log headache and migraine symptoms, track medication usage, and generate reports summarizing their headache patterns. The App is designed to support communication between patients and their healthcare providers.
3. Medical Disclaimer
The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition.
The App provides automated classifications (such as "migraine day" or "headache day") based on the symptom information you enter and published clinical criteria. These classifications are intended solely to assist in organizing your health data for discussion with your healthcare provider. They do not constitute a medical diagnosis.
The App may generate reports, chart notes, or clinical summaries. These outputs are informational tools designed to support, not replace, the clinical judgment of your healthcare provider.
You should:
- Always consult your healthcare provider before making any changes to your treatment plan.
- Not rely on the App as a substitute for professional medical advice, diagnosis, or treatment.
- Seek immediate medical attention if you experience a severe or unusual headache, sudden onset of the worst headache of your life, or any neurological emergency.
The information provided by the App about medication overuse risk, treatment response percentages, and disability scoring is for informational purposes only. Your healthcare provider is the appropriate person to interpret this data in the context of your individual medical history.
4. Eligibility
You must be at least 17 years of age to use the App. By using the App, you represent that you are at least 17 years old.
5. Subscription and Payment
Ember offers a 60-day free trial with full access to all features. After the trial period, continued use requires a subscription at $4.99 per month, billed through Apple's App Store.
- Payment is charged to your Apple ID account at confirmation of purchase.
- Your subscription automatically renews unless canceled at least 24 hours before the end of the current period.
- You can manage or cancel your subscription in your device's Settings under Subscriptions.
- If you experience financial hardship, contact us at hello@cascadeheadache.com to discuss options.
6. User Responsibilities
You are responsible for the accuracy of the information you enter into the App, maintaining the security of your device, any data you choose to share using the App's export features, and backing up your device if you wish to preserve your data.
7. Data and Privacy
All health data you enter into the App is stored locally on your device. We do not collect, transmit, or have access to your health data. For complete details, please review our Privacy Policy, which is incorporated into these Terms by reference.
Because your health data is stored only on your device, we cannot recover data if you delete the App or lose your device, we cannot access your data for any purpose, and you are solely responsible for your data and any backups.
8. Intellectual Property
The App, including its design, code, classification algorithms, report templates, and educational content, is the intellectual property of Cascade Headache, LLC. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use in accordance with these Terms.
You may not copy, modify, distribute, or create derivative works based on the App; reverse engineer, decompile, or disassemble the App; use the App for any commercial purpose without prior written consent; or remove or alter any proprietary notices in the App.
9. Classification Engine
The App uses an automated classification engine to categorize your daily entries as migraine days, headache days, or clear days. This classification is based on published clinical criteria and the specific symptom and medication data you enter.
You acknowledge that the classification engine uses standardized rules and cannot account for every individual clinical nuance; that classifications may differ from your healthcare provider's clinical assessment; that the classification engine is not customizable by individual users; and that your healthcare provider's clinical judgment always takes precedence over the App's automated classifications.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Cascade Headache, LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data resulting from device failure, app deletion, or failure to back up; any medical decisions made based on information provided by the app; inaccurate classifications resulting from incomplete or incorrect user-entered data; insurance claim denials or prior authorization outcomes, regardless of whether app-generated reports were used in the process; or any interruption or cessation of the app's functionality.
Our total liability for all claims arising out of or related to these terms or your use of the app shall not exceed the amount you paid for the app in the twelve months preceding the claim.
11. Disclaimer of Warranties
The app is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the App will be error-free or uninterrupted; that the classifications, reports, or calculations produced by the App will be accurate or complete in all circumstances; that the App will meet your specific requirements or expectations; or that defects in the App will be corrected.
12. Indemnification
You agree to indemnify, defend, and hold harmless Cascade Headache, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the App, your violation of these Terms, or your sharing of App-generated data with third parties.
13. Modifications to the App and Terms
We reserve the right to modify, suspend, or discontinue the App at any time without prior notice. We may also update these Terms from time to time. Material changes will be communicated through the App or by updating the "Last Updated" date. Your continued use of the App following any changes constitutes your acceptance of the revised Terms.
14. Termination
You may stop using the App at any time by deleting it from your device. We may terminate or restrict your access to the App if we believe you have violated these Terms. Upon termination, all data stored locally on your device remains under your control until you delete the App.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through informal negotiation. If informal resolution fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Washington.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
17. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cascade Headache, LLC regarding the App and supersede any prior agreements.
18. Contact
If you have questions about these Terms, please contact us at:
Email: hello@cascadeheadache.com
Developer: Cascade Headache, LLC