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.

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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.

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3. Medical disclaimer

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.

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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.

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5. Access, Ember Plus and optional support

Ember’s tracking, reporting and export features are free to use. Ember Plus is an optional paid subscription that adds the features described in the App. Optional support purchases are voluntary and do not unlock features.

• Payment for Ember Plus or optional support is charged to your Apple ID or Google Play account at confirmation of purchase.
• Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Renewal is charged within the 24 hours before the current period ends.
• If a free trial is offered, any unused part of it ends when you buy a subscription.
• You can manage or cancel a subscription through your App Store or Google Play subscription settings.
• If Ember Plus ends, free features stay available, and you can still restore an existing encrypted backup.

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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.

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7. Data and privacy

The core tracker stores diary and treatment records on your device. Optional encrypted backup, weather, account, purchase, diagnostic and support features use network services. For the data, purposes, recipients and choices, review our Privacy Policy.

Optional automatic backup encrypts eligible records before upload. Restoring through Ember requires account access and the applicable recovery material; recovery cannot be guaranteed if that material is lost. You are responsible for protecting your account, device, exports and recovery code. Uninstalling the App does not request deletion of remote backups or your account.

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8. Intellectual property

The App, including its design, code, classification algorithms, report templates, and educational content, is the intellectual property of Cascade Headache, PLLC. 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.

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9. Classification engine

The App uses an automated classification engine to categorize your daily entries as migraine days (including migraine days without head pain), headache days, symptom 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.

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10. Limitation of liability

To the maximum extent permitted by applicable law, Cascade Headache, PLLC 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 Ember or optional support in the twelve months preceding the claim.

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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.

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12. Indemnification

You agree to indemnify, defend, and hold harmless Cascade Headache, PLLC 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.

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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.

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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.

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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.

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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.

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17. Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cascade Headache, PLLC regarding the App and supersede any prior agreements.

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18. Contact

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

Email: hello@cascadeheadache.com
Developer: Cascade Headache, PLLC

These Terms of Service apply to version 1.x of Ember - Migraine Tracker.

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