Migraine Tracker Terms and Conditions

TERMS AND CONDITIONS

Migraine Tracker Application

Last Updated: July 28, 2025

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the Migraine Tracker mobile application (“App”), you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Mustafa Mir Ömer Kalkan (“Developer,” “we,” “us,” or “our”), an individual software developer operating under Turkish law.

2. DESCRIPTION OF SERVICE

2.1 Individual Developer Status

This App is developed and maintained by Mustafa Mir Ömer Kalkan, an individual software developer operating under Turkish law. This is not a corporate entity but a personal business operation.

2.2 App Functionality

The Migraine Tracker App is a health and wellness application designed to help users:

  • Log and track migraine episodes, symptoms, and triggers
  • Monitor medication usage and effectiveness
  • Generate personal health insights and analytics
  • Export health data for personal or medical use
  • Set personalized reminders

2.3 Service Availability

  • The App is provided on an “as-is” and “as-available” basis
  • We do not guarantee uninterrupted or error-free operation
  • Features may be modified, updated, or discontinued at our discretion

3. CRITICAL MEDICAL DISCLAIMER

3.1 Not Medical Advice

IMPORTANT: This App is designed for informational and personal tracking purposes ONLY. The App:

  • Does NOT provide medical advice, diagnosis, or treatment
  • Is NOT a substitute for professional medical consultation
  • Should NOT be used for medical emergencies

3.2 Healthcare Professional Consultation

  • Always consult qualified healthcare professionals for medical concerns
  • Share App data with your healthcare provider as supplementary information only
  • For medical emergencies, contact emergency services immediately

3.3 User Responsibility

You acknowledge and agree that:

  • You use this App at your own risk
  • Any health decisions based on App data are your sole responsibility
  • The Developer assumes no responsibility for medical outcomes

4. USER ACCOUNTS AND ELIGIBILITY

4.1 Eligibility Requirements

  • You must be at least 13 years old to use this App
  • Users under 18 require parental/guardian consent
  • You must provide accurate registration information
  • You are responsible for maintaining account security

4.2 Account Responsibilities

  • Maintain confidentiality of login credentials
  • Notify us immediately of unauthorized account access
  • You are liable for all activities under your account

5. SUBSCRIPTION TERMS

5.1 Subscription Plans

  • Free Tier: Limited functionality with basic tracking features
  • Premium Subscription: Full access to all features and analytics

5.2 Payment Terms

  • Subscription fees are charged through your App Store account
  • Payments are processed by Apple App Store/Google Play Store
  • All fees are non-refundable except as required by law
  • Prices may change at our discretion with notice to users

5.3 Auto-Renewal

  • Subscriptions automatically renew unless cancelled
  • Cancel at least 24 hours before the renewal date
  • Cancellation takes effect at the end of the current billing period
  • No partial refunds for unused subscription periods

5.4 Free Trials

  • Free trial periods, if offered, are for new users only
  • Trial limitations and duration are specified at sign-up
  • Trials convert to paid subscriptions unless cancelled before expiration

6. DATA PRIVACY AND SECURITY

6.1 Data Collection

We collect and process:

  • Health data you voluntarily input (migraine logs, symptoms, medications)
  • Usage analytics and app performance data
  • Account information and preferences

6.2 Data Storage and Security

  • Primary data storage is local on your device
  • Optional cloud sync requires explicit user consent
  • We implement industry-standard security measures
  • No guarantee against all security breaches

6.3 Data Use

Your health data is used to:

  • Provide personalized insights and analytics
  • Improve App functionality and user experience
  • Generate aggregate, anonymized usage statistics

6.4 Data Sharing and Turkish Law Compliance

  • We do NOT sell personal health data to third parties
  • Data may be shared only as outlined in our Privacy Policy
  • You control data export and sharing with healthcare providers
  • Cross-border data transfers comply with Turkish regulations

7. USER CONDUCT AND RESPONSIBILITIES

7.1 Acceptable Use

You agree to:

  • Provide accurate health information
  • Use the App only for personal health tracking
  • Comply with all applicable laws and regulations
  • Respect intellectual property rights

7.2 Prohibited Activities

You shall NOT:

  • Share false or misleading health information
  • Attempt to reverse engineer or hack the App
  • Use the App for commercial purposes without authorization
  • Violate any third-party rights
  • Upload malicious code or viruses

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Developer Ownership

  • The App, including all software, designs, and content, is owned by the Developer
  • All trademarks, logos, and brand names are Developer property
  • User license does not transfer ownership rights

8.2 User Data Ownership

  • You retain ownership of health data you input
  • You grant us a limited license to process your data as described in these Terms
  • We may use anonymized, aggregated data for research and improvement

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES
  • WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
  • NO WARRANTY REGARDING ACCURACY, RELIABILITY, OR AVAILABILITY

9.2 Limitation of Damages

  • DEVELOPER LIABILITY IS LIMITED TO THE AMOUNT PAID FOR SUBSCRIPTIONS
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS

9.3 Health-Related Limitations

  • NO LIABILITY FOR MEDICAL DECISIONS BASED ON APP DATA
  • NO RESPONSIBILITY FOR MISSED MEDICATIONS OR APPOINTMENTS
  • USERS ASSUME ALL HEALTH-RELATED RISKS

10. INDEMNIFICATION

You agree to indemnify and hold harmless the Developer from any claims, damages, or expenses arising from:

  • Your use of the App
  • Violation of these Terms
  • Infringement of third-party rights
  • Medical decisions based on App data

11. TERMINATION

11.1 Termination Rights

  • Either party may terminate this agreement at any time
  • We may suspend/terminate accounts for Terms violations
  • Termination does not affect pre-existing legal obligations

11.2 Effect of Termination

  • Your right to use the App immediately ceases
  • Premium features become inaccessible
  • Data export options may be provided for a limited time

12. UPDATES AND MODIFICATIONS

12.1 App Updates

  • We may update the App to improve functionality or security
  • Updates may modify or remove features
  • Continued use constitutes acceptance of updates

12.2 Terms Modifications

  • These Terms may be updated periodically
  • Continued use after changes constitutes acceptance

13. THIRD-PARTY SERVICES

13.1 Integration Services

The App integrates with:

  • RevenueCat for subscription management
  • Firebase for analytics and performance monitoring
  • Cloud storage services (if enabled)

13.2 Third-Party Responsibilities

  • Third-party services are governed by their own terms
  • We are not responsible for third-party service failures
  • Integration availability may change without notice

14. EXPORT CONTROLS AND COMPLIANCE

  • The App may be subject to export control laws
  • Users are responsible for compliance with applicable regulations
  • International use must comply with local laws

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by the laws of the Republic of Turkey, without regard to conflict of law principles.

15.2 Dispute Resolution Process

  1. Informal Resolution: Contact us first to resolve disputes amicably
  2. Mediation: If informal resolution fails, disputes may go to mediation
  3. Court Proceedings: Unresolved disputes will be subject to Turkish court jurisdiction
  4. Individual Resolution: Disputes must be resolved individually

15.3 Jurisdiction

Any legal proceedings must be filed in the competent courts of Malatya, Turkey.

16. MISCELLANEOUS PROVISIONS

16.1 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between parties.

16.3 Assignment

  • You may not assign these Terms without our written consent
  • We may assign our rights and obligations without restriction

16.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16.5 Survival

Provisions regarding liability, indemnification, and intellectual property survive termination.

17. CONTACT INFORMATION

For questions about these Terms, contact us at:

Mustafa Mir Ömer Kalkan
Individual Software Developer
Website: mustafamiromerkalkan.com
Location: Turkey

18. ACKNOWLEDGMENT

By using the Migraine Tracker App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

LAST UPDATED: July 28, 2025
VERSION: 1.0

MUSTAFA MİR ÖMER KALKAN

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Mustafa Mir Ömer Kalkan