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Terms of Service

Last Updated: December 8, 2024

NOTICE OF ARBITRATION: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

1. Acceptance of Terms

By accessing or using the TrackMyIVF application ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Health Disclaimer (Not Medical Advice)

TrackMyIVF is a data tracking utility, not a medical device or healthcare provider.

  • We do not provide medical advice, diagnosis, or treatment.
  • Use of the Service does not create a doctor-patient relationship.
  • Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
  • Never disregard professional medical advice or delay in seeking it because of something you have read on this Service.

3. "Local-First" Data Sovereignty

Our Service utilizes a "Local-First" architecture. Your sensitive health data is stored primarily on your local device. While we provide synchronization services, you acknowledge that:

  • You are responsible for backing up your device.
  • Deleting the app without a backup may result in permanent data loss.
  • We cannot "recover" data that was never synced to our servers due to your privacy settings.

4. AI & Data Content Restrictions ("The Fortress Clause")

To protect our community's sensitive data and our intellectual property:

  • No Scraping: You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service.
  • No Pattern Training: You may not use any content from the Service to train machine learning or AI models.
  • Liquidated Damages: Violation of this section causes us irreparable harm. You agree that for each unauthorized access or scrape, you will be liable for liquidated damages of $1,000 per instance or actual damages, whichever is greater.

5. Beta Access, Subscriptions, and Lifetime Access

  • Current public access: TrackMyIVF is in beta waitlist mode. Public subscriptions, lifetime checkout, and public App Store purchase flows are paused until release and billing readiness gates pass.
  • Billing: If paid access opens later, pricing, renewal terms, cancellation terms, and the payment processor will be shown before any payment step.
  • Cancellation: If recurring billing opens later, cancellation instructions will be provided for the platform or processor used for that purchase. Access continues according to the terms shown at purchase.
  • Lifetime Access: If lifetime access opens later, "Lifetime" refers to the lifetime of the Service. If the Service is discontinued, we will make reasonable efforts to provide a data export tool. Lifetime access is non-transferable.
  • Refunds: If paid access opens later, refunds are handled according to the policy of the platform or processor where you purchased, such as Apple App Store, Google Play, or Stripe.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKMYIVF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

7. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.

8. Contact

legal@trackmyivf.com