MBplus Terms Of Use

Terms of Use

MBplus

Migraine Buddy Terms of Use: https://migrainebuddy.com/terms-of-use
MB Privacy Policies: https://migrainebuddy.com/privacypolicy

Migraine Buddy Terms of Use and Privacy Policies apply to MBplus

Healint (“Healint”, “We”, “Us”, “Our”)., the creators of Migraine Buddy and MBplus (the Products), , would like you to be familiar with these Terms of Use Specific to “MBplus” Product & Services.

1.1 MBplus PRODUCT & Services

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.migrainebuddy.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Healint). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “MBplus,” “us” or “we” refers to the MBplus product and services. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones, tablets and intelligent speakers. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Our contact email address is . All correspondence to Healint including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

1.2 CHANGES TO TERMS

Healint reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to https://migrainebuddy.com/terms-of-use. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
 

2. MEMBERSHIPS AND SUBSCRIPTIONS

2.1 BECOMING A MEMBER

By placing an Order through the Products, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

2.2 USE OF MBplus BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

2.3 MEMBERSHIP

As a MBplus Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.

By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from MBplus commercial emails by following the opt-out instruction in these emails. MBplus memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.4 SUBSCRIPTIONS

(a) MB Plus  account holders may access the Products in two ways:

(i) “Basics” Free Trial: a free-of-charge program, which gives unlimited access to a limited number of days of our “MB Plus service.”

(ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the “Basics” Free Trial. You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.

(b) Healint / MBplus offers monthly, six monthly and yearly subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. 

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Healint Pte Ltd is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals at the yearly applicable fee not promotional fees. You acknowledge and agree that Healint Pte Ltd is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(e) Any “Forever” subscription is paid for by a one-off upfront payment.

(f) In the course of your use of the Products, Healint Pte Ltd and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Healint Pte Ltd and Healint’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(g) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through MBplus for commercial purposes.

2.5 DEVICE REQUIREMENTS

To enjoy MBplus via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon Alexa App marketplaces.

2.6 GIFTING

“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The MBplus gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Healint will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Healint is not responsible if a Gift Subscription is lost, stolen or used without permission.

2.7 CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing .

(b) You may cancel our Yearly and Forever subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing . You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

3.3 PROMOTION AND DISCOUNT CODES

Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

4. PROHIBITED USE OF THE PRODUCTS

4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Healint.

5. MATERIALS OFFERED THROUGH THE PRODUCTS

5.1 COPYRIGHT

(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Healint (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

(c) Audio or video content from MBplus not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Healint through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Healint grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Healint will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2 TRADEMARKS

MBplus®, the MBplus logo and all other MBplus product or service marks are trademarks of Healint. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Healint will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY OF PRODUCTS

6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at  and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing .

7. USER MATERIAL

7.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.

7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.

7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Healint or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise MBplus. You acknowledge that we may indirectly commercially benefit from use of your User Material.

7.6 Each time you submit User Material to us, you represent and warrant to us as follows:

  • (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
  • (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
  • (c) Your User Material does not advertise any product or service or solicit any business.
  • (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
  • (e) You will not collect email addresses of users for the purpose of sending unsolicited email.
  • (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
  • (g) You will not engage in any automated use of the system, such as using scripts to alter our content.
  • (h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Healint’s computer systems, or the technical delivery systems of Healint’s providers.
  • (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Healint system or network or breach any security or authentication measures.

7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Healint  an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Healint may include your User Material in MBplus’s Distribution Content that is made available to others through the Products. Be aware that Healint has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Healint and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Healint an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Healint has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Healint and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
 

8. LINKS TO WEBSITES/HOME PAGE

8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Healint. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to .

9. PRODUCTS DISCLAIMER

The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

10. MEDICAL DISCLAIMER

10.1 MBplus is a service providing content in the health & wellness space. It is meant to be a health care service or medical device service, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. Healint makes no claims, representations or guarantees that the Products provide a therapeutic benefit.

10.2 Any health information and links on the Products, whether provided by Healint or by contract from outside providers, is provided simply for your convenience.

10.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.

11. END USER LICENSE

11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, Healint grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.

11.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of healint or its licensors. All right, title and ownership in the Products remain with Healint or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

11.3 You agree that you will not and you will not assist or permit any third party to:

  • (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
  • (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
  • (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
  • (d) Tamper with the Products or circumvent any technology used by Healint or its licensors to protect any content accessible through the Products;
  • (e) Circumvent any territorial restrictions applied to the Products; or
  • (f) Use the Products in a way that violates this License Agreement or the other Terms.

11.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Healint or its licensors and your use of them must be in accordance with these Terms.


13. GENERAL TERMS AND CONDITION

13.1 ASSIGNMENT BY US

Healint may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

13.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold Healint and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Healint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Healint defense of such claim.

13.3 WARRANTIES AND LIMITATIONS

(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.

(c) Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in any way limit Healint’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.

(d) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.

(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

13.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

13.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

13.6 INTERPRETATION

In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

13.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at 

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

  • (i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
  • (ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at  to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

13.8 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to Healint at . We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

13.9 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

13.11 OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for:

  • (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
  • (ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
  • (iii) Any use of websites linked to the Products but operated by third parties.

(b) To the extent permitted by law, Healint and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to Healint for your use of the Products.

13.12 CHOICE OF LAW

Except to the extent they are preempted by Singapore court of law, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

13.13 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms are effective and were last updated on December 24, 2019.

Healint Pte. Ltd, is located at 100 Pasir Panjang, #02-01, Singapore, 118518

Español: Términos de Uso

Italian: Condizioni di utilizzo

January 11th, 2020

Healint (“Healint”, “We”, “Us”, “Our”)., the creators of Migraine Buddy, would like you to be familiar with these Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate. They set forth the terms and conditions upon which you or any users you authorize under your account may access and use the products and services offered or operated by Healint, including the products and services provided by our Third Party (“Terms of Use”, “Agreement”). Our products and services include the Migraine Buddy application (“App”), our websites (www.healint.com, app.migrainebuddy.com and www.migrainebuddy.com, “Websites”) and any services we provide you either through the App or through our customer service practices (“Services”) or through third party service/content providers (“Third Party Providers”).

Please read the Terms of Use carefully before you start or authorize any users under your account to use our App, Websites and Services. By registering for use of these products and services, you represent you are at least 18 years of age and agree to be bound by these Terms of Use on behalf of yourself and any authorized users. If you do not agree to these Terms of Use, you must not access, use or authorize use of the App, Websites and Services.

Please check these Terms of Use periodically for changes as every term in this Agreement is subject to amendment. We reserve the right to change these Terms of Use at any time.

This Privacy Policy was last updated on the 11th of January, 2020.

I. General Provisions

II. The App, Websites and Services Specific Provisions

III. Third Party Providers Specific Provisions

IV. Privacy Policy

I. General Provisions

I.1. Use of the App, Websites and Services

Healint provides the App, Websites and Services to assist people with migraines to self-manage their condition. Our App, Websites and Services require your active engagement and participation and you understand that, despite your efforts, individual user’s results will vary for a variety of reasons. We cannot guarantee that you will successfully manage your condition or be responsible for any health problems that may arise while or in connection with the use of our App, Websites or Services. We may also use third parties, in whole or in part, to provide our products and services.

I.2. Registration

You are required to register for the App, Websites and Services and provide certain information about yourself. All information we collect about you in connection with the App, Websites and Services is subject to our Privacy Policy. By using the App, Websites and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You will receive a user account that requires a username (email address) and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the App, Websites and Services, and notify Healint promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the App, Websites and Services.

I.3. Term

The Term of this Agreement will begin upon your successful registration and the activation of the App, Websites and Services by Healint and will continue until you cease using the App, Websites or Services unless a term is otherwise set forth in the registration. For those parts subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.

I.4. Termination

(I) Healint reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the App, Websites and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Healint determines in its discretion may have an adverse effect on Migraine Buddy or its reputation.

(II) You may terminate this Agreement for convenience upon written notice to Healint or its Third Party or through the applicable cancellation process. Healint may terminate for convenience upon sixty (60) days written notice.

(III) Upon termination, you will no longer have access to the App, Websites and Services. In addition to termination, Healint reserves the right to pursue all remedies available to it.

I.5. Guarantee

Healint shall guarantee the provision of paid content in accordance with the conditions of §§ 10.4.8 of the Singaporean Commercial Law.

I.6. Intellectual Property

Except for the limited license and use rights expressly granted to you under this Agreement, all titles to and the rights in the App, Websites and Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Healint’s or Third Party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Healint and/or the applicable Third Party.

I.7. Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy available at III. Privacy Policy. You agree not to reveal or disclose any of Healint’s confidential information, which includes non-public information related to the Company software, documentation or information relating to pricing, discounts, this Agreement, errors in the Software and other competitive or proprietary data (i.e., business, technical or financial information) or information a reasonable person would conclude is confidential, without Healint’s written Agreement.

I.8. Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the App, Websites and Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

I.9. Trademarks

Trademarks, Migraine Buddy App, Websites and Services marks, graphics and logos used in connection with the App, Websites and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the App, Websites and Services are owned by Healint, its service providers or other Third Party and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the App, Websites and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the App, Websites and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Healint or the applicable owner.

I.10. Disclaimer and Limitation of Liability

The App, Websites and Services are provided on an “as is” basis and use of the App, Websites and Services is at your sole risk. Healint’s liability is limited to cases of intent or gross negligence. Healint shall not be liable for ordinary negligence. The liability limitations do not apply in the case of any physical damage or damage to health for which Healint is responsible. Where liability is exclusive to Healint, then such liability shall also apply to its agents. The company, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, Third Party content or that the App, Websites or Services will be error-free or uninterrupted. No oral advice or written information given by the company, its officers, directors, employees, agents, contractors, or third-party service providers will create a warranty.

Except where prohibited by law or public policy, in no event will the company, its officers, directors, employees, agents, contractors, or third-party service providers be liable for any (1) amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the App, Websites and Services, including but not limited to reliance by you on any information obtained from the App, Websites and Services, regardless of the form of action.

I.11. Links

Healint shall only be liable for its own content. Where Healint provides access to online services / web shops of Third Party via links, Healint shall not be liable for such Third Party content. Healint shall not appropriate the content of others as its own. If the user is of the view that certain content violates his rights, then he should report it to support@healint.com.

I.12. Uploaded Content

Where Healint gives the user the possibility of publishing his content, for example uploading within a forum, then the following terms and conditions apply: the user’s uploaded content (commentaries, videos, pictures) are available for all users. As Healint cannot exercise direct control over the content, it follows that Healint cannot accept any responsibility for the content, the accuracy, and the form of such content. The user is responsible for his own content.

As regards his uploaded content, the user grants Healint a non-exclusive transferable, unlimited right of use and exploitation (i.e. also for citation and referencing purposes) in terms of time, subject matter and place. Healint is not obliged to make the content available. Healint may refuse, transfer, shorten or delete user content at any time.

The user warrants to Healint that he will not upload any content whose contribution, publication or use infringes any applicable law or Third Party rights. Specifically excluded are contributions of a racist, pornographic, degrading, insulting nature and those violating common decency. In particular, the user guarantees that the uploaded content does not infringe any (especially intellectual property) Third Party rights and that he does not merely have a transient usage right to reproduce, distribute or make available.

The user undertakes to indemnify and hold harmless Healint and its agents as regards all valid claims which are based on illegal content and to provide full satisfaction for the ensuing detriment caused; this also covers the costs of a necessary and appropriate legal defense. Where a Third Party asserts that his rights have been infringed, then Healint is entitled to pass on the user’s stored contact details.

I.13. Indemnity

You agree to defend, indemnify, and hold Healint, its officers, directors, Third Party, employees, contractors, agents, licensors, suppliers and Third Parties, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the App, Websites and Services, and Third Party Services.

I.14. Miscellaneous

All other users agree (1) that all matters relating to access to or use of the App, Websites and Services, including all disputes, will be governed by the laws of Singapore without regard to its conflicts of laws’ provisions (2) to the personal jurisdiction, and (3) waive any objection to such jurisdiction or venue and the right to trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these terms and conditions or the products and services.

The failure of Healint to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Healint of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Healint and you or any other party be deemed to modify any provision of these Terms of Use. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. The App, Websites and Services are not available to all persons or in all geographic locations. Any offer for any product or services is void where prohibited.

Wherever these Terms of Use refer to natural persons only in the masculine form, such reference applies to men and women equally. When reference is made to individual natural persons, the respective gender form must be used.

I.15. Language

The parties acknowledge that they have agreed that this Agreement and all related documents be drawn up in the English language.

II. The App, Websites and Services Specific Provisions

License Grant

During the term of this Agreement, Healint grants you a non-exclusive, non-transferable, non-sub-licensible, revocable and limited right to access and use the App, Websites and Services and any documentation made available to you by Healint solely for purposes of your personal use of the App, Websites and Services in accordance with the terms of this Agreement. The App, Websites and Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, Websites and Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, Websites and Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App, Websites and Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the App, Websites and Services are granted to you, and all such licenses and rights are hereby expressly reserved.

III. Third Party Providers Specific Provisions

III.1. Use of Service/Content by Third Party Providers

You acknowledge and agree that the you may, during the course of or in relation to the your use of a Service, be provided with the opportunity to obtain services from one or more third party service or content providers (“Third Party Providers”). The use of these Third Party Services will require your agreement to certain additional terms and conditions provided by the applicable Third Party Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Provider.

You acknowledge and agree that we may engage and incorporate the services/content of Third Party Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Providers as we deem necessary to provide the Services to you. You will enjoy services/content provided by Third Party Providers only if you agree to their terms and conditions.

III.2. Indemnity

You acknowledge that Third Party Providers are independent contractors as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Providers in providing the Third Party Services/Content to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site.

In the event the performance of Third Party Services requires disclosure to and/or access of Your Content, you agree that you will not hold us responsible for any breach on the part of the Third Party Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of Your Content by the Third Party Providers.

You also acknowledge and accept that a Third Party Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services.

IV. Privacy Policy

This Privacy Policy explains our practices in connection with information that we collect through the App, Websites and Services. By downloading, accessing or using the App, Websites or Services, or providing information to us in connection with the App, Websites or Services, you agree to the terms and conditions of this Privacy Policy. In regard to data collected through the app, Healint is the data controller. In the case of any privacy related questions or in case of desired actions relevant to your privacy rights, please contact Nicolas Paris at +65 8657 9176.

IV.1. Modification of Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time without prior notice. Your continued use of the Services after any changes or revisions to this Privacy Policy shall denote your Agreement with the terms of such a revised Privacy Policy.

IV.2. What kind of Data we collect

We collect two main kinds of data: Restricted Data and Shared Statistics. Shared Statistics are viewable to those not registered to join Migraine Buddy. We report publicly Shared Statistics in aggregate following a full anonymisation process, which renders the statistics unidentifiable both inside and outside the Migraine Buddy community. Shared statistics may communicate the number of patients on a particular treatment or the number of patients experiencing a particular symptom. Restricted Data is not automatically shared with, or displayed for other users or Third Parties. Restricted data is only available to users and Healint, and not shared with anyone outside of the Migraine Buddy community.

IV.3 Where do we store your data:

We store your data (self-recorded data, phone sensor data and analytics data) in controlled cloud servers, and on some third-party servers than are used as Healint’s Data Processors, such as AWS.

PII data is stored in a physically segregated database from the rest of the data (self-reported episode data, sleep, etc.).

IV.4 How is your data encrypted:

We encrypt all communications with SSL. It ensures that nobody can look at the data exchanged between Healint’s servers and the Migraine Buddy application.

All data are separated in silos in different micro-services that represent logical blocs for the platform (e.g. 1 for the migraine, 1 for the sleep, 1 for medication…).

IV.5 GDPR compliance

Our platform is fully GDPR compliant. We store patient data in different geography (EU, US, Singapore/Rest of the world). 

Shared Statistics are comprised of the information that we collect when:

You Add Biographical Information

You can customize your Migraine Buddy experience by recording biographical information, such as: Gender, Age (deducted from your Birthdate), location (city, state and country).

You Record an event in your Diary

Full use of Migraine Buddy requires that you record information related to your migraines, such as your pain intensity, your pain location, your symptoms, your triggers, your medication, your reliefs, your menstruation, etc.

You Share Your Experiences

Migraine Buddy, like most online communities, is a public forum, and users acknowledge and accept that any information shared through free text fields (e.g. forum, treatment evaluations, surveys, annotations, journals, feeds, adverse event reports) or images might be connected to users’ Shared Statistics (which are fully anonymised and aggregated and may be shared with, or displayed for others). The personal notes that you can record in Migraine Buddy are Restricted Data.

Restricted data is the information that we collect when:

You Create A Migraine Buddy Account

If you want to access data collected by your Device, you must create a Migraine Buddy account. When you create a Migraine Buddy account, we ask for some personal information, including your email address and a password. Your email address will be used to log-into your account.

You can also create your Migraine Buddy account using a different credential such as a Facebook or Google account. We will ask permission to access basic information from that account, such as your name. You can stop sharing that information with us at any time by removing Migraine Buddy’s access to that account.

You Add Information to Your Profile

You can customize your Migraine Buddy experience by adding other types of information to your account, such as: First Name, Nickname, Birthdate, or personal notes.

Only your Gender and your age deducted from your Birthdate may be included in Shared Statistics.

You Sync Your Device

When you sync your Device through Migraine Buddy, data recorded on your Device about your activity is transferred from your Device to our servers. This data is stored and used to provide Services and is associated with your account. Each time a sync occurs, we log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.

You Contact Us For Help

Whenever you contact Healint for help, we collect your email address along with additional information you provide in your request so that we can provide you with assistance and improve the Services. If you contact us when you are already logged in to your account, the web form automatically pre-fills this information, so you don’t have to type it manually. You can also contact Healint on public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.

You Invite Buddies

You can invite your buddies who are already Migraine Buddy users or invite friends who have not yet joined. You can invite Buddies in several ways, such as by providing their email addresses, or by accessing social networking accounts or from the contact list on your phone. When you share your Buddies’ contact information with us to add them as a friend, we will only use it for this purpose. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.

You Activate Location Features

The App and Services include features that require the collection of specific location data, including GPS signals, in order to detect weather parameters (humidity, pressure, temperature) which can trigger your migraines. We only collect this type of data when you activate a location feature. We stop collecting this type of data when you deactivate the feature. We store this information in your Migraine Buddy account

You Record Personal Information in Migraine Buddy

When you record any specific notes or personal information related to your Migraine entries, you are recording restricted data.

IV.4. How we use Restricted Data

We may use your Personal Information, such as your name and email address, to:

  • Respond to your inquiries, comments and posts on different platforms such as social media or to send newsletters to you in order to inform you of our present and upcoming services.

  • Send you news and research-based migraine information that we believe may be of interest to you.

  • Allow you to send messages or invites to a friend through the applications

As we deem appropriate: (a) under applicable law (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence.

IV.5. How we use Shared Statistics

By using, accessing and inputting information in the App, Websites and Services, you agree that any and all data that you have entered or may enter at a future time, into the App, Websites and Services, as well as any data you may enter into related features or Services of the App which are not present at the moment within the App but which may be introduced at any time in the future, you consent to the compilation, processing, analyzing as well as anonymous disclosure of the resulting statistics to a Third Party.

Aggregating user statistics allows us to enhance our services through the provision of insights that can not only help users and treating physicians understand the causes migraines, but also show how a population responds to treatment methods and medications. The main objective of data collection is to assist and further migraine research as well as improve and quantify our Services. In lieu of these objectives, the above-mentioned compilation, processing, analysis, and anonymous disclosure of statistics may be conducted with the purpose of:

1) Developing anonymous aggregated reports, analysis, charts, tables, infographics in order to:

  • Develop and improve the Crowdsourced Search Engines (how many users record a specific word)

  • Work with external researchers to improve algorithms and develop new individualized algorithms meant at improving your experience including “migraine prediction,” “activity detection,” and “trigger learning” without being limited to those.

  • Compare different migraine population groups for our understanding, as well as for communication and awareness of migraine.

  • Participate in academic research with a resulting publication, sponsored by Healint or a Third Party (cf, Disclosing fully anonymised statistics To A Third Party)

You can still opt-out at any time by going into “My profile” and adjust the “opt-in for research” button.

2) Improving Healint’s algorithms in order to:

  • Improve Machine Learning and affiliated services

  • Create groups or customized patterns

You can still opt-out at any time by going into “My profile” and adjust the “opt-in for research” button.

3) Quantifying how Healint’s services are utilized

4) Developing consequently related new products, services and features which may be used to improve the App or may be sold to you or a Third Party.

Healint may also periodically ask users to complete short surveys about their experiences (including questions about the Apps, Websites and Services). Survey responses are analyzed, combined with users’ Shared Statistics, and shared with a Third Party. User participation in these surveys is not required, and refusal to do so will not impact a user’s experience on the App, Websites or Services.

Certain areas within our App (ex: Buddies section), Websites or Services are provided with the support of Third Parties. These Third Parties may have adverse event reporting requirements that relate to regulated products that are used by users of our community, and Healint assists such Third Parties with reporting adverse events to regulatory agencies.

All and any data you enter into the App shall be treated with absolute anonymity and any statistical information that is provided to a Third Party in the form, including but not limited to aggregated reports shall not include any personal information, including first name, last name, email, phone number, date of birth of a person who has downloaded, accessed and used Services in connection to the App (“User”).

IV.6. Disclosing Statistics and Data to a Third Party

Statistics and/or data may be disclosed to a Third Party in the following instances:

1) As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business or assets, your personal information and data may be part of the transferred assets.

2) We may also disclose your data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public.

3) Fully anonymised statistics derived from data collection may be included in anonymous & aggregated reports, analysis, charts, tables, and infographics to support research and awareness of migraine. More in How We Use Your Data, 1).

We store your Personally Identifiable Information as long as you maintain a Migraine Buddy account. Once you delete your Migraine Buddy account, all PII will be removed within 30 days.

IV.7. How to edit or modify Data

Personal information and data that you provide to Healint can be modified from your Migraine Buddy account (ex: modify your user’s email address from your Migraine Buddy profile). If you remove data from your account, it will no longer appear to you. Backups of that data will remain associated with your Migraine Buddy account and in our archive servers.

IV.8. How to deactivate your Migraine Buddy Account

You can deactivate your Migraine Buddy account by contacting support@healint.com from your user’s email address. When you do, data that can identify you will be removed from the Services, including but not limited to your email, name, Buddies list and links to sites such as Facebook. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Healint may continue to use your de-identified information after you deactivate your account. De-identified information is fully anonymised and there will be absolutely no way to trace any of this information to your personal identifiable information. It is important to note that the identifiable data on the aforementioned backups is only deleted once the account is deactivated.

IV.9. Other security issues

Healint cannot guarantee the identity of any other users with whom a user may interact in the course of using the App, Websites or Services or who may have access to a user’s Shared Statistics. Additionally, we cannot guarantee the authenticity of any data that users may provide about themselves.

Finally, users should know that Healint takes commercially reasonable technical precautions to help keep user data secure.

These precautions include the following:

IV.10. Risks and benefits

While our goal is to help patients improve health outcomes, there are no certain benefits to using our App, Websites and Services. However, keeping track of personal well-being, treatments, and symptoms has been shown to be helpful in improving overall health.

There are also no known risks to using the App, Websites and Services, but there is a possibility that users may feel uncomfortable sharing information online. For example, it is possible that employers, insurance companies, or others may discriminate based on health information. Therefore, we invite users in keeping their information private, and use nicknames when exchanging with other users or sharing data outside of Migraine Buddy.

In using the App, Websites and Services, users are free to skip any non-required questions or data fields. Users are also free to stop using this service at any time. If a user chooses to deactivate his/her account, the user’s data will remain in the system for auditing purposes. If a user had opted-in for research, any research conducted prior to the deactivation of a user’s account will still be included in the resulting statistics.

IV.11. Other important notices

  • Children’s privacy

If you are under sixteen, please do not submit any Personal Data and Information through the App, Websites or Services without consent from a parent or guardian. Parents who are using the App, Websites or Services for their children who are under 16 will be responsible for any data and Personal Information they enter into the App, Websites or Services.

  • In-app chat groups guidelines and moderation

Here are some basics guidelines that you agree to adhere to:

  1. Solicitation of medical advice
    Soliciting of direct medical advice is not allowed. No users are verified medical professionals. Always discuss your health with your health care practitioner before posting.

  2. Providing medical advice
    No users have been verified as medical professionals. Posts giving explicit medical advice, especially without concern for consultation with a certified doctor, will be removed.

  3. Creating a friendly environment
    Keeping a low drama environment is very important to us. We want everyone to feel safe in the chat groups and unnecessary drama can hinder that. If you see something awry and/or inappropriate language report it and we’ll look into it. Breach of policy may result in temporary or definitive ban from the chats.

     

  • Third Party Websites and Ad Services

Please be aware that our App, Websites and Services may have links to third-party websites that may collect Personal Information about you. These websites include Facebook, Google, Braze, Amazon and Apple. When you click on one of these Third Party links (ex: to facebook.com), you are entering another website. We do not have control over any Third Party website and this Privacy Policy does not cover the information practices or policies of such Third Party websites. We encourage you to read the privacy policies of all such websites, as their privacy policies may be materially different from our Privacy Policy.

In addition, some advertisements on the App, Websites and Services are served by Third Party advertisers, ad networks, ad servers and/or via Google. These Third Party sites may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on the App, Websites and Services to serve them interested-based (behavioral) advertising. We do not control these Third Party’s tracking technologies or how they may be used. If you have any questions about an advertisement, we recommend that you contact the responsible advertiser directly.

  • E-Mail communications

Do not send e-mail communications containing personal health information to us. We cannot secure any Personal Information sent by e-mail because such information can be accessed by other internet users. If you send us a question by e-mail, our use and disclosure of that information will be limited to the minimum necessary to respond to your question.

  • De-Identified Information

On occasion, we may make arrangements with certain customers or business partners to share certain de-identified aggregate pattern statistical information in order to assist such customers or business partners to improve their services (such as evaluating patterns, utilization, usage and trends). We may also share such information with you or other users of our service. This type of information may be based in part on information related to you, but does not allow for the personal identification of any individual (in other words, it is “de-identified”). This information will not be used by the customer or business partner for marketing and/or any purpose other than as set forth above.

We remove your identity from your Personal Information (contact, health and/or financial) and may work with it as anonymous (“de-identified”) information. De-identified individual information is information about a user presented in a form where information about one anonymous user would be indistinguishable from information relating to other anonymous users. De-identified individual information is not in a form that allows anyone studying the information to personally identify any user.

Aggregate information is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Your anonymous data is combined with the anonymous data of other users and becomes statistics. We may use aggregate information to understand the needs of our user community and determine what kinds of programs and services we can offer to you. We could use this anonymous information to give potential users or business partners a picture of our community and services. Aggregate statistical information may be provided to third parties. Absolutely no personal identifying information is included in the aggregate reports; each individual remains anonymous.

Locator information is your name, electronic messaging address, physical address, and/or other data that enables someone to personally identify you. We may use Locator information as is necessary to enforce any of the terms of this Privacy Policy.

  • Law Enforcement and Protection of Users and the Site

To the extent permitted by law, we may disclose Personal Information to governmental authorities or a Third Party pursuant to a legal request, subpoena or other legal process. We may also use or disclose your Personal Information as permitted by law to apply or enforce this Privacy Policy, or protect our rights, interest, or property as well as those of our affiliates, customers, or App, Websites and Services users. Following such disclosure to any Third Party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

IV.12. Exclusions to Privacy Policy

This Privacy Policy does not and shall not apply to any unsolicited information you provide to us. This includes, but is not limited to, information posted to any public and social media forums, such as the Migraine Buddy forum, Migraine Buddy’s UserVoice Page, Migraine Buddy’s social media pages and websites (collectively, “Public Platforms”), including any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”). All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Please also note that any personal information you provide to be displayed in publicly available parts of Migraine Buddy, including the Buddy tab, will be displayed for those who you have added or will add as Buddies to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for i) who you add as a Buddy within the App and ii) what those Buddies do with any personal information or other forms of information, such as but not limited to personal data, that you choose to make publicly available.

This Privacy Policy will also not be applicable to any information you share on Buddies Tab in the App. Therefore, we advise that you exercise great caution when adding a Buddy within the app and what information you choose to make publicly available through our Services.

Questions about the Terms of Use

Please send any comment, question or complaint regarding our Terms of Use or any request to access or correct your Personal Information by mail or email using the following contact information. You may also send written requests to rescind your consent to our use of your information to the below contact information:

support@healint.com

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