Nimbus Migraine Tracker

Terms of Service

Effective Date: May 1, 2025

Welcome to Nimbus Migraine Tracker ("Nimbus", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Nimbus web application and related services (collectively, the "Service"), which are owned and operated by Nimbus Peak Solutions, LLC ("App Creator").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Not Medical Advice

The Nimbus Migraine Tracker is intended solely for informational and self-tracking purposes. It is not intended to diagnose, treat, cure, or prevent any disease or health condition.

The Service does not constitute medical or healthcare advice and should not be relied upon as such. Always seek the advice of a physician or other qualified healthcare 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 or recorded using the Nimbus Service.

3. User Responsibilities

You are solely responsible for:

  • The accuracy of any data you input into the Service.
  • Any actions you take based on information provided by the Service.
  • Ensuring that your use of the Service complies with all applicable laws and regulations.

You agree not to:

  • Use the Service in any unlawful or abusive manner.
  • Attempt to reverse-engineer, decompile, or disassemble any part of the Service.
  • Infringe on any third party's intellectual property rights.

4. Intellectual Property

All content, features, functionality, software, trademarks, logos, and other materials included in or made available through the Service are the exclusive property of the App Creator or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the Service without our express written permission.

5. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

6. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

We do not warrant that:

  • The Service will be accurate, reliable, secure, or error-free.
  • The results of using the Service will meet your expectations.
  • Any errors in the Service will be corrected.

To the fullest extent permitted under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

7. Limitation of Liability

To the fullest extent permitted by law, in no event shall the App Creator, its affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any content obtained from the Service;
  • Any conduct or content of any third party on the Service;
  • Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for any claims arising out of or relating to the Service is limited to the greater of (i) the amount you paid us, if any, in the 12 months prior to the event giving rise to the liability or (ii) $50.

8. Indemnification

You agree to indemnify, defend, and hold harmless the App Creator and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or in any way connected with:

  • Your access to or use of the Service;
  • Your violation of these Terms;
  • Your violation of any third party right, including any intellectual property or privacy right.

9. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We may revise these Terms at any time. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

10. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease.

11. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

Any legal action or proceeding related to your access to or use of the Service shall be brought exclusively in the state or federal courts located in San Francisco, California, and you consent to the jurisdiction of such courts.

12. Contact

If you have any questions about these Terms, please contact us at:
support@nimbusmigraine.health