Terms of Service

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These terms of service ('Terms') apply to your access and use of all of the apps and services provided by Anthony Arblaster ('I', 'me', the ‘Licensor’) to you (the ‘License’), including iOS apps and web services (the 'Service'). Please read them carefully.

Last updated: Friday, 24 December 2021

1) Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. Before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service.

2) Licence

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this agreement. The Licensor reserves all rights in and to the Licensed Application not expressly granted to you under these terms.

i) Scope of License: The Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

ii) Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

3) Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms. It is your responsibility to check for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

4) Privacy Policy

For information about how we collect and use information about users of the Service, please read the privacy policy.

5) Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

6) Copyright

I put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by UK and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include:

(i) publicly performing or publicly displaying the Service;
(ii) modifying or otherwise making any derivative uses of the Service or any portion thereof;
(iii) using any data mining, robots or similar data gathering or extraction methods;
(iv) downloading (other than page caching) of any portion of the Service or any information contained therein;
(v) reverse engineering or accessing the Service in order to build a competitive product or service; or
(vi) using the Service other than for its intended purposes.

7) Not Health Advice

Nothing in any of the services should be taken as health or medical advice. The service (in particular MigraineBot) is provided to make life easier for those with migraine. It is not intended, nor should it be considered to contain medical advice.

You should always speak to a medical professional for advice on the best treatment approaches and recording methods to take.

8) Liability

The service and any other service and content included on or otherwise made available to you through the service are provided to you on an 'as is' or 'as available basis' without any representations or warranties of any kind. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the service and content included on or otherwise made available to you through the service whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.

In no event will I be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the service or any other service and/or content included on or otherwise made available to you through the service, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to me. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.

9) Third Party Components

The Service makes use of the following open source components:

i) Calendar Gist

ii) SwiftCSV

Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to dealin the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of the Software, and to permit persons to whom the Software isfurnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

iii) SwiftDate

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

iv) TPPDF

The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

10) Subscriptions payments, renewals and cancelations

If you choose to buy a MigraineBot Premium subscription, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

All purchases are final. I cannot issue refunds for purchases charged to your Apple ID.

11) Jurisdiction

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the England and Wales.

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the England and Wales. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

12) Termination

This agreement is effective until terminated by you or the Licensor. Your rights under this agreement will terminate automatically if you fail to comply with any of its terms. If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

13) Entire Agreement

These Terms constitute the entire agreement between us regarding the use of the Service, superseding any prior agreements between us relating to your use of the Service.

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