Terms of Use (EULA)
Last Updated: September 8, 2026
🩺 CRITICAL MEDICAL NOTICE: NOT MEDICAL ADVICE & NOT A MEDICAL DEVICE
MIGRAINE TRACKER IS A PERSONAL HEADACHE DIARY AND REPORT PREPARATION APPLICATION, NOT A MEDICAL DEVICE, LICENSED CLINICAL DIAGNOSTIC TOOL, PHYSICIAN, OR HEALTHCARE PROVIDER. USE OF MIGRAINE TRACKER DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. THE APP DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL DIAGNOSIS, TREATMENT PLANS, PROGNOSES, OR PRESCRIPTIONS.
⚠️ MEDICAL EMERGENCIES: NEVER RELY ON THIS APPLICATION FOR MEDICAL EMERGENCIES. IF YOU EXPERIENCE A SUDDEN, SEVERE "THUNDERCLAP" HEADACHE, A HEADACHE ACCOMPANIED BY HIGH FEVER, STIFF NECK, CONFUSION, SEIZURE, DOUBLE VISION, WEAKNESS, NUMBNESS, OR DIFFICULTY SPEAKING, IMMEDIATELY CALL EMERGENCY SERVICES (911 IN THE US OR YOUR LOCAL EMERGENCY NUMBER) OR PROCEED TO THE NEAREST EMERGENCY ROOM.
1. Agreement to Terms
By downloading, installing, accessing, or using the Migraine Tracker mobile application (the "App"), provided by Escalate Apps ("we," "our," or "us"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use ("Terms"). If you do not agree with these Terms, do not install, access, or use the App.
2. Purpose & Description of the Service
Migraine Tracker is an evidence-logging diary and document generation utility designed to assist migraine patients by:
- Recording attack onset, duration, pain intensity, and anatomical pain locations using an interactive Head Map.
- Documenting sensory sensitivities, premonitory symptoms (prodrome), and aura phenomena.
- Logging acute and preventive medications to monitor days of usage against established clinical safety guidelines (such as ICHD-3 thresholds for medication-overuse headaches).
- Compiling patient-recorded data into structured clinical PDF reports and raw CSV datasets to facilitate informed discussions with qualified neurologists and physicians.
3. Disclaimer of Medical Advice & Clinical Decisions
You acknowledge and agree that:
- No Clinical Assessment: The App does not evaluate, diagnose, or treat headaches, migraines, or any neurological disorders. Day counts, frequency metrics, and medication alerts are computed algorithmically from your self-reported inputs for informational reference only.
- Consult Qualified Professionals: Never disregard professional medical advice, delay seeking medical attention, or modify prescribed medications or dosages based on information displayed in or generated by the App.
- Independent Clinical Judgment: Clinical reports generated by the App are intended solely as patient-reported documentation. Healthcare providers must exercise independent clinical judgment when interpreting your records.
4. Accuracy of User Information & Device Responsibility
The utility of the clinical reports generated by the App depends entirely upon the accuracy, timeliness, and completeness of the data you enter. You are solely responsible for:
- The accuracy of all recorded attacks, dates, intensities, and medication entries.
- Maintaining the physical security and passcode protection of your device.
- Ensuring that device operating system backups (Apple iCloud or Google Drive) are active to protect your on-device records against device loss or damage.
5. Intellectual Property Rights
The App, including its software code, interactive Head Map graphics, user interface designs, logos, text, and clinical counting engine architecture, is the proprietary intellectual property of Escalate Apps and is protected by copyright, trademark, and other applicable intellectual property laws.
Escalate Apps grants you a personal, non-exclusive, non-transferable, revocable license to use the App on your mobile device for personal, non-commercial purposes in accordance with these Terms.
6. Prohibited Uses
You agree not to engage in any of the following prohibited actions:
- Decompiling, reverse-engineering, disassembling, or attempting to derive the source code of the App.
- Modifying, distributing, licensing, leasing, or selling the App or any derivative works thereof.
- Marketing or representing the App as a certified clinical diagnostic medical device.
- Using the App in any manner that violates applicable local, national, or international health, privacy, or consumer protection laws.
7. Disclaimer of Warranties
MIGRAINE TRACKER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESCALATE APPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH ALL OPERATING SYSTEM VERSIONS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESCALATE APPS, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO HEALTH ADVERSE EVENTS, MEDICAL EXPENSES, DIAGNOSTIC DELAYS, LOSS OF DATA, OR DAMAGE TO HARDWARE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold harmless Escalate Apps and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of any rights of another party.
10. Apple App Store & Google Play Terms
If you downloaded Migraine Tracker from the Apple App Store or Google Play Store, the following terms apply:
- These Terms are between you and Escalate Apps only, and not with Apple Inc. or Google LLC. Escalate Apps is solely responsible for the App and its content.
- Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the platform provider (Apple or Google) for a refund of any applicable purchase price. To the maximum extent permitted by law, Apple and Google have no other warranty obligations.
- Apple and its subsidiaries, and Google and its subsidiaries, are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against you upon your acceptance.
11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted in the competent courts of jurisdiction.
12. Modifications to Terms
We reserve the right to revise or modify these Terms at any time. When modifications are made, we will update the "Last Updated" date at the top of this webpage. Your continued use of the App following the posting of revised Terms constitutes your agreement to the modified Terms.
13. Contact Information
If you have any questions or concerns regarding these Terms of Use, please contact us at:
Escalate Apps
Email: escalateapps@gmail.com
14. Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING MIGRAINE TRACKER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE MEDICAL AND CLINICAL DISCLAIMERS SET FORTH HEREIN.