Terms of Service & End User License Agreement

1. Agreement to Terms and Apple Standard EULA

These Terms of Service, together with our Privacy Policy, constitute a legally binding agreement between you and Cephala ("we", "us" or "our"). By downloading, installing, accessing or using the Cephala mobile application (the "App") or the website at cephala.app (the "Site"), you agree to be bound by these terms. If you do not agree, do not install, access or use the App or Site.

The App is licensed, not sold, to you for use strictly under the terms of this Agreement. This Agreement incorporates and supplements Apple's standard Licensed Application End User License Agreement ("Standard EULA"), available at apple.com/legal/internet-services/itunes/dev/stdeula/. In the event of any conflict between this Agreement and Apple's Standard EULA, the terms of this Agreement shall control to the fullest extent permitted by law.

2. Informational and Journaling Scope

Cephala is classified as general wellness and symptom journaling software. It is not registered as a medical device with the United States Food and Drug Administration (FDA), the European Medicines Agency (EMA) or any other health regulatory authority.

Any visual metrics, Visual Analog Scale (VAS) pain ratings, barometric pressure indicators, Medication Overuse Headache (MOH) safety meters and generated 1-Page Doctor Reports represent observational summaries of data manually entered by you. These outputs do not constitute clinical findings, prognostic calculations or diagnostic assessments. You assume full responsibility for how you interpret and use your records.

3. Subscriptions, In-App Purchases and Billing Terms

Cephala offers free core logging features and optional paid auto-renewing subscriptions or one-time lifetime purchases ("Cephala Pro") accessed via Apple In-App Purchases (StoreKit). By selecting a subscription tier, you acknowledge and agree to the following billing terms in compliance with Apple App Store Review Guideline 3.1.2:

• Payment: Payment will be charged to your Apple ID account at the confirmation of purchase.
• Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Renewal Charges: Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current billing period at the rate of the selected plan.
• Subscription Management: You can manage your subscriptions and turn off auto-renewal at any time by navigating to your iPhone Settings > [Your Name / Apple ID] > Subscriptions after purchase.
• Free Trial Terms: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication or tier, where applicable.
• Price Changes: Apple reserves the right to adjust subscription pricing in accordance with Apple Media Services policies. In the event of a price increase, Apple will notify you in advance and require your consent to renew at the higher price.
• Refunds: All purchases and transactions are processed directly by Apple Inc. All requests for refunds must be submitted to Apple at reportaproblem.apple.com under Apple Media Services Terms and Conditions. Cephala developers do not process, control or issue refunds directly.

4. Data Custody and Backup Responsibility

Cephala is built on a local-first privacy model. Your headache logs, medication entries and settings are stored locally on your device in an encrypted app container.

Because Cephala does not maintain user accounts or cloud servers storing your health logs, you acknowledge and agree that you are solely responsible for maintaining backups of your device and data through Apple iCloud device backups or manual JSON exports. Cephala and its developers cannot restore, retrieve or recover lost records resulting from device loss, hardware damage, iOS operating system reinstallation or accidental application deletion.

5. Limited License and Restrictions

Subject to your compliance with this Agreement, Cephala grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the App on iOS devices that you own or control, strictly as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You agree not to:

• Decompile, reverse engineer, disassemble, decrypt or derive the source code of the App.
• Modify, adapt, translate or create derivative works based upon the App.
• Circumvent, disable or tamper with any digital rights management, security or StoreKit validation mechanisms in the App.
• Distribute, rent, lease, lend, sell, sublicense or transfer the App to any third party.
• Use the App in any manner that violates applicable local, national or international laws.

6. Intellectual Property

All rights, title and interest in and to the App and Site, including but not limited to design systems, user interfaces, visual assets, software code, algorithms, typography arrangements and brand marks ("Cephala"), are the exclusive property of Cephala and its licensors. All rights not expressly granted to you herein are reserved.

7. Apple as Third-Party Beneficiary

You and Cephala acknowledge and agree that:

• This Agreement is concluded between you and Cephala only, and not with Apple Inc. Cephala is solely responsible for the App and its content.
• Apple has 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 Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Cephala, not Apple, is responsible for addressing any claims relating to the App or your possession and use of the App, including product liability claims, failure to conform to legal requirements and consumer protection claims.
• In the event of any third-party claim that the App or your possession and use of the App infringes intellectual property rights, Cephala, not Apple, will be responsible for investigation, defense, settlement and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

8. Disclaimer of Warranties ("AS IS")

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CEPHALA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT SENSOR READINGS (SUCH AS BAROMETRIC PRESSURE) WILL BE 100% ACCURATE OR THAT DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEPHALA, ITS DEVELOPERS, AFFILIATES, OFFICERS, AGENTS OR LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, HEALTH COMPLICATIONS, PROPERTY DAMAGE, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CEPHALA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF FIFTY US DOLLARS ($50.00) OR THE TOTAL AMOUNT PAID BY YOU FOR CEPHALA IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify and hold harmless Cephala, its developers and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the App, your violation of these Terms or your infringement of any intellectual property or health-related rights of any other person.

11. Governing Law, Dispute Resolution and Class Action Waiver

This Agreement and any dispute arising from your use of the App or Site shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

YOU AND CEPHALA AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CEPHALA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

12. Severability and Entire Agreement

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

This Agreement, together with the Privacy Policy and Apple's Standard EULA, constitutes the entire agreement between you and Cephala with respect to the App and supersedes all prior or contemporaneous understandings regarding such subject matter.

13. Revisions to Terms

We reserve the right to revise or replace these Terms of Service at our sole discretion. Revisions will be posted directly to this page on our website. Your continued access to or use of the App following any revisions constitutes your acceptance of the updated terms.

14. Contact and Support

If you have questions, feedback or legal inquiries regarding these Terms of Service, please contact our team directly: