Terms and Conditions

1. Acceptance and Eligibility

1.1 Acceptance of Terms

By creating an account, downloading the Pauser mobile application (“App”), or visiting www.pauser.health (“Site”), you agree to be bound by these Terms.

1.2 Eligibility

The App is intended only for users aged 18 or older.

2. License and Usage

2.1 Limited License to Use

Pauser Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial health and wellness tracking.

2.2 Prohibited Conduct

You agree not to: (I) Use the App for any illegal purpose; (II) Attempt to reverse engineer, decompile, or hack the App; (III) Use the data or insights from the App to replicate or create a competing product or service.

3. Medical, Data, and Third-Party Disclaimers

3.1 Medical Disclaimer (CRITICAL NOTICE)

PAUSER IS NOT A MEDICAL DEVICE. The App is for informational and wellness purposes only. It cannot diagnose, treat, cure, or prevent any disease. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911.

3.2 Software Warranty & Hardware Disclaimer

A. No Warranty: The App is provided “as is” and without any warranty.

B. No Liability for Service Disruption: We are not liable for any data loss or other damage suffered due to service interruption or downtime. C. Hardware Disclaimer: We are not responsible for the function, operation, or warranty of any third-party devices (e.g., smartwatches, phones) used with the App.

3.3 Privacy & Data Use

Your use of the App is governed by our [Privacy Policy].

3.4 Third-Party Data Accuracy

We are not responsible for the accuracy or completeness of data received from third-party APIs (e.g., Google Fit, Apple Health). We rely on the data provided by those services.

4. User Accounts and Content

4.1 User Accounts & Security

You are responsible for safeguarding your account password.

4.2 User Generated Content (UGC)

You grant Pauser Inc. a limited license to store and display your journal entries and logs (“User Content”) solely for your personal use within the App. We will not use your User Content for marketing without your express, separate consent.

4.3 Research and Development License (NEW CLAUSE)

You grant Pauser Inc. a worldwide, perpetual, irrevocable license to use, copy, modify, and distribute your health data solely in an Anonymized and Aggregated form for the purposes of research, product development, statistical analysis, and algorithm improvement.

5. Financial Terms and Legal Protection

5.1 Subscriptions and Cancellation

Your cancellation will take effect at the end of the current Subscription Term, and you will not receive a prorated refund.

5.2 Indemnification

You agree to indemnify, defend, and hold harmless Pauser Inc. from any third-party claims, liability, damages, and costs (including reasonable legal fees) arising from or relating to your violation of these Terms or your misuse of the App.

5.3 Limitation of Liability (The Cap on Damages)

IN NO EVENT SHALL PAUSER INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID PAUSER, IF ANY, IN THE ONE (1) MONTH PERIOD PRECEDING THE CLAIM.

6. Dispute Resolution

6.1 Governing Law

These Terms shall be governed by the laws of the State of California.

6.2 Mandatory Arbitration

Any dispute must be settled by binding arbitration. You are giving up the right to a trial by jury.

6.3 Class Action Waiver

You may only resolve disputes on an individual basis, and may not bring a claim as a plaintiff or a class member in any class action.

6.4 Location

The arbitration shall take place in Alameda County, California.

7. Miscellaneous (Contract Housekeeping)

7.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement.

7.2 Assignment

You may not assign these Terms. Pauser Inc. may assign these Terms without restriction.

7.3 Severability

If any provision of these Terms is deemed unenforceable, that provision will be deemed severable.

7.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

7.5 Feedback (NEW CLAUSE)

You grant Pauser Inc. a perpetual, irrevocable, royalty-free license to use any suggestions, ideas, enhancement requests, feedback, or recommendations you provide relating to the App.

7.6 Export Control (NEW CLAUSE)

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Contact Us

For legal or support inquiries: Pauser Inc. Email: support@pauser.health