Terms of Use & End User License Agreement

1.Acceptance & who this applies to

These Terms of Use and End User License Agreement (together, the "Terms") are a binding agreement between you and Smart IT US Inc., a Wyoming corporation ("Smart IT," "we," "us," or "our"). "You" means the person using Amaina.

These Terms apply when you:

• visit or use amaina.health (the "Website");
• buy or manage a Amaina subscription; or
• download, install, or use the Amaina mobile app (iOS at launch) (the "App").

The Website and the App together are the "Service."

By creating an account, buying a subscription, downloading the App, or otherwise using the Service, you agree to these Terms, our Privacy Policy, and our Medical Disclaimer. If you're using Amaina on behalf of someone else, you confirm you're allowed to accept these Terms for them.

If you do not agree, do not use the Service.

2.What Amaina is (wellness tracker, not a medical device)

Amaina is a voice-first wellness tracker that helps you record migraine and headache patterns and prepare for a conversation with your doctor. You can speak or type what you experience — timing, intensity, duration, symptoms, aura, medications, and possible triggers — and Amaina organizes it into a clear log and timeline you can share with your healthcare provider.

To structure your notes into fields and draft your doctor summary, we use a third-party AI provider (Anthropic's Claude). We send your text to that AI only after you give explicit, separate consent to AI processing; you can always decline and use the tap / manual-entry option instead, which uses no AI. See Section 9, the AI Processing Disclosure, and the Privacy Policy for details.

Amaina is a general-wellness product. It is not a medical device, and it does not diagnose, screen for, predict, or treat any condition.

• Everything Amaina shows you is an observation or association from your own data — never a diagnosis, a risk score, a prediction, or a recommendation to start, stop, change, or avoid any medication or treatment.
• The in-app Insights (for example frequency, sleep, cycle, or activity cards) and any doctor-visit summary are descriptive only. They reflect what you logged. Your doctor draws the conclusions; the App does not.
• Your doctor summary shows a count of your own acute-medication days — a descriptive record of what you logged, not dosing advice, not a diagnosis, and not a personalized risk calculation. Separately, we may show a neutral general educational note that using acute headache medication on roughly 10–15 or more days per month is worth discussing with your doctor. That general note is general information to discuss with your doctor — not a statement about you. It is presented on its own (as a general note or footer), not juxtaposed with your personal count, and your medication-days count carries no medication-overuse-headache (MOH) risk label.
• The weather/barometric feature reads local barometric pressure and a 5-day forecast. On a forecast fall of about 6 hPa or more over ~24 hours the home screen shows a "Pressure dropping today" note, and the weather view charts pressure colour-coded by how fast it is forecast to fall (green "Steady" / amber "Falling" / red "Falling fast"); humidity and temperature are charted with no colour coding. This is a general environmental signal on a fixed, one-size-for-everyone threshold — not personalized to your health history and not a prediction of your headache risk. The "your history" figure (share of your logged attacks at low pressure) is a descriptive look-back.

Amaina never gives medication dosing, prescribing, or avoidance advice, never outputs a diagnosis, and never applies a condition label. For the full framing, see our Medical Disclaimer, which is part of these Terms.

3.Eligibility (18+)

Amaina is for adults aged 18 or older only. By using the Service, you represent and warrant that you are at least 18 years old and able to enter into a binding contract. Amaina is not directed to children, and we do not knowingly collect information from anyone under 18. If we learn that a user is under 18, we will close the account and delete the associated data.

4.Your account

To use the App you create an account. We use Firebase Authentication, so you can sign in with Sign in with Apple, Sign in with Google, or email. To provide the Service we store a small amount of profile information — your first name, email address, optionally your date of birth, and an optional sex field (email is used for login and account recovery; date of birth is optional and used only to give age context to your insights; the sex field is optional and used only for in-app and report context — never sent to analytics or any third party) — along with the headache logs you create. You confirm you're 18 or older with a checkbox at sign-up/onboarding; age eligibility is confirmed by that self-attestation (see Section 3), not by your date of birth. Your date of birth is never sent to Anthropic.

You are responsible for:

• keeping your login credentials secure;
• everything that happens under your account; and
• making sure the information you enter is accurate.

Tell us at support@smart-it.io if you think someone has used your account without permission.

Deleting your account. You can delete your account and its data from within the App at any time (Settings → Delete Account), in addition to contacting us. When you delete your account, we delete your personal data within 30 days, as described in the Privacy Policy, except where we're required to keep limited records by law.

5.Subscription & billing

5.1 How you subscribe

Amaina is sold as an auto-renewable subscription, and there are two purchase paths. Which one you used determines who bills you, where you cancel, and who handles refunds.

(a) In the App, through Apple. You subscribe inside the App using Apple's In-App Purchase system (StoreKit). Apple processes the payment and bills your Apple ID.

(b) On the web, through Stripe. At the end of the Amaina web questionnaire you can subscribe on the checkout page. Stripe collects your card details and processes the payment, and Smart IT US Inc. is the seller of record — this is a contract for the subscription directly between you and us, with Apple playing no part in it.

In both cases we use Adapty to manage and validate your subscription and unlock paid features.

5.2 Price

Amaina is a paid subscription offered on plans of different lengths. The plans available depend on where you buy — in the app or on the web — and are shown on the purchase screen.

The price that applies to you is the one displayed on the purchase screen you used, before you confirm — Apple's purchase sheet for an in-app purchase, or our checkout page for a web purchase. That screen shows the plan, the amount, the billing interval, what you will be charged at renewal, and any introductory or promotional offer. Those displayed terms are the terms of your subscription.

Web purchases: the amount shown at checkout is the amount charged. Prices are in US dollars.

5.3 Auto-renewal (please read)

Your subscription renews automatically until you cancel. The details differ by purchase path.

If you bought in the App (Apple):

• Payment is charged to your Apple ID account at confirmation of purchase.
• The subscription automatically renews at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel at any time in Settings → [your name / Apple ID] → Subscriptions (or App Store → your account → Subscriptions). Turning off auto-renew stops the next renewal; you keep access until the end of the period you've already paid for.
• If the price is going to change, Apple will notify you as required, and where your consent is required the change will not take effect until you agree.

If you bought on the web (Stripe):

• Payment is charged to the card you entered, at confirmation of purchase, and then automatically at the start of each new period until you cancel.
• The renewal amount and interval are shown on the checkout page before you pay. Where a plan starts at an introductory price, the checkout page states what you will be charged afterwards.
• You can manage or cancel at any time on your billing page. The link is included in the subscription emails you receive and is published on amaina.health. On the same page you can switch plans and update your card.
• Cancelling takes effect at the end of the period you have already paid for — you keep access until then, and we do not cut off access mid-period.
• If we change the price of your subscription, we will notify you by email in advance, and where your consent is required the change will not take effect until you agree.

5.4 Refunds & cancellation

Because Amaina is a digital subscription, payments are generally non-refundable except where a refund is required by law, or where we have offered a money-back guarantee for your plan.

App Store purchases — Apple refunds them, we cannot. Refunds for App Store purchases are handled by Apple, not by us. To request one, use Apple's Report a Problem (reportaproblem.apple.com) or contact Apple Support; refunds are granted under Apple's policies and applicable law.

Web purchases — we refund them. For a subscription bought on the web, we are the seller of record and we handle refunds directly. Email legal@smart-it.io. Where a money-back guarantee is offered for your plan, its terms — the window and what it covers — are stated on the checkout page before you pay, and we honour them without additional conditions.

Cancelling is not the same as a refund. Cancelling stops future charges; by itself it does not refund the period you are in.

Deleting your Amaina account does not cancel your subscription. If you delete your account you must also cancel — in your Apple ID subscription settings for an App Store purchase, or on your billing page for a web purchase — otherwise billing continues. If you have a question about a charge, contact us at support@smart-it.io.

5.5 We never see your card

We do not collect, receive, or store your payment card details — on either purchase path.

• App Store purchase: Apple processes the transaction and handles your card under Apple's own terms and privacy policy.
• Web purchase: Stripe collects your card details directly on the checkout page and processes the payment under its own terms. We receive confirmation that a payment succeeded and your subscription status — never the card number.

Our subscription provider, Adapty, receives only your purchase receipt or subscription record, an app-assigned user identifier, and your subscription/entitlement status (no card data and no health data) so we can validate your purchase and unlock paid features. See our Privacy Policy and Subprocessors list.

6.License grant

Subject to these Terms and your active subscription, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on a device you own or control, and to use the Website, for your own personal, non-commercial wellness purposes.

You may not, and may not allow anyone else to:

• copy, modify, translate, or create derivative works of the Service;
• reverse-engineer, decompile, or disassemble the App, except to the limited extent the law allows;
• rent, lease, lend, sell, sublicense, or otherwise transfer the Service;
• remove or alter any proprietary notices; or
• use the Service other than as permitted by these Terms.

We reserve all rights not expressly granted to you.

6.1 Apps downloaded from the Apple App Store

If you download the App from the Apple App Store, your use is also subject to Apple's Licensed Application End User License Agreement (the "Apple Standard EULA", available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). To the extent these Terms conflict with the Apple Standard EULA, these Terms govern the relationship between you and us, and the Apple Standard EULA governs where it applies. You also agree that:

• these Terms are between you and Smart IT only, not with Apple, and Smart IT (not Apple) is solely responsible for the App and its content;
• Apple has no obligation to provide maintenance or support for the App;
• Apple is not responsible for any product warranties or for addressing any claims relating to the App (including product-liability claims, claims that the App fails to conform to legal requirements, and consumer-protection claims), except that, to the extent required by law, any unused portion of an Apple-billed subscription may be refunded through Apple;
• Apple is not responsible for investigating or resolving any third-party intellectual-property claim relating to the App;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and are not on any U.S. Government restricted-parties list; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a user.

7.Acceptable use

When using the Service, please don't:

• use Amaina for anyone other than yourself, or enter another person's health information without their permission;
• try to break, hack, overload, reverse-engineer, or disrupt the Service or its security;
• access the Service through bots, scrapers, or other automated means (other than legitimate search-engine crawlers on public Website pages);
• submit false or misleading information, or impersonate anyone (including us);
• upload malware or anything unlawful;
• resell, repackage, or commercially exploit the Service or any output; or
• use the Service in any way that violates these Terms, applicable law, or someone else's rights (including intellectual-property and privacy rights).

We may suspend or terminate access for anyone who breaks these rules.

8.Intellectual property

The Service — including the software, design, text, graphics, logos, and the "Amaina" name and logo — is owned by Smart IT US Inc. or our licensors and is protected by intellectual-property laws. The Amaina marks are our trademarks (registered or pending). You may not use them without our written permission.

Your data stays yours. The headache logs and other content you create are yours. You grant us a limited license to store, process, and display that content only as needed to operate the Service for you (for example, to structure your notes into fields, generate your insights and doctor summary, sync with your account, and provide support), as described in the Privacy Policy — and, for the AI structuring and doctor-summary features, only after you consent to AI processing as described in the Privacy Policy and AI Processing Disclosure. We do not sell your content, and we do not use your health data to build advertising audiences. Aggregate, de-identified data that cannot reasonably identify you is not subject to this section.

9.Third-party services

Amaina relies on trusted third-party providers to work. Each has its own terms and privacy policy, and your use of the Service means those may also apply to you:

• Stripe — payment processing for the web subscription, and the billing page where you manage or cancel it. Stripe collects your card details directly; we never see or store them. For web subscriptions we are the seller of record.
• Adapty Tech Inc. — subscription and entitlement management for both purchase paths (App Store In-App Purchase and the web subscription through Stripe). Adapty receives your purchase receipt or subscription record, an app-assigned user identifier, and your subscription/entitlement status (no card data, no health data). Apple processes the payment and your card (App Store path) or Stripe does (web path); we never receive it. Adapty also forwards subscription-lifecycle events (trial start, purchase, renewal, cancellation) to Amplitude through a server-side integration, keyed to the same anonymous Firebase identifier; because these are billing/contractual records they are sent regardless of the "Usage analytics" toggle, and they contain no card data, no health data, no log content, and no AI output.
• Anthropic (Claude) — our backend sends the text of your notes to Anthropic's Claude API to structure it into fields (and, for the doctor summary, to draft descriptive text). We send this text to Anthropic only after you give explicit, separate consent to AI processing; you can decline and use the tap / manual-entry option instead, which uses no AI. Audio is never sent to Anthropic or to us. See the AI Processing Disclosure and Privacy Policy.
• Apple — speech transcription (processed on-device where the OS supports it; Apple may process some audio on its servers under Apple's terms — but the audio is never sent to us or to Anthropic, only the resulting text), HealthKit, Sign in with Apple, App Store delivery, and In-App Purchase billing.
• Google (Firebase) — Firebase Authentication, Firestore storage, and Firebase Crashlytics (crash diagnostics). Crashlytics receives anonymous crash reports (stack traces, device/OS) to fix bugs — never health data, and not linked to your identity. It is off by default; you can turn it on or off under "Crash diagnostics" in Settings → Privacy & consent.
• Amplitude — anonymous in-app product analytics. Amplitude receives anonymous behaviour / funnel / environment events only — for example screens and funnel steps, an attack's severity as a coarse bucket, medication as a yes/no, a trigger count, and report / paywall / weather-banner interactions — never raw or derived health data, medication or trigger names, dates, pain-location values, log content, or AI output. For the current behaviour-event list, see our Privacy Policy. You are identified only by an anonymous internal user id (your Firebase UID), never your name or email. US data region. IP address, geo (country/region/city/DMA/lat-lng), carrier, and advertising id capture are disabled in the Amplitude SDK (TrackingOptions), build 22 — so no IP address or location is collected, and "Usage analytics = No" does not depend on a console setting. Behaviour/usage events are collected only when you turn on "Usage analytics" (off by default). Separately — and independent of that toggle — subscription-lifecycle events (trial start, purchase, renewal, cancellation) are forwarded to Amplitude server-side by our subscription provider (Adapty), keyed to the same anonymous Firebase identifier; because these are billing/contractual records they are sent regardless of the "Usage analytics" toggle, and they contain no card data, no health data, no log content, and no AI output. No Session Replay; no advertising or cross-app tracking (no IDFA / no ATT).
• OpenWeatherMap — barometric pressure and a 5-day forecast used for the general weather-awareness note and the weather charts.
• On the Website only — HubSpot (email/CRM) and Google/Meta advertising pixels (aggregate, consent-gated conversion measurement). These advertising pixels run on the website only, not in the app; the in-app analytics and crash diagnostics above are the Amplitude and Firebase Crashlytics SDKs described in the Privacy Policy, and neither feeds advertising or receives health data.

For exactly what data each provider receives, how we safeguard it, and the current list, see our Privacy Policy and Subprocessors list. We may also link to other websites we don't control and aren't responsible for.

10.Disclaimers

Security. We maintain reasonable technical and organizational safeguards to protect your data, and we follow the FTC Health Breach Notification Rule — and the breach-notification duties of where you live — if a breach of your health data occurs. This is not a guarantee of absolute security. See our Privacy Policy for how we protect your data and how we notify you in the event of a breach.

The Service is provided "as is" and "as available," without warranties of any kind. To the fullest extent allowed by law, we disclaim all warranties — express, implied, or statutory — including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. In Québec, this disclaimer does not apply to the extent it is inconsistent with the Consumer Protection Act.

10.1 Not medical advice

Amaina is a wellness tool, not a medical service, and nothing in the Service is medical advice, diagnosis, or treatment. Insights, patterns, weather views, overuse notes, and doctor summaries are observations from your own data, not clinical conclusions. Your doctor summary is a patient-generated health record to help your conversation — not a clinical report.

Never use Amaina to delay, replace, or substitute for professional medical care. Always consult a qualified healthcare provider about your health. In an emergency, call your local emergency number immediately — 911 in the U.S. and Canada, 000 in Australia, 111 in New Zealand (112 in the EU/UK, or your local equivalent). Do not use Amaina to handle an emergency. See our full Medical Disclaimer.

11.Limitation of liability

To the fullest extent allowed by law, Smart IT US Inc. and our officers, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or health outcomes, arising from or related to your use of (or inability to use) the Service — even if we've been advised of the possibility.

To the fullest extent allowed by law, our total liability for any claim relating to the Service is limited to the greater of $100 or the amount you paid us for the Service in the 12 months before the claim.

Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law — including for gross negligence, willful misconduct, fraud, or your mandatory consumer-protection or data-protection rights. In Québec, this section does not apply to the extent it is inconsistent with the Consumer Protection Act or the Civil Code of Québec.

12.Indemnification

You agree to defend, indemnify, and hold harmless Smart IT US Inc. and our officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right, to the extent permitted by applicable law.

13.Termination

You can stop using the Service and delete your account at any time (see Section 4). We may suspend or terminate your access — with or without notice — if you break these Terms, if we're required to by law, or if we discontinue the Service.

If we discontinue the Service or terminate your account without cause while you have a paid, unused subscription period, any refund of the unused portion of an App Store subscription is handled by Apple in accordance with Apple's policies and applicable law; you can request it through Apple as described in Section 5.4.

Sections that by their nature should survive termination — including Sections 8 (Intellectual property), 10 (Disclaimers), 11 (Limitation of liability), 12 (Indemnification), 14 (Governing law), and 17 (Entire agreement) — will survive.

14.Governing law & disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules. Any disputes will be subject to the state and federal courts located in Wyoming, United States, and you and we both consent to their jurisdiction.

If you are a consumer in a jurisdiction with mandatory consumer-protection rights (for example the EU or UK), you may also be entitled to bring claims in the courts of your country of residence, and these Terms do not override those rights.

Canada. If you are a consumer in Canada, nothing in these Terms limits the mandatory consumer-protection rights of your province. In particular, if you are a consumer in Québec, the Consumer Protection Act (Québec) applies to you: you may bring a claim before the courts of Québec, and any provision of these Terms that is inconsistent with that Act does not apply to you.

Australia and New Zealand. If you are a consumer in Australia, you have guarantees under the Australian Consumer Law that cannot be excluded; if you are a consumer in New Zealand, you have rights under the Consumer Guarantees Act 1993. Nothing in these Terms excludes, restricts or modifies those rights.

15.Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the "Effective Date" above and, for material changes, notify you in the App, on the Website, or by email. Your continued use of the Service after an update means you accept the updated Terms. If you don't agree, stop using the Service and cancel your subscription. The current version is always available at amaina.health/terms (English) and amaina.health/amaina-terms-fr (French). The English and French versions have equal force.

16.Severability

If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of the Terms will remain in effect.

17.Entire agreement

These Terms, together with our Privacy Policy and Medical Disclaimer (and, where applicable, the Apple Standard EULA and any store-specific terms), are the entire agreement between you and us regarding the Service, and replace any prior agreements on the subject.

18.Contact us

Legal / privacy: legal@smart-it.io

Support: support@smart-it.io

Mail: Smart IT US Inc., 30 N Gould St Ste R, Sheridan, Wyoming 82801, USA