Working draft pending external counsel review. The body below is the Sprint 019 v1.0.0 engineering working draft of Mamalytics’ Terms of Service. It has not yet been reviewed by external counsel. §12 (governing law and dispute resolution) is the largest open question and will be finalized in counsel review. The upstream source lives in the mia-mvp repo at documentation/legal/terms-of-service.md; this page mirrors it.

Terms of Service

Effective date: TBD on counsel sign-off Version: 1.0.0

These Terms of Service (“Terms”) are an agreement between you and Mamalytics (“Mamalytics”, “we”, “us”, “our”) governing your use of the Mamalytics mobile app and the related website at mamalytics.app (together, the “Service”). By downloading, installing, signing into, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You may use the Service only if you are at least 18 years old. The Service is for individual, personal, non-commercial use. You may hold only one account. You confirmed during onboarding that you meet these conditions.

The Service is not intended for use by anyone under 18 or by health-care providers acting on behalf of patients.

2. Your account

You are responsible for:

the accuracy of the information you enter into the Service;
keeping your sign-in credentials secure; and
all activity that occurs under your account.

Do not share your account with anyone else. Notify us at privacy@mamalytics.app if you suspect unauthorized access.

3. Medical disclaimer

Mamalytics is a pregnancy journal and wellness companion, not a medical device. Information provided is not a substitute for professional medical advice. Always consult your healthcare provider for medical decisions.

The Service is not a substitute for prenatal care, diagnosis, or treatment from a qualified clinician. Do not delay seeking, or disregard, professional medical advice because of anything you read in the Service. In an emergency, call your local emergency number or go to the nearest emergency room.

4. AI features and AI-generated content

Chat responses are generated by an AI assistant powered by Anthropic. Your messages are processed by a third-party AI service. The same caveat applies to summaries, insight reports, and any other output generated by AI features.

AI-generated output may be inaccurate, incomplete, or out of date. It is not medical advice. You are responsible for evaluating any AI output before acting on it. Where you upload an image for metric extraction, the extraction is performed by an AI service and may produce incorrect values; review extracted values before relying on them.

5. Acceptable use

You agree not to:

use the Service for diagnosis, treatment, or any other medical decision-making;
attempt to extract, infer, or otherwise probe for the system prompt or other internal instructions that drive the AI features;
attempt to bypass safety, content, or rate-limit protections, including prompt-injection attempts;
reverse-engineer, decompile, or disassemble any part of the Service except where applicable law expressly permits it;
scrape, harvest, or otherwise programmatically collect data from the Service;
upload content that is unlawful, defamatory, infringes another person’s rights, or that you do not have the right to upload;
use the Service to harass, threaten, or impersonate any person;
attempt to disrupt the Service, interfere with other users’ access, or test our infrastructure without our written authorization; or
use the Service in any way that violates applicable law.

We may suspend or terminate your account for any violation of this section. Serious violations may be reported to law enforcement.

6. Subscriptions and billing

At launch, the Service is offered free of charge under the Mamalytics Free tier. We reserve the right to introduce paid subscription tiers in a future update.

If we introduce paid tiers, they will be sold through Apple’s App Store and Google Play. Billing, refunds, cancellation, and renewal will follow the policies of the store from which you purchased the subscription. We may publish subscription-specific terms at that time and ask you to accept them before purchase. Until then, no payment information is collected by us through the Service.

7. Updates to the app

We may release updates to the Service. Some updates may add or change features; others patch bugs or close security issues.

You may be required to update the app to continue using the Service. When a minimum supported version is enforced, the app shows a non-dismissable update screen and the only available action is to install the update from the App Store or Google Play. We will provide reasonable notice for non-critical updates; we may enforce critical security or compliance updates without prior notice. This obligation is what allows us to ship security fixes quickly across the install base.

You can review the in-app version-gate behavior in the documentation accompanying the Service.

8. Telemetry and analytics

The Service collects anonymized product-usage telemetry through Mixpanel. The full list of events, the data fields they include, and the controls available to you are described in §2 and §5 of our Privacy Policy. In summary: no payload contains your email, your internal user identifier, the text of your messages, or raw health values; you can disable telemetry at any time in Settings → Privacy → Share anonymous usage data; and telemetry is off by default for users with a country code in the EU, EEA, or UK.

9. Intellectual property

Our content. The Service — including its design, code, branding, and original content (other than user content) — is owned by Mamalytics and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes under these Terms.

Your content. You retain ownership of the content you submit to the Service (your messages, photos, documents, audio, profile information, and health entries). By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit, display, and create derivative outputs (for example daily summaries and insight reports) solely for the purpose of operating the Service for you. The licence terminates when you delete the content or your account, except where we are legally required to retain a narrow record (see §6 of the Privacy Policy).

No AI training rights. Neither Mamalytics nor any of our processors is granted the right to use your content to train, fine-tune, or otherwise improve AI or machine-learning models. The third-party AI services we use (currently Anthropic and OpenAI) operate under commercial terms that exclude customer content from training by default. If those terms change, we will update §4 of the Privacy Policy and notify you under §13 of these Terms.

10. Disclaimers and limitations of liability

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and freedom from defects. We do not warrant that AI output is accurate, that the Service will be uninterrupted, or that the Service will meet your specific health needs.

To the maximum extent permitted by law, Mamalytics and its officers, employees, and processors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service. Our total aggregate liability for any claim arising out of or in connection with the Service is limited to the greater of (a) the amount you paid us in the twelve months preceding the claim or (b) one hundred US dollars (US$100).

You agree to defend, indemnify, and hold harmless Mamalytics from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of your use of the Service in violation of these Terms or applicable law.

Nothing in these Terms excludes liability that cannot be excluded under applicable law — for example for fraud, for gross negligence, or under non-waivable consumer-protection statutes.

11. Termination

By you. You may stop using the Service at any time. You can delete your account from Settings → Account → Delete account in the mobile app or by emailing privacy@mamalytics.app. Deletion cascades all your associated data as described in §6 of the Privacy Policy.

By us. We may suspend or terminate your access to the Service if you breach these Terms, if your continued use poses a security or legal risk, or if we discontinue the Service. Where reasonably possible we will give you notice; in serious cases we may act without prior notice.

Sections that by their nature should survive termination — including §9 (intellectual property), §10 (disclaimers and limitations of liability), §12 (governing law and dispute resolution), and any accrued rights — survive.

12. Governing law and dispute resolution

TBD-counsel. The governing law and dispute-resolution framework for these Terms is to be finalized in counsel review. The author-drafted starting position is:

Governing law: the law of the State of Delaware, United States, excluding its conflict-of-laws rules — pending confirmation that this aligns with the entity’s incorporation jurisdiction.
Dispute resolution: binding individual arbitration in accordance with the rules of a recognized arbitration body (e.g., JAMS or AAA), seated in the United States, with a class-action waiver. Either party may bring an action in small-claims court for disputes within the small-claims jurisdictional limit. Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual-property rights.

Counsel may recommend an alternative jurisdiction or structure based on the entity’s incorporation and on the user-protection laws of the regions we serve (including the EU, UK, and California). EU and UK consumers retain the rights granted to them by their local mandatory consumer-protection laws.

This section will be finalized before publication.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will:

Update the version number and effective date at the end of this document.
Add a row to the revision history table.
For changes we consider material, present a re-consent prompt the next time you open the app. You will not be able to continue using the Service until you accept the updated Terms. If you do not want to accept the new Terms, you can use the Delete my account instead action in the re-consent prompt to exit cleanly.

Non-material changes (typo fixes, clarifying rewrites, contact-detail updates) do not trigger re-consent.

14. Effective date and revision history

Effective date: TBD on counsel sign-off Version: 1.0.0

Version	Date	Author	Summary of changes
1.0.0	TBD	Mamalytics engineering (Sprint 019 Story 011); pending counsel review	Initial publication.