Terms of Service

Introduction

Welcome to MenoLisa. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Macura Solutions LLC ("Company," "we," "us," or "our") governing your access to and use of the MenoLisa application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using MenoLisa, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Description of Service

1.1 What MenoLisa Is

MenoLisa is an educational application designed to help women navigate menopause by providing:

• Symptom Tracker: A tool to log and track menopause symptoms, including type, severity, timing, triggers, and personal notes.
• Mood Tracker: A feature to record daily mood and emotional wellness.
• Hydration Tracker: A tool to monitor daily water intake.
• Lisa AI Assistant: An AI-powered chatbot that answers questions about menopause, provides educational information, and offers personalized insights based on your tracked data.
• Weekly Insights: Automated analysis of your tracked data to help identify patterns and trends.
• Health Summary Reports: Downloadable summaries of your tracked data that you may share with healthcare providers.

1.2 What MenoLisa Is NOT

• MenoLisa is NOT a medical service. The Service does not provide medical advice, diagnosis, treatment, or medical consultations. MenoLisa is strictly an educational and informational tool.
• MenoLisa is NOT a substitute for professional medical care. The information provided through the Service, including responses from Lisa, is for general educational purposes only and should not replace consultation with qualified healthcare professionals.
• MenoLisa is NOT intended for medical emergencies. If you are experiencing a medical emergency, please call emergency services or go to the nearest emergency room immediately.

2. Eligibility

To use MenoLisa, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete information when creating your account

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access MenoLisa, you must create an account by providing your email address. We use passwordless authentication via magic links sent to your email for secure access.

3.2 Account Responsibility

You are responsible for:

• Maintaining the security of your email account used for authentication
• All activities that occur under your account
• Notifying us immediately if you suspect unauthorized access to your account
• Ensuring the information you provide is accurate and up to date

3.3 One Account Per User

Each user may maintain only one active account. We reserve the right to terminate duplicate accounts.

4. Subscription and Payment

4.1 Free Trial

We offer a free trial period that provides full access to all features of the Service. The duration of the free trial will be displayed at the time of registration. You will receive reminders as your trial period approaches its end.

4.2 Subscription Plans

After the free trial, continued access to MenoLisa requires a paid subscription. Subscription details, including pricing, billing frequency, and available plans, will be clearly displayed before you are asked to make any payment.

4.3 Billing

By subscribing to MenoLisa, you authorize us to charge your selected payment method for the subscription fees at the beginning of each billing period. Subscriptions automatically renew unless canceled before the renewal date.

4.4 Price Changes

We reserve the right to modify subscription prices. Any price changes will be communicated to you in advance and will take effect at the start of your next billing period. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Refund Policy

5.1 Seven-Day Refund Period

We offer a 7-day refund policy from the date of your initial subscription purchase. If you are not satisfied with MenoLisa for any reason, you may request a full refund within this period.

5.2 How to Request a Refund

To request a refund, you must contact us at menolisahelp@gmail.com within 7 days of your purchase date. Your refund request must include:

• The email address associated with your account
• Your purchase date
• A brief explanation of the reason for your refund request (this helps us improve our Service)

5.3 Refund Processing

Once we receive and verify your refund request, we will process your refund within 5-10 business days. Refunds will be credited to the original payment method used for the purchase.

5.4 Refund Limitations

The following limitations apply to our refund policy:

• Refunds are only available for the initial subscription purchase, not for renewal payments
• Refund requests made after the 7-day period will not be honored
• Users who have previously received a refund are not eligible for additional refunds
• Refunds do not apply to chargebacks or disputed transactions processed through your payment provider

5.5 Account Status After Refund

Upon processing a refund, your subscription will be canceled and your access to premium features will end immediately. Your account data will be retained for 30 days in case you decide to resubscribe, after which it will be deleted unless you request earlier deletion.

6. Cancellation

6.1 How to Cancel

You may cancel your subscription at any time through your account settings or by contacting us at menolisahelp@gmail.com. Cancellation will take effect at the end of your current billing period.

6.2 Effect of Cancellation

After cancellation:

• You will retain access to the Service until the end of your current billing period
• You will not be charged for subsequent billing periods
• Your account and data will be retained but you will lose access to premium features
• You may resubscribe at any time

6.3 Account Deletion

If you wish to delete your account entirely, you may do so through the app settings or by contacting us. Account deletion is permanent and will result in the loss of all your data within 30 days.

7. User Conduct

7.1 Acceptable Use

You agree to use MenoLisa only for lawful purposes and in accordance with these Terms. You will use the Service for its intended purpose as an educational tool and personal symptom tracker.

7.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated means (bots, scrapers, etc.) to access the Service without our permission
• Upload or transmit viruses, malware, or other malicious code
• Collect or harvest personal information of other users
• Use the Service to spam, harass, or harm others
• Reverse engineer, decompile, or disassemble any part of the Service
• Reproduce, duplicate, copy, sell, or resell any part of the Service
• Share your account credentials with others
• Use the Service in any manner that could damage, disable, or impair the Service

7.3 User Content

You are solely responsible for any content you submit to the Service, including symptom logs, notes, and conversations with Lisa. You agree that your content will not violate any third-party rights or any applicable laws.

8. Intellectual Property

8.1 Our Intellectual Property

MenoLisa, including its design, features, content, software, and all related intellectual property, is owned by Macura Solutions LLC and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, or create derivative works from any part of the Service without our express written permission.

8.2 Your Content

You retain ownership of any content you create and submit to the Service (such as notes and personal data). By using the Service, you grant us a limited license to use, store, and process your content solely for the purpose of providing the Service to you.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to compensate you.

9. Medical Disclaimer

9.1 No Medical Advice

MENOLISA DOES NOT PROVIDE MEDICAL ADVICE.

9.2 Consult Healthcare Professionals

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information you received through MenoLisa.

9.3 No Doctor-Patient Relationship

Use of MenoLisa does not create a doctor-patient relationship between you and Macura Solutions LLC or any of its employees, contractors, or affiliates.

9.4 Emergency Situations

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call emergency services immediately. MenoLisa is not designed for medical emergencies.

9.5 Information Accuracy

While we strive to provide accurate and up-to-date educational information, we make no representations or warranties about the accuracy, completeness, reliability, or suitability of the information provided. Menopause experiences vary greatly between individuals, and what applies to one person may not apply to another.

10. Disclaimer of Warranties

10.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, MACURA SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION

10.3 Third-Party Services

We make no warranties regarding any third-party services, products, or content that may be accessed through or in connection with the Service.

11. Limitation of Liability

11.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACURA SOLUTIONS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• PERSONAL INJURY OR PROPERTY DAMAGE
• BUSINESS INTERRUPTION
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• ANY DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE

11.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3 Basis of the Bargain

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

11.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Macura Solutions LLC and its directors, officers, employees, agents, partners, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws, rules, or regulations
• Any content you submit to the Service
• Any misrepresentation made by you

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Modifications to the Service

13.1 Changes to Features

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes adding, removing, or changing features, functionality, or content.

13.2 No Liability for Changes

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

14. Modifications to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the app or via email before the changes take effect
• Provide you the opportunity to review the changes

14.2 Acceptance of Modified Terms

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

15. Termination

15.1 Termination by You

You may terminate your account at any time by following the account deletion process in the app settings or by contacting us.

15.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we determine, in our sole discretion, to be harmful to the Service or other users
• Non-payment of fees
• Upon request by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security issues

15.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• All provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification
• We may delete your data in accordance with our Privacy Policy

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms 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.

16.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through the following process:

• Informal Resolution: Before initiating formal proceedings, you agree to contact us at menolisahelp@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.
• Binding Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language and shall take place in Delaware or remotely via video conference.
• Class Action Waiver: YOU AND MACURA SOLUTIONS LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Macura Solutions LLC regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

17.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, or internet or telecommunications failures.

17.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

Macura Solutions LLC
For general inquiries: menolisahelp@gmail.com
For legal matters: menolisahelp@gmail.com
For privacy concerns: menolisahelp@gmail.com