Terms of Use

Effective and Last Updated: August 26, 2026

These Terms of Use (“Terms”) govern use of the Cefalea iOS application, website, documentation, and related support (collectively, “Cefalea” or the “Service”). Cefalea is provided by Ezequiel França (the “Developer,” “we,” “us,” or “our”).

Please read these Terms, the Privacy Policy & Consumer Health Data Notice, and the Apple Licensed Application End User License Agreement that applies to apps distributed through the App Store. By downloading, installing, accessing, or using Cefalea, you agree to these Terms. If you do not agree, do not use Cefalea.

Mandatory consumer rights and laws that cannot legally be waived remain unaffected.

1. Important health and safety warning

Cefalea is a personal record-keeping tool. It is not a medical device, emergency service, clinician, pharmacy, diagnostic system, or treatment service.

Cefalea does not diagnose migraine or any other condition, determine the cause of symptoms, recommend medication, verify dosage, predict an attack, provide medical advice, or replace a qualified health professional. Patterns and correlations in a diary do not prove causation. Reports and summaries may be incomplete, inaccurate, delayed, or affected by what you entered and by device behavior.

Do not use Cefalea to decide whether to take, stop, combine, delay, or change medication. Verify all medication names, doses, schedules, contraindications, and instructions with the label, pharmacist, or licensed clinician. Do not delay seeking care because of information recorded or displayed in Cefalea.

If you experience a new, sudden, unusually severe, rapidly changing, or otherwise concerning symptom—or believe you may have an emergency—contact local emergency services or a qualified health professional immediately. Cefalea does not monitor you and cannot summon help.

No use of Cefalea creates a doctor-patient, therapist-patient, pharmacist-patient, fiduciary, or other professional relationship with the Developer.

2. Eligibility and authority

You must be legally capable of agreeing to these Terms. If you are under the age of legal majority where you live, you may use Cefalea only with the involvement and permission of a parent or legal guardian. Cefalea is not directed to children under 13.

If you use Cefalea for another person, you represent that you have lawful authority and permission to do so and that you will protect their information. Do not record another person’s information without a lawful basis and their authorization where required.

3. License and Apple usage rules

Subject to these Terms, the Developer grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use Cefalea on Apple-branded products you own or control, as permitted by the Apple Media Services usage rules, including permitted Family Sharing where applicable.

You receive a license, not ownership of the App. The Developer and licensors retain all rights not expressly granted.

If you obtained Cefalea through Apple:

• these Terms are between you and the Developer, not Apple;
• Apple is not responsible for Cefalea or its content and has no obligation to provide maintenance or support;
• the Developer, not Apple, is responsible for addressing claims concerning Cefalea, including product-liability, legal-compliance, consumer-protection, and intellectual-property claims, except as otherwise required by law;
• if Cefalea fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple and Apple may refund the purchase price, if any, subject to Apple’s rules; to the maximum extent permitted by law, Apple has no other warranty obligation;
• you must comply with applicable third-party terms, including Apple’s terms; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-related provisions against you.

Where Apple’s standard EULA applies, these Terms supplement it. If a non-waivable conflict exists, mandatory law and then the applicable Apple terms control.

4. Your records and responsibilities

You control what you enter. You are responsible for:

• the accuracy, completeness, legality, and appropriateness of your entries;
• independently verifying information before relying on or sharing it;
• exporting records you need to preserve, because Cefalea’s health-data directories are excluded from system backup;
• protecting your device, Apple account, passcode, biometric settings, and exported files;
• reviewing Apple Health permissions and data separately;
• deciding what to disclose to a clinician, family member, insurer, employer, or anyone else; and
• complying with laws that apply when you record or share another person’s information.

You retain ownership of your diary content. Normal use does not grant the Developer access to that content. If you deliberately send content to support, you grant us a limited license to host, reproduce, and examine it only as reasonably necessary to answer the request, secure the Service, comply with law, and protect legal rights.

5. Apple Health, device services, and exports

Apple Health integration is optional. Apple controls HealthKit authorization, the Health app, and underlying health store. Cefalea may not know whether read permission was denied, and data can differ between Cefalea and Apple Health. Deleting data in one place may not delete a separate copy in the other.

Face ID, Touch ID, Live Activities, notifications, photo/document selection, and share destinations are Apple or third-party platform features. Their availability, security, retention, and behavior are outside the Developer’s exclusive control. Cefalea marks its health-data storage as excluded from system backup, so a device restore may not recover your diary.

When you export or share a report, CSV, attachment, or other information, you direct the disclosure. You are responsible for confirming the intended recipient and protecting the resulting copy. The Developer is not responsible for what a recipient or destination does with information you choose to share.

6. Privacy

The Privacy Policy & Consumer Health Data Notice describes the App’s local processing and the limited information the Developer may receive through the website, App Store, or support. By using Cefalea, you acknowledge that notice. Consent is requested separately where applicable, including through Apple’s HealthKit interface.

7. Acceptable use

You may not:

• copy, modify, distribute, sell, lease, sublicense, or commercially exploit Cefalea except as permitted by law;
• reverse engineer, decompile, disassemble, discover source code, or bypass technical protections except to the limited extent such restriction is prohibited by applicable law;
• use Cefalea to violate privacy, intellectual-property, export-control, sanctions, consumer-protection, medical, or other law;
• introduce malware, overload or disrupt the Service, probe security without written authorization, or interfere with another user;
• misrepresent Cefalea output as a diagnosis, verified medical record, prescription, or professional recommendation;
• use the Service to make automated decisions about another person’s employment, insurance, credit, housing, eligibility, or access to care; or
• use Cefalea in a clinical, emergency, safety-critical, or regulated workflow where failure or delay could cause death, personal injury, or material harm unless a separate written agreement expressly authorizes that use.

8. Intellectual property and feedback

Cefalea’s software, design, branding, copy, and documentation are protected by intellectual-property laws. Third-party names and marks belong to their owners.

If you provide an idea or feedback without a separate written confidentiality agreement, you grant the Developer a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate it without restriction or compensation. This does not transfer ownership of your private diary entries.

9. Updates, availability, and changes

We may add, remove, suspend, limit, or change features; issue security or compatibility updates; or discontinue the Service. Device, operating-system, App Store, HealthKit, and regional changes may affect availability. You are responsible for installing updates and exporting information you wish to retain before removing the App.

We do not promise that Cefalea will always be available, error-free, compatible with every device, or capable of preserving every record. Where mandatory law requires updates, conformity, notice, or remedies, those obligations remain unaffected.

10. Support

Support is provided on a reasonable-efforts basis through the Ezequiel Support portal. Do not submit unnecessary health information. We do not promise a particular response time or resolution unless required by law or separately agreed in writing.

11. No professional or regulatory representation

Unless explicitly stated in a separate signed agreement, Cefalea is not offered as:

• a regulated medical device or clinical decision-support system;
• a HIPAA-covered service or business-associate service;
• a substitute for a legally required medical record;
• a validated research instrument or clinical-trial system;
• an insurer, employer, pharmacy, telehealth provider, or emergency-response service; or
• a guarantee that any authority, clinician, insurer, court, or other party will accept an export.

Marketing, educational materials, research citations, and personal stories describe context and design goals; they are not medical claims, warranties, or promises of an individual outcome.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CEFALEA IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS.

We do not warrant that records, timers, reminders, Live Activities, HealthKit synchronization, reports, attachments, exports, or security controls will be complete, uninterrupted, current, or error-free. You assume the risk of using Cefalea as a personal diary and of decisions made from your own entries.

Some jurisdictions do not permit particular exclusions. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER AND CONTRIBUTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OR CORRUPTION OF DATA; LOSS OF PROFITS, REVENUE, GOODWILL, OR OPPORTUNITY; PERSONAL DECISIONS MADE USING THE APP; OR FAILURE OF A DEVICE, BACKUP, HEALTHKIT, EXPORT DESTINATION, OR THIRD-PARTY SERVICE—EVEN IF ADVISED THAT SUCH DAMAGE IS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL AGGREGATE LIABILITY ARISING OUT OF CEFALEA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR CEFALEA DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) EUR 100 (OR LOCAL-CURRENCY EQUIVALENT).

These limits apply to all theories of liability and allocate risk between the parties. They do not exclude liability that cannot be limited, including where applicable liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights.

14. Indemnity

To the extent permitted by law, and excluding consumers in jurisdictions where such an obligation is prohibited, you will defend, indemnify, and hold harmless the Developer and contributors from third-party claims, losses, and reasonable costs arising from your unlawful use of Cefalea, violation of another person’s rights, unauthorized recording or disclosure of another person’s data, or material breach of these Terms. This does not require indemnification for the Developer’s own unlawful conduct.

15. Suspension and termination

You may stop using Cefalea at any time. We may suspend or terminate access where reasonably necessary to address unlawful use, security risk, material breach, legal requirements, or discontinuation. Because core diary data is stored locally, uninstalling the App generally ends use but may not delete Apple Health data, backups, or exported copies.

Provisions that by their nature should survive—including intellectual property, disclaimers, liability limits, dispute terms, and accrued rights—survive termination.

16. U.S. dispute resolution and individual arbitration

This section applies only to users in the United States and only to the extent enforceable under applicable law.

Informal resolution first

Before filing a claim, the claimant must submit a written notice through the Ezequiel Support portal describing the name and contact information of the claimant, the facts, the requested relief, and a good-faith calculation of any monetary demand. Label the request Legal Notice and retain the submission confirmation. The parties will attempt in good faith to resolve the dispute individually for 60 days. Limitation periods are tolled during that period where legally permitted.

Binding individual arbitration

Except for qualifying small-claims matters, requests for public injunctive relief that cannot lawfully be arbitrated, and claims concerning infringement or misuse of intellectual-property rights, unresolved disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Hearings may occur remotely unless the arbitrator requires otherwise.

The arbitrator may award the same individual remedies a court could award, but only for the individual claimant. A court—not the arbitrator—will decide disputes about the class-action waiver or whether this arbitration section is enforceable as a whole.

No class or representative proceedings; jury waiver

To the extent permitted by law, disputes must proceed individually. Neither party may bring or participate in a class, collective, consolidated, mass, coordinated, private-attorney-general, or representative action in arbitration. If a court finally determines that a particular claim or remedy cannot be subject to this waiver, only that claim or remedy may proceed in court after arbitrable matters are completed.

Where arbitration applies, both parties waive trial by jury.

Arbitration opt-out

You may opt out of this arbitration section by submitting a written request through the Ezequiel Support portal within 30 days after first accepting these Terms. Label the request Arbitration Opt-Out, include your name, the contact address used for the request, and an unambiguous statement that you opt out of arbitration, and retain the submission confirmation. Opting out does not affect any other term.

17. EEA, United Kingdom, Switzerland, and Brazil consumers

Nothing in these Terms deprives a consumer of non-waivable rights, statutory warranties, conformity remedies, or access to courts and regulators available under the law of the consumer’s habitual residence.

The U.S. arbitration and class-waiver section does not apply where prohibited. Consumers in the EEA, United Kingdom, Switzerland, or Brazil may bring claims in a competent court available under mandatory local law. A limitation or disclaimer applies only to the extent lawful in that jurisdiction.

18. Governing law and venue

Except for the U.S. arbitration section and mandatory laws that apply based on your residence, these Terms are governed by the laws of Portugal, without regard to conflict-of-law rules. Where an exclusive forum selection is lawful, courts in Lisbon, Portugal have exclusive jurisdiction. Consumers retain any right to bring proceedings in their place of residence that cannot be waived.

19. Export and sanctions compliance

You represent that you are not prohibited from receiving or using the App under applicable export-control or sanctions laws, are not located in a territory subject to a comprehensive U.S. government embargo where distribution is prohibited, and are not listed on any U.S. government prohibited- or restricted-party list. You will not use or export Cefalea in violation of applicable law.

20. Changes to these Terms

We may update these Terms to reflect changes to Cefalea, providers, risk, or law. Material changes will receive reasonable notice through the App, website, App Store release notes, or another appropriate channel before taking effect where required. If affirmative acceptance is legally required, continued use alone will not substitute for that acceptance. The effective date identifies the current version.

21. General terms

These Terms, the Privacy Policy, and applicable Apple terms form the entire agreement concerning Cefalea unless a separate signed agreement applies. If a provision is unenforceable, it will be enforced to the maximum lawful extent or severed while the remainder continues. Failure to enforce a provision is not a waiver. You may not assign these Terms without consent; we may assign them in connection with a reorganization, transfer of Cefalea, or by operation of law, subject to mandatory rights. Headings are for convenience. The English version controls to the extent permitted by law; mandatory rights to receive terms in another language remain unaffected.

22. Contact

Questions, complaints, or claims concerning Cefalea:

Ezequiel França
support.ezequiel.app
Portugal

Use the subject Legal Notice for legal claims. Do not include unnecessary health information.