Terms and Conditions

1. Eligibility and Age

You must be at least 16 years old to create an account and use the Service. If you are under the age of majority where you live, a parent or legal guardian may accept these Terms on your behalf. In that case, they take full responsibility for your use of the Service.

The Service is not intended for anyone under 16, and you must not allow a person under 16 to use it. By using the Service, you confirm that you meet these requirements and have the legal capacity to enter into this agreement. The Service may not be available in every country or region.

2. About the Baobab Health App and Not Medical Advice

The Baobab Health App is a self-tracking tool. It lets you log lesions, symptoms, flare-ups, triggers, medications and notes, and helps you see patterns over time. We offer a free tier and paid subscription features.

The Baobab Health App does not provide medical advice, diagnosis or treatment. We are not a healthcare provider, and using the Service does not create a doctor-patient relationship. Anything the Service shows you, including charts, patterns, insights and educational content, is for general information only. It is not a substitute for professional medical advice based on your personal circumstances.

You are solely responsible for how you act on information from the Service, and for the accuracy of what you record. Always talk to a qualified healthcare professional before changing your treatment or medication. Never ignore or delay seeking medical advice because of something you saw in the Service.

In an emergency, such as signs of a serious infection, high fever, rapidly spreading redness or severe pain, contact your local emergency number or go to the nearest emergency department. Do not rely on the Service.

3. Your Account

To use most features, you need to create an account with a valid email address and a password, or by signing in with a supported third-party login such as Google or Apple. You agree to give accurate, current and complete information and to keep it up to date.

You are responsible for keeping your login details confidential and for everything that happens under your account. Tell us immediately at support@thebaobabapp.com if you suspect unauthorized access. We may decline or close accounts that we reasonably believe are fake, abusive, or intended to disrupt or falsify the Service.

4. License to Use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the Baobab Health App on devices you own or control, for your own non-commercial use. The app is licensed to you, not sold.

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

• copy, modify, rent, lease, loan, sell, sublicense or distribute the app or any part of it;
• reverse engineer, decompile or try to extract the source code, except where the law expressly allows it;
• use bots, scrapers or other automated means to access the Service or collect its content; or
• remove or alter any copyright, trademark or other proprietary notices.

We may release updates and upgrades that install automatically to improve the app. If you use the app through Apple or Google, you also agree to the usage rules of that app store. Apple and Google are not responsible for the Service and have no obligation to support it.

5. Your Content, Health Data and Third-Party Data

Ownership. You keep ownership of everything you add to the Service, including symptom logs, body-map entries, notes and other health information ("User Content"). You confirm that you have the right to submit it.

License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, process and display your User Content only as needed to operate, secure and improve the Service for you. We do not sell your personal health information.

Anonymized data. We may use data that has been aggregated and de-identified, so that it cannot reasonably be linked to you, to improve the Service and for research and product development.

Privacy. Our Privacy Policy at www.thebaobabapp.com/privacy-policy/ explains what personal information we collect, how we use and protect it, where it is stored, and your rights, including access, correction and deletion. By using the Service, you agree to the collection and use of your information as described there. Because health information is sensitive, we ask for your explicit consent before collecting it.

Third-party services. If you connect a third-party service, such as a login provider, you allow us to receive the data it sends us. We do not control that data and cannot guarantee that it is accurate, complete or up to date.

Backups and deletion. You can delete your account and data at any time from the app, and export reports of your data from the app. You can also ask for a copy of your data by contacting us at info@thebaobabapp.com. You are responsible for keeping your own backups. We are not liable for loss or corruption of User Content, except where the law requires.

6. Fees, Subscriptions and Refunds

Free and paid plans. The core features of the Service are free. Additional features are available through a paid subscription ("Premium"), billed monthly or annually. Prices are shown in the app and may vary by region. Prices include or exclude applicable taxes as shown at checkout.

Billing. If you subscribe through the Apple App Store or Google Play, payment is handled by that store, and its payment terms apply. Subscriptions renew automatically at the end of each billing period until you cancel. To avoid being charged for the next period, cancel at least 24 hours before renewal in your app store account settings.

Free trials. We may offer a free trial at our discretion. Unless you cancel before the trial ends, you will be charged the subscription fee when it ends. We may change or withdraw trial offers at any time.

Price changes. We may change subscription prices. We will give you reasonable advance notice, and any change takes effect at the start of your next billing period. If you keep using Premium after that, you accept the new price.

Refunds. Payments are generally non-refundable, and we do not give refunds for partial subscription periods. Where you bought through an app store, refund requests go to that store. We may consider other refund requests case by case. Nothing here limits any consumer rights you have under the law where you live.

Advertising. We do not currently show third-party ads. If we introduce ads to the free tier, we will update these Terms and our Privacy Policy first.

7. Acceptable Use

Use the Service only for lawful purposes and in line with these Terms. You agree not to:

• break any applicable law or regulation, or infringe anyone's rights;
• post content that is false, misleading, defamatory, obscene, hateful, harassing or threatening;
• impersonate another person or organization, or give false registration details;
• upload malware, or try to gain unauthorized access to the Service, its servers or other users' accounts;
• interfere with, overload or disrupt the Service, including through denial-of-service attacks;
• use the Service to offer or give medical advice to others, or to promote unsafe health practices;
• scrape, copy or resell any part of the Service, or use it for commercial purposes without our written permission; or
• harm or try to harm minors in any way.

8. Intellectual Property

The Service, including its software, design, text, graphics, logos, the "Baobab Health App" name and all related content, is owned by us or our licensors and is protected by Canadian and international intellectual property laws. Except for the license in Section 4 and your rights in your User Content, these Terms give you no rights in them.

You may not use our name, logos or trademarks without our prior written permission. If you send us feedback or suggestions, you allow us to use them without restriction or payment to you.

9. Disclaimers, Limitation of Liability and Indemnity

Disclaimer. To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure, or that its patterns and insights will be complete or accurate. The Service only helps you track and review the information you provide.

Limitation of liability. To the fullest extent the law allows, JJO Digital Inc., the Baobab Health App, and their directors, officers, employees and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill, arising from your use of or inability to use the Service, including any health outcome or decision you make based on it. Our total liability to you for any claim is limited to the greater of the fees you paid us in the 12 months before the claim and CAD $100. We are not responsible if you use the Service for a medical purpose it was not designed for.

Your rights. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, including liability for fraud, gross negligence or intentional misconduct, or any mandatory consumer rights.

Indemnity. You agree to defend and hold harmless JJO Digital Inc., the Baobab Health App and their affiliates, directors, officers and employees from claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms or your unlawful use of the Service.

10. Termination, Changes, Governing Law and General Terms

Termination. You can stop using the Service and delete your account at any time. We may suspend or end your access if you breach these Terms or if we must do so by law. If we end your access for a reason other than your breach, we will refund any prepaid subscription fees for the period you did not receive. Sections that by their nature should survive termination, such as those on ownership, disclaimers, liability and governing law, will continue to apply.

Changes to the Service. We may add, change or remove features, and change usage limits, as the Service develops. We will tell you by email or in the app about changes that significantly affect you.

Changes to these Terms. We may update these Terms from time to time. We will post the new version with a new "Last updated" date and notify you by email or in the app of material changes. By continuing to use the Service after changes take effect, you accept them. If you do not agree, stop using the Service.

Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to any mandatory consumer rights where you live, the courts of Ontario have exclusive jurisdiction over any dispute. If you live outside Canada, you may also have mandatory consumer protection rights under the laws of the country or region where you live. Nothing in these Terms limits those rights.

General. These Terms and our Privacy Policy are the entire agreement between you and us about the Service. If a court finds part of these Terms unenforceable, the rest stays in force. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our written consent, but we may transfer ours as part of a business reorganization or sale, and we will tell you if we do. No one other than you and us has any right to enforce these Terms.

Contact. Questions about these Terms? Write to us at info@thebaobabapp.com.