Terms of Use

These Terms of Use govern your use of Pause — Perimenopause Tracker (“Pause” or “the App”), developed and operated by Pinnacle Path LLC (“we,” “us,” or “our”). By downloading or using Pause, you agree to these terms. These terms are between you and Pinnacle Path LLC only, not Apple Inc.

Eligibility

By using Pause, you represent that you are at least 18 years old, or the age of majority in your jurisdiction if higher. If you are under the applicable age of majority, you may not use Pause.

Not medical advice

Pause is a personal symptom tracking tool, not a medical device, and nothing in the App constitutes medical advice, diagnosis, or treatment. The information you log and any patterns shown are for your own personal reference only. Always consult a qualified healthcare provider — such as a physician or gynecologist — before making any medical decisions, changing medications, or starting or stopping any treatment.

License

We grant you a personal, non-exclusive, non-transferable, revocable license to use Pause on Apple devices you own or control, subject to these terms and the Apple Media Services Terms and Conditions.

Subscriptions

Pause Premium is available as an auto-renewing subscription: Annual at $49.99 per year, or Weekly at $7.99 per week. A 7-day free trial may be offered on the annual plan to eligible new subscribers. Subscriptions are billed through your Apple ID account. Your subscription automatically renews at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage or cancel your subscription at any time in iOS Settings → your name → Subscriptions. No refunds are provided for partial subscription periods, except as required by applicable law.

Free trial

If you do not cancel before the trial period ends, your subscription will automatically begin and your payment method will be charged at the applicable subscription rate.

Your data

All health and symptom data you enter into Pause is stored locally on your device and synced via your personal iCloud account. You own your data. We do not access, store, or process your personal health information on our servers. See our Privacy Policy for full details.

Prohibited use

You agree not to reverse engineer, decompile, or attempt to extract source code from Pause; use Pause for any unlawful purpose; or resell or sublicense access to Pause.

Termination

We may terminate or suspend your license to use Pause at any time, with or without cause, and with or without notice, if we believe you have violated these terms or applicable law. Upon termination, your right to use Pause ceases immediately. Sections that by their nature should survive termination will survive, including disclaimers, limitation of liability, arbitration, and governing law.

Indemnification

You agree to indemnify, defend, and hold harmless Pinnacle Path LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of Pause, your violation of these terms, or your violation of any third-party right.

Disclaimer of warranties

Pause is provided “as is” without warranty of any kind, express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of viruses. Your use of Pause is at your sole risk.

Limitation of liability

To the fullest extent permitted by law, Pinnacle Path LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of Pause, including any health decisions made based on information displayed in the App. In no event shall Pinnacle Path LLC’s total liability to you for all claims arising from or related to these terms or your use of Pause exceed the greater of (a) the amounts you paid to Pinnacle Path LLC in the twelve months preceding the claim, or (b) one hundred dollars ($100).

Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Agreement to arbitrate. You and Pinnacle Path LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Pause — including any question of whether a dispute is subject to arbitration — will be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided below. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and, to the extent applicable, the California Arbitration Act (Cal. Civ. Proc. Code §§ 1280 et seq.).

Arbitration administrator and rules. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, or, if JAMS is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules, each as in effect at the time arbitration is initiated. You may access the JAMS rules at jamsadr.com and the AAA rules at adr.org. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Location and governing law. Any arbitration proceeding will take place in Los Angeles County, California, or at a location mutually agreed upon in writing. In accordance with California Senate Bill 940 (effective January 1, 2025), any arbitration of a claim arising in California by a California consumer will be conducted in California, and California law will govern the substance of any such claim.

Fees. Each party is responsible for its own attorneys’ fees and costs, except as otherwise required by the applicable arbitration rules. For any claim where the total amount in dispute is less than $10,000, Pinnacle Path LLC will pay all JAMS or AAA filing, administration, and arbitrator fees, unless the arbitrator determines the claim is frivolous or brought in bad faith. For claims of $10,000 or more, the allocation of fees will be determined by the applicable arbitration rules.

Mutual and reciprocal. This arbitration agreement is mutual and applies equally to both you and Pinnacle Path LLC. Pinnacle Path LLC also agrees to resolve any eligible claims against you through individual arbitration rather than in court, on the same terms set out here.

Small claims court. Notwithstanding the foregoing, either you or Pinnacle Path LLC may bring an individual claim in small claims court in Los Angeles County, California, or in the small claims court of the county in which you reside, provided that claim is within the court’s jurisdictional limit and proceeds on an individual, non-class basis.

Injunctive relief. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights, without waiving the right to arbitrate all other claims.

Class action waiver. YOU AND PINNACLE PATH LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. All claims must be brought solely in the party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable for any reason, then the entirety of this arbitration agreement shall be null and void, but all other provisions of these Terms shall remain in full force and effect.

Opt-out right. You may opt out of this arbitration agreement by sending written notice to hello@pinnaclepath.ai with the subject line “Arbitration Opt-Out” within 30 days of the date you first download or use Pause. Your notice must include your name and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all disputes will be resolved exclusively in the courts identified in the Governing Law section below, and the class action waiver above will not apply to you. Opting out of arbitration has no effect on any other provision of these Terms.

Severability. If any portion of this arbitration agreement, other than the class action waiver paragraph, is found to be unenforceable, that portion will be severed and the remainder of this section will continue in full force and effect. If the class action waiver paragraph is found to be unenforceable, the entire arbitration agreement will be null and void as stated above.

Future amendments to this section. If Pinnacle Path LLC makes any material change to this arbitration agreement after you have first accepted these Terms, you may reject the change by sending written notice to hello@pinnaclepath.ai within 30 days of the amended Terms taking effect. Rejection of a future amendment does not revoke your agreement to the version of this section that was in effect at the time you first accepted these Terms.

Governing law

These terms are governed by the laws of the State of California, without regard to conflict of law principles. For any dispute not subject to arbitration under the section above, you and Pinnacle Path LLC consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles County, California.

Apple

These terms are between you and Pinnacle Path LLC only, not Apple. Apple is not responsible for Pause or its content. Apple has no obligation to provide maintenance or support for Pause. If Pause fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to Pause. Apple is not responsible for addressing any claims by you or any third party relating to Pause, including: (a) product liability claims; (b) any claim that Pause fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that Pause infringes that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Changes to these terms

We may update these terms from time to time. We will update the “Last updated” date above when we do. Continued use of Pause after changes constitutes acceptance of the updated terms.

Contact

Questions about these terms: hello@pinnaclepath.ai