Terms of Service

These Terms of Service (the “Terms”) are also the End User Licence Agreement (“EULA”) for MenoKeep. Please read them before using the App. By downloading or using MenoKeep, you agree to them.

Interpretation & Definitions

• We / Us / Our refers to Better Than Yesterday Agency LLC, 32 N Gould St., Sheridan, WY 82801, USA, which publishes MenoKeep.
• App refers to MenoKeep, our iPhone and Apple Watch application.
• You refers to the individual using the App.
• Pro refers to the paid features of the App, whether unlocked by subscription or by one-time purchase.

Acceptance of These Terms

By downloading, installing or using the App, you confirm that you accept these Terms and agree to comply with them. If you do not agree, do not use the App. We may update these Terms; the date at the top of this page shows when they last changed, and continuing to use the App after a change means you accept the revised Terms.

What MenoKeep Does

MenoKeep lets you record menopause symptoms with an accurate timestamp, keep a record of treatments and doses, review your own history, and export a PDF summary of the entries you made. It works without an account and stores your entries on your device, as described in our Privacy Policy.

Not Medical Advice

The App reports back only what you entered, arranged and counted. Any figure it shows — episode counts, night-time totals, hourly distributions, adherence percentages — is a summary of your own records, not a measurement taken by a medical instrument and not a clinical finding. The exported report is intended to help you have a better-informed conversation with your clinician. It is not a diagnosis, a referral, a prescription or a substitute for professional examination, and it should never be used as the sole basis for starting, stopping or changing any treatment.

You are responsible for the accuracy of what you record and for any decision you take in reliance on it.

Eligibility

You must be at least 18 years old, or the age of majority where you live, to use the App and to make purchases through it.

Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, in accordance with the Usage Rules of the Apple Media Services Terms and Conditions. This licence does not permit you to copy, modify, reverse engineer, decompile, rent, lease, lend, sell, sublicense or redistribute the App or any part of it, except where such restriction is prohibited by applicable law.

Subscriptions & Purchases

The App is free to download and includes a free tier that does not expire. Pro features are available by auto-renewing subscription (monthly or annual) or by a one-time, non-consumable purchase.

• The annual subscription may include a free trial period. If you do not cancel before the trial ends, it converts to a paid subscription automatically.
• Prices are shown in the App before you confirm and may vary by country and over time.
• Payment is charged to your Apple Account at confirmation of purchase.
• A subscription renews automatically for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends.
• You can manage or cancel a subscription in your Apple Account settings: Settings → your name → Subscriptions. Deleting the App does not cancel a subscription.
• Any unused portion of a free trial is forfeited when you buy a subscription covering the same features.
• Purchases are handled entirely by Apple. Refunds are governed by Apple’s policies and are requested from Apple, not from us.

Your Content

Everything you record in the App remains yours. We claim no ownership over it and, since it is stored on your device rather than our servers, we have no ability to access, moderate, retain or restore it. Keeping backups — for example through iCloud or your device backup — is your responsibility, and we are not liable for data lost through device loss, damage, reset, deletion of the App, or a change to your iCloud settings.

Acceptable Use

You agree not to use the App unlawfully, not to attempt to gain unauthorised access to any system connected with it, not to interfere with its operation, and not to use it to provide clinical services to another person as though it were a medical device.

Intellectual Property

The App, its name, design, text, graphics and software are owned by us or our licensors and are protected by intellectual property law. These Terms grant you no rights in our trade marks or branding.

Apple’s Role

You acknowledge and agree that:

• These Terms are between you and us only, not with Apple, and we alone are responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claim relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

Disclaimers

The App is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that reminders and notifications will always be delivered — those depend on your device, its settings and its operating system.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these Terms limits your statutory consumer rights.

Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising out of or relating to your use of the App. Our total liability for any claim relating to the App will not exceed the amount you paid us for it in the twelve months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

Termination

You may stop using the App at any time by deleting it. We may suspend or end your licence if you materially breach these Terms. Sections that by their nature should survive termination — including disclaimers, limitation of liability and governing law — will survive.

Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law rules, and the courts located in Wyoming will have jurisdiction, except where mandatory law in your country of residence gives you the right to bring proceedings in your local courts or to rely on the protection of your local consumer law.