Terms of use

What these terms cover

These terms of use and sale govern the use of the Nagi mobile app, of its Nagi Premium subscription and of the site nagimigraine.com. They form a contract between you and the publisher:

• Timothé Duc, sole trader (entrepreneur individuel under French law) — SIREN 829 368 166
• 358 Les Grands Champs, 07340 Limony, France
• timotheduc+nagi@gmail.com · +33 6 51 49 21 29

By installing or using Nagi, you accept these terms. If you disagree with any of them, do not use the app. Purchases made through the App Store are further subject to the Apple Media Services Terms and Conditions.

What Nagi does, and what it is not

Nagi is a migraine diary. It lets you log an attack in a few seconds, complete it later, keep track of your medications and of the context of your days, then read back your own history: frequency, intensities, what usually comes before your attacks, what relieves them.

Nagi is not a medical device. It makes no diagnosis, predicts nothing and gives no treatment recommendation. The correlations and the days flagged “to watch” describe your history as you entered it; they replace neither the advice nor the follow-up of a healthcare professional. If a headache is unusual or sudden, or comes with neurological symptoms, seek medical care without delay or call your emergency services.

The PDF report is designed to feed the conversation with your doctor, not to replace it. The weather data comes from a third-party service and is provided for information only.

Who can use Nagi

• You must be at least sixteen. Below that age, the app may only be used with the agreement of the holder of parental authority.
• Nagi runs on iPhone and on Android, in the versions of iOS and Android listed on its App Store and Google Play pages. These terms apply in the same way on both, with Google Play replacing the App Store wherever it is mentioned.
• No Nagi account is created: the app asks for no email address, no name and no password. Only a subscription goes through your Apple or Google account, managed by the corresponding store.
• You are responsible for the device Nagi is installed on and for its lock code: your health data is stored there, and anyone who unlocks your phone can read it.

The free version

Logging your attacks will always be free. Without a subscription, you can record and complete your attacks, keep track of your medications, browse your diary for the last thirty days, export all of your data and delete it. No time limit, no advertising inside the app.

Nagi Premium: plans, prices and free trial

Nagi Premium unlocks what needs history behind it: your personal correlations, the days to watch flagged in the morning, how well each medication works, the PDF report for your doctor and access to your whole history, beyond thirty days. There are two plans:

Prices are stated in euros, all taxes included, as shown in the App Store at the time of purchase. They may differ in other countries according to Apple's pricing grid. The price that applies is the one displayed by the App Store at the moment you confirm the purchase.

The 7-day free trial is offered on the annual plan only, once per Apple account. During the trial, every Premium feature is unlocked. If you do not cancel at least 24 hours before the end of the trial, the annual subscription starts and €59.90 is charged by Apple. Cancelling during the trial costs nothing and requires no reason.

Payment, renewal and cancellation

• Payment is taken by Apple, through the payment method on your Apple account. The publisher never sees your bank details, your name or your address.
• The subscription renews automatically for an identical period, at the same price, unless cancelled at least 24 hours before the end of the current period.
• You can cancel at any time from Settings › your name › Subscriptions on your iPhone, or from Nagi (Settings › Subscription), which takes you there. Cancellation takes effect at the end of the period already paid for: you keep Premium until then, after which the app returns to the free version without losing any data.
• If the price of a plan changes, Apple informs you before the next renewal. Under App Store rules, an increase may require your explicit agreement; without it, the subscription stops at the end of the paid period.
• On a new device or after a reinstall, “Restore purchases” in Nagi reactivates Premium with the same Apple account, with no new payment.

Withdrawal and refunds

Purchases are concluded with Apple: refund requests are made to Apple, at reportaproblem.apple.com or from the purchase history of your Apple account. Under its own terms, Apple grants consumers in the European Union a 14-day right of withdrawal from the date of purchase, with no reason required.

The publisher has no technical means of refunding an App Store purchase itself. If a request gets stuck, write to timotheduc+nagi@gmail.com and we will help you through the process.

Your data and your backups

Everything you enter in Nagi is stored on your phone only. The publisher has no server, no copy and no access: the detail is set out in the privacy policy. That architecture has one direct consequence:

The backup is yours to keep. If you lose your phone, reset it or uninstall Nagi without having turned on the iCloud backup in the app's settings or exported your data, your history is lost and the publisher cannot recover it.

From Settings › My data, you can at any time turn on the iCloud backup, export your whole database as CSV and JSON, or delete everything for good. These features are free and do not depend on the subscription.

Intellectual property and licence to use

The publisher grants you a personal, non-exclusive, non-transferable and revocable licence to install and use Nagi for private purposes, on the Apple devices you own or control, in accordance with the App Store's usage rules.

The name Nagi, the logo, the mascot, the illustrations, the texts and the design of the app and of the site are the property of Timothé Duc and protected by the French Intellectual Property Code. This licence transfers no right over these elements to you.

The data you enter remains yours. The publisher does not access it and claims no right over it: you can export it and reuse it freely.

What you agree not to do

• Copy, modify, decompile or disassemble the app, or attempt to extract its source code, except where the law allows it.
• Circumvent the subscription mechanisms, or resell, rent, lend or distribute the app or access to Premium.
• Use Nagi in a way that breaks the law, Apple's terms or the rights of a third party.
• Rely on Nagi in an emergency, or to start, change or stop a treatment without medical advice.

Availability, changes and discontinuation

• Nagi works offline for the most part. The features that depend on third-party services, such as the weather or the App Store, may be unavailable for reasons outside the publisher's control.
• The publisher may develop the app, add or remove features, and release the updates its proper operation requires. If a Premium feature you paid for were removed with no equivalent, you could cancel and ask Apple for a refund of the remaining period.
• Should the service be discontinued for good, the publisher will inform you in the app and on the site with at least thirty days' notice. Since your data stays on your phone, the installed app keeps working locally, and the export stays available.

Liability and warranties

Nagi is provided with the care expected of a diligent publisher, but with no warranty that it will be free of errors or interruptions. Within the limits allowed by law, the publisher cannot be held liable for:

• health decisions taken on the basis of the information displayed, which are for you and your doctor to make;
• data loss caused by your device, by resetting it or by the absence of a backup;
• the unavailability or inaccuracy of third-party services (weather, App Store, Apple Health);
• indirect damages, such as loss of time or loss of opportunity.

Nothing in these terms limits the rights the law guarantees you as a consumer, in particular the statutory warranty of conformity applicable to digital content and services (Articles L.224-25-12 et seq. of the French Consumer Code).

These terms are entered into between you and the publisher, not with Apple. Apple is not responsible for the app or its content, has no maintenance or support obligation in respect of it, and handles no claim concerning it, other than App Store refunds. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Amendments to these terms

The publisher may amend these terms, for instance to follow a change in the app or in the law. The update date, at the top of this page, is then changed and any substantial modification is flagged inside the app. If you do not accept the new terms, you can stop using Nagi and cancel your subscription; continuing to use it after they take effect counts as acceptance. Previous versions remain available on request at timotheduc+nagi@gmail.com.

Governing law and disputes

These terms are governed by French law. If you live in another country of the European Union, you also benefit from the mandatory provisions of the law of your country of residence.

If something goes wrong, write to timotheduc+nagi@gmail.com first: you will get an answer within a month at the latest, and most problems are settled at that stage. You can also report a consumer dispute at signal.conso.gouv.fr, the platform of the French consumer protection and fraud control authority (DGCCRF). Failing an amicable solution, the French courts have jurisdiction, under the conditions laid down by the French Code of Civil Procedure and the French Consumer Code.