MyClover Terms of Service

What MyClover Is

MyClover is a wellness tracking and habit-building tool that helps you:

• Track daily lifestyle habits (diet, exercise, sleep)
• Log wellness observations and how you feel
• Optionally connect third-party health and fitness data sources (such as Fitbit) to view your activity data alongside your manual tracking
• Discover patterns and correlations in your tracking data
• Visualize your progress over time
• Set personal goals and reminders

Third-Party Integrations: MyClover offers optional integrations with third-party services like Fitbit. These integrations require your explicit consent and are subject to additional terms described in Section 16: Third-Party Services and Integrations.

What MyClover Is NOT

MyClover is NOT:

• ❌ A medical device
• ❌ A diagnostic tool
• ❌ A treatment or therapy
• ❌ A substitute for professional medical advice, diagnosis, or treatment
• ❌ A healthcare team or covered entity under HIPAA
• ❌ Clinically validated or FDA-approved for any medical purpose

MyClover does not:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Provide medical advice or recommendations
• Interpret your data to determine medical meaning or outcomes
• Replace consultations with qualified healthcare teams
• Claim to reverse, improve, or manage any medical condition

Pattern Insights

The App may identify correlations in the data you track (e.g., "You felt more energetic on days when you walked"). These insights:

• Are based solely on your self-entered data
• Describe behavioral patterns, not medical conclusions
• Are for informational and motivational purposes only
• Do not constitute medical advice or professional guidance
• Require your confirmation before being saved

You acknowledge that pattern insights are observational only and should not be used to make medical decisions.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using a strong, unique password

Appropriate Use

You agree to:

• Provide accurate information
• Use the App only for lawful purposes
• Not misuse or attempt to disrupt the App
• Not reverse engineer, decompile, or attempt to extract source code
• Not use automated systems (bots, scripts) to access the App
• Not impersonate others or provide false information

Health and Medical Decisions

You agree that:

• You will consult qualified healthcare teams for all medical decisions
• You will not rely on MyClover as a substitute for professional medical advice
• You will not discontinue or modify medical treatments based on App data without consulting your healthcare team
• You understand that tracking data and pattern insights are not medical guidance

Data You Enter

You are responsible for:

• The accuracy of data you enter
• Not entering false or misleading information
• Understanding that insights are only as reliable as the data you provide
• Ensuring you have the right to upload any photos or documents to the App

No Medical Advice

MYCLOVER DOES NOT PROVIDE MEDICAL ADVICE. The content in the App, including any health-related information, is for informational and tracking purposes only and is not intended as medical advice, diagnosis, or treatment.

Always Seek Professional Medical Advice

You should:

• Always consult your physician or qualified healthcare team with any questions about a medical condition
• Never disregard professional medical advice or delay seeking it because of something you've read or tracked in MyClover
• Not use the App for medical emergencies - if you have a medical emergency, call emergency services immediately

No Doctor-Patient Relationship

Use of the App does not create a doctor-patient or healthcare team-patient relationship between you and MyClover or any of our employees or contractors.

User-Generated Content Disclaimer

Current Status: MyClover does not currently include community features, forums, or user-to-user communication capabilities.

Future Community Features: If we introduce community features in the future (such as discussion forums, user groups, or experience sharing):

• User-generated content will reflect the views of individual users only
• We do not endorse, verify, or approve user-generated content
• User posts are not professional medical advice
• You must verify any information with qualified healthcare teams
• Medical advice from non-licensed individuals is strictly prohibited
• We will moderate content but cannot guarantee accuracy or appropriateness of all user contributions
• You use community features at your own risk

We will provide 30 days' notice and updated Terms before launching any community features.

Our Rights

The App and its contents (including but not limited to text, graphics, logos, icons, images, audio clips, software, and data compilations) are owned by MyClover or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You may NOT:

• Copy, modify, distribute, sell, or lease any part of the App
• Create derivative works based on the App
• Reverse engineer or attempt to extract source code
• Remove or modify any copyright, trademark, or proprietary notices

Your Content

You retain ownership of the data and content you create in the App ("User Content"). By using the App, you grant us a limited license to:

• Store and process your User Content to provide the service
• Use aggregated, de-identified data from manually entered tracking for service improvement and research purposes
• Display your User Content back to you on your devices

Service Improvement and Research: When we use de-identified data for research, this includes:

• Analyzing usage patterns to improve app features and user experience
• Understanding how users engage with tracking and pattern recognition features
• Developing new features based on aggregated behavior trends
• Publishing anonymized statistics about app usage (e.g., "average tracking frequency")
• Internal product development and testing
• Academic or industry research partnerships (only with fully anonymized, aggregated data)

IMPORTANT - Third-Party Integration Data Excluded: Data from third-party integrations (such as Fitbit data) is NOT included in aggregated, de-identified research or service improvement activities unless you provide separate, explicit consent for such use. By default, third-party integration data is used only to display information to you in the App.

We do NOT use de-identified data for:

• Re-identification or linking back to individual users
• Creating individual profiles for marketing purposes
• Selling to third parties
• Making medical or health claims about specific users

We will not:

• Claim ownership of your personal tracking data
• Use your identifiable health data for marketing or advertising
• Share your personal data except as described in our Privacy Policy
• Use your data in ways that could reasonably re-identify you
• Use data from third-party integrations (like Fitbit) for any purpose beyond displaying it to you without your separate consent

Feedback

If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant us the right to use that Feedback without compensation or obligation to you. We may incorporate your Feedback into the App without attribution.

Our Commitments

We commit to responsible marketing practices:

• No Unsubstantiated Health Claims: We do not make health claims without appropriate scientific substantiation
• No Medical Device Claims: We do not claim that MyClover diagnoses, treats, cures, or prevents any disease
• Clear Language: We describe our service as a wellness tracking and habit-building tool, not medical treatment
• Honest Advertising: Our marketing accurately represents what the App does and does not do

FTC Compliance

We comply with Federal Trade Commission (FTC) guidelines by:

• Avoiding Deceptive Claims: We do not make false or misleading statements about health outcomes
• Substantiation: Any health-related statements in our marketing are substantiated or clearly labeled as user testimonials (individual results)
• Clear Disclaimers: We prominently disclose that MyClover is not a medical device and does not replace professional medical advice
• No Endorsement Misrepresentation: We do not falsely claim endorsements from healthcare professionals or organizations

What We Do NOT Claim

We do not claim that MyClover:

• Reverses, cures, treats, or prevents fatty liver disease or any other medical condition
• Provides medical-grade monitoring or clinical diagnosis
• Replaces medical care or professional advice
• Guarantees any specific health outcomes
• Has been clinically validated or FDA-approved for medical purposes

If you see marketing content that violates these commitments, please report it to kate@myclover.app.

No Guarantee of Availability

We strive to provide reliable service, but:

• The App is provided "as is" and may be unavailable due to maintenance, updates, or technical issues
• We do not guarantee the App will be error-free, secure, or uninterrupted
• We may modify, suspend, or discontinue any feature at any time without notice

Updates and Changes

We may:

• Release updates that change or remove features
• Require you to update to the latest version
• Modify these Terms (with notice as described below)

Your continued use after updates or changes constitutes acceptance.

Your Right to Terminate

You may delete your account at any time through the App settings or by contacting kate@myclover.app. Upon deletion:

• Your access will be terminated
• Your data will be deleted as described in our Privacy Policy (within 30 days)
• You will no longer be charged for subscriptions (if cancelled before renewal)

Our Right to Terminate

We reserve the right to suspend or terminate your account:

• For violation of these Terms
• For fraudulent, abusive, or illegal activity
• For extended periods of inactivity
• At our discretion with or without cause

We will provide notice when reasonably possible, except in cases of:

• Legal requirement to terminate immediately
• Security concerns
• Protection of other users or our systems

No Liability for Health Outcomes

WE ARE NOT LIABLE FOR ANY HEALTH OUTCOMES, MEDICAL DECISIONS, OR CONSEQUENCES RESULTING FROM YOUR USE OF THE APP. You acknowledge that:

• MyClover is a tracking tool, not a medical device
• Any health decisions are your sole responsibility
• We have no control over how you use the data or insights
• You should consult healthcare teams for all medical decisions

General Limitation

IN NO EVENT SHALL MYCLOVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

1. Indirect, Incidental, Special, Consequential, or Punitive Damages
2. Loss of Profits, Revenue, Data, or Use
3. Personal Injury or Property Damage (except where caused by our negligence)
4. Any Damages Arising From:
   • Your use or inability to use the App
   • Unauthorized access to your data
   • Errors, bugs, or inaccuracies in the App
   • Third-party content or conduct
   • Service interruptions or security breaches

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF:

• $100 USD, or
• The amount you paid us in the 12 months before the claim

Basis of the Bargain

You acknowledge that these limitations are a fundamental basis of our agreement. The App would not be provided without these limitations.

Exceptions

Some jurisdictions do not allow limitation of liability for personal injury or certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

AS-IS and AS-AVAILABLE

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

1. Merchantability: Fitness for a particular purpose
2. Non-Infringement: That the App doesn't violate third-party rights
3. Accuracy: That data, insights, or content are accurate, complete, or reliable
4. Reliability: That the App will be error-free, secure, or uninterrupted
5. Health Outcomes: That use of the App will improve health or achieve any particular result

No Guarantee of Results

We make no guarantees that:

• The App will help you achieve health goals
• Pattern insights will be accurate or useful
• Tracking will lead to behavior change
• You will experience any particular benefit

Third-Party Content

We are not responsible for:

• Content, products, or services from third parties
• Accuracy of information from external sources
• Third-party websites linked from the App

Fitbit Integration

MyClover offers an optional integration with Fitbit Inc. ("Fitbit") to access your activity, sleep, heart rate, and weight data. By connecting your Fitbit account to MyClover, you agree to the following terms:

Consent and Authorization

• Explicit Consent Required: You must explicitly authorize MyClover to access your Fitbit data through Fitbit's OAuth authorization process
• Informed Consent: Before connecting, you will be informed of exactly what Fitbit data MyClover requests and how it will be used
• Optional Integration: Fitbit integration is entirely optional. You can use MyClover without connecting a Fitbit account
• Revocable Consent: You can revoke MyClover's access to your Fitbit data at any time through:
  • MyClover Settings → Health Connections → Disconnect Fitbit
  • Your Fitbit account settings at fitbit.com

What Fitbit Data We Access

When you connect your Fitbit account, MyClover may access:

• Activity Data: Steps, distance, calories burned, active minutes, exercise sessions
• Sleep Data: Sleep duration, sleep stages, sleep quality scores
• Heart Rate Data: Resting heart rate, heart rate zones during activity
• Weight Data: Weight measurements logged in Fitbit
• Profile Information: Basic profile data necessary for syncing (user ID, timezone)

How We Use Fitbit Data

Permitted Uses: We use your Fitbit data ONLY for:

• Displaying your Fitbit activity and wellness data in the MyClover app
• Including Fitbit data in behavioral pattern analysis shown only to you (e.g., "You felt more energetic on days with higher step counts")
• Visualizing your activity trends over time alongside your manually tracked data
• Helping you monitor progress toward your personal wellness goals

Prohibited Uses: We will NOT:

• Share your Fitbit data with any external parties, advertisers, or analytics services
• Include identifiable Fitbit data in aggregated research or analytics without your separate, explicit consent
• Use Fitbit data to target advertisements or marketing
• Sell or rent your Fitbit data to third parties
• Use Fitbit data for account migration, service duplication, or reverse-engineering of Fitbit's platform
• Use Fitbit data to provide medical diagnosis, treatment, or medical advice
• Display or distribute your Fitbit data to any external source without your informed consent
• Export Fitbit data for purposes not explicitly disclosed to you

Data Deletion and Retention

• Immediate Deletion Compliance: When you disconnect your Fitbit account or delete your MyClover account, we immediately honor your deletion request and stop syncing new Fitbit data
• Retention Period: Fitbit data is deleted within 30 days of account deletion or Fitbit disconnection (unless you choose to keep historical data in MyClover)
• User Control: You can delete previously synced Fitbit data from MyClover at any time through app settings

Data Accuracy and Reliability

• No Warranty: We display Fitbit data as provided by Fitbit's API. We do not verify, validate, or guarantee the accuracy of Fitbit data
• User Responsibility: You are responsible for ensuring the accuracy of data recorded by your Fitbit device
• No Liability: MyClover is not responsible for errors, inaccuracies, or data loss in Fitbit-provided data
• Fitbit's Responsibility: Fitbit is responsible for the accuracy and reliability of data collected by Fitbit devices and provided through their API

Compliance with Fitbit Platform Terms

MyClover's Fitbit integration complies with the Fitbit Platform Developer Terms of Service, available at https://dev.fitbit.com/legal/platform-terms-of-service/. We commit to:

• Respecting Fitbit user privacy and data protection requirements
• Obtaining informed consent before accessing Fitbit data
• Using Fitbit data only for purposes disclosed to you
• Protecting Fitbit data with appropriate security measures
• Honoring your deletion requests immediately
• Not using Fitbit data for advertising, spam, or unauthorized purposes
• Complying with all relevant privacy and security laws, rules, and regulations
• For European users: Complying with GDPR Controller-Controller Data Protection Terms and Privacy Shield Principles

Fitbit's Terms and Privacy Policy

Your relationship with Fitbit is governed by Fitbit's Terms of Service and Privacy Policy:

• Fitbit Terms of Service: https://www.fitbit.com/legal/terms-of-service
• Fitbit Privacy Policy: https://www.fitbit.com/legal/privacy-policy

You acknowledge and agree that:

• Fitbit Inc. is an independent company and not affiliated with MyClover
• MyClover is not responsible for Fitbit's data practices, terms, or services
• Fitbit acts as an independent data controller for your Fitbit data
• You must comply with Fitbit's terms when using Fitbit services
• Fitbit may change, suspend, or discontinue their API or services at any time, which may affect MyClover's ability to sync Fitbit data

User Consent Preferences

We respect your communication preferences:

• Opt-Out Mechanisms: You can opt out of any communications related to Fitbit integration through MyClover Settings → Notifications
• Contact Preferences: We will not send unsolicited advertising, promotional materials, junk mail, or spam related to Fitbit data
• Preference Changes: You can update your communication preferences at any time

Termination of Fitbit Integration

MyClover or Fitbit may terminate the Fitbit integration at any time:

• By You: You can disconnect your Fitbit account at any time
• By Fitbit: Fitbit may revoke MyClover's API access if we violate their platform terms
• By MyClover: We may discontinue Fitbit integration with reasonable notice to users
• Effect of Termination: Upon termination, new Fitbit data will no longer sync. Previously synced data will be retained or deleted according to your preferences and our Privacy Policy

Limitation of Liability for Fitbit Data

IN ADDITION TO THE GENERAL LIMITATIONS IN SECTION 13:

• No Warranty: We provide Fitbit integration "as is" without warranties regarding data accuracy, availability, or functionality
• Fitbit Service Interruptions: We are not liable for any interruptions, errors, or unavailability of Fitbit's API or services
• Data Loss: We are not liable for loss of Fitbit data due to Fitbit service issues, API changes, or disconnection
• Third-Party Responsibility: Any issues with Fitbit data accuracy, device functionality, or Fitbit services should be directed to Fitbit, not MyClover

Other Third-Party Services

In addition to Fitbit, the App may integrate with other third-party services (e.g., app stores, payment processors, cloud storage). Your use of these services is governed by their respective terms and privacy policies.

We are not responsible for:

• Availability or functionality of third-party services
• Changes or discontinuation of integrations
• Data practices of third parties
• Costs associated with third-party services
• Content, products, or services provided by third parties

Governing Law

These Terms are governed by the laws of [jurisdiction, e.g., "the State of California and the United States"], without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at kate@myclover.app. We'll try to resolve the dispute within 30 days.

Arbitration Agreement

YOU AND MYCLOVER AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, NOT COURTS, except as specified below.

Covered Disputes

This arbitration agreement covers all disputes arising from or relating to these Terms or your use of the App, except:

• Small claims court actions (if eligible)
• Intellectual property disputes
• Requests for injunctive relief

Arbitration Process

• Arbitration will be conducted by [arbitration provider, e.g., "JAMS" or "AAA"] under their rules
• Arbitration will be held in [location or remote]
• Each party will bear their own costs and attorneys' fees unless the arbitrator awards them
• The arbitrator's decision is binding and may be entered as a judgment in any court

Class Action Waiver

YOU AND MYCLOVER AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You agree to waive any right to:

• Participate in a class action lawsuit
• Join claims with other users
• Act as a class representative or member

If the class action waiver is found unenforceable, the arbitration agreement does not apply to that dispute.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing kate@myclover.app with:

• Your name
• Email address
• Statement that you opt out of the arbitration agreement

If you opt out, you may pursue claims in court, and we may do the same.

Jurisdiction and Venue

If arbitration does not apply, you agree that:

• Exclusive jurisdiction is in the state and federal courts of [location, e.g., "San Francisco, California"]
• You consent to personal jurisdiction in those courts
• You waive any objection to venue

Exceptions for Certain Jurisdictions

European Union/EEA Users: If you are in the EU/EEA, this arbitration clause does not apply. You may bring disputes in your local courts or use EU dispute resolution mechanisms as provided by law.

UK Users: If you are in the UK, this arbitration clause may not apply. You retain the right to bring disputes in UK courts.

Other Jurisdictions: If you reside in a jurisdiction that prohibits or restricts mandatory arbitration clauses (including but not limited to certain provisions in Australia, Canada, or other countries), this arbitration clause may not apply or may be limited to the extent permitted by local law. You retain any dispute resolution rights provided by your local consumer protection laws.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MyClover regarding the App and supersede all prior agreements or understandings.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

Survival

Provisions that by their nature should survive termination will survive, including: disclaimers, limitation of liability, indemnification, dispute resolution, and intellectual property rights.

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, communications failures, or other force majeure events.

Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and MyClover. You may not make any commitments on our behalf.

Notices

We may provide notices to you:

• Via email to your registered email address
• Through in-app notifications
• By posting on our website

Notices are effective when sent or posted. You are responsible for keeping your email address current.

To provide notice to us, contact: kate@myclover.app

Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version controls.

United States Government Rights

If you are a U.S. government entity, the App is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Use, reproduction, and disclosure are subject to these Terms.