Terms and Conditions

1. Interpretation and Definitions

Interpretation

Words with capitalized initial letters are defined below and have the same meaning regardless of whether they appear in singular or plural.

Definitions

• Application: The mobile application TracTack™, developed by MDB Therapy Ltd, designed to support users in self-managing symptoms through wave-based interventions.
• Application Store: The Apple App Store or Google Play Store.
• Company: MDB Therapy Ltd, registered in Surrey, UK. Company Number: 15389919. Referred to as "We", "Us", or "Our".
• Country: United Kingdom.
• Device: Any electronic device used to access the Service.
• Eligible User: An individual aged 18 or older with the legal capacity to enter into these Terms.
• Feedback: Input provided by You regarding the Service's features or performance.
• Goods: Products offered through the Service.
• Order: A request to purchase Goods from Us.
• Service: The TracTack™ application.
• Subscription: Access to premium features of the Service on a recurring payment basis.
• Free Trial: A limited period where a Subscription is provided at no cost.
• Third-Party Services: Content or services offered by third parties, possibly accessible through the App.
• You: The individual or entity using the Service.

2. Acknowledgement

TracTack™ is designed to support your wellness journey. It is not a replacement for clinical advice. If you’re unsure about any health decisions, please consult a qualified professional. Participation in any research activity is completely optional and governed by separate informed consent. By using TracTack™, you acknowledge that you have read, understood, and agreed to these Terms and our [Privacy Policy].

3. Availability, Accuracy, and Changes

We strive to ensure that information on our Service is accurate and current. However, there may be occasional delays, omissions, or inaccuracies. We reserve the right to:

• Modify or withdraw Goods or Services at any time
• Correct errors without prior notice

4. Intellectual Property

All content within the Service (excluding user-generated content) is the property of MDB Therapy Ltd and its licensors. This includes but is not limited to:

• Software
• Trademarks and trade dress
• Visual and functional design

No part may be reproduced or used without Our prior written permission. Any custom protocols, wave patterns, or visual/audio content provided to or generated through TracTack™ remain the intellectual property of MDB Therapy Ltd unless expressly stated otherwise. User-generated content remains your property. By submitting such content, you grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, and display it for the purposes of improving or operating the Service, in line with our [Privacy Policy].

5. Feedback and Suggestions

When you submit feedback to us:

• You grant us a royalty-free, non-exclusive license to use it.
• You understand we may use it without obligation or compensation.
• Feedback does not imply endorsement, nor does it constitute medical advice.
• Any personal data provided is handled in accordance with our [Privacy Policy].

6. Third-Party Links

Our Service may contain links to external websites or services. We do not control or assume responsibility for:

• Their content or accuracy
• Their privacy practices
• Any damage arising from use of those third-party services

We recommend reviewing their terms and policies independently.

7. Research Participation

TracTack™ may support academic or clinical research studies. If you choose to participate:

• You will receive and sign an informed consent form provided by the research team.
• Participation is entirely voluntary.
• All identifiable data is handled by the research institution in accordance with ethical and legal standards.
• MDB Therapy Ltd does not access or store identifiable research data.

8. User Responsibilities and Account Termination

By Us

• For Cause: Immediate termination if Terms are breached or misuse is detected.
• For Convenience: 30 days' notice with an option to export your data.

By You

• You may uninstall the App and request account deletion at any time.

After termination, your right to use the Service ends. We may offer a 30-day grace period for data export, where technically feasible.

9. Subscription & Payment Terms

Where applicable:

• Subscriptions are billed in advance.
• Free trials may automatically convert into paid subscriptions unless cancelled before the trial ends.
• Unless cancelled before the end of the current billing cycle, subscriptions will automatically renew and your account will be charged accordingly
• UK users are entitled to a refund within 14 days under consumer laws.
• Contact us at [hello@mdbtherapy.com] for support or refund requests.

10. Your Content and Data

• You retain ownership of the content and health data you provide.
• We only process your data to deliver the Service, as outlined in our [Privacy Policy].
• Data is retained only as long as needed or legally required. Deletion requests can be made at any time.

11. Data Protection

We comply with applicable data protection laws including UK GDPR. You have the right to:

• Access, correct, or delete your data
• Request data portability
• Withdraw consent for processing (where applicable)

For data questions:

• Email: [hello@mdbtherapy.com]
• DPO: [contact@gdprlocal.com]

12. Disclaimers

The Service is provided "as is" and "as available" with reasonable care and skill.

We do not guarantee that:

• The Service will be uninterrupted or error-free
• It will meet all user expectations or device configurations

The App is not a substitute for professional medical care.

13. Limitation of Liability

Our total liability is limited to:

• The amount You paid in the last 12 months; or
• £100-whichever is greater.

We are not liable for:

• Indirect or consequential damages
• Loss of profits or data

Exceptions

We do not exclude liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under UK law

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of England and Wales.

In case of a dispute:

• Contact us first at [hello@mdbtherapy.com] for a resolution attempt.
• If unresolved, the matter will be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Severability and Waiver

If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any right does not waive that right.

16. Force Majeure

We are not responsible for delays caused by circumstances beyond our reasonable control (e.g. natural disasters, internet outages, government action).

17. Translations

If these Terms are translated into another language, the original English version shall prevail in case of conflict.

18. Updates to These Terms

We may revise these Terms at any time. If any changes are material, we’ll notify you via email 30 days in advance. We will determine, at our sole discretion, what changes are considered material. Material changes may include updates to how we process data or changes in service functionality. Continued use of TracTack™ after that period means you accept the new terms.

19. Contact Us

• General Inquiries: hello@mdbtherapy.com
• Data Protection: contact@gdprlocal.com
• Address: MDB Therapy Ltd, 2 Station Road West, Oxted, Surrey RH8 9EP, UK
• Response Time: Within 10 business days