Terms of Service

Table of Contents

1. Eligibility & Account Requirements
2. What Penny Is (and Isn't)
3. Medical Disclaimer
4. User Responsibilities
5. Subscription & Payment
6. Intellectual Property
7. Your Data & Content
8. Prohibited Uses
9. Termination & Suspension
10. Disclaimers & Limitations of Liability
11. Indemnification
12. Dispute Resolution
13. Changes to Terms
14. General Provisions
15. Contact Information

1. Eligibility & Account Requirements

1.1 Age Requirement

You must be 18 years of age or older to use Penny.

By using Penny, you represent and warrant that you are at least 18 years old. Penny is not intended for, and we do not knowingly collect information from, anyone under 18.

1.2 Geographic Restriction

Penny is currently available only to users in the United States.

By using Penny, you represent that you are located in the United States. We reserve the right to restrict access from other locations.

1.3 Account Creation

To use Penny, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your account information
• Accept responsibility for all activities under your account

You may not:

• Create an account using false information
• Create multiple accounts for yourself
• Share your account with others
• Allow others to access your account
• Use another person's account without permission

1.4 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use

We recommend enabling multi-factor authentication (MFA) for enhanced security.

2. What Penny Is (and Isn't)

2.1 What Penny Provides

Penny is a personal wellness tracking application that helps you:

• Document symptoms, lifestyle factors, and health observations
• Identify patterns in your personal health data
• Organize information to share with healthcare providers
• Track your pelvic health journey over time

2.2 What Penny Is NOT

Penny is NOT:

• A medical device
• A diagnostic tool
• A treatment or therapy
• Medical advice
• A substitute for professional healthcare
• A period tracking app designed to predict fertility or menstrual cycles
• Regulated by the FDA as a medical device

Penny is classified as a general wellness app under FDA guidance for low-risk devices.

2.3 No Medical Advice

CRITICAL: Nothing in Penny constitutes medical advice, diagnosis, or treatment. Penny is for personal observation and educational purposes only.

You should always:

• Consult your healthcare provider for medical decisions
• Seek professional medical advice before making health changes
• Discuss any concerning symptoms with qualified healthcare professionals
• Call 911 or seek immediate care for medical emergencies

3. Medical Disclaimer

3.1 Full Medical Disclaimer

3.2 No Professional Relationship

Using Penny does not create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and Baig Innovations, LLC or any of our employees, contractors, or partners.

3.3 Information Accuracy

While we strive to provide accurate educational content, we make no warranties about:

• The accuracy, reliability, or completeness of any information in Penny
• The suitability of any information for your particular health situation
• The medical appropriateness of any patterns or correlations Penny identifies

3.4 Third-Party Content

Penny may link to or reference third-party content (articles, studies, resources). We do not endorse or verify third-party content and are not responsible for its accuracy or appropriateness.

3.5 Your Responsibility

You are solely responsible for:

• All health decisions you make
• How you interpret and use information from Penny
• Discussing Penny data with your healthcare providers
• Seeking appropriate medical care when needed

4. User Responsibilities

4.1 Accurate Information

You agree to:

• Enter information into Penny accurately and honestly
• Use Penny for its intended purpose (personal wellness tracking)
• Not manipulate data to misrepresent your health status

4.2 Lawful Use

You agree to use Penny only for lawful purposes and in accordance with these Terms.

4.3 Security Practices

You agree to:

• Keep your login credentials secure
• Use a strong password
• Enable multi-factor authentication when available
• Not share your account with others
• Log out on shared devices
• Notify us immediately of any security breach

4.4 Device & Software Requirements

You are responsible for:

• Obtaining and maintaining compatible devices (smartphones, tablets)
• Ensuring adequate internet connectivity
• Paying any third-party charges (data plans, internet service)
• Keeping your device's operating system and Penny app updated

5. Subscription & Payment

5.1 Beta Period

During the beta testing period, Penny may be offered free of charge. Beta access does not guarantee future free access or any particular pricing.

5.2 Future Subscription Plans

When Penny launches paid subscriptions, you agree to:

• Pay all fees for your chosen subscription plan
• Provide accurate billing information
• Update payment information as needed
• Pay through authorized payment processors

5.3 Billing & Renewal

Subscriptions (when available) will:

• Automatically renew unless canceled
• Be billed at the beginning of each billing period
• Use the payment method on file
• Reflect any price changes with advance notice

5.4 Refunds

Refund policies will be clearly communicated with subscription offerings. Generally:

• No refunds for partial billing periods
• Refunds may be offered at our discretion for technical issues
• You may cancel anytime to prevent future charges

5.5 Free Trial (if offered)

If we offer a free trial:

• You must provide payment information to start the trial
• You will be charged when the trial ends unless you cancel
• Only one free trial per person
• We reserve the right to determine trial eligibility

5.6 Price Changes

We may change subscription prices at any time. You will receive at least 30 days' notice before any price increase affects your subscription. Continuing your subscription after the notice period constitutes acceptance of the new price.

6. Intellectual Property

6.1 Penny's IP

We Own:

• The Penny app, website, and all related technology
• The Penny name, logo, and branding
• All content we create (educational materials, help documentation)
• The design, layout, and user interface
• Algorithms, code, and proprietary technology

Our IP is protected by:

• Copyright, trademark, patent, and trade secret laws
• International intellectual property treaties

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Use Penny for personal wellness tracking
• Access the app on devices you own or control
• Use features included in your subscription level

You may NOT:

• Copy, modify, or create derivative works from Penny
• Reverse engineer, decompile, or disassemble the app
• Remove copyright notices or branding
• Use Penny's name, logo, or trademarks without written permission
• Resell, sublicense, or redistribute Penny
• Use Penny for commercial purposes without authorization

6.3 Feedback

If you provide feedback, suggestions, or ideas about Penny:

• We may use your feedback without obligation to you
• You grant us unlimited rights to use, modify, and implement your feedback
• You will not be compensated for feedback
• Feedback becomes our property

7. Your Data & Content

7.1 Data Ownership

You own all data you enter into Penny. This includes:

• Health tracking entries (symptoms, medications, etc.)
• Notes and observations
• Any other information you input

7.2 License to Us

By using Penny, you grant us a limited license to:

• Store and process your data to provide the Service
• Generate insights and visualizations from your data
• Back up your data for security and reliability
• Use aggregated, de-identified data to improve Penny

We will NOT:

• Use your identifiable health data for advertising
• Sell your personal information or health data
• Share your data without your permission (except as required by law)

7.3 Data Portability & Deletion

You can:

• Export your data at any time in machine-readable formats
• Delete your data or account at any time
• See our Privacy Policy for complete data rights information

7.4 Aggregated Data

We may create aggregated, anonymized, de-identified statistics from user data (e.g., "70% of users track pain daily"). This aggregated data:

• Cannot be linked back to you
• May be used to improve Penny
• May be shared publicly or with partners
• Remains our property even after account deletion

8. Prohibited Uses

8.1 You May NOT Use Penny To:

Harm Others:

• Harass, threaten, or harm others
• Impersonate any person or entity
• Violate anyone's privacy or legal rights

Illegal Activities:

• Violate any local, state, federal, or international law
• Promote illegal drugs or substances
• Engage in fraud or deception

System Abuse:

• Access Penny through unauthorized means (hacking, bots, scrapers)
• Interfere with Penny's functionality or security
• Introduce viruses, malware, or harmful code
• Overload or disrupt Penny's infrastructure

Commercial Misuse:

• Use Penny for unauthorized commercial purposes
• Resell or redistribute access to Penny
• Use automated systems to access Penny (without permission)

Misrepresentation:

• Provide false or misleading information
• Create fake accounts or identities
• Manipulate data to misrepresent health information

8.2 Consequences

Violation of these prohibited uses may result in:

• Immediate suspension or termination of your account
• Loss of access to your data
• Legal action
• Reporting to law enforcement

9. Termination & Suspension

9.1 Your Right to Terminate

You may terminate your Penny account at any time by:

• Using the "Delete Account" feature in app settings, or
• Emailing support@baig-innovations.com

Upon termination, your data will be deleted as described in our Privacy Policy.

9.2 Our Right to Terminate

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in prohibited uses
• Your account is inactive for more than 3 years (after notice)
• We discontinue Penny (with at least 30 days' notice)
• Required by law

9.3 Effect of Termination

Upon termination:

• Your right to use Penny immediately ends
• You will no longer have access to your account or data
• Unpaid fees remain due
• Provisions that should survive (disclaimers, indemnification) remain in effect

9.4 Data After Termination

After account deletion, your data will be:

• Permanently deleted within 30 days
• Removed from backups within 90 days
• Retained only if required by law (e.g., financial records)

10. Disclaimers & Limitations of Liability

10.1 "AS IS" Disclaimer

We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content
• Uninterrupted or error-free service
• Security or virus-free operation

10.2 No Medical Warranties

WE MAKE NO WARRANTIES REGARDING:

• The medical accuracy of any information
• The suitability of Penny for your health situation
• Any health outcomes from using Penny
• The reliability of patterns or correlations identified

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Baig Innovations, LLC and its officers, directors, employees, and agents SHALL NOT BE LIABLE for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Personal injury or death resulting from use of Penny
• Any damages arising from:
  • Your use or inability to use Penny
  • Unauthorized access to your data
  • Errors or omissions in content
  • Any conduct or content of third parties
  • Health outcomes or medical decisions

IF WE ARE FOUND LIABLE, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

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

10.4 State Law Variations

Some states do not allow certain disclaimers or limitations of liability. If you are in such a state, the above limitations may not fully apply to you, but will apply to the maximum extent permitted by law.

10.5 Critical Health Situations

IMPORTANT: If you experience a medical emergency, do not rely on Penny. Call 911 or seek immediate professional medical care. We are not liable for any harm resulting from delays in seeking appropriate medical attention.

11. Indemnification

11.1 Your Agreement to Indemnify

You agree to indemnify, defend, and hold harmless Baig Innovations, LLC, its officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of Penny
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any law or regulation
• Any health decisions you make based on Penny data
• Any inaccurate information you provide
• Your content or data

11.2 Our Right to Control Defense

If we are subject to a claim you must indemnify, we may:

• Choose our own legal counsel
• Control the defense and settlement
• Require you to cooperate with our defense

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in Orange County, Florida.

12.2 Informal Resolution

Before filing any legal claim, you agree to:

1. Contact us at legal@baig-innovations.com describing the issue
2. Provide a good faith opportunity to resolve the dispute informally
3. Wait 30 days for our response and resolution attempt

This informal process is a required first step.

12.3 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than court, except:

• You may bring an individual claim in small claims court
• Either party may seek injunctive relief in court to protect intellectual property

Arbitration Details:

• Administered by the American Arbitration Association (AAA)
• Conducted under AAA's Consumer Arbitration Rules
• Held in Orange County, Florida or via video conference
• Arbitrator's decision is binding and enforceable in court

What You Give Up:

• Your right to a jury trial
• Your right to a judge deciding your case
• Broad discovery rights available in court

Fees:

• We will pay AAA filing fees if you cannot afford them
• Each party pays their own attorneys' fees unless the arbitrator awards them

12.4 Class Action Waiver

You waive the right to:

• Participate in class actions
• Act as a class representative
• Bring claims on behalf of others
• Consolidate claims with others

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

12.5 Exceptions

Nothing in these Terms prevents either party from:

• Seeking injunctive relief to protect intellectual property
• Reporting illegal activity to law enforcement
• Participating in government investigations

13. Changes to Terms

13.1 Our Right to Modify

We may modify these Terms at any time. Changes may reflect:

• New features or services
• Legal or regulatory requirements
• Business necessity
• Improved user protections

13.2 Notice of Changes

We will notify you of material changes by:

• Email to your registered address
• In-app notification
• Updating the "Last Updated" date at the top of these Terms

13.3 Your Acceptance

Continued use of Penny after changes take effect means you accept the new Terms.

If you do not agree with changes, you must:

• Stop using Penny
• Delete your account before the changes take effect

13.4 Material Changes

For material changes that reduce your rights:

• We will provide at least 30 days' advance notice
• You may delete your account and data before changes take effect
• You will not be bound by changes if you delete your account before the effective date

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices we publish, constitute the entire agreement between you and Baig Innovations, LLC regarding Penny.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable:

• That provision will be modified to the minimum extent necessary to make it enforceable
• All other provisions remain in full effect

14.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later. Any waiver must be in writing.

14.4 Assignment

You may not assign or transfer these Terms or your Penny account to anyone else. We may assign these Terms to any successor or affiliate without your consent.

14.5 No Third-Party Beneficiaries

These Terms are between you and Baig Innovations, LLC. No third party has any rights under these Terms.

14.6 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control (natural disasters, war, terrorism, pandemic, government action, infrastructure failure, etc.).

14.7 Survival

Provisions that should survive termination (disclaimers, limitations of liability, indemnification, dispute resolution, intellectual property) will survive.

14.8 Interpretation

• Headings are for convenience only and do not affect interpretation
• "Including" means "including but not limited to"
• Singular terms include the plural and vice versa
• "Days" means calendar days unless specified otherwise

14.9 Electronic Communications

You agree that:

• These Terms are in electronic form
• Your electronic acceptance is valid and binding
• We may communicate with you electronically
• Electronic records satisfy legal writing requirements

14.10 Export Control

You represent that you are not:

• Located in a country subject to U.S. embargo
• Listed on any U.S. government prohibited or restricted party list

15. Contact Information

Questions About These Terms?

Email:

• General Support: hello@baig-innovations.com
• Legal Matters: legal@baig-innovations.com

Mailing Address:
Baig Innovations, LLC
Orange County, Florida

Response Time: We aim to respond to inquiries within 5 business days.