Terms of Service – Marker

Last updated: September 28, 2025

1) About

These Terms govern your use of our iOS application and website markerhealth.app (the “Service”). By using Marker, you agree to these Terms.

Important: Marker is a health tracking tool designed to support your GLP-1 treatment journey. It is not a medical device and does not provide medical diagnosis, treatment, or professional medical advice. Always consult with qualified healthcare professionals for medical decisions and treatment guidance.

2) Service provider

Provider: Clément Baudet Contact: [email protected]

3) Eligibility & account responsibility

• You must be at least 18 years old and legally able to enter contracts
• You’re responsible for maintaining account security and device access
• Provide accurate information and keep your account details current
• One account per person; don’t share login credentials

4) Health data & treatment tracking

• Your responsibility: Ensure accuracy of health data you input (medication doses, symptoms, measurements)
• Treatment decisions: Base medical decisions on professional healthcare advice, not solely on app data or insights
• Emergency situations: Don’t rely on the app for urgent medical situations—contact emergency services
• Data backup: We recommend keeping backup records of important health information

5) Subscriptions & billing

• Payment processing: Subscriptions sold through Apple App Store; Apple handles all payment processing
• Auto-renewal: Subscriptions automatically renew unless canceled 24+ hours before renewal
• Management: Cancel or modify subscriptions in iOS Settings → Apple ID → Subscriptions
• Entitlements: Subscription features managed via RevenueCat services
• Refunds: Follow Apple’s refund policies; we cannot process App Store refunds directly
• Trial periods: Free trials convert to paid subscriptions unless canceled before trial ends

6) Acceptable use

You agree not to:

• Violate laws or regulations in your jurisdiction
• Input false, misleading, or harmful health information
• Attempt unauthorized access to systems or other users’ data
• Use the Service for commercial purposes without permission
• Upload content that violates intellectual property rights
• Interfere with Service functionality or security measures
• Share medication or medical advice with other users

7) Your content & data

• Ownership: You retain ownership of health data and content you provide
• License to us: You grant us a limited, worldwide license to process your data solely to:
  • Operate and improve the Service
  • Provide health insights and tracking features
  • Sync with HealthKit and other authorized services
• Your responsibility: You’re responsible for the accuracy and legality of all content you submit
• Prohibited content: Don’t upload content that’s illegal, harmful, or violates others’ rights

8) Third-party integrations

The Service integrates with:

• Apple: App Store payments, HealthKit synchronization, device authentication
• RevenueCat: Subscription management and entitlements
• PostHog: Product analytics and usage insights
• Sentry: Error monitoring and performance tracking

These providers’ terms and privacy policies apply to their respective services.

9) Service modifications & availability

• We may modify, update, or discontinue features with reasonable notice
• Service availability isn’t guaranteed; temporary outages may occur
• We may suspend accounts for Terms violations or legal/security reasons
• Account deletion: You can delete your account anytime through app settings

10) Privacy & data protection

Your privacy is important. Our data practices are detailed in our Privacy Policy, including:

• What data we collect and why
• How we protect and use your information
• Your rights regarding your personal data
• International data transfers and security measures

11) Disclaimers & limitations

Service provided “as is”:

• No warranties regarding accuracy, reliability, or fitness for specific medical purposes
• Health insights are informational; don’t replace professional medical evaluation
• We don’t guarantee specific health outcomes or treatment results

Liability limitations:

• Not liable for indirect, consequential, or incidental damages
• Not responsible for medical decisions based on app data
• Total liability capped at €50 or subscription fees paid in last 12 months, whichever is higher
• Nothing in these Terms excludes liability that cannot be legally excluded

12) Intellectual property

• Marker app, website, and related materials are our intellectual property
• You may use the Service for personal, non-commercial purposes only
• Don’t copy, modify, or distribute our intellectual property without permission

13) Governing law & disputes

• Governing law: French law applies to these Terms
• Jurisdiction: Courts of Paris, France have jurisdiction
• Consumer protection: Your local mandatory consumer protection laws may also apply
• Dispute resolution: Contact us first to resolve issues before pursuing legal action

14) Changes to Terms

• We may update these Terms with app/website notice
• Continued use after changes constitutes acceptance
• Material changes will be prominently communicated
• Previous versions available upon request

15) Contact & support

Questions or concerns? Email: [email protected]

Legal notices: Address: Available upon request for legal correspondence