Terms and Conditions

Effective date: 10 November 2026

These Terms of Use (hereinafter "the Terms" or "this Agreement") are a legal agreement between you, the user (hereinafter "the User", "you", "your"), and ARKI LAB LIMITED (hereinafter "the Company", "We", "Us", "Our") governing your use of the mobile application Painscape and its Home Screen widget and Apple Watch app (together, "the App").

By downloading, installing or using the App you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the App.

1. About the Company

ARKI LAB LIMITED
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong
Registry number: 76463925
E-mail: support@arkilab.tech

2. Medical disclaimer — please read

Painscape is a personal diary, not a medical device. It helps you record pain, medications and related information and prepare a summary to show to your doctor.

• The App does not diagnose, treat, cure or prevent any disease or condition, and does not replace a consultation with a qualified healthcare professional.

• Statistics, patterns, "what stands out" observations and warnings (for example, about how often pain medication is taken) are calculated only from what you entered. They are descriptive and are not medical advice. Their accuracy depends entirely on the completeness and accuracy of your records.

• Always discuss diagnosis and treatment with your doctor. Do not start, stop or change any treatment based on the App.

• In an emergency, call your local emergency number immediately. Do not rely on the App for urgent help.

3. Who may use the App

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for any purchases made through your Apple ID.

A parent or legal guardian may also use the App to keep a diary for their child. In that case the parent is the user of the App and is responsible for the child’s data and for any purchases.

By keeping a diary for another adult, you confirm that you have their permission to record their health information.

4. License

4.1. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App on Apple devices that you own or control, for your personal, non-commercial purposes, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions.

4.2. The App, including its software, source code, design, texts, graphics, icons, trademarks and all other intellectual property rights in it, belongs to ARKI LAB LIMITED and its licensors. All rights not expressly granted to you are reserved.

4.3. You may not: copy, modify, translate, adapt or create derivative works of the App; decompile, reverse engineer or attempt to extract its source code; rent, lease, sell, sublicense or otherwise transfer the App; remove or alter any proprietary notices; interfere with or circumvent the App's security or subscription features; or use the App for any unlawful purpose.

5. Your data

5.1. The content you enter into the App (your diary) belongs to you. It is stored on your device and, if you turn on iCloud sync, in your private iCloud account. The Company does not receive and cannot access it. Details are set out in the Privacy Policy.

5.2. You are responsible for your device, its passcode and your Apple ID, and for backing up your data. Deleting the App or using "Erase all data" permanently deletes the diary from the device; the Company cannot restore it. We recommend using the backup feature or iCloud sync.

5.3. Reports and exports you create are shared only where you choose. You are responsible for choosing whom you send them to.

6. Free features and subscription

6.1. Recording pain is always free. Recording pain and pain-free days, the calendar, the history, reminders and the catalogs of pain types, triggers and medications are available without a subscription, without limits on the number of records. If your subscription ends, everything you recorded stays in the App and remains available for viewing.

6.2. Painscape Premium is an optional auto-renewable subscription that unlocks additional features, such as statistics and reports for periods longer than one month, an unlimited number of doctor reports, charts and patterns, diaries for several people, additional custom pain types, CSV export and backups, quick entry from the widget and Siri, the Apple Watch app and iCloud sync. The exact list of features is shown in the App before purchase and may change over time.

6.3. One free doctor report. Without a subscription you can create one PDF report for a period of up to one month. A report you have already created stays available for viewing and sharing.

6.4. Billing. Subscriptions are purchased through your Apple ID and billed by Apple. Prices, billing periods and any free trial are shown in the App before you confirm the purchase. Payment is charged to your Apple ID at confirmation of purchase or, if a free trial is offered, at the end of the trial.

6.5. Auto-renewal. The subscription renews automatically for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.

6.6. Free trials. If a free trial is offered and you do not cancel at least 24 hours before it ends, the subscription starts and is charged automatically. Any unused portion of a free trial is forfeited when you purchase a subscription.

6.7. Cancelling. You can manage or cancel your subscription at any time in iOS Settings → [your name] → Subscriptions. Cancelling stops future renewals; the subscription remains active until the end of the period you have already paid for.

6.8. Refunds. All payments are processed by Apple, and refunds are handled by Apple under its policies. You can request a refund at https://reportaproblem.apple.com. The Company does not have access to your payment details and cannot issue refunds directly. Nothing in these Terms limits any mandatory consumer rights you have under the law of your country.

6.9. Restoring purchases. If you reinstall the App or use a new device with the same Apple ID, use "Restore" on the subscription screen to restore your subscription.

6.10. Price changes. We may change subscription prices. Apple will notify you in advance as required, and you can cancel before the new price applies.

7. Third-party services

The App relies on services provided by third parties, including Apple (App Store, iCloud, notifications, Apple Watch), Google (Firebase Analytics, Firebase Crashlytics, Google Ads) and Adapty (subscription management). Your use of these services is also subject to their own terms and privacy policies. The Company is not responsible for third-party services or their availability.

8. Updates and availability

8.1. We may update the App, add, change or remove features, and change system requirements at any time. Some updates may be required to keep using the App.

8.2. We do not guarantee that the App will be compatible with every device or iOS version, available in every country or language, or available without interruption. Certain features (such as iCloud sync and subscription purchases) require an internet connection, and your mobile operator's data charges may apply.

8.3. We may stop providing the App at any time. If We do, the data on your device remains on your device.

9. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", with all faults and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be error-free or uninterrupted, that it will meet your requirements, or that any statistics, reports or observations it produces will be accurate or complete.

10. Limitation of liability

10.1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of data, health-related decisions, profits or goodwill, arising out of or in connection with the use of, or inability to use, the App, including decisions you or others make based on information recorded in or produced by the App.

10.2. To the maximum extent permitted by applicable law, the Company's total liability to you for all claims relating to the App shall not exceed the amount you paid for the App or the subscription in the twelve (12) months before the claim.

10.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

11. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, employees and partners from any claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms or your unlawful use of the App.

12. Termination

These Terms remain in force while you use the App. We may suspend or terminate your license if you breach these Terms. You may stop using the App at any time by deleting it. On termination you must stop using the App and delete it from your devices. Sections 2, 4.2, 5.2, 9, 10, 11, 14 and 15 survive termination.

13. Force majeure

The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, riots, strikes, failures of power, internet or telecommunications networks, cyber-attacks, changes in law or acts of authorities.

14. Apple-specific terms

These Terms are between you and ARKI LAB LIMITED only, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or consumer protection claims. Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the App infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. General

15.1. Governing law. These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law rules. This does not deprive you of the protection of mandatory consumer protection laws of the country where you live.

15.2. Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and the Company regarding the App.

15.3. Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

15.4. No waiver. Our failure to enforce any right is not a waiver of that right.

15.5. Assignment. You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition or sale of assets.

15.6. Language. If these Terms are translated, the English version prevails in case of any conflict, to the extent permitted by law.

16. Changes to these Terms

We may update these Terms from time to time. The current version is always available in the App and on our website, with its effective date at the top. If changes are significant, We will notify you in the App. By continuing to use the App after the changes take effect, you accept the updated Terms.

‍