These Terms of Service ("Terms") are a binding agreement between you and Digital Whims LLC ("Tidewell," "we," "us") governing your use of the Tidewell website and application (the "Service"). By creating an account, using Guest Mode, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Our Privacy Policy and, where applicable, our Washington Consumer Health Data Privacy Notice are incorporated into these Terms by reference. Where those documents describe data practices, they control on that subject; these Terms govern your use of the Service generally.
Tidewell applies different account modes based on your age and general region, so that the Service can be used by people of a wide range of ages in a manner appropriate to their jurisdiction:
By using the Service, you represent that the age and location information you provide is accurate. If we determine an account was set up using inaccurate age information in a way that bypassed the protections above, we may suspend the account and take the corrective action described in our Privacy Policy.
If you are using the Service on behalf of a minor, or are a parent or guardian, your use is also subject to any additional terms disclosed to you during that flow.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access to your account. You may sign in using a username and password you create, or using Google sign-in.
Tidewell lets you track menstrual cycles and related health information — symptoms, mood, medications, and daily logs — and view trends and predictions based on what you log. You may use the Service in Guest Mode / local-only storage, where your data stays only on your device, or in cloud mode, where your data (much of it end-to-end encrypted) is stored on our servers so it can sync across your devices, as described in our Privacy Policy. You choose which mode to use and can switch between them in Settings.
TIDEWELL IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Cycle predictions, trends, and any other output of the Service are estimates based on the information you enter and are provided for informational and organizational purposes only. They are not a substitute for professional medical advice, and should not be relied upon for medical decisions, including decisions about contraception, fertility, or pregnancy prevention or planning. Always consult a qualified healthcare provider with questions about your health.
If you use Guest Mode or local-only storage, your data is stored solely on your device and we have no copy of it and no ability to recover it. If you lose access to your device, clear your browser storage, or uninstall the app without exporting your data first, that data is permanently lost and we cannot restore it. Exporting a backup (Settings > Export) is your responsibility if you want a copy.
If you grant another person delegate access to your profile, you are responsible for that decision and for revoking it if your relationship with that person changes. We are not responsible for a delegate's use or misuse of information they can access through a grant you made.
You retain ownership of the health and other information you enter into the Service ("Your Content"). You grant us a limited license to store, process, and transmit Your Content solely as necessary to provide the Service to you (for example, to sync it across your devices, generate predictions, or include it in an export you request), consistent with our Privacy Policy. We do not use Your Content for any purpose beyond operating the Service, and in particular do not use it to train third-party AI models or for advertising.
You are solely responsible for the accuracy of the information you enter, and for ensuring you have the right to enter any information about another person (for example, if you manage a family sub-account).
You agree not to:
The Service is currently provided free of charge. We reserve the right to introduce paid features or subscription tiers in the future. If we do, we will provide clear notice and obtain your agreement before charging you, and these Terms will be updated to include pricing, billing, and cancellation terms at that time.
Grandfather commitment: if a feature is available to your account at no cost at the time you create your account, it will remain available to your account at no cost even if we later designate that same feature as a paid or premium feature for new accounts. This commitment applies on a per-feature, per-account basis, tracked from your account's creation date and from the date, if any, a given feature is switched to paid — it does not extend to features you have never had access to, or to features introduced for the first time after your account was created.
The Service, including its design, text, graphics, and underlying software (but excluding Your Content), is owned by Tidewell or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.
The Service relies on third-party providers to operate, including authentication and database infrastructure (Supabase), hosting infrastructure (Amazon Web Services), email delivery (Brevo), and, if you choose to use it, Google sign-in. Your use of Google sign-in is also subject to Google's own terms. We are not responsible for the availability or performance of these third-party services.
You may stop using the Service, or delete your account, at any time through Settings. We may suspend or terminate your access to the Service if you violate these Terms, or if necessary to comply with law or protect the Service or other users. Upon termination, your right to use the Service ends immediately; Section 8 (Your Content), and Sections 14 through 18 of these Terms, survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. CYCLE PREDICTIONS AND OTHER SERVICE OUTPUTS ARE ESTIMATES ONLY AND MAY BE INACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIDEWELL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIDEWELL'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $50 USD.
You agree to indemnify and hold Tidewell harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Service.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles, except to the extent a mandatory consumer-protection law of your home jurisdiction applies despite this choice.
You and Tidewell agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that qualifies, by dollar amount, for small claims court under applicable law must be brought exclusively in the small claims court of Pitt County, North Carolina, rather than in any other court or forum, and rather than through arbitration.
Any dispute that does not qualify for small claims court solely because it exceeds that court's dollar limit must be brought exclusively in the state or federal courts located in Pitt County, North Carolina, and both parties consent to personal jurisdiction in those courts.
YOU AND TIDEWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, IN SMALL CLAIMS COURT, GENERAL COURT, OR ANY OTHER FORUM.
We may update these Terms from time to time. We will post the updated Terms with a new effective date and version tag. Material changes will be highlighted, and continued use of the Service after a material change takes effect constitutes acceptance, except that changes to Section 18 (Dispute Resolution) will not apply retroactively to a dispute that arose before the change without your affirmative consent.
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy and, where applicable, our Washington Consumer Health Data Privacy Notice, are the entire agreement between you and Tidewell regarding the Service.
Digital Whims LLC
Email: [email protected]
© 2026 Digital Whims LLC. All rights reserved.