Terms of Service

1. Agreement

These Terms form an agreement between you and Evan Lokahi Vaughs and Ethan James Garcia Jackson, the operators of Ducere (“Ducere,” “we,” “us,” or “our”). By installing, accessing, or using Ducere, you agree to these Terms and the Privacy Policy. If you do not agree, do not use Ducere.

2. Beta service

Ducere is an invite-only beta. Features may be incomplete, changed, interrupted, reset, or discontinued. Do not rely on Ducere as the sole repository for important information, as an emergency system, or for decisions requiring medical or other professional judgment.

We may add or remove features, impose limits, correct errors, suspend integrations, or end the beta. We will use reasonable efforts to avoid unnecessary data loss but do not promise uninterrupted availability, flawless synchronization, or permanent storage.

3. Eligibility and accounts

You must be legally capable of agreeing to these Terms. If you are below the age of legal majority, a parent or legal guardian must authorize and supervise your use. Beta access keys are personal to the assigned user. You must protect your key, provide accurate information, and promptly report suspected compromise. You may not share, sell, or transfer access without permission.

4. License and ownership

Subject to these Terms, Ducere grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the beta for its intended personal productivity and wellness purposes. Ducere’s software, design, branding, and original content are owned by or licensed to its operators and are protected by applicable law. These Terms do not transfer ownership to you.

5. Your content

You retain rights in tasks, notes, schedules, and other content you create. You grant Ducere a limited license to host, process, reproduce, and transmit that content only as necessary to operate, secure, support, and improve the features you choose. You are responsible for your content, your backups, and ensuring you have the right to provide it.

6. Health and wellness disclaimer

Ducere provides organizational and general wellness context. It is not a medical device, healthcare provider, diagnostic service, treatment, emergency service, or substitute for professional advice. Health values may be delayed, incomplete, inaccurate, unavailable, or affected by third-party devices and services. Do not disregard professional medical advice or delay seeking care because of information displayed by Ducere. For an emergency, contact local emergency services.

7. Oura and third-party services

Oura, Apple, Fly.io, and other third-party services are independent from Ducere and may apply their own terms and privacy policies. Oura owns its platform, data, trademarks, and technology. Ducere is not endorsed by Oura unless expressly stated by Oura. We are not responsible for third-party availability, accuracy, account decisions, policy changes, or acts and omissions. You authorize Ducere to request and process only the Oura information and scopes you approve.

8. Acceptable use

You may not misuse Ducere; violate law or another person’s rights; access another user’s account or data; probe, disrupt, overload, scrape, reverse engineer, or circumvent security; distribute malware; use Ducere for surveillance, discrimination, advertising based on health information, or unlawful profiling; resell the beta; or use Oura-derived information to build a competing Oura service or train an artificial-intelligence model. We may investigate suspected abuse and suspend or terminate access.

9. Privacy

Our Privacy Policy describes how information is handled. By using optional backup or integrations, you instruct us to process relevant information to provide those features. You may withdraw optional access, subject to retention that is necessary for security, legal compliance, or completion of a verified deletion request.

10. Feedback

If you voluntarily provide ideas or feedback, you grant Ducere permission to use them without restriction or compensation, provided we do not publicly identify you without permission.

11. Suspension and termination

You may stop using Ducere at any time and may request account deactivation and deletion. We may suspend or terminate access when reasonably necessary to protect users, comply with law or third-party obligations, address security risk, enforce these Terms, or end the beta. Provisions that by their nature should survive termination—including ownership, disclaimers, limitations, and dispute terms—will survive.

12. Disclaimers

To the maximum extent permitted by law, Ducere is provided “as is” and “as available,” without express or implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, or data preservation. Some jurisdictions do not allow certain disclaimers, so they apply only to the extent permitted.

13. Limitation of liability

To the maximum extent permitted by law, Ducere and its operators will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of data, goodwill, revenue, or opportunity; health decisions; or third-party service failures arising from or related to Ducere. Our aggregate liability for all claims will not exceed the greater of US $100 or the amount you paid Ducere during the twelve months before the event giving rise to the claim. These limits do not exclude liability that cannot legally be limited.

14. Indemnity

To the extent permitted by law, you agree to defend and indemnify Ducere and its operators from third-party claims arising from your unlawful misuse of Ducere, violation of these Terms, or infringement of another person’s rights. This does not apply to claims caused by our own unlawful conduct.

15. Governing law and disputes

These Terms are governed by the laws of the State of Hawaii and applicable United States federal law, without regard to conflict-of-law rules. Before filing a claim, each party agrees to provide written notice and attempt in good faith to resolve the matter informally for 30 days. Unless applicable law requires otherwise, claims will be brought exclusively in the state or federal courts located in Hawaii, and each party consents to those courts’ jurisdiction.

16. General terms

These Terms and the Privacy Policy are the entire agreement concerning Ducere. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or transfer of Ducere, subject to applicable law. Headings are for convenience only.

17. Changes

We may update these Terms as Ducere evolves. We will post the revised date and provide additional notice when legally required. Continued use after revised Terms become effective constitutes acceptance, except where law requires express consent.

18. Contact

Evan Lokahi Vaughs and Ethan James Garcia Jackson
Ducere · Hawaii, United States
privacy@useducere.com