Terms of Use

Summary

Reflux Diary is a personal diary for general wellness. It is not a medical device and it does not give medical advice. Talk to your doctor before you act on anything the app shows you. AI results and third-party data can be wrong, so check them. Your diary is stored on your iPhone and we hold no copy of it. Apple handles payments and refunds, and Apple's Standard EULA governs your licence to the app. These Terms are a contract between you and us, not with Apple.

1. Who we are

1.1 Reflux Diary is published by Emre Demirel, an individual developer ("we", "us"). You can reach us at contact@refluxdiary.com.

1.2 These Terms are an agreement between you and us only. Apple is not a party to them. We, and not Apple, are responsible for the app.

2. Accepting these Terms

2.1 You accept these Terms when you install or use Reflux Diary. If you do not agree with them, do not use the app.

2.2 Two other documents apply alongside these Terms:

(a) Apple's Licensed Application End User License Agreement (the "Standard EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. It governs your licence to the app software, Apple's role, and Apple's warranty and refund mechanics.

(b) Our Privacy Policy, available at https://refluxdiary.com/privacy. It explains what stays on your device, what we hold, and why.

2.3 These Terms govern everything the Standard EULA does not, including the app's online features, your account, your content, and our responsibilities to each other. If these Terms and the Standard EULA conflict on a question about the software licence, the Standard EULA prevails.

3. Who can use Reflux Diary

3.1 You must be at least 18 years old to use Reflux Diary. The app is not intended for children.

3.2 We set the minimum age at 18 because the AI providers whose services the app can use require their users to be 18 or older.

3.3 By using the app you confirm that you meet this requirement.

4. What Reflux Diary is

4.1 Reflux Diary is a personal food and symptom diary for general wellness. You record what you eat and how you feel. The app keeps those entries on your iPhone and shows you patterns in them over time. Some features use automated analysis, including artificial intelligence, to help you record entries faster.

4.2 Reflux Diary is not a medical device and it is not a substitute for professional care.

5. Not medical advice

5.1 Reflux Diary does not diagnose, treat, cure or prevent any disease or condition. Nothing the app shows you is medical advice.

5.2 What the app shows you is an observation drawn from your own entries. It is not a clinical assessment, an allergy test or a diagnosis, and it cannot tell you what caused anything.

5.3 The app is not a medical record. We make no promise that anything in it is accurate or complete.

5.4 Talk to a doctor or another qualified health professional before you change your diet, your medication or your treatment, including because of something the app shows you. Never ignore professional advice, or delay seeking it, because of the app. If you think you have a medical emergency, call your local emergency number.

5.5 Using the app does not create a doctor-patient relationship, or any other professional relationship, between you and us.

6. Your responsibility

6.1 Decisions about your diet, your health and your care are yours, made together with your doctor. You accept that a self-kept diary and automated analysis have limits, and you use the app at your own risk.

6.2 You are responsible for:

(a) what you enter into the app, and for reviewing every result before you save it or act on it;

(b) checking ingredients and allergens on the actual packaging, or with the restaurant, if you have an allergy or intolerance. The app is not an allergen analysis;

(c) keeping your iPhone secure and backed up. Your diary is stored on your device. We hold no copy of it and we cannot restore it.

7. AI and third-party data can be wrong

7.1 Some features send a picture or other details to an artificial-intelligence service, or look up information in a third-party database. Results from these sources are estimates. They can be wrong, incomplete or out of date.

7.2 Third-party database content is provided as is, under its own licence. We do not verify it.

7.3 Check every result before you rely on it.

7.4 The Privacy Policy explains what is sent, where it is sent, and which companies currently provide these services.

8. Your account

8.1 You can use Reflux Diary without an account. If you create one, keep your sign-in credentials secure. You are responsible for what happens under your account.

8.2 You can delete your account from inside the app at any time. The Privacy Policy describes what deletion removes.

8.3 Deleting your account, or deleting the app, does not cancel a subscription. Subscriptions are managed through your Apple Account (section 9).

9. Purchases

9.1 Some features require a paid subscription or a one-time purchase. All purchases are made through Apple's App Store, and Apple is the merchant of record.

9.2 A subscription renews automatically unless you cancel it at least 24 hours before the current period ends. You manage and cancel subscriptions in your Apple Account settings.

9.3 Refund requests go to Apple, under Apple's rules. We do not process payments, cancellations or refunds.

9.4 A one-time purchase unlocks its features for as long as we offer the app. It is not a promise that the app, or any feature, will be offered forever (section 13).

10. Your content and our rights

10.1 Everything you enter into Reflux Diary is yours. These Terms give us no ownership of it.

10.2 Where a feature sends your content to us or to a service provider we use (for example, a picture you submit for analysis), you give us permission to process that content solely to provide the feature to you.

10.3 If you send us feedback or suggestions, we may use them freely, without any obligation to you.

10.4 The app itself, including its software, design, text, graphics and trademarks, belongs to us or to our licensors and is protected by intellectual-property law. Your licence to use the software is set out in the Standard EULA. These Terms give you no other right in the app.

11. Acceptable use

11.1 Use Reflux Diary only for its intended purpose, for your own personal use, and lawfully.

11.2 You must not:

(a) use the app, or anything it shows you, to give medical or dietary advice to another person, or in clinical practice;

(b) copy, modify, distribute, sell, rent or sublicense the app, or reverse-engineer or decompile it, except to the extent the law expressly allows this despite these Terms;

(c) circumvent or tamper with the app's security, entitlement checks or usage limits;

(d) access our servers by automated means, or for any purpose other than using the app;

(e) submit content that is unlawful or that infringes anyone's rights;

(f) use the app to break any law.

12. Services you connect with your own credentials

12.1 Some features may let you connect a third-party service using your own account or credentials, such as an API key.

12.2 If you do so:

(a) your use of that service is governed by your agreement with that provider, not by these Terms. Read and accept the provider's terms before you connect;

(b) you pay that provider directly. We take no share of what you pay and we cannot refund it;

(c) you are responsible for your credentials, and for any costs or limits the provider applies to them;

(d) we do not control that provider. To the fullest extent the law allows, we are not liable for its availability, pricing, accuracy, security or data practices;

(e) we may stop supporting any such provider at any time.

13. Technical requirements, changes and availability

13.1 To use Reflux Diary you need a compatible iPhone running a version of iOS that the App Store lists as supported for the app, and an internet connection for the features that use one.

13.2 We may change, suspend or discontinue the app or any feature at any time, for maintenance, security, legal or technical reasons, or because we stop offering the app.

13.3 Where a change materially reduces what a paid feature does, we will give you reasonable notice where we can. Your statutory rights as a consumer are not affected.

14. Disclaimer of warranties

14.1 To the fullest extent permitted by applicable law, REFLUX DIARY IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

14.2 We do not promise that the app will be uninterrupted, error-free or secure, that results or third-party data will be accurate or complete, or that the app will meet your needs.

14.3 If you are a consumer, the law of the country where you live may give you rights that this section cannot change, including the legal guarantee that digital content and digital services conform to the contract. This section does not take those rights away.

15. Limitation of liability

15.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for damage we cause intentionally, for fraud, or for anything else that the law does not allow us to exclude or limit.

15.2 Subject to clause 15.1, and to the fullest extent permitted by applicable law, we are not liable for:

(a) indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or opportunity, however caused;

(b) any loss or harm that results from decisions about your diet, health, medication or care made in reliance on the app, contrary to sections 5 and 6;

(c) the acts, omissions, content, availability or data practices of third parties, including Apple, third-party data sources, and any service you connect with your own credentials;

(d) a security incident at a service provider that processes information on our behalf, where we have met our own legal duties in choosing and instructing that provider;

(e) loss of, or unauthorised access to, the diary data stored on your device, or any loss that results from your device's security, your backups or your credentials;

(f) any loss that results from your breach of these Terms.

15.3 Subject to clause 15.1, our total liability to you for all claims arising out of or relating to the app or these Terms, in any twelve-month period, will not exceed the total amount you paid for the app through the App Store in the twelve months before the event giving rise to the claim.

15.4 This section applies whatever the legal basis of the claim, whether contract, tort, statute or otherwise, and even if we were advised of the possibility of the loss.

16. Your indemnity

16.1 To the extent permitted by applicable law, you will compensate us for any loss, liability, claim and reasonable cost (including legal fees) that we incur because of your breach of these Terms, your misuse of the app, content you submit, or your breach of any law or of a third party's terms or rights.

16.2 If you are a consumer, this section applies only to the extent the law of the country where you live allows.

17. Termination

17.1 You can stop at any time. Stop using the app, delete your account, and uninstall it. This does not cancel an Apple subscription (section 9).

17.2 We may suspend or terminate your access to the app's online features, or end this agreement, if you breach these Terms. Where it is reasonable to do so, we will tell you first and give you a chance to fix the problem.

17.3 We may also end this agreement on reasonable notice if we stop offering the app.

17.4 Termination does not by itself entitle you to a refund from us. Refunds for App Store purchases are Apple's to decide.

17.5 Sections 5, 6, 7, 10, 14, 15, 16, 18 and 20 survive termination.

18. Complaints

18.1 If you have a complaint about the app, write to contact@refluxdiary.com. Describe the problem and include the email address of your account if you have one.

18.2 We will look into it and reply within the time applicable law requires.

18.3 Complaints about a purchase, a charge or a refund go to Apple, which is the merchant for every purchase.

19. Changes to these Terms

19.1 We may change these Terms for any of the following reasons: a change in the law, or in a regulator's or Apple's requirements; a change to the app's features, providers or technology; a security need; a clarification or correction; or a change in how we run the business.

19.2 Before a material change takes effect, we will give you reasonable notice, in the app or by email if you have an account, and we will update the effective date at the top of this page.

19.3 If you do not agree with a change, stop using the app before the change takes effect. You may end this agreement at no charge. If you continue to use the app after the effective date, the new Terms apply to you.

19.4 Changes do not apply retroactively.

20. Governing law, jurisdiction and general terms

20.1 These Terms are governed by the law of Poland. The competent court in Warsaw, Poland has exclusive jurisdiction over any dispute arising out of or relating to these Terms or the app.

20.2 If you are a consumer, nothing in these Terms limits the mandatory consumer-protection rights of the country where you live. Where those rules give you greater protection than these Terms or Polish law, they prevail. Where they give you the right to bring or defend a claim before another court, including a court in your own country or the court competent for your place of residence, you keep that right.

20.3 If any provision of these Terms is invalid or unenforceable, it applies to the fullest extent the law allows, and the rest of the Terms remain in effect.

20.4 These Terms, the Standard EULA and the Privacy Policy are the entire agreement between you and us about the app.

20.5 If we do not enforce a provision, that is not a waiver of it.

20.6 We may transfer this agreement to a successor who takes over the app, provided this does not reduce your rights. We will tell you if we do. You may not transfer it without our consent.

20.7 These Terms are written in English. If we provide a translation and the two differ, the English version prevails to the extent the law allows.

21. Contact

Emre Demirel
contact@refluxdiary.com

• Privacy Policy: https://refluxdiary.com/privacy
• Apple's Standard EULA: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/