Terms of Use
Effective date: [to be set on publication] Last updated: [to be set on publication]
These Terms of Use (the "Terms") govern your access to and use of the Health Diary mobile application (the "app"). By creating an account or using the app, you agree to these Terms. If you do not agree, do not use the app.
1. Who we are
The app is operated by Andrew Mishin, an individual residing in the Russian Federation ("we", "us"). Contact: mishin113@gmail.com.
2. What Health Diary does
Health Diary is a fitness-tracking app. It lets you plan workouts, log sets and weights, track nutrition and supplements, set training reminders, and review your progress over time.
3. Not medical advice
Health Diary is a fitness tool and is not a medical device. The content and any recommendations in the app are for general informational and fitness purposes only and do not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting a new exercise programme, changing your diet, or taking any supplements, especially if you have a medical condition or take medication.
You use the app at your own risk. We are not liable for any injury, health issue, or other harm resulting from your use of the app or reliance on its content.
4. Eligibility
You must be at least 16 years old to use Health Diary. By using the app you confirm that you meet this requirement. If you are between 16 and the age of majority in your country, you confirm that your parent or legal guardian has reviewed and accepted these Terms on your behalf.
5. Your account
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You are responsible for keeping your credentials confidential.
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You are responsible for all activity that occurs under your account.
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Provide accurate information when registering and keep it up to date.
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One account per person. You may not transfer or share your account.
If you sign in with Apple or Google, your use of those providers is also subject to their own terms.
6. Acceptable use
You agree not to:
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Use the app for any unlawful purpose or in violation of any applicable
law.
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Reverse engineer, decompile, or attempt to extract source code, except
to the extent expressly permitted by applicable law.
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Interfere with or disrupt the app or its servers, including by sending
excessive automated requests, scraping, or denial-of-service activity.
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Use the app to harass, abuse, or harm others.
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Upload content that is illegal, infringing, deceptive, or that you have
no right to upload.
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Attempt to access another user's account without authorization.
We may suspend or terminate your account if we reasonably believe you have violated these Terms.
7. Your content
You retain ownership of the content you put into the app (profile data, workout entries, nutrition entries, custom foods, photos you upload).
By using the app, you grant us a limited, worldwide, royalty-free licence to host, store, transmit, and process your content solely to provide the app's functionality to you. We do not use your content for advertising and do not transfer it to third parties for advertising or marketing.
You are responsible for the content you submit and warrant that you have the right to submit it.
8. Our content and intellectual property
The app, its source code, design, exercise library, default workout programmes, food database structure, and other materials provided by us are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the app for personal, non-commercial purposes, in accordance with these Terms.
9. Third-party services
The app uses the following third-party services, each governed by its own terms and privacy policy:
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Apple Sign in with Apple (Apple Inc.)
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Google Sign-In (Google LLC)
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Apple Push Notification service for push delivery
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Our hosting and database providers (see Privacy Policy)
We are not responsible for the availability or content of third-party services.
10. Push notifications
If you enable notifications, the app will send you reminders related to your training schedule. You can disable notifications at any time in your device settings.
11. Account deletion
You may delete your account at any time inside the app, via Profile → Delete account. Deletion is immediate and permanent: your account and all associated workout, nutrition, supplement, schedule, and session data are removed from our active database via cascade.
We may delete inactive accounts after a long period of inactivity, after prior notice when possible.
12. Termination by us
We may suspend or terminate your access to the app at any time if:
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You materially breach these Terms.
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We are required to do so by law.
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We discontinue the app, in which case we will try to give reasonable
prior notice when possible.
13. Disclaimers
To the maximum extent permitted by applicable law, the app 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, accuracy, or non-infringement.
We do not warrant that the app will be uninterrupted, error-free, secure, or that any specific content will be accurate or reliable.
14. Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the app.
Our total cumulative liability arising out of or in connection with the app or these Terms will not exceed the greater of (a) the amount you paid to us for the app in the twelve months preceding the claim, or (b) USD 50.
Nothing in these Terms limits liability that cannot be limited under applicable mandatory law.
15. Apple-specific terms
If you obtained the app through the Apple App Store, you acknowledge that:
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These Terms are between you and us, not between you and Apple. Apple is
not responsible for the app or its content.
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Apple has no obligation to provide maintenance or support for the app.
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Apple is not liable for any failure of the app to conform to any
warranty; in case of failure, your sole remedy is to request a refund from Apple to the extent allowed by Apple's policies.
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Apple and its subsidiaries are third-party beneficiaries of these Terms
and may enforce them against you.
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You confirm that you are not located in a country subject to a US
Government embargo or designated as a "terrorist-supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
16. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted in the app or on our website, and the "Last updated" date will be revised. Material changes will be communicated in-app or by email when possible. Continued use of the app after changes constitutes acceptance.
17. Applicable law and disputes
These Terms are governed by the laws of the Russian Federation, without prejudice to mandatory consumer-protection rules of your country of residence. Disputes will be resolved in the competent courts of the Russian Federation, unless mandatory law of your country of residence provides otherwise.
18. Contact
Andrew Mishin Email: mishin113@gmail.com