Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Diaroo mobile application (the "App") operated by Taoftware LLC ("we," "us," or "our"), a California limited liability company. Please read these Terms carefully before using the App.
By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Wellness Disclaimer. If you do not agree to these Terms, do not use the App.
1. Eligibility
You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Account Registration
- You may use certain features of the App without creating an account. Core logging, statistics, and local data storage are available without an account.
- If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You agree to provide accurate and complete information when creating your account.
- You must notify us immediately of any unauthorized use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
3. Use of the App
3.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use.
3.2 Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws.
- Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the App.
- Remove, alter, or obscure any proprietary notices in the App.
- Use the App to transmit any malicious code, viruses, or harmful content.
- Interfere with or disrupt the App's servers, networks, or infrastructure.
- Use automated systems (bots, scrapers) to access or interact with the App.
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
- Use the leaderboard, social features, or sharing features to harass, abuse, or harm others.
- Attempt to gain unauthorized access to other users' accounts or data.
3.3 User Content
You retain ownership of the data and content you create within the App ("User Content"), including log entries, notes, and profile information. By using the App's sync, sharing, or leaderboard features, you grant us a limited license to store, process, and display your User Content as necessary to provide the App's functionality.
4. Wellness Disclaimer
IMPORTANT: Diaroo is a wellness tracking tool. It does not provide medical advice, diagnosis, or treatment.
- The App is intended for informational and personal tracking purposes only.
- The information provided by the App is not a substitute for professional medical advice, diagnosis, or treatment.
- No doctor-patient relationship is created between you and Taoftware LLC by your use of the App.
- The App is not a medical device and is not regulated by the FDA or any equivalent authority.
- The App is not HIPAA-compliant and is not a medical record service.
- Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition.
- If you think you may have a medical emergency, call your doctor or emergency services immediately.
- Your use of any health-related features is entirely at your own risk.
5. Premium Upgrade and Purchases
5.1 Diaroo Premium
The App offers a premium upgrade ("Diaroo Premium") that removes advertisements and unlocks additional features.
5.2 Current Purchase Model
- The premium upgrade is a one-time, non-recurring purchase at the price displayed in the App.
- Premium status is stored locally on your device and is not currently tied to your account or transferable across devices.
- There are no auto-renewal charges, subscription fees, or recurring billing.
5.3 Refunds
Because the current premium upgrade is processed locally and does not involve an app store transaction, refund handling is at our sole discretion. Contact us at [email protected] for refund inquiries.
5.4 Future Changes
We may in the future transition to app store in-app purchases, subscriptions, or other payment models. If we do, we will update these Terms and provide clear notice before any paid transaction is processed.
6. Intellectual Property
- The App, including its design, code, graphics, logos, trademarks ("Diaroo," "Taoftware"), sounds, animations, and all other content, is owned by Taoftware LLC and protected by copyright, trademark, and other intellectual property laws.
- These Terms do not grant you any right, title, or interest in the App beyond the limited license in Section 3.1.
- "Diaroo" and "Taoftware" are trademarks of Taoftware LLC.
7. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Third-Party Services
The App integrates with Supabase for authentication and cloud data storage. Your use of Supabase is subject to Supabase's terms of service and privacy policy. We are not responsible for the practices of third-party service providers.
9. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT.
- WARRANTIES REGARDING DATA BACKUP, PRESERVATION, OR UNINTERRUPTED AVAILABILITY.
YOUR USE OF THE APP IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL TAOFTWARE LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
- OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).
- WE ARE NOT LIABLE FOR ANY HEALTH DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED BY THE APP.
11. Indemnification
You agree to indemnify, defend, and hold harmless Taoftware LLC from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of the App, your violation of these Terms, or your violation of any rights of a third party.
12. Dispute Resolution
12.1 Informal Resolution
Before filing any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, you and Taoftware LLC agree to resolve any dispute through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in Orange County, California, or remotely by videoconference.
12.3 Class Action Waiver
YOU AND TAOFTWARE LLC 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
12.4 Exceptions
Small claims court actions, intellectual property disputes, and requests for injunctive relief are excluded from arbitration.
12.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within 30 days of first accepting these Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California. You and Taoftware LLC consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.
14. Termination
- You may stop using the App at any time by uninstalling it.
- We may suspend or terminate your access at any time, with or without cause.
- Sections 4, 6, 9, 10, 11, 12, and 13 survive termination.
15. Changes to These Terms
We may update these Terms from time to time. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.
16. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and Wellness Disclaimer, constitute the entire agreement between you and Taoftware LLC regarding the App.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
- Waiver: Our failure to enforce any right does not constitute a waiver.
- Assignment: You may not assign your rights. We may assign ours without restriction.
- No Third-Party Beneficiaries: These Terms do not confer any rights on any third party.
17. Contact Us
Taoftware LLC
21520 Yorba Linda Blvd Ste G #3007
Yorba Linda, California 92887
Email: [email protected]