Clear terms, made for parents

01Acceptance of Terms

By downloading, installing, accessing, or using the Pediary mobile application ("App"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Pediary ("we", "us", or "our").

If you are using this App on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of the child and have the authority to consent to the collection and use of the child's health information as described in these Terms and our Privacy Policy. If you create a profile for another adult, you represent that you have their consent to record their health information.

Age Requirement: You must be at least 18 years old to use this App. The App is designed for parents, guardians, and caregivers to track health information about children in their care and, since version 3.1.0, about adults too: themselves or the family members they care for.

02Service Description

Pediary is a health tracking application designed for parents and caregivers to:

• Record and organize children's and adults' health information (temperature, medications, symptoms, blood pressure, blood glucose, notes)
• Track health events over time in a chronological timeline
• Generate reports for medical visits, including the blood pressure and blood glucose reports in PDF, and export blood pressure readings and blood glucose values in CSV
• Set optional medication reminders
• Store data locally on your device by default
• Sync diary events, photos and the profile, the child's or the adult's, between two devices, if you turn it on, through your own personal cloud storage (available from version 3.0.0)

What Pediary Does NOT Do:

• Provide medical advice, diagnosis, or treatment
• Replace consultation with healthcare professionals
• Serve as a medical device or clinical decision support tool
• Guarantee accuracy of user-entered health information
• Monitor vital signs in real-time
• Alert emergency services
• Measure blood pressure or interpret its values: the app records the numbers you read on your monitor, it does not classify them and does not flag abnormal values. Accuracy depends on the monitor and on how you measure; diagnosis and treatment are up to the doctor
• Measure blood glucose, interpret its values or calculate insulin doses: the app records the numbers you read on your meter or sensor, it does not classify them, does not flag abnormal values and gives no treatment advice. Accuracy depends on the device and on how you measure; diagnosis and treatment are up to the doctor or diabetes doctor

03User Obligations and Responsibilities

3.1 Accurate Information

You are solely responsible for the accuracy, quality, and legality of the health information you enter into the App. We do not verify, validate, or fact-check user-entered data.

3.2 Parental Consent

By creating a child profile, you represent and warrant that:

• You are the parent or legal guardian of the child
• You have authority to consent to the collection of the child's health information
• You will maintain the confidentiality of any account credentials
• You will not share access to child profiles with unauthorized individuals

3.3 Data Backup Responsibility

The diary lives on your device, so YOU are responsible for backing up your data. Uninstalling the app will permanently delete all locally stored data. We recommend regularly exporting your data. From version 3.0.0 you can also turn on automatic backup to your own cloud storage and sync the diary with a second device: both features start switched off, and only you can switch them on.

3.4 Compliance with Laws

You agree to use the App in compliance with all applicable local, national, and international laws and regulations, including those related to health data privacy (GDPR, HIPAA, COPPA, etc.).

3.5 Prohibited Uses

You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Share medical advice with others based on App data
• Attempt to reverse engineer, decompile, or hack the App
• Upload malicious code, viruses, or harmful content
• Violate the intellectual property rights of Pediary or third parties
• Use the App to track health information of individuals without proper consent
• Resell, redistribute, or commercially exploit the App

04Intellectual Property

4.1 App Ownership

The Pediary App, including all software, design, text, graphics, logos, and functionality, is owned by Pediary and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

4.2 User-Generated Content

You retain all ownership rights to the health data and content you create in the App (profiles, health records, notes, photos). We do not ask for and do not receive any license over this content. When you turn on sync, your data is encrypted on the device and placed in your own cloud storage; automatic backup places the export archive in that same storage. In neither case do the files pass through a Pediary server.

4.3 Trademarks

"Pediary" and the Pediary logo are trademarks of Pediary. You may not use these trademarks without our prior written consent.

05Data Privacy and Security

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

5.1 Local Storage and Data Security

Pediary keeps the diary on your device, and it only leaves the device when you decide:

• All health data is stored on your device and leaves it only if you link a second device or turn on automatic backup
• Data on the device is protected by the device's own lock, with no separate password to remember
• No Pediary server receives or keeps your diary: what you sync is encrypted on the device and travels through your own cloud storage (Google Drive, Dropbox or OneDrive), with the keys staying on the linked devices
• You have complete control over your data: you decide whether to turn on sync, which devices to link and when to unlink them

5.2 Your Data Rights

Under GDPR, CCPA, and COPPA, you have the right to:

• Access your data (export at any time from the app)
• Correct inaccurate data (edit records in the app)
• Delete your data (use the "Delete All Data" feature in the app Settings)
• Port your data to another service (export in standard formats)
• Withdraw consent (simply uninstall the app: we keep no copies of your data, and the copies sitting in your own cloud storage are yours to delete)

06Account Termination

6.1 Termination by User

You may terminate your use of the App at any time by:

• Uninstalling the App from your device (automatically deletes all local data)
• Using the "Delete All Data" feature in the app Settings before uninstalling

Upon termination, all locally stored data will be permanently deleted from your device. No Pediary server receives your diary, so we have no copies to delete. If you had turned on sync or automatic backup, the files sitting in your own cloud storage stay there until you delete them, and whatever a linked device has already received stays on that device.

5.2 Termination by Pediary

We reserve the right to suspend or terminate your access to the App if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activity
• Abuse the service or harm other users
• Repeatedly violate these Terms

We will provide notice before termination when reasonably possible and legally permitted.

5.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ends
• You must uninstall the App from all devices
• Any legal obligations remain in effect
• Certain provisions of these Terms (limitation of liability, indemnification) survive termination

07Warranties and Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the maximum extent permitted by law, Pediary disclaims all warranties, express or implied, including:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be error-free, uninterrupted, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the App will meet your specific health tracking needs
• Warranties regarding medical outcomes or decisions based on App data

08Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

MAXIMUM LIABILITY: Pediary is provided as a free application. Our total aggregate liability for all claims from all users shall not exceed $100 USD in total.

ESSENTIAL PURPOSE: These limitations apply even if Pediary has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

09Indemnification

You agree to indemnify, defend, and hold harmless Pediary and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or intellectual property rights
• Medical decisions or outcomes based on information in the App
• Any content you submit to the App

10Children's Privacy and COPPA Compliance

Pediary is designed for parents and guardians to track their children's health information and, since version 3.1.0, that of the adults in the family too. This section concerns children's profiles. We comply with the Children's Online Privacy Protection Act (COPPA) and similar international regulations.

10.1 Parental Consent

By creating a child profile, you provide parental consent for the collection and storage of the child's health information as described in our Privacy Policy.

10.2 No Direct Collection from Children

The App is designed for adult users (18+) only. We do not knowingly collect information directly from children under 13 without verifiable parental consent.

10.3 Parental Controls

Parents and guardians have complete control over:

• What information is entered about their children
• Who has access to child profiles (family sharing)
• Data retention and deletion
• Export and portability of data

11Third-Party Services

The App relies on a third-party cloud service only if you turn on sync between two devices or automatic backup, and only on the one you choose among Google Drive, Dropbox and OneDrive. The files stay in your own storage: no Pediary server receives them. Your relationship with that service is between you and the provider, so its terms and its privacy policy apply.

11.1 Sync between two devices and backup in your own cloud storage

To sync two devices or to turn on automatic backup you need an active account of your own on Google Drive, Dropbox or OneDrive, with enough free space. Keeping it active and roomy is your responsibility: Pediary cannot create it, restore it or free up space in it.

If that account is suspended, if it runs out of space or if you revoke Pediary's permission to access it, sync and backup stop. The diary on your device stays intact, but the linked devices stop updating until you sort the problem out with your cloud service.

Linking a second device is a deliberate sharing of the health data of the profile, child or adult, and you authorize it by confirming on your device the code shown by the other one. From that moment on, whoever uses the other device can see and edit the same diary. You can end the link whenever you want from the App settings.

If the two devices edit the same entry before they have synced with each other, the App keeps one version only and discards the other. The discarded change cannot be recovered.

Once the link ends, the two devices stop exchanging data, but whatever the other device has already received stays on that device: we cannot delete it remotely.

App Store Terms: If you download the App from Apple App Store or Google Play Store, you also agree to their terms of service.

12Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• In-app notification
• Email to your registered email address (if applicable)
• Posting the updated Terms on our website with a new "Last Updated" date

Material changes will take effect 30 days after notification. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and delete your account.

13Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Italian Republic, without regard to conflict of law principles.

13.2 Dispute Resolution

In the event of a dispute, you agree to first attempt to resolve the matter informally by contacting us at support@pediary.net. If the dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the competent Italian courts.

14Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pediary regarding your use of the App and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any delay or failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government actions.