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.

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.

02Service Description

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

• Record and organize children's health information (temperature, medications, symptoms, notes)
• Track health events over time in a chronological timeline
• Generate reports for medical visits
• Set optional medication reminders
• Store data locally on your device by default
• Optionally sync data across devices via cloud storage (upcoming feature)

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

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

With local storage, YOU are responsible for backing up your data. Uninstalling the app will permanently delete all locally stored data. We recommend regularly exporting your data. Cloud sync functionality will be available in the future.

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 (child profiles, health records, notes, photos). By using cloud sync features, you grant Pediary a limited license to store, process, and transmit your data solely for the purpose of providing the service.

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 stores all your data exclusively on your device:

• All health data is stored only on your device
• AES-256 encryption for all locally stored health data
• We do not use cloud infrastructure or remote servers
• You have complete control over your data on your device

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 do not keep copies of your data)

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. Since we do not use remote servers, we do not retain any copies of your data.

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. 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 does not integrate with third-party cloud services for data storage. All data is stored exclusively on your device.

App Store Terms: If you download the App from Apple App Store or Google Play Store, you also agree to their terms of service. These are the only third-party services the App interacts with.

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.