Terms of Use

These Terms of Use ("Terms") are an agreement between you and the independent developer in the United States who publishes the Weighdial mobile application (the "App") — the "Service Provider", "we", "us". By downloading or using the App you agree to them. If you do not agree, do not use the App. Our Privacy Policy explains what the App does with your data; it is part of these Terms.

1. What Weighdial is

Weighdial records the weights you enter and shows them as a trend: daily readings, a seven-day average, the rate of change, and an optional goal with a projected date. Every number is arithmetic on what you entered. A projection is an estimate that changes with every new weigh-in and is not a promise about the future. Weighdial is not affiliated with Apple, Google or any maker of scales.

2. Not medical advice

Weighdial is not a medical device and does not diagnose, treat or prevent anything. It gives no medical or dietary advice, and the BMI it shows is the standard formula applied to what you entered, which does not account for your individual circumstances. Talk to a clinician before making decisions about your health. If tracking your weight is affecting your wellbeing, stop, and speak to someone you trust or to a professional.

3. Who may use the App

Weighdial is meant for adults. You may use it if you are at least 13 years old (16 in the European Economic Area, the United Kingdom and Switzerland, or the age of digital consent where you live). If you are under the age of majority where you live, use the App with a parent's or guardian's permission.

4. Your data

Everything you enter is stored only on your phone, as the Privacy Policy explains. That means:

• You are responsible for keeping it. Use Export, and your phone's own backup, if you want a copy outside the App. We hold no copy, so we cannot recover data that is lost, deleted or left on a phone you no longer have.
• Restore reads only Weighdial export files. A file that has been edited or damaged may not restore.
• Deleting the App deletes everything it stored.
• An export file contains your data. Where you send it, and who can read it there, is up to you.

5. Price

Weighdial is free, and this version has no subscription, no in-app purchase and no advertising. If a future version offers something to buy, the store will show what it is and what it costs before you confirm, and Apple or Google will process the payment under their terms.

6. What you send us

Sending us anything is optional; the App works without it. If you write to us, from the Contact row or from the App's own question about how it is working for you, your mail app sends the message, and we receive your address and what you wrote. A message started from the App's question ends with a line giving the App's version, your phone's system version and the answer you gave; you can delete it before sending. Do not send us sensitive information. By sending feedback, suggestions or ideas you allow us to use them to improve the App, without payment or credit, and without any obligation to act on them.

7. The App's question, and store ratings

Once you have used the App for a while it may ask, once, how it is working for you. Answering is optional, and your answer stays on your phone unless you send it to us in the mail described in section 6. If you tell us it is going well, your phone may show Apple's or Google's own rating prompt; what you give there goes to Apple or Google under their terms, not to the App, and we see only what they show every developer, such as the star totals and any review you write, which is public.

8. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable licence to install and use the App on devices you own or control, for your own non-commercial use, under these Terms and the terms of the store you got it from. You may not:

• copy, modify, translate or make derivative works of the App, or distribute, sell, rent or sublicense it;
• reverse engineer, decompile or disassemble the App, except to the extent the law where you live expressly allows it despite this term;
• remove or alter any copyright, trademark or other notice;
• use the App in a way that breaks the law, or that interferes with anyone else's use of it.

The App includes open-source software, which is licensed to you under its own licences; those licences apply to that software instead of this section.

9. Ownership

The App, its design, its name and logo, and its text are ours or our licensors', and are protected by copyright, trademark and other laws. These Terms give you the licence in section 8 and nothing more. Apple, the App Store, Google and Google Play are trademarks of their owners.

10. Changes to the App, and support

We may change, add or remove features, and we may stop distributing or supporting the App, at any time. We have no obligation to provide updates, maintenance or support; when we do, it is on the terms here. An update may need a newer version of iOS or Android than the one you have. Your data stays on your phone either way.

11. No warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and any warranty that the App will be error-free or uninterrupted, or that the trends, projections or BMI it shows are accurate, complete or suitable for any purpose. Some places do not allow some of these exclusions; where they do not, they apply only as far as the law allows.

12. Limitation of liability

To the fullest extent the law allows:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, lost profits or lost goodwill, arising from the App or these Terms, however caused;
• our total liability for all claims relating to the App will not exceed the greater of the amount you paid us for the App in the twelve months before the claim (for a free app, nothing) and ten US dollars ($10).

Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or your statutory rights as a consumer.

13. Indemnity

To the extent the law where you live allows, you agree to defend us and hold us harmless from claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms or your misuse of the App. In the European Economic Area, the United Kingdom and Switzerland, this section applies only as far as consumer-protection law permits.

14. Disputes

Please read this section carefully; it affects your rights.

If you live outside the European Economic Area, the United Kingdom and Switzerland: any dispute arising from these Terms or the App will be resolved by binding individual arbitration administered by JAMS under its rules, in California, United States, rather than in court, except that either of us may bring a qualifying claim in small-claims court. You and we both waive any right to a class or representative action and to a jury trial. Each side bears its own costs unless the arbitrator decides otherwise. You may opt out of arbitration by emailing sendfeedbackus@gmail.com within 30 days of first using the App; if you do, disputes go to the courts named in section 15.

If you live in the European Economic Area, the United Kingdom or Switzerland: the arbitration terms above do not apply to you. You keep the right to bring a dispute before the courts of the country where you live, and nothing in these Terms limits the rights you have under its consumer-protection law.

15. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. Where arbitration does not apply, you agree to the exclusive jurisdiction of the state and federal courts in California, except that if you live in the European Economic Area, the United Kingdom or Switzerland, you may bring proceedings in the courts of the country where you live, and that country's mandatory consumer-protection law still protects you.

16. Apple and Google

You also agree to the terms of the store you got the App from: Apple's Licensed Application End User License Agreement for the App Store, and Google Play's Terms of Service. Apple Inc. and Google LLC and their subsidiaries are third-party beneficiaries of these Terms for the copy of the App distributed through their stores, and may enforce them against you. Apple and Google are not responsible for the App, for maintaining or supporting it, or for any claim about it. You represent that you are not in a country under a United States government embargo or designated as supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties.

17. Ending the agreement

You may stop using the App at any time by uninstalling it; that deletes everything it stored. We may end your licence if you break these Terms. Sections 4 and 9 to 17 survive the end of the agreement.

18. About these Terms

• If part of these Terms is unenforceable, the rest still applies.
• These Terms and the Privacy Policy are the whole agreement between you and us about the App.
• Our not enforcing a term is not a waiver of it.
• These Terms are written in English; the Turkish version is a translation for convenience, and if the two differ, the English version controls.

19. Changes to these Terms

If these Terms change, the new version will be posted here with a new effective date, and a change that matters will be noted in the App's release notes. Using the App after the new date means you accept the new Terms; if you do not, stop using the App and uninstall it.

20. Contact

If you have questions about these Terms, contact us: sendfeedbackus@gmail.com