Terms of Service

Last Updated: October 22, 2025
Effective Date: October 22, 2025

1. Acceptance of Terms

Welcome to Diverticulitis Tracker ("the Service," "we," "our," or "us"). By accessing or using this service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and [YOUR NAME/ORGANIZATION] ("Provider").

2. Description of Service

Diverticulitis Tracker is a web-based application that allows users to:

  • Track diverticulitis symptoms and health data
  • Log meals, bowel movements, medications, and activities
  • Analyze dietary patterns and potential triggers
  • Export health data for personal records or medical consultations
  • Optionally use AI-powered meal analysis

The Service is provided free of charge on an "as-is" basis.

⚕️ 3. Medical Disclaimer

THIS SERVICE IS NOT MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

  • Not Medical Advice: The Service, including all content, features, and AI analysis, is for informational and personal tracking purposes only. It does not constitute medical advice, diagnosis, or treatment.
  • Consult Your Doctor: Always seek the advice of your physician or other qualified health provider with any questions about a medical condition. Never disregard professional medical advice or delay seeking it because of something you read or learned from this Service.
  • Emergency Situations: If you think you may have a medical emergency, call your doctor or emergency services immediately. The Service is not designed for emergency use.
  • AI Limitations: AI-powered meal analysis is automated and may contain errors. Do not rely solely on AI ratings for medical or dietary decisions.
  • No Doctor-Patient Relationship: Use of this Service does not create a doctor-patient relationship between you and the Service provider.

4. User Responsibilities and Acceptable Use

4.1 Account Security

You are responsible for:

  • Keeping your User ID confidential and secure
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Not sharing your User ID with others

4.2 Prohibited Uses

You agree NOT to:

  • Use the Service for any illegal purpose
  • Violate any laws or regulations
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Service or other users' data
  • Interfere with or disrupt the Service's operation
  • Use automated scripts or bots (except your own API token for personal use)
  • Reverse engineer, decompile, or disassemble the Service
  • Remove or modify any copyright, trademark, or proprietary notices
  • Use the Service to harm, harass, or impersonate others
  • Submit false or misleading information

4.3 Data Accuracy

You are responsible for the accuracy of the data you enter. We are not responsible for any consequences resulting from inaccurate or incomplete data.

5. Intellectual Property Rights

5.1 Service Ownership

The Service, including its code, design, features, and documentation, is owned by [YOUR NAME/ORGANIZATION] and is protected by copyright, trademark, and other intellectual property laws.

5.2 Your Data Ownership

You retain full ownership of all data you submit to the Service.

  • Your health data belongs to you
  • You can export your data at any time
  • You can delete your data at any time
  • We do not claim ownership of your personal information

5.3 License to Use Your Data

By using the Service, you grant us a limited license to:

  • Store and process your data to provide the Service
  • Use aggregated, anonymized data to improve the Service
  • Send your meal descriptions to AI providers if you enable that feature

This license ends when you delete your data or account.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to our collection and use of your data as described in the Privacy Policy.

7. Service Availability and Modifications

7.1 No Guarantee of Availability

We strive to keep the Service available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Maintenance and updates
  • Technical issues or outages
  • Force majeure events
  • Security incidents

7.2 Right to Modify or Discontinue

We reserve the right to:

  • Modify, suspend, or discontinue any feature or the entire Service
  • Change these Terms at any time (with notice)
  • Refuse service to anyone for any lawful reason

If we discontinue the Service permanently, we will provide at least 30 days' notice and an opportunity to export your data.

8. User Accounts and Termination

8.1 Account Creation

To use the Service, you must create an account by generating a User ID. By creating an account, you represent that:

  • You are at least 16 years of age
  • All information you provide is accurate
  • You will comply with these Terms

8.2 Termination by You

You may delete your account at any time through the Settings page. Upon deletion:

  • All your data will be permanently deleted within 30 days
  • Backups will be purged within 90 days
  • This action is irreversible

8.3 Termination by Us

We reserve the right to suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activities
  • Your account has been inactive for more than 2 years (with prior notice)
  • We are required to do so by law

We will provide notice and an opportunity to export your data unless legally prohibited.

9. Disclaimers and Limitations of Liability

9.1 "As-Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any content or AI analysis
  • Warranties that defects will be corrected

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use the Service
  • Unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Service
  • Health outcomes or medical decisions based on the Service
  • Errors or inaccuracies in AI-generated content

Maximum Liability: In no event shall our total liability exceed the amount you paid to use the Service in the 12 months preceding the claim (which is $0 for a free service).

9.3 Medical Outcome Disclaimer

We are not liable for any health outcomes, medical complications, or decisions you make based on data tracked or analysis provided by the Service. Always consult qualified medical professionals.

10. Indemnification

You agree to indemnify, defend, and hold harmless [YOUR NAME/ORGANIZATION], its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any data or content you submit to the Service
  • Medical decisions you make based on the Service

11. Third-Party Services and Links

The Service may integrate with or link to third-party services, including:

  • Google Gemini AI: For optional meal analysis
  • Analytics providers: If enabled by administrator
  • CDN services: For faster content delivery

We are not responsible for the content, privacy practices, or terms of service of third-party services. Your use of third-party services is at your own risk and subject to their terms.

12. Changes to Terms of Service

We may update these Terms from time to time. Changes will be effective when posted, with an updated "Last Updated" date. For material changes, we will:

  • Provide at least 30 days' notice
  • Display a prominent notice on the website
  • Show a notification in your dashboard

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service and may delete your account.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [YOUR COUNTRY/STATE], without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of [YOUR JURISDICTION].

For EU Users: Nothing in these Terms affects your statutory rights as a consumer under EU law.

14. Dispute Resolution

Before filing a lawsuit, you agree to first attempt to resolve any dispute informally by contacting us at [YOUR EMAIL]. We will attempt to resolve the dispute within 30 days.

If informal resolution fails, either party may pursue legal remedies in accordance with Section 13 (Governing Law).

15. Severability and Waiver

15.1 Severability

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

15.2 Waiver

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

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms, please contact:

Service Provider: [YOUR NAME/ORGANIZATION]

Email: [YOUR EMAIL]

Address: [YOUR ADDRESS]

📋 Acknowledgment

BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You understand this is not medical advice
  • You are at least 16 years of age
  • You will use the Service responsibly and lawfully