Terms of Use

1. Agreement

These Terms of Use ("Terms") govern your use of the DiaFitus iPhone and Apple Watch app (the "App"), the website diafitus.com and related services (together, the "Service"), provided by DiaFitus ("we", "us"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who may use DiaFitus

You must be at least 18 years old (or the age of majority where you live) and able to enter a binding agreement. The Service is not intended for children. If you manage diabetes for a younger person, use the App only together with their care team.

3. Your account

You sign in with Apple. You are responsible for your device, your Apple ID and activity under your account. Keep your information accurate, particularly your diabetes type, medication and health conditions, because plans and safety checks depend on it. You can delete your account at any time in Settings → Coach account → Delete account.

4. Not medical advice; your responsibility

• Content in the Service, including exercises, programs, recipes, articles, tips, glucose charts, estimated A1C (GMI), alerts, AI nutrition estimates and coach messages, is for general information and motivation only.
• Exercise with diabetes carries risks, including low or high blood glucose, injury and, in rare cases, serious harm. You exercise at your own risk and should follow your care team's guidance on glucose targets, medication adjustment and safe activity.
• Glucose, safety checks and alerts in DiaFitus may be delayed, incomplete or wrong (for example because of sensor lag, connection loss, background-refresh limits on iOS or third-party service changes). Do not rely on DiaFitus as your only alarm or monitoring tool. Keep your CGM or meter's own alarms switched on.
• AI-generated nutrition estimates can be inaccurate. Verify values before using them to calculate insulin.
• Stop exercising and seek medical help if you feel unwell, dizzy, have chest pain, or suspect a severe low or high.

5. Your content

You keep ownership of the information, logs, notes and photos you add ("Your Content"). You give us a limited, worldwide, non-exclusive licence to host, process, back up and display Your Content solely to operate the Service for you, including sending it to the providers described in our Privacy Policy. You confirm you have the right to provide it. We do not use Your Content for advertising.

6. Acceptable use

You agree not to: misuse the Service or interfere with its operation or security; attempt to access other users' data; reverse engineer the App except where the law allows; scrape or copy content at scale; upload unlawful, harmful or infringing material; use the Service to provide medical advice to others; or use it in violation of any law.

7. Third-party services

The Service can connect to Apple Health, Apple Watch, Strava, FreeStyle Libre (via LibreLinkUp) and Dexcom (via Dexcom Share). These are provided by other companies under their own terms and privacy policies, and DiaFitus is not affiliated with, endorsed by or sponsored by them. You must have the right to use your own accounts with them. Some connections rely on services these companies may change or withdraw at any time, so features may stop working without notice. Our AI meal analysis uses Google's Gemini API.

8. Coaching content and messages

If you sign in, we may send you coach messages, personal programs, check-in forms and notifications you have allowed. These are general guidance, not a doctor-patient or other professional relationship. You can turn off notifications in iOS Settings.

9. Intellectual property

The App, its design, logo, text, exercise and recipe content, illustrations and software are owned by us or our licensors and protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, according to these Terms and the Apple Media Services Terms and Usage Rules. All rights not expressly granted are reserved.

10. Changes, availability and termination

We may update, suspend or discontinue features at any time, and we aim to give notice of material changes. We may suspend or end your access if you breach these Terms or misuse the Service. You may stop using the Service and delete your account at any time. If we ever introduce paid features, we will describe the price and billing terms before you buy, and Apple's purchase terms will apply to purchases made through the App Store.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or that data from third-party devices or services will be accurate or timely.

12. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill, and we are not liable for any injury or health outcome arising from your use of the Service or reliance on its content, except where such liability cannot be excluded by law (for example death or personal injury caused by our negligence, fraud, or mandatory consumer rights). Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us for the Service in the previous 12 months or EUR 100. Nothing in these Terms limits your statutory rights as a consumer.

13. Indemnity

Where the law allows, you agree to indemnify us against claims arising from your breach of these Terms or misuse of the Service. This does not apply to consumers where prohibited by law.

14. Governing law and disputes

These Terms are governed by the laws of the country in which DiaFitus's operator is established, excluding conflict-of-law rules. Courts there have jurisdiction, but if you are a consumer you keep the protection of the mandatory laws and the right to bring proceedings in the courts of your country of residence. Please contact us first at support@diafitus.com so we can try to resolve the issue.

15. Terms required by Apple (iOS app)

1. Acknowledgement. These Terms are between you and DiaFitus only, not Apple. We, not Apple, are responsible for the App and its content.
2. Scope of licence. The licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
3. Maintenance and support. We are solely responsible for support and maintenance. Apple has no obligation to provide any. Contact support@diafitus.com.
4. Warranty. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Other claims, losses and costs relating to non-conformity are our responsibility.
5. Product claims. We, not Apple, are responsible for addressing claims relating to the App or your possession or use of it, including product liability, legal or regulatory requirements, and consumer protection or privacy claims.
6. Intellectual property. If a third party claims the App infringes its intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of the claim.
7. Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims: support@diafitus.com.
9. Third-party terms. You must comply with applicable third-party terms (such as your wireless data service agreement) when using the App.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

16. Changes to these Terms

We may revise these Terms. We will post the updated version here and, for material changes, notify you in the App. Continued use after the effective date means you accept the changes.

17. Contact

DiaFitus · support@diafitus.com