This User Agreement ("Agreement") is a binding agreement between you ("you" or "the user") and Zhi Feng Huang ("we," "us," or "the Developer"), the developer of the DiaLog mobile application ("DiaLog" or "the App").
Please read this Agreement carefully. By tapping "I Agree" (or any equivalent control) and by using DiaLog, you confirm that you have read, understood, and accepted this Agreement in full. If you do not agree, do not tap "I Agree" and do not use the App.
1. Acceptance of Terms
You accept this Agreement by indicating your acceptance within the App (for example, by tapping "I Agree") before using DiaLog. Your acceptance applies to this Agreement and to the separate Privacy Policy, which is incorporated by reference. You must accept both before you can use the App. Your license to download and use DiaLog is granted under Apple's standard Licensed Application End User License Agreement ("Apple's Standard EULA"); the terms below are additional terms that supplement, and do not replace, Apple's Standard EULA, as described in Section 17. If you are using DiaLog on behalf of another person, you represent that you are authorized to accept this Agreement for that person.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction if greater, to accept this Agreement on your own behalf. If you are under that age, you may use DiaLog only with the involvement and consent of a parent or legal guardian who accepts this Agreement for you and is responsible for your use of the App. By accepting this Agreement, you represent that you meet these requirements, or that you are a parent or legal guardian accepting on behalf of a person who does. The Developer may decline to provide, or may discontinue, the App to anyone who does not meet these requirements.
3. License and Intellectual Property
Your license to download and use DiaLog is granted under Apple's Standard EULA (see Section 17), which limits use to Apple-branded products you own or control and to personal, non-commercial use under Apple's usage rules. This Agreement does not grant you any separate license to the App.
DiaLog and all of its content, design, and software, and all intellectual property rights in them, are owned by the Developer or its licensors and are protected by applicable law. The Developer reserves all rights not expressly granted under Apple's Standard EULA.
In addition to the restrictions in Apple's Standard EULA, you agree that you will not, and will not permit any third party to: (a) copy, modify, or create derivative works of the App; (b) distribute, transfer, sublicense, lease, lend, rent, or otherwise make the App available to any third party; (c) reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law; (d) remove, alter, or obscure any proprietary notices in the App; or (e) use the App for any unlawful purpose.
4. The App Is Not a Medical Device
DiaLog is a personal record-keeping and logging tool intended only to help you record and review information about your own treatment sessions. DiaLog is not a medical device, is not intended to diagnose, treat, cure, monitor, mitigate, or prevent any disease or medical condition, and is not intended to be relied upon for any medical or clinical purpose. The App does not measure, validate, or verify health data. Some screens and PDF reports may display simple calculations or summaries based on information you enter, such as totals, averages, trends, or net ultrafiltration estimates. Those calculations are for personal record review only and may be incomplete or incorrect if your entries are incomplete or incorrect.
For general educational background on peritoneal dialysis exchanges and how automated cyclers may compare fluid put in with fluid drained out, see the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), "Peritoneal Dialysis": https://www.niddk.nih.gov/health-information/kidney-disease/kidney-failure/peritoneal-dialysis. This external source is informational only and does not make DiaLog a medical device, clinical decision tool, or substitute for your healthcare provider.
5. No Medical Advice
DiaLog does not provide medical advice, clinical guidance, diagnoses, treatment recommendations, dosing instructions, or any other professional advice of any kind. Nothing in the App constitutes, or should be interpreted as, medical advice. Always seek the advice of your physician, dialysis care team, or other qualified healthcare provider with any questions about your treatment, and never disregard or delay seeking professional medical advice because of anything you have recorded in, read in, or relied on from the App.
6. No Professional Relationship
Your use of DiaLog does not create any doctor-patient, provider-patient, or other professional relationship between you and the Developer. The Developer is not your healthcare provider and does not review, monitor, receive, or act on any information you enter into the App.
7. Your Responsibility for Data and Decisions
You are solely responsible for the accuracy, completeness, and currency of all information you enter into DiaLog, and for any decisions or actions you take based on information stored in or displayed by the App. The App may contain errors, may display data incorrectly, or may not function as expected. You should independently verify any information that matters for your health and confirm it with your healthcare provider. You assume all responsibility and risk for your use of the App and the information it contains.
8. Local-Only Data; User-Controlled Backup; No Server, Sync, or Recovery Service
DiaLog stores your information locally on your device only. The Developer does not host, transmit, receive, or have access to your data, and provides no servers, synchronization, cloud storage, or recovery service of any kind.
DiaLog excludes its live database and locally stored treatment photos from automatic device backups. An Apple device backup may therefore not restore your DiaLog records after you delete the App or replace, lose, reset, or damage your device.
DiaLog provides a backup feature that you control: you may export your data to a password-protected, encrypted backup file and save it to a location you choose, and you may later import it to restore your data. The Developer does not receive, store, or have access to your backup files or your backup password, and cannot recover, decrypt, or restore a backup for you. If you lose or forget your backup password, the backup cannot be recovered.
You are solely responsible for safeguarding your device, your data, and any backup files and passwords you create. If your device is lost, stolen, damaged, reset, or replaced, or if the App is uninstalled or updated, your data may be permanently lost, and the Developer has no ability to recover it and accepts no responsibility for any such loss.
9. Reminders Are Not Reliable; Not for Emergencies
DiaLog can schedule optional local reminders and notifications (for example, for treatments, medications, appointments, or supplies). These are provided only as a convenience and may be delayed, missed, silenced, or not delivered at all, including because of your device settings, permissions, power state, or other conditions outside the Developer's control. You must not rely on DiaLog's reminders or notifications for any purpose affecting your health or safety, and you remain solely responsible for following your own treatment schedule and your healthcare provider's instructions.
DiaLog is not designed or intended for use in any emergency. The App does not contact emergency services, your care team, or any other person. If you are experiencing a medical emergency, call your local emergency number or seek immediate medical attention.
10. "As Is" and "As Available"; No Warranties
DiaLog is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, the Developer disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, and any warranty that the App will be uninterrupted, error-free, secure, or that defects will be corrected. The Developer does not warrant that the App is suitable for any clinical, medical, or health-related purpose.
11. Assumption of Risk
You acknowledge that you use DiaLog entirely at your own risk and that you assume full responsibility for all risks associated with that use, including any risk arising from reliance on information stored in or displayed by the App, from inaccurate or lost data, or from the App failing to function as expected.
12. Limitation of Liability
To the fullest extent permitted by applicable law, the Developer shall not be liable for any loss, harm, injury, or damages of any kind — including direct, indirect, incidental, special, consequential, exemplary, or punitive damages, and including any personal injury, health consequence, loss of data, loss of profits, or loss of goodwill — arising out of or in any way related to your use of, inability to use, or reliance on DiaLog, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Developer has been advised of the possibility of such damages. This limitation applies to the maximum extent permitted by law even if any remedy fails of its essential purpose. To the extent any liability cannot be excluded by law, the Developer's total aggregate liability shall not exceed the greater of the amount you paid for the App (which may be zero) or the minimum amount permitted by applicable law.
Nothing in this Agreement excludes or limits, or is intended to exclude or cap, liability for gross negligence, willful or intentional misconduct, fraud, or personal injury or death to the extent that such liability cannot lawfully be excluded, limited, or capped.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Developer from third-party claims, liabilities, damages, losses, and reasonable legal expenses arising directly from your material breach of this Agreement, your intentional misuse of DiaLog, or your violation of applicable law. This section does not require you to indemnify the Developer for the Developer's own negligence, misconduct, or breach of this Agreement.
14. Privacy
Your use of DiaLog is also governed by the Privacy Policy, which describes how the App handles your information. By accepting this Agreement, you also acknowledge the Privacy Policy.
15. Changes to This Agreement
The Developer may update this Agreement from time to time. The current version will be available at https://zhifeng-huang.github.io/dialog-website/terms.html and within the App. If material changes are made, you may be asked to review and accept the updated Agreement before continuing to use the App. Your continued use of DiaLog after an update takes effect constitutes acceptance of the revised Agreement.
16. Governing Law
This Agreement is governed by the laws of the State of California, U.S., without regard to its conflict-of-laws principles. However, this choice of law does not deprive you of any mandatory consumer-protection rights provided by the laws of your place of residence.
Subject to those mandatory rights, any dispute arising out of or relating to this Agreement or the App will be subject to the exclusive jurisdiction of the courts located in California, U.S. If applicable law gives you a non-waivable right to bring a claim in another court or forum, nothing in this Agreement limits that right.
17. Apple's Standard EULA and Apple's Role
Your license to use DiaLog is granted under Apple's standard Licensed Application End User License Agreement ("Apple's Standard EULA"), which applies because the Developer has not provided a separate custom end-user license agreement. This Agreement provides additional terms — including the medical disclaimers, the data and backup terms, the assumption of risk, and the limitation of liability set out above — that supplement, and do not replace, Apple's Standard EULA. If there is a direct conflict between this Agreement and Apple's Standard EULA regarding the license to use the App, Apple's Standard EULA governs that licensing matter; in all other respects, this Agreement applies.
This Agreement is between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for DiaLog, its content, and any maintenance or support for it. Apple's own responsibilities, warranty position, and disclaimers are set out in Apple's Standard EULA. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
18. Termination
This Agreement and the license granted to you under it remain in effect until terminated. The license terminates automatically, without notice, if you fail to comply with any term of this Agreement, and you may terminate it at any time by deleting DiaLog from your devices.
Upon termination, you must stop using DiaLog and delete all copies of it from your devices. Because your data is stored only on your device, you are responsible for exporting any backup you wish to keep before deleting the App; the Developer cannot recover your data after deletion. Provisions of this Agreement that by their nature should survive termination — including those on intellectual property, disclaimers of warranty, assumption of risk, limitation of liability, indemnification, and governing law — will continue to apply after termination.
19. Non-Waivable Rights; Severability and Waiver
Nothing in this Agreement excludes, restricts, or limits any right or remedy that cannot lawfully be excluded, restricted, or limited under applicable law, including any non-waivable consumer protections that apply in your place of residence.
If any provision of this Agreement is found to be invalid or unenforceable, it will be interpreted or reformed to the minimum extent necessary to make it valid and enforceable while preserving its original purpose. If that is not possible, the provision will be severed only to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The Developer's failure to enforce any provision is not a waiver of that provision.
20. Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Developer regarding DiaLog and supersedes any prior agreements or understandings.
21. Contact
Questions about this Agreement may be sent to infinity.tech.support@gmail.com.
By tapping "I Agree," you confirm that you have read and understood this Agreement and the Privacy Policy and that you accept both.