Terms of Use

Effective September 21, 2026 · Applies to the Water Tally app for iPhone and iPad, its widgets, and this website

Important

Water Tally is a simple tracking tool. It is not a medical device and does not provide medical advice. Please read the Medical Disclaimer, which is part of these Terms.

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Ryan Hamilton ("Developer", "I", "me") for your use of Water Tally (the "App"), its widgets, and this website. By downloading, opening, or using the App, or by tapping "I Understand and Agree", you accept these Terms, the Privacy Policy, and the Medical Disclaimer. If you do not agree, do not use the App.

2. Who may use the App

You must be at least 13 years old (or the minimum age of digital consent where you live, if higher). If you are under 18 (or the age of majority where you live), you may use the App only with the involvement and permission of a parent or guardian, who accepts these Terms on your behalf.

3. Not medical advice; your responsibility

The App only records and summarises information that you enter. It does not diagnose, treat, cure, or prevent any condition, and it does not create a doctor–patient or any other professional relationship. Goals, streaks, reminders, and messages are personal conveniences, not recommendations. How much fluid is appropriate for you depends on your health, medications, activity, environment, and other factors. You are solely responsible for your health decisions. Consult a qualified healthcare professional before relying on the App for anything health-related, and never ignore or delay professional advice because of something in the App. In an emergency, contact your local emergency services.

4. License

Subject to these Terms, I grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store usage rules. The App is licensed, not sold. All rights not expressly granted are reserved by me.

You agree not to: copy, modify, or create derivative works of the App; reverse engineer, decompile, or attempt to extract its source code, except to the extent applicable law allows despite this restriction; remove notices or branding; use the App unlawfully; or use the App or website in a way that interferes with anyone else's use of them.

5. Your data

Your entries stay on your device (see the Privacy Policy). You are responsible for the accuracy of what you enter and for keeping your own backups. The export feature lets you save a copy. The App has no cloud copy, so if your device is lost, reset, or the App is deleted, your data may be permanently lost, and I cannot recover it. Features such as Apple Health sync depend on services and permissions controlled by you and Apple.

6. Third-party services

The App can work with Apple Health, iOS notifications, widgets, and the App Store. Those are provided by Apple under Apple's own terms. I do not control them and am not responsible for their availability, accuracy, or behaviour. Links to other sites are provided for convenience only.

7. Accuracy, reminders, and availability

Amounts are entered by you, unit conversions are rounded, and totals, charts, streaks, and widgets may be delayed, incomplete, or wrong (for example because of software bugs, time-zone changes, or iOS limitations). Reminders and widgets depend on iOS and may be delayed or not delivered. Do not rely on the App for anything time-critical or safety-critical, including medication schedules or medically supervised fluid restrictions. I may change, suspend, or discontinue the App or any feature at any time.

8. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. I MAKE NO WARRANTY ABOUT ANY HEALTH OUTCOME OR ABOUT THE SUITABILITY OF THE APP FOR YOUR NEEDS.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RYAN HAMILTON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, OR ANY PERSONAL INJURY, ILLNESS, OR HEALTH CONSEQUENCE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, MY TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP AND WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) US$50.

Some jurisdictions do not allow certain exclusions or limitations, or give consumers rights that cannot be waived. In those places, these limits apply only to the extent the law allows, and nothing in these Terms limits liability that cannot lawfully be limited (for example, for fraud or, where the law requires, for death or personal injury caused by negligence).

10. Assumption of risk and release

You understand that fluid intake, exercise, and health choices carry personal risk, and that you make those choices yourself. To the fullest extent permitted by law, you release Ryan Hamilton from claims arising from your health decisions or from reliance on the App.

11. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Ryan Hamilton from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the App or your breach of these Terms. This section does not apply where the law does not allow it for consumers.

12. Apple-specific terms

If you obtained the App from the Apple App Store, you acknowledge and agree that:

these Terms are between you and me only, not with Apple Inc. ("Apple"); I, not Apple, am solely responsible for the App and its content;
Apple has no obligation to provide any maintenance or support services for the App;
if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the App, and as between Apple and me, I am responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty;
I, not Apple, am responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims;
if a third party claims the App infringes its intellectual property rights, I, not Apple, am solely responsible for the investigation, defense, settlement, and discharge of that claim;
you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties;
you must comply with any applicable third-party terms of agreement when using the App (for example, your wireless data service agreement); and
Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Questions, complaints, or claims about the App should be directed to me at watertally@googlegroups.com.

13. Ending your use

You may stop using the App at any time by deleting it. I may suspend or end your access if you breach these Terms. Sections that by their nature should survive (including 3, 8–11, and 14) will survive.

14. General

Governing law. These Terms are governed by the laws of the United States and of the state in which I reside, without regard to conflict-of-law rules. Subject to any mandatory consumer rights in your place of residence, the courts located where I reside have exclusive jurisdiction, and you consent to them. Before starting any claim, please contact me so we can try to resolve it informally.
Consumer rights. Nothing in these Terms removes mandatory rights you have as a consumer under the laws of your country.
Changes. I may update these Terms. For material changes I will update the effective date and may ask you to accept the new version in the App. Continuing to use the App after a change means you accept it.
Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
Entire agreement. These Terms, the Privacy Policy, and the Medical Disclaimer are the entire agreement about the App and replace earlier understandings. You may not assign these Terms; I may assign them in connection with a transfer of the App.
Electronic communications. You consent to receiving notices from me by posting them in the App or on this website.

15. Contact

Ryan Hamilton
watertally@googlegroups.com