Terms of use

1. About these terms

These terms are an agreement between you and Fantastic Online Stores Pty Ltd (ABN 39 655 964 784), the Australian company that publishes DinFit. They apply to the DinFit app for iPhone, to dinfit.app, and to DinFit's email services when they open.

By using DinFit you accept these terms. If you do not accept them, please do not use DinFit.

2. What DinFit is

DinFit is a daily check-in across four parts of your day: training, nutrition, sleep, and prayer or recharge. You mark what you did, and a garden grows as you stay consistent. It is a check-in between you and your own intentions, not a measurement.

The website offers information about DinFit and these pages. The email services described in the privacy policy are not open yet; these terms will apply to them when they are.

We may change, add or remove features. If we ever stop offering the app, we will tell you in advance, and you will be able to export your data first.

3. Not medical or religious advice

DinFit is a wellness app. It is not a medical device, and nothing in the app, on this website or in our emails is medical advice or a substitute for a doctor. Targets are estimates calculated from what you enter. If you are pregnant, injured or living with a health condition, speak to a qualified professional before changing how you eat or train.

Prayer times are calculated from the place and the method you choose, and can differ from your local mosque's timetable. Religious content in DinFit is checked against published references, but it is not a religious ruling; for a ruling, ask a qualified scholar.

4. Who can use DinFit

You must be at least 16 years old, and able to agree to these terms, to use DinFit. If you are under 18, you confirm that a parent or guardian agrees to you using it.

5. Your account

The app creates an account for you when you first open it. You can link Sign in with Apple or Google to keep your garden when you change phones; without that, your account cannot be recovered on another phone.

Keep your phone and your Apple or Google account secure, and tell us at hello@dinfit.app if you think someone else has used your DinFit account. You can delete your account at any time, in Settings, then Privacy and data.

6. Using DinFit fairly

When you use DinFit, please do not:

• break the law, or anyone else's rights, through DinFit;
• copy, modify, reverse engineer or resell the app, except as the law allows;
• disrupt or overload DinFit or the services it runs on, or try to get around its security or its subscription;
• use bots or automated tools against the app, the website or our email services;
• send abusive, unlawful or misleading content through feedback or email, or pretend to be someone else.

We may suspend access for someone who seriously or repeatedly breaks these rules.

7. Subscriptions and payment

Some of DinFit needs a subscription. The price, the billing period and any free trial are shown in the app, in your local currency, before you subscribe.

• Apple processes the payment and charges your Apple Account when you confirm the purchase or, if you started a free trial, when the trial ends.
• A subscription renews automatically for the same period unless you cancel it at least 24 hours before the current period ends.
• To cancel, open the Settings app on your iPhone, tap your name, then Subscriptions, then DinFit, then Cancel Subscription. In DinFit you can also go to Settings, then Subscription, then Manage subscription. You keep access until the end of the period you have paid for.
• Deleting your DinFit account does not cancel a subscription.
• On a new phone, Restore purchases on the subscription screen reconnects a subscription bought with the same Apple Account.
• Refunds are handled by Apple under its policies. You can ask for one at reportaproblem.apple.com.
• If we change a price, the new price applies to you only in line with the App Store's rules, and you can cancel before it does.

Adding new check-ins needs an active subscription. Without one, your garden, your history and your data export stay open to you.

8. The App Store

If you downloaded DinFit from the App Store, Apple's Licensed Application End User License Agreement also applies. Apple is not responsible for DinFit or for supporting it; that is our job, so please write to us.

9. Cancelling within 14 days in the EU and the UK

If you are a consumer in the European Union or the United Kingdom, you can withdraw from a subscription within 14 days of buying it, without giving a reason. If you asked for the subscription to start straight away, the law may reduce a refund for the time you have already used.

Because Apple takes the payment, a refund is issued by Apple: request it at reportaproblem.apple.com. You can also tell us, for example with the form at the end of these terms, and we will help you make the request.

10. Our content, and content we use under licence

The DinFit app, its garden and illustrations, its text, design, name and logo belong to us or to those who license them to us. We give you a personal, non-exclusive, non-transferable licence to use the app while you keep to these terms.

Some content is used under open licences, including a Qur'an translation and its Arabic text, some icons and a list of place names. Each is credited, with its licence, on the About and legal screen in the app.

If you send us feedback or an idea, we may use it to improve DinFit without owing you anything for it.

11. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service fixed in a reasonable time.

Nothing in these terms, including the two sections that follow, excludes, restricts or modifies a right you have under the Australian Consumer Law or any other consumer law that cannot be excluded.

12. What we cannot promise

To the extent the law allows, DinFit is provided as it is and as available. We do not promise that it will always be available or free of errors, that targets or prayer times will be exact, or that it will meet every need you have. This does not limit the consumer guarantees above, your conformity rights under EU law, or your rights under the UK Consumer Rights Act 2015.

13. Limits on our liability

To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profits, data or goodwill, arising from DinFit. Our total liability for all claims is limited to the greater of what you paid for DinFit in the 12 months before the claim and 50 US dollars.

These limits do not apply to death or personal injury caused by our negligence, to fraud, gross negligence or wilful misconduct, or to any liability that the law, including the Australian Consumer Law, does not allow us to limit.

14. If you misuse DinFit

If you break these terms or the law through DinFit and a claim is made against us because of it, you agree to cover our reasonable losses and costs, to the extent the law allows. This does not apply to loss we caused, or where consumer law does not allow it.

15. Ending your use of DinFit

You can stop using DinFit and delete your account at any time. We may suspend or end an account for a serious breach of these terms, or where the law requires it; otherwise we will give at least 14 days' notice. Any refund is handled by Apple.

16. Disputes

If something goes wrong, please write to us first and give us 30 days to put it right.

If you live in the United States and we cannot resolve a dispute that way, it will be settled by binding individual arbitration rather than in court, except for claims that qualify for a small claims court. You can opt out of arbitration by writing to us within 30 days of first accepting these terms. Disputes are brought individually, not as part of a class or representative action.

If you live in the European Union, the United Kingdom or Australia, the paragraph above does not apply to you: you can bring proceedings in the courts where you live, and take part in collective actions your law allows.

17. Governing law

These terms are governed by the laws of Victoria, Australia, and disputes not settled by arbitration are heard by its courts. If mandatory consumer laws where you live give you more protection, those laws also apply.

18. Changes to these terms

We may update these terms, and we change the date at the top when we do. For a change that matters, such as to prices, core features or how disputes are handled, we will tell you in the app or by email where we can, at least 30 days before it applies. If you do not agree, you can stop using DinFit and cancel your subscription before then.

19. Accessibility

We aim to meet the Web Content Accessibility Guidelines 2.1 at level AA. If something in DinFit is hard to use, write to hello@dinfit.app with "Accessibility" in the subject line.

20. General

• These terms and the privacy policy are the whole agreement between you and us about DinFit.
• If a court finds part of these terms unenforceable, the rest still applies.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer these terms to someone else. We may transfer them to a business that takes over DinFit, and will tell you if we do.
• We are not responsible for delays or failures caused by events outside our reasonable control.

21. Contact

Fantastic Online Stores Pty Ltd, ABN 39 655 964 784, 16 Etheridge Ln, Craigieburn VIC 3064, Australia.

Email hello@dinfit.app.

22. Model withdrawal form (EU and UK)

Complete and send this form only if you want to withdraw from a subscription.

• To: Fantastic Online Stores Pty Ltd, 16 Etheridge Ln, Craigieburn VIC 3064, Australia, hello@dinfit.app
• I hereby give notice that I withdraw from my contract for the provision of the following service: a DinFit subscription.
• Ordered on:
• Name:
• Email address:
• Date:
• Signature (only if this form is sent on paper):