zDiary Terms of Use

zDiary Terms of Use

Effective date: October 8, 2026
App: zDiary for iPhone, with an Apple Watch companion
Developer: Corey J. Mahler

These Terms of Use (“Terms”) govern your use of zDiary, an iPhone diary app with an Apple Watch companion. zDiary is provided by Corey J. Mahler (“we,” “us,” or “our”). Please read these Terms together with the zDiary Privacy Policy, which explains how the app handles your information.

Summary

  • You own your diary. Your location history and journal entries stay on your device unless you export them or, once it is available, turn on zSync, an end-to-end encrypted backup.
  • zDiary is an auto-renewing subscription sold through Apple. It is free through the open beta.
  • zSync, an optional paid add-on, will become available in a later version. It is not part of the zDiary subscription.
  • Apple handles billing, cancellation, and refunds.
  • The app is provided as is. Keep your device secure and keep your own backups.
  • Disputes are resolved by individual arbitration, unless you opt out by mail within 30 days.

This summary is for convenience. The full Terms below control.

Acceptance of These Terms

By downloading, installing, or using zDiary, you agree to these Terms. If you do not agree, do not use the app.

Children

zDiary is not directed at children under 13. Do not use the app to submit children’s data if you are not permitted to do so.

Apple’s Standard EULA

zDiary is licensed to you under Apple’s Licensed Application End User License Agreement (the “Standard EULA”), which is incorporated into these Terms by reference. These Terms add to the Standard EULA. These Terms are between you and us, not Apple.

License and Acceptable Use

Subject to these Terms and the Standard EULA, we grant you a limited, nonexclusive, nontransferable, revocable license to use zDiary on Apple devices that you own or control. You agree not to:

  • Copy, modify, reverse-engineer, decompile, or create derivative works of the app, except where applicable law expressly permits it.
  • Sell, rent, sublicense, or redistribute the app.
  • Use the app to break the law or to violate the rights of others, including by recording another person’s location without that person’s consent.
  • Interfere with the app or zSync, or try to gain unauthorized access to either.

Your Content

  • You own your entries. The journal entries, location history, and other content you create in zDiary (“Your Content”) belong to you. We claim no ownership of Your Content.
  • Limited permission for zSync. If you turn on zSync, you permit us to store and transmit the encrypted backup of Your Content solely to provide zSync to you.
  • Your responsibility: You are responsible for Your Content and for any files you export or share. Exports leave the app under your control.

Device Security and Backups

zDiary keeps your location history and journal entries on your device. Unless you export them or turn on zSync, we never receive them, so we cannot recover them if your device is lost, damaged, reset, or replaced, or if you delete the app. A device backup that you control, such as iCloud Backup or a computer backup, may be able to restore them, but we cannot promise that it will.

  • You are responsible for securing your device, for example with a passcode.
  • You are responsible for keeping any backups or exports you want to keep.
  • zSync is an optional, end-to-end encrypted backup that will become available in a later version.

Subscriptions

zDiary is sold as an auto-renewing subscription through Apple. It is free through the open beta. After the open beta, the subscription costs $1.99 for the first year and $4.99 per year after that.

  • Payment is charged to your Apple Account at confirmation of purchase.
  • Your subscription renews automatically unless you cancel it at least 24 hours before the end of the current period.
  • You can manage or cancel your subscription in your Apple Account settings.

zSync is a separate, optional paid add-on that will become available in a later version. It is not included in the zDiary subscription described above. Any zSync subscription will be billed by Apple under the same auto-renewal terms.

Apple handles all billing, cancellation, and refunds. Please send refund requests to Apple.

Third-Party Services

zDiary is distributed through Apple’s App Store, and Apple processes subscription purchases. Your use of Apple’s services is governed by Apple’s own terms and privacy policy. We are not responsible for third-party services that we do not control.

Disclaimers

zDiary is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent the law allows. We do not promise that the app will be uninterrupted or error-free, that information shown in the app (including location data) will be accurate, or that Your Content will never be lost. During the open beta, the app may contain errors and may change without notice.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of Liability

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of, or inability to use, zDiary. Our total liability for all claims related to zDiary will not exceed fifty U.S. dollars ($50).

Some jurisdictions do not allow these limitations, so some of them may not apply to you.

Termination

These Terms remain in effect until you or we end them. You may stop using zDiary at any time by deleting the app; to stop future charges, also cancel your subscription in your Apple Account settings. Your rights under these Terms end automatically if you fail to comply with them, and we may suspend or end your access to zSync if you violate these Terms. The sections on Your Content, disclaimers, limitation of liability, governing law, arbitration, and severability survive termination.

Changes to These Terms

We may update these Terms as the product changes. The effective date at the top will change when we do, and updated Terms will be posted at this URL. If you keep using zDiary after an update takes effect, you accept the updated Terms.

Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules. This does not take away any protection you have under the consumer protection laws of the place where you live. Disputes are resolved as described in the Arbitration section below.

Arbitration

Please read this section carefully. It affects how disputes between you and us are resolved.

  • Individual arbitration: Except as described below, you and we agree to resolve any dispute or claim arising from or relating to these Terms or zDiary through binding arbitration on an individual basis. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. There is no judge or jury in arbitration.
  • Class-action waiver: You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not combine more than one person’s claims.
  • Small claims court: Either you or we may instead bring an individual claim in small claims court if the claim qualifies and remains there.
  • Seat and hearings: The seat of arbitration is Tennessee. Any hearing may be held by phone or video, or in person at a location determined under the AAA Consumer Arbitration Rules.
  • Fees: Filing, administration, and arbitrator fees are governed by the AAA Consumer Arbitration Rules.
  • Opting out: You may opt out of this Arbitration section by mailing a written notice to Corey J. Mahler, PO Box 296, Townsend, TN 37882, postmarked within 30 days after you first accept these Terms. Include your name, your mailing address, and a clear statement that you want to opt out of arbitration. Opting out does not affect the rest of these Terms.
  • Law for this section: The Federal Arbitration Act governs this Arbitration section. The Governing Law section applies to everything else.

Severability

If any provision of these Terms is found unenforceable, that provision will be enforced to the fullest extent permitted, and the rest of these Terms will remain in effect. If the class-action waiver in the Arbitration section is found unenforceable for any claim, that claim will proceed in court rather than in arbitration, and the rest of the Arbitration section will continue to apply to all other claims.

Contact

Questions about these Terms can be sent by mail:

Corey J. Mahler
PO Box 296
Townsend, TN 37882