Terms of use

1. This agreement

Site Diary is made by Kindly Made, a small independent app maker based in South Africa (“we”, “us”). By installing or using Site Diary you agree to these terms, to Google Play’s own terms of service, and to our privacy policy, which explains how information is handled.

We give you a personal, non-exclusive licence to use Site Diary on Android devices you own or control, for your own work and your business. Site Diary is built with open-source software, which comes under its own licences, listed in the app at Settings › About › Open-source licences.

Nothing in these terms takes away rights you have under consumer law where you live, such as South Africa’s Consumer Protection Act, or consumer law in the UK, the European Union or Australia. Where these terms and that law disagree, the law wins.

2. The free start

• Every feature of Site Diary is free for 2 months (60 days). The 2 months start when you make your first diary day, not when you install the app. PDFs made during the free start carry a small “Made with Site Diary” footer, which Premium removes.
• You don’t need a card or an account, and there is nothing to cancel: when the free start ends, no payment is taken. Premium only starts if you choose to buy it.
• The app shows how many free days are left, and tells you a week before the end.
• The free start is not a Google Play free trial. Google Play subscriptions for Site Diary have no separate trial period, and start to charge when you subscribe. If you subscribe during the free start, your plan starts and is charged that day, and the free days you have left are not added on.

3. Premium subscriptions

• What it adds: unlimited new diary days, variations and jobs after the free start; your logo on PDFs with no “Made with Site Diary” footer; date-range reports and the variation register.
• Plans and prices: Premium is a monthly or a yearly subscription. Google Play shows the price in your currency, with any tax, before you pay.
• Payment: Google Play takes the payment and runs the subscription under the Google Play Terms of Service. We never see your card details.
• Renewal: a subscription renews automatically at the end of each month or year, and Google Play charges you for the next period, until you cancel.
• Cancelling: cancel any time in the Play Store: tap your profile picture, then Payments and subscriptions › Subscriptions › Site Diary › Cancel subscription, or go to play.google.com/store/account/subscriptions. Premium carries on until the end of the period you have already paid for, and then stops. Uninstalling the app does not cancel a subscription.
• Refunds: refunds are handled by Google Play under its refund policy. If Google can’t help, write to us and we will look at your request fairly. This doesn’t affect any right to a refund that consumer law gives you.
• Price changes: if we change the price, Google Play tells you before it applies to you, as its rules require, and you can cancel before then.
• A new phone: Premium belongs to the Google account you bought it with. On a new phone, sign in to the Play Store with that account and use Restore purchases in the app.

4. What always stays free

Your records are yours. Whether or not you buy Premium, and after a subscription ends, you can always read every record you have made, edit drafts, sign and add amendments, make PDFs of your existing records, and export and import backups. Without Premium, after the free start you can’t start new diary days, variations or jobs, and date-range reports and the variation register need Premium. PDFs made without Premium, during the free start or after it, carry a small “Made with Site Diary” footer.

5. Your records and backups

• What you record is yours, and your responsibility. You are responsible for what you put in your records, for checking they are accurate, and for having the right to record and share information about other people, such as clients, crew and visitors, and their photos and signatures.
• Your records live on your phone. We don’t hold a copy and can’t get them back for you. If your phone is lost, stolen, broken or reset, or the app is deleted, records that were not backed up may be lost for good.
• Please back up. Use Settings › Backup › Export backup regularly and keep the file somewhere safe, away from the phone. Android’s automatic backup to your Google account keeps your records but not your photos or signatures. The app reminds you when a backup is due, but making and keeping backups is up to you.
• Signed records. Signing locks a record, later changes are added as dated amendments, and each signed record carries a fingerprint that its PDF checks. These help show that a record hasn’t been changed since it was signed. We can’t promise how a client, adjudicator, court or anyone else will treat a record.

6. Not legal or contract advice

Site Diary is a tool for keeping and sharing records. It does not give legal, contractual, financial, tax or health and safety advice, and it does not replace the duties you have under your contracts or the law.

• A variation (change order) signed in the app records that your client asked for the work and, if you entered them, the price and time they agreed to. Whether that is binding, and how it fits with your contract (for example a JBCC, NEC, FIDIC, JCT or AIA contract) and the law where you work, is for you to check. If in doubt, ask a professional adviser.
• Health and safety entries, such as incidents and toolbox talks, are your own notes. They don’t replace any report or record the law requires you to make.
• The automatic weather is a forecast, and parts of the day may be left for you to fill in. Check it before you sign the day.

7. Using Site Diary fairly

Please don’t use Site Diary to make records you know are false, to mislead anyone, or to break the law. Don’t try to get around the free start or Premium, copy or resell the app, or interfere with the weather service, for example by sending it automated requests.

8. Weather

Automatic weather comes from MET Norway’s forecasts, through our own weather service, and needs a connection. It is provided as it is: it may be unavailable at times, and a forecast can be wrong. You can always set the weather by hand. Weather data: MET Norway, under the Creative Commons Attribution 4.0 licence.

9. Changes to the app

We keep improving Site Diary, so features may change. Whatever changes, reading your records, making PDFs of records you already have, and exporting and importing backups will stay free. Because your records are on your phone, they don’t depend on our servers; only the automatic weather does. If we ever stop offering Site Diary, we will say so on this website and in Google Play, and give you time to export your records.

10. Our responsibility to you

We build Site Diary with care and test it thoroughly, but no software is perfect. In plain words:

• Site Diary is provided “as is”. We don’t promise that it will always work without errors or interruptions, or that it suits every purpose or contract.
• We are not responsible for loss that comes from records not being backed up, from a lost or damaged phone, from information you entered, or from how other people use or rely on your records.
• We are not responsible for indirect or consequential loss, such as lost profit, lost contracts, lost work or business interruption.
• If we are responsible for a loss, the most we will pay is what you paid for Site Diary Premium in the 12 months before the problem.
• None of this limits our responsibility where the law doesn’t allow it to be limited, such as for death or personal injury caused by negligence, for fraud, or for your rights as a consumer.

11. Stopping

You can stop using Site Diary at any time by uninstalling it. If you have Premium, cancel the subscription in Google Play as well (section 3). We may stop providing the app or Premium to someone who seriously breaks these terms, but we would never take away access to records already on your phone.

12. The law that applies

These terms are governed by the law of the Republic of South Africa, where Kindly Made is based, and disputes go to the South African courts. If you are a consumer living in another country, you also keep the protection of the laws of your country, and you may bring a claim in your local courts. Before going to court, please write to us: most problems can be sorted out with an email.

13. Changes to these terms

If we change these terms, we will update this page and the date at the top. If a change is important, such as one about payments, we will post it here before it applies and, where we can, tell you in the app. If you carry on using Site Diary after a change, the new terms apply; if you don’t agree with them, you can stop using the app and cancel Premium.

14. Contact us

Kindly Made, South Africa
support@kindlymadeapps.com

• About Site Diary
• Help and questions
• Privacy policy