Legal

Terms of Service

Effective Date: June 29, 2023

Welcome to Dayful! These Terms of Service (“Terms”) govern your use of the Dayful mobile application (“the App”) and any related services provided by Dayful (“we,” “us,” or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the App.

1. Subscription

1.1 The Dayful App offers both a basic free plan and a premium plan. Both plans grant access to the App, but the basic free plan has limited features, while the premium plan offers additional features and functionalities. By choosing to use the App, you acknowledge and accept the limitations of the basic free plan.

1.2 The premium plan requires a subscription to access its additional features. Your subscription will start automatically following the end of the trial period, if applicable, and will continue on a recurring basis until you cancel. You will be charged for the current subscription period according to your chosen subscription plan.

1.3 To cancel your subscription, it is your responsibility to do so through the service where you signed up, e.g., the App Store or Google Play Store. Paid subscriptions cannot be terminated before the end of the period for which it is already paid. Dayful will not refund fees that you have already paid. A missing payment allows Dayful to deactivate an account.

2. Cancellation

2.1 It is your own responsibility to cancel your subscription through the service where you signed up, e.g., App Store or Google Play Store. You will be charged for the current subscription period. Please note that paid subscriptions cannot be terminated before the end of the period for which you have already paid. Dayful will not refund fees that are already paid.

3. Data

3.1 We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Policy. By using Dayful, you agree to the collection and use of personal information in accordance with our Privacy Policy.

4. Maintenance and Stability

4.1 The Dayful service is developed continuously. We reserve the right to update and change the content in the service. We strive for the best possible maintenance stability but are not liable for any interruptions or breakdowns caused by circumstances beyond our control. This includes, but is not limited to, electrical cuts, issues with internet connection, issues with hardware, hacker attacks, viruses, or other types of force majeure.

5. Responsibility

5.1 The use of Dayful is at your own risk, and we are not liable to you or anyone else if interference with or damage to your computer systems occurs or if you suffer any loss, cost, or expense in connection with your use of our service. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost, or expense whatsoever in the use of or reliance upon Dayful.

5.2 We agree to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of any Service or Customer Data. However, we will have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond our control. All data is stored securely to prevent unauthorized third-party access. We cannot be held responsible for errors that occur due to circumstances beyond our control.

6. Data Security

6.1 When signing up to use Dayful, you complete a sign-up form with your name and email address. This information will be stored for the purpose of providing you with the best possible service. When you create a subscription with Dayful, your payment information is handled through the App Store or Google Play. Dayful only stores whether you have an active or inactive subscription and does not store any of your payment information. The customer accepts that Dayful is entitled to use third-party suppliers in all conditions, including development, maintenance, and data storage. These suppliers may be located outside of Denmark. All data is owned by Dayful. For more information on the processing of your data, please refer to our Privacy Policy.

7. Changes

7.1 Dayful reserves the right to change and update these Terms of Service. We also reserve the right to make price changes with a minimum of 30 days' notice. You will be notified of significant changes by email.

Acknowledgement

You and the End-User acknowledge that this End-User License Agreement (“EULA”) is concluded between you (the developer) and the End-User, and not with Apple Inc. (“Apple”). You acknowledge that you are solely responsible for the Licensed Application and its content.

Scope of License

The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions. However, the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support

You shall be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required by applicable law. You and the End-User acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the Licensed Application.

Warranty

You are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

Product Claims

You and the End-User acknowledge that you, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user's possession and/or use of that Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights

You and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes any third party's intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

The End-User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

For any questions, complaints, or claims regarding the Licensed Application, please contact the developer at the following address: Copenhagen. Email: info@dayful.app.

Third Party Terms of Agreement

The End-User must comply with any applicable third-party terms of agreement when using the Licensed Application, including wireless data service agreements and other relevant agreements.

Third Party Beneficiary

You and the End-User acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon the End-User's acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third-party beneficiary thereof.

Last updated: June 29, 2023