Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you and Daily ("we," "us," or "our"), concerning your access to and use of the Daily website and mobile application (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms of Service. If you disagree with any part of the terms, then you may not access the Services.

2. Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of Daily and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Daily.

You retain any and all of your rights to any content you submit, post, or display on or through the Services, and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any third party posts on or through the Services.

3. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is offensive, vulgar, or obscene.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Engage in unauthorized framing of or linking to the Services.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Delete the copyright or other proprietary rights notice from any content.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

5. Mobile Application Terms

By using our mobile application, you agree to the following additional terms:

• You acknowledge that these Terms are between you and Daily, not with Apple, Google, or any other app store provider.
• Your use of our mobile application must comply with the applicable App Store's terms of service.
• Daily, not Apple or Google, is solely responsible for our mobile application and its content.
• You acknowledge that Apple or Google has no obligation to furnish any maintenance and support services with respect to our mobile application.
• In the event of any failure of our mobile application to conform to any applicable warranty, you may notify Apple or Google, and they will refund the purchase price for our mobile application to you; to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to our mobile application.
• You acknowledge that Daily, not Apple or Google, is responsible for addressing any claims you or any third party may have relating to our mobile application or your possession and/or use of our mobile application.
• You acknowledge that, in the event of any third-party claim that our mobile application or your possession and use of our mobile application infringes that third party's intellectual property rights, Daily, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

6. Subscriptions

Some parts of the Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select. Billing cycles are set on a monthly or annual basis.

At the end of each billing period, your subscription will automatically renew under the exact same conditions unless you cancel it or Daily cancels it. You may cancel your subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Daily with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Daily to charge all subscription fees incurred through your account to any such payment instruments.

7. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us requesting account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Limitation of Liability

In no event shall Daily, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

To the maximum extent permitted by applicable law, Daily assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services; any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

9. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Daily, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Email: terms@dailyapp.com

Address: Daily, 123 App Street, San Francisco, CA 94103