1) Acceptance of These Terms
These Terms of Service (the "Terms") are a legally binding agreement between you and An App A Day, LLC ("An App A Day," "we," "us," or "our") and govern your access to and use of our websites, mobile applications, and related services (collectively, the "Services"). If you do not agree to these Terms, do not use the Services. Our Privacy Policy is incorporated by reference. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2) Eligibility
You must be at least 13 years old (or 16 if you are located in the EU/UK) to use the Services. If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms and will be responsible for your use. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization.
3) Your Account
You may need an account to use certain features. You agree to: (a) provide accurate information; (b) keep your credentials confidential; and (c) be responsible for all activity that occurs under your account. Notify us promptly of any unauthorized use.
4) Subscriptions, In-App Purchases, Trials, and Renewals
Paid features of the Services are sold exclusively through the Apple App Store and Google Play (each, an "App Store"). Your purchases, billing cycles, renewals, cancellations, and refunds are governed by the applicable App Store's terms and policies.
Auto-renewal. Subscriptions bill in advance and automatically renew at the then-current rate until you cancel through the applicable App Store. By subscribing, you authorize the App Store to charge your payment method on a recurring basis until you cancel.
Cancellation. To cancel, use your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period; access continues until then.
Free trials. If a free trial is offered, the trial length will be stated at sign-up. The App Store will charge at the end of the trial unless you cancel before it ends.
Pricing changes & taxes. Any price changes, taxes, and applicable notices are handled pursuant to the App Store's policies. Where allowed, your continued subscription after a change takes effect constitutes acceptance.
Refunds. Except where required by law or provided by the App Store's policies, fees are non-refundable. Any refunds (if available) are processed by the App Store.
5) License to Use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use our app(s) on devices you own or control, for your personal, non-commercial use, as permitted by the applicable App Store rules.
You may not: (i) copy, modify, distribute, sell, lease, or sublicense any part of the Services or included software; (ii) reverse engineer, decompile, or attempt to extract source code except where permitted by law; (iii) interfere with or disrupt the operation or security of the Services; or (iv) use the Services to violate laws, infringe rights, or engage in unlawful activity. We reserve all rights not expressly granted.
6) User Content & Conduct
You are solely responsible for content you submit or transmit through the Services ("User Content"). You represent you have all necessary rights to your User Content and that your content and conduct are lawful.
By submitting User Content, you grant An App A Day a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content to operate, promote, and improve the Services. This license ends when you delete the content or your account (subject to routine backups, legal holds, and where others have already received or shared your content).
You must not upload content that is illegal, infringing, defamatory, harassing, hateful, pornographic, or otherwise objectionable; you must not spam, phish, impersonate others, or attempt to probe, scan, or test system vulnerabilities or disrupt the Services. We may remove content or suspend/terminate accounts at any time if we believe you violated these Terms or the law.
If you send feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without obligation to you.
7) Third-Party Services & Integrations
The Services may link to or integrate with third-party websites, apps, SDKs, or tools ("Third-Party Services"). We do not control, endorse, or assume responsibility for Third-Party Services, and their terms and privacy policies apply. Your use of Third-Party Services is at your own risk.
8) Ownership & Intellectual Property
The Services (including software, features, designs, and content excluding User Content) are owned by An App A Day or its licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights. You may not use our trademarks or branding without our prior written permission.
9) Health / Wellness Disclaimer (No Medical Advice)
Habit-tracking features and any tips or educational content are for informational purposes only and are not medical, legal, or professional advice. Consult a qualified professional for advice specific to you.
10) App Store Terms
These Terms are between you and An App A Day, not Apple or Google. Your license is limited to devices you own/control, as allowed by the applicable App Store rules. Apple/Google have no obligation to provide maintenance or support. In case of any app warranty claim via Apple, your remedy may be a refund of the purchase price (if any). Apple/Google and their subsidiaries are third-party beneficiaries of applicable provisions of these Terms.
11) Termination
You may stop using the Services and/or delete your account at any time. We may suspend or terminate access at any time (with or without notice) for any reason, including violations or risk to the Services. Upon termination, your license ends and we may delete your content subject to legal holds and backups.
12) Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
13) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AN APP A DAY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS THE GREATER OF (A) US $100 OR (B) THE AMOUNTS YOU PAID (IF ANY) VIA THE APPLICABLE APP STORE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS/LIMITS; WHERE REQUIRED BY LAW, THESE LIMITS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED.
14) Indemnification
You agree to indemnify and hold harmless An App A Day and its affiliates, officers, directors, employees, and agents from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms or applicable law; (b) your User Content; or (c) your misuse of the Services.
15) Dispute Resolution & Arbitration
Agreement to Arbitrate. Any claim or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified here. The arbitrator has exclusive authority to resolve all Disputes, including interpretation, enforceability, or formation of this arbitration agreement (including arbitrability), except as stated in Public-Injunctive Relief below.
Venue; Conduct of Arbitration. Unless prohibited by law, arbitration will take place in the county (or parish) where our principal place of business is located at the time arbitration is initiated, or another location the parties agree to. The arbitration may be conducted in person, by video, or by phone at the arbitrator's discretion consistent with AAA rules.
Governing Law. This arbitration agreement is made pursuant to the Federal Arbitration Act (FAA). To the extent state law applies, Delaware law (without regard to conflict-of-laws principles) applies.
Class Action & Jury Trial Waiver. YOU AND WE AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS. NO CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Public-Injunctive Relief (California). Claims for public injunctive relief under California law (if any) may be brought in a court of competent jurisdiction; any such claim is stayed pending arbitration of arbitrable claims.
Costs & Fees. AAA filing, administration, and arbitrator fees are governed by AAA rules. We will reimburse those fees for claims under US $10,000 unless the arbitrator finds the claims frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless a statute provides otherwise.
Batch/Mass Arbitration Management. If 25 or more similar claims are filed against us by the same or coordinated counsel, the parties will confer in good faith on reasonable procedures (e.g., bellwether arbitrations, staying related filings).
30-Day Right to Opt Out. You may opt out of this arbitration agreement by emailing legal@appday.io within 30 days of your first acceptance of these Terms. Include your name, account email, residence address, and a clear statement that you wish to opt out. Opting out does not affect other Terms or your use of the Services.
Severability; Survival. If any part of this section is found unenforceable, that part will be severed and the remainder enforced to the fullest extent permitted by law (the class-action waiver may not be severed as to a class claim). This arbitration agreement survives termination.
16) Governing Law & Venue (Non-Arbitrable Claims)
These Terms and any non-arbitrable disputes are governed by the laws of the State of Delaware (excluding conflicts rules). For any court proceeding permitted under these Terms, the parties consent to the exclusive jurisdiction and venue of state and federal courts located in Delaware, subject to the public-injunctive carve-out above.
17) International Use & Export
If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You agree to comply with applicable export control and sanctions laws and represent that you are not located in an embargoed country or on any prohibited list.
18) Changes to These Terms
We may update these Terms. If we make material changes, we will provide prominent notice (e.g., in-app or email). Your continued use after the effective date means you accept the updated Terms.
19) Miscellaneous
Entire Agreement. These Terms plus any referenced policies are the entire agreement between you and us.
Severability. If any provision is invalid, the rest remains in effect.
No Waiver. A failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent; we may assign them.
No Third-Party Beneficiaries. Except as stated for app-store providers, no third-party rights are created.