Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.
This End-User License Agreement ("EULA") constitutes an agreement between you and Daylio (herein referred to as the "Owner") with regard to the Daylio application for Mobile Phones (herein referred to as "Software Product" or "Software"). By installing the Software, you agree to be bound by the terms of this license agreement.
Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.
1. LICENSE. The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned, and this EULA is not to be construed as a sale of any rights in the Software.
2. RESTRICTIONS OF USE. Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
3. COPYRIGHT. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Daylio, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
5. LIMITATION OF LIABILITY. In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.
7. INDEMNITY. You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
8. UPDATES AND MODIFICATIONS. The Owner may from time to time release updates or modifications to the Software, which may add, modify, or remove features or functionality. Your use of the Software may be subject to these updates or modifications, and you agree to accept and install them as required by the Owner.
9. MEDICAL DISCLAIMER. The Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Software. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by Daylio or our employees is solely at your own risk.
10. SUBSCRIPTIONS. Daylio users may access the Software in the following ways:
- Free Version. A program gives limited access for an unlimited time.
- Free Trial. A free-of-charge program that gives unlimited access for a limited time.
- Paid Subscription "PREMIUM": a subscription fee-based program that gives access to extra content. You will only have access to the Subscription Program while your subscription is active and subsisting. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within the Apps, where allowed by the Application Marketplace Partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.
- Our "Monthly" subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
- Our "Yearly" subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
11. APPLICATION CONTENT. The Content of our Product can be evaluated during the Free Trial Period and refund period provided by our Application Marketplace Partners. This period is intended to give users the opportunity to test the Product and determine if it meets their needs. If a user is dissatisfied with the Product during this period, they can cancel the Trial without incurring any fees. If a user continues using the Product without canceling the Trial, they will be responsible for purchasing the Product, and the Content will not be a reason for compensation.