IMPORTANT: PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service ("Terms" or "Agreement") contain important information about your legal rights, remedies, and obligations. By accessing or using Day Rift, you agree to comply with and be bound by these Terms.
SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Acceptance of Terms
1.1 Agreement to Terms
By downloading, installing, accessing, or using the Day Rift mobile application ("App") and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not access or use our Services.
1.2 Authority to Bind
If you are using the Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.
1.3 Electronic Agreement
By using our Services, you consent to receive communications from us electronically, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
1.4 Additional Terms
Certain features of the Services may be subject to additional terms, conditions, or policies. Such additional terms are incorporated into these Terms by reference when you use those features.
2. Eligibility
2.1 Age Requirements
You must be at least 13 years of age to use our Services. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Services with the consent of a parent or legal guardian who agrees to be bound by these Terms.
2.2 Eligibility Restrictions
You may not use our Services if:
- You have been previously suspended or removed from our Services
- You are prohibited from receiving products, services, or software under applicable laws
- You are located in a country subject to a comprehensive embargo by the government of India or other applicable jurisdiction
2.3 Representations
By using the Services, you represent and warrant that you meet all eligibility requirements and that the registration information you provide is accurate, current, and complete.
3. Description of Services
3.1 Service Overview
Day Rift is a productivity and fitness application that provides tools and features to help users build habits, track workouts, set goals, and improve their daily routines. Our Services include:
- Habit Tracking: Create, monitor, and analyze habits with streak tracking and statistics
- Workout Logging: Record exercises, sets, repetitions, weights, and workout sessions
- Focus Sessions: Timed focus sessions with digital detox features
- Goal Management: Set personal goals and quests with milestone tracking
- AI Coaching: AI-powered personalized recommendations and motivational support
- Achievement System: Gamification elements including XP, levels, and achievements
- Analytics: Progress tracking, insights, and performance analytics
3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3.3 Service Availability
While we strive to ensure the Services are available at all times, we do not guarantee uninterrupted access. The Services may be unavailable due to maintenance, updates, server failures, or circumstances beyond our control.
4. User Accounts
4.1 Account Registration
To access certain features of our Services, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security and confidentiality of your login credentials
- Notify us immediately of any unauthorized access to or use of your account
- Accept full responsibility for all activities that occur under your account
4.2 Account Security
You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. We recommend using a strong, unique password and enabling any available security features. Day Rift will not be liable for any loss or damage arising from your failure to protect your account credentials.
4.3 Account Restrictions
You may not:
- Create more than one personal account
- Share your account credentials with others
- Transfer your account to another person without our written consent
- Use another person's account without their authorization
4.4 Account Suspension and Termination
We reserve the right to suspend or terminate accounts that violate these Terms, contain false or misleading information, or are inactive for an extended period. Upon termination, your right to use the Services will immediately cease.
5. Subscriptions and Payments
5.1 Subscription Tiers
Day Rift offers both free and premium subscription options:
- Free Tier: Basic access to core features with advertisements
- Premium Tier: Enhanced features including advanced AI coaching, detailed analytics, unlimited history, and an ad-free experience
5.2 Subscription Fees
Premium subscriptions are available on a monthly or annual basis. Current pricing is displayed in the App. Prices are subject to change, but changes will not affect active subscription periods.
5.3 Billing and Payment
All payments are processed through the Apple App Store or Google Play Store. By subscribing, you agree to their respective payment terms, billing practices, and refund policies. You authorize the applicable store to charge your designated payment method for all subscription fees.
5.4 Automatic Renewal
Auto-Renewal Notice: Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period. Your payment method will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
5.5 Cancellation
You may cancel your subscription at any time through your device's app store settings:
- iOS: Settings > [Your Name] > Subscriptions > Day Rift
- Android: Google Play Store > Menu > Subscriptions > Day Rift
Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. No partial refunds are provided for unused portions of a subscription period.
5.6 Refunds
Refund requests are handled according to the refund policies of the Apple App Store or Google Play Store. To request a refund, please contact the respective store directly. We do not have the ability to process refunds for purchases made through the app stores.
5.7 Price Changes
We reserve the right to change subscription prices. Price changes will be communicated in advance and will take effect at the start of your next billing period. Continued use of premium features after a price change constitutes acceptance of the new price.
5.8 Free Trials
We may offer free trial periods at our discretion. If you do not cancel before the trial ends, your payment method will be charged for a subscription at the standard rate. Free trials are limited to one per user and payment method.
6. User Content
6.1 Ownership of User Content
You retain all ownership rights in the content you create, upload, or submit through the Services ("User Content"), including habits, goals, workout logs, notes, and other personal data.
6.2 License to Day Rift
By submitting User Content, you grant Day Rift a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, and display your User Content solely for the purposes of:
- Providing, maintaining, and improving the Services
- Generating anonymized and aggregated analytics
- Developing new features and services
This license continues even after you stop using our Services to the extent necessary for us to complete any pending operations, maintain backups, or comply with legal obligations.
6.3 User Representations
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate any third-party rights, including intellectual property or privacy rights
- Your User Content complies with these Terms and all applicable laws
6.4 Content Removal
We reserve the right, but have no obligation, to review, monitor, or remove User Content at our sole discretion and without notice for any reason, including violation of these Terms.
6.5 Data Export
You may request an export of your User Content by contacting us at dayrift.app@gmail.com. We will provide your data in a commonly used format within a reasonable timeframe.
7. Acceptable Use Policy
7.1 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Unlawful Activities
- Use the Services for any illegal purpose or in violation of any applicable laws or regulations
- Engage in any activity that constitutes fraud, impersonation, or identity theft
- Transmit or store content that is illegal, harmful, threatening, abusive, or otherwise objectionable
Security Violations
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts
- Probe, scan, or test the vulnerability of the Services or any related system
- Interfere with or circumvent any security features of the Services
- Introduce viruses, malware, or any other malicious code
Service Interference
- Interfere with or disrupt the integrity or performance of the Services
- Overload, flood, or spam our systems or networks
- Use automated systems (bots, scrapers, etc.) to access the Services without our express written permission
Intellectual Property Violations
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Copy, modify, create derivative works of, or distribute any part of the Services
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
Commercial Use
- Use the Services for any commercial purpose without our prior written consent
- Resell, redistribute, or sublicense access to the Services
- Use the Services to develop a competing product or service
7.2 Enforcement
We reserve the right to investigate and take appropriate legal action against anyone who violates this policy, including removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.
8. Health and Fitness Disclaimer
IMPORTANT MEDICAL DISCLAIMER:
Day Rift is not a medical device, does not provide medical advice, and is not intended to diagnose, treat, cure, or prevent any disease or health condition. The Services are designed for general fitness and wellness purposes only.
8.1 Not Medical Advice
All workout suggestions, habit recommendations, AI coaching advice, and other content provided through the Services are for informational and motivational purposes only. This content:
- Is not a substitute for professional medical advice, diagnosis, or treatment
- Should not be used to make medical decisions
- May not be appropriate for your specific health situation
8.2 Consult Healthcare Professionals
You should:
- Consult with a qualified healthcare professional before starting any exercise program, diet plan, or making changes to your lifestyle
- Seek medical advice if you have any pre-existing health conditions, injuries, or concerns
- Stop exercising immediately and seek medical attention if you experience pain, discomfort, dizziness, or any other symptoms during physical activity
8.3 Assumption of Risk
By using the fitness features of the Services, you acknowledge and agree that:
- Physical activity inherently carries risks, including but not limited to physical injury, disability, and death
- You voluntarily assume all risks associated with your use of the fitness features
- Day Rift is not responsible for any injuries, health issues, or damages resulting from exercises, workouts, or activities tracked or suggested through the Services
8.4 AI Coaching Limitations
Our AI coaching features provide general guidance based on algorithmic analysis and should not be considered professional fitness training or medical advice. The AI may not account for individual health conditions, limitations, or circumstances.
9. Intellectual Property Rights
9.1 Day Rift Ownership
The Services, including all content, features, functionality, software, design, graphics, logos, icons, images, audio, video, text, and data (collectively, "Day Rift Content") are owned by Day Rift or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Limited License
Subject to these Terms, Day Rift grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Day Rift Content for your personal, non-commercial purposes. This license does not include any right to:
- Modify, copy, or create derivative works of the Services or Day Rift Content
- Sell, license, rent, or otherwise commercially exploit the Services
- Remove or alter any proprietary notices or labels
- Use any data mining, robots, or similar data gathering methods
9.3 Trademarks
"Day Rift," our logos, and other marks are trademarks of Day Rift. You may not use our trademarks without our prior written permission. All other trademarks appearing in the Services are the property of their respective owners.
9.4 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback without any obligation to compensate you.
10. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, share, and protect your personal information.
By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.
11. Third-Party Services and Content
11.1 Third-Party Integrations
The Services may integrate with or link to third-party services, including but not limited to:
- Apple HealthKit and Google Fit (health data synchronization)
- Google and Apple authentication services
- Payment processors through the app stores
- Analytics and advertising platforms
11.2 Third-Party Terms
Your use of any third-party service is subject to that service's terms and conditions and privacy policy. We are not responsible for the content, privacy practices, or operations of any third-party service.
11.3 Disclaimer
We do not endorse, warrant, or assume responsibility for any third-party service, product, or content. Your interactions with third parties are solely between you and the third party.
12. Termination
12.1 Termination by You
You may terminate your account at any time by:
- Deleting your account through the App settings
- Contacting us at dayrift.app@gmail.com with a deletion request
Upon termination, your license to use the Services will immediately end. You remain responsible for any fees incurred before termination.
12.2 Termination by Day Rift
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, for conduct that we believe:
- Violates these Terms or any applicable laws
- Is harmful to other users, us, or third parties
- Is fraudulent, deceptive, or abusive
- Poses a security risk to our Services or systems
12.3 Effects of Termination
Upon termination:
- Your right to access and use the Services immediately ceases
- Your account and all associated data may be deleted after a retention period
- Any unused subscription period is forfeit unless otherwise required by law
- Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnification, and limitations of liability
12.4 Data Upon Termination
You may request a copy of your data before account deletion. After termination, we will delete your personal data in accordance with our Privacy Policy, except as required for legal compliance or legitimate business purposes.
13. Disclaimers
13.1 "AS IS" AND "AS AVAILABLE" BASIS
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAY RIFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
13.2 No Fitness Guarantees
We do not guarantee that using our Services will result in any particular health, fitness, or productivity outcomes. Results vary based on individual circumstances and consistent use.
13.3 AI Limitations
Our AI-powered features use machine learning and may produce inaccurate, incomplete, or inappropriate responses. AI recommendations should be used as guidance only and verified before reliance.
13.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
14. Limitation of Liability
14.1 EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAY RIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
- DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- DAMAGES ARISING FROM ANY THIRD-PARTY CONTENT OR SERVICES
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, WARRANTY, OR OTHERWISE) AND EVEN IF DAY RIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAY RIFT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO DAY RIFT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
14.3 Essential Purpose
The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for personal injury or certain damages, so some of these limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless Day Rift and its officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your User Content
- Any activity under your account, whether or not authorized by you
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
16. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at dayrift.app@gmail.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiation for at least 30 days before either party may proceed with formal dispute resolution.
16.2 Binding Arbitration
If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the applicable arbitration rules of the jurisdiction. The arbitration shall be:
- Conducted by a single arbitrator with relevant experience
- Held in English unless otherwise agreed
- Conducted remotely or at a mutually agreed location
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AND DAY RIFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Unless both you and Day Rift agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
16.4 Exceptions
Notwithstanding the above, either party may:
- Bring an individual action in small claims court for claims within that court's jurisdiction
- Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights
16.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to dayrift.app@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement.
16.6 Severability of Arbitration Provisions
If any part of this Section 16 is found to be unenforceable, the remaining portions shall remain in effect. If the class action waiver is found unenforceable in a jurisdiction, this entire Section 16 shall be null and void in that jurisdiction only.
17. Governing Law and Jurisdiction
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
17.2 Jurisdiction
For any disputes not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the courts located in Bangalore, India, and waive any objection to such jurisdiction or venue.
17.3 Time Limitation
Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Day Rift regarding the Services and supersede all prior agreements and understandings, whether written or oral.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
18.3 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Day Rift to be effective.
18.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.
18.5 Force Majeure
Day Rift shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or power outages.
18.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that the app stores (Apple and Google) are third-party beneficiaries of the App Store Terms section below.
18.7 Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Day Rift.
18.8 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.9 Export Compliance
You agree to comply with all applicable export and import control laws and regulations, including those of India and other applicable jurisdictions. You shall not export, re-export, or transfer the Services to any prohibited destination, person, or entity.
18.10 Government Use
If you are a government entity, this Section applies: The Services are commercial items developed at private expense and provided with restricted rights. Use, duplication, or disclosure is subject to restrictions as set forth in applicable regulations.
19. App Store Terms
If you downloaded the App from the Apple App Store or Google Play Store, the following additional terms apply:
19.1 Apple App Store
If you downloaded the App from Apple's App Store:
- These Terms are between you and Day Rift only, not with Apple. Day Rift is solely responsible for the App and its content.
- Your use of the App must comply with the App Store Terms of Service.
- Day Rift, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, legal compliance claims, and intellectual property claims.
- Apple has no obligation to provide maintenance and support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for any third-party claims that the App infringes intellectual property rights.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.
19.2 Google Play Store
If you downloaded the App from the Google Play Store:
- These Terms are between you and Day Rift only, not with Google.
- Your use of the App must comply with the Google Play Terms of Service.
- Google is not responsible for the App or its content.
20. Changes to These Terms
20.1 Right to Modify
We reserve the right to modify these Terms at any time at our sole discretion. We will indicate the date of the last revision at the top of this page.
20.2 Notification of Changes
For material changes that affect your rights or obligations, we will provide notice through one or more of the following methods:
- Prominent notice within the App
- Email to the address associated with your account
- Push notification (if you have enabled notifications)
We will provide at least 30 days' notice before material changes take effect, unless the changes are required to address legal requirements or security issues.
20.3 Acceptance of Changes
Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services and delete your account.
21. Contact Information
If you have any questions, concerns, or feedback about these Terms of Service, please contact us:
General Inquiries and Support
Email: dayrift.app@gmail.com
Legal Matters
Email: dayrift.app@gmail.com
Privacy Concerns
Email: dayrift.app@gmail.com
We aim to respond to all inquiries within 5 business days.