Dayli Health
Terms of Use
These Terms of Use (the "Terms") are an agreement between you and Repair Spots Inc., a Florida corporation ("Repair Spots", "we", "us"), and govern your use of the Dayli Health iPhone app, its Apple Watch app and widgets, the neighborhood service behind the app, the Dayli Health Plus subscription, and the website daylihealth.com (together, the "Service"). By downloading, installing or using any part of the Service you agree to these Terms and to our Privacy Policy at daylihealth.com/legal/privacy-policy. If you do not agree, do not use the Service.
1. Who may use the Service
You must be at least 13 years old to use the Service, and the guidance in the app is written for adults. If you are under 18, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms. By using the Service you confirm that you meet these requirements and that you are able to enter into a binding agreement.
2. License and Apple's terms
The app is licensed, not sold, to you. Repair Spots grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the app on Apple devices that you own or control, as permitted by the App Store terms. Your use of the app is also subject to Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). If these Terms and Apple's agreement conflict about your license to the app, Apple's agreement controls for that point.
You may not copy, modify, distribute, sell, rent, sublicense, reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent the law expressly allows it.
3. Not medical advice
Dayli Health provides general wellness information and estimates. It is not a medical device, does not provide medical advice, diagnosis or treatment, and is not a substitute for the judgment of a physician, registered dietitian or other qualified professional. Nutrition estimates, including those produced from photos, labels or descriptions, are approximations and can be materially wrong. Calorie budgets, goals, pace guidance and coaching notes are general information based on the numbers you enter. You are responsible for reviewing every estimate and for any decision you make about your diet, exercise, weight or health. If you have a medical condition, are pregnant or breastfeeding, have a history of disordered eating, or are under a professional's care, consult that professional before using the Service to change how you eat or train. Never disregard professional advice because of something in the Service.
4. Your account and your data
The app does not require an account. Your meals, weigh-ins, photos and health data are stored on your device, and you are responsible for keeping backups of your device. The neighborhood uses an anonymous account created on your device; if you link Sign in with Apple, you are responsible for the security of that Apple ID. What the Service does with information about you is described in the Privacy Policy, which is part of these Terms.
5. The neighborhood: content and conduct
The neighborhood lets real people share a street. When you use it you agree to the following:
- The name you give your home, your avatar, and anything else other people can see must not be unlawful, hateful, harassing, sexually explicit, deceptive, an impersonation of another person, or infringing on anyone's rights, and must not contain anyone's personal information.
- Coins and challenges are earned by real activity as measured by Apple Health and by logging your day. You will not falsify activity, manipulate Apple Health data, tamper with the app, use automation, exploit bugs or otherwise cheat to obtain coins, levels, reputation, challenge results or seats.
- You will not harass other neighbors, attempt to identify them, or use the neighborhood to contact anyone who does not want to be contacted.
- You will not interfere with the Service, probe or attack its servers, or access data you are not entitled to.
We may remove content, reset coins or levels, remove a home from a street, restrict or end access to the neighborhood, and take any other step we consider appropriate, with or without notice, when we reasonably believe these rules have been broken. You grant us a non-exclusive, worldwide, royalty-free license to display the content you make visible to other neighbors for the purpose of operating the Service.
6. Coins, homes and virtual items
Coins, homes, land, items, levels, reputation and everything else in the neighborhood are virtual features of the Service. They have no monetary value, cannot be bought, sold, transferred, redeemed or exchanged for money or anything of value, and are not your property. We may adjust the rules of the game, the value or cost of any item, the size of a street, and the way coins are earned, and we may reset or remove virtual items when we reasonably consider it necessary to keep the game fair or to operate the Service. Losing virtual items for any reason is not a loss for which we owe you compensation.
7. Dayli Health Plus
Dayli Health Plus is an optional auto-renewing subscription purchased through Apple's in-app purchase system. Prices are shown in the app before you buy and may vary by country. Payment is charged to your Apple ID at confirmation of purchase. The subscription renews automatically for the same period unless you cancel it at least 24 hours before the end of the current period, and your Apple ID is charged for the renewal within 24 hours before the period ends. You can manage or cancel it in Settings, Apple ID, Subscriptions, on your device. Cancelling stops future renewals; it does not refund the current period. Refunds are handled by Apple under Apple's policies; we cannot issue them.
We may change the price of Plus for future periods. Apple will notify you of a price increase and, where required, ask for your consent before it applies. Free scans included with the app and any promotional offer may be changed or withdrawn for future use at any time. Members of a TestFlight beta may receive Plus features without charge for the duration of the beta; that is not a promise of future free access.
8. Third-party services
Parts of the Service depend on services provided by others, including Apple (the App Store, payments, HealthKit, Sign in with Apple and Apple Watch), an artificial intelligence provider that produces nutrition estimates, and a cloud provider that hosts the neighborhood. Those services are subject to their own terms, and we are not responsible for their availability, accuracy or conduct. If you enter your own API key for an AI provider, your use of that provider is governed solely by your agreement with it and you are responsible for any charges it bills you.
9. Availability and changes
We work to keep the Service available, but we do not promise that it will be uninterrupted, error-free or available at any particular time, and it may be unavailable for maintenance, updates, or reasons outside our control. We may add, change or remove features, including the neighborhood, at any time. We may discontinue the Service or any part of it, and where we do so for a paid feature we will make reasonable efforts to give advance notice through the app or this website.
10. Intellectual property
The Service, including its software, design, text, graphics, artwork, the neighborhood's buildings and scenes, names and logos, is owned by Repair Spots or its licensors and is protected by copyright, trademark and other laws. Except for the license in section 2, nothing in these Terms gives you any right in the Service. "Dayli Health" and the Dayli Health logo are trademarks of Repair Spots Inc. Apple, iPhone, Apple Watch, Apple Health and App Store are trademarks of Apple Inc.
If you send us feedback, suggestions or ideas about the Service, you agree that we may use them without restriction or compensation to you.
11. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy or that the Service will meet your requirements. Without limiting the foregoing, we make no warranty about the accuracy of any nutrition estimate, calorie budget, goal, pace or coaching content, or about any health outcome. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
12. Limitation of liability
To the fullest extent permitted by law, Repair Spots and its officers, directors, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or virtual items, arising out of or related to the Service or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim and (b) fifty United States dollars (US$50). Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.
13. Indemnity
You agree to indemnify and hold harmless Repair Spots and its officers, directors, employees and contractors from any claim, loss, liability, damage and expense (including reasonable legal fees) arising out of your breach of these Terms, your content in the neighborhood, or your violation of any law or of anyone's rights.
14. Termination
You may stop using the Service at any time by deleting the app; you may ask us to delete your neighborhood as described in the Privacy Policy. We may suspend or terminate your access to the Service, or to any part of it, at any time if we reasonably believe you have breached these Terms, to comply with law, or if we discontinue the Service. Sections 3, 6 and 10 through 18 survive termination.
15. Apple-specific terms
These Terms are between you and Repair Spots, not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for it. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, or consumer protection claims. In the event of a third-party claim that the app infringes that party's intellectual property rights, Repair Spots, not Apple, is responsible for the investigation, defense, settlement and discharge of the claim to the extent required by these Terms. You represent that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not on any United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Governing law and disputes
These Terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-law rules. If you live outside the United States, you keep any protection that the mandatory consumer law of your country gives you and that cannot be waived by agreement.
If you have a dispute with us, please email us first at support@daylihealth.com; most concerns can be resolved within a few days. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in Palm Beach County, Florida, and you and we consent to the personal jurisdiction of those courts, except that either party may bring an individual claim in small claims court where it qualifies. To the extent permitted by law, you and we each waive any right to a jury trial and agree that disputes will be brought individually and not as a plaintiff or class member in any class or representative proceeding.
17. Changes to these Terms
We may update these Terms. When we do, we post the new version at daylihealth.com/legal/terms with a new effective date, and for material changes we will also tell you in the app. Continuing to use the Service after a change takes effect means you accept the new Terms; if you do not accept them, stop using the Service.
18. General
These Terms and the Privacy Policy are the entire agreement between you and Repair Spots about the Service. If any provision is found unenforceable, the rest remains in effect and the provision is enforced to the greatest extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the business. Notices to you may be given through the app or this website.
19. Contact
Repair Spots Inc. West Palm Beach, Florida, United States support@daylihealth.com