Terms of Service

The following terms and conditions govern all use of the DAYDI website, mobile applications, and all content, services and products available at or through the website and mobile applications, including, but not limited to, the DAYDI subscription service, (taken together, “DAYDI”). DAYDI: WEIGHT LOSS, HEALTH APP LLC owns, operates, and does business as DAYDI. DAYDI is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DAYDI’s Privacy Policy) and procedures that may be published from time to time on this Site by DAYDI (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using DAYDI. By accessing or using any part of the website or mobile applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access DAYDI or use any services. If these terms and conditions are considered an offer by DAYDI, acceptance is expressly limited to these terms. DAYDI is available only to individuals who are at least 18 years old.

Your DAYDI Account

If you create an account on DAYDI, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with DAYDI. You must immediately notify DAYDI of any unauthorized uses of your account or any other breaches of security. DAYDI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

When You submit data, images, files, and other material to DAYDI, or otherwise make (or allow any third party to make) material available by means of DAYDI (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
• the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own;
• and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DAYDI or otherwise.

By submitting Content for inclusion in DAYDI, you grant DAYDI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Content on DAYDI. (Any Content that you submit with always be handled in accordance with the DAYDI Privacy Policy.) To revoke this license, you may delete your Content from DAYDI at any time. If you delete Content, DAYDI will use reasonable efforts to remove it from DAYDI, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, DAYDI has the right (though not the obligation) to, in DAYDI’s sole discretion (i) refuse or remove any content that, in DAYDI’s reasonable opinion, violates any DAYDI policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of DAYDI to any individual or entity for any reason, in DAYDI’s sole discretion. DAYDI will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

Paid services are available on DAYDI (any such services, a “Subscription”). By selecting a Subscription you agree to pay DAYDI the monthly, multi-month, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis.

Responsibility of Visitors

DAYDI has not reviewed, and cannot review, all of the material, including computer software, posted to DAYDI, and cannot therefore be responsible for that material’s content, use or effects. By operating DAYDI, DAYDI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DAYDI may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. DAYDI may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DAYDI disclaims any responsibility for any harm resulting from the use by visitors of DAYDI, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DAYDI links, and that link to DAYDI. DAYDI does not have any control over those non-DAYDI websites and webpages, and is not responsible for their contents or their use. By linking to a non-DAYDI website or webpage, DAYDI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DAYDI disclaims any responsibility for any harm resulting from your use of non-DAYDI websites and webpages.

Copyright Infringement and DMCA Policy

As DAYDI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DAYDI violates your copyright, you are encouraged to notify DAYDI. DAYDI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DAYDI will terminate a visitor’s access to and use of DAYDI if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DAYDI or others. In the case of such termination, DAYDI will have no obligation to provide a refund of any amounts previously paid to DAYDI.

Intellectual Property

This Agreement does not transfer from DAYDI to you any DAYDI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DAYDI. DAYDI: WEIGHT LOSS, HEALTH APP LLC, DAYDI, DAYDIAPP.com, the DAYDI logo, and all other trademarks, service marks, graphics and logos used in connection with DAYDI are trademarks or registered trademarks of DAYDI: WEIGHT LOSS, HEALTH APP LLC or DAYDI: WEIGHT LOSS, HEALTH APP LLC licensors. Other trademarks, service marks, graphics and logos used in connection with DAYDI may be the trademarks of other third parties. Your use of DAYDI grants you no right or license to reproduce or otherwise use any DAYDI: WEIGHT LOSS, HEALTH APP LLC or third-party trademarks.

Advertisements

DAYDI reserves the right to display advertisements on DAYDI.

Changes

DAYDI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to DAYDI following the posting of any changes to this Agreement constitutes acceptance of those changes. DAYDI may also, in the future, offer new services and/or features through DAYDI (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

DAYDI may terminate your access to all or any part of DAYDI at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DAYDI account (if you have one), you may simply discontinue using DAYDI. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by DAYDI if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DAYDI’s notice to you thereof; provided that, DAYDI can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

DAYDI is provided “as is”. DAYDI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DAYDI nor its suppliers and licensors, makes any warranty that DAYDI will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, DAYDI at your own discretion and risk. Information posted on DAYDI may not be accurate or current.

Limitation of Liability

In no event will DAYDI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DAYDI under this agreement during the twelve (12) month period prior to the cause of action. DAYDI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Medical Disclaimer

You are responsible for your own health. DAYDI is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to changing your diet or exercise plan and ask your physician any questions you may have regarding a medical condition. Although we do out absolute best to verify the accuracy of information contained herein, we cannot guarantee its accuracy.

Permitted Uses

If you have a serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer or heart disorders, you may not use DAYDI without the prior approval and supervision of your physician or other licensed healthcare provider. If you suffer from anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use DAYDI. You must be at least 18 years of age to use DAYDI.

General Representation and Warranty

You represent and warrant that (i) your use of DAYDI will be in strict accordance with the DAYDI Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of DAYDI will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless DAYDI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of DAYDI, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between DAYDI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DAYDI, or by the posting by DAYDI of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of DAYDI will be governed by the laws of the Georgia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Georgia. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Affiliate Promotions

daydiapp.com and the DAYDI app contain affiliate links to products and services. This means DAYDI may earn a small commission for qualifying purchases made through these links.

Testimonials and User Stories

All stories and testimonials are provided by real DAYDI users, who have each received a gift card in compensation for sharing their experience. Their results are not typical. DAYDI does not guarantee any specific health or medical outcomes for those using our product.