Terms of Service

Last updated: April 6, 2026

1. Acceptance of Terms

By accessing or using Daynite ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. Description of Service

Daynite is a daily health and lifestyle tracking application that allows users to log entries, track habits, view statistics, and receive AI-powered insights and recommendations. The Service is provided "as is" and may be modified, suspended, or discontinued at any time without notice.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Termination

You may delete your account at any time through the settings page. We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, abusive, or illegal activity.

4. Subscription and Payment

4.1 Free Tier and Advertising

The Service offers a free tier (Bronze) and paid subscription tiers (Silver, Gold, Diamond). The free tier includes advertising: you may see ads (including short video ads and inline ads) while using the Service. To use the Service without ads, you must subscribe to Silver or a higher tier. By creating an account and using the free tier, you agree to receive advertising as part of the Service.

4.2 Premium Features

Certain features of the Service are available only through a paid subscription ("Premium"). Premium features include, but are not limited to:

  • No ads (Silver and above)
  • Unlimited AI assistant interactions
  • Advanced analytics and insights
  • Data export functionality
  • Priority support

4.3 Billing

Subscription fees are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. Refunds are provided at our discretion and in accordance with applicable law. For full details on refunds and your 14-day withdrawal right, see our Refund Policy.

4.5 Price Changes

We reserve the right to modify subscription fees at any time. We will provide at least 30 days' notice of any price changes. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5. User Content and Data

5.1 Ownership

You retain ownership of all data and content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service.

5.2 Prohibited Content

You agree not to submit any User Content that:

  • Violates any applicable law or regulation
  • Infringes on the rights of others
  • Contains harmful, offensive, or inappropriate material
  • Contains viruses, malware, or other malicious code
  • Attempts to reverse engineer or compromise the Service

5.3 Data Export and Deletion

You may export your data at any time through the Service (Premium feature). Upon account deletion, we will delete or anonymize your personal data within 30 days, except where retention is required by law.

6. AI Assistant and Third-Party Services

The AI assistant feature uses third-party services (including OpenAI) to provide responses and recommendations. You acknowledge that:

  • AI responses are generated by third-party services and may not always be accurate
  • We are not responsible for the content or accuracy of AI-generated responses
  • Your interactions with the AI assistant may be processed by third-party services
  • You should not rely solely on AI recommendations for medical or health decisions

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Daynite and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8. Disclaimers and Limitations of Liability

8.1 Medical Disclaimer

IMPORTANT: Daynite is not a medical device and does not provide medical advice, diagnosis, or treatment. The Service is for informational and tracking purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided by the Service.

8.2 Service Availability

We do not guarantee that the Service will be available at all times or that it will be error-free. The Service may be subject to interruptions, downtime, or technical issues beyond our control.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYNITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Daynite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us:

Email: support@daynite.app

Address: [Your Company Address]