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Terms and Conditions

Last updated: December 14, 2024

Welcome to DailyPeak! These Terms of Service (“Terms”) govern your access to and use of the DailyPeak app (“App”), operated by DailyPeak LLC (“we,” “us,” “our”). By using the App, you agree to these Terms. If you do not agree, please refrain from using the App.

1. General Information

  • Operator: DailyPeak LLC.
  • Jurisdiction: These Terms are governed by the laws of the State of Delaware.

2. Services Offered

DailyPeak provides motivational content, guided reflections, AI-powered coaching, and personalized journaling tools to help users achieve their goals. The App is designed for general inspiration and personal development purposes.

3. Eligibility

  • Age Requirement: Users must be at least 13 years old to use the App. By using the App, you confirm that you meet this requirement.
  • Compliance: You agree to comply with all applicable laws and these Terms.

4. Account Creation

  • Users must create an account to access the App’s features. Accounts can currently be created using an email address or phone number.
  • Users are responsible for maintaining the confidentiality of their login information and notifying us immediately of unauthorized use.

5. User Conduct

You agree not to:

  • Share offensive, illegal, or harmful content through the App.
  • Engage in spamming, harassment, or other disruptive behavior.
  • Attempt to reverse-engineer, copy, or exploit the App’s functionalities.
  • Use the App for fraudulent or unauthorized purposes.

6. AI-Generated Content Disclaimer

  • Informational Purposes Only: Content generated by the App is intended for informational and motivational purposes. It should not be relied upon for making critical life decisions.
  • No Professional Advice: DailyPeak content is not a substitute for professional advice (e.g., legal, financial, medical, or psychological). Users should seek qualified professionals for specific needs.
  • Liability for Actions or Inactions: We disclaim liability for any actions or inactions taken as a result of using the App.

7. Intellectual Property

  • Ownership: All content, designs, code, and intellectual property within the App are owned by DailyPeak LLC or its licensors.
  • User Content: Users retain ownership of personal content (e.g., journal entries) created within the App but grant DailyPeak a license to store and display such content as necessary.

8. Payments and Subscriptions

  • Pricing: DailyPeak offers free features and paid subscriptions for premium content.
  • Refunds: Refunds are not provided unless required by law.
  • Trials and Cancellation: Free trials are available, and subscriptions can be canceled anytime through the user’s account settings.

9. Data and Privacy

  • Data Collection: We collect account information (e.g., email, phone number) and usage data (e.g., preferences, journaling activity) to improve services.
  • Privacy Policy: For more details on how we collect, use, and store user data, please refer to our Privacy Policy.

10. Third-Party Services

The App integrates with third-party services (e.g., Firebase for backend operations and AI models for content generation). These services have their own terms and conditions, and DailyPeak disclaims liability for interruptions or issues caused by third-party providers.

11. Liability and Disclaimers

  • "As-Is" Basis: The App is provided “as is” without warranties of any kind.
  • No Guarantees: We make no guarantees about the accuracy, reliability, or suitability of the content.
  • Third-Party Interruptions: We are not responsible for service interruptions or data loss caused by third-party services.

12. Termination of Use

  • Account Suspension/Termination: We may suspend or terminate accounts for violating these Terms or engaging in prohibited behavior.
  • Account Deletion: Users may delete their accounts. Upon deletion, personal data will be handled per our Privacy Policy.

13. Changes to Terms

  • Right to Update: We reserve the right to modify these Terms at any time. Changes will be communicated via email or in-app notifications.
  • Acceptance of Changes: Continued use of the App after updates indicates acceptance of the revised Terms.

14. Dispute Resolution

  • Binding Arbitration: Any disputes arising under these Terms will be resolved through binding arbitration in the State of Delaware, unless prohibited by law.
  • Virtual Arbitration: Arbitration hearings may be conducted virtually to reduce logistical burdens.

15. Contact Information

If you have questions or concerns about these Terms, please contact us at hello@dailypeak.app.

Thank you for using DailyPeak!