Through your use of our Services, you agree to these Terms.
Your Access to the Services
As a condition of your right to access and use our Services, you represent that you are at least 18 years of age and that you are not a person barred from accessing the Services under the laws of the United States or any other country. Daisy Health reserves the right to terminate your access in the event you violate these Terms or any Services Agreement. You are entirely responsible for all activities conducted in connection with the use of the services on your device(s) or under your account.
Third-Party Services and Content
Modifications and Interruption to the Services
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that our Services will be error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Daisy Health reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions.
You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services):
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Daisy Health in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Services or any websites or content linked to them;
- interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
- use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
- attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Daisy Health or create or use a false identity;
- attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
- use any meta tags or any other "hidden text" utilizing Daisy Health name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
- assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Daisy Health content or any use of or access to the Services;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
- deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
- access the Services in order to build a competitive service or to benchmark our Service; or
- reverse engineer the Services (to the extent such restriction is permitted by law).
Disclaimer of warranties and limitation of liability
To the fullest extent permitted by law, Daisy Health, its related entities, its service providers, its licensors, and its or their respective officers, directors, employees or agents (collectively the "company parties") expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, related to our services. You understand and agree that your use of our services is at your sole risk. Our services and all content, products and services offered through the services are provided on an "As is" and "As available" basis, except as otherwise agreed in writing between you and Daisy Health. The company parties are not responsible for the timeliness of delivery of content, any failures of delivery, erroneous deletion, or any loss or damage of any kind you claim was incurred as a result of the use of any services. Under no circumstances, will any of the company parties be liable to you or to any person or entity claiming through you for any loss, injury, liability or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our services or any content, product or service provided to you through or in connection with any of our services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, goodwill, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if any company party has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies.
If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the company parties under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed one hundred U.S. Dollars.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to you.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these terms and which if known, might materially affect your consent to these terms. You expressly waive all rights you may have under section 1542 of the california civil code, which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
You agree to indemnify and hold the Daisy Health Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of our Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Services using your computer, device or account.
Service Restrictions, Alterations and Terminations
Daisy Health shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Services. Daisy Health reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions. Daisy Health may discontinue or alter any aspect of this Services, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use the Services, at Daisy Health's sole discretion and without prior notice or liability.
Usernames, Passwords and Security
Your username and password will be your identity for purposes of interacting with Daisy Health and other users through the Services. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Services. You shall immediately notify Daisy Health if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, Daisy Health may impose on you, at Daisy Health's sole discretion, additional security obligations. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Daisy Health. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Copyright and Trademark Information
All content, copyrightable material, and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively "Content"), are owned by Daisy Health with all rights reserved, or in some cases may be licensed to Daisy Health by a third party. This Content is protected by the intellectual property rights of Daisy Health or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Daisy Health.
Permitted Use of the Content
Any use of Content on the Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Daisy Health or under a separate agreement with Daisy Health, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of Daisy Health. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
If you believe that any Content on our Services violates these Terms or is otherwise inappropriate, please report the Content by contacting us using the information below.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation all files, documents and any other Content which does not originate with Daisy Health ("User Content"), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will Daisy Health be liable in any way for any User Content made available through the Services by you or any third party.
We welcome your comments and feedback about our Services. All information and materials submitted to Daisy Health through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Content, or the like regarding or relating to the Services or the business of Daisy Health (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Daisy Health reserves the right to treat any such Feedback as the confidential information of Daisy Health. By submitting Feedback to Daisy Health, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Consent to Electronic Communications
By using the Services, you agree that Daisy Health may communicate with you electronically regarding your use of the Services and related matters, and that any notices, agreements, disclosures or other communications that Daisy Health sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify Daisy Health at the email below.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of California, USA. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of San Francisco, California, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Daisy Health.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
with those of others in the form of a class action or similar procedural device. Any claims arising
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.
Notice for California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Mobile Application Terms
Acknowledgement - Daisy Health and you acknowledge that the Terms of
Service are concluded between Daisy Health and you only, and not with Apple, and Daisy Health, not
Apple, is solely responsible for the Service and the content thereof.
Scope of License - The license granted to you for the Service is
limited to a non-transferable license to use the Service on any iPhone or iPod touch that you own or
control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support - As between Apple and Daisy Health, Daisy
is solely responsible for providing maintenance and support services, if any, with respect to the
Service, as specified in the Terms of Service, or as required under applicable law. Daisy Health and
you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Service.
Warranty - As between Apple and Daisy Health, Daisy Health is solely
responsible for any product warranties, whether express or implied by law, to the extent not
effectively disclaimed. In the event of any failure of the Service to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price for the relevant mobile app
to you. To the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Service, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty will be
Daisy Health’s sole responsibility.
Product Claims - Daisy Health and you acknowledge that Daisy Health,
Apple, is responsible for addressing any claims by you or any third party relating to the Service or
your possession and/or use of that Service, including, but not limited to - (i) product liability
claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights- Daisy Health and you acknowledge that, in
the event of any third party claim that the Service or your possession and use of the Service
infringes that third party’s intellectual property rights, to the extent a warranty of
non-infringement is not validly disclaimed, Daisy Health, not Apple, will be solely responsible for
the investigation, defense, settlement and discharge of any such intellectual property infringement
Legal Compliance - You represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a country or territory that is subject to a sanctions program (e.g.,
designated by OFAC); and (ii) you are not identified on any list prepared by the U.S. Government
describing prohibited or restricted parties.
Developer Name and Address - Daisy Health may be contacted in
connection with any questions, complaints or claims with respect to the Service.
Third Party Beneficiary - Daisy Health and you acknowledge and agree
that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and
that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to
have accepted the right) to enforce the Terms of Service against you as a third party beneficiary
other agreements referenced herein may be assigned by us, in our sole discretion, to a third party,
including (without limitation) in the event of a merger or acquisition, or other corporate
understanding of the parties regarding its subject matter, and supersedes all prior and
contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power
partial exercise of any right, power or privilege preclude any other or further exercise thereof or
the exercise of any other such right, power, or privilege.
a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent, and the invalid provision will be modified as necessary
to make it valid and enforceable while as closely as possible reflecting the original intentions of
Limitation - You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of our Services or relating
be forever barred.
No Relationship - No agency, partnership, joint venture, or
Force Majeure - Daisy Health will not be liable for any failure or deficiency in the performance or availability of the Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Daisy Health, fire, terrorism, natural disaster, pandemic, act of God, or war.