Welcome to Daybook, a next-Generation Journal that safeguards your memories and helps you to reflect upon past experiences, analyze and improve yourself.

By using the Daybook journal(https://daybook.app/) you accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, “Daybook journal”, “daybook.app”, “daybook app”, “Daybook”, “our service” or “the service” or “we” or “Daybook service” means the service provided by Daybook Labs Inc. Daybook is a product of Daybook Labs Inc. Daybook is a cloud-based journal available on multiple platforms and utilizing content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.

1. Subscription

1.1 Daybook offers premium account subscription(referred to as Daybook premium), a fee-based program which upgrades from the free account(a free-of-charge account) by providing additional features and content along with what’s available in “free account”.

1.2 You can subscribe to the Daybook premium account by purchasing a subscription through the following. i. Google Play in-app purchase. Your purchase will be subject to Google’s plays term of use and privacy policy which you will need to accept before making payment. ii. Apple in-app purchase system ( when available) iii https://daybook.app/ (when available).

1.3. Your Daybook subscription will continue and automatically renew until terminated. To use the Daybook service you must have Internet access and a Daybook ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation and refund” below). We may provide options to a trial period to try out the Daybook premium to try out Daybook.

1.4. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

1.5. Your Daybook subscription may start with a free trial. The duration of the free trial period of your subscription lasts will be specified during sign-up and is intended to allow new and certain former members to try the service.

1.6. Free trial eligibility is determined by Daybook at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. A person or organization with an existing or recent Daybook subscription are not eligible. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Daybook subscription to determine eligibility. For combinations with other offers, restrictions may apply.

1.7. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period.

1.8. Billing Cycle — The subscription fee for the Daybook service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. subscription fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

1.9. Payment Methods — To use the Daybook service you must provide one or more Payment Methods through subscription option mentioned section 1.2. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend the Daybook premium to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

1.10 Updating your Payment Methods. You can update your Payment Methods based on the method you have chosen to avail subscription mentioned section 1.2. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

2. Cancellation and refund.

2.1 You can cancel your Daybook subscription at any time, and you will continue to have access to the Daybook service through the end of your billing period. The cancellation process varies based on the methods you have chosen to subscribe to. i. If you subscribed using Google play in-app purchase go to Google play subscription page to cancel. ii. If you have subscribed using Apple in-app purchase system refer to https://support.apple.com/en-us/HT202039. ( When available ) iii. Got to the setting payment page for cancellation. https://daybook.app/ (when available) If you signed up for Daybook using your account with a third party as a Payment Method and wish to cancel your Daybook subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Daybook service through that third party. You may also find billing information about your Daybook subscription by visiting your account with the applicable third party.

2.2. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

2.3. All sale is final, and we will not provide a refund. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Daybook Service

3. Condition of Use and intellectual property

3.1. You agree to use the Daybook service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Daybook service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Daybook service; use any robot, spider, scraper or other automated means to access the Daybook service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Daybook service; insert any code or product or manipulate the content of the Daybook service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Daybook service, including any software viruses or any other computer code, files or programs. You also agree not to use service in order to build a competitive product or service or to extract or copy ideas, features, or assets of the Service(Text, images, content, videos). We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in the illegal or fraudulent use of the service.

3.2. You must be 16 years of age, or the age of majority in your province, territory or country, to become a member of the Daybook service. Individuals under the age of 16, or the applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

3.3. The Daybook service and any content viewed through our service are for account holder owner alone use only and may not be shared with individuals. During your Daybook subscription, we grant you a limited, non-exclusive, non-transferable right to access the Daybook service and view Daybook content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.

4. User-generated content and liability:

4.1 You own your content in the form of entry. However, Daybook may provide features that allow you to publish an entry to the public. This will be optional. In that scenario, you grant a royalty-free license to distribute through our platform. We also reserve the right to remove the publication if publication intended to spread hate, violence, or other illegal activity. We also don’t have any control of user content, copyrights, privacy, trademark authenticity, and will not be liable for such an event.

4.2 You agree that feedback or suggestions provided to us in any form oral or written to us enhance features, correction, improvement will remain our property. You also agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement in favor of Daybook.

5. Warranty

5.1. The performance of Daybook may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

5.2 We don’t guarantee that the service will be performed error-free or uninterrupted, or crash-free or fix service errors.

5.3. Daybook service may solely This software may vary by device and medium, and functionalities may also differ between devices.

5.4. We take security very seriously and use security to ensure that Your Data is protected when it is in your journal. However, we cannot and do not guarantee that a breach will never occur or that Your Data will be secure and will never be misused, and you acknowledge and agree that we cannot be held responsible for any breach or unauthorized access to or use of Your Data.

5.5 Daybook does not hold responsible for any delays, delivery failures, or other damage resulting from problems mentioned in section 5.1, 5.2, 5.3,5.4

If you do not accept the foregoing terms, do not use our service.

5. Indemnification

You agree to indemnify and hold Cloze, its affiliates, directors, officers, employees, and agents