Terms and Conditions

These Terms of Service ("Terms") govern your access to and use of Daymark ("Daymark", "we", "us", or "our"), including:

• The Daymark mobile application (iOS and Android)
• The Daymark web application at daymark.base44.app
• All related features, content, and services

By creating an account, downloading the app, or using any part of Daymark, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use Daymark.

You must:

• Be at least 16 years old
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the service under applicable law

If you use Daymark on behalf of another person, you confirm you have authority to accept these Terms on their behalf.

Daymark is a personal wellbeing companion that helps users track energy, symptoms, sleep, nutrition, medications and mood. The service includes:

• Daily check-ins and energy risk assessments
• Medication tracking and adherence logging
• Meal logging (text, photo, and barcode)
• Journal entries with AI-assisted reflections
• Pattern insights and pacing recommendations
• Data export (CSV and PDF clinical reports)
• Push notifications and reminders
• Optional Daymark Pro subscription features

Daymark is designed primarily for people living with Multiple Sclerosis (MS) and related chronic fatigue conditions.

Daymark is not a medical device and does not provide medical advice, diagnosis or treatment. The information, insights, energy risk scores, AI-generated content, meal suggestions and reports provided through Daymark are for personal tracking and educational purposes only. They are not a substitute for professional medical advice.

You should always:

• Consult qualified healthcare professionals for medical decisions
• Seek immediate medical attention for emergencies
• Not rely on Daymark to detect, diagnose, or treat any condition
• Not change medications or treatment plans based solely on app content

We make no warranties about the accuracy, completeness or suitability of any information provided through the service.

You agree not to:

• Use Daymark for any unlawful purpose
• Provide false, misleading or impersonating account information
• Attempt to gain unauthorised access to our systems or other users' accounts
• Reverse engineer, decompile or disassemble the app except where permitted by law
• Scrape, crawl or harvest data from the service
• Upload malicious code, spam or harmful content
• Use automated tools to create accounts or abuse free trials
• Resell, sublicense or commercially exploit Daymark without our written consent
• Use Daymark in any way that could harm, disable or overburden our infrastructure

We may suspend or terminate accounts that violate these rules.

Daymark uses artificial intelligence to generate insights, meal suggestions, journal reflections and other supportive content. You acknowledge that:

• AI outputs may be inaccurate, incomplete or inappropriate for your specific situation
• AI content is not reviewed by medical professionals
• You should treat AI content as general guidance, not medical advice
• We are not liable for decisions you make based on AI-generated content

Daymark and its original content, features, design, logos and software are owned by Daymark and protected by copyright, trademark and other intellectual property laws. These Terms do not grant you any right to use our branding, logos or trademarks without prior written consent.

You may export your own data for personal use. You may not reproduce, distribute or create derivative works from Daymark's software or content except as expressly permitted.

Your use of Daymark is also governed by our Privacy Policy, which explains how we collect, use and protect your personal and health data. By using Daymark, you consent to the processing described in the Privacy Policy, including processing of special category health data with your explicit consent.

Daymark integrates with third-party services including Firebase, OpenAI, RevenueCat, Apple App Store, Google Play, Stripe, Open Food Facts and social sign-in providers. Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services outside our control.

We strive to keep Daymark available and reliable, but we do not guarantee uninterrupted or error-free operation. We may:

• Modify, suspend or discontinue features with reasonable notice where practicable
• Perform maintenance that temporarily limits access
• Update the app to fix bugs, improve security or add features

We are not liable for temporary unavailability except where required by applicable consumer law.

To the fullest extent permitted by applicable law:

• Daymark is provided "as is" and "as available"
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement
• We do not warrant that the service will meet your requirements, be accurate or be free from errors
• We do not warrant the accuracy of third-party data (e.g. Open Food Facts product information)

Nothing in these Terms excludes or limits warranties that cannot be excluded under applicable consumer protection law.

To the fullest extent permitted by applicable law:

• Daymark and its officers, directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages
• Our total liability for any claim arising from or related to these Terms or your use of Daymark shall not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) £100

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

If you are a consumer in the UK or EEA, you may have statutory rights that are not affected by these Terms.

You agree to indemnify and hold harmless Daymark from any claims, damages, losses or expenses (including reasonable legal fees) arising from your violation of these Terms, your User Content, your misuse of the service, or your violation of any third-party rights. This section does not apply to consumers where prohibited by law.

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. If you are a consumer residing in the UK or EEA, you may also benefit from mandatory protections of the law of your country of residence.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where consumer law grants you the right to bring proceedings in your local courts.

Before initiating formal proceedings, we encourage you to contact info@daymarkapp.com so we can attempt to resolve the issue informally.

We may update these Terms from time to time. When we make material changes, we will notify you by email or through an in-app notice at least 30 days before the changes take effect, where practicable. Your continued use of Daymark after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the service and may delete your account.

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Daymark regarding the service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any provision is not a waiver of that provision.
• Assignment: You may not assign your rights under these Terms. We may assign our rights in connection with a merger, acquisition or sale of assets.
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

For questions about these Terms, email info@daymarkapp.com. We aim to respond to enquiries within 30 days.