Dailybite

    Terms and Conditions

    TERMS AND CONDITIONS

    Last Updated: 2025-07-08

    Welcome to Dailybite. These Terms and Conditions ("Terms") govern your access to and use of the Dailybite mobile application, website, content, and services (collectively, the "Services"), provided by Dailybite Inc. ("Dailybite," "we," "us," or "our").

    1. Introduction and Acceptance of Terms By downloading, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Dailybite.  

    We reserve the right to modify these Terms at any time. We will provide notice of any material changes, such as by sending an email, providing a notice through the Services, or updating the "Last Updated" date above. Your continued use of the Services after any such change constitutes your acceptance of the new Terms.  

    1. IMPORTANT - Medical and Crisis Disclaimers This section reiterates the critical limitations of our Services. Your use of the Services is subject to your acknowledgment and acceptance of these disclaimers.

    Not a Medical Service: The Services are for informational, educational, and self-help purposes only. They do not provide medical advice, diagnosis, or treatment. The Services are not a substitute for professional care from a physician, psychologist, psychiatrist, or other qualified healthcare provider. Always consult a qualified professional for any health concerns.  

    AI Coach Limitations: Your "coach" is an Artificial Intelligence (AI) program, not a human professional. Its suggestions are not personalized medical advice and should be evaluated with your own judgment.

    CRISIS WARNING: THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL OR MENTAL HEALTH CRISIS. IF YOU ARE EXPERIENCING AN EMERGENCY, FEELING SUICIDAL, OR CONSIDERING HARMING YOURSELF OR OTHERS, IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY NUMBER. DO NOT RELY ON THE SERVICES.

    Contraindicated Conditions: The Services are not intended for the treatment of severe mental health conditions, including but not limited to suicidal ideation, schizophrenia, severe depression, or eating disorders. Use of the Services for such conditions is strictly prohibited and could be dangerous.

    1. Privacy Your privacy is critically important to us. Our collection and use of your personal information in connection with the Services is described in our Privacy Policy. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. Our practices are designed to comply with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec's Act respecting the protection of personal information in the private sector. Please review the Privacy Policy carefully.  

    2. Eligibility and Account Security You must be at least 16 years of age to use the Services. If you are under the age of majority in your province or territory of residence, you may only use the Services with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or guardian of a minor using the Services, you are fully responsible for their acts and omissions. Note that under Quebec law, consent from a parent or guardian is required to collect personal information from a child under the age of 14.  

    You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.  

    1. Fees, Subscriptions, and Payment Terms Subscriptions: We offer access to certain features of the Services through auto-renewing subscriptions ("Subscriptions"). Details of the available Subscriptions, including pricing and features, are described within the Services.  

    Billing and Payment: By purchasing a Subscription, you authorize us to charge your designated payment method (e.g., credit card) for the applicable fees, including any taxes. You represent and warrant that you have the legal right to use the payment method you provide.  

    Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL IT AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. The renewal fee will be the same as the original subscription price, unless we notify you otherwise in advance.

    Cancellation: You may cancel your Subscription at any time through your account settings in the app or the relevant app store (e.g., Apple App Store, Google Play Store). The cancellation will take effect at the end of the current billing period, and you will have access to the Subscription features until then.  

    Refunds: All payments for Subscriptions are non-refundable and non-transferable, except as expressly provided in these Terms or as required by applicable law.  

    1. Intellectual Property Rights The Services and all of their content, including the software, AI models, text, graphics, images, and trademarks (the "Content"), are the exclusive property of Dailybite Inc. and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial use, subject to these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Content, nor may you reverse engineer or attempt to extract the source code of the software.  

    2. User-Generated Content If the Services allow you to create, post, or store content, such as journal entries or feedback ("User Content"), you retain ownership of your User Content. However, you grant Dailybite a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and distribute your User Content in an anonymized and aggregated form for the purposes of operating, improving, and developing our Services, including training our AI models. We will never use your User Content in a way that personally identifies you without your explicit consent.

    3. User Conduct and Prohibited Activities You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. You agree you will not:

    Use the Services for any illegal or unauthorized purpose;

    Engage in any harassing, threatening, intimidating, or predatory conduct;

    Use or attempt to use another user's account without authorization;

    Reverse engineer any aspect of the Services or do anything that might discover source code;

    Attempt to circumvent any content-filtering techniques we employ.  

    We reserve the right to suspend or terminate your account if you violate these rules.  

    1. Disclaimers of Warranties THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYBITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

    2. Limitation of Liability and Indemnification Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILYBITE OR THE DAILYBITE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DAILYBITE AND THE DAILYBITE PARTIES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD) OR THE AMOUNT YOU PAID TO US, IF ANY, FOR USE OF THE SERVICES.  

    Indemnification: You agree to indemnify, defend, and hold harmless Dailybite and the Dailybite Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services or your violation of these Terms.  

    1. Term and Termination These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by deleting your account and ceasing all use of the Services. We may, in our sole discretion, suspend or terminate your access to the Services at any time, for any reason, including for a breach of these Terms.  

    2. Dispute Resolution, Arbitration, and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

    Mandatory Arbitration: You and Dailybite agree to waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes will be resolved through confidential, binding arbitration administered by a neutral arbitrator.

    Class Action Waiver: YOU AND DAILYBITE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.  

    Opt-Out: You may opt out of this arbitration agreement. If you do so, neither you nor Dailybite can force the other to arbitrate. To opt out, you must notify us in writing within 30 days of the date you first become subject to this arbitration provision. Your written notification must include your name, address, and a clear statement that you want to opt out of this arbitration agreement.

    Exceptions: This arbitration agreement does not apply to disputes related to intellectual property rights or to small claims court actions.

    1. Governing Law and Jurisdiction These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Province of [Insert Your Province, e.g., Ontario] and the federal laws of Canada applicable therein, without regard to its conflict of law principles. You agree that any legal action or proceeding that is not subject to arbitration shall be brought exclusively in the courts located in.  

    2. General Provisions Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and Dailybite regarding the Services and supersede all prior agreements.  

    Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.

    Contact Information: If you have any questions about these Terms, please contact us at: [Insert Legal Contact Email, e.g., legal@dailybite.app].