Terms of Use
Thank you for joining Dayming (“We”, “Us”, or “Company”). These Terms of Use, together with the Privacy Policy and any other documents they expressly incorporate, set forth the terms and conditions under which you may access and use the services, mobile application, and any other product provided or operated by Dayming (the “Service(s)”), including any content and functionality offered through them (collectively referred to as the “Agreement”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE.
By using the Service, you represent that you are at least 15 years old. You also accept and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to change, add, or remove portions of these Terms of Use at any time, at our sole discretion. Your continued use of the Service following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms of Use periodically.
Legal Notice
Dayming (“Dayming”, “We”, “Us”, or “Our”) is operated by DAYMING, a Société par Actions Simplifiée à associé unique (SASU) with a share capital of 100 euros, registered with the Paris Trade and Companies Register (RCS) under number 944 442 458, whose registered office is located at 60 rue François 1er, 75008 Paris, France.
Dayming provides users (“User”, “You”, or “Your”) with a mobile application (“App”) that offers digital assistance to help achieve personal goals through planning, gamification, and AI-powered suggestions. These Terms of Use govern your use of the Services and may be supplemented by specific terms relating to particular features or offers (“Specific Terms”). In the event of a conflict between these Terms and any Specific Terms, the Specific Terms shall prevail.
You confirm that you have reached the legal age of majority in your country of residence, or that you have obtained parental or legal guardian consent to use the Services.
Dayming does not provide medical or psychological advice. Our services are not intended as a substitute for professional medical or mental health diagnosis, treatment, or advice. You should consult a qualified professional before making any decisions that could affect your health or well-being.
Article 1. Definitions
Unless otherwise stated in these Terms or in any applicable Specific Terms, or unless the context requires otherwise, the following capitalized terms shall have the meanings set forth below:
- Account: The personal user account that allows you to access the Service(s) using your login credentials.
- AI: Artificial intelligence systems and models integrated into the Service(s) to provide personalized content and planning suggestions.
- App: The Dayming mobile application through which the Services are made available to Users.
- Dayming: The platform and services offered and operated under the Dayming name, accessible via the App or any other future medium.
- Party or Parties: Individually refers to either the User or Dayming; collectively refers to both.
- Privacy Policy: The document that explains how Dayming collects, processes, and protects personal data of Users.
- Service(s): All functionalities, features, and digital services provided through the Dayming App, including planning tools, content recommendations, gamified goal-tracking, and other related services.
- Site: The official website of Dayming, at the address: https://www.dayming.com
- Specific Terms: Any additional terms applicable to a specific functionality, feature, or promotional offer within the App.
- Subscription: A paid or free plan that grants the User access to certain Services, renewable on a recurring basis unless cancelled.
- Terms of Use: The present agreement governing the use of the Service(s).
User: Any individual who creates an Account and uses the Services, whether under a free or paid Subscription.
Article 2. Subscription to the Service(s)
2.1 You may subscribe to the Service(s) of your choice under the conditions specified on the subscription page of the App or any other platform through which the Services are made available. The subscription (the “Subscription”) is offered for a fixed period (the “Term”) at the applicable price (the “Subscription Price”). Certain features of the Service(s) may be accessible free of charge, while others require a paid Subscription.
2.2 Your Subscription is confirmed upon your explicit acceptance of these Terms of Use, and, where applicable, any Specific Terms. Acceptance is made by checking the appropriate box during the Subscription process and proceeding with payment of the Subscription Price. You will receive confirmation of your Subscription by email or via a notification within the App.
2.3 Subscription fees are generally non-refundable. It is your responsibility to cancel your Subscription before the end of the current Term to avoid automatic renewal and billing for the following period. Cancellation can be made through the account settings available in the App or through the applicable app store (e.g., Apple App Store or Google Play Store), depending on the platform used to subscribe.
2.4 We reserve the right to modify the Subscription Price and the content of the Service(s) at any time. In the event of such changes, you will be notified in advance. Any changes to the Subscription Price will apply only to future renewals and not to the current Term, unless otherwise stated. If you do not agree with the new pricing or conditions, you may cancel your Subscription in accordance with the termination terms described in Article 7.
2.5 You agree not to initiate chargebacks or payment disputes without first contacting us to resolve any concerns related to billing or the Service(s). We encourage you to reach out to our support team before taking any action through your payment provider.
Article 3. Access to the Service(s)
3.1 User identification and contact information
Upon confirmation of your Subscription, you must create your Account by completing the registration process and providing complete, accurate, current, and truthful identification and contact information. You acknowledge that providing incomplete, inaccurate, or outdated information may prevent or restrict your access to the Service(s). Once your registration is validated, you may access the Service(s) using your login credentials (email and password).
3.2 Login and password
You are solely responsible for maintaining the confidentiality and security of your login and password. You must take all necessary steps to prevent any loss, theft, or unauthorized access to your Account. You acknowledge that any access to or use of your Account using your credentials will be deemed to have been made by you. You agree to inform us immediately in the event of loss, theft, or unauthorized use of your login credentials.
3.3 Environment, equipment, and technical requirements
Access to the Service(s) is provided remotely. You are responsible for having all necessary equipment, software, and internet access to use the App. It is your responsibility to ensure that your environment and device(s) are compatible with the Service(s). We shall not be held liable for any incompatibility or failure due to your technical setup.
Article 4. The Service(s)
4.1 Description of the Service(s)
You may access the Service(s) corresponding to your chosen Subscription. A full and updated description of the available Service(s) is provided within the App and/or on the official Dayming website (when available). Some features may use artificial intelligence to personalize your experience. You are encouraged to review the descriptions carefully before subscribing. For any additional information, you may contact our support team.
4.2 Licensing
We grant you a limited, non-exclusive, non-transferable, revocable, personal license to access and use the App and its Services, worldwide and royalty-free, solely for your personal, non-commercial use and in accordance with these Terms of Use.
You agree not to:
- Reverse-engineer, decompile, disassemble, or otherwise attempt to access the source code of the App or its components;
- Copy, reproduce, modify, or create derivative works based on any part of the App or the Services;
- Rent, lease, sublicense, distribute, or otherwise make the App or any portion of the Services available to third parties.
Violation of these terms may result in the suspension or termination of your access to the Service(s), without prejudice to any legal remedies available to us.
Article 5. Rules of Use of the Service(s)
5.1 Compliant use of the Service(s)
You agree to use the Service(s) in full compliance with these Terms of Use, any applicable Specific Terms, and all applicable laws and regulations in force.
5.2 Improper use of the Service(s)
You agree not to misuse the Service(s), including but not limited to:
- Using the Service(s) for any purpose other than those expressly authorized under these Terms of Use and, where applicable, Specific Terms;
- Violating any applicable law or regulation;
- Disturbing public order or engaging in behavior that is offensive, defamatory, or contrary to accepted standards of decency;
- Disrupting or compromising the operation or security of the Service(s), including but not limited to introducing viruses, malware, or other malicious technologies;
- Infringing upon the rights and interests of Dayming, other Users, or any third party;
- Violating the intellectual or industrial property rights of Dayming, other Users, or third parties;
- Infringing upon the privacy or personal data of other Users or third parties.
The Service(s) do not include or replace professional, medical, legal, or psychological advice. You agree not to use the Service(s) for such purposes.
5.3 Use of the content of the Service(s)
You agree not to engage in any unauthorized use of the content of the Service(s), including but not limited to:
- Reproducing, representing, or adapting all or part of the Service(s) or its content, including but not limited to trademarks, names, logos, texts, images, videos, music, drawings, software, databases, and other materials;
- Creating derivative works or services based on all or part of the Service(s);
- Selling, licensing, leasing, lending, or otherwise distributing any part of the Service(s) or its content;
- Extracting or attempting to extract all or part of the Service(s) or its content by any technical or manual means;
- Reverse-engineering, decompiling, disassembling, or attempting to discover the source code of any part of the Service(s);
- Removing any intellectual property notices or rights statements associated with the Service(s);
- Infringing upon the intellectual or industrial property rights of Dayming or any third party in any manner whatsoever.
5.4 Content provided by You
When using the Service(s), you may submit content, including personal notes, responses, goals, or other data. You agree not to submit any content that is false, misleading, defamatory, abusive, violent, obscene, hateful, discriminatory, racist, sexist, xenophobic, homophobic, pornographic, or otherwise offensive or illegal.
You remain solely responsible for the content you submit. You agree to indemnify and hold Dayming harmless from any claim, liability, or legal action arising from such content. We reserve the right to remove any clearly illegal or inappropriate content, including upon notification by other users or third parties.
Article 6. Obligations, Warranties and Liability
6.1 Obligations
We undertake to provide the Service(s) on a best-efforts basis. We regularly monitor the functionality and accessibility of the Service(s) and may temporarily interrupt access for maintenance, updates, or improvements. We shall not be held liable for any such interruption.
6.2 Warranties
Unless otherwise specified in any applicable Specific Terms, the Service(s) are provided on an “as is” and “as available” basis. We make no express or implied warranties or representations, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted access, or absence of errors or defects.
You assume full responsibility for your use of the Service(s), including any decisions, actions, or changes in your personal or professional life that may result. The suggestions and content provided through the App, including those generated via artificial intelligence, are informational and do not constitute professional advice. Such content may be incomplete, inaccurate, or unsuited to your specific needs or circumstances.
We do not warrant that:
- The Service(s) will be free from viruses or other harmful components;
- The Service(s) will operate without interruption or error;
- Your technical environment will be compatible with the Service(s);
- Any errors or failures will be corrected.
6.3 Liability
We shall not be liable for any damages resulting from:
- Malfunctions or interruptions of the internet, or of your hardware, software, or environment;
- Loss, corruption, or alteration of your data during use of the Service(s);
- Loss, theft, or unauthorized use of your login credentials;
- Improper or unlawful use of your Account or the Service(s);
- Breach of these Terms of Use by you or by any third party acting on your behalf;
- Force majeure events as recognized under French law.
If our liability is established for any direct, foreseeable, and proven damage resulting from a breach of our obligations under these Terms of Use, such liability shall in all cases be limited to the amount you paid to us for the relevant Service(s) over the twelve (12) months preceding the event giving rise to liability.
Except where prohibited by law, we shall in no event be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of profits or data, even if we were advised of the possibility of such damages.
The above exclusions do not apply to cases of fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence or willful misconduct.
No legal action arising from these Terms of Use may be initiated by you more than one (1) year after the date on which you became aware of the cause of the claim.
Article 7. Termination of the Service(s)
7.1 Withdrawal
If you are a consumer subject to European Union regulations, you have the right to withdraw from these Terms of Use within fourteen (14) days from the date of your registration, without giving any reason, except where execution of the Service(s) has already begun before the end of that period.
To exercise your right of withdrawal, you must notify us of your decision by submitting a request through the refund form available in the Help Center section of the App. We will acknowledge receipt of your withdrawal request.
To meet the withdrawal deadline, it is sufficient that you send your notice before the fourteen (14)-day period has expired. If you exercise your right of withdrawal, we will reimburse any payments received from you without undue delay and in any event within fourteen (14) days from the date we are informed of your decision. Reimbursement will be made using the same payment method used for the original transaction, unless you expressly agree otherwise. No fees will be charged for the reimbursement.
7.2 Termination of the Service(s) by the User
You may cancel your Subscription to the Service(s) at any time, for any reason, and without prior notice by following the termination procedure available in the App or through your app store account.
If your Subscription includes a free trial period, cancellation must be performed by you via the App at least twenty-four (24) hours before the end of the trial period to avoid being charged. If you cancel your Subscription after the free trial has ended, you may remain liable for the payment of the following billing period, depending on your store’s billing policies.
7.3 Termination of the Service(s) by Dayming
We reserve the right to suspend or terminate your access to the Service(s) in the event of a material or repeated breach of these Terms of Use or any applicable Specific Terms, including but not limited to failure to pay, infringement of intellectual property rights, or harm to other users or third parties.
Where possible, we will give you thirty (30) days’ notice to remedy the breach before proceeding to suspension or termination. However, we may terminate or suspend your access immediately if required by law or a court decision.
7.4 Effects
Termination of the Service(s), regardless of the cause, shall entail: (i) the termination of these Terms of Use and any applicable Specific Terms;
(ii) the cessation of your access to the Service(s);
(iii) the closure of your Account and deletion of your access credentials and personal data associated with the Services, subject to applicable legal retention periods;
(iv) the deletion of any content or data provided by you via the Service(s).
Any clauses of these Terms of Use intended to survive termination shall remain in effect. Termination does not affect any existing rights, liabilities, or claims that may have accrued prior to termination.
7.1 Withdrawal
If you are a consumer subject to European Union regulations, you have the right to withdraw from these Terms of Use within fourteen (14) days from the date of your registration, without giving any reason, except where execution of the Service(s) has already begun before the end of that period.
To exercise your right of withdrawal, you must notify us of your decision by submitting a request through the refund form available in the Help Center section of the App. We will acknowledge receipt of your withdrawal request.
To meet the withdrawal deadline, it is sufficient that you send your notice before the fourteen (14)-day period has expired. If you exercise your right of withdrawal, we will reimburse any payments received from you without undue delay and in any event within fourteen (14) days from the date we are informed of your decision. Reimbursement will be made using the same payment method used for the original transaction, unless you expressly agree otherwise. No fees will be charged for the reimbursement.
7.2 Termination of the Service(s) by the User
You may cancel your Subscription to the Service(s) at any time, for any reason, and without prior notice by following the termination procedure available in the App or through your app store account.
If your Subscription includes a free trial period, cancellation must be performed by you via the App at least twenty-four (24) hours before the end of the trial period to avoid being charged. If you cancel your Subscription after the free trial has ended, you may remain liable for the payment of the following billing period, depending on your store’s billing policies.
7.3 Termination of the Service(s) by Dayming
We reserve the right to suspend or terminate your access to the Service(s) in the event of a material or repeated breach of these Terms of Use or any applicable Specific Terms, including but not limited to failure to pay, infringement of intellectual property rights, or harm to other users or third parties.
Where possible, we will give you thirty (30) days’ notice to remedy the breach before proceeding to suspension or termination. However, we may terminate or suspend your access immediately if required by law or a court decision.
7.4 Effects
Termination of the Service(s), regardless of the cause, shall entail: (i) the termination of these Terms of Use and any applicable Specific Terms;
(ii) the cessation of your access to the Service(s);
(iii) the closure of your Account and deletion of your access credentials and personal data associated with the Services, subject to applicable legal retention periods;
(iv) the deletion of any content or data provided by you via the Service(s).
Any clauses of these Terms of Use intended to survive termination shall remain in effect. Termination does not affect any existing rights, liabilities, or claims that may have accrued prior to termination.
Article 8. Personal Data
We process your personal data in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) where applicable.
For more information on how we collect, use, store, and protect your personal data, please refer to our [Privacy Policy].
Article 9. Intellectual Property
Although we grant you permission to use the Service(s) in accordance with these Terms of Use, we retain all rights, title, and interest in and to the Service(s), including all related intellectual property rights.
You do not acquire any ownership rights in the Service(s) and agree not to take any action that would infringe or otherwise prejudice our intellectual property rights.
By providing feedback, suggestions, or improvement ideas regarding the App or Service(s), you agree that such feedback becomes the exclusive property of Dayming. You assign all rights, title, and interest in such feedback to us, and we are free to use it for any purpose, including the development and improvement of the Service(s), without any compensation or obligation to you.
For more information on how we collect, use, store, and protect your personal data, please refer to our [Privacy Policy].
Article 10. Confidentiality
The information shared by you when using the Service(s) will remain strictly confidential, unless you show explicit indications of intending to harm yourself or others, or unless you explicitly consent to share your experience with the Dayming team or with the public.
Notwithstanding the above, we may use your information in anonymized or aggregated form for the purposes of improving the Service(s), analyzing usage trends, and developing new features. Such use shall never allow you to be personally identified.
Article 11. Third-Party Links and Content
Article 12. Miscellaneous
12.1 Modifications and Updates to the Terms of Use
We reserve the right to modify or update these Terms of Use, or any applicable Specific Terms, at any time for legal, regulatory, technical, or security reasons, or to reflect changes in the Service(s). Updates will be communicated via appropriate means, including a notice within the App or your Account.
Unless stated otherwise, modifications shall take effect upon publication. If you do not accept the changes, you must cease use of the Service(s) and terminate your Account in accordance with the termination provisions herein.
12.2 Severability
If any provision of these Terms of Use or any applicable Specific Terms is found to be invalid or unenforceable under applicable law, the remainder of the Terms shall remain valid and enforceable. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
12.3 No Waiver
The failure of either party to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be expressly confirmed in writing to be effective.
Article 13. Applicable Law – Jurisdiction
13.1 Applicable Law
These Terms of Use, and any applicable Specific Terms, are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
13.2 Jurisdiction
In the event of a dispute relating to the interpretation or application of these Terms of Use, we will seek an amicable resolution, including through mediation if necessary.
Where no amicable solution is reached, the dispute shall be submitted to the competent courts under French law.
European users may also use the Online Dispute Resolution platform provided by the European Commission, when applicable and legally required.