Welcome to WayDay! These Terms of Use ("Terms") establish the legal relationship between you and WayDay ("WayDay", "we", "our", or "us"), governing your use of the WayDay mobile application for iOS (the "App"), WayDay account, and all other software, features and content provided by us (collectively, the "WayDay Services").

By downloading, accessing, or using any part of the WayDay Services, you agree to be bound by these Terms. If you do not accept these Terms, please refrain from using the WayDay Services.

We may update these Terms periodically. We will notify you of any changes by revising the date at the top of the Terms and, if necessary, provide additional notice. It is your responsibility to review the Terms regularly for updates.

1. About WayDay Services

The WayDay Services are designed to help you organize your tasks, build positive habits, and boost your productivity. The core features of the WayDay Services include:

• Creating and managing to-do lists
• Setting reminders and due dates for tasks
• Tracking your progress on habits and goals
• Accessing your data across multiple devices

Some features of the WayDay Services may require you to create a WayDay account, while others may be accessible without registration. We will clearly indicate which features require an account.

2. Eligibility and Account Creation

You must be at least 13 years old to use the WayDay Services. By agreeing to these Terms, you confirm that you meet this age requirement. If you are between 13 and 18 years old, you confirm that your legal guardian has reviewed and agreed to these Terms on your behalf.

To access certain WayDay Services, you may need to create a WayDay account. When registering, you agree to provide accurate and up-to-date information, and to keep your login credentials confidential. You are fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, notify us immediately at support@wayday.com.

3. Use of WayDay Services

Subject to your compliance with these Terms, WayDay grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the App on your personal iOS device for your own non-commercial use.

When using the WayDay Services, you agree to:

• Comply with all applicable laws and regulations;
• Respect the rights of others, including their intellectual property and privacy rights;
• Use the WayDay Services only for lawful and appropriate purposes;
• Not post or distribute any harmful, obscene, or otherwise objectionable content;
• Not interfere with the security or proper functioning of the WayDay Services;
• Not attempt to gain unauthorized access to any part of the WayDay Services;
• Not impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Not use automated means to access the WayDay Services without our express permission.

We reserve the right to suspend or terminate your access to the WayDay Services if we reasonably believe that you have violated these Terms.

4. User Content

The WayDay Services allow you to create, upload, and store various types of content, such as tasks, notes, images, and account information ("User Content"). You retain ownership of your User Content and are solely responsible for it.

By making your User Content available through the WayDay Services, you grant WayDay a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, and perform your User Content in connection with operating and providing the WayDay Services.

You represent and warrant that:

• You own or have the necessary rights to your User Content;
• Your User Content does not infringe on third party rights or violate any applicable laws;
• Your User Content does not contain any harmful, obscene, or otherwise objectionable material.

We reserve the right to remove any User Content that we reasonably believe violates these Terms or may harm the WayDay Services or our users.

5. Intellectual Property

The WayDay Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by WayDay or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the WayDay Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the WayDay Services, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the WayDay Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the WayDay Services.

6. Third-Party Services

The WayDay Services may provide links to or allow you to access third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services ("Third-Party Services").

WayDay does not control any Third-Party Services and is not responsible for their content, availability, or any use of them. Access to any Third-Party Services is at your own risk, and you acknowledge and agree that WayDay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Services.

We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you visit or use.

7. Termination

We may terminate or suspend your access to the WayDay Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

Upon termination, your right to use the WayDay Services will immediately cease. If you wish to terminate your WayDay account, you may simply discontinue using the WayDay Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Indemnification

You agree to defend, indemnify, and hold harmless WayDay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the WayDay Services, including, but not limited to, your User Content, any use of the WayDay Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the WayDay Services.

9. Disclaimers

YOUR USE OF THE WAYDAY SERVICES IS AT YOUR SOLE RISK. THE WAYDAY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WAYDAY SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WAYDAY, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

• THE WAYDAY SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
• ANY ERRORS OR DEFECTS WILL BE CORRECTED;
• THE WAYDAY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OF USING THE WAYDAY SERVICES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE WAYDAY SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS RESULTING FROM YOUR USE OF THE WAYDAY SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAYDAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WAYDAY SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WAYDAY SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WAYDAY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00).

11. Governing Law and Dispute Resolution

All matters relating to the WayDay Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the WayDay Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At WayDay's sole discretion, it may require you to submit any disputes arising from the use of these Terms or the WayDay Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

12. Miscellaneous

These Terms constitute the entire agreement between you and WayDay regarding the WayDay Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the WayDay Services.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our WayDay Services, and supersede and replace any prior agreements we might have had between us regarding the WayDay Services.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the WayDay Services after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

Прошу прощения за недоразумение. Вот адаптированные части Terms of Use с 13 по 17 для вашего приложения WayDay:

13. Changes to the WayDay Services

We are constantly striving to improve the WayDay Services and may change or discontinue any part of the WayDay Services, for any reason and at any time, at our sole discretion. We may release new features, change existing features, or remove features entirely. If we make material changes, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a notice within the WayDay Services or updating the "Last Updated" date at the top of these Terms.

We reserve the right to limit your use of the WayDay Services, including the number of tasks, habits, or goals you can create, the amount of storage space you have, or the frequency or duration of your usage sessions. We may also restrict, suspend, or terminate your access to the WayDay Services if we believe that you may be in breach of these Terms or applicable law.

14. Changes to the Terms

We reserve the right to modify these Terms or any additional terms that apply to the WayDay Services, for example to reflect changes to the law or changes to the WayDay Services. We will notify you of any material changes by posting the updated Terms on this website and updating the "Last Updated" date above. If you disagree with the revised Terms, you may terminate your use of the WayDay Services.

Your continued use of the WayDay Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms. If you do not agree to the modified Terms, you must stop using the WayDay Services.

15. Additional Provisions

We may transfer our rights and obligations under these Terms to another organization. We will always inform you if this happens and we will ensure that the transfer will not affect your rights under these Terms.

This contract is between you and WayDay. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16. App Store Additional Terms

The following terms are related to your use of any version of the App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider").

You acknowledge and agree that:

• These Terms are concluded between you and WayDay, and not with the App Provider, and WayDay (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WayDay.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, WayDay will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
• 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 terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third-party terms of service when using the App.

17. Contact Us

If you have any questions, complaints, or claims with respect to the WayDay Services, you may contact us at: support@wayday.com