End User License Agreement

Agreement and parties

This End User License Agreement (“EULA”) is between you and [To confirm: registered legal entity name] (“Dayly”) and governs your use of the Dayly mobile application (the “App”). By downloading, installing or using the App you accept this EULA. Your use of the Dayly service is also subject to our Terms & Conditions and Privacy Policy.

If this EULA conflicts with the Terms & Conditions on the licence to the App software, this EULA prevails; on everything else, the Terms & Conditions prevail.

Licence to use the App

Dayly grants you a limited, personal, non-exclusive, non-transferable, revocable licence to download, install and use the App on devices you own or control, for your personal, non-commercial use, in accordance with this EULA and the usage rules of the app marketplace you obtained it from.

Permitted and prohibited use

You may use the App to access the Dayly service as described in our Terms. You must not:

• copy, modify, translate or create derivative works of the App;
• decompile, reverse-engineer or disassemble the App, except as permitted by law;
• rent, lease, lend, sell, sublicense or distribute the App;
• remove or alter any proprietary notices;
• circumvent security features, or use bots, scrapers or automated means to access the App;
• use the App in breach of any law or our Community Guidelines.

Intellectual property

The App is licensed, not sold. Dayly and its licensors retain all rights, title and interest in the App, including all intellectual property rights. Content you post remains yours, as set out in the Terms & Conditions.

Updates, availability and termination

We may release updates that fix bugs, add or remove features, or are required for security. Some updates may be required to keep using the App. The App may not be available in every region or on every device.

This EULA lasts until terminated. It ends automatically if you breach it, and you may end it at any time by deleting the App and your account. On termination you must stop using and delete the App.

Warranty disclaimer and limitation of liability

To the maximum extent permitted by law, the App is provided “as is” without warranties of any kind. Dayly’s liability in connection with the App is limited as set out in the Terms & Conditions. Nothing in this EULA limits rights that cannot be excluded under applicable law.

Additional terms for Apple App Store downloads

Commonly required disclosure · Apple App Store requirements

If you downloaded the App from the Apple App Store, you also acknowledge and agree that:

• This EULA is between you and Dayly only, not Apple Inc. (“Apple”). Dayly, not Apple, is solely responsible for the App and its content.
• The licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Dayly is solely responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Dayly, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection claims.
• Dayly, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your mobile carrier’s terms) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and, once you accept it, Apple may enforce it against you.

[To confirm: counsel to compare against the current Apple Licensed Application EULA minimum terms]

Additional terms for Google Play downloads

If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service. Google is not a party to this EULA and is not responsible for the App.

Developer contact

Commonly required disclosure · Apple App Store requirements

Questions, complaints or claims about the App: [To confirm: registered legal entity name], [To confirm: registered office address], email [To confirm: support email]. Governing law and jurisdiction are as set out in the Terms & Conditions (the laws of India).