Terms of Service
These Terms of Service (the “Terms”) are a legal agreement between you and Eudaimonia Digital, LLC, an Oklahoma limited liability company doing business as Daily Checkup (“Daily Checkup,” “we,” “us,” or “our”) and govern your access to and use of our website at dailycheckup.com and related webpages, the Daily Checkup mobile and web applications, and related consumer-facing content and services. We refer to these websites, applications, content, and services collectively as the “Service.”
By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.
If there is a conflict between these Terms and the Privacy Policy about the collection, use, disclosure, retention, deletion, or other handling of personal information or consumer health data, the Privacy Policy controls.
I. Eligibility and Acceptance
You may use the Service only if:
- you are at least 18 years old;
- you have the legal capacity to agree to these Terms; and
- your use of the Service is permitted by applicable law.
You must be at least 18 years old to create an account or use the mobile or web application. By creating an account or using the application, you represent that you are at least 18 years old. The public website and its content are not directed to children, and individuals under 18 must not submit personal information through the Service.
The Service is currently intended for users in the United States. If you are located in the EU, UK, or Canada, do not use the Service until our international privacy disclosures and related terms are published.
II. Important Health Disclaimer
Daily Checkup is not a medical device and does not provide medical advice, diagnosis, or treatment.
The Service is a consumer health and wellness tracking tool. It helps you record information such as medication schedules, symptoms, adherence, and related self-reported wellness information. It is not a substitute for professional medical judgment or care.
You should always consult a qualified healthcare professional before making decisions about medications, dosage, treatment, or symptom management.
Do not use the Service for emergencies. If you think you have a medical emergency, call 911 or seek immediate medical care.
Any educational content, summaries, reminders, or other information presented in the Service is provided for general informational purposes only. It is not medical advice and should not be treated as a diagnosis, treatment plan, or recommendation to start, stop, or change any medication or other care.
III. Your Account
You are responsible for your account and for all activity that happens through it.
You agree to:
- provide accurate, current, and complete information;
- keep your login credentials confidential;
- maintain only one account for yourself unless we expressly allow otherwise;
- update your information if it changes; and
- notify us promptly at info@dailycheckup.com if you believe your account has been accessed without authorization.
We can suspend or restrict access to your account if we believe your account is compromised or being used in violation of these Terms.
IV. Limited License
Subject to these Terms, Daily Checkup grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, non-commercial health and wellness tracking purposes.
This license does not give you any ownership rights in the Service, software, content, trademarks, or technology. We reserve all rights not expressly granted to you.
V. Beta, Pilot, and Evolving Features
Some features can be marked or released as beta, pilot, preview, or early access features. Those features can change, be suspended, or be removed at any time. We can also add, modify, or discontinue parts of the Service over time.
If we add materially new features that require materially new data practices, we will update the Privacy Policy and provide any notice or consent required by law before those changes take effect.
VI. User Content
A. Your Ownership
You retain ownership of the information and content you enter into the Service, including your notes, journal entries, symptom logs, medication details, and other user-submitted content (“User Content”).
B. License to Us
You grant Daily Checkup a limited, non-exclusive, revocable, worldwide license to host, store, reproduce, transmit, format, display internally, and otherwise process your User Content only as needed to provide, maintain, secure, back up, troubleshoot, and support the Service in accordance with these Terms and the Privacy Policy.
C. No AI Training Without Separate Opt-In
We will not use your User Content to train models or improve artificial intelligence systems unless you separately and expressly opt in to that use.
D. Your Responsibility for User Content
You are responsible for the accuracy and legality of the User Content you submit. If you choose to enter inaccurate or incomplete information, the Service can produce incomplete or inaccurate logs, reminders, or summaries.
VII. Feedback
If you send us suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any lawful purpose without compensation to you.
If your feedback includes personal information, health information, or other sensitive information, we will handle that information in accordance with the Privacy Policy.
VIII. Prohibited Conduct
You agree not to:
- use the Service if you are under 18;
- impersonate another person or misrepresent your identity;
- submit false or misleading information to us in connection with your account or use of the Service;
- use the Service to violate any law or regulation;
- reverse engineer, decompile, disassemble, copy, scrape, or otherwise attempt to extract source code or underlying technology from the Service;
- access the Service through unauthorized means or attempt to bypass security controls;
- interfere with the operation or security of the Service;
- use bots, scripts, crawlers, or automated methods to access the Service except through authorized features;
- upload malicious code or harmful material;
- use the Service to build, benchmark, or support a competing product or service;
- access or use the Service on behalf of a competitor for competitive intelligence or similar purposes; or
- use the Service in a way that infringes or violates anyone else’s rights.
IX. Communications and Reminders
If you enable reminders, notifications, or account communications, you agree that we can send service-related messages through the app, email, push notification, or other communication methods you have enabled. You can manage certain communication preferences in your account settings where available.
Marketing communications, if offered, are governed by the choices you make at signup or in your account settings and can be unsubscribed from separately.
X. Paid Features and Subscriptions
The Service can include free features and, in the future, paid subscriptions or other paid features.
If we introduce paid features:
- pricing, billing terms, renewal terms, and cancellation terms will be shown to you at the time of purchase;
- additional purchase terms can apply through Apple, Google, or another platform provider; and
- your use of the paid feature will be subject to those additional terms as well as these Terms.
Until paid features are offered, nothing in this section creates an obligation for you to pay.
XI. Privacy
Our Privacy Policy explains how we collect, use, protect, and share information. By using the Service, you acknowledge that you have read and agreed to the Privacy Policy.
XII. Suspension and Termination
A. By You
You can stop using the Service at any time. You can also delete your account through available account settings or by contacting us at info@dailycheckup.com.
B. By Us
We can suspend, limit, or terminate your access to the Service if:
- you violate these Terms;
- we reasonably believe your account poses a security risk;
- we are required to do so by law; or
- we decide to discontinue the Service or a feature.
C. Effect of Termination
When your account is deleted or terminated, your right to use the Service ends. We will handle your information as described in the Privacy Policy, including our deletion and retention practices.
XIII. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis.
We do not guarantee that:
- the Service will always be available, uninterrupted, timely, secure, or error-free;
- any feature will continue to be offered;
- any reminder, summary, or notification will always be delivered on time; or
- the Service will meet all of your expectations or needs.
Because the Service depends in part on information you provide, Daily Checkup is not responsible for results caused by inaccurate, incomplete, or outdated information entered by you.
Nothing in this section changes or limits the health disclaimer in Section II.
XIV. Limitation of Liability
To the maximum extent permitted by law, Daily Checkup and its affiliates, members, managers, service providers, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or use, arising out of or related to the Service or these Terms.
To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of:
- the amount you paid us for the Service in the 12 months before the event giving rise to the claim; or
- US$100.
Nothing in these Terms limits or excludes liability:
- that cannot legally be limited or excluded;
- for our gross negligence or willful misconduct; or
- for our gross negligence or willful misconduct in connection with the handling of your health-related data.
XV. Indemnity
You agree to indemnify and hold harmless Daily Checkup and its affiliates, members, managers, and personnel from claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your misuse of the Service;
- your violation of these Terms; or
- your violation of any law or the rights of another person.
XVI. Informal Dispute Resolution
Before starting arbitration, you and Daily Checkup agree to try to resolve the dispute informally first.
If you have a dispute with us, you must send a written notice describing the dispute and the relief you seek to info@dailycheckup.com. If we have a dispute with you, we will send notice to the email address associated with your account.
The parties will then have 30 days from receipt of the notice to try to resolve the dispute informally.
XVII. Binding Arbitration
If a dispute is not resolved through the informal process above, it will be resolved by binding arbitration, except for the limited court rights described below.
A. Arbitration Rules
The arbitration will be administered by the International Centre for Dispute Resolution (ICDR) under its applicable rules in effect at the time the arbitration is started.
B. Seat, Language, and Format
- The seat of arbitration will be Oklahoma City, Oklahoma.
- The arbitration will be conducted in English.
- Remote hearings by video, telephone, or similar means are permitted.
C. Individual Claims Only
You and Daily Checkup agree that any dispute will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
D. Jury Trial Waiver
You and Daily Checkup waive any right to a jury trial for claims covered by this arbitration section.
E. Court Carve-Out
Nothing in these Terms prevents either party from going to court to seek temporary, preliminary, or permanent injunctive relief to protect confidential information, intellectual property, account security, or the Service from unauthorized access or misuse.
F. Class Action Waiver Severability
If the class, collective, consolidated, representative, or private attorney general waiver in Section XVII.C is found to be unenforceable, invalid, or illegal as to any claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction and not in arbitration, and the remainder of this Section XVII shall remain enforceable to the fullest extent permitted by law.
XVIII. Governing Law
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Oklahoma, without regard to conflict of law principles.
XIX. Changes to These Terms
We can update these Terms from time to time. If we make a material change, we will give existing users at least 30 days’ advance notice by in-app notice or email before the change takes effect.
If you do not agree to the updated Terms, you must stop using the Service and delete your account before the updated Terms take effect. If you continue to use the Service after the updated Terms take effect, you accept the updated Terms.
XX. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Daily Checkup regarding the Service.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect, except as specifically provided in Section XVII.F.
Our failure to enforce any provision is not a waiver of that provision.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.
XXI. Contact
Questions about these Terms should be sent to:
Eudaimonia Digital, LLC d/b/a Daily Checkup Email: info@dailycheckup.com Support: info@dailycheckup.com Mailing Address: 632 N 2nd St, FRNT #1200, Philadelphia, PA 19123