Terms of Service
Effective: 2026-09-22
These Terms form an agreement between you and Benyamin Mahmoodi. If you do not agree, do not create or use an account. The current release is free and offers no paid digital feature or automatically renewing subscription.
1. Eligibility and account responsibility
You must be at least 18, have authority to enter this agreement, and make a truthful adult self-attestation. Keep account information accurate and credentials secure; do not share an account or access another person's account. Daybreak may restrict or terminate access for safety, law, security, or violations. Accounts known to belong to minors are not permitted.
2. Wellness service; no emergency or medical care
Daybreak provides general wellness, planning, organization, nutrition, and fitness information. It is not a medical device, clinician, therapist, dietitian, or emergency service, and it does not diagnose, treat, cure, or prevent disease. Do not use it for an emergency. Contact local emergency services for urgent danger and consult qualified professionals before making medical decisions.
3. AI limitations and user decisions
Optional AI outputs can be inaccurate, incomplete, biased, or inappropriate. Review all generated plans and recommendations before acting. Daybreak does not guarantee results or medical accuracy. AI may not prescribe, stop, or dose medication. Your granular AI consent controls future sharing and is independent of these Terms.
4. Third-party services
Optional Apple Health, Oura, Fitbit, Google, AI, email, weather, recipe, and notification services have separate terms, availability, and permissions. You authorize only the connections you select and may disconnect them. Daybreak is not responsible for a third party's independent service, but remains responsible for its own obligations under law.
5. Content, intellectual property, and feedback
You retain ownership of content you provide and grant Daybreak a limited, nonexclusive license to host, process, reproduce, and transmit it only as needed to operate and improve the service according to your permissions and the Privacy Policy. You represent that you may provide that content. Daybreak software, branding, and first-party assets remain the property of their owners. Feedback may be used without restriction or compensation, but does not transfer your personal content.
6. Acceptable use
Follow the Acceptable Use Policy. Do not break law, violate rights, evade access or consent controls, introduce malicious code, scrape or overload the service, reverse engineer where prohibited, or use output to harm a person. You may not use Daybreak for clinical diagnosis or emergency response.
7. Availability, changes, and termination
Daybreak is provided on an “as available” basis and may change, experience outages, or discontinue features. Where reasonable, material changes receive notice. You can stop using Daybreak and delete your account in Settings. Terms that by their nature survive, including ownership and lawful limitations, continue after termination.
8. Warranties and liability
To the maximum extent permitted by law, Daybreak disclaims implied warranties and does not guarantee uninterrupted availability, error-free output, particular results, or data-loss prevention. To the maximum extent permitted, neither party is liable for indirect, incidental, special, exemplary, or consequential damages. Any aggregate liability cap and jurisdiction-specific exclusions apply only as permitted by mandatory law and as stated in a counsel-approved version; these Terms do not waive privacy, breach-notification, consumer, Apple-required, or other non-waivable rights.
9. General terms
You are responsible for claims caused by your unlawful content or intentional misuse to the extent lawful. Neither party is liable for delay caused by events beyond reasonable control. If a provision is unenforceable, the remainder continues; failure to enforce is not a waiver. You may not assign these Terms without consent; Daybreak may assign them with a lawful business transfer. These Terms and incorporated policies are the entire agreement. Governing law and venue are Maine, United States, subject to mandatory local rights. No arbitration or class-action waiver applies unless separately approved by counsel, clearly disclosed, and validly accepted.
10. Changes and contact
Material changes requiring acceptance are versioned and presented before continued use. Contact valeyardvisuals@gmail.com.