Welcome, and thank you for your interest in ResetDay ("ResetDay," "we," "our," or "us"). These Terms of Use constitute a legally binding agreement (the "Agreement") between you and ResetDay governing your access to and use of the ResetDay website, mobile application, software, content, subscriptions, communications, and any other services provided by us (collectively, the "Services").
ResetDay is designed for adults who want to drink less without quitting or labeling themselves. The Services provide educational content, reflection tools, journaling, habit tracking, reminders, personalized plans, psychology-based behavioral change exercises, and related digital features intended to help users understand their own drinking patterns and build healthier routines.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR CERTAIN DISPUTES.
By entering into this Agreement, and/or by accessing or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, subscribers, and others who access or use the Services ("users," "you," or "your"). ResetDay reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time, by posting changes to this page or otherwise providing notice as required by law. Your continued access to or use of the Services after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
THE SERVICES MAY CONTAIN GENERAL INFORMATION RELATING TO ALCOHOL CONSUMPTION HABITS, WELLNESS, BEHAVIOR CHANGE, PSYCHOLOGY-BASED EXERCISES, SELF-REFLECTION, AND RELATED LIFESTYLE TOPICS. SUCH INFORMATION IS PROVIDED FOR EDUCATIONAL AND WELLNESS PURPOSES ONLY. THE CONTENT ON THE SERVICES, WHETHER PROVIDED BY RESETDAY, A USER, A COACH, AN AI FEATURE, OR ANY THIRD PARTY, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PSYCHOTHERAPY, ADDICTION COUNSELING, CRISIS SUPPORT, DETOXIFICATION, REHABILITATION, OR ANY OTHER PROFESSIONAL SERVICE.
Definitions
For purposes of these Terms, the following terms have the meanings set out below:
"Account" means the user account created to access or use certain features of the Services.
"Agreement" means these Terms of Use, together with our Privacy Policy and any Additional Terms that apply to your use of the Services.
"Additional Terms" means any supplemental terms, policies, rules, guidelines, notices, or disclosures that apply to specific features, purchases, subscriptions, promotions, AI features, community features, or other parts of the Services.
"AI Features" means any automated, algorithmic, machine-learning, or artificial intelligence features made available through the Services, including chat-based reflections, prompts, summaries, suggested exercises, insights, recommendations, or other automatically generated outputs.
"Company," "ResetDay," "we," "us," or "our" means Devellux Inc, the provider of the Services.
"Content" means any text, images, audio, video, graphics, courses, exercises, prompts, plans, recommendations, insights, messages, software, interfaces, designs, data, or other materials made available through the Services.
"Paid Features" means any Services, features, content, subscriptions, add-ons, coaching sessions, AI credits, or other paid functionality that requires payment.
"Personalized Plan" means a plan, recommendation, program, sequence of exercises, or similar feature generated or displayed through the Services based on information you provide or your use of the Services. A Personalized Plan is provided for educational and wellness purposes only and is not a medical, psychological, therapeutic, or clinical recommendation.
"Services" means the ResetDay website, mobile application, software, content, subscriptions, communications, AI Features, community features, coaching or support features, and any other products or services that link to these Terms.
"Subscription" means a paid recurring plan that provides access to certain Paid Features for a specified billing period and renews automatically unless canceled in accordance with the applicable subscription terms.
"User," "you," or "your" means any person who accesses, browses, downloads, creates an account for, subscribes to, or otherwise uses the Services.
"User Content" means any content, information, materials, text, messages, journal entries, reflections, goals, drinking logs, check-ins, community posts, feedback, images, or other materials that you submit, upload, create, post, transmit, or otherwise make available through the Services.
"Wellness Data" means information you provide or generate through the Services relating to your drinking habits, goals, routines, triggers, mood, self-reflections, preferences, app activity, progress, or other wellness-related information. Depending on your location, Wellness Data may be considered personal information, sensitive information, consumer health data, or similar regulated data under applicable law, as described in our Privacy Policy.
1. Privacy Policy and Additional Terms
Our Privacy Policy explains how we collect, use, disclose, retain, and protect your information, and is hereby incorporated into this Agreement. You agree that your access to and use of the Services is governed by our Privacy Policy. Because ResetDay may process information related to alcohol consumption habits, goals, triggers, mood, journaling, behavioral patterns, app engagement, and similar wellness data, you should read the Privacy Policy carefully before using the Services.
Your use of the Services is subject to all additional terms, policies, rules, notices, consents, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the "Additional Terms"), such as end user license agreements for downloadable software, app marketplace terms, subscription terms, promotional terms, community guidelines, beta feature terms, AI feature notices, or consumer health data notices. All Additional Terms are incorporated by reference into, and made a part of, this Agreement.
2. Eligibility
To use the Services you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. If the law in your jurisdiction requires you to be older to use wellness services related to alcohol consumption, you represent that you meet that higher age requirement. Persons under the age of 18 are strictly prohibited from accessing or using the Services.
ResetDay does not sell alcohol, facilitate the purchase of alcohol, encourage underage drinking, or encourage unsafe drinking. Additionally, you are prohibited from accessing or using the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
3. Limited License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable right to use the Services for your personal, noncommercial wellness use only and as permitted by the features of the Services. We reserve all rights not expressly granted herein in the Services.
You may not use the Services to provide medical, psychological, addiction-treatment, crisis, coaching, consulting, or other professional services to any third party, or to develop, train, benchmark, or improve any competing product or artificial intelligence model without our prior written consent.
4. Accounts and Registration
To access and use the Services you must create an account ("Account") by providing us with information such as your name, contact information, payment information, age confirmation, goals, preferences, and additional information we may ask for or which you may elect to provide. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date at all times.
You are responsible for all activity that occurs in association with your Account. ResetDay is not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials, except to the extent required by law. You agree to notify us immediately at the email below if you discover or suspect any security breach related to the Services or your Account.
5. User Content
The Services may allow you to post, link, share, submit, create, upload, or otherwise make available certain information, text, graphics, images, journal entries, reflections, goals, habits, drinking logs, check-ins, messages, community posts, questions, comments, feedback, or other content ("User Content"). Your User Content remains yours and you are solely responsible for such User Content, including its legality, reliability, and appropriateness.
You agree that any User Content that you post or submit does not and will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, confidentiality rights, or rights of privacy or publicity. We reserve the right (but not the obligation) to reject and/or remove any User Content that we believe, in our sole discretion, violates this Agreement.
You represent and warrant that you have all necessary rights, consents, and permissions to submit to the Services and otherwise disclose, transfer, and use all User Content, including to grant the licenses to User Content herein.
By posting or publishing User Content, you grant us a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to service providers acting on our behalf) to host, store, reproduce, process, analyze, display, transmit, adapt, and otherwise use such User Content as reasonably necessary to operate, secure, improve, personalize, and provide the Services, communicate with you, enforce this Agreement, and comply with law. Any personal information contained in User Content will be handled in accordance with our Privacy Policy.
6. Community Standards
All User Content must comply with all applicable federal, state, local, and international laws and regulations. If the Services include community, forum, messaging, group, commenting, or other user-generated content features, you are responsible for your interactions with other users. Community features are not therapy, crisis support, medical support, addiction counseling, or professional counseling.
Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, exploitative, discriminatory, threatening, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, discrimination, self-harm, suicide, eating disorders, unsafe detox, dangerous alcohol withdrawal practices, illegal drug use, or any unlawful activity.
- Infringe any patent, trademark, trade secret, copyright, privacy, publicity, confidentiality, or other intellectual property or other rights of any other person.
- Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
- Provide medical advice to others, instruct others to stop prescribed medication, encourage others to ignore professional advice, present personal experience as clinical guidance, or shame, pressure, or manipulate another user based on drinking habits, progress, relapse, health, mental health, disability, identity, or personal circumstances.
- Include spam, scams, malware, phishing, unauthorized advertising, solicitation, commercial promotions, or another person's personal information without consent.
We may provide reporting tools, blocking tools, filtering mechanisms, moderation, and support contacts for community safety, but we do not guarantee that all objectionable content will be identified or removed.
7. Coaching, AI, and Support Features
The Services may be used to connect you with a coach, expert, moderator, support provider, automated tool, or AI-powered feature (collectively, "Support Features") that provides educational, motivational, reflective, or wellness support through the Services. Coaches, experts, moderators, and support providers may be independent providers and are not necessarily our employees, agents, representatives, physicians, psychologists, therapists, addiction counselors, or licensed healthcare professionals.
The Services are limited to enabling you to access Support Features, and any coaching or other support provided through such features is for educational and wellness purposes only. While we hope the Support Features are beneficial to you, you agree and acknowledge that your interaction with and use of Support Features is at your own discretion and risk.
AI-powered or automated features may generate chat-based reflections, prompts, summaries, suggested exercises, personalized insights, or other outputs ("AI Output"). AI Output is generated automatically and may be inaccurate, incomplete, outdated, or inappropriate for your circumstances. AI features do not provide medical, psychological, psychiatric, therapeutic, addiction-treatment, legal, financial, or other professional advice, and they do not make clinical decisions, diagnose conditions, assess withdrawal risk, assess your mental state, or replace a qualified professional. Do not use AI features for emergencies or crisis situations.
8. Restrictions
In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, scraper, automated tool, or other means not provided by us to access the Services; (ii) circumvent, disable, or otherwise interfere with security-related, access-control, payment, or usage-limit features on the Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services except as permitted by law; (iv) access or use the Services in any manner that may damage, disable, unduly burden, or impair any part of the Services, or any servers or networks connected to the Services; (v) post information or interact with the Services in a manner that is fraudulent, libelous, abusive, obscene, profane, harassing, manipulative, unsafe, or illegal; (vi) use the Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance, or regulation; (vii) gain or attempt to gain unauthorized access to the Services, accounts, systems, or networks; (viii) interfere or attempt to interfere with the Services provided to any user or network, including, without limitation, by submitting a virus, malware, spam, or other harmful code to the Services; (ix) engage in commercial use or distribution of the Services, or copy or create any derivative work of the Services; (x) use the Services in any way that infringes or misappropriates any third party's rights, including intellectual property rights, trade secret rights, or rights of publicity or privacy; (xi) copy or otherwise use another user's content without obtaining proper rights to such content; (xii) use your Account or the Services for the benefit of any third party; (xiii) use the Services while driving, operating machinery, or in any situation where distraction could create risk; or (xiv) use the Services to provide medical, therapeutic, addiction-treatment, crisis, or professional advice to others.
9. Payment Terms
Your use of certain Services may be based on a subscription and may be subject to recurring fees, one-time fees, in-app purchase charges, taxes, transaction fees, and other charges, as applicable. When you use paid Services you agree to the applicable pricing and payment terms presented to you before purchase. ResetDay may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in its sole discretion, subject to applicable law and app marketplace rules.
Before you purchase a paid plan, we or the applicable app marketplace/payment provider will display the material terms of the transaction, which may include the price, billing period, renewal terms, free trial length if any, when charges begin, how to cancel, and any applicable refund terms. By starting a subscription, you authorize ResetDay or the applicable app marketplace/payment provider to continue charging the payment method for recurring fees, taxes, and applicable charges until your Account is settled and your subscription is terminated by either you or ResetDay.
Unless disclosed otherwise at the time of purchase, paid subscriptions automatically renew for successive billing periods until canceled. If we offer a free trial or discounted promotional period, the offer terms will be presented before you subscribe. Unless the offer states otherwise, your subscription will automatically convert to a paid subscription when the trial or promotional period ends, and your payment method will be charged at the then-current price unless you cancel before the end of the trial or promotional period.
You may cancel your Account or subscription at any time; however, payments are nonrefundable and there are no refunds or credits for partially used periods, except where required by applicable law or by the applicable app marketplace policy. Following any cancellation, your subscription will remain valid until your paid period is complete, unless otherwise stated at the time of purchase. If you subscribed through Apple App Store, Google Play, or another app marketplace, cancellation and refunds may need to be completed through that marketplace account settings and will be governed by that marketplace's terms. If you subscribed directly through our website, you can cancel through your account settings or by contacting us at support@resetday.io.
We may change subscription prices or introduce new paid features. If required by law or marketplace rules, we will provide notice and obtain consent before applying a price increase to an existing subscription. ResetDay is not responsible for any charges or expenses you incur resulting from charges billed in accordance with this Agreement, including overdraft fees, foreign transaction fees, or charges imposed by your payment provider.
10. Proprietary Rights
Except for User Content (defined above), all data, text, images, logos, software, interfaces, designs, icons, exercises, courses, prompts, plans, algorithms, databases, trademarks, content, and other information and content available on or through the Services ("ResetDay Material") are the property of ResetDay or its licensors. The ResetDay Material is protected by copyright, trademark, trade secret, and/or other intellectual property laws, and you acknowledge and agree that we retain all right, title, and interest in and to the ResetDay Material.
Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, copy, scrape, mine, modify, or create derivative works from any ResetDay Material, in whole or in part, by any means. You may not use ResetDay's name, logo, trademarks, trade dress, or branding without our prior written permission, and you may not copy the design, user experience, content, or distinctive features of the Services for a competing or confusingly similar product.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of ResetDay and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Services will be owned by ResetDay and handled subject to the terms of our Privacy Policy, as applicable.
11. Disclaimer
THE SERVICES, INCLUDING ANY COACHING, AI, COMMUNITY, PERSONALIZED PLAN, REMINDER, JOURNALING, HABIT TRACKING, OR OTHER SUPPORT FEATURES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, TITLE, OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESETDAY OR THROUGH THE SERVICES (INCLUDING ANY COACHING, AI OUTPUT, COMMUNITY CONTENT, PERSONALIZED PLAN, OR SUPPORT FEATURE) WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, RESETDAY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, COMPLETE, OR CORRECT; (II) THE SERVICES OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL REDUCE ALCOHOL CONSUMPTION, HELP YOU QUIT DRINKING, IMPROVE SLEEP, IMPROVE MOOD, SAVE MONEY, AVOID CRAVINGS, PREVENT RELAPSE, OR PRODUCE ANY PARTICULAR RESULT OR TIMELINE; (IV) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VI) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY ACKNOWLEDGE THAT RESETDAY IS A CONSUMER WELLNESS AND EDUCATIONAL SERVICE. RESETDAY IS NOT A MEDICAL DEVICE OR REGULATED MEDICAL PRODUCT AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. RESETDAY IS NOT TREATMENT FOR ALCOHOL USE DISORDER, ALCOHOLISM, SUBSTANCE USE DISORDER, ADDICTION, DEPRESSION, ANXIETY, TRAUMA, OR ANY OTHER PHYSICAL OR MENTAL HEALTH CONDITION.
YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICES AND ANY RELATED COACHING, AI OUTPUT, COMMUNITY CONTENT, OR SUPPORT YOU RECEIVE ARE IN NO WAY INTENDED TO BE INTERPRETED AS PROVIDING HEALTH CARE, MEDICAL ADVICE, MEDICAL TREATMENT, PSYCHOTHERAPY, PSYCHOLOGICAL COUNSELING, PSYCHIATRIC CARE, ADDICTION COUNSELING, DETOXIFICATION SUPPORT, REHABILITATION, CRISIS COUNSELING, OR AS ATTEMPTING TO DIAGNOSE OR TREAT ANY PHYSICAL, MENTAL, OR EMOTIONAL CONDITION. USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT, THERAPIST-CLIENT, PSYCHOLOGIST-CLIENT, COUNSELOR-CLIENT, FIDUCIARY, OR OTHER PROFESSIONAL RELATIONSHIP.
ALCOHOL WITHDRAWAL CAN BE DANGEROUS. ABRUPTLY STOPPING OR SUBSTANTIALLY REDUCING ALCOHOL CONSUMPTION MAY CAUSE SERIOUS SYMPTOMS IN SOME PEOPLE, INCLUDING TREMORS, SEIZURES, HALLUCINATIONS, CONFUSION, SEVERE ANXIETY, VOMITING, HIGH BLOOD PRESSURE, OR OTHER MEDICAL COMPLICATIONS. IF YOU HAVE BEEN DRINKING HEAVILY, ARE CONCERNED ABOUT WITHDRAWAL, HAVE A HISTORY OF SEVERE WITHDRAWAL SYMPTOMS, OR FEEL UNABLE TO REDUCE SAFELY, CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE CHANGING YOUR DRINKING PATTERN.
THE SERVICES ARE NOT INTENDED FOR EMERGENCY SITUATIONS, CRISIS SITUATIONS, OR SITUATIONS REQUIRING PROFESSIONAL ASSESSMENT OR INTERVENTION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. IN THE UNITED STATES, CALL 911 FOR EMERGENCIES AND 988 FOR SUICIDE OR CRISIS SUPPORT. OUTSIDE THE UNITED STATES, CONTACT YOUR LOCAL EMERGENCY SERVICES OR CRISIS HOTLINE. RESETDAY DOES NOT MONITOR THE SERVICES FOR EMERGENCIES AND CANNOT PROVIDE EMERGENCY RESPONSE.
RESETDAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY COACH, COACHING SERVICES, AI OUTPUT, COMMUNITY CONTENT, OR THIRD-PARTY CONTENT. RESETDAY EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO CONTENT OR ADVICE YOU ACCESS OR RECEIVE THROUGH YOUR USE OF THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, RESETDAY WILL NOT BE LIABLE FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR ANY OTHER LOSS, INJURY, OR DAMAGE SUFFERED BY YOU OR ANY USER HEREUNDER.
If you live in a jurisdiction that does not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.
12. Indemnity
You agree to defend, indemnify, and hold ResetDay and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers (the "ResetDay Entities") harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys' fees and litigation expenses), arising out of or relating to: (i) your access to or use of the Services, including your use of any Coach, Support Feature, AI Feature, or community feature; (ii) your violation of any portion of this Agreement; (iii) your User Content; (iv) your violation of any third-party right; (v) your violation of applicable law; or (vi) your misuse of the Services, including any use that involves unsafe alcohol reduction practices or providing medical, therapeutic, addiction-treatment, crisis, or professional advice to others.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RESETDAY ENTITIES OR THEIR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS, REVENUE, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF RESETDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE RESETDAY ENTITIES AND THEIR LICENSORS AND SERVICE PROVIDERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO RESETDAY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence where such exclusion is prohibited, or your mandatory consumer rights. If the jurisdiction you are in does not allow for the exclusion of certain types of damages, then some of the above limitations may not apply to you in certain circumstances.
14. Alerts and Notifications
By entering into this Agreement or using the Services, you agree to receive communications from us, including e-mails, text messages, push notifications, alerts, reminders, in-app messages, subscription notices, payment confirmations, security alerts, support messages, and other electronic communications. Standard message and data rates may apply to all messages sent to or received from us.
You may manage certain communications through your device settings, app settings, unsubscribe links, or by contacting us. Turning off reminders or notifications may affect certain features of the Services. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing, unless mandatory law requires another form.
15. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. If the parties do not reach an agreed solution within thirty (30) days, either party may initiate binding arbitration.
Except as expressly set forth herein, any dispute, claim, or controversy (each, a "Claim") arising out of or relating to this Agreement or the Services will be settled by binding arbitration administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules, excluding rules governing class actions. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
You and ResetDay each waive the right to a trial by jury and the right to participate as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Any arbitration will be conducted only on an individual basis.
Either party may bring an individual action in small claims court or seek injunctive or equitable relief in court to protect intellectual property rights, confidentiality, security, privacy, or unauthorized use of the Services. Nothing prevents you from contacting a regulator or enforcing non-waivable consumer rights.
If any court or arbitrator determines that the class action waiver is void or unenforceable, the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Any Claim or cause of action you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred to the maximum extent permitted by law.
16. Term and Termination
This Agreement commences when you first visit or use any feature of the Services and shall continue throughout your subscription period and for as long as you access or use the Services. Your subscription will automatically renew for successive periods of the same length unless you cancel your subscription before renewal as described at purchase and in Section 9.
We may, without prior notice and at our sole discretion: (i) change the Services, stop providing the Services or features of the Services to you or to users generally, or create usage limits for the Services; and (ii) suspend or terminate your access to and use of the Services if we have reason to believe you are in violation of this Agreement, failed to pay fees, misused the Services, created legal or safety risk, or otherwise caused harm to us, another user, or a third party.
We will not be liable to you or any third party for any such termination. Upon any termination, discontinuation, or cancellation of the Services or your access thereto, your right to access or use the Services will immediately terminate. All provisions of this Agreement which by their nature should survive termination shall survive, including without limitation provisions regarding ownership, user content licenses needed for backups or legal compliance, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and general terms.
17. General
Except as provided above, this Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles, except that the Federal Arbitration Act governs the arbitration provision. Subject to Section 15, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for the purpose of litigating any dispute.
You may not assign or transfer this Agreement or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or operation of law.
If any portion of this Agreement is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of this Agreement. No waiver by ResetDay of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, together with the Privacy Policy and any Additional Terms, represents the complete agreement between ResetDay and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between ResetDay and you. If you are a consumer located outside the United States, you may have mandatory consumer protection rights under the laws of your country of residence. Nothing in this Agreement limits rights that cannot be waived under applicable law.
18. Contact
Please contact us with any questions regarding this Agreement at support@resetday.io
Devellux Inc
8 The Green, STE A
Dover, DE 19901, USA