Daybreak Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Daybreak ("Company," "we," "our," or "us") regarding your use of our adaptive fitness coaching platform, including our mobile application, website, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

Definitions

• "Health Data": Fitness metrics, workout logs, sleep data, and other wellness information you provide
• "AI Coach": Our AI-powered feature that analyzes your data and provides training recommendations
• "User Content": Any content you create, upload, or share through our Service
• "Subscription Period": The recurring term for which you subscribe (typically monthly or annually)

Service Description

What Daybreak Provides

Daybreak is an adaptive fitness coaching platform that:

• Analyzes your fitness data to provide personalized training recommendations
• Uses artificial intelligence to create rolling workout schedules that adapt to your life
• Offers evidence-based suggestions for training, recovery, and nutrition
• Provides conversational AI coaching based on your unique fitness profile
• Integrates with wearables (Apple Health, Oura, Whoop) to factor in recovery and readiness

Consumer Fitness Platform

Daybreak operates as a consumer fitness and wellness platform, similar to fitness trackers, workout apps, and personal training services. We focus on helping you optimize your training and maintain consistency—not medical diagnosis or treatment.

What Daybreak Is Not

Important: Daybreak is a consumer fitness platform, not a medical device, healthcare provider, or medical service. We do not:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Provide medical advice, medical opinions, or medical recommendations
• Replace the need for professional medical care or consultation with licensed healthcare providers
• Offer emergency medical services or urgent health interventions
• Provide medication or dosing advice (including GLP-1)

Medical Disclaimer and Limitations

Not Medical Advice

All information provided by Daybreak is for fitness and wellness optimization purposes only. Our recommendations are not medical advice and should not be used as a substitute for professional medical consultation, diagnosis, or treatment.

Consult Healthcare Providers

You should always:

• Consult with qualified healthcare professionals before making significant changes to your exercise regimen, especially if you have health conditions
• Discuss any concerning symptoms with your physician before continuing training
• Seek immediate medical attention for any health emergencies
• Continue taking prescribed medications as directed by your doctor
• Consult your prescribing physician regarding exercise on GLP-1 medications

Risk Acknowledgment

You acknowledge that:

• Physical exercise involves inherent risks including injury
• You are responsible for evaluating the suitability of any recommendations for your personal circumstances
• We cannot predict individual responses to suggested training
• You assume full responsibility for any decisions made based on our Service

User Eligibility and Account Requirements

Age Requirements

You must be at least 18 years old to use our Service. If you are under 18, you may not create an account or use our Service.

Account Accuracy

You agree to:

• Provide accurate, current, and complete information when creating your account
• Maintain and update your account information, including health and fitness data
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Not share your account with others or create multiple accounts

User Data and Content

Your Fitness Data and Health Information

You retain ownership of your fitness data, health information, and other personal content you provide to Daybreak ("User Data"). By using our Service, you grant us a limited license to use your User Data to:

• Provide personalized training recommendations and daily intentions
• Power our AI Coach to answer your questions and provide guidance
• Improve our algorithms, recommendation accuracy, and Service quality
• Generate anonymized, aggregated research data that cannot identify you

Your Responsibilities

You are solely responsible for the accuracy of health data you provide. You agree that you will not:

• Provide false, misleading, or inaccurate health information
• Submit content that is unlawful, harmful, threatening, abusive, or otherwise inappropriate
• Impersonate another person or misrepresent your identity
• Share another person's private health information without permission
• Use the Service to provide fitness advice to third parties
• Attempt to extract or reverse-engineer our algorithms or AI models

Subscription Terms and Billing

Recurring Billing and Auto-Renewal

Your subscription will automatically renew unless you cancel before the renewal date. By choosing a recurring payment plan, you acknowledge that:

• There is an initial payment followed by recurring charges according to your subscription terms
• You authorize us to charge your payment method for subscription fees at the beginning of each billing period
• Billing continues until you cancel your subscription or we terminate your account

Cancellation and Termination

You may cancel your subscription at any time through your account settings or the App Store/Google Play. Cancellation will be effective at the end of your current billing period.

Refund Policy

• App Store Purchases: Refunds are handled by Apple according to their refund policies
• Direct Purchases: Full refund if you cancel within 30 days of your first payment
• Service Issues: Refunds may be provided for extended service outages at our discretion

AI Coach and Limitations

AI Coach Feature

Daybreak provides an AI Coach that analyzes your fitness data to offer personalized training recommendations. This feature uses advanced artificial intelligence to interpret your workout history, wearable data, and health information.

Important Understanding:

• The AI Coach does not replace your healthcare professional or personal trainer
• The AI Coach can make mistakes and has limitations
• Always verify important health decisions with qualified professionals
• The AI Coach provides fitness insights, not medical diagnosis

AI-Generated Content and Limitations

Our Service uses artificial intelligence to analyze your data and generate recommendations. You understand that:

• AI systems may produce errors or unexpected results
• Recommendations are based on algorithms and may not account for all individual factors
• AI-generated content should be evaluated critically and discussed with professionals when appropriate
• We continuously improve our algorithms but cannot guarantee perfect accuracy

Third-Party Integrations

Wearable Devices and Health Platforms

Our Service integrates with fitness trackers, smartwatches, and health platforms (Apple Health, Oura, Whoop). We are not responsible for:

• Accuracy of third-party device data
• Device compatibility or connectivity issues
• Changes to third-party APIs or services
• Third-party service outages or data loss

Privacy and Data Protection

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

Key points:

• We never sell your personal health data
• You can export or delete your data anytime
• We use encryption and security best practices
• You control which integrations are active

Acceptable Use

Permitted Uses

You may use our Service only for:

• Personal fitness and wellness optimization
• Legitimate educational purposes related to your training

Prohibited Uses

You may not:

• Use the Service for any unlawful purpose or in violation of these Terms
• Attempt to reverse engineer, decompile, or hack our algorithms or systems
• Share your account credentials with others
• Use our Service to provide fitness advice to third parties
• Scrape, mine, or systematically extract data from our platform
• Upload malicious code or attempt to compromise our security

Medical Emergencies

Do not use our Service for medical emergencies. If you are experiencing a medical emergency, call emergency services immediately (911 in the US).

Intellectual Property Rights

Our Content and Technology

The Service, including all software, algorithms, AI technology, text, graphics, and other materials, is owned by Daybreak and protected by intellectual property laws.

Your Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial use only.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We specifically disclaim all warranties including:

• Merchantability, fitness for a particular purpose, and non-infringement
• That the Service will be error-free, uninterrupted, or secure
• That fitness analyses or AI recommendations will be accurate or complete
• That any fitness outcomes or improvements will result from using the Service

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYBREAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

This includes but is not limited to:

• Injuries from following training recommendations
• Lost profits or data
• Service interruptions
• Third-party actions or failures

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Daybreak and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service or violation of these Terms
• Your User Content or data
• Your violation of any third-party rights
• Any fitness or health decisions you make

Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, please contact us at legal@daybreak.com. Most issues can be resolved informally within 30 days.

Binding Arbitration

PLEASE READ CAREFULLY: DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION, NOT COURT.

If informal resolution fails, disputes will be resolved through binding arbitration with the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS. All disputes must be brought individually, not as part of any class or collective proceeding.

Opt-Out Right

You may opt out of arbitration by emailing legal@daybreak.com within 30 days of accepting these Terms. Include your name and account email. Opting out won't affect your use of the Service.

General Provisions

Governing Law

These Terms are governed by Delaware law, without regard to conflict of law principles.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Daybreak, superseding any prior agreements.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

Force Majeure

We're not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, internet failures, or government actions.

Changes to Terms

We may update these Terms by:

• Posting the updated version with a new effective date
• Notifying you via email at least 30 days before material changes take effect
• Displaying a prominent notice in the app

Your continued use after the effective date constitutes acceptance. If you disagree with changes, you may cancel your subscription.

Contact Information

Customer Support

• Email: support@daybreak.com
• Response Time: 1-2 business days

Legal Matters

• Email: legal@daybreak.com

Privacy Inquiries

• Email: privacy@daybreak.com