Terms of Use

1. Agreement and who we are

These terms are between you and KeyGrow LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, USA (“Keygrow”, “we”, “us”), the publisher of the Daywick mobile app (the “App”). By downloading, installing or using the App you agree to these terms. If you do not agree, do not use the App.

2. Licence to use the app

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own non-commercial use, and subject to these terms and the rules of the app store you downloaded it from. We keep all rights not expressly granted.

3. Premium, subscriptions and billing

Daywick is free to download. Daywick Premium is an optional upgrade that unlocks extra features. The features included in the free version and in Premium are described in the App and on its store listing, and may change over time.

• Plans. At launch, Premium is offered in the United States as monthly ($4.99 per month), yearly ($12.99 per year) and lifetime ($24.99, a one-time purchase). The price you pay is the price shown by Apple or Google when you buy, in your local currency, including any taxes. Prices may differ by country and may change; a change for an existing subscription is handled as the store requires.
• Free trial. The yearly plan includes a 2-week free trial for eligible new subscribers. The store decides whether you are eligible, and a trial is shown only if you are. If you do not cancel before the trial ends, your subscription starts and you are charged the yearly price.
• Automatic renewal. Monthly and yearly subscriptions renew automatically for the same period at the then-current price until you cancel. Your payment method on the store (your Apple Account or Google account) is charged at confirmation of purchase, and again at each renewal. On the App Store, renewal is charged within 24 hours before the end of the current period; to avoid being charged you must cancel at least 24 hours before the period ends.
• Lifetime. A lifetime purchase is paid once, does not renew, and unlocks Premium for your store account. “Lifetime” means the life of the product, not your own life, and it does not mean we must keep supporting every device or operating system forever.
• Payment and restore. Payments are processed by Apple or Google, not by us. We do not see your card details. Use Restore purchases in the App to get Premium back on a new phone or after reinstalling, using the same store account.

4. Cancelling, and refunds

• You cancel in the store, not in the App or by emailing us. Deleting the App does not cancel a subscription.
  • Google Play: open the Play Store app, tap your profile picture, then Payments & subscriptions, then Subscriptions, choose Daywick, and tap Cancel subscription.
  • App Store: on your iPhone open Settings, tap your name, then Subscriptions, choose Daywick and tap Cancel. You can also use Manage subscription in the App’s Settings.
• When you cancel, you keep Premium until the end of the period you already paid for.
• Refunds are handled by Apple or Google under their policies, because they take the payment. We cannot issue refunds ourselves. To ask, use Apple’s “Report a problem” (reportaproblem.apple.com) or Google Play’s order history. Your statutory rights as a consumer are not affected.

5. Acceptable use

You agree not to: copy, modify, reverse engineer, decompile or try to extract the source code of the App (except as the law allows despite this restriction); remove copyright or other notices; use the App to break the law or others’ rights; interfere with the App, our providers or the stores; try to bypass Premium or purchase checks; or use the App in a way that endangers anyone, such as relying on it for safety-critical purposes.

6. Privacy

How the App handles data is described in our Privacy Policy, which forms part of these terms.

7. Intellectual property

The App, including its design, text, sounds, artwork, name and logo, belongs to KeyGrow LLC or its licensors and is protected by copyright, trademark and other laws. Some parts use open or third-party material under their own licences, listed in the App under Settings › About › Licences. Content you enter, such as alarm names and phrases, stays yours; you give us no licence to it because it stays on your phone.

8. Safety, reliability and medical disclaimers

• An alarm is not guaranteed to ring. Whether an alarm sounds depends on your phone maker, your operating system version, battery-saver and background restrictions, Do Not Disturb or Focus settings, silent modes, volume settings, a dead battery, a phone that is switched off, hidden or locked apps, and many other things we do not control. Some phone makers stop alarm apps from running. Software can also have bugs.
• Test your alarm. Use Settings › Will it ring? and the 5-second test alarm on your phone, and check again after phone updates, battery-setting changes or new volume settings. A passing test does not guarantee future alarms.
• Never rely on Daywick alone for critical wake-ups (for example flights, medicine, safety, work or school obligations that matter greatly). Use a backup alarm or another person.
• Missions. Physical missions such as push-ups, squats, shaking and walking are your choice. Do them only if safe for you, not while half-asleep on stairs or near hazards, and stop if you feel unwell. You can choose another mission or use “Can’t do this?” on the ringing screen.
• Not a medical device. Daywick, including its sleep and wake features, does not diagnose, treat or prevent any condition and is not medical advice. Ask a health professional about sleep or health concerns.
• Prayer times are calculated estimates. If you use Muslim prayer mode, times are calculated on your phone from your location and the settings you choose. They can differ from your local mosque’s timetable. Check with your local mosque or religious authority for times you depend on. Daywick does not make religious rulings.

9. Disclaimer of warranties

To the fullest extent the law allows, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, reliability and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any alarm will ring. Some places do not allow these exclusions, so some may not apply to you.

10. Limitation of liability

To the fullest extent the law allows, we and our officers, employees and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, missed appointments, missed travel, missed work or school, or other losses arising from a missed or late alarm or from using or being unable to use the App. Our total liability to you for any claim relating to the App is limited to the greater of the amount you paid us through the store for the App in the 12 months before the claim, or USD 50. Nothing in these terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, fraud, or your rights as a consumer.

11. Apple App Store terms

If you downloaded the App from the Apple App Store:

• These terms are between you and KeyGrow LLC, not Apple. We, not Apple, are responsible for the App and its content, maintenance and support, subject to these terms.
• The licence is limited to use on Apple-branded products you own or control, as allowed by Apple’s Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App. If the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent allowed by law, Apple has no other warranty obligation about the App. Other claims, losses, liabilities and costs from failure to meet a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims about the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims the App infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example your wireless data service agreement) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple will have the right to enforce them against you as a third-party beneficiary.
• Questions, complaints or claims about the App can be sent to us at the contact details in section 15.

12. Google Play terms

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service. Google handles payments and refunds for purchases made on Google Play, as described in section 4.

13. Governing law

These terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. If you are a consumer, you also keep any mandatory rights you have under the law of the country where you live, and nothing here removes them.

14. Changes

We may update these terms from time to time, for example when features change. We will change the effective date above and, for important changes, tell you in the App. If you keep using the App after a change takes effect, you accept the updated terms. If you do not agree, stop using the App and uninstall it; you can cancel any subscription as described in section 4.