Terms & Conditions

1. Scope and Provider

These Terms & Conditions ("Terms") govern the use of the Dayfuku mobile application ("the App"), available for download on Apple's App Store. By downloading, installing, or using the App, you agree to be bound by these Terms in their then-current version.

These Terms apply to all versions of the App, including the free version and the premium subscription ("Dayfuku Pro").

You must be at least 16 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have obtained the consent of a parent or legal guardian to use the App and that they have read and agreed to these Terms on your behalf.

For full provider identification as required under § 5 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG), please refer to our Imprint.

2. Description of the Service

Dayfuku is a personal daily life tracker and journaling application for iOS. The App allows users to:

• Create daily journal entries with text notes, mood selections, photos, and activity tracking.
• Optionally import contextual data from device services, including Apple HealthKit (step count and sleep hours, read-only), location services (reverse geocoded to approximate city or region), Calendar (daily event count, read-only), and the device camera and photo library.
• Review patterns and trends in their daily entries over time.

The App stores user content locally on the user's device by default. It offers optional synchronization via Apple iCloud (CloudKit), which the user may enable or disable at any time. Depending on the features used, certain data may also be processed through Apple services, RevenueCat, and TelemetryDeck as described in the Privacy Policy.

The App is not a medical device and does not provide medical, therapeutic, or health advice of any kind. Any health-related data displayed within the App (including data imported from Apple HealthKit) is for informational purposes only and must not be relied upon for health-related decisions.

3. Contract Formation

The contractual relationship between the user and the provider is established when the user downloads the App from the Apple App Store and uses it for the first time. No separate registration or user account is required.

The user must hold a valid Apple ID and agree to Apple's applicable terms and conditions in order to download and use the App.

4. Free and Premium Tiers

The App is available in a free version with limited functionality and a premium version ("Dayfuku Pro") accessible via a paid subscription.

Dayfuku Pro is offered as a monthly or yearly auto-renewing subscription. All purchases and payments are processed exclusively through Apple's App Store. The provider does not process payments directly.

Subscription prices are displayed in the App Store and within the App prior to purchase. All prices include applicable value-added tax (VAT).

Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current billing period. Users may manage and cancel their subscriptions at any time through their Apple ID account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for the remaining term.

Refund requests must be directed to Apple, as Apple is the merchant of record for all App Store purchases. For further information, please refer to Apple's App Store Terms and Conditions.

5. Right of Withdrawal

Under European Union consumer protection law, consumers generally have a 14-day right of withdrawal for contracts concluded at a distance.

For digital content delivered electronically (such as the App download and in-app subscriptions), the right of withdrawal expires once the performance of the contract has begun, provided the consumer has given prior express consent and acknowledged the loss of the right of withdrawal. This consent is obtained through Apple's App Store purchase flow.

Your statutory rights remain unaffected.

6. User Obligations

The user agrees to the following obligations:

• The user shall use the App only for lawful, personal, and non-commercial purposes.
• The user is responsible for maintaining the security of their device and Apple ID credentials.
• The user is solely responsible for all content they create within the App, including journal entries, photos, and notes.
• The user shall not attempt to reverse-engineer, decompile, disassemble, or otherwise tamper with the App, except to the extent expressly permitted by applicable law.
• The user shall not use the App in any manner that could damage, disable, or impair its functionality or interfere with any other party's use of Apple's infrastructure (including iCloud).

7. Intellectual Property

All intellectual property rights in the App — including but not limited to its source code, design, graphics, trademarks, and content — are and remain the property of the provider.

The user is granted a limited, non-exclusive, non-transferable, revocable license to use the App on their personal iOS devices, subject to these Terms and Apple's Usage Rules as set forth in the App Store Terms of Service.

User-generated content (including journal entries, photos, and notes) remains the sole property of the user. The provider claims no ownership of or rights to user-generated content.

8. Data and Privacy

The App follows a local-first architecture. User content is stored on the user's device by default and, if enabled by the user, may be synchronized via Apple iCloud (CloudKit). The provider does not operate servers that store user journal content.

Limited product usage analytics may be collected for the purpose of improving the App and understanding how key features are used. The App is not intended to send journal content or other free-form personal text through analytics events.

Data imported from Apple HealthKit, location services, Calendar, notifications, and other Apple frameworks is used only for the app functionality selected by the user. Depending on the enabled features, related stored values may also be processed through Apple services such as iCloud, maps, location services, and notification delivery.

For complete information on data collection and processing, please refer to our Privacy Policy.

9. Third-Party Services

The App relies on the following third-party services:

• Apple services: For app distribution, App Store billing, optional iCloud synchronization, location and map functionality, and notification delivery. Subject to Apple's terms and conditions.
• RevenueCat: For subscription management and purchase validation. RevenueCat processes purchase-related data in accordance with its own privacy policy.
• TelemetryDeck: For limited product usage analytics.

The provider is not responsible for the availability, functionality, or data practices of third-party services. Use of these services is subject to the respective third party's terms and conditions and privacy policies.

10. Availability and Updates

The provider endeavors to keep the App available and functional but does not guarantee uninterrupted or error-free operation.

The provider may release updates from time to time to improve functionality, address bugs, or ensure compatibility with new operating system versions. Users are encouraged to keep the App updated to the latest version.

The provider reserves the right to modify, suspend, or discontinue features of the App at any time. Where changes materially affect the user's use of the App, the provider will provide reasonable advance notice where possible.

iCloud synchronization depends on Apple's CloudKit infrastructure. The provider is not liable for any interruptions or data issues arising from the unavailability of Apple's services.

11. Liability

The provider's liability is determined as follows:

Unlimited liability: The provider bears unlimited liability for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and for breaches of any guarantees expressly given.

Limited liability: In cases of slight negligence (leichte Fahrlässigkeit), the provider is liable only for the breach of material contractual obligations (wesentliche Vertragspflichten), i.e., obligations whose fulfillment is essential to the proper performance of the contract and upon whose compliance the user may regularly rely. In such cases, liability is limited to the foreseeable, typically occurring damages.

Exclusions: The provider is not liable for:

• Loss of data, to the extent the user could have prevented such loss through reasonable backup measures. The App stores data locally on the user's device; the user is responsible for maintaining device backups.
• Damages arising from the use of or reliance on third-party services, including Apple, RevenueCat, and TelemetryDeck.
• The accuracy, completeness, or reliability of data imported from Apple HealthKit, Calendar, or location services.

The App is not a medical device. The provider expressly disclaims any liability for health-related decisions made on the basis of data displayed in the App.

12. Disclaimer of Warranties

To the extent permitted by applicable law and without limiting the liability provisions in Section 11 above, the App is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The provider does not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected. The provider makes no representations regarding the accuracy or reliability of data obtained through the App, including data imported from third-party sources such as Apple HealthKit, Calendar, or location services.

This disclaimer applies to the fullest extent permitted by applicable law. For users in Germany and the European Union, statutory warranty rights and the liability provisions in Section 11 take precedence over this disclaimer where they provide greater protection.

13. Termination

The user may cease using the App and delete it from their device at any time. Active subscriptions must be cancelled separately through the user's Apple ID account settings; deleting the App does not automatically cancel a subscription.

The provider may terminate the user's right to use the App for good cause (wichtiger Grund), particularly in cases of material breach of these Terms.

Upon termination, the user's license to use the App ends. Data stored locally on the user's device remains accessible to the user independently of the App.

14. Links to Other Websites

The App or this website may contain links to third-party websites or services that are not owned or controlled by the provider. The provider has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

The provider does not warrant the offerings of any third party. You acknowledge and agree that the provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

15. Changes to These Terms

The provider reserves the right to amend these Terms at any time. Changes will be communicated through the App or on the website.

For material changes, the provider will provide reasonable advance notice of at least four (4) weeks where possible. Continued use of the App after the amended Terms take effect constitutes acceptance of the changes.

If the user does not agree to amended Terms, they may stop using the App and cancel any active subscription.

16. Severability

Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent and purpose of the original provision.

17. Waiver

The failure of the provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by the provider.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers residing within the European Union, the mandatory consumer protection provisions of the consumer's country of residence shall apply to the extent that they provide a higher level of protection.

In the event of any dispute arising from or relating to these Terms or the use of the App, the parties agree to first attempt to resolve the matter informally by contacting the provider. If a dispute is not resolved within thirty (30) days of the initial contact, either party may pursue formal proceedings.

The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

19. Additional Provision for Users in the United States

You represent and warrant that you are not located in a country that is subject to a United States government embargo and that you are not listed on any United States government list of prohibited or restricted parties.

20. Contact

For questions regarding these Terms & Conditions, please visit our Contact page.