Updated and Effective as of August 10, 2022
We refer to you (our App users and Site visitors) collectively in these Terms using “you“ and/or “your.” These Terms govern your use of the Platform. You must be 18 years of age to use the Platform unless you have the parental consent required by these Terms (see below); unfortunately, we cannot allow anyone 13 years of age or younger to create an account for the Platform under any circumstances.
You must agree to and accept all of the Terms, or you don’t have the right to use the Platform; if you use the Platform in any way, it means that you agree to all of these Terms. These Terms will remain in effect, and a binding contractual obligation between you and YD, while you use the Platform, and will extend beyond your use of the Platform as indicated below.
Only real individual humans (e.g., no Bots!) using the Platform for personal, noncommercial purposes may create an account, as further explained in our Acceptable Use Guidelines below.
To be a User, you agree to:
You may access the Platform to browse and view information about health and wellness, and eventually, in future releases, you will be able to share information about your journey and experiences. You may also choose to engage with our health coaches to guide you along your journey.
You agree that you understand, and your use of the Platform will at all times adhere to, the following restrictions and obligations:
At any time, you may:
Provided that you use the Platform in accordance with these Acceptable Use Guidelines, we grant to you a limited, personal, revocable, nonexclusive, non-assignable, non-sublicensable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without our express written consent), view information and use the Platform that we provide in accordance with these Terms. You may not and will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit any content found on the Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by YD or our licensors, except for the licenses and rights expressly granted in these Terms. Further, you acknowledge that the Platform, including all associated intellectual property rights, are the exclusive property of YD and our licensors.
Any other use of the Platform contrary to our mission and purpose is strictly prohibited and a material breach of these Terms – for example, attempting to access the personal information of other users or using information gathered from the Platform commercially without our express, written consent. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Platform, and we specifically reserve the right to terminate your access to the Platform, delete your account and/or block your IP address if you don’t use the Platform in accordance with these Terms. Further details are provided below in the Termination section.
The written, photographic, and video content on the Platform is our property, or licensed by us. While we encourage users to share information contained on the Platform, you may not copy, download, and/or share the Platform content for any other purpose, including any commercial purpose, and may not use the content for the purposes of representing it as your own work or modifying it in any way.
For permission to use the Platform content in non-Platform contexts, please contact us by emailing us at email@example.com.
You can terminate your Your Daily account at any time by emailing us at firstname.lastname@example.org.
We may immediately and without notice terminate these Terms with you and disable your access to the Platforms if we determine, in our sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third-party rights; (c) such action is needed to protect the safety or property of, or present serious harm to, YD, our coaches, other users, or third parties; and/or (d) we have reason to believe you have violated these Terms. If we intend to remove your account in accordance with this section, we will try to provide advance notice to you prior to our removal of your account, but we need not provide notice if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property to provide such notice.
Provisions that, by their nature, should survive termination of these Terms shall survive any termination of your account. As an example and not a limitation, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us are provisions that will survive the termination of your account and/or these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You agree that we have the right, but not the obligation, to copy, store, publish, display, and use such Feedback in any manner without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Platform. You can send any Feedback you may have to email@example.com.
The information on the Platform is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this website is for general information purposes only. Some other guiding principles that you should know when engaging with us:
Health coaching is not a prescription, but a suggestion. We cannot tell you what to do, or how to do it, we can only guide and suggest by presenting information and suggesting you try it for yourself.
We Cannot Guarantee Results
While many people put their burnout and autoimmune issues into remission through the methods and techniques presented and discussed on the Platform, we can’t guarantee individual outcomes. The Platform provides information, but you have to do the work. And, as with many things in life, there is no one-size-fits-all solution to health.
There is evidence to show that there is a 1:1 relationship between autoimmune issues and trauma. We share information about how trauma affects our nervous systems and measures you can take to bring yourself back into alignment. We do not try and drudge up the past or intentionally trigger people for “breakthrough coaching,” but your wellness journey may lead you to explore past trauma for future impact. We are trauma-informed, meaning we are certified in trauma trainings to be neutral and compassionate, but we are not trauma therapists. If you do decide to go down this path, whether or not you are engaged with us in 1:1 Coaching, we encourage you to work with a certified trauma therapist for best results.
We have partnerships with outside brands that we have vetted through our own lens, but we cannot be responsible for claims those brands make, or your experience with those brands.
We Don’t Look at Your Assessments or Health Information EXCEPT for 1:1 Coaching
The assessments and quizzes that you may fill out on the Platform can help the Platform understand your specific needs and suggest new coaching; however, the analysis of this information is done by algorithm, and humans don’t look at this information unless you decide to start 1:1 coaching and you agree to share it with us.
We Don’t Sell Your Information
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YD EXCEED $100. YD SHALL HAVE NO LIABILITY FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT YD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS OF LIABILITY ARE A MANDATORY CONDITION OF OUR OFFERING FREE OR SUBSCRIPTION-BASED SERVICES TO YOU AT THEIR CURRENT PRICE.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and will be construed under the laws of the state of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration on an individual basis in Denver, CO, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Denver, CO.
If you do not agree to the terms of this Arbitration Provision, you may opt-out of Arbitration within thirty (30) days of signing this Agreement by notifying us in writing of your intention to opt-out of the Arbitration Provision. This notice must contain (1) your first and last name, (2) your Display Name, (3) the email you used to sign up for the Platform, (4) the effective date of your notice, and (5) a clear statement of your intention to opt out, such as “I wish to opt-out of the Arbitration provision in the Your Daily Terms of Service.” Your opt-out request must be sent either via email from an account carrying the same name and email address as the account subject of the opt-out request to firstname.lastname@example.org.
These Terms constitute the entire agreement between you and YD regarding your use of the Platform, and supersede all prior written or oral agreements.