Terms & Conditions

TERMS OF USE

Updated and Effective as of August 10, 2022

Duck & Beaver, Inc. dba “Your Daily” (“We,” “Us,” “YD”) have created a platform, app and community for you to connect directly to information and coaching centered around health and wellness. These Terms of Use (“Terms”) explain the rules and requirements for your access to and use of the Your Daily™ website [https://yourdaily.health] (the “Site”)), the iOS and/or Android Your Daily™ App (the “App”) and any other services offered as part of the Your Daily™ Platform (collectively, with the Site and the App, the “Platform”). By visiting the Your Daily™ Site or downloading the Your Daily™ App, and creating an account, you agree to the following rules and requirements:

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.

ELIGIBILITY FOR THE PLATFORM

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:

  • Sign up for an account, and select a password and display name, which can be anything you choose (“Display Name). We recommend a Display Name that does not easily identify you, but this choice is solely yours.
  • Provide us with accurate, complete, and updated registration information about yourself.
  • Select a Display Name that does not misrepresent your identity as that of another user or identifiable individual.
  • (once available) Use a profile photo that meets our Acceptable Use Guidelines.

ACCEPTABLE USE GUIDELINES

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 may provide the Platform personal data and information in order to create an account to engage with the Platform. This personal information is governed by our Privacy Policy, which is available here: https://yourdaily.health/privacy-statement.

You agree that you understand, and your use of the Platform will at all times adhere to, the following restrictions and obligations:

  1. You may only use the Platform for your own personal, non-commercial use. You may not transfer your access to others, or allow others to access the Platform through your own access without our prior, express written permission. You may not create a user profile for anything other than a natural, human person.
  2. You may only use the Platform for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. You are not allowed to create accounts or attempt to process transactions with fraudulent or stolen information, including fraudulent or stolen payment information. If a third-party, like a law enforcement agency or litigant, believes that your use of the Platform is not lawful, and demands that we cooperate with an investigation, we may, in our sole discretion, do so.
  3. You may not interfere with or damage the Platform, and may not take any action in connection with the Platform which presents a risk of interference with or damage to the Platform, including, without limitation, through the use of viruses, bots, harmful code, denial-of-Services attacks, ransomware, keystroke loggers, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology that may exist now or come to exist in the future.
  4. We have invested a great deal of thought, energy and resources into developing the content that appears on the Platform. Except as specifically enabled by the standard functionality of the App, you may not copy, rip, or capture any content encountered on the Platform.
  5. You may not use the Platform to reverse engineer, recreate, duplicate, mimic, and/or otherwise recreate all or any part of the Platform. You may not use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl,” “spider” or use an automated mechanism such as a bot to interact in any way with any portion of the Platform.
  6. You may not imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered into a separate written agreement with us that expressly permits such statements.
  7. You may not take any action which attempts to override the privacy and security features of the Platform in any manner.
  8. You may not take any action which attempts to or actually does interrupt, disrupt, or delay the Platform in any manner.

At any time, you may:

  • Terminate your account, provided we may take a reasonable time to remove your personal information from our systems after receiving notice that you wish to terminate;
  • Change or update your preferences for receiving information;
  • Submit feedback

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.

IMPROPER USAGE AND TERMINATION

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.

INTELLECTUAL PROPERTY

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 support@yourdaily.health.

TERMINATION

You can terminate your Your Daily account at any time by emailing us at support@yourdaily.health.

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.

FEEDBACK

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 support@yourdaily.health.

GENERAL DISCLAIMER / OTHER THINGS YOU SHOULD KNOW

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:

We are a Guide, not a Prescription

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.

Our Trauma-Informed Approach

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.

Partner Brands
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
See our Privacy Policy (https://yourdaily.health/privacy-statement) for more information on what information we collect, process, store and share – but know that we don’t sell your personally identifiable information to third parties.

DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YD, OUR AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. YD, OUR AFFILIATES, AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL YD (OR OUR LICENSORS, PARTNERS, AGENTS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

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.

TERMS OF USE UPDATES
We may update these Terms of Use from time to time and will notify users via email of any material changes as determined in our sole discretion. It is your responsibility to check from time to time for updates. The date of the last modification will be posted at the beginning of these Terms. By continuing to access or use the Service, you are indicating that you agree to be bound by any modified Terms.

NO WAIVER
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

ASSIGNMENT
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.

SEVERABILITY
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.

GOVERNING LAW AND ARBITRATION

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 support@yourdaily.health.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND YD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and YD regarding your use of the Platform, and supersede all prior written or oral agreements.

QUESTIONS AND CONCERNS

Please contact us with any questions or concerns about these Terms of Use by emailing us at support@yourdaily.health.