Licensed Application End User License Agreement
Last updated: December 2024
By downloading, installing, or using the Say Your Day mobile application, you agree to be bound by these terms.
Apps made available through the App Store are licensed, not sold, to you. Your license to the Say Your Day app is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). Say Your Day reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
Say Your Day grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the App Store Usage Rules. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so.
You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof.
You agree that Say Your Day may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application.
Say Your Day may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. For detailed information about data collection and use, please refer to our Privacy Policy.
The Licensed Application enables access to artificial intelligence services provided by Google Gemini and OpenAI GPT-4.1. These services are used solely to provide you with AI-driven features like natural language processing, data structuring, and insights generation. Your data is processed by these services only as necessary to provide the core functionality of the app.
You agree to use these AI services responsibly and in accordance with their respective terms of service. Say Your Day is not responsible for the accuracy, completeness, or reliability of AI-generated insights or correlations.
You retain ownership of all data, voice recordings, text entries, and other content you input into the application (“User Content”). By using the app, you grant Say Your Day a limited license to process, analyze, and store your User Content solely for the purpose of providing the app’s features and functionality.
You are responsible for the accuracy and legality of all User Content you provide. You warrant that you have the right to input all data and that such data does not violate any laws or third-party rights.
This EULA is effective until terminated by you or Say Your Day. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies.
IMPORTANT - NO WARRANTY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
Say Your Day hereby disclaims all warranties and conditions with respect to the Licensed Application, either express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
Health and Medical Disclaimer: Say Your Day is not a medical device and should not be used for medical diagnosis, treatment, or health decisions. Always consult with qualified healthcare professionals for medical advice.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAY YOUR DAY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION.
In no event shall Say Your Day’s total liability to you for all damages exceed the amount you paid for the Licensed Application.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. By using the Licensed Application, you represent and warrant that you are not located in any embargoed country or on any prohibited persons list.
This Agreement shall be governed by the laws of the State of California, excluding its conflicts of law provisions. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Santa Clara County, California.
Say Your Day reserves the right to modify these terms at any time. We will notify users of material changes through the app or via email. Continued use of the app after changes constitutes acceptance of the new terms.
If you have any questions about these Terms of Service, please contact us at:
Say Your Day Support
Email: tardyadam28@gmail.com
By using Say Your Day, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.