Terms of Service
Welcome, and thank you for your interest in SIER Technologies Inc., doing business as Daily Dove ("Daily Dove," "we," or "us"), and our website at https://dailydove.app, along with our mobile application and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Daily Dove regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING DAILY DOVE'S PRIVACY POLICY (https://dailydove.app/privacy) (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND DAILY DOVE'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY DAILY DOVE AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DAILY DOVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Daily Dove Service Overview
Daily Dove provides a faith-based prayer companion application through which users may engage in daily devotionals, interact with an AI-driven character (the "Dove"), receive scripture and prayer guidance, and create and store personal prayer content, including by using generative AI technologies.
Informational and Devotional Purposes Only. Daily Dove and its Service, including any information or interaction provided through the Dove character, are intended for devotional, informational, and/or recreational purposes only. Do not use the Service as a substitute for professional assistance or counseling from a healthcare provider, licensed therapist, counselor, social worker, or member of the clergy. Nothing provided through the Service is intended to be, and must not be taken to be, the practice of medicine, psychology, psychiatry, mental health or professional therapy, pastoral counseling, or other professional healthcare or spiritual direction service. Any reliance you place on the Service is strictly at your own risk. You acknowledge and agree that none of the information provided via the Service or your interaction with the Dove has the ability to diagnose, prescribe, treat, cure, mitigate, or prevent any disease or health condition, and your use of the Service does not establish a doctor-patient or counselor-client relationship.
Daily Dove is not responsible for any health, safety, or social concerns, including feelings of social isolation, loneliness, or dependency, associated with your use of the Service or related technologies. If you have any questions regarding your health or mental condition or behavior, consult with a qualified professional.
IN CASE OF AN EMERGENCY, DIAL 9-1-1 OR SEEK PROFESSIONAL HELP IMMEDIATELY. DIAL 9-8-8 IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR DIAL 1-800-273-TALK (8255) FOR THE NATIONAL SUICIDE PREVENTION LIFELINE.
2. Eligibility
The Service is intended only for adults. You must be at least 18 years old to use the Service. By using the Service and agreeing to the Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. The Service is not directed to, and we do not knowingly permit its use by, anyone under 18 years of age.
3. Accounts and Registration
To access certain features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and any authentication credentials, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@dailydove.app.
4. General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
4.1. Price
Daily Dove reserves the right to determine pricing for the Service. Daily Dove will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing information periodically for current pricing. Daily Dove may change the fees for any feature of the Service, including additional fees or charges, if Daily Dove gives you advance notice of changes before they apply. Daily Dove, at its sole discretion, may make promotional offers with different features and different pricing to any of Daily Dove's customers. These promotional offers, unless made to you, will not apply to your account or these Terms. You may reach out with any questions to support@dailydove.app.
4.2. Authorization
You authorize Daily Dove to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Daily Dove, including all applicable taxes, to the payment method specified in your account.
4.3. Subscription Service
The Service includes a subscription plan with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select (the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration unless you cancel the Subscription Service or we terminate it. Subscriptions are managed through the Apple App Store. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
4.4. Delinquent Accounts
Daily Dove may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
4.5. Statutory Cancellation Rights
If you are a consumer located in the EEA or the UK, you may have a statutory right to cancel a purchase of digital content within 14 days. However, by purchasing a subscription and accessing the digital content immediately, you acknowledge that performance begins immediately, you expressly request that we begin providing the Service before the end of the cancellation period, and you accordingly agree that you lose your right of withdrawal once the content has been fully supplied. This does not affect any non-waivable rights you have under applicable law. Refunds for purchases made through the Apple App Store are handled by Apple in accordance with its policies.
5. Licenses
5.1. Limited License
Subject to your complete and ongoing compliance with these Terms, Daily Dove grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one copy of any mobile application associated with the Service on a device that you own or control; and (b) access and use the Service.
5.2. License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3. Feedback
If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Daily Dove an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights
The Service is owned and operated by Daily Dove. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, the Dove character, and all other elements of the Service provided by Daily Dove ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Daily Dove or its third-party licensors. Except as expressly authorized by Daily Dove, you may not make use of the Materials. There are no implied licenses in these Terms and Daily Dove reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1. Third-Party Services and Linked Websites
Daily Dove may provide tools through the Service that enable you to export information to third-party services or otherwise interact with the Service using third-party services. Third-party services are not under Daily Dove's control, and, to the fullest extent permitted by law, Daily Dove is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Daily Dove's control, and Daily Dove is not responsible for their content.
7.2. Third-Party Software
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content
8.1. User Content Generally
Certain features of the Service may permit users to submit, upload, or otherwise transmit ("Submit") content to the Service, including audio, voice recordings, images, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms. User Content you Submit to the Service to communicate with the Dove or otherwise to create AI-generated outputs is referred to as "Inputs"; all other User Content you Submit is referred to as "Non-Input Content."
8.2. Limited License Grant to Daily Dove
By Submitting Non-Input Content to or via the Service, you grant Daily Dove a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, reproduce, and modify (for the purpose of formatting for display back to you) your Non-Input Content, in each case solely as necessary to operate and provide the Service to you and consistent with our Privacy Policy. We do not publicly display, distribute, sell, or share your Non-Input Content except as described in our Privacy Policy or with your direction.
8.3. User Content Representations and Warranties
You must not Submit User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. By providing User Content via the Service, you affirm, represent, and warrant to us that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Daily Dove and users of the Service to use and distribute your User Content; (b) your User Content does not infringe, violate, misappropriate, or otherwise breach any third-party right; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harassing, threatening, hateful, or otherwise inappropriate.
8.4. User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users Submit and will not be in any way responsible or liable for User Content. Daily Dove may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable.
8.5. Monitoring Content
Daily Dove does not control and does not have any obligation to monitor User Content or the use of the Service by its users. You acknowledge and agree that Daily Dove reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
8.6. Inputs; Outputs
The Service permits users to Submit Inputs to the Service in order to generate Dove responses and other AI-generated output ("Output"). You are solely responsible for verifying the accuracy and relevance of any Output. You acknowledge that Outputs do not constitute any kind of investment, legal, medical, pastoral, or professional advice and should not be relied upon, as they may be incomplete, imperfect, or not reflective of your specific circumstances. As between you and Daily Dove, you own all Output, and we hereby assign to you all of our right, title, and interest we may have in and to Output. By submitting Input to or via the Service, you grant Daily Dove a worldwide, non-exclusive, royalty-free, fully paid right and license to store and process your Input, in whole or in part, for the purpose of operating and providing the Service to you.
9. Communications
9.1. Email
We may send you emails relating to your account, your subscription, or our products and services, such as confirmations and Service updates. You may opt out of promotional emails by following the unsubscribe instructions in the email itself.
10. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service as (or to provide) any investment, legal, medical, or other professional advice, or for any illegal purpose or in violation of any local, state, national, or international law;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Daily Dove;
- automatically or programmatically extract any data from the Service, including Output;
- represent that Output was human-generated when it was not;
- use the Service or any Output to develop or train any competing AI or machine learning model;
- interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of any portion of the Service;
- interfere with the operation of the Service or any user's enjoyment of the Service, including by uploading or disseminating any virus or malicious code, making any unsolicited offer or advertisement to another user, or collecting personal information about another user without consent;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- sell or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Materials.
11. Intellectual Property Rights Protection
11.1. Respect of Third-Party Rights
Daily Dove respects the intellectual property rights of others and takes the protection of intellectual property rights very seriously. Infringing activity will not be tolerated on or through the Service.
11.2. DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at:
SIER Technologies Inc. (dba Daily Dove)
Attn: Legal Department (IP Notification)
support@dailydove.app
11.3. Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on their behalf.
12. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service.
13. Term, Termination, and Modification of the Service
13.1. Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
13.2. Termination
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Daily Dove may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@dailydove.app.
13.3. Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Daily Dove any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 13.3, 14, 15, 16, 17, 18, and 19 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
13.4. Modification of the Service
Daily Dove reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Daily Dove will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Daily Dove, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Daily Dove Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or privacy right; or (4) any dispute or issue between you and any third party.
15. Disclaimers; No Warranties by Daily Dove
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ANY AI-GENERATED OUTPUTS, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DAILY DOVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DAILY DOVE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DAILY DOVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DAILY DOVE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DAILY DOVE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE SERVICE IS PROVIDED SOLELY FOR DEVOTIONAL AND INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE MEDICAL, LEGAL, FINANCIAL, PASTORAL, OR ANY KIND OF PROFESSIONAL ADVICE, NOR DO THEY CONSTITUTE ANY DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION OR HEALTH PROBLEM. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICE RELY ON MACHINE LEARNING AND GENERATIVE AI WHICH, BY NATURE, PRODUCE OUTPUTS BASED ON PROBABILISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DAILY DOVE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DAILY DOVE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17. Dispute Resolution and Arbitration
17.1. Generally
Except as described in Sections 17.2 and 17.3, you and Daily Dove agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DAILY DOVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2. Exceptions
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
17.3. Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to SIER Technologies Inc. (dba Daily Dove), Attention: Legal Department – Arbitration Opt-Out, support@dailydove.app, that specifies your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration.
17.4. Arbitrator
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at +1-800-778-7879.
17.5. No Class Actions
YOU AND DAILY DOVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Daily Dove agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
18. Miscellaneous
18.1. General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Daily Dove regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2. Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Daily Dove submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
18.3. Privacy Policy
Please read the Daily Dove Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Daily Dove Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. Apple App Store Additional Terms
This Section 19 applies to the extent you download or use our mobile application obtained from the Apple App Store, and it supplements the rest of these Terms. In the event of a conflict between this Section 19 and the other provisions of these Terms with respect to your use of the application obtained from the Apple App Store, this Section 19 will control. Apple Inc. ("Apple") is not a party to these Terms and does not own and is not responsible for the Service.
- Acknowledgement. These Terms are concluded between you and Daily Dove only, and not with Apple. Daily Dove, not Apple, is solely responsible for the Service and its content.
- Scope of License. The license granted to you for the application is a limited, non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and Support. Daily Dove is solely responsible for providing any maintenance and support services with respect to the application, as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
- Warranty. Daily Dove is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
- Product Claims. Daily Dove, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of the application, including: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights. In the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, Daily Dove, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact. Any questions, complaints, or claims with respect to the application should be directed to support@dailydove.app.
- Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.