Neuday Privacy Policy
Last Updated and Effective: 2.6.2026
PLEASE CAREFULLY READ THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE, APPLICATION OR ANY SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS OF USE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
This Service is governed by the Agreement and includes subscriptions that automatically renew. Please read these Agreement carefully (details regarding payment can be found in Section 5 “Subscription, Free Trials, and Billing Terms”) before starting a trial or completing a purchase for our auto-renewing subscription service. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the trial or then-current subscription period. When purchasing a subscription that automatically renews, you agree to its auto-renewal nature and to its terms defined near the point of purchase and acknowledge that to avoid charges you would need to affirmatively cancel it. Deleting the app or logging out of your account does not cancel your subscriptions or trials.
Our privacy practices are described in detail in our Privacy Policy, which can be found HERE. Please familiarize yourself with its contents to understand how your personal information is collected, used, and shared.
THIS AGREEMENT CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 12 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW
THAN IN COURT. EXCEPT AS SPECIFIED BELOW IN SECTION 12.1 UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 12.1, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.
FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS IN (SECTION 2),
CLASS ACTION WAIVER (SECTION 12). DISCLAIMERS OF WARRANTIES (SECTION 8) AND LIMITATION OF LIABILITY (SECTION 10).
Acceptance of Terms
These Terms of Use and (the “Agreement”) govern the relationship between you (“You” or “Your”) and Neuday Inc. and/or its affiliates (“we”, “us”, “our” or “Neuday”) regarding your use of Neuday’s website, mobile application and related services (the “Service”), including all information, text, graphics, software, and services, available for your use through the Service (the “Content”).
These Terms establish a legally binding contractual relationship between you and Neuday. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
You must accept these Terms to create an account and to access or use the Service. If you do not have an account, you accept this Agreement by using any part of the Service. If you do not accept this Agreement, do not create an account or use the Service.
In addition to the Terms, the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. To the extent permitted by applicable law, we reserve the right, in our sole discretion, to change, modify, supplement, or remove portions of this Agreement at any time and for any reason.
Neuday reserves the right, at any time, to modify the Service or any Content, as well as the terms of this Agreement, whether by making those modifications available on or through the Service or by providing notice to You as specified in this Agreement. Unless otherwise specified in writing, any modifications will be effective upon posting to the Service or delivery of such other notice. You may cease using or accessing the Service or Content or terminate this Agreement at any time if You do not agree to any modification. However, You will be deemed to have agreed to any and all modifications through Your continued use of or access to the Service or Content following such notice.
If you don’t agree to any revisions to this Agreement, please stop using the Service, delete your account or cancel your subscription before the effective date of the such revision. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised terms of the Agreement.
You must be at least 13 years old to create an account or to use any part of the Service. If you are under 18, you must have parental or legal guardian consent. You represent that all information you submit is accurate and that you are not prohibited by law from using the Service. You agree not to impersonate another individual or provide false information in order to access or use the Service.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THIS AGREEMENT, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
Disclaimers
Neuday provides tools for habit tracking, goal setting, and personalized wellness planning. We aim to help users optimize their lifestyle through evidence-based practices. The Service is educational and wellness-oriented in nature and is not a substitute for professional medical services. Neuday does not offer or provide any kind of medical advice, health insurance, or other healthcare service, including without limitation, any testing, evaluation, counseling, prescription, emergency services or therapy and is not intended to diagnose, treat, cure, or prevent any disease or condition. Your use of the Service does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Neuday.
You should consult with your physician or other qualified healthcare professional to determine whether the Service would be safe and effective for you. You are expressly prohibited from accessing or using the Service against medical advice or if doing so might pose any health risk, and you acknowledge that you take full responsibility for your use of the Service.
You acknowledge that any diet and exercise activities that you may track through the use of the Service may involve risks, which may include risk of bodily injury or death, and that you assume those risks. Before accessing or using the Service, you agree to release and discharge Neuday from any and all action, known or unknown, arising out of your use of the Service.
Neuday makes no guarantees concerning specific outcomes or improvements in health or wellness. Any testimonials or examples that may be provided on the Service are not intended to represent or guarantee that anyone will achieve the same or similar results, unless otherwise specified directly. Neuday cannot guarantee your future results and/or success or that you maintain any results or improvements that you experience.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE CONSULTATION OR ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS, OR (II) ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY QUESTIONS RELATED TO YOUR HELATH, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. IF YOU HAVE AN EMERGENCY, SEEK MEDICAL ATTENTION IMMEDIATELY.
NEUDAY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON OR THROUGH THE SERVICE. NEUDAY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS IN THE CONTENT OR ANY INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
NEUDAY MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OF THE DATA YOU PROVIDE OR THAT IS COLLECTED AND PRESENTED THROUGH THE SERVICE RELATED TO YOUR ACTIVITY. NEUDAY DOES NOT ACCESS OR USE MEDICAL DEVICES FOR THE COLLECTION OF DATA AND ANY SUCH DATA COLLECTED OR SUBMITTED TO THE SERVCE MAY NOT MATCH THE ACCURACY OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES. NEUDAY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, OR USE OF THE DATA AND DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH YOUR USE OF SUCH DATA.
THE SERVICE AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEUDAY AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE SERVICE. NEUDAY AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE TECHNOLOGY (INCLUDING THE SERVICE), CONTENT, AND THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEUDAY, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SERVICE, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY)
Your Account and Content
Before accessing certain portions of the Service, You and any person you authorize to access the Service (“User”) are required to establish an account on the Service (an “Account”). Approval of any request to establish an Account will be at the sole discretion of Neuday. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your Users’ individual use and each Account ID may be used only by an individual User. You will ensure no User distributes or transfers their Account or Account ID or provides a third party with the right to access their Account or Account ID. You are solely responsible for all use of the Service through Your Users’ Accounts. You will ensure the security and confidentiality of each Account ID and will notify Neuday immediately if any Account ID is lost, stolen, or otherwise compromised. Any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; or (b) use an Account ID that Neuday, in its sole discretion, deems offensive.
Your Content. Except as expressly provided by this Agreement, You are solely responsible for the nature of all Content, including Your Registration Information, Your Account information and any other Account passwords, usernames, or other personal information, that You provide, upload, or transfer to the Service or generate through Your Account (“Your Content”). By providing Your Content, You grant Neuday a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You agree that Your Content: (a) does not violate this Agreement or any applicable laws; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not constitute an infringement or misappropriation of the IPR (as defined below) or other rights of any third party; (d) is not an advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. Neuday is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. You agree that You have all right, title, interest, and consent in Your Content necessary to allow Neuday to use Your Content for the purposes for which You provide Your Content to Neuday.
Access
Subject to Your compliance with this Agreement, Neuday will permit You to access and use the Service and Content solely for lawful purposes and only in accordance with the terms of this Agreement. Access to certain areas of the Service or certain items of Content may also require You to agree to additional agreements (each an “Annex”). This Agreement and any Annex together comprise Your entire Agreement with Neuday. In the event of a conflict between the terms of this Agreement and an Annex, the terms of the Annex will govern Your use of the portions of the Service or items of Content to which the Annex applies, and this Agreement will govern in all other respects.
To Content. As between Neuday and You, all Content, including all text, audio, video, photographs, illustrations, graphics, and other content or media, provided through the Service (“Service Content”) is owned by Neuday. All Service Content is for Your informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Service Content prior to making use of that Service Content. Subject to Your compliance with this Agreement, You may use the Service Content provided to You through the Service solely for Your personal, non-commercial purposes in connection with Your permitted use of the Service in accordance with this Agreement. You agree that You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Service Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Service Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Service Content. Neuday has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Service Content. Without limiting the foregoing, Neuday will not be held liable to You or any third party for any Content (including Your Content) under the Communications Decency Act (47 U.S.C. § 230). Except as set forth in this Agreement, You are granted no licenses or rights in or to any Service Content, or any IPR therein or related thereto.
To Third-Party Services. Neuday may provide You with the ability to access services developed, provided, or maintained by third-party service providers through the Service (“Third-Party Services”). Third-Party Services may integrate with, pull Content from, or add Content to the Service, including Your Content. In addition to the terms of this Agreement, Your access to and use of any Third-Party Services is also subject to any other agreement You may agree to before being given access to the Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of this Agreement but will not apply to any other services or Content You may access through the Service.
Subscription, Free Trials, and Billing Terms
Neuday may offers access to the Service through the purchase of a subscription. Neuday may, at its discretion, offer subscription levels with different features. Subscription options are clearly presented at signup. By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription at least 24 hours prior to the end of the then-current subscription period, you authorize Neuday to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional (introductory) and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You shall pay Neuday all fees You have agreed to pay to Neuday in connection with this Agreement and Your access to and use of the Service or Content (“Fees”), either when You enter into this Agreement or during the term of this Agreement. All recurring Fees will be due and payable by You in advance of the initial period and each applicable renewal period under this Agreement unless other payment terms have been extended by Neuday. All other Fees will be due and payable as indicated by Neuday.
If You have specified a credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, You grant Neuday the right to charge the applicable payment mechanism You provided to Neuday for all Fees incurred under this Agreement.
All Fees will be non-refundable once paid to Neuday (including upon any termination, expiration, or suspension of this Agreement). Notwithstanding anything to the contrary in the foregoing, Neuday may provide refunds in cases and to the extent required by mandatory provisions of the applicable law or at its own discretion and subject to our policies that may be published from time to time.
We may offer a free trial subscription for the Service, which is limited to one per User. A free trial provides You access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial period, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service.
You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription.
The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the Fees due, we may make reasonable efforts to notify you and resolve the issue; however, Neuday reserves the right to disable or terminate Your access to the Service without further notice.
Termination and Suspension
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights and subscriptions granted to You under this Agreement will terminate; (2) You will immediately cease all use of and access to the Service and all Content, including Your Content and any Content You obtained prior to termination; and (3) Neuday may, in its sole discretion, delete Your Account or Your Content at any time. Your Content may continue to exist on the Service after termination of this Agreement unless You actively delete it or contact Neuday’s support team and request that it be deleted. Sections 1, 2, 3.2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 will survive any expiration or termination of this Agreement.
Without limiting Neuday’s right to terminate this Agreement, Neuday may also suspend Your access to Your Account and the Service (including Your Content), with or without notice to You, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Neuday to be inappropriate or detrimental to Neuday, the Service, or any other Neuday product, customer, or User.
Intellectual Property
The Service, and the databases, software, hardware, and other technology used by or on behalf of Neuday to operate the Service, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Neuday. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. Neuday uses reasonable means to protect the security of the Service, but You acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach.
Neuday retains all rights, title, and interest, including all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Service under this Agreement. The Neuday name, logo, and all product and service names associated with the Service are trademarks of Neuday and its licensors and providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
Representations and Warranties
You represent and warrant to Neuday that: (a) You have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on Your behalf; (c) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (d) Your use of and access of the Service and Content, including Your Content, will comply with all applicable laws, rules, and regulations and will not cause Neuday itself to violate any applicable laws, rules, or regulations.
Indemnity
You hereby agree to indemnify, defend, and hold harmless Neuday and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (1) Your access to or use of the Service, including any Content; (2) Your Content or other Content You provide through the Service; and (3) Your breach of any representation, warranty, or other provision of this Agreement. Neuday will provide You with notice of any such claim or allegation, and Neuday will have the right to participate in the defense of any such claim at its expense.
Limitation of Liability
NEUDAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE TECHNOLOGY (INCLUDING THE SERVICE) OR CONTENT, EVEN IF NEUDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. NEUDAY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND NEUDAY’S PROVISION OF THE TECHNOLOGY (INCLUDING THE SERVICE) AND ALL CONTENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT YOU ACTUALLY PAID TO NEUDAY FOR USE OF OR ACCESS TO THE SERVICE IN THE PRECEDING SIX (6) MONTHS, AND (2) $500. YOU AGREE THAT NEUDAY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, NEUDAY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Data Privacy
You acknowledge the use, collection, and disclosure of personally identifiable information that You submit to the Service or that is collected about you from the Service as described in the Privacy Policy for the Service, which is located at [https://www. Neuday.com/privacy-policy/] (“Privacy Policy”). Neuday will have the right to collect, extract, compile, synthesize, and analyze information resulting from Your access to and use of the Service and Content. To the extent any such information is collected or generated by Neuday, the data and information will be solely owned by Neuday and may be used by Neuday for any lawful business purpose without a duty of accounting to You.
SMS Text Messaging
By opting in to receive SMS text messages from Neuday, you agree to the following terms in addition to our Privacy Policy and these Terms of Use.
Program Description and Consent. Neuday offers two SMS messaging programs: (a) Two-Factor Authentication (2FA), which sends automated verification codes to your mobile phone for account security and login authentication, and (b) Daily Task Reminders, which sends automated daily notifications about your scheduled tasks and appointments. You consent to receive SMS messages when you add and verify your phone number during account login at app.neuday.com. During phone number verification, you are presented with a consent checkbox that you must check to enable SMS services. Adding a phone number is entirely optional. You may also opt in by replying START to any message from Neuday. By opting in, you certify that you are the authorized user of the mobile phone number provided. Consent to receive SMS messages is not a condition of purchasing or using any Neuday services.
Message Frequency and Charges. Two-Factor Authentication messages are sent as needed when you log in or perform security-sensitive actions. Daily Task Reminder messages are sent approximately once per day. Message frequency may vary based on your account activity and settings. You are responsible for all charges imposed by your mobile carrier for text messages. Standard message and data rates may apply. Neuday does not charge you for sending or receiving text messages, but your mobile carrier may.
Opt-Out. You may opt out of SMS messages at any time by: (a) replying STOP to any message; (b) disabling SMS notifications in your account settings; or (c) for 2FA, switching to email-based verification in your security settings. After you text STOP, you will receive one final confirmation message. Please allow up to 48 hours for your opt-out request to be fully processed.
Help and Support. For help with SMS programs, reply HELP or INFO to any message or contact us at support@neuday.io.
Service Availability. SMS services are provided “as is” and “as available.” We do not guarantee that messages will be delivered promptly or at all, that messages will be received in the order sent, that the SMS service will be uninterrupted or error-free, or that messages will be secure during transmission over carrier networks. SMS messages may be delayed or blocked due to carrier network issues, device compatibility, message filtering, or other factors outside our control. Carriers are not liable for delayed or undelivered messages.
Modifications and Termination. We reserve the right to modify, suspend, or discontinue the SMS service at any time, with or without notice. We may also modify these SMS terms at any time. Your continued use of SMS services after modifications constitutes acceptance of the modified terms. We may terminate your access to SMS services immediately if you violate these terms.
Disclaimer and Limitation of Liability. In addition to the disclaimers and limitations in Sections 2, 8, and 10 of these Terms, we specifically disclaim all warranties related to SMS services and shall not be liable for any damages arising from delayed, failed, or undelivered SMS messages, unauthorized access to or interception of SMS messages, charges imposed by your mobile carrier, or your inability to receive SMS messages due to device, network, or carrier limitations.
SMS Service Provider. We use Twilio Inc. as our third-party SMS service provider. Your phone number and message data are transmitted to and processed by Twilio to deliver SMS services. We are not responsible for Twilio’s acts or omissions.
Privacy. Our collection, use, and sharing of your phone number and SMS data is governed by our Privacy Policy. Please review the “SMS Text Messaging” section of our Privacy Policy for details on how we handle your SMS data.
Disputes. Any disputes arising from or related to SMS services are subject to the arbitration provisions and class action waiver in Section 12 of these Terms of Use.
Disputes
Agreement to Arbitrate. Except as otherwise provided in Section 12.2, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach, or termination of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 17.2, if any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration by JAMS under its Commercial Arbitration Rules under then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by Neuday in Los Angeles, California, U.S.A. The arbitrator will apply the law set forth in Section 17.3 to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend this Agreement or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement. Notwithstanding the foregoing, if you wish to opt out of arbitration, you must notify us within 30 days of Account creation. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
Waiver of Class Actions. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Users of the Service, or any other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party. 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. This waiver of class actions and collective relief is an essential part of this arbitration provision and cannot be severed from it.
Exception to Arbitration. You agree that if Neuday reasonably believes You have, in any manner, violated or threatened to infringe Neuday’s IPR, then Neuday may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in Los Angeles, California.
Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Delaware (U.S.A.) as such laws apply to contracts between Delaware residents performed entirely within Delaware, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and the parties hereby disclaim the application thereof. Subject to Section 12.1, each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a state or federal court in Los Angeles, California (U.S.A.), and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by Neuday.
Notices
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Neuday by postal mail to the address for Neuday listed on the Service and Neuday’s website. Neuday may provide You with any notices required or allowed under this Agreement by sending You an e-mail to any e-mail address You provide to Neuday in connection with Your Account, provided that in the case of any notice applicable both to You and other users of the Service, Neuday may instead provide such notice by posting on the Service. Notices provided to Neuday will be deemed given when actually received by Neuday. Notice provided to You will be deemed given 24 hours after posting to the Service or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
Additional Terms
Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by Neuday under this Agreement must be in writing or later acknowledged by Neuday in writing. Any waiver or failure by Neuday to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Neuday of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with applicable law, and the remaining provisions will remain in full force. You may not assign or transfer either this Agreement or any of Your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without Neuday’s prior written approval. Any assignment in violation of the foregoing will be null and void. Neuday may assign this Agreement to any party that assumes Neuday’s obligations hereunder. The words “include,” “includes,” and “including” means “include,” “includes,” or “including,” in each case, “without limitation.” The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Service may contain links to third-party sites that are not under the control of Neuday. Neuday is not responsible for any content on any linked site and You access any third-party site from the Service at Your own risk.
Company
Connect
