Terms of Use

Agreement

These Terms constitute an agreement between you and Innolab (“we”, “us”), governing your use of the Daily Question mobile application and related content (the “Service”). By downloading or using the app, you accept these Terms. If you do not accept them, you must not use the Service.

Eligibility

You must be at least 18 years of age and the parent or legal guardian of any child about whom you record information, or otherwise legally authorised to record such information. The Service is intended for adults and is not intended for use by children.

Description of the Service

The Service provides daily conversation prompts, an on-device journal for recording responses and voice notes, optional reminders, and, for subscribers, additional content including an expanded question library and periodic editorial content prepared in response to themes raised by users.

This is not professional advice

The Service is an educational and journalling tool. It is not a medical device, and use of the Service does not create a clinical, therapeutic, or professional relationship between you (or any child) and us, or with any contributor to the content.

All questions, tips, and editorial content are general information prepared for a broad audience. They do not constitute a diagnosis, a treatment plan, or advice concerning any individual, and they cannot take account of your circumstances. No person reviewing submissions is assessing, treating, or supervising any child.

You should seek the advice of a qualified physician, psychologist, or other health professional in respect of any question concerning a child’s development, behaviour, or mental or physical health. You should not disregard or delay obtaining professional advice by reason of any content made available through the Service.

If you believe a child is in immediate danger, or at risk of harming themselves or others, you should contact your local emergency services immediately. The Service is not monitored, provides no crisis or emergency support, and no submission will be reviewed on an urgent basis.

Subscriptions, free trials, and billing

Paid features of the Service are offered on an auto-renewing subscription basis. The plans available and their current prices are displayed in the app, in your local currency, before any purchase is completed.

• Free trial. Where a free trial is offered, it converts automatically into a paid subscription at the price displayed at the time of purchase unless cancelled before the trial period ends.
• Auto-renewal. A subscription renews automatically at the end of each billing period unless cancelled at least 24 hours before the end of the then-current period. Payment is charged to your Apple Account within 24 hours before the end of the period.
• Cancellation. Subscriptions may be managed or cancelled at any time in your device’s App Store account settings. We are unable to cancel a subscription on your behalf. Cancellation prevents the next renewal; access continues until the end of the period already paid for.
• Deletion of the app does not cancel a subscription. Cancellation must be effected through the App Store.
• Refunds are administered by Apple in accordance with the App Store terms; we are unable to issue refunds directly. Requests may be submitted at reportaproblem.apple.com. Any unused portion of a free trial is forfeited upon purchase of a subscription.
• Price changes take effect only after notice is given by Apple and, where required, only with your consent. You may cancel before any change takes effect.

Submissions

Where the Service permits you to submit a question or other material for editorial consideration, such a submission does not initiate correspondence with us. Accordingly:

• We do not undertake to reply, and no individual response is provided.
• Submissions are considered in aggregate by theme, and editorial content addresses recurring themes for a general audience.
• Submissions are not published as written and are not disclosed to other users.
• You grant us a licence to review your submission and to use its general subject matter — and not the text as written, nor any material identifying you or any child — in the preparation of editorial content.
• You should omit full names and other identifying details, and should not submit any material you would not wish us to review.

Your content

Content you record in the journal, including responses, notes, and recordings, remains yours. It is stored on your device, we claim no ownership of it, and we are unable to access it. Further details are set out in the Privacy Policy.

You are responsible for maintaining your own copies of any content you wish to retain. Deleting the app deletes the journal stored on the device. Export and backup options are available within the app.

Acceptable use

You must not:

• Submit content that is unlawful or abusive, or that infringes the rights of any third party;
• Submit the personal information of another person without a proper basis for doing so;
• Circumvent any access control or payment mechanism, extract content in bulk, or access any part of our systems without authorisation;
• Disrupt the Service, or use automated means to submit material through any form provided by the Service;
• Republish, redistribute, or resell any content made available through the Service, which is licensed to you for personal and family use only.

Intellectual property

The app, its design, and all content made available through the Service are owned by us or our contributors and are protected by copyright and other intellectual property rights. We grant you a personal, non-transferable, non-exclusive, revocable licence to use them for personal and family use, subject to these Terms and to the provisions of the Apple App Store section below.

Availability and changes

We do not warrant that the Service will be available on an uninterrupted or error-free basis. We may add, modify, or remove features, and may suspend the Service for maintenance or other operational reasons. If we discontinue a paid feature in a manner that materially reduces the benefit of your subscription, you may cancel; refunds remain subject to Apple’s terms.

Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, produce any particular outcome, or that any content is accurate or complete in respect of your circumstances.

Limitation of liability

To the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, goodwill, or profits.

Our aggregate liability in respect of any claim relating to the Service is limited to the greater of the amount paid by you to us in the 12 months preceding the claim, or USD 50.

Nothing in these Terms excludes liability that cannot be excluded at law, including liability for death or personal injury caused by negligence, or for fraud. Certain jurisdictions do not permit particular exclusions, in which case parts of this section may not apply to you, and you may have statutory consumer rights that these Terms do not affect.

Termination

You may cease using the Service at any time by deleting the app; any subscription must be cancelled separately in accordance with the subscriptions section. We may suspend or terminate access in the event of a material breach of these Terms.

Apple App Store terms

These Terms are between you and us, not with Apple. Apple is not responsible for the app or its content. You also agree that:

• Your licence to use the app is a non-transferable licence to use it on an Apple device you own or control, as permitted by the App Store Licensed Application End User Licence Agreement. Where these Terms conflict with that agreement, that agreement governs to the extent of the conflict.
• Apple has no obligation to provide support or maintenance for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund your purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims.
• If a third party claims the app infringes their intellectual property, we — not Apple — are responsible for the investigation, defence, settlement, and discharge of that claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and are not on any U.S. Government list of prohibited or restricted parties.

Governing law

These Terms are governed by the laws of Hong Kong SAR, without regard to conflict of law rules, and the courts of Hong Kong SAR have non-exclusive jurisdiction. If you are a consumer, you keep the benefit of any mandatory protections of the law where you live.

Changes to these Terms

We may amend these Terms from time to time. The date above will be updated accordingly, and in the case of material changes notice will be given in the app before they take effect. Continued use of the Service thereafter constitutes acceptance of the amended Terms.

Contact

[email protected] Innolab