Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") form a binding agreement between you and Pearson Media LLC d/b/a Daily OK ("Daily OK," "we," "our," or "us"). By downloading, installing, accessing, or using the Daily OK mobile applications, website, or related services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

Daily OK is a daily check-in application designed to help families stay connected and aware of the well-being of loved ones. An Owner configures check-in schedules for one or more Receivers, who confirm their well-being with a single tap. Viewers may observe check-in status without administrative rights.

Daily OK is not a medical device, monitoring device, emergency response service, or substitute for professional medical care, emergency services, or in-person caregiving. The Service is a supplementary communication tool only. In an emergency, dial your local emergency number (911 in the United States).

3. Eligibility

You must be at least 13 years old to use the Service. If you are a minor under the age of majority in your jurisdiction (typically 18), you may use the Service only with the consent and supervision of a parent or legal guardian. The Owner of a family group must be at least 18.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly at support@dailyok.net of any unauthorized access. We may suspend or close accounts that we reasonably believe are inactive, fraudulent, or in violation of these Terms.

You may sign in using Apple Sign-In, Google Sign-In, or email and password. You agree to provide accurate information and to keep it current.

5. Subscriptions, Billing, and Cancellation

Daily OK offers paid subscription plans (Caregiver, Family, and Family+), optionally with a free trial. Purchases made through the Apple App Store or Google Play are processed by, and subject to the terms of, the applicable app store. Daily OK does not store or have access to your payment card numbers.

• Free Trial: Where offered, free trials last 7 days for monthly plans and 14 days for yearly plans. You will not be charged during the trial. If you do not cancel before the trial ends, you authorize the app store to charge the recurring subscription price.
• Auto-Renewal Disclosure: Subscriptions automatically renew at the listed price for the same billing period (monthly or yearly) unless cancelled at least 24 hours before the end of the current period. You can see the current price, billing frequency, and next renewal date in your Apple ID Subscriptions or Google Play Subscriptions settings.
• Easy Cancellation ("click-to-cancel"): You can cancel at any time, for any reason, in two taps from your device's subscription settings (no phone call or email required). Detailed cancellation steps are provided on our Support page. Cancellation takes effect at the end of the current billing period and you retain access until then.
• Refunds: Refund requests are handled by Apple or Google under their respective refund policies. Where a refund is required by applicable consumer-protection law (for example, mandatory cooling-off periods in the EU/UK), we will provide it.
• Price Changes: If we change a subscription price, we (or the app store) will notify you in advance and you will have the opportunity to cancel before the new price takes effect.
• Taxes: Listed prices may not include applicable taxes. The app store may collect taxes based on your billing address.

6. User Roles and Responsibilities

Owner

The Owner creates and manages the family group, pays for the subscription, configures check-in schedules, and manages members. The Owner is responsible for obtaining the informed consent of every member added to a family group, including any Receiver whose check-in or optional location data will be visible to other members.

Receiver

Receivers are family members who receive daily check-in prompts. By accepting an invitation, you consent to share check-in status, optional mood, and optional location with members of your family group.

Viewer

Viewers can see the dashboard and check-in status of family members but cannot modify settings or initiate check-ins.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any third party's rights
• Add an individual to a family group without their knowledge and consent
• Use the Service to harass, stalk, threaten, or monitor any individual against their will
• Attempt to gain unauthorized access to the Service, its accounts, or its systems
• Probe, scan, or test the vulnerability of the Service except under our published vulnerability-disclosure terms
• Interfere with, disrupt, or impose an unreasonable load on the Service
• Reverse-engineer, decompile, or disassemble any part of the Service except where permitted by law
• Use automated systems, bots, or scrapers to interact with the Service
• Resell, sublicense, or commercially exploit the Service without our written consent

We may suspend or terminate access for violations of this Acceptable Use Policy, with or without notice as appropriate to the severity of the violation.

8. Intellectual Property

The Service, including its software, design, logos, content, and underlying technology, is owned by Pearson Media LLC and protected by U.S. and international intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for your personal, non-commercial use.

You retain ownership of the data you provide to the Service ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Customer Data solely as needed to provide, secure, and support the Service.

Daily OK respects intellectual property. If you believe content in the Service infringes your copyright, see our DMCA Policy for the procedure to submit a takedown notice.

9. Third-Party Services and App-Store Terms

The Service relies on, and your use is also subject to, third-party terms including the Apple App Store Licensed Application End User License Agreement, Google Play Terms of Service, the Apple Push Notification service, Firebase Cloud Messaging, and any SMS provider used to deliver escalation alerts. Where these Terms conflict with a third-party agreement that applies to your use of that third party's service, the third-party agreement controls with respect to that service.

Apple-specific terms. You acknowledge that these Terms are between you and Daily OK only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. In the event of a failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DAILY OK IS NOT A MEDICAL DEVICE, MONITORING DEVICE, OR EMERGENCY RESPONSE SERVICE. A MISSED CHECK-IN DOES NOT NECESSARILY INDICATE AN EMERGENCY. DO NOT RELY ON THE SERVICE AS THE SOLE MEANS OF MONITORING THE SAFETY OR WELL-BEING OF ANY INDIVIDUAL. IN ANY EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (911 IN THE UNITED STATES).

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the exclusions above apply to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILY OK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the smallest amount permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Daily OK and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) Customer Data you provide.

14. Termination

You may delete your account at any time from the app's settings. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Service or other users. Sections that by their nature should survive termination (including Sections 8, 11–13, 15, and 17) will survive.

15. Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, government action, labor disputes, internet or telecommunication failures, denial-of-service attacks, power outages, pandemics, or third-party service failures.

16. Changes to the Service or These Terms

We may modify, suspend, or discontinue the Service (or any part of it) at any time. We may also update these Terms. If we make material changes, we will provide reasonable advance notice (typically at least 30 days) by email, in-app notice, or a banner on our website. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the changes, you must stop using the Service.

17. Governing Law; Arbitration; Class-Action Waiver

Governing law. These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing a claim, you and Daily OK each agree to try to resolve the dispute informally for at least 60 days after written notice (sent to legal@dailyok.net by you, or to your account email by us).

Binding arbitration. Except for (i) small-claims court actions that qualify and stay in that court, and (ii) actions to protect intellectual property rights, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in the county where you reside, or by telephone or video at your election. The arbitrator's decision is final and may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND DAILY OK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person.

Right to opt out. You may opt out of this arbitration agreement by sending written notice to legal@dailyok.net within 30 days of first accepting these Terms. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out.

Severability of arbitration provisions. If the class-action waiver is found unenforceable, the entire arbitration agreement will be unenforceable; the remainder of these Terms will remain in effect. Nothing in this section prevents either party from seeking provisional relief in court where allowed.

18. Export Compliance and Government Users

You represent that you are not located in, and will not use the Service from, any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. The Service is provided as a "Commercial Item" as defined at 48 C.F.R. § 2.101 for U.S. Government end users.

19. Severability; Waiver; Assignment; Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy and any additional terms posted with a feature, are the entire agreement between you and Daily OK regarding the Service.

20. Contact Us

Pearson Media LLC d/b/a Daily OK
Email (general): support@dailyok.net
Email (legal & arbitration notices): legal@dailyok.net
Mailing address: Pearson Media LLC, 1234 Example Street, Salt Lake City, UT 84101, USA (operations address; update as required when finalized)