Terms of Service

1. Acceptance of Terms

By creating an account, downloading, or accessing the dA1ly mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you ("User" or "you") and Autonomic LLC ("Company," "we," "us," or "our"), a company organized under the laws of the State of Indiana.

2. Medical Disclaimer (App is NOT Medical Advice)

• No Doctor-Patient Relationship: The use of dA1ly does not create a physician-patient relationship. The App is a data tracking and management tool only.
• Informational Use Only: Content, including glucose trends, insulin logging, and nutritional data, is for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
• Emergency Situations: Do not use this App for medical emergencies. If you think you have a medical emergency (e.g., severe hypoglycemia or ketoacidosis), call 911 or your doctor immediately.
• Accuracy of Devices: We do not guarantee the accuracy of data imported from third-party applications, continuous glucose monitors (CGMs), or glucometers.

3. Service Description and Scope

dA1ly provides a software platform designed to assist individuals in managing diabetes by tracking blood glucose levels, insulin intake, physical activity, and carbohydrate consumption (the "Service").

• Scope of License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial health management.
• Modifications: We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

4. User Responsibilities and Acceptable Use

To use the App, you agree to:

1. Account Security: Keep your login credentials confidential. You are responsible for all activities that occur under your account.
2. Accurate Data: Provide accurate and current information. Entering false health data may skew the App's visualization features and is done at your own risk.
3. Prohibited Conduct: You shall not:
   • Use the App for any illegal purpose or to violate any local, state, or federal law.
   • Reverse engineer, decompile, or attempt to derive the source code of the App.
   • Upload viruses, malware, or malicious code.
   • Interfere with the security or performance of the App.

5. Data Collection and Privacy

Your privacy is critical to us. Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and share your personal information.

• Reference to Privacy Policy: By using the App, you consent to the data practices described in our Privacy Policy.
• GDPR (EU Users): If you are accessing the App from the European Economic Area (EEA), our Privacy Policy details your rights regarding data access, rectification, portability, and the "right to be forgotten."

6. HIPAA Compliance Notices

To the extent that the Company functions as a "Business Associate" or handles "Protected Health Information" (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA):

• Security Measures: We implement administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of your electronic PHI.
• Authorized Use: We will not use or disclose your PHI except as permitted or required by these Terms, our Privacy Policy, or applicable law.
• Breach Notification: In the unlikely event of a breach of unsecured PHI, we will notify affected users in accordance with HIPAA breach notification rules.

7. Intellectual Property Rights

• Company IP: All rights, title, and interest in and to the App (excluding User Data), including the "dA1ly" brand, logo, source code, and design, are and will remain the exclusive property of Autonomic LLC and its licensors.
• User Data Ownership: You retain full ownership of the health data and logs you enter into the App.
• License to Company: You grant us a worldwide, royalty-free license to use, reproduce, and display your User Data solely as necessary to provide the Service to you and to improve the App (in aggregate, anonymized form), consistent with our Privacy Policy.

8. Termination Conditions

• Termination by You: You may terminate these Terms at any time by deleting your account and uninstalling the App.
• Termination by Us: We may suspend or terminate your access to the App immediately, without prior notice, if you violate these Terms (e.g., fraudulent use, hacking attempts).
• Effect of Termination: Upon termination, your right to use the App will immediately cease. We may retain copies of your data as required by law (e.g., for audit or tax purposes) or for legitimate business purposes (in anonymized form).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIANA LAW:

• No Consequential Damages: In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or medical injury resulting from your use of the App.
• Liability Cap: The Company's total liability for any claim arising out of these Terms or the App shall not exceed the amount you paid to the Company for the App in the twelve (12) months preceding the claim.
• Basis of the Bargain: You acknowledge that the Company has set its prices (if any) and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein.

10. Governing Law and Jurisdiction

• Governing Law: These Terms shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions.
• Venue: Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in Allen County, Indiana. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Changes to Terms Notification Process

We reserve the right to modify these Terms at any time.

• Notification: If we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, sending a notification within the App or via email.
• Acceptance: Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.

12. Contact Information

If you have any questions regarding these Terms or the Service, please contact us at:

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By using dA1ly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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