← Back to daysky.ai

Terms of Service

Effective date: April 27, 2026

These Terms of Service (“Terms”) form a binding agreement between you and Day Sky AI (“Day Sky AI,” “we,” “us”) and govern your use of the DaySky iOS application (the “App”) and the website at daysky.ai (together, the “Services”). By installing, accessing, or using the Services you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 13 years old, and old enough to form a binding contract in your jurisdiction, to use DaySky. By using the Services you represent that you meet these requirements.

2. License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices you own or control, for your personal, non-commercial use. You may not copy, modify, reverse-engineer, decompile, sublicense, or distribute the App except as permitted by law.

3. Your Account & Data

You are responsible for maintaining the confidentiality of any credentials you use to access the Services and for all activity under your account. You agree to provide accurate information and to update it as needed. You retain ownership of the data you submit (chat messages, goals, plans, trips, etc.). You grant us a limited license to host, process, and display that data for the purpose of operating the Services for you.

4. Acceptable Use

You agree not to:

  • Use the Services for unlawful, harmful, deceptive, or abusive purposes.
  • Attempt to gain unauthorized access to the Services, other users’ accounts, or our systems.
  • Interfere with the integrity or performance of the Services (e.g., scraping, denial-of-service, automated abuse).
  • Submit content that infringes intellectual property, privacy, or other rights of third parties.
  • Use the Services to produce content that is illegal, defamatory, or harmful to minors.
  • Resell or commercially redistribute output from the AI features without our written consent.

5. Health & Wellness Disclaimer

DaySky is a wellness tool, not a medical device. Recovery scores, workout recommendations, sleep insights, nutrition guidance, and any other content provided by the App are for general informational and lifestyle purposes only. They do not constitute medical advice, diagnosis, or treatment, and they are not a substitute for consultation with a qualified healthcare provider. Always seek the advice of a physician or other qualified health professional before making decisions about your health, exercise, diet, or medication. Do not delay seeking medical care because of something you read or heard from DaySky.

6. AI-Generated Content

DaySky uses third-party large language models (currently OpenAI) to power chat, voice, and recommendation features. AI output may be inaccurate, incomplete, or out of date. You should independently verify any information that matters to you before relying on it. We are not liable for decisions you make based on AI-generated output.

7. Third-Party Services

The Services integrate with third-party platforms including Apple HealthKit, Google Calendar, OpenAI, Railway, and Formspree. Your use of those platforms is also governed by their respective terms and privacy policies. We are not responsible for outages, errors, or changes in third-party services.

8. Beta & Pricing

DaySky is currently distributed in beta. Features may change, break, or be removed without notice during this period. Pricing tiers shown on daysky.ai (including any “Free” or “Pro” plan, founder pricing, or waitlist offers) are not yet active and may change before public launch. We will provide notice through the Services or by email before any paid plan begins billing.

9. Intellectual Property

All content, design, code, logos, trademarks, and other materials provided by Day Sky AI in connection with the Services are owned by Day Sky AI or its licensors and are protected by intellectual property laws. Except for the limited license granted to you above, we reserve all rights.

“DaySky,” “Day Sky AI,” and the DaySky logo are trademarks of Day Sky AI. Other product names mentioned in the Services may be trademarks of their respective owners.

10. Feedback

If you send us feedback or suggestions about the Services, you grant us a perpetual, royalty-free, worldwide license to use that feedback to improve the Services without obligation to you.

11. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services if you violate these Terms, if required by law, or if continuing to provide the Services to you is no longer commercially reasonable. On termination, the license granted in Section 2 ends. Sections that by their nature should survive termination will survive.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAY SKY AI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAY SKY AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.

14. Indemnification

You agree to defend, indemnify, and hold harmless Day Sky AI from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any law or third-party right.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Connecticut, USA, without regard to conflict-of-laws principles. You and Day Sky AI agree to submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut for any dispute that is not subject to arbitration or small-claims court. Nothing in these Terms limits any non-waivable rights you have under applicable consumer-protection laws.

16. Changes to These Terms

We may update these Terms from time to time. We will revise the “Effective date” above and, for material changes, give additional notice through the Services or by email. Continued use of the Services after an update constitutes acceptance of the revised Terms.

17. Apple-Specific Terms

You acknowledge that these Terms are between you and Day Sky AI, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple is a third-party beneficiary of these Terms and may enforce them against you.

18. Contact

Day Sky AI
Email: support@daysky.ai
Website: daysky.ai