Effective Date: October 26, 2022
As part of the Daye Health Platform (“DHP”) available through Daye’s website located at www.yourdaye.com (“Daye’s Website”), Anne’s Daye Ltd (“Daye”) provides a Vaginal Microbiome Screening (“VMS”) service allowing customers to order a Daye Sample Collection Kit (“Kit”) containing a Daye tampon, to use the tampon and to send it back to Daye in exchange for a multi-target vaginal microbiome screen (“Screening Data”).
Apart from collection and analysis of biological samples, Daye’s also provides customers with access to the Daye Health Dashboard where Screening Data will be kept available for customers to consult and download at any time. Within the Daye Health Dashboard customers will also have access to personalised aftercare services, such as scheduling virtual and in-person medical consultations, getting personalised treatment options, medicament suggestions and lifestyle advice from third-party medical experts (”Practitioners”) whose remote services are offered to you through the DHP. Collectively, this constitutes Daye’s Health Platform service or just DHP for short.
Important information and who we are
DHP is a service operated by Anne’s Day Ltd, a company established in the UK under company number 11044785 ("Daye"). Daye is made up of different legal entities across the globe so when we mention Daye in this document, we may also be referring to the relevant company in the Daye Company Group which provides DHP in your geographic location. Please contact us at the contact details provided below if you want to find out the particular legal entity with whom you have a contractual relationship.
By using DHP you accept these Terms
By using DHP, registering a DHP Account or clicking to accept or agree to these Terms, where this option is made available to you, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use DHP. We recommend that you print a copy of these Terms for future reference.
The Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Daye separately, if any, on other matters. In the event there is any conflict or inconsistency between these Terms and the terms and conditions of any other agreement between you and Daye, the terms and conditions of these Terms shall govern your use of DHP.
There are other terms that may apply to you
Our DHP Privacy Notice which informs you how your personal information will be processed by Daye if you use DHP.
Daye’s Website Terms and Conditions which sets out the terms and conditions for using other products and services made available through Daye’s Website.
We may make changes to these Terms
We reserve the right to amend these Terms including any notices, policies, or guidelines incorporated herein from time to time at our sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting them. Continued use of DHP following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this document and any applicable policies to understand the most current terms and conditions that apply to your use of DHP.
Conditions to use DHP
In order to use the DHP, you must:
be at least 18 years old;
not be personally prohibited from availing of DHP under the laws of the country of residence from which you use DHP; and
have a registered DHP Account.
Due to limitations imposed by law in certain locations, use of DHP may not be available to residents of those geographical locations.
Registering your DHP Account
DHP can be accessed only after you register your DHP Account. You can create your DHP Account via Daye’s Website. When you create a DHP Account, you are required to provide certain information about yourself (e.g. name, pronouns, email, phone, password, birthday, and payment information). You must provide accurate and complete information, and ensure the information is kept true, accurate, current and complete throughout the term of this agreement by regularly updating your DHP Account.
By registering a DHP Account, you represent and warrant that you have the right to, and are authorised to, provide the information you provide to Daye and that you meet the conditions set forth in the previous section of these Terms and that your actions do not contradict the Acceptable Use section of these Terms.
You are responsible for maintaining the accuracy and confidentiality of the information stored in your DHP Account and password and for restricting access to such information and to your computer or device. You agree to immediately notify Daye of any unauthorised access or use of your password or DHP Account or any other breach of security.
Availing of the DHP products and services
In order to use VMS, you need to order a Kit or a replacement Kit if the vaginal sample from your initial Kit was rejected, due to incorrect sample collection, delivery delay, loss in transit or invalid lab results. Once you receive your Kit or replacement Kit, you need to activate the Kit through your DHP Account by inputting the 12-digit activation number you’ll find on the test ID card included in your Kit.
When activating your Kit, you’ll be prompted to go through a medical questionnaire which will help Daye establish a diagnosis by linking your biological sample and your Screening Data to your health context.
Once you activate your Kit, you shall take your biological sample and ship it to Daye by following the instructions included in your Kit and also available on Daye’s Website. Please note the Kit should be used no later than 6 months after purchase. Once used, you agree to return the Kit to Daye according to the designated timelines and shipping instructions provided with the Kit and also available on Daye’s Website.
IMPORTANT: You should use the Kit only if:
your last period ended at least 5 days ago;
you haven't taken any antibiotics or antifungals in the past 90 days;
you haven't had sex in the last 24 hours;
you haven’t used any vaginally administered meds, creams, douches, gels or similar in the past 24 hours
To avoid confusion and inaccuracies in Screening Data, you should refrain from activating a Kit with samples of friends, relatives or other third-parties.
After we receive your sample, we will ensure it is analysed in professional laboratories selected and engaged directly by Daye which are accredited in accordance with International Standard ISO/IEC 17025:2017 - General Requirements for the competence of testing and calibration laboratories. We have carefully selected these laboratories, however, we may, in our sole discretion, change the laboratories we work with from time to time. Once your sample has been analysed, we will upload your Screening Data to your DHP Account in the form of a screening report. VMS biological samples cannot be returned to you once submitted for testing and analysed by Daye. In your DHP Account you’ll find a timeline of all Screening Data collected about you through analysis of different Kits you’ve sent to Daye over time. Within your DHP Account you’ll also find personalised aftercare services, such as scheduling virtual and in-person appointments with specialists, personalised treatment options and lifestyle advice which may be made available to you by Daye subject to additional fees. You are free to decide if you want to follow these recommendations and you may choose not to avail of aftercare services at all.
Our acceptance of any orders you make via DHP will take place only after when we send a confirmation email to you. If we are unable to accept your order, we will inform you of this in writing and will not charge you. We reserve our right not to specify a reason why we’re unable to accept your order.
You acknowledge that the Kit and your biological sample have a ‘shelf life’. You agree and acknowledge that the quality and accuracy of Screening Data are directly dependent on the quality of the kit and the biological sample provided by you. You agree to follow all instructions provided to you by Daye in your DHP Account or as part of the Kit diligently and carefully and acknowledge that failure to do so may lead to incorrect or wrong Screening Data being derived, or an inability to complete the analysis of your biological sample. The sample collection instructions, and any shipping guidelines provided with the Kits or at Daye’s Website are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines. When we are not able to provide your with accurate Screening Data because the biological sample provided by you is not suitable for testing, we will reach out to inform you.
Purchases and billing
When you purchase Kits or any other products or services available as part of DHP, you authorise Daye to charge your credit card or other payment method you have provided to Daye (“Payment Method”), for all the products and services purchased from Daye. When you purchase a subscription service with automatic renewal offered by Daye you authorize Daye to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription.
We reserve the right to accept or reject DHP orders and purchases for any reason. Prices and availability of DHP products and services are subject to change without notice.
If for any reason, Daye does not receive payment from your Payment Method, you agree that Daye may suspend your subscription and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription will be re-activated.
You agree that our subscription fees are subject to change, however, we agree that we will notify you in advance before any changes to subscription fees. If you don’t terminate your subscription after being notified, we will assume you consent to an automatic renewal.
Daye reserves the right to refuse providing the DHP products and services to any customer, potential customer or groups of customers and shall not be required to provide a basis or reason for such a decision.
Your subscription will automatically renew until you cancel it or until it is terminated by Daye. If you want to cancel or pause your subscription, you can do so through your DHP Account.
Changes to DHP
You acknowledge and agree that Daye may make changes to, suspend or withdraw DHP with or without notice to you.
Daye may update and change DHP from time to time to reflect changes to our portfolio of services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes. We will also, from time to time, offer optional new or additional services, products or features of DHP that may be available in exchange of an additional fee. You acknowledge and agree that Daye reserves its right to not make such new services, products or features freely available but to charge additional fees in order to provide them to you. Such products, services or features will be optional and purchasable at your choice and you will not be charged unless you specifically purchase them.
As a condition for using DHP, you represent and agree you shall not engage in any of the following:
resale, offer to sell, distribution and commercial (non-personal) use of VMS, the Kits or any other service or product offered or sold as part of DHP;
misrepresent the identity or create false or deceitful identities of persons and applicable details in order to place purchases of Kits or other DHP services or products including sending biological samples that are not your own via VMS;
any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data or content from DHP;
download (other than page caching and export of screening reports) any portion of DHP, or any content and information contained therein, except as expressly permitted by Daye, for example by including a download function next to downloadable content;
attempt to gain unauthorised access to Daye’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of DHP;
use of communication systems provided by Daye for any unauthorised commercial solicitation purposes;
use of any portion of DHP as a destination linked in any unsolicited bulk messages or unsolicited commercial messages;
misrepresenting your age in order to obtain a DHP Account or avail of VMS;
impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
use DHP outside of the countries where such use is permitted;
unauthorised use of branded trademarks, trade names, and key words associated with Daye or DHP in online media that amounts to false association and causes consumer confusion;
engage in "framing," "mirroring," or otherwise simulating the appearance or function of Daye or DHP;
upload or transmit any content or data that you do not have a legal right to transmit (such as personal data of third-parties, confidential and proprietary information, content that infringes intellectual property rights of a third party, etc.);
violate these Terms;
any use of DHP products and services other than for their intended purposes;
We at Daye want to push the envelope when it comes to gynae health. This is why we intend to use anonymised data generated from usage of DHP to support research and development projects or clinical research that change what is possible for gynae health.
In particular, Daye intends to store Screening Data and biological samples for at least ten (10) years after analysing your Kit. We will make sure that the Screening Data and biological samples we use for research purposes are completely de-identified and untraceable to you as a DHP customer. This means that when Screening Data and biological samples are used for research, it won’t be possible to link that data or samples back to you.
Anonymised data from the use of DHP will be made available to scientists, clinical researchers, research and development companies, and other third-parties who meet the following criteria:
Can provide us with a protocol, detailing the intended use of the data
Intend to use the data for research purposes only
Have all necessary ethics approvals for the use of the data, granted by competent and authorised ethics committees
Are willing to sign a contractual agreement with Daye which sets forth the permissible uses of data and preserve the confidential nature of the information
It is important to understand that by using VMS, you take part in Daye’s efforts to improve the understanding and treatment of gynae health. By accepting these Terms, you are acknowledging that you have reviewed this section, understand the information contained herein and that you consent to it.
You agree that your consent does not entail any compensation (current or future) in any way or form (cash, equity, or other) and that you acquire no ownership or licensing rights in any research, studies, or commercial products that may be developed by Daye or its partners from anonymised Screening Data or sample data. You hereby transfer and assign to Daye and its assigns and successors all right, title, and interest in and to the biological samples, Screening data, information you’ve provided while answering questionnaires, and other data derived therefrom. If laws in certain jurisdictions limit such transfer and assignment, you agree to grant Daye an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and perpetual licence to use the aforesaid data.
Breach of these Terms
In case of violation of any one or more of the provisions, representations, conditions, policies or other text of these Terms or if Daye has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Daye has the right to suspend or terminate your DHP Account with or without notice, refuse any and all current or future access to and use of DHP, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Daye is entitled to and you agree to defend and indemnify Daye and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Daye may incur) arising out of or resulting in your breach, violation or actions as specified above.
Liability and acknowledgements
You acknowledge and agree that:
Daye will not be liable for failures to follow the instructions given by Daye with regard to usage, storage and shipping of the Kit. Daye will also not be liable for any payment or treatment if you have an injury while collecting samples or for any inability to provide accurate Screening Data because of insufficient volumes of biological material or any other failures in taking, storing and shipping the biological sample. In these circumstances Daye will not offer a refund;
The Screening Data, any insights, recommendations or information you received or learned from DHP are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis. Screening Data are purely informational and even though the information contained therein might point to a possible diagnosis or treatment, it should always be confirmed by a healthcare professional and more specific medical and clinical testing results before you start, stop or modify and prescribed treatment or medication. In case of any concern or doubt, you should seek direct medical attention immediately;
Daye makes no representation, warranties or provides any guarantee that the advice and Screening Data which you receive from DHP would be the same advice and data which you would receive from another healthcare professional. There may be occasions where we are unable to provide advice and information and in such cases we shall advise you to seek direct medical attention;
Daye has no responsibility or liability for the loss of Screening Data due to malfunction or destruction of data servers or other catastrophic events beyond Daye’s control;
Daye relies on third-parties to deliver DHP (e.g. mail services, laboratories, sellers of lab consumables, supplements, etc.). Certain circumstances in our supply chain and the business operations of DHP may cause unexpected delays in shipping Kits, orders, processing, testing, and analysing biological samples and provision of Screening Data. Daye may or may not provide you with specific notices applicable to these delays. Daye shall not be liable to you or to any third party for any delays associated with DHP beyond Daye’s reasonable control;
You will not use DHP in lieu of professional healthcare services or medicaments prescribed to you and you will not send us your biological sample if you have a reason to believe you have an active infectious or communicable disease that may endanger Daye, incl. Daye personnel and the personnel of our service providers;
You will defend and indemnify Daye and its affiliates and successors against any claims, liability, costs, or damages arising out of the breach of these Terms;
In no event shall Daye or any of its respective directors, employees or agents, be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, warranty, tort (including but not limited to negligence), product liability, or otherwise, arising out of or in any way related to or connected with any use of DHP, including without limitation any damages, loss or injury caused by or resulting from reliance on any information obtained from Daye, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, public health crisis, pandemic, lockdowns, emergency laws, theft, destruction or unauthorised access to DHP;
Daye will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, DHP; or
use of or reliance on any content displayed on DHP;
To the extent permitted by law, the aggregate liability of Daye, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of DHP, shall not exceed any fees paid by you to Daye. If you have not had any payment obligations to Daye, such amount shall be one hundred pounds (£100).
By using DHP, you consent to receive marketing communication from Daye, including emails, text messages, phone calls, in-app and push notifications. We may use your information to send you news or product updates and to promote DHP. You may “opt out” of receiving marketing or promotional communication from Daye at any time through the marketing options in your DHP Account or by clicking the “unsubscribe” links within the marketing communications we send. As long as you maintain a DHP Account, you will receive non-promotional emails containing information that you need to receive as a customer of DHP (e.g. order confirmation emails, 2-factor authentication prompts, etc.).
These Terms will continue to be effective until terminated by either you or Daye as set out in this section.
You may terminate your legal agreement with Daye, by closing your DHP Account. Upon closure of your DHP Account, Daye will send you an email confirming such closure, at which stage your legal agreement with Daye shall be deemed terminated.
Daye may at any time, terminate its agreement with you and your DHP Account if:
You have breached these Terms;
Daye is required to do so by law
Daye no longer provides DHP to users in your geographical location; or
The provision of DHP to you is unlawful, not commercially viable or otherwise harmful for Daye.
You acknowledge and agree that Daye shall not be liable to you or any third party for its termination of this agreement, your DHP Account, or access to DHP.
Any obligations and duties that by their nature extend beyond the expiration or termination of this agreement, including any obligations or liabilities you have had vis-a-vis Daye prior to the cancellation or termination of this agreement, shall survive the expiration or termination of the agreement.
Returns and refunds
You have the right to cancel orders you’ve placed on DHP until we've sent you a packing or shipping confirmation email (usually in about 12-24 hours from your purchase). In those scenarios you shall have a right to a full refund for your purchase in the amount of the actual purchase price paid to Daye including any shipping and handling cost plus tax, if any.
If a cancellation is made after we’ve sent you a packing confirmation email and within fourteen (14) days of purchase of a DHP product or service, and given the products are not opened, consumed or used, Daye will offer a refund in the amount of your order except for purchases of Kits where a deduction of 20% of the price paid will be made. The shipping and handling cost plus tax (if any and where applicable) are non-refundable. Shipping of the products back to Daye will be at your own cost and expense.
To exercise your right to cancel a purchase and request a refund, please use your DHP Account or send a request to email@example.com.
Refund requests received within fourteen (14) days of the purchase date will be issued within forty-five (45) days of the date of request provided Daye has received all returned products by that time in a satisfactory condition.
No refunds will be available on requests received after the expiration of fourteen (14) days of the date of purchase. Further, no refunds will be given after the Kit has been sent to Daye for processing and analysis. Also, no refund will be available if Daye determines, in its sole discretion, that you have violated any of these Terms.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may not assign this agreement without the written consent of Daye and any attempt to do so shall be void.
DHP is directed to people residing in England. We do not represent that content available on or through DHP is appropriate for use or available in other locations.
You must keep your DHP Account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
How you may use material on DHP
We are the owner or the licensee of all intellectual property rights in DHP, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Without any prejudice to the rights you have with regard to your personal data stored on DHP, you may print off one copy, and may download extracts, of any page(s) from our site solely for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on DHP must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on DHP for commercial purposes without obtaining a licence to do so from us or our licensors.
We are not responsible for other service providers and websites we link to
Where DHP contains links to other sites, services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
How we may process your personal information if you use DHP
We will only use your personal information as set out in the DHP Privacy Notice.
Which country's laws apply to any disputes?