Daye Health Platform (DHP)

1. 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.

2. By using DHP you accept these Terms

2.1. 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.

2.2. 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.

3. There are other terms that may apply to you

These Terms of use refer to the following additional terms, which also apply to your use of DHP:

• Our DHP Privacy Notice which informs you how your personal information will be processed by Daye if you use DHP.
• Our Cookie Policy, which sets out information about the cookies placed by the Daye Website.
• The Daye Website Terms and Conditions which sets out the terms and conditions for using other products and services made available through the Daye Website.

4. 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.

5. Conditions to use DHP

5.1. In order to use the DHP, you must meet the following eligibility conditions (“The Eligibility Criteria”):

1. be at least 18 years old;
2. not be personally prohibited from availing of DHP under the laws of the country of residence from which you use DHP; and
3. have a registered DHP Account.

5.2. Use of DHP may not be available to residents in some geographical locations. Daye reserves its right to refuse offering a service or selling a product because of the geography where you are located.

6. Registering your DHP Account

6.1. DHP and the services provided therein can be accessed only after you register your DHP Account. You can create your DHP Account via the Daye Website. When you create a DHP Account, you are required to provide certain information about yourself (e.g. name, contact details and payment information). You must provide accurate and complete information. You agree to ensure the information is kept true, accurate, current and complete throughout your use of DHP by regularly updating your DHP Account.

6.2. 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 Eligibility Criteria as set forth in the previous section of these Terms and that your actions do not and will not contradict the Acceptable Use section of these Terms.

6.3. You are responsible for maintaining confidentiality of the information stored in your DHP Account and the security credentials used for access to your DHP Account (such as your phone number or email address). You are also responsible for taking reasonable security measures with regard to any computer or device you use to access DHP. You agree to immediately notify Daye of any unauthorised access or use of your DHP Account or security credentials and any other breach of security thereof.

7. Availing of the DHP products and services

7.1. Daye Screening Services

7.1.1. In order to use Daye Screening Services, first you need to order the delivery of a Kit to your address through the DHP along with your preferred Screening Service or combination of Screening Services.

7.1.2. Once you receive your Kit at your designated address, you need to activate the Kit through your DHP Account by inputting the activation code you’ll find on the test ID card included in your Kit.

7.1.3. When activating your Kit, you’ll be prompted to go through and complete a medical questionnaire which will help Daye link your biological sample and the results of your Screening Services to your health context.

7.1.4. Once you activate your Kit, you shall take your biological sample, seal it in your sterile and biohazard bags and ship it to Daye by following the shipping instructions included in your Kit and also available on the Daye Website. Please note the Kit should be used and sent to Daye no later than 6 months after purchase.

7.1.5. IMPORTANT: Requirements for the use of the Kit

*Day 2 to 5 of your menstrual cycle. If not menstruating or have irregular periods, you can test on any day.

7.1.6. To avoid confusion and inaccuracies in the Screening Data or wrong diagnosis, you must not activate a Kit using the samples of friends, relatives or other third-parties.

7.1.7. 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. Biological samples from Screening Services 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 generated 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.

7.1.8. You acknowledge that the Kit and your biological sample have a ‘shelf life’. You agree and acknowledge that the quality and accuracy of your Screening Data results are directly dependent on the quality of the Kit and the biological sample taken with it. 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 the Daye 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 you with accurate Screening Data because the biological sample provided by you is not suitable for testing, we will reach out to inform you.

7.1.9. In case of a positive pathogen marker in your Screening Data you agree that:

• Daye will reach out to you directly over phone to confirm you’ve received the STI Screening Data and to discuss treatment and partner notification options with you;
• If requested by you and subject to additional payment, Daye will offer follow-up consultations to you from Practitioners;
• You will inform all your recent sexual partners in due course about the outcome of your Screening Data so they could take precautionary measures. If requested by you and subject to additional payment, Daye may also make available to you a system for anonymous sexual partner notification;
• Your Screening Data will become part of your medical record kept by Daye in our electronic health record management system and your Screening Data will be stored there for 10 years in line with our relevant data retention policy;
• As required by law, your Screening Data will be reported to the UK Health Security Agency in a pseudonymised format (i.e. only your post code and the exact STI for which you’ve tested positive will be disclosed) for statistical purposes.

7.1.10. You acknowledge that the Screenings Services offered through the DHP are from reputable laboratories and are of the standards expected for the clinical purpose but as with all tests, no test can be 100% accurate and all tests are subject to a ‘window period’. The ‘window period’ for each test is at least two weeks after sexual contact with a potentially infected partner.

7.1.11. Our acceptance of any Kit orders you make via DHP will take place only after 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 or if we’ve already charged you - will refund you via the same payment method used to make the purchase. We reserve our right not to specify a reason why we’re unable to accept your order.

7.2. Daye Period Pain Clinic

7.2.1. In order to use the Daye Period Pain Clinic, first you’ll be prompted to complete a medical questionnaire which will help Daye provide advice tailored to your health context.

7.2.2. Please note that you will receive general insights from your medical questionnaire for free but you’ll need to pay a fee to access personalised pain plans and specialist support. Before you start completing the questionnaire part of the Daye Period Pain Clinic, please make sure you are comfortable with either a free or a paid package based on your needs.

7.2.3. As part of the Daye Period Pain Clinic, you’ll receive a personalised routine that includes traditional and holistic options for pain relief, resources for symptom management and lifestyle interventions to naturally reduce pain and inflammation. Please note that the personalised report you will receive from the Daye Period Pain Clinic will not contain any diagnosis but will only help you work out if your symptoms may match those of known gynaecological conditions. From there, you can either download your report from the Daye Period Pain Clinic to discuss with your doctor, or connect with vetted Practitioners through DHP such as sexual health nurses, period and pelvic pain specialists, fertility specialists, physiotherapists, nutritionists and lifestyle coaches to fast-track your journey towards diagnosis.

7.2.4. You acknowledge and agree that any relationship with third-party Practitioners who are not employed by Daye and who you’ve connected with through DHP will be separate and independent from your relationship with Daye. As such, those will be subject to a separate legal agreement and Daye will not bear any liability for the quality or appropriateness of the product and services provided by such Practitioners.

7.2.5. The Daye Period Pain Clinic has been developed with the help of NHS GPs, pelvic pain specialists, and leading experts in gynaecology. Our questionnaire and symptom assessment algorithm are based on the guidelines outlined by the Royal College of Obstetricians and Gynaecologists (RCOG), the American College of Obstetricians and Gynaecologists (ACOG), National Institute for Care Excellence (NICE), and the European Society of Human Reproduction and Embryology (ESHRE) and constitute Intellectual Property of Daye. You agree that you will not undertake any actions to copy, reverse-engineer or export the algorithm of The Daye Period Pain Clinic and that you will use the The Daye Period Pain Clinic only for your own personal use.

7.3. Daye Treatment and Care Portal

7.3.1. This section of the terms governs the prescription and dispensing by a relevant clinician or nurse of Medicine or other treatment to you, and the delivery of such Medicine to you through Daye Treatment and Care Portal, incl. any consultations with a clinician or nurse on the DHP regarding such Medicine (collectively “The Treatment and Care Services”).

7.3.2. Pharmacies we work with. Please note that Daye is not a registered pharmacy and we provide the Services part of the Daye Treatment and Care Portal in partnership with nominated GPhC registered pharmacies (“The Pharmacies”). If you order Medication provided by Cedarwood Pharmacy as one of our nominated Pharmacies, you will also be bound by the Cedarwood Terms of Sale of Medication. Below is a list of the Pharmacies we work with:

7.3.3. As part of the Services, medications are filled and dispensed by partner pharmacies, all of which are registered with the General Pharmaceutical Council (GPhC) in the UK. Some pharmacies are also registered with the Care Quality Commission (CQC) where required for specific healthcare services. Prescriptions are issued by qualified healthcare professionals—including independent prescribing pharmacists, doctors, or other appropriately registered prescribers—who comply with the requirements and standards of their respective professional bodies and healthcare regulators.

7.3.4. Data sharing with the Pharmacies. By using Daye Treatment and Care Portal you understand that your personal data will be made available to the Pharmacies to the extent this is necessary for the Pharmacies to provide the Treatment and Care Services to you.

7.3.5. Brief Overview of the Treatment and Care Services. We, in partnership with the Pharmacies, provide the Services to you based on the online questionnaires you complete on the DHP and the information you provide to the Pharmacies. Through this information we and the Pharmacies are able to determine if you are suitable for the treatment or Medicine you’ve requested through Daye Treatment and Care Portal. It is at the discretion of the Pharmacies to accept or decline an order for Medicine you may have placed based on their medical assessment of the information you’ve provided. If it is determined by the Pharmacies that you are eligible for treatment or Medicine, a confirmation notification will be sent informing you about the progress of your order. The Pharmacies will thereafter dispense and post the Medicine directly to you. If it is determined by the Pharmacies that you are not eligible for treatment, a notification will be sent, informing you about the rejection and status of the refund, which will be issued to compensate for the Medicine cost. You agree that neither Daye nor the Pharmacies are obliged to provide you with a reason for refusing a treatment or Medicine you’ve requested.

7.3.6. Accuracy of information and identity verification. Before you avail of the Treatment and Care Services, you have to provide Daye and the Pharmacies with sufficient information. Please note that the quality of the information and advice provided by Daye and the Pharmacies as part of the Treatment and Care Services is dependent on the accuracy and exhaustiveness of the information you provide. We will reuse any information already available to us but we or the Pharmacies may also ask you to complete additional treatment questionnaires, answer follow-up questions, etc. If you have purchased prescription treatment, you may also have to go through remote identity verification by providing a government-issued ID and a selfie to verify that you are the person who you claim to be. You may also be prompted to go through an identity check if you change your DHP account details such as your name. You acknowledge that the Pharmacies may not accept some orders unless a registered prescriber is able to produce a valid prescription based on the information you’ve provided. It is your responsibility to ensure all information provided on the DHP is correct and complete, and you accept that failure to do so (whether intentionally or not) will affect the quality of the Treatment and Care Services and, as such, may have consequences for which or the Pharmacies we are not responsible.

7.3.7. Assessment by the Pharmacies and prescription of Medication. Upon receipt of your completed questionnaire and payment, prescribers of the Pharmacies will aim to get back to you within 24 hours on weekdays, and 48 hours on weekends to inform you of your eligibility for the requested Medication or treatment. Please note that these timelines are indicative and non-legally-binding. Although we will endeavour to meet these timelines, neither the Pharmacies nor Daye can guarantee any timelines. On occasion, prescribes may need to ask you for additional information further to the information that you’ve already provided before prescribing Medication or a treatment. If it is determined by the individual prescriber that it is not clinically appropriate to prescribe the requested treatment or Medication to you, a refund will be issued to you at the same payment instrument you’ve used to place your order within seven working days and a notification will be sent out to you, informing you of the refusal.

7.3.8. Acceptance of your orders. Our acceptance of any Medicine orders you have made via the Treatment and Care Portal will take place only after we send a confirmation email to you. Adding the desired treatment or Medication in your cart and clicking checkout on the Daye Treatment and Care Portal is not binding for Daye or the Pharmacies to deliver such treatment or Medication but is only an offer for purchase. Once the Pharmacies actually approve the prescription of your Medication or treatment, this is deemed an acceptance of your offer. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the ordered Medicine or if we’ve already charged you - will refund you via the same payment method used to make the purchase. However, we will always charge you a prescription fee when a prescriber has assessed your case and has concluded none of the requested Medicine is suitable for you. We reserve our right not to specify a reason why we’re unable to accept your order.

7.3.9. Refusal due to quantities of repeated orders. Professional codes of conduct and legal restrictions may limit the number and frequency of any item the Pharmacies are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply.

7.3.10. NO RIGHT TO CANCEL OR RETURN AN ORDER FOR MEDICINE. Please note that use of the Treatment and Care Services that involves the prescription of Medication will require a clinician or nurse to perform an assessment of your clinical suitability for the requested Medication before the Medication can be prescribed or otherwise approved for supply to you. In other words, the Services are personalised to you and to your health condition hence why you will have no legal right to request refunds or cancelation of your order under applicable consumer protection legislation, including to the extent applicable, The Consumer Protection (Distance Selling) Regulations 2000 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under certain limited circumstances, we may, in our sole discretion and considering the circumstances, consider a cancellation request from you if we receive such a request prior to us confirming your order via email.

We cannot accept any medication returned to us (or resell it) from the moment such medication leaves the premises of the Pharmacies. However, should you, at your own cost, wish to return unwanted Medication, we will facilitate the destruction thereof in accordance with applicable regulations. Please contact us should you intend to return any unwanted Medications.

7.3.11. Non-availability/substitutes. In the event that the Pharmacies are unable to fulfil an order about particular Medicine, we may contact you to agree to an equivalent alternative Medicine that the Pharmacies offer. The original prescription/order will be revoked and a new prescription/order will be sent to the Pharmacy, if you agree.

7.3.12 Follow-up. We may contact you to check how you are doing after using the Treatment and Care Services. We may also contact you for feedback about your experience with the Treatment and Care Services, to help us improve and to ensure we meet your future needs. From time to time, we may use anonymised or pseudonymised information to carry out an evaluation of the Treatment and Care Services, to report on and improve the Treatment and Care Services we provide, and to help the Pharmacies inform good clinical practice.

7.3.13. Your commitments when using the Treatment and Care Services. As the user of the Treatment and Care Portal, you agree and warrant that:

• you will answer all questions we or the Pharmacies may ask truthfully and fully;
• you will not register on DHP more than once;
• you will not use the Treatment and Care Services in an emergency situation. If you believe that you, or the person you are assisting, is in an urgent or emergency situation, you should immediately dial 999 or seek alternative emergency medical services;
• you will not register on DHP or complete questionnaires on behalf of anyone other than yourself;
• you will read carefully each message uploaded into your DHP Account before taking any Medications that the Pharmacies’ clinicians have prescribed, and comply with any instructions given for each Medication. If you are uncertain as to how to take any Medication the Pharmacies have provided to you, you should contact us and not use the Medication until you have sufficient information and understand the correct instructions;
• you will accept the prescriber’s decision if he/she determines that it is not in your best interests to receive the requested treatment or Medication without the benefit of a face-to-face consultation;
• we will always ask for your consent before notifying your GP about any treatment or medication you have ordered through the Daye Treatment and Care Portal. For certain medicines or clinical situations, such as high-risk treatments, it may be mandatory for us to notify your GP or another healthcare professional to ensure your safety. In all other cases, we will offer to notify your GP, but if you choose to decline, it is your responsibility to inform your GP about any medications prescribed. Please keep a record of any medications you receive. However, please be aware that in an emergency situation, or where required by law, we may need to contact a healthcare professional, social services, or emergency services without your consent, even if you have declined our offer to contact your GP;
• you will ensure that no-one other than yourself has access to or consumes the Medications that we make available to you;
• where applicable, you will ensure that any Medications prescribed in advance of need are not used beyond their expiry date; and
• you will inform us if you experience any side-effects from any Medications that the Pharmacies have made available to you, or if you think that any such Medication has not been effective.

7.3.14 We are not responsible for delays outside our control. If the supply of the dispensed Medication is delayed by the Pharmacies or any other event outside our control then the Pharmacies will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided you have received this information, we will not be liable for delays caused by such events.

7.3.15. Receipt of the Medication. The prescribed Medication will be your responsibility from the time it is delivered to the shipping address you have provided. You own the Medication once we have received payment in full. You should check the content of each delivery promptly upon receipt. If you believe that the content of the delivery was sent to you in error, you should contact us immediately.

7.3.16 You acknowledge and agree that the manufacturers of medication are solely responsible for any warranty associated with the Medication they’ve produced. To the maximum extent permitted by law, Daye and the Pharmacies disclaim all warranties and conditions, express or implied, in respect of the Medication provided to you, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose.

8. Purchases and billing

8.1. When you purchase Kits, Medicine, Daye Period Pain Clinic packages or any other products or services available through 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 you’ve purchased on the DHP. When you purchase a subscription service with automatic renewal offered by Daye, you authorise Daye to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription active.

8.2. We reserve the right to accept or reject orders and purchases made on the DHP for any reason without any obligation to specify a reason to customers. Prices and availability of DHP products and services are subject to change without prior notice to customers.

8.3. 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 and all DHP services and products requested will be provided.

8.4. 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 subject to the newly updated subscription fees.

8.5. Your subscriptions on the DHP will automatically renew until you cancel them or until they are terminated by Daye. If you want to cancel or pause your subscription, you can do so through your DHP Account.

8.6. No refunds will be made by Daye for inaccurate Screening Data, inappropriate advice or Medicine provided due to the customer not adhering to the current terms and conditions.

9. Changes to DHP

9.1. You acknowledge and agree that Daye may make changes to, suspend or withdraw DHP and any products or services provided through DHP with or without notice to you.

9.2. 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.

10. Acceptable use

As a condition for using DHP, you represent and agree you shall not engage in any of the following activity:

1. resale, offer to sell, distribution and commercial (non-personal) use of Screening Services, The Kits, Medicine, The Daye Period Pain Clinic, or any other service or product offered or sold as part of DHP;
2. misrepresent the identity or create false or deceitful identities of persons and applicable details in order to place purchases of Kits, Screening Services, Medicine or other DHP services or products including sending biological samples that are not your own;
3. any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to copy, download or scrape data or content from DHP;
4. download (other than page caching and allowed exports of results from Microbiome Screening and STI Screenings) 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 your personal information;
5. 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;
6. use of communication systems provided by Daye for any unauthorised commercial solicitation purposes;
7. use of any portion of DHP as a destination linked in any unsolicited bulk messages or unsolicited commercial messages;
8. misrepresenting your age in order to obtain a DHP Account or avail of any products or services available on DHP;
9. impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
10. use DHP outside of the countries where such use is permitted;
11. 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;
12. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Daye or DHP;
13. 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.);
14. violate these Terms;
15. any use of DHP products and services other than for their intended purposes;

11. Research

11.1. 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 can change what is possible for gynae health.

11.2. In particular, Daye intends to store results from Microbiome Screening, STI Screening and the Daye Period Pain Clinic including biological samples for at least ten (10) years after analysing your sample. We will make sure that any 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 data and biological samples are used for research, it won’t be possible to link that data or samples back to you.

11.3. 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 regulatory and ethics approvals for the use of the data, granted by competent and authorised ethics committees or authorities
• 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.

11.4 It is important to understand that by using DHP, 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.

11.5 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 DHP 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.

12. 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.

13. Liability and acknowledgements

You acknowledge and agree that:

1. 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 results from Microbiome Screening or STI Screenings 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;
2. The results from my Microbiome Screening, any insights, recommendations or information you received or learned from the Daye Period Pain Clinic 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. Results from Microbiome Screening and advice from the Daye Period Pain Clinic 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;
3. Daye makes no representation, warranties or provides any guarantee that the advice and 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;
4. Daye has no responsibility or liability for the loss of your data due to malfunction or destruction of data servers or other catastrophic events beyond Daye’s control;
5. Daye relies on third-parties to deliver some of the products and services available via DHP (e.g. mail services, pharmacies, nutritionists, nurses, laboratories, sellers of lab consumables, supplements, etc.). Certain circumstances in our supply chain and the business operations of DHP may cause unexpected delays in the provision of products or services. 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;
6. You will not use products and services available on 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 (save for a diseases that are tested via the STI Screening);
7. 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;
8. 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;
9. You understand that some of the discretionary products and services available to you on DHP, such as provision of sexual and reproductive health advice, nutritionist advice, the Daye Treatment and Care Portal, etc. are provided by third-party Practitioners who will leverage data received from questionnaires filled by you, Screening Data, health history and other information that you’ve already provided to Daye. Daye is not a medical service provider, nor a healthcare facility, and we do not provide health services but we only assist you through the DHP with easy access to such services. Practitioners whose services are offered via the DHP, albeit affiliated with Daye, are independent professionals solely responsible for their workspace, materials, tools and quality of service delivered to you and who have adequate and appropriate insurance or indemnity in place. Those third-parties are licensed professionals who are pre-selected by Daye but Daye cannot and shall not assume responsibility or liability for the acts or omission of such Practitioners and for any damages caused to you as a result. If you would prefer to have your trusted medical professional provide those services to you, you can always download your Screening Data data and other associated medical information or recommendations from DHP and share it with them.
10. 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).
11. Daye shall not be liable for and loss of your emotional well-being including, but not limited to, any embarrassment caused.
12. Nothing in these Terms and Conditions excludes or limits Daye’s liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects your statutory rights.

14. Marketing

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.).

15. Termination

15.1. These Terms will continue to be effective until terminated by either you or Daye as set out in this section.

15.2. 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.

15.3. 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.

15.4. 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.

15.5. 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.

16. Returns and refunds

16.1. For physical orders (save for orders of Medicine), you have the right to cancel orders you’ve placed on DHP before we’ve sent you a packing 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.

16.2. For physical orders (save for orders of Medicine), 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 physical 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.

16.3. To exercise your right to cancel a purchase and request a refund, please use your DHP Account or send a request to hello@yourdaye.com.

16.4. 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.

16.5. 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.

16.6. Please note that for orders of prescribed Medicine and for digital services such as the Daye Period Clinic, you will have no legal right to request refunds or cancellation of your order.

17. We may transfer this agreement to someone else

17.1. 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.

17.2. You may not assign this agreement without the written consent of Daye and any attempt to do so shall be void.

18. Geographical limitations

DHP is directed to people residing in certain geographies. We do not represent that content, products or services available on or through DHP are appropriate for use or available in other locations.

19. You must keep your DHP Account details safe

19.1. 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.

19.2. 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.

19.3. If you know or suspect that anyone other than you knows your user identification code or security credential used to access your DHP Account, you must promptly notify us at hello@yourdaye.com.

20. How you may use material on DHP

20.1. We are the owner or the licensee of all intellectual property rights in DHP, and in the material, images, algorithms and other works published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

20.2. 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.

20.3. 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.

20.4. 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).

20.5. 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.

20.6. If you print off, copy, download, share or repost any part of DHP in breach of these terms of use, your right to use DHP will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

21. 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.

22. 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.

23. Which country’s laws apply to any disputes?

23.1. If you are a consumer in the United Kingdom, these Terms of Use, their subject matter, and their formation are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

23.2. If you are a consumer in the European Union or Ireland, you may bring a claim to enforce your consumer protection rights in the country in which you reside. Nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

23.3 If you are a consumer in the United States, these Terms of Use are governed by the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Castle County, Delaware for any disputes arising out of or relating to these Terms, except where applicable law provides you with the right to bring a claim in your local jurisdiction.

24. Complaints

24.1 We welcome any form of feedback. We have put standard operating procedures in place to ensure that we handle and resolve customer complaints in the best way possible. If you’re dissatisfied with products or services provided on the DHP, you can raise a complaint at hello@yourdaye.com at any time. If we receive a complaint from you, we will:

• treat your complaint with respect and courtesy;
• treat your complaint as confidential making it available only to staff that will be dealing with your complaint and therefore has a “need-to-know”;
• check if you, as a complainant, have grounds for making a complaint, i.e. you are an individual affected by an action, omission or decision of Daye or the Pharmacies in relation to the Services. In practice, this may be instantly apparent for us without the need for any analysis or further questioning. However, if analysis is required then in order to assess if you have grounds for a complaint, we may request additional information from you;
• assess if the actions necessary for the resolution of your complaint lie within Daye’s or the Pharmacies’ remit and based on that - proceed with your complaint or refer your complaint to one of the Pharmacies for resolution, in which case we will inform you about such referral; and
• if there are no grounds for complaint as per the criteria in 24.1.3 above, we will not proceed with your complaint and will inform you about that.

24.2 Please note that the turnaround time it will take to investigate and successfully resolve a complaint is solely dependent on the type of complaint. Be assured that we will inform you via email or telephone each step of the way on how we are dealing with your complaint.