Version 1.0
Effective Date: 23rd August, 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 Inc (“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”) (collectively the “Services”), Daye provides the Services to you (“you”) through the Daye’s Website and through its related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by Daye (collectively, including any new features and applications, and the Site and the App, the “Service(s)”), subject to the following Terms and Conditions (as amended from time to time, the “Terms”).
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, drug suggestions and lifestyle advice from third-party providers (”Practitioners”) whose remote services are offered to you through the DHP. Collectively, this constitutes Daye’s Health Platform service or just DHP for short.
To use DHP, Daye customers are required to create a dedicated account on Daye’s Website (“DHP Account” or “Account”). Before using DHP and creating a DHP Account please read these Terms carefully. These Terms as well as the Privacy Policy located at ____________________ and incorporated into these Terms, make up the user agreement (the “Agreement”) for DHP and describes the terms and conditions applicable to your use of our Services.
USE OF DAYE’S SERVICES IS NOT APPROPRIATE FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST URGENT CARE OR EMERGENCY ROOM.
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DHP is a service operated by Anne’s Day Inc., with an address at 2140 S.Dupont Highway, Camden, Delaware, 19934.
By clicking to accept 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, these Terms shall govern your use of DHP.
These Terms refer to the following additional terms, which also apply to your use of DHP:
We reserve the right to amend these Terms including any notices, policies, or guidelines incorporated herein from time to time in 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. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
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.
In order to use the DHP, you must:
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, contact details 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 authorized 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 the security credentials used for access to your DHP Account (such as your phone number or email address) and for restricting access to such information and to your computer or device. You agree to immediately notify Daye of any unauthorized access or use of your DHP Account or security credentials and any other breach of security thereof.
You also agree to ensure that you exit from your DHP Account at the end of each session. You should use particular caution when accessing your DHP Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
In order to use VMS, first you need to order a Kit. Once you receive your Kit, 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.
When activating your Kit, you’ll be prompted to go through a medical questionnaire which will help Daye link 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 sample taken with 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:
To avoid confusion and inaccuracies in Screening Data, you should not activate a Kit with samples of friends, relatives or other third parties.
After we receive your sample, we will ensure it is analyzed in professional laboratories selected and engaged directly by Daye which are accredited in accordance with International Standard ISO 15189:2022 – General Requirements for the competence and quality of medical 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 analyzed, 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 analyzed 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 personalized aftercare services, such as scheduling virtual and in-person appointments with specialists, 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 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 to the original payment method used in the charge. 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.
When you purchase Kits or any other products or services available as part of DHP, you authorize 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.
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:
We at Daye want to push the envelope when it comes to gynecological health. This is why we intend to use anonymized data generated from usage of DHP to support research and development projects or clinical research that change what is possible for gynecological health.
In particular, Daye intends to store Screening Data and biological samples for at least ten (10) years after analyzing 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.
Anonymized 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:
It is important to understand that by using VMS, you take part in Daye’s efforts to improve the understanding and treatment of gynecological 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 de-identified 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 license to use the aforesaid data.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Daye’s Website or the DHP will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Daye’s Website or the DHP for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DAYE’S WEBSITE, THE DHP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAYE’S WEBSITE, THE DHP, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE DAYE’S WEBSITE, THE DHP, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAYE’S WEBSITE AND/OR THE DHP IS AT YOUR OWN RISK. THE DAY’S WEBSITE, THE DHP, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAYE’S WEBSITE AND/OR THE DHP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DAYE NOR ANY PERSON ASSOCIATED WITH DAYE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DAYE’S WEBSITE AND/OR THE DHP. WITHOUT LIMITING THE FOREGOING, NEITHER DAYE NOR ANYONE ASSOCIATED WITH DAYE REPRESENTS OR WARRANTS THAT THE DAYE’S WEBSITE, THE DHP, THEIR RESPECTIVE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAYE’S WEBSITE AND/OR DHP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE DAYE’S WEBSITE AND/OR DHP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DAYE’S WEBSITE, THE DHP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAYE’S WEBSITE AND/OR THE DHP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DAYE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DAYE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DAYE’S WEBSITE, THE DHP, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE DAYE’S WEBSITE, THE DHP, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Daye, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Daye’s Website and/or the DHP, including, but not limited to, any use of the Daye’s Website’s and/or the DHP's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Daye’s Website and/or the DHP.
In case of violation of any one or more of the warranties, representations, policies or other provisions 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.
You acknowledge and agree that:
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 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.
You have the right to cancel orders you’ve placed on DHP until 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.
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 hello@yourdaye.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 our rights and obligations under these Terms to another organization. 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.
The owner of the DHP is based in the United States. We provide this DHP for use only by persons located in the United States. We make no claims that the DHP or any of its content is accessible or appropriate outside of the United States. Access to the DHP may not be legal by certain persons or in certain countries. If you access the DHP from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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 security credential used to access your DHP Account, you must promptly notify us at hello@yourdaye.com.
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 United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. 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).
These Terms permit you to use the DHP for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any part of the content on DHP for commercial purposes without obtaining a license to do so from us or our licensors.
Notwithstanding the foregoing:
You must not:
You must not access or use for any commercial purposes any part of the DHP or any services or materials available through the DHP.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the DHP in breach of these Terms, 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. No right, title, or interest in or to the DHP or any content on the DHP is transferred to you, and all rights not expressly granted are reserved by Daye. Any use of the DHP not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Daye name, the terms “DAYE”, “BE YOUR OWN HEALTH HERO”, “TO HEALTH ON YOUR TERMS”, “HEMPON”, “Daye Nude”, the Daye logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Daye or its affiliates or licensors. You must not use such marks without the prior written permission of Daye. All other names, logos, product and service names, designs, and slogans on the DHP are the trademarks of their respective owners.
Where DHP contains links to websites, 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 websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Once you leave Daye’s Website and go to a third-party website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policy for such third-party website.
We will only use your personal information as set out in the DHP Privacy Notice.
All matters relating to the DHP and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the DHP shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
[ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE DHP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Daye of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Daye to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.