Terms of Service

These Terms of Service ("Terms") govern your use of ThisDayWithYou, including the website, mobile applications, and all related services ("Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

In these Terms, the following definitions apply:

• "Service" means the ThisDayWithYou application, website at thisdaywithyou.com, and all related features, content, and functionality.
• "We", "Us", "Our" refers to ThisDayWithYou, the company operating the Service.
• "User", "You", "Your" means any individual who accesses or uses the Service.
• "Primary User" means a person with cognitive needs who uses the simplified app interface designed for daily memory support.
• "Caregiver" means a family member or authorized person who manages content and settings on behalf of a Primary User.
• "Content" means any text, images, photos, memories, medication information, or other data you create, upload, or store through the Service.
• "Family" means a group of connected accounts consisting of Primary Users and their authorized Caregivers.

2. Eligibility

2.1 Age Requirements

You must be at least 16 years old to create an account and use the Service. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service.

2.2 Legal Capacity

By using the Service, you represent that you have the legal capacity to enter into these Terms. If you are registering on behalf of another person (such as a Primary User with cognitive impairment), you represent that you have the legal authority to do so.

2.3 Compliance

You agree to use the Service in compliance with all applicable local, national, and international laws and regulations.

3. Account Registration

3.1 Account Creation

To access most features of the Service, you must create an account by providing accurate and complete information, including a valid email address and password.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Information

You agree to keep your account information accurate and up-to-date. We may suspend or terminate accounts with false or misleading information.

4. Service Description

4.1 Purpose

ThisDayWithYou is designed to help people with cognitive challenges maintain connection with their daily life through gentle memory support. The Service provides tools for creating and viewing daily memories, managing important contacts, and optionally tracking medications.

4.2 Features

The Service may include:

• Daily memory creation and viewing
• Photo albums and memory preservation
• Person directory for important contacts
• Medication tracking and reminders (optional)
• Push notifications and reminders
• Offline access through progressive web app technology

4.3 Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

5. User Roles and Responsibilities

5.1 Primary Users

Primary Users access a simplified interface designed for ease of use and emotional safety. The Primary User experience is intentionally limited to reduce confusion and anxiety.

5.2 Caregivers

Caregivers have expanded capabilities including:

• Creating and editing memories for Primary Users
• Managing the Person Directory and photo albums
• Setting up and managing medication schedules
• Configuring notifications and preferences
• Inviting other Caregivers to the Family

5.3 Caregiver Responsibilities

As a Caregiver, you acknowledge and agree that:

• You have proper authority to manage content for the Primary User
• You will act in the Primary User's best interest
• Information you provide is accurate and appropriate
• You have obtained necessary consents for third-party information (photos, contact details)

6. Acceptable Use

6.1 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose
• Upload content that is harmful, threatening, abusive, or discriminatory
• Infringe upon the intellectual property rights of others
• Transmit viruses, malware, or other harmful code
• Attempt to interfere with or disrupt the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to extract data from the Service
• Impersonate another person or entity
• Use the Service for unauthorized commercial purposes

6.2 Enforcement

We reserve the right to investigate violations and take appropriate action, including removing content, suspending accounts, or reporting to authorities.

7. User Content

7.1 Ownership

You retain ownership of all Content you create or upload to the Service. We do not claim ownership of your memories, photos, or personal information.

7.2 License to Us

By uploading Content, you grant us a limited, non-exclusive license to store, process, and display your Content solely for the purpose of providing the Service to you. This license ends when you delete your Content or account.

7.3 Content Responsibility

You are solely responsible for the Content you upload. You represent that you have all necessary rights to upload and share such Content, including photos of other people.

7.4 Data Export

You may request a copy of your data at any time through the Service settings or by contacting us. We will provide your data in a commonly used, machine-readable format.

8. Subscriptions and Payments

8.1 Subscription Plans

The Service offers both free and paid subscription plans. Paid plans provide additional features and storage capacity. Current pricing and features are displayed on our website and within the application.

8.2 Free Trial

We may offer a free trial period for paid plans. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

8.3 Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or yearly, depending on your chosen plan). Payments are processed securely through PayPal.

8.4 Automatic Renewal

Subscriptions automatically renew unless you cancel before the renewal date. You can cancel your subscription at any time through the Service settings. Cancellation takes effect at the end of the current billing period.

8.5 Refunds

Subscription fees are generally non-refundable. However, you may be entitled to a refund under applicable consumer protection laws. For refund requests, please contact us.

8.6 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will not affect your current billing period.

9. Health Information Disclaimer

9.1 Not Medical Advice

The Service, including the medication tracking feature, is provided for informational and organizational purposes only. It is NOT intended to provide medical advice, diagnosis, or treatment recommendations.

9.2 No Replacement for Professional Care

The Service does not replace professional medical care. Always consult qualified healthcare providers for medical decisions. Never disregard professional medical advice or delay seeking it because of information from the Service.

9.3 Medication Reminders

Medication reminders are provided as a convenience tool only. We do not guarantee the accuracy, completeness, or timeliness of reminders. You remain responsible for managing medications according to healthcare provider instructions.

9.4 Emergencies

In case of a medical emergency, contact emergency services immediately. Do not rely on the Service for emergency situations.

10. Intellectual Property

10.1 Our Rights

The Service, including its design, features, code, and branding, is owned by ThisDayWithYou and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose in accordance with these Terms. This license does not include the right to sublicense, sell, or commercialize the Service.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation to you.

11. Third-Party Services

11.1 Payment Processing

Payments are processed by PayPal. Your use of PayPal is subject to PayPal's terms of service and privacy policy. We do not store your payment card details.

11.2 External Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of these external sites.

12. Termination

12.1 Termination by You

You may delete your account at any time through the Service settings. Upon deletion, we will remove your personal data according to our Privacy Policy, subject to legal retention requirements.

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in illegal activities
• Your actions harm other users or the Service
• We suspect fraudulent activity

We will provide reasonable notice before termination when possible, except in cases of serious violations.

12.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive termination will remain in effect.

13. Disclaimers

13.1 "As Is" Basis

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2 No Guarantees

We do not guarantee that:

• The Service will be uninterrupted or error-free
• The Service will be completely secure
• All information will be accurate or complete
• The Service will meet your specific requirements

14. Limitation of Liability

14.1 Exclusion of Damages

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data or content
• Loss of profits or revenue
• Loss of use of the Service
• Service interruptions

14.2 Liability Cap

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

14.3 Exceptions

These limitations do not apply where prohibited by law, including mandatory consumer protection laws in your jurisdiction.

15. Indemnification

You agree to indemnify and hold harmless ThisDayWithYou and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Content you upload or share
• Your violation of any third-party rights

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will notify you via email or in-app notification
• The "Last updated" date will be revised
• You will have an opportunity to review the changes

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

17. Governing Law and Disputes

17.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Italy. However, this does not affect your rights under mandatory consumer protection laws in your country of residence.

17.3 Consumer Rights

If you are a consumer in the European Union, you benefit from mandatory provisions of consumer protection laws in your country of residence. Nothing in these Terms affects your rights as a consumer.

18. Contact Us

If you have questions about these Terms of Service, please contact us:

Last updated: January 2026