This is the data security and privacy policy (“Privacy Policy“) that governs how we, Heuristic Innovations, LLC. (“SunDay“, “we“, “us” or “our“), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of.

This Terms of Use Agreement (this “Agreement”) is entered into by and between Heuristic Innovations LLC (the “Author”) and “you,” the user of this app. Access to, use of and/or browsing of the App is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the App, you hereby agree to these terms and conditions.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE APP IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE APP.

BY ENTERING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

 

DISCLAIMER OF ALL WARRANTIES

The Information made available at the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the App regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the App, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the App for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.

 

This app is intended to be used for educational purposes only. It should not be used as a substitute for professional medical advice. Users of this app should consult their health care professional before making any health, medical or other decisions based on the results of the daily calculations of vitamin D intake provided by this app.

Calculation of vitamin D intake from foods, multivitamins and casual sun exposure is based on certain assumptions. While great care has been taken to ensure the accuracy of the calculated estimates, no warranty is expressed or implied regarding these calculations. Users should not rely solely on the calculated estimate of daily vitamin D intake from this app. No warranty is expressed or implied regarding the actual blood levels of vitamin D, which should be obtained only through professional testing under the supervision of a medical professional.

The Necklace QR code scanning feature will be functioning only in case of obtaining the original, company-produced SunDay Necklace. In this version of the app you can find more information on how the Necklace feature works in the “View Guide” section, which is there for educational and informative purposes. The company is not responsible for any products produced by other manufacturers, as well as the harm done by them.

 

WAIVER

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

THE APP AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE APP, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE APP SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.

 

1. Consent and Modification

By using this app and its services, you signify your assent to (i) these Terms; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Application (collectively the “App Terms“). The App Terms apply to all users of the Service. If you do not agree to the App Terms, then please do not access or otherwise use the Service or any information contained herein.

We reserve the right, at our discretion, to change the App Terms at any time, which change will be effective fourteen (14) days following posting the revised App Terms on the Service. Your continued use of the Service fourteen (14) days following such posting means you will accept those changes.

Receipt and Collection of Information

a. Accounts.

In order to use our Service, you may be required to create and register an account (an “Account”). By doing so, you agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and are the one expected to keep your password secure. In case of any breach of security or unauthorized use of your account, you must immediately notify SunDay about the case. As between you and SunDay, you are solely responsible and liable for the activity that occurs in connection with your Account. You may delete your Account at any time by following the options within Service.

b. Third Parties.

The App may include links and references to web sites or services solely as a reference point to Users (hereby: “Reference Sites”). SunDay doesn’t endorse any such Reference Sites or the materials, products, information, or services contained there. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

c. Purchases.

The App and some additional features may be purchased from a third party mobile device platform or service provider such as, but not limited to, the Apple, Inc. (“Apple“) App Store and the Google, Inc. (“Google”) Play Store (each, a “Distributor“). The Distributor may make available to you various payment processing methods to facilitate the purchase of the App. It is your decision whether to agree to the privacy policy of said third party service providers when making purchases.

d. Feedback.

If you send us feedback, we reserve the right to receive and store a copy of your email address, as well as any other Personal Information you disclose.

2. The Way We Use Personal Information

In case of being granted the permission, the app will be saving the information related to the statistics on the iCloud linked to your device. You may opt out of this feature manually if you prefer to.

By using our App and Service, you agree to share some Personal Information. The information you share with us helps us operate, provide, improve, understand, customize, support, and market our Services. If you submit or if we collect your Personal Information through our Service, the Information may be used in the following ways:

1. To provide the Service to you, to improve the Service, to contact you in response to a feedback request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the App.
2. We may send you in-App notifications regarding the App, our services and third party advertisements.
3. We may transfer your Personal Information (such as your account Information with your name, email, photo, and any other personal information we collected through the use of our Service) to our affiliated companies for the purpose of providing marketing services or storing or processing such information on our behalf. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy. In particular, if you provide Personal Information to us it may be transferred to and processed on computers in the U.S. and other countries. Do not provide your Personal Information to us through this Application if you do not want this information to be transferred outside of your country, or if the laws in your country restrict these types of transfers. Your provision of Personal Information to us will be handled in accordance with this Privacy Policy. From time to time, your Personal Information may be transferred to a country different from where you are located. Your legal rights may be different in these countries, but we will hold your Personal Information in accordance with this Privacy Policy. You hereby consent to such transfers and processing as described in this Privacy Policy. Your provision of Personal Information to us through this application means that you agree to the terms of this Privacy Policy.
4. We may transfer your Personal Information to our third party service providers (such as a server hosting provider), but only to provide our services to you. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a privacy policy governing their processing of Personal Information.
5. We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of the company, our users, yourself or the public.
6. We may sell your data to third parties to use and further resell.

3. Terms & Termination

The Terms described here are effective until terminated by SunDay or you. SunDay, in its sole discretion, has the right to terminate your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the App Terms). SunDay shall not be liable to you or any third party for termination of the Service, or any part thereof.

If you object to any term or condition of the App Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of your Account and, if applicable, the App.

4. Opting Out.

You may choose not to receive future promotional, advertising, or other App-related notifications from us by changing the notification settings on your device. In case you choose not to receive any notifications and materials, you may still be able to use the app and its services, however may be unable to use certain services that involve our interaction with you.

5. Choice.

At all times, you may choose whether or not to provide or disclose Personal Information. We will notify you whenever we collect Personal Information, and it is up to you to grant us with it or not. If you choose not to provide the Personal Information we request, you may still use the App, but you may be unable to access certain materials and services that involve our interaction with you.

6. Merger, Sale or Bankruptcy.

In case of sale or merge of the company by a third party entity, or if we are subject to bankruptcy or any event similar in kind, we reserve the right to transfer or assign Personal Information in connection therewith.