User Agreement for DayInColor

Table of Contents

Introduction

Welcome to DayInColor! This User Agreement ("Agreement") is a legal agreement between you and CAPTURED LABS PTY LTD (ABN 31 614 160 913), an Australian company ("we," "our," or "us"), regarding your use of the DayInColor mobile application (the "App").

By downloading, installing, or using our App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please do not use our App.

Acceptance of Terms

By accessing or using the DayInColor App, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. This Agreement applies to all users of the App, including visitors and registered users.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

Description of Service

DayInColor is a mood tracking application that allows users to:

• Record daily moods using color-coded selections
• View mood history in a visual calendar format
• Access statistics and insights about mood patterns
• Share mood data through generated images
• Sync data across multiple devices (with account)
• Export personal mood data

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice.

User Accounts

Account Creation

• You may use the App without creating an account
• Account creation is required for cloud sync and data backup features
• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials

Account Security

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from unauthorized account use

User Conduct

You agree to use the App only for lawful purposes and in accordance with this Agreement. You agree not to:

• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the App or its systems
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use automated systems to access the App without permission
• Share false, misleading, or harmful content

Intellectual Property

The DayInColor App and its original content, features, and functionality are owned by CAPTURED LABS PTY LTD and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or distribute the App without permission
• Use our trademarks or logos without written consent
• Create derivative works based on the App
• Remove or alter any proprietary notices

Your mood data and any content you create using the App remain your property, subject to the terms of our Privacy Policy.

Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

Key points about your data:

• Your mood data is stored locally on your device
• Cloud sync is optional and requires an account
• We do not sell your personal information to third parties
• You can export or delete your data at any time
• We use industry-standard security measures to protect your data

Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of the App
• Warranties that the App will be uninterrupted or error-free
• Warranties regarding the security of data transmission

DayInColor is a mood tracking tool and is not intended to replace professional medical advice, diagnosis, or treatment. Always consult with qualified healthcare professionals for medical concerns.

Limitation of Liability

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

• Loss of profits, data, or use
• Business interruption
• Personal injury or property damage
• Emotional distress

Our total liability to you for any claims arising from this Agreement or your use of the App shall not exceed the amount you paid for the App, if any.

Indemnification

You agree to indemnify and hold harmless CAPTURED LABS PTY LTD, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of this Agreement
• Your violation of any third-party rights
• Any content you submit or share through the App

Termination

This Agreement is effective until terminated. You may terminate this Agreement at any time by:

• Deleting the App from your device
• Deleting your account (if applicable)
• Contacting us to request account deletion

We may terminate this Agreement immediately if you breach any of its terms. Upon termination:

• Your right to use the App will cease immediately
• We may delete your account and associated data
• Provisions that by their nature should survive termination will remain in effect

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.

Changes to Terms

We reserve the right to modify this Agreement at any time. We will notify users of material changes by:

• Posting the updated Agreement in the App
• Updating the "Last Updated" date
• Sending notifications for significant changes

Your continued use of the App after changes become effective constitutes acceptance of the modified Agreement.

Contact Information

If you have any questions about this Agreement, please contact us:

Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and CAPTURED LABS PTY LTD regarding the use of the DayInColor App and supersedes all prior agreements and understandings.