Please read these terms carefully. By using NewDay you agree to them. If you disagree, please stop using the app.
These Terms of Service ("Terms") are a legal agreement between you and NewDay Software Solutions LLC, an Alabama limited liability company ("NewDay," "we," "us," or "our"). They govern your use of the NewDay mobile application and website (collectively, the "Service"). By downloading, installing, or using NewDay, you agree to be bound by these Terms. If you are using NewDay on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
You must be at least 13 years old to use NewDay. By using the Service, you represent and warrant that you are 13 years of age or older. If we become aware that a user is under 13, we will terminate their account immediately. If you are a parent or guardian and believe your child under 13 has used NewDay, please contact us at support@trynewday.app.
NewDay is a personal development and habit-change application. It is not a medical service, mental health service, addiction treatment program, or clinical intervention of any kind.
Creating an account is optional. If you create one:
You agree to use NewDay only for lawful personal purposes and in accordance with these Terms. You agree not to:
Certain features of NewDay require a paid subscription. Subscriptions are managed through Apple App Store and Google Play Store and processed by RevenueCat, Inc.
NewDay and all original content within it — including the app design, text, graphics, logos, and the intervention framework — are owned by NewDay Software Solutions LLC. Original creative works within the app are protected by copyright under applicable law from the moment of creation; the NewDay name and logo are used as unregistered trademarks of NewDay Software Solutions LLC. These rights are reserved regardless of whether a specific copyright or trademark registration has been filed.
NewDay's intervention framework draws on concepts from The Easy Peasy Method to Quit Porn by HackAuthor², available at easypeasymethod.org and licensed under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0). Portions of NewDay derived from or adapted from that work remain licensed under CC BY-SA 4.0 and are attributed to the original author. No endorsement by the original author is implied. NewDay's original content, structure, design, and code are not derived from that work and remain the proprietary intellectual property of NewDay Software Solutions LLC.
You may not copy, reproduce, distribute, or create derivative works from NewDay's proprietary content without our express written permission.
NewDay allows you to enter personal content such as Reflection entries and optional notes attached to logged relapses. This content is yours.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWDAY SOFTWARE SOLUTIONS LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
You agree to indemnify, defend, and hold harmless NewDay Software Solutions LLC and its members, officers, employees, and affiliates from and against any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law; or (c) your infringement of any third-party rights.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we have reasonable grounds to believe you have violated these Terms or applicable law. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will do so, including Sections 7, 9, 10, 11, and 14.
We may update these Terms from time to time. If we make material changes, we will notify you within the app before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, please stop using the Service and delete your account.
These Terms are governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) in Alabama, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Alabama to prevent irreparable harm pending arbitration.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION WITH RESPECT TO ANY CLAIM COVERED BY THESE TERMS.
If you have questions about these Terms, please contact us:
NewDay Software Solutions LLC
c/o Northwest Registered Agent Service, Inc.
212 W. Troy St. STE B
Dothan, AL 36303
Email: support@trynewday.app