1. Agreement to These Terms
These Terms of Service ("Terms") are a binding agreement between you and the individual operator of the Daybreak application ("Daybreak," "we," "us," or the "Operator"). By downloading, installing, or using Daybreak (the "App"), you agree to these Terms and to the Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the App.
You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.
2. The App
Daybreak is an educational app that teaches the narrative of the Bible through stories, exercises, and reading tools. Scripture text is drawn from the King James Version, which is in the public domain.
The App is provided for general educational and personal-enrichment purposes only. It is not, and is not a substitute for, professional, pastoral, counseling, medical, legal, or financial advice. Interpretive summaries, story retellings, definitions, and study aids reflect editorial choices and may not align with the teaching of any particular tradition or denomination.
3. License
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, subject to these Terms and to the Apple Media Services Terms and Conditions.
4. Acceptable Use
You agree not to: (a) copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App or its content except as these Terms allow; (b) reverse engineer, decompile, or attempt to extract the source code of the App except to the extent the law expressly permits; (c) use the App in any unlawful manner or in violation of any applicable law or regulation; (d) interfere with or disrupt the App or the servers and networks connected to it; (e) use any automated system to access the App; or (f) misrepresent your affiliation with any person or entity in content you submit.
5. Feedback and Submissions
The App lets you submit free-text feedback and survey responses ("Submissions"). You grant the Operator a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and otherwise exploit Submissions for any purpose, including improving and promoting the App, without compensation, attribution, or obligation to you. Do not include in Submissions any information you consider confidential or any content you do not have the right to share. You represent that your Submissions do not violate any third party's rights.
6. Intellectual Property
The App and all of its content — including its curriculum, story texts, narration audio, exercises, definitions, artwork, sound design, software, and branding — are owned by the Operator or the Operator's licensors and are protected by copyright, trademark, and other laws. Except for the limited license in Section 3, no rights in the App or its content are granted to you. The King James Version scripture text itself is in the public domain; all original compilations, retellings, and presentations of it in the App are protected content.
7. Privacy
Your use of the App is subject to the Privacy Policy, which describes what information the App collects (including analytics and session replay data), how it is used, and the choices available to you. Please read it.
8. Changes to the App
We may add, change, suspend, or discontinue any part of the App — including content, courses, features, and free offerings — at any time, without notice or liability. We do not guarantee that any particular feature, content, or progress data will remain available.
9. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT IS COMPLETE, RELIABLE, OR SUITED TO YOUR PURPOSES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) THE OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR PROFITS, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) THE OPERATOR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS (US $50) OR THE AMOUNTS YOU PAID TO THE OPERATOR FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Operator from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the App; (b) your Submissions; or (c) your violation of these Terms or of any law or third-party right.
12. Termination
You may stop using the App at any time by deleting it. We may suspend or terminate your license to use the App at any time, with or without notice, if we reasonably believe you have violated these Terms or where required by law. Sections that by their nature should survive termination (including Sections 5, 6, and 9 through 15) survive.
13. Governing Law; Dispute Resolution; Class Waiver
These Terms are governed by the laws of the District of Columbia, without regard to conflict-of-laws rules.
Informal resolution first: before filing any claim, you agree to contact us at the address in Section 16 and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Binding arbitration: any dispute arising out of or relating to the App or these Terms that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
CLASS ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
Opt-out: you may opt out of this arbitration agreement by emailing the address in Section 16 within thirty (30) days of first accepting these Terms, stating your name and your intent to opt out of arbitration.
14. Apple App Store Terms
These Terms are between you and the Operator only — not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support for the App. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection claims. In the event of a third-party claim that the App infringes intellectual property rights, the Operator, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. General
These Terms, together with the Privacy Policy, are the entire agreement between you and the Operator regarding the App and supersede any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect, except that if the class action waiver is found unenforceable, the arbitration agreement in Section 13 will be void. Our failure to enforce any right is not a waiver of it. You may not assign these Terms; we may assign them in connection with a transfer of the App. We are not liable for delay or failure caused by events beyond our reasonable control.
16. Changes to These Terms; Contact
We may update these Terms from time to time. Material changes will be indicated by updating the version and date above, and continued use of the App after changes take effect constitutes acceptance. Questions about these Terms: joshuabseitz@gmail.com.