Legal

1. Information we collect

Kaskamko may collect personal information and other data necessary to operate our business, provide the Service, fulfill user requests, and maintain our relationship with users. Depending on the nature of your interaction with the Service, categories of information we may collect include:

Personal identifiers

Name, email address, account credentials, passwords (stored only in hashed form by our authentication provider and never visible to us in plain text), and Kaskamko user account identifiers.

Goal and habit data

The goals you create or choose from templates, the completions you mark, the values you log against numeric goals (for example, glasses of water), streak history, and the order in which you arrange your goals.

Health and fitness data

If you choose to use the app's optional health and fitness features, we process health and fitness information you enter or that you permit the app to read. This includes body weight and body-measurement or body-composition metrics you track (for example, waist, body fat percentage, or muscle mass), medication and dosing information for the optional medication tracker, and, if you connect Apple Health, data read from Apple Health. The categories the app is able to read from Apple Health are: body weight, body fat percentage, body mass index, blood pressure (systolic and diastolic), step count, exercise minutes, sleep analysis, and your Apple Fitness activity summary (the active energy you have burned and your Move goal). The app reads only the categories you approve, and only for the features you turn on; approving one does not enable the others. The app writes a single category back to Apple Health: body weight readings that you logged in DailyQuad, and only when you have connected the Apple Health weight sync. It writes nothing else to Apple Health, and it never writes back a reading that came from Apple Health in the first place. Reading and writing happen on your device. If you use the optional Sheet Reader, any photo or screenshot of a report you scan is processed on your device to read its values and is not uploaded to us. This information is processed on your device to display your progress and to fill in your own goals and metrics. With your consent, it is stored locally and synced to your own account through our data provider so it is available across your devices. You control this data: you can turn the features and the Apple Health connection off at any time, and you can delete your data. We never sell your health or fitness information, and we never use it for advertising, marketing, or data mining. If you connect Apple Health, we only read the specific data types you approve in the Apple Health permission prompt, and we do not share Apple Health data with third parties except the data provider that syncs it to your own account at your direction. If you accept a Playbook, and a goal in that Playbook is one of these health or fitness goals, whether you completed it each day is published to the person who created that Playbook, and to nobody else; the reading behind it is not, and this is described under Playbooks you share with another person below.

Progress photos

The app has an optional Photo Journey feature, off by default, for taking progress photos of yourself (front, side and back) over time. The photos are stored on your phone. Before a photo is saved, the app redraws it on your device, which removes the location and camera details a phone normally writes into a picture. The picture itself is never sent to us or to our data provider. What syncs to your account, in the same way as your goals, is a dated record of each photo: the date it was taken, which view it is (front, side or back), its size in pixels, and an identifier. That record lets the app rebuild your timeline on another device. It contains no image.

If you use Apple's iCloud backup for your phone, the photos are included in that device backup, like the rest of the app's data on your phone. That is Apple's feature, and it works the same way for every app.

Optional iCloud backup. Separately, the app offers its own backup for progress photos, also off by default. If you turn it on, each photo and a small file describing it (its identifier, date, view and size) are copied to your own iCloud account, under your Apple ID. They go from your phone to Apple directly. We cannot see them or reach them. Turning the backup off stops the copying and deletes nothing, on your phone or in iCloud. Removing the copies in iCloud is a separate choice you make in the app. The photos are yours, wherever they are kept.

If you delete your DailyQuad account, the dated photo records are deleted from your account. The photos on your phone are kept, unless you tick a separate box in the deletion dialog to delete them as well. The same dialog lets you remove the copies in iCloud, if you made any. Turning Photo Journey off never deletes a photo.

Summaries and other links you share

The app lets you share certain things as a link. When you create one, the content of that link is stored on our data provider's servers so the link can be opened.

A visit summary is the one to understand before you use it. If you generate a visit summary from the optional medication tracker to give to a prescriber, the summary is uploaded and hosted at a web address containing a long random code, and it is readable by anyone who has that address. There is no password, no sign in, and no check on who is opening it. Anyone you send the link to, and anyone they forward it to, can read the summary. What it contains is the information the summary itself shows, which may include your medication and dosing history, the medications and supplements you have listed, your body weight over time, protein and activity figures, blood pressure readings, and the side effects you have recorded with the dates you recorded them. The address is unguessable in practice and the page is marked so search engines do not index it, but neither of those protects a link once it has been shared or forwarded.

You choose how long a visit summary link lasts when you create it, from one hour to ninety days, and twenty four hours is the default. When that period ends the link stops working. You can also end it earlier at any time by revoking it in the app, under My shares.

Two other kinds of link behave differently and are worth telling apart. A link that shares your four goals, and a link that shares a picture of your wall, are also readable by anyone who has the address, but they do not expire on their own. A shared four is a fixed snapshot that cannot be edited or taken back once created. A shared wall picture can be deleted by you. Neither contains health or medication information: a shared four carries only the goal names, icons, colors and targets you chose, and a shared wall picture carries only the pattern of days you completed.

You do not have to use any of these features, and nothing is shared by link unless you create the link yourself.

Playbooks you share with another person

If you accept a Playbook, the Service publishes to the person who created that Playbook a summary of whether you completed each goal in that Playbook on each day, together with any day you marked as a day off and when the summary was last updated. It publishes nothing else: not your other goals, not the amounts you record, not your measurements, medications or any other information you keep in the app. You may stop sharing at any time, which removes their access and deletes the stored copy on our servers, including any link to that summary they had created, and never affects your own goals or your own history. If they saved a summary to their own device before you stopped, that file is outside our reach and we cannot delete it. The person who created the Playbook keeps access for the review period shown to you before you accept, after which their access ends and the shared copy is deleted. A summary is produced by your own device from what you record, so it will be incomplete if you do not record something, and it is not a verification that anything was done.

Internet and electronic activity

Internet Protocol (IP) address, browser type, operating system, device identifiers, app version, crash reports, performance metrics, clickstream data, and other interactions with the Service.

Geolocation data

Approximate geographic location derived from IP address. We do not collect precise GPS location.

Communications

Information you provide through inquiries, customer service interactions, email communications, web forms, or other correspondence with us.

Launch notification list

If you choose to give us your email address on our website to be notified when DailyQuad becomes available on your platform (for example, the Android launch list), we collect only that email address. Joining the list does not create an account. We use the address solely to send you availability announcements for the product, we do not sell it or share it with third parties for their own marketing, and we do not combine it with any in-app data. Every announcement we send includes a way to be removed, and you can request removal at any time by emailing [email protected]; we delete the address from the list when you do.

Anonymous and pre-account use

The app works without registering. When you first open DailyQuad it creates an anonymous account so your goals, completions, metrics, and other in-app data can be saved and synced through our data provider even before you sign up with an email address or Apple ID. This anonymous data is handled the same way, and under the same protections in this policy, as data tied to a registered account. If you later create or sign in to an account, your existing data is associated with it. You can delete your data at any time, and anonymous accounts that remain inactive are removed automatically over time.

Not all categories of information are collected from every individual. The categories collected depend on the nature of your interaction with the Service.

2. Sources of information

We collect information from a variety of sources, including:

• Information provided directly by you through account registration, in the app activity, and communications.
• Information automatically collected through cookies, similar technologies, mobile SDKs, and analytics tools.
• Information obtained from service providers (such as Google Firebase) acting on our behalf to authenticate users, store data, and provide analytics.

Not all categories of information may be collected from every individual, and the sources from which information is collected may vary depending on the nature of the interaction.

3. Use of personal information

Kaskamko may use personal information for lawful business and operational purposes, including to:

• Provide, operate, and maintain the Service, including storing your goals and completions and syncing them across your devices.
• Authenticate users and protect accounts from unauthorized access.
• Communicate with you about your account, transactions, service updates, security alerts, and administrative matters.
• Send product availability announcements to addresses on our launch notification list, as described above, until you unsubscribe.
• Diagnose problems, fix bugs, measure performance, and improve the Service.
• Maintain security, prevent fraud, and protect the rights, property, and safety of Kaskamko, our users, and others.
• Conduct analytics, audits, internal reporting, and other internal business operations.
• Comply with legal, regulatory, contractual, accounting, and reporting obligations.
• Establish, exercise, and defend legal claims.

Kaskamko may also use personal information for additional business or operational purposes reasonably related to the purposes described herein and as otherwise permitted by applicable law.

4. Cookies and tracking technologies

Kaskamko and its service providers may use cookies, web beacons, pixels, tags, scripts, mobile SDK identifiers, and similar technologies to collect, store, or process information relating to use of the Service. These technologies support business, operational, security, analytics, and functionality purposes.

Such technologies may be used to maintain authentication state, improve performance, personalize user experience, measure effectiveness of content, detect security incidents, and analyze traffic and usage trends.

Users may adjust browser or device settings to manage cookies or similar technologies; however, disabling certain technologies may impact the availability or functionality of portions of the Service. Kaskamko does not guarantee that all Service features will operate properly if cookies or related technologies are disabled, restricted, or blocked.

The Service does not currently respond to "Do Not Track" browser signals because no industry standard for honoring such signals has been finalized.

Analytics and third-party service providers

We use third party service providers to operate, measure, secure, and improve the Service. This includes, without limitation, providers of analytics, hosting, content delivery, DNS, security, authentication, storage, communications, and similar infrastructure. Each provider processes information on our behalf only as needed for its function and under its own privacy policy. We may add, replace, or remove providers from time to time, and may engage other or additional providers of similar types, without separately updating this Privacy Policy. The providers named below are current, illustrative examples and are not an exhaustive list.

Current examples include:

• Google Analytics (Google LLC), on our website: measures site traffic using cookies and similar identifiers. Processes, in aggregate, the pages you view, the referring site or link, visit time and duration, interactions, device, browser, operating system, language, and an approximate location (city or region) derived from your IP address. We do not use it to identify you personally and run no advertising. See Google's Privacy Policy and how Google uses this data.
• Cloudflare (Cloudflare, Inc.), delivering our website: provides content delivery, DNS, and security, processing technical request data such as IP address, headers, and device information to route and protect traffic. We also use Cloudflare Web Analytics, which is privacy focused and cookieless: it stores nothing on your device, does not fingerprint or track individuals, and reports only aggregated page views, referrers, device and browser type, country (from IP, not stored for tracking), and performance. See Cloudflare's Privacy Policy.
• Google Firebase (Google LLC), powering the DailyQuad mobile app: provides authentication, database and sync, and app analytics for the data you enter in the app. See the Firebase privacy information.

You can limit analytics collection by declining cookies in the site's cookie banner or through your browser settings, and you can opt out of Google Analytics specifically with the Google Analytics Opt-out Browser Add-on. Website analytics such as Google Analytics and Cloudflare Web Analytics run on our website only; the mobile app relies on backend providers such as Google Firebase.

5. Disclosure of personal information

Kaskamko does not sell your personal information for monetary consideration. We do not run third party advertising in the Service. We may disclose personal information as reasonably necessary for business purposes to:

Service providers

Third parties that provide hosting, authentication, storage, analytics, customer support, and other operational services on our behalf, including Google LLC (Firebase Authentication, Firestore, and Analytics).

Professional advisors

Attorneys, accountants, auditors, insurers, and similar professional advisors when reasonably necessary to obtain advice or services.

Government and legal authorities

Law enforcement agencies, courts, regulators, governmental authorities, or other third parties when required by law, subpoena, legal process, regulatory obligation, or where Kaskamko determines disclosure is reasonably necessary to establish, exercise, or defend legal claims, or to protect the rights, property, safety, or security of Kaskamko, its users, or others.

Business transactions

Parties involved in mergers, acquisitions, reorganizations, financing transactions, bankruptcy proceedings, or sale of company assets.

Aggregated or anonymized data

Aggregated statistics and anonymized information that cannot reasonably be used to identify you may be shared at Kaskamko's discretion.

6. California privacy rights

California residents may have certain privacy rights under applicable California law, subject to eligibility requirements, verification standards, statutory limitations, and applicable exceptions.

Such rights may include, where applicable, the right to request access to certain personal information collected by Kaskamko, request deletion or correction of certain personal information, request information regarding categories of personal information collected or disclosed, request to limit certain uses of sensitive personal information, and request to opt out of certain disclosures, sales, or sharing of personal information where such rights are provided by law.

Kaskamko does not sell personal information for monetary consideration. However, certain data collection and disclosure practices relating to analytics, cookies, pixels, or similar tools may constitute "sharing" of personal information under applicable California law.

Where applicable, California residents may have the right to opt out of such sharing of personal information for behavioral advertising across third party websites and apps or related purposes.

Kaskamko will not unlawfully discriminate against any individual for exercising any rights afforded under applicable privacy law.

Requests relating to privacy rights and applicable opt out requests may be submitted to [email protected]. Kaskamko reserves the right to verify the identity of any individual submitting a privacy related request prior to processing such request and may require additional information sufficient to confirm the requestor's identity or authority to act on behalf of another individual.

Kaskamko reserves the right to deny any request to the extent permitted by applicable law, including where an exception, exemption, or legal basis for denial applies. Kaskamko intends to respond to verified privacy requests within the timeframes required by applicable law.

7. European Economic Area, United Kingdom, and Switzerland

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, this section applies to our processing of your personal information, and Kaskamko, LLC is the controller of that information. We process your information on the following legal bases: to perform our contract with you and provide the Service you request (for example, to store and sync your goals, completions, and metrics to your account); with your consent, which you may withdraw at any time (for example, for the optional health and fitness features and the Apple Health connection, and for non-essential analytics and cookies); to comply with our legal obligations; and for our legitimate interests in operating, securing, and improving the Service, where those interests are not overridden by your rights. Where we process special category data such as health information, we rely on your explicit consent, which you can withdraw at any time by turning the relevant features off or deleting your data.

Subject to applicable law, you have the right to request access to your personal information; to correct or update it; to erase it; to restrict or object to our processing; to data portability; and to withdraw consent at any time without affecting processing already carried out before withdrawal. You also have the right to lodge a complaint with your local supervisory authority, such as the data protection authority in your country or the UK Information Commissioner's Office. You will not receive discriminatory treatment for exercising these rights. To make a request, contact us at [email protected]; we may need to verify your identity before responding, and we will respond within the time required by applicable law.

International data transfers. Kaskamko is based in the United States, and our service providers, including Google (Firebase Authentication, Firestore, and Analytics), process and store information on servers in the United States and potentially other countries. When we transfer personal information out of the EEA, the United Kingdom, or Switzerland, we rely on appropriate safeguards recognized under applicable law, such as the European Commission's Standard Contractual Clauses together with the UK International Data Transfer Addendum and the Swiss equivalent, or another lawful transfer mechanism. By using the Service you understand that your information will be transferred to and processed in the United States, where data protection laws may differ from those in your country. You may contact us for more information about the safeguards we use.

8. Retention of personal information

Kaskamko retains personal information for no longer than is reasonably necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Retention periods may vary depending on the nature of the information, the purpose for which it was collected, the relationship involved, applicable legal requirements, operational needs, dispute resolution considerations, enforcement obligations, and other legitimate business purposes.

Expiry and deletion are not the same thing, and we would rather say so plainly than let the word "expires" do work it does not do. When a shared visit summary link expires, or when you revoke it, the link stops working immediately and nobody can open it any more. The stored copy of that summary may remain in our data provider's database after that point, and it is not guaranteed to be erased at the moment the link dies. If you want a summary gone rather than merely closed, revoke it and then delete your account data, or contact us at [email protected] and we will remove it.

Kaskamko may retain personal information as reasonably necessary to:

• Provide the Service and the features you have requested.
• Maintain business, financial, tax, and operational records.
• Comply with legal, regulatory, contractual, accounting, or reporting obligations.
• Resolve disputes, investigate complaints, and enforce agreements.
• Detect, prevent, and protect against fraud, abuse, unlawful conduct, and security incidents.
• Establish, exercise, or defend legal claims.

You may request deletion of your account and associated data by emailing [email protected]. Some information may be retained after deletion to the extent required or permitted by law.

9. Data security

Kaskamko implements and maintains commercially reasonable administrative, technical, physical, and organizational safeguards, which may include access controls, system monitoring, encryption in transit, and other security measures designed to protect personal information against unauthorized access, disclosure, alteration, destruction, loss, misuse, or other unauthorized processing.

Notwithstanding the foregoing, no method of transmission over the Internet, method of electronic storage, or security protocol can be guaranteed to be completely secure, uninterrupted, or error free.

Accordingly, Kaskamko does not represent, warrant, or guarantee that personal information will be protected against all security threats, breaches, loss, misuse, interception, or unauthorized access, and all transmission of information to or through the Service is at the user's own risk to the fullest extent permitted by applicable law.

10. Third party websites and services

The Service may contain links to, integrations with, or access to websites, applications, platforms, products, or services operated by third parties that are not owned, operated, or controlled by Kaskamko, including but not limited to Google Firebase services that the Service relies upon.

Kaskamko does not control and is not responsible for the privacy practices, accessibility, availability, content, policies, security, functionality, legality, or operation of any third party websites, applications, platforms, products, or services.

The inclusion of any third party link, integration, or reference on the Service does not imply endorsement, sponsorship, affiliation, approval, verification, or representation by Kaskamko unless expressly stated otherwise.

Any access to or use of third party websites or services is at the user's own risk, and users are encouraged to review the applicable terms, policies, and privacy practices of such third parties before interacting with them.

11. Children's privacy

The Service is not directed to, intended for, or designed to attract individuals under thirteen (13) years of age.

Kaskamko does not knowingly collect, solicit, use, or disclose personal information from individuals under thirteen (13) years of age without appropriate authorization as required by applicable law.

If Kaskamko becomes aware that personal information has been collected from an individual under thirteen (13) years of age in a manner inconsistent with applicable law, Kaskamko reserves the right to take appropriate steps to investigate the matter and delete such information as reasonably practicable.

Kaskamko does not make any representation or warranty regarding the ability of any individual to prevent unauthorized minors from accessing the Service and encourages parents and guardians to supervise minors' online activities. Parents or guardians who believe a child under thirteen (13) has provided personal information may contact [email protected].

12. Changes to this policy

Kaskamko reserves the right to amend, revise, supplement, modify, or update this Privacy Policy at any time and in its sole discretion, without prior notice except as otherwise required by applicable law.

Any changes to this Privacy Policy shall become effective immediately upon posting to the Service unless otherwise expressly stated.

Your continued access to or use of the Service following the posting of any revised Privacy Policy constitutes your acknowledgment and acceptance of such changes to the fullest extent permitted by applicable law.

Kaskamko encourages users to review this Privacy Policy periodically to remain informed regarding our privacy practices.

13. Accessibility

Kaskamko strives to make this Privacy Policy and the Service reasonably accessible to individuals with disabilities and to support accessibility in a manner consistent with applicable law.

Individuals experiencing difficulty accessing this Privacy Policy or the Service may contact Kaskamko using the contact information provided below. Kaskamko may make reasonable efforts to address accessibility concerns and provide alternative means of access where commercially practicable and required by applicable law.

Kaskamko does not warrant or represent that all portions of the Service will be accessible, operable, or usable at all times or by all persons.

14. Policy interpretation and severability

If any provision of this Privacy Policy or the accompanying terms is determined to be unlawful, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

The failure of Kaskamko to enforce any right or provision shall not constitute a waiver of such right or provision.

Terms of use

The following sections, numbered 14 through 24, are the Terms of Use for DailyQuad. They form a binding legal agreement between you and Kaskamko, LLC that governs your access to and use of the Service. The Privacy Policy above and these Terms of Use together make up our agreement with you.

15. Agreement to these terms

By downloading, installing, accessing, or using DailyQuad or the Service, and, where the app presents these terms for acceptance, by tapping or clicking to accept them, you agree to be bound by these Terms of Use and by the Privacy Policy above. If you do not agree, do not use the Service.

You agree that acceptance by electronic means, including tapping an "I agree" control in the app or continuing to use the Service, has the same effect as a handwritten signature. If you use the Service on behalf of another person or an organization, you represent that you are authorized to accept these terms on their behalf.

We may update these Terms of Use from time to time. If we make a material change, we will make reasonable efforts to notify you, for example through the app or by email, and where appropriate we may ask you to accept the updated terms again. Your continued use of the Service after an update takes effect means you accept the updated terms.

16. Eligibility and age

You must be at least thirteen (13) years old to use the general goal and habit tracking features of the Service. The Service is not directed to children under thirteen (13), and they may not use it.

You must be at least eighteen (18) years old, or the age of legal majority in the place where you live if that is older, to use the optional medication tracker and the body weight, body-measurement, and body-composition tracking features. These features involve health and medication information intended for adults, and they are not directed to anyone under eighteen (18).

By using a feature, you represent that you meet the minimum age for that feature. If you are under the age of majority where you live, you may use the permitted features only with the involvement and consent of a parent or legal guardian who agrees to these terms on your behalf.

17. License and acceptable use

Subject to these terms, Kaskamko, LLC grants you a limited, personal, non-exclusive, non-transferable, and revocable license to download and use DailyQuad on a device you own or control, for your own personal and non-commercial use. Kaskamko, LLC and its licensors keep all right, title, and interest in and to the Service, including all software, content, and trademarks. No rights are granted to you except those expressly stated here.

You agree not to:

• Copy, modify, distribute, sell, rent, sublicense, or create derivative works from the Service, except as permitted by law.
• Reverse engineer, decompile, or disassemble the Service, or try to derive its source code, except to the extent this restriction is prohibited by applicable law.
• Access, scrape, or harvest data from the Service by automated means, or interfere with or disrupt the Service, its servers, or its security.
• Use the Service to store or transmit unlawful, infringing, or harmful content, or to violate the rights of others or any applicable law.
• Use the Service in any way not permitted by these terms or by the terms of the app store you obtained it from.

You are responsible for keeping your account credentials secure, for all activity that occurs under your account, and for the accuracy of the information you choose to record in the Service.

If you share a Playbook with another person, or accept one they share with you, any arrangement between the two of you is yours alone. Kaskamko, LLC is not a party to it, does not supervise or endorse it, and does not verify what either of you records. You decide what you record, and you may stop sharing at any time.

18. Not medical advice

DailyQuad is a general wellness and self-tracking tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment. The information you enter or view in the Service, including body measurements, body-composition metrics, and any medication or dosing information you log in the optional medication tracker, is for your own informational and record-keeping use only.

DailyQuad does not recommend, prescribe, adjust, or endorse any medication, dose, schedule, or treatment. Nothing in the Service is a substitute for the advice of a qualified healthcare professional. Always seek the guidance of your prescriber, physician, or other qualified provider with any questions about your health, your medication, or a medical condition, and follow their instructions. Never disregard professional medical advice, or delay seeking it, because of something you tracked or read in DailyQuad.

DailyQuad does not verify and does not guarantee the accuracy, completeness, or timeliness of any information in the Service. This includes values you enter, metrics the Service calculates for you such as body mass index or body composition, data imported from Apple Health, and values the optional Sheet Reader reads from a photo or screenshot of a report. Automated reading of an image can misread numbers, including the position of a decimal point. Always confirm every value against your original source and, where it concerns your health, with your healthcare provider before you rely on it.

Any dosing schedule, next dose date, countdown, reminder, or notification shown by the Service is a convenience based only on information you chose to record. It may be inaccurate, delayed, or may not appear at all, and it is not a medical reminder system. Do not rely on the Service to decide whether or when to take, skip, or time any medication or dose. Confirm all medication and timing with your prescriber and with the instructions that came with your medication.

DailyQuad does not inspect, verify, or assess any medication, container, or supply. If you use the optional supply counter in the medication tracker, it counts only what you tell it you have, subtracts the amount you tell it a dose uses, and does so from the doses you choose to record. Every figure it shows, including how much of something is left, how many doses that covers, when you may run out, and any notification about it, is arithmetic on your own entries, and it will be wrong if an entry is wrong, missing, or out of date. DailyQuad does not determine whether a medication is safe, effective, potent, or usable, it does not track expiration dates or how long a container has been open, and it has no knowledge of how any product was manufactured, stored, transported, or handled. Follow the storage, handling, and disposal instructions that came with your medication, and the instructions of your pharmacy and your prescriber.

Do not start, stop, or change any medication or dose based on the Service. Any reminders, logs, or charts are only a reflection of information you chose to record. If you think you may have a medical emergency, contact your doctor or emergency services immediately.

DailyQuad is not a healthcare provider, and it is not a HIPAA covered entity or a business associate. The protections of the Health Insurance Portability and Accountability Act (HIPAA) do not apply to information you record in the Service.

You are solely responsible for how you use the information in the Service, and you use it at your own risk. To the fullest extent permitted by law, you agree to release and hold harmless Kaskamko, LLC from any claim, loss, or injury arising out of your use of the Service or your reliance on any health, fitness, or medication information in it.

19. Warranty disclaimer and limitation of liability

The Service is provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, Kaskamko, LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non infringement.

You understand and agree that you use the Service at your own risk. Kaskamko, LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, business, profits, use, or other economic advantage, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

Our total liability for any claims arising out of or related to the Service shall not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or ten U.S. dollars ($10).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or, where applicable, death or personal injury caused by our negligence.

By using DailyQuad you agree to the above terms and understand we do not guarantee data retention, availability, or any specific feature.

20. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kaskamko, LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, the information you record or share through it, your reliance on any health, fitness, or medication information in it, your violation of these terms, or your violation of any law or the rights of any third party.

21. Suspension and termination

You may stop using the Service at any time. You may delete your data, or request deletion of your account and associated data, as described in this document.

Kaskamko, LLC may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and without liability, if you violate these terms, if we reasonably believe your use creates risk or legal exposure for us or others, or if we choose to discontinue the Service. Where practicable and not prohibited, we will make reasonable efforts to provide notice.

Provisions that by their nature should survive termination, including the disclaimers, the limitation of liability, indemnification, dispute resolution, and governing law sections, will survive.

22. Dispute resolution: binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes decided by a jury, and it requires most disputes to be resolved by individual arbitration.

Except for the matters described below, you and Kaskamko, LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these terms will be resolved by binding individual arbitration, rather than in court. The arbitration will be administered by a recognized arbitration provider under its consumer arbitration rules, will take place in the State of California or, at your election, in your home county, and may allow participation by telephone or video. Judgment on the arbitrator's award may be entered in any court with jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.

You and Kaskamko, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

This section does not require arbitration of: (a) an individual claim that qualifies for small claims court; or (b) a request for injunctive or equitable relief to stop actual or threatened infringement or misuse of intellectual property.

Your right to opt out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these terms by emailing [email protected] with your name and a statement that you opt out of arbitration. Opting out will not affect any other part of these terms. If you opt out, or if this arbitration agreement is found not to apply to a dispute, that dispute will be resolved in court as described in the governing law and venue section.

23. Governing law and venue

These terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration section above. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not subject to arbitration, you and Kaskamko, LLC agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of California, and you consent to personal jurisdiction there. Nothing in this section limits any non-waivable rights or protections you may have under the mandatory laws of the place where you live.

24. Apple and Google app stores

If you obtained DailyQuad from the Apple App Store or the Google Play Store, you also agree to that app store's applicable terms, and the following apply to the extent required by that store.

These terms are between you and Kaskamko, LLC only, and not with Apple Inc. or Google LLC. The app store provider is not responsible for the Service or its content. Kaskamko, LLC, not the app store provider, is solely responsible for the Service and for addressing any claims relating to it, including product liability claims, claims that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar law. The app store provider has no obligation to provide any maintenance or support for the Service.

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 listed on any U.S. Government list of prohibited or restricted parties. Apple Inc. and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you as a user, and Google LLC is likewise a third-party beneficiary to the extent you obtained the Service through Google Play.

25. Changes to these terms; entire agreement

These Terms of Use, together with the Privacy Policy above, are the entire agreement between you and Kaskamko, LLC regarding the Service, and they supersede any prior agreements on that subject. If any provision is found unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be limited or removed to the minimum extent necessary. Our failure to enforce any provision is not a waiver of it.

You may not assign or transfer these terms without our prior written consent. Kaskamko, LLC may assign these terms, for example in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only and do not affect interpretation.

26. Contact

DailyQuad is a product of Kaskamko, LLC. For questions about this policy, data deletion requests, accessibility concerns, California privacy rights requests, or other legal matters, email [email protected].