Terms of Service

1. Agreement

1.1 These Terms of Service (“Terms”) form an agreement between you and DayRecall (“DayRecall”, “we”, “us” or “our”) and govern your use of the DayRecall app for iPhone and Apple Watch (the “App”) and the website at dayrecall.com (the “Website”; together with the App, the “Services”).

1.2 By downloading, installing, accessing or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

1.3 If you obtain the App from Apple’s App Store, Apple’s Licensed Application End User License Agreement (the “Standard EULA”) also applies. These Terms supplement it. If they conflict regarding your licence to use the App, the Standard EULA prevails. Section 18 contains further terms required by Apple.

2. Eligibility

2.1 You must be at least 13 years old to use the Services.

2.2 If you are under the age of majority where you live, or under the age at which you can consent to the processing of your personal information there (for example, under 14 in mainland China), you may use the Services only with the consent and under the supervision of your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use.

2.3 You may not use the Services where the law prohibits you from doing so.

3. The Services

3.1 DayRecall listens during the listening hours you choose, turns speech into text on your devices, and helps you find what was said, identify to-dos and get answers about your day.

3.2 The App requires an iPhone with iOS 26 or later. An Apple Watch with watchOS 26 or later is optional. Some features require Apple Intelligence and are available only on supported devices, in supported languages and regions, and once iOS has downloaded the resources they need.

3.3 The Services include no user accounts or cloud storage. Your content is stored on your devices and in any backups you make. You are responsible for keeping backups. We cannot recover content that is lost or deleted.

3.4 The App is under active development. Beta versions, including those distributed through TestFlight, are pre-release software and may contain errors, lose data or not work as expected. We may change, suspend or discontinue any feature or the Services, in whole or in part.

4. Licence

4.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple devices that you own or control, for your personal use or your internal business purposes, as permitted by the Usage Rules in the App Store Terms of Service.

4.2 You must not, and must not allow anyone else to:

1. copy, modify, translate or create derivative works of the App;
2. decompile, reverse engineer or disassemble the App, or attempt to derive its source code or models, except to the extent the law expressly permits this despite this restriction;
3. extract, reuse or redistribute any machine-learning model or other component of the App separately from the App;
4. rent, lease, sell, sublicense or otherwise make the App available to anyone else;
5. remove or alter any proprietary notices; or
6. circumvent or interfere with any security or technical limitation of the Services.

4.3 Open-source components included in the App are licensed under their own licences, which are listed in the App. For those components, their licences prevail over these Terms.

4.4 We reserve all rights not expressly granted in these Terms.

5. Your content

5.1 “Your Content” means the audio, transcripts, voiceprint, places, questions, to-dos and other information created, stored or processed through your use of the App. As between you and us, you retain all rights in Your Content. Because Your Content stays on your devices, we do not access it, and these Terms give us no licence to it.

5.2 If you choose to send us information, such as a log, screenshots or a support message, you grant us a non-exclusive, royalty-free licence to use it to respond to you and to diagnose, fix and improve the Services, in accordance with our Privacy Policy.

5.3 You are responsible for Your Content and for how you use, keep and share it, including transcripts of other people’s words.

6. Recording and consent

6.1 The App captures the speech of the people around you. Laws on recording conversations, eavesdropping, privacy, data protection and workplace monitoring differ between countries and regions, and some require the consent of everyone taking part in a conversation, even when only text is kept.

6.2 You are solely responsible for: (a) telling the people you talk with that DayRecall is listening, and obtaining any consent the law requires; (b) complying with all laws and rules that apply to your use, including at work, in schools, in medical and legal settings, in courts and anywhere else recording is restricted; and (c) how you use, keep and share transcripts and other content that contains other people’s words or personal information.

6.3 Reminders in the App about telling people are provided for convenience and are not legal advice. If you are unsure whether you may record in a particular situation, do not use the App there.

7. Acceptable use

You must not use the Services:

1. to record anyone secretly or unlawfully, or to stalk, harass, threaten, intimidate or conduct surveillance of anyone;
2. where recording is prohibited, or to capture privileged or confidential communications that you are not authorised to record;
3. to monitor employees, students or other people without the notice and consent the law requires;
4. in breach of any law or of anyone’s rights, including rights of privacy, publicity and intellectual property;
5. to interfere with or disrupt the Services or anyone else’s use of them; or
6. to help anyone else do any of these things.

8. AI features and their output

8.1 Transcripts, translations, speaker labels, answers, to-dos and other output are produced automatically by machine-learning models, including Apple’s models, our own models and any third-party service you connect. Output may be inaccurate or incomplete, or attributed to the wrong person, and speech may be missed or misheard.

8.2 Check important information against its source before you rely on it. Output is not a substitute for professional advice, such as medical, legal or financial advice, and is not an official or verified record of any conversation.

8.3 DayRecall is not a medical device. It is not intended to diagnose, treat, mitigate or prevent any disease or condition, including conditions that affect memory, and it is not intended for emergency or safety-critical use.

8.4 Figures we publish about the Services, such as battery use, speech detection and processing time, come from testing under the conditions we describe where we publish them. Your results will vary with your device, settings, environment and use.

9. Third-party services

9.1 The Services rely on and work with services provided by others, including Apple’s operating systems and services (such as Apple Intelligence, speech recognition, translation, Maps, iCloud, Calendar, Reminders and Shortcuts), any cloud service you connect, and apps you share content with. Your use of them is governed by their own terms and privacy policies.

9.2 If you connect your own cloud API, you are responsible for your agreement with that provider, for any fees it charges, for keeping your key secure, and for the content you send to it.

9.3 We do not control third-party services and are not responsible for their content, availability, security or practices.

10. Fees and purchases

10.1 If we offer paid features or subscriptions, they will be sold through the App Store. The price, and for subscriptions the renewal terms, will be shown before you buy.

10.2 Payment, billing, renewal, cancellation and refunds are handled by Apple under its terms. This does not affect any mandatory rights you have as a consumer, including any right to withdraw from a purchase.

11. Intellectual property and feedback

11.1 The Services, including the App’s software, machine-learning models, designs, text and graphics and the DayRecall name and logo, are owned by us or our licensors and are protected by intellectual property laws. These Terms give you no right to use our names, logos or trademarks.

11.2 If you send us ideas, suggestions or other feedback, we may use them without restriction and without any obligation to you.

11.3 Apple, Apple Watch, iPhone and App Store are trademarks of Apple Inc., registered in the U.S. and other countries and regions. Other names may be trademarks of their respective owners.

12. Privacy

Our Privacy Policy describes how personal information is handled in connection with the Services.

13. Disclaimers

13.1 To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy.

13.2 In particular, we do not warrant that the Services will be uninterrupted, error-free or secure; that the App will capture or transcribe every conversation, or do so accurately; that any output will be correct; that the App will achieve any particular battery life; or that Your Content will not be lost.

13.3 Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot be excluded or limited under the law that applies to you, including your statutory rights as a consumer.

14. Limitation of liability

14.1 To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, content, profits, revenue, business or goodwill, arising out of or relating to the Services or these Terms, however caused, even if we have been advised of the possibility of such damages.

14.2 To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of the amount you paid for the App in the twelve months before the event giving rise to the claim and fifty US dollars (US$50).

14.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for damage caused intentionally or through gross negligence, or any other liability that cannot be limited or excluded by law. If you are a consumer in the European Economic Area or the United Kingdom, we are responsible for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care and skill, and Sections 14.1 and 14.2 apply only to the extent permitted by the law of your country.

15. Indemnity

To the extent permitted by law, you will indemnify DayRecall against any claims, losses, liabilities and expenses, including reasonable legal fees, arising out of your breach of these Terms or of any law, including laws on recording and privacy, or out of Your Content. This section does not apply to you as a consumer where the law does not allow it.

16. Termination

16.1 You may stop using the Services at any time by deleting the App.

16.2 If you materially breach these Terms, your licence to use the App ends automatically, and you must stop using the App and delete it.

16.3 Sections 5, 6, 8 and 11 to 21 survive the end of these Terms.

17. Governing law and disputes

17.1 These Terms are governed by the laws of the country or region where you habitually reside, without regard to its conflict-of-laws rules, and disputes arising from them may be brought before the competent courts there.

17.2 Before starting formal proceedings, please contact us at support@dayrecall.com so that we can try to resolve the dispute informally.

17.3 Nothing in these Terms deprives you of the protection of the mandatory provisions of the law of the country where you live, or of your right to bring proceedings in the courts there.

18. Apple App Store terms

If you obtained the App from the App Store, you and we acknowledge and agree that:

1. these Terms are concluded between you and DayRecall only, and not with Apple Inc. (“Apple”), and DayRecall, not Apple, is solely responsible for the App and its content;
2. your licence to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing;
3. DayRecall is solely responsible for providing maintenance and support for the App, and Apple has no obligation whatsoever to furnish any maintenance or support services for the App;
4. DayRecall is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed; if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are DayRecall’s responsibility;
5. DayRecall, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
6. in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, DayRecall, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim;
7. you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
8. you must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement;
9. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and
10. questions, complaints or claims about the App should be directed to DayRecall at support@dayrecall.com.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Services or to the law. We will publish the updated Terms on this page with a new effective date and, if a change is material, give reasonable notice in the App or on the Website before it takes effect. If you continue to use the Services after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Services and delete the App.

20. General

20.1 These Terms, together with the Privacy Policy and, where applicable, the Standard EULA, are the entire agreement between you and us about the Services.

20.2 If any provision of these Terms is found to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full effect.

20.3 If we do not enforce a provision, that is not a waiver of our right to do so later.

20.4 You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganisation or sale of assets, or by operation of law, provided that your rights under these Terms are not reduced.

20.5 We are not liable for any failure or delay caused by events beyond our reasonable control.

20.6 These Terms are available in English and Chinese. If the versions differ, the English version prevails, except where the law that applies to you requires otherwise.

21. Contact

Questions about these Terms can be sent to DayRecall at support@dayrecall.com.