Terms of Use
Last updated: September 20, 2026
Summary
These Terms are drafted in English. A French version of these Terms is available as set out in Section 26. These Terms are to be read together with the Privacy Policy and with any notice incorporated into them by reference, including the Character Discovery and Third-Party Data Notice. In the event of a conflict, these Terms prevail over any such notice, and these Terms and the Privacy Policy prevail over any summary, help article, or interface text describing the same subject matter. In the event of a conflict concerning the processing of personal information, the Privacy Policy prevails as to the description of that processing; it does not displace Sections 11 to 13 of these Terms.
Section 1 — Acceptance; relationship to other documents
1.1 These Terms of Use (the "Terms") constitute a binding agreement between the User and the publisher of Day0 ("we", "us", "our") governing access to and use of the Day0 application for iOS, Android, and the web and the optional account, cloud synchronisation, and email facilities offered with it.
1.2 By downloading, installing, accessing, or using the Application, or by signing in, the User accepts these Terms and the Privacy Policy, which is incorporated into these Terms by reference. If the User does not accept them, the User must not use the Application.
1.3 Where the Application presents a further notice governing a particular feature, including the Character Discovery and Third-Party Data Notice, acceptance of that notice is additional to, and does not replace, acceptance of these Terms.
Section 2 — Definitions
2.1 "Application" means the Day0 application in all its distributions, including its mobile and web clients.
2.2 "Operator" means the publisher of Day0 ("we", "us", "our"), being the person that makes the Application available. "User" means the natural person using the Application.
2.3 "Services" means the Application together with the optional account, cloud synchronisation, and email facilities offered with it.
2.4 "Account" means the optional user account described in Section 4. "Records" means the entries created and retained by the User within the Application.
2.5 "Your Content" means the content the User creates in the Application, including Records, notes, photographs, and settings.
2.6 "Third-Party Source" means any database, image server, or other service operated by a person other than the Operator from which material is obtained or by which it is hosted, including the Bangumi community database (bgm.tv).
2.7 "Discovery Features" has the meaning given in the Character Discovery and Third-Party Data Notice. "Material" has the meaning given in that Notice.
Section 3 — Nature and limits of the Service
3.1 The Application is a personal record-keeping and self-tracking tool for entertainment and personal-organisation purposes. Entries are created by the User and stored on the User's device. If the User signs in and enables cloud synchronisation, encrypted copies of certain entries are stored on the Operator's service so that the User's devices can be kept consistent, as described in the Privacy Policy.
3.2 The Application does not provide medical, psychological, health, financial, or other professional advice, and nothing in it shall be relied upon as such. The Application does not distribute, sell, resell, license, or sublicense any work, does not host the works to which character material refers, and does not process payment for any work.
3.3 This version of the Application has no in-app purchases, subscriptions, or paid tiers, and nothing in the Application is offered for sale. Promotion placements are first-party and fixed; they cannot be removed by payment. The Operator therefore receives no purchase records and no payment information from any app store. If a paid option is introduced in a future version, these Terms will be updated before it ships and the app store handling that purchase will apply its own terms to the transaction.
3.4 The User is responsible for ensuring that use of the Application is lawful where the User is located.
Section 4 — Accounts, eligibility, and optional facilities
4.1 The User may use the Application only if the User is at least 13 years of age and, if the law of the User's place of residence requires a higher age to enter into this agreement or to use online services without parental consent, the User meets that requirement. By using the Application the User represents that this is the case.
4.2 An Account is optional. The Application may be used without one. If the User signs in, Sections 4.3 to 4.7 apply.
4.3 The Account is provided through a third-party identity service and may be used with other applications the Operator publishes. The User may hold only one Account. The User must provide an email address that the User controls and keep it current. The User is responsible for all activity under the Account and for keeping the sign-in email address, devices, and recovery code secure. The User must notify the Operator at the address in Section 27 promptly upon becoming aware of any unauthorised use of the Account.
4.4 The Operator may suspend or close an Account, or decline to create one, if the Operator reasonably believes that it is being used in breach of these Terms, to abuse the Services, or in a manner that could harm the Operator or other users. The Operator may refuse, limit, or withdraw access to the Services or any part of them in order to protect the integrity of the Services, other users, or rights holders, or to comply with law. The Operator will use reasonable efforts to inform the User of the reason.
4.5 Cloud synchronisation. If the User enables cloud synchronisation, synchronised entries are encrypted on the device with a key that the Operator does not receive in readable form. The Operator cannot access the contents of synchronised entries. Access to cloud data on a new device requires a device that is already signed in or the recovery code provided by the Application. The Operator does not hold the recovery code. If it is lost and no signed-in device remains, the entries stored in the cloud cannot be recovered by the Operator or by anyone else. Certain types of content, such as attached images, may be stored only on the device where they were added; the Application indicates where this is the case. Synchronisation depends on the availability of the User's devices, the User's network, and the Operator's service. The Operator does not warrant that a change made on one device will appear on another within any particular time.
4.6 Email. If the User enables email in the Application, the Operator will send the categories of email that the User has enabled, as described in the Privacy Policy. The User may withdraw consent to the monthly letter at any time by unsubscribing in the Application or through the link in any letter, and the Operator will cease sending it after the User unsubscribes.
4.7 The User may sign out at any time, and may delete Day0 cloud data in the Application at any time (Section 10).
Section 5 — Representations and undertakings of the User
By using the Application, the User represents, warrants, and undertakes that:
(a) the User has attained the age described in Section 4.1;
(b) the User's use of the Application is lawful in the place where the User is located, and the User has satisfied itself of that fact;
(c) information provided in connection with an Account is accurate and complete;
(d) the User uses the Application on the User's own behalf and for personal, non-commercial purposes;
(e) the User will comply with these Terms, with the Character Discovery and Third-Party Data Notice where it applies, and with all law applicable to the User's use of the Application;
(f) the User will not use or export the Application in violation of applicable export-control or sanctions laws; and
(g) the User is not located in a country subject to a comprehensive embargo by Canada or the United States and is not on any list of restricted or sanctioned parties maintained by either.
A representation found to be untrue entitles the Operator to suspend or terminate access under Section 10, and does not relieve the User of any obligation already accrued.
Section 6 — Acceptable use
6.1 The User shall not: (a) copy, modify, distribute, sell, sublicense, or create derivative works of the Application or the Services except as permitted by law; (b) reverse engineer, decompile, or disassemble them beyond what applicable law expressly permits; (c) use them for any unlawful purpose; (d) interfere with them, probe or circumvent their security or access controls, or place unreasonable load on them; (e) use them to infringe the rights of others; (f) attempt to access another person's Account or cloud data; (g) impersonate any person or misrepresent the User's affiliation; (h) use the Discovery Features to collect material in bulk, to automate requests, or to circumvent any rate limit; or (i) otherwise use the Application in any manner that contravenes these Terms, the terms of any Third-Party Source, or applicable law.
6.2 The Operator may suspend or restrict access where it reasonably believes this Section has been breached or the integrity of the Services is threatened.
Section 7 — Your Content and intellectual property
7.1 The User retains all rights to Your Content. To the extent necessary to operate cloud synchronisation, the User grants the Operator a limited licence to store and transmit encrypted copies of Your Content between the User's devices; the Operator cannot access their contents, and this licence ends when the encrypted copies are deleted. The Operator claims no other right to Your Content and does not moderate it.
7.2 The User is solely responsible for Your Content and for maintaining backups of it. Deleting Your Content, clearing data, losing or resetting a device, losing a backup password, or losing a recovery code may result in permanent loss that the Operator cannot reverse. The Operator is not liable for loss of data that a backup the User could reasonably have made would have prevented.
7.3 The Application and the Services, including their software, design, text, graphics, name, branding, and other materials (excluding Your Content and third-party content), are owned by the Operator or its licensors and are protected by intellectual-property laws.
7.4 Subject to these Terms, the Operator grants the User a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Application on devices that the User owns or controls, for the User's own personal, non-commercial use. Save as expressly set out in these Terms or as permitted by law, no other rights are granted, and the User shall not reproduce, distribute, modify, or create derivative works from the Application or the Services.
7.5 All rights in names, titles, images, and associated indicia obtained through the Discovery Features vest in their respective authors and rights holders. Copying an entry into Records does not transfer any such right. The User may retain such material within the User's private Records only. The User shall not extract, reproduce, publish, distribute, transmit, sell, license, or otherwise make available any such material obtained through the Application, nor use it to train any model, nor compile it into any dataset, corpus, or derivative database.
Section 8 — Third-party sources and links
8.1 The Character Discovery and Third-Party Data Notice forms part of these Terms and applies to every use of the Discovery Features. In the event of any inconsistency on that subject matter, these Terms prevail.
8.2 The Application's optional online character search retrieves public entries from Bangumi (bgm.tv), a third-party community database, and presents them to the User. The Operator is not affiliated with, sponsored by, or approved by Bangumi. Entries are contributed by Bangumi's users and published by Bangumi under its own licence terms; images remain the property of their rights holders. The Operator does not create, review, verify, or curate the entries. They may be inaccurate, incomplete, outdated, duplicated, offensive, or infringing, and a name searched may belong to a natural person as well as to a character.
8.3 Bangumi indexes works intended for adults alongside all others, marks some of them, and does not mark all of them. Results may therefore include characters from, and images of, such works. The Application relies upon such marking as exists and upon the scope limitations of its own queries, and is therefore unable to warrant that no adult-oriented character, title, or image will be returned in respect of any given query. The Application is not an adult product and the Operator does not add adult content. A User who has not attained the age at which the law applicable to that User permits access to such material, or for whom such material is unlawful in the place where that User is located, shall not use online search.
8.4 The Operator does not endorse any result or any third-party site, and nothing in a result is a statement by the Operator. The Operator does not verify that a character exists, that a description is accurate, or that an image is correctly attributed.
8.5 The optional relay route is a forwarding service operated by the Operator, disabled by default and enabled only by the User. It forwards requests to Bangumi and returns replies; it carries no Account or Record data, and technical logs are retained as described in the Privacy Policy. It may be unavailable, rate-limited, or unable to reach Bangumi, in which case the search fails; the Application does not silently substitute another server.
8.6 The User's use of the Discovery Features is additionally subject to the terms, copyright notices, and developer terms of each applicable Third-Party Source, which the Operator cannot vary. Where such terms are altered or terminated, the Discovery Features may be altered or terminated accordingly.
8.7 The Discovery Features depend upon the availability of Third-Party Sources and, where enabled, upon the relay. Any of them may become unavailable, slow, rate-limited, altered, or discontinued at any time without notice. The Operator may modify, suspend, limit, or discontinue any of the Discovery Features, in whole or in part, at any time.
8.8 Links in the Application and in the Operator's email, including promotions, open sites operated by third parties under their own terms and privacy practices. Sign-in, hosting, and email delivery for the optional Services are provided by service providers under contract with the Operator, as described in the Privacy Policy. The Operator does not control third-party services or content, does not endorse them, and the User's use of them is at the User's own risk. Sections 11, 12, and 14 apply to all of the foregoing; nothing in this Section limits any right the User has as a consumer and cannot waive.
8.9 Promotions displayed in the Application or the monthly letter are labelled as such. The Operator does not review, endorse, or make any representation regarding promoted products or services, and any transaction with a promoted party is solely between the User and that party.
8.10 The Application also presents a catalogue of items compiled from a snapshot distributed with the Application and from the public content file described in the Privacy Policy. Searching that catalogue is performed on the device. Images of catalogue entries may be served by a third-party content-delivery service. The Character Discovery and Third-Party Data Notice applies to that catalogue to the extent set out in that Notice.
Section 9 — Data and privacy
The User's use of the Services involves the collection, use, and disclosure of personal information as described in the Privacy Policy, which is incorporated into these Terms by reference. Nothing in these Terms limits the User's rights under the Privacy Policy or under applicable privacy law.
Section 10 — Changes, suspension, and termination
10.1 The User may end these Terms at any time by uninstalling the Application. If the User has signed in, the User may also sign out on each device and delete Day0 cloud data in the Application, which removes what the Operator holds for the Account.
10.2 The Operator may modify, suspend, limit, or discontinue the Application, the Services, or any feature at any time, with or without notice, and may suspend or terminate the User's licence or access for breach of these Terms, for operational or legal reasons, or upon discontinuation of the Services, giving notice where reasonably practicable. The Operator may refuse, limit, or withdraw any person's access to the Application or any feature of it, including to protect the integrity of the Services, other users, or rights holders, or to comply with law. The Operator will provide reasonable notice in the Application to signed-in users before discontinuing cloud synchronisation or email. The Operator will use reasonable efforts to inform the User of the reason for any suspension or termination of access.
10.3 Termination of access to the Services does not prevent the User from exporting data stored on the device. Upon termination the Operator may delete the Account in accordance with the Privacy Policy.
10.4 The provisions identified in Section 20 survive termination of these Terms or cessation of the User's use of the Application.
Section 11 — No warranty
11.1 The Application and the Services are furnished "as is" and "as available".
11.2 To the fullest extent permitted by applicable law, the Operator disclaims all warranties, conditions, representations, and terms of every kind, whether express, implied, statutory, collateral, or arising from any course of dealing or usage of trade, including without limitation any warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, quiet enjoyment, and non-infringement, and any warranty that the Application or the Services will be uninterrupted, timely, secure, or error-free; that any defect will be corrected; that any data will be preserved or synchronised; that cloud data will be recoverable; that any information presented is accurate, complete, or current; or that the Application is lawful to use in any particular place.
11.3 Section 11.2 does not exclude any warranty, condition, or legal quality that applicable consumer protection legislation declares cannot be excluded, and does not relieve the Operator of liability for its own act or omission or that of its representative where the legislation applicable to the User prohibits such relief. Where the User is a consumer in Quebec, the legal warranties conferred by the Consumer Protection Act (chapter P-40.1) apply notwithstanding Section 11.2. Where the law of the province or territory in which the User resides implies a warranty as to the quality of services that cannot be excluded by contract, that warranty applies notwithstanding Section 11.2.
Section 12 — Limitation of liability
Statement for consumers in Quebec, given immediately before the stipulations that follow: the stipulations of Sections 12.1, 12.2, 12.3, and 12.5 below, and the stipulation of Section 24 as to the law governing these Terms and as to the forum for their enforcement, are prohibited by the Consumer Protection Act (chapter P-40.1) and do not apply to a consumer in Quebec, who may bring proceedings before the courts of Quebec under the law of Quebec.
12.1 To the fullest extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages, nor for any loss of profit, revenue, goodwill, opportunity, anticipated saving, data, Records, or Your Content, howsoever arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not the Operator was advised of the possibility of such loss.
12.2 To the fullest extent permitted by applicable law, the Operator shall not be liable for any loss, claim, proceeding, or consequence arising out of or in connection with: any Material or the User's reliance upon it; any act or omission of any Third-Party Source; any content encountered upon any Third-Party Source or linked destination; any connection made by the User's device to a Third-Party Source; any alternate route configured by the User; the unavailability, failure, delay, or discontinuance of cloud synchronisation, email, or any of the Discovery Features; loss of a recovery code, backup password, or device; loss, corruption, or erasure of data stored on the device or in the browser, including erasure by the operating system or by the User; interruption of the Services or of any Third-Party Source; events beyond the Operator's reasonable control; or any breach by the User of these Terms.
12.3 To the fullest extent permitted by applicable law, the aggregate liability of the Operator in respect of all claims arising out of or in connection with the Application, the Services, or these Terms shall not exceed the greater of the amount paid by the User for the Application or the Services in the twelve months preceding the event giving rise to the claim and fifty Canadian dollars (CAD $50).
12.4 The limitations in this Section apply to the fullest extent permitted by applicable law even where a remedy is found to fail of its essential purpose, and survive termination of these Terms. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by applicable law, including liability for fraud, wilful misconduct, or gross negligence, or any right conferred upon a consumer which that consumer cannot waive.
12.5 To the fullest extent permitted by applicable law, any claim arising out of or in connection with the Application, the Services, or these Terms must be brought within the limitation period prescribed by applicable law.
Section 13 — Indemnity
To the fullest extent permitted by applicable law, the User shall indemnify and hold harmless the Operator and its directors, officers, employees, contractors, and agents from and against all claims, demands, proceedings, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising out of or in connection with any breach by the User of these Terms, any unlawful use of the Application or the Services by the User, any breach by the User of the representations in Section 5, or any use of the Discovery Features by the User in contravention of applicable law or of the terms of any Third-Party Source. The Operator reserves the exclusive right to control the defence and settlement of any matter subject to this indemnity. The User shall not settle or admit liability in respect of any such matter without the Operator's prior written consent. Where the Operator assumes that control, the User shall cooperate.
Section 14 — Non-waivable rights
14.1 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by applicable law, or affects any right conferred upon a consumer which that consumer cannot waive.
14.2 Where the law of the province or territory in which the User resides confers consumer protection rights that cannot be waived by contract, those rights apply notwithstanding anything in these Terms. Where the User is a consumer in Quebec, the Consumer Protection Act (chapter P-40.1) applies, any stipulation in these Terms that is prohibited by that Act does not apply to such User, and, in accordance with that Act, the choice of law and forum stipulated in Section 24 does not apply to consumers in Quebec. Where the law applicable to the User confers rights that cannot be waived by contract, those rights prevail over any inconsistent provision of these Terms to the extent of the inconsistency, without prejudice to any mandatory consumer-protection right the User enjoys under the law of the User's habitual residence.
Section 15 — Minors
The Application is not directed to children. The age limits of Section 4.1 apply. A parent or guardian who believes that a minor has used the Application upon a device is to employ the parental controls of the device and, where an Account exists, to contact the Operator. The Operator does not knowingly collect personal information from children; reference is made to the Privacy Policy.
Section 16 — Notices from rights holders; removal and correction
16.1 Any person who considers that material presented through the Application, including material displayed by the Discovery Features, misrepresents that person or another, infringes any right, or ought not to be displayed may give notice to the address in Section 27. The notice is to identify the material complained of, state the basis of the complaint, state the action requested, and include contact particulars sufficient for a reply.
16.2 Upon receipt of a notice the Operator will consider it in good faith and act within a reasonable time. The Operator may withhold the material complained of while the notice is under consideration. The Operator will remove any short-lived copy retained at the network edge. Alteration of an entry held by a Third-Party Source must be requested from that Third-Party Source, the Operator having no ability to effect it. The Operator will inform the complainant of what it can and cannot do.
16.3 A counter-notification procedure is not applicable. The Application is not a venue for the public posting of user content; material displayed through the Discovery Features originates from Third-Party Sources or from the User's own Records, and the Operator cannot alter a Third-Party Source's holdings.
16.4 Action taken upon a notice does not constitute an admission of any kind. The Operator may withhold, correct, or remove any material at any time, including upon notice from a rights holder or public authority or upon its own review, without prior notice to the User.
Section 17 — Amendment of these Terms
The Operator may amend these Terms. When it does, it will revise the "Last updated" date and make the current version available in the Application and on its website. If a change materially reduces the User's rights, the Operator will notify signed-in users in the Application before it takes effect. Continued use of the Application after an amendment takes effect constitutes acceptance of it.
Section 18 — Severability
Where any provision of these Terms is held invalid, unlawful, or unenforceable, that provision is to be severed to the minimum extent necessary and construed so as to give effect to the intention of the parties to the greatest extent permitted, and the remaining provisions continue in full force.
Section 19 — No waiver
No failure or delay in exercising any right constitutes a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing and only in respect of the instance for which it is given.
Section 20 — Survival
Sections 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 survive termination of these Terms or cessation of the User's use of the Application.
Section 21 — Assignment
The User may not assign or transfer any right or obligation under these Terms. The Operator may assign these Terms in whole or in part in connection with a reorganisation, merger, acquisition, or transfer of the Services or the business to which they relate.
Section 22 — Third-party beneficiaries
22.1 Save as expressly provided, these Terms confer no right upon any person who is not a party to them.
22.2 If the User obtained the Application from the Apple App Store, the following applies. These Terms are between the User and the Operator only, not with Apple Inc. ("Apple"). Apple has no obligation to provide maintenance or support for the Application. To the extent that any warranty applies and the Application fails to conform to it, the User may notify Apple, and Apple will refund any purchase price the User paid for the Application; Apple has no other warranty obligation. The Operator, not Apple, is responsible for addressing any claim relating to the Application, including product-liability claims, claims that the Application fails to conform to a legal or regulatory requirement, and claims under consumer-protection law, and for the investigation, defence, and settlement of any claim that the Application infringes a third party's intellectual-property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms in respect of the Application as obtained from the App Store and are entitled to enforce them against the User.
22.3 If the User obtained the Application from Google Play, Google's terms of service and policies apply in addition to these Terms. The platform provider is not a party to these Terms, has no obligation to provide maintenance or support for the Application, and is not responsible for addressing any claim relating to the Application, save as that platform's own terms provide.
Section 23 — Notices and service
Notices to the Operator, including complaints, requests for correction, and notices from rights holders, are to be sent to the address in Section 27 and are deemed given upon receipt. The Operator may give notice to the User within the Application, and by email where the User holds an Account, and such notice is deemed given upon dispatch.
Section 24 — Governing law and jurisdiction
Statement for consumers in Quebec, given immediately before the stipulation that follows: the stipulation of this Section is prohibited by the Consumer Protection Act (chapter P-40.1) and does not apply to a consumer in Quebec, who may bring proceedings before the courts of Quebec under the law of Quebec.
These Terms and any dispute arising out of or relating to them, to the Application, or to the Services are governed by the laws of Canada, without regard to conflict-of-law principles, and the User agrees to the exclusive jurisdiction of the competent courts of Canada, without prejudice to any mandatory consumer-protection right the User enjoys under the law of the User's habitual residence.
Section 25 — Entire agreement; headings
These Terms, together with the Privacy Policy and any notice incorporated by reference, constitute the entire agreement of the parties in respect of their subject matter and supersede any prior statement concerning it. Headings are for reference only and do not affect construction.
Section 26 — Language
A French version of these Terms is available within the Application and may be selected by the User at any time. A User in Quebec, and any other User who so requests, may obtain that French version within the Application and at the address in Section 27. Where a User, having obtained the French version, expressly elects to be bound by the English version, the parties have by that express election required that these Terms and all related documents be drawn up in English. Une version française des présentes conditions est disponible au sein de l'Application et peut y être consultée et sélectionnée en tout temps. Un utilisateur situé au Québec, et tout autre utilisateur qui en fait la demande, peut obtenir cette version française au sein de l'Application et à l'adresse indiquée à l'article 27. Lorsque l'utilisateur, après avoir obtenu la version française, choisit expressément d'être lié par la version anglaise, les parties ont par ce choix exprès exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.
Section 27 — Contact
Notices to the Operator, including complaints, removal requests, and notices from rights holders, are to be sent to support@sorrydiary.net and are deemed given upon receipt. The Operator may give notice to the User within the Application.