Terms and Conditions

Welcome to XDAYS, operated by Aximer sp. z o.o., a company registered in Poland (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the XDAYS website, mobile application, and services (collectively, the “Service”).

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You must be at least 18 years old to use our Service.

3.1 Account Creation

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the security of your account and password.
• You must immediately notify us of any unauthorized use of your account.
• You are responsible for all activities that occur under your account.
• One person or legal entity may maintain no more than one free account.

3.2 Account Responsibilities

• You may not use another user's account without permission.
• You may not share your account credentials with others.
• You are solely responsible for maintaining the confidentiality of your account information.
• XDAYS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

XDAYS is a habit tracking and productivity service that allows users to:

• Create and track daily habits
• Monitor progress over time
• Generate habit suggestions using AI technology
• Customize habit tracking with icons and descriptions
• Upload a profile image and share a public profile

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

5.1 Paid Plan

XDAYS offers a paid subscription plan.

5.2 Billing

• Paid subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan).
• You will be charged in advance for each billing period.
• All fees are in U.S. Dollars unless otherwise stated.
• Billing is handled through Stripe, a third-party payment processor.
• You authorize us to charge your payment method for all fees owed.

5.3 Automatic Renewal

• Your subscription will automatically renew at the end of each billing period unless you cancel.
• The renewal charge will be at the then-current subscription price.
• We reserve the right to change subscription prices with at least 30 days' notice to active subscribers.

5.4 Free Trials

• We don't offer free trials.

5.5 Payment Information

• You must provide current, complete, and accurate payment information.
• You must promptly update all payment information to keep it current and complete.
• If payment fails, we may suspend or terminate your access to paid features.

5.6 Service Availability and Discontinuation

• We may suspend, discontinue, or materially change the Service at any time, including shutting it down permanently.
• If the Service is reduced, suspended, or discontinued (for any reason, including business closure), fees already paid are non-refundable.
• By subscribing, you accept the risk that the Service could be discontinued and acknowledge that we will not be responsible for refunds, credits, or other compensation in that event.
• If the Service is discontinued, accounts and stored data may be deleted; you are responsible for exporting/backing up your data before shutdown.

6.1 No Refunds

• All subscription fees are non-refundable, regardless of the reason for cancellation.
• We do not provide refunds or credits for partial months or years of service.
• No refunds will be issued for unused time on a subscription.

6.2 Cancellation Policy

• You may cancel your subscription at any time through your account settings or by contacting customer support.
• When you cancel, your cancellation will take effect at the end of your current billing period.
• You will continue to have access to paid features until the end of your current billing period.
• No further charges will be made after your current billing period ends.
• After cancellation, you will automatically revert to the free plan (if available) at the end of your billing period.

6.3 Chargebacks

If you initiate a chargeback or dispute a charge with your payment provider without first contacting us, we reserve the right to immediately terminate your account and ban you from future use of the Service.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

• You retain all rights to the data you submit to the Service.
• We use your data only as described in our Privacy Policy.
• You are responsible for maintaining backups of your data.
• We are not responsible for any loss or corruption of your data.
• You can request deletion of your data by contacting us.
• You are solely responsible for exporting and backing up your data; we may delete stored data upon termination, account closure, or Service discontinuation.
• The Service depends on third-party providers (e.g., payments, authentication, email). Outages or errors by those providers may affect availability or functionality, and we are not liable for resulting interruptions, errors, or data loss.

7.1 Third-Party Data Processing

To provide certain features, we share data with third-party service providers:

• When you use the AI habit generation feature, the goal text you enter is sent to OpenAI for processing. We do not send your personal information (such as email or name) to OpenAI — only the goal content you submit.
• Authentication is handled by Google Firebase. Your email and account credentials are processed by Firebase.
• Profile images you upload are stored in Google Firebase Storage (Google Cloud servers). These images are publicly accessible and processed by Google in accordance with their data processing terms.
• Payments are processed by Stripe. Your payment details are handled directly by Stripe and are not stored on our servers.

7.2 Data You Provide

We collect and store the following personal data:

• Email address and authentication credentials (for account access)
• Timezone (for displaying habit data correctly)
• Profile image (optional, publicly visible, stored on Google Cloud servers)
• Habit data and completion records (for providing the Service)
• Username (optional, publicly visible)

The legal basis for processing this data is the performance of our contract with you (these Terms) and your consent where applicable. You may delete your profile image at any time in Settings, and you may delete all your data by deleting your account.

8.1 Our Property

The Service and its original content, features, and functionality are owned by XDAYS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Content

• You retain ownership of any content you submit to the Service.
• By submitting content, you grant us a license to use, modify, and display your content solely to provide the Service.
• You represent that you have all necessary rights to grant this license.

8.3 Trademarks

XDAYS and related logos are trademarks of XDAYS. You may not use these trademarks without our prior written consent.

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To transmit any harmful or malicious code
• To impersonate or attempt to impersonate XDAYS or any other person or entity
• To engage in any activity that interferes with or disrupts the Service
• To attempt to gain unauthorized access to any portion of the Service
• To use any automated system to access the Service (except for standard search engine crawlers)
• To collect or harvest any personally identifiable information from the Service
• To use the Service for any commercial purposes without our written consent
• To reverse engineer, decompile, or disassemble any aspect of the Service
• To share your paid account with others to avoid paying for additional subscriptions

XDAYS allows you to upload content such as profile images. By uploading content, you agree to the following:

10.1 Content Standards

You must not upload content that:

• Is illegal, obscene, pornographic, or sexually explicit
• Depicts violence, abuse, or harm to any person or animal
• Is hateful, discriminatory, or promotes harassment or intimidation
• Infringes on the intellectual property, privacy, or other rights of any third party
• Contains malware, viruses, or any harmful code
• Impersonates another person or misrepresents your identity
• Violates any applicable law or regulation

10.2 Content Restrictions

• Uploaded images must be in PNG, JPEG, or WebP format and must not exceed 5MB in size.
• Profile images become publicly visible immediately upon upload to anyone on the internet, including search engines.
• You are solely responsible for the content you upload.

10.3 License and Removal

• By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely for the purpose of providing the Service.
• We reserve the right to remove any uploaded content at our sole discretion, without notice, for any reason, including content that violates these Terms.
• We may, but are not obligated to, monitor or review uploaded content.
• Violation of these content standards may result in immediate account termination.

XDAYS may use artificial intelligence to generate habit suggestions and other content.

• AI-generated suggestions are provided for informational purposes only.
• We do not guarantee the accuracy, completeness, or usefulness of AI-generated content.
• You are responsible for evaluating and deciding whether to use AI-generated suggestions.
• AI-generated content should not be considered professional advice.

The Service is provided on an “as is” and “as available” basis without warranties of any kind.

To the fullest extent permitted by law, XDAYS disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free service
• Accuracy or reliability of results

We do not warrant that the Service will meet your requirements or that defects will be corrected.

To the maximum extent permitted by law, XDAYS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

This limitation applies regardless of the legal theory upon which the claim is based, including breach of contract, breach of warranty, tort, or any other legal theory.

You agree to indemnify, defend, and hold harmless XDAYS and its officers, directors, employees, contractors, agents, licensors, and suppliers from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content submitted to the Service

15.1 By You

You may terminate your account at any time by contacting us or through your account settings. Remember that termination does not entitle you to a refund.

15.2 By Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15.3 Effect of Termination

• Upon termination, your right to use the Service will immediately cease.
• All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
• We may delete your data after a reasonable period following termination.

We reserve the right to modify or replace these Terms at any time at our sole discretion.

• We will provide notice of material changes by posting the new Terms on the Service and updating the “Last Updated” date.
• For significant changes, we may provide additional notice (such as email notification).
• Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.
• If you do not agree to the new Terms, you must stop using the Service.

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved in the competent courts located in Poland.

18.1 Informal Resolution

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email.

18.2 Arbitration Agreement

If we cannot resolve the dispute informally, any dispute will be resolved through binding arbitration in accordance with the applicable arbitration rules under Polish law.

18.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in any class action lawsuit or class-wide arbitration.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and XDAYS regarding the Service and supersede all prior agreements and understandings.

If you have any questions about these Terms, please contact us at aximer.business@gmail.com.