Terms and Conditions

The XDAYS website, application, and related services (collectively, the “Service”) are owned and operated by:

References in these Terms and Conditions (the “Terms”) to “XDAYS,” “we,” “us,” or “our” are references to Aximer sp. z o.o.

• “Account” means the personal account created by a User to access the Service.
• “Consumer” means a natural person using the Service for purposes unrelated to their trade, business, craft, or profession.
• “Subscription” means a paid, recurring plan granting access to premium features of the Service.
• “User,” “you,” or “your” means any person who accesses or uses the Service.
• “User Content” means any content you submit to the Service, including habit names and descriptions, goals, usernames, and profile images.

These Terms constitute a legally binding agreement between you and Aximer sp. z o.o. By creating an Account, purchasing a Subscription, or otherwise accessing or using the Service, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

• You must be at least 18 years of age and have full legal capacity to enter into a binding contract.
• If you use the Service on behalf of a company or other legal entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.
• You may not use the Service if you are barred from doing so under any applicable law.

4.1 Description

XDAYS is a cloud-based habit tracking and productivity service that allows Users to:

• Create and track habits and monitor progress and streaks over time;
• Generate habit suggestions using artificial intelligence;
• Customize habits with icons, descriptions, and schedules;
• Upload a profile image and share an optional public profile;
• Synchronize data across devices.

4.2 Free Plan

We may offer a free plan with limited functionality. The free plan is provided free of charge as a courtesy, may be modified, limited, or withdrawn at any time at our sole discretion, and carries no service level commitments.

4.3 Updates and Changes

The Service evolves over time. We may add, modify, or remove features and functionality at any time. Where a change materially reduces functionality available to Consumers under an active paid Subscription, we will provide reasonable advance notice where required by law, and you may cancel your Subscription in accordance with Section 8.

5.1 Registration

• You must provide accurate, current, and complete information during registration and keep it up to date.
• One person or legal entity may maintain no more than one free Account.
• Accounts are personal to you and may not be sold, transferred, or assigned.

5.2 Security

• You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your Account.
• You must not share your credentials with, or permit use of your Account by, any third party.
• You must notify us immediately at aximer.business@gmail.com of any unauthorized use of your Account or any other breach of security.
• To the extent permitted by applicable law, we are not liable for any loss or damage arising from your failure to comply with this Section.

6.1 Plans and Billing

• Paid Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select).
• Current prices are displayed in the Service prior to purchase. Unless otherwise stated, fees are quoted in U.S. Dollars and include or exclude applicable taxes as indicated at checkout.
• Payments are processed by Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. We do not store your full payment card details.
• You authorize us (through Stripe) to charge your designated payment method for all fees due under your Subscription.

6.2 Automatic Renewal

• Your Subscription renews automatically at the end of each billing period for a period of equal length, unless you cancel before the renewal date.
• Renewals are charged at the then-current price for your plan.
• We may change Subscription prices. Price changes will not affect a billing period already paid for, and we will notify active subscribers at least 30 days before a price change takes effect. If you do not agree to a price change, you may cancel before it takes effect.

6.3 Free Trials

We do not currently offer free trials. If we introduce trials in the future, the applicable conditions will be communicated at sign-up.

6.4 Payment Information; Failed Payments

• You must provide current, complete, and accurate payment information and keep it up to date.
• If a payment fails or is reversed, we may retry the charge and may suspend or downgrade your access to paid features until payment is received.
• You remain liable for any amounts due and unpaid for periods in which you had access to paid features.

6.5 Taxes

You are responsible for any applicable taxes, duties, or governmental charges associated with your purchase, except for taxes on our income. Where we are required to collect taxes (such as VAT), they will be calculated and shown at checkout.

7.1 Statutory Right

If you are a Consumer residing in the European Union, the European Economic Area, or the United Kingdom, you have a statutory right to withdraw from a distance contract within 14 days of its conclusion (your Subscription purchase), without giving any reason. If you validly exercise this right, you will receive a full refund of the amount paid.

The withdrawal right arises upon conclusion of the contract; it does not arise again upon automatic renewal of an existing Subscription, except where applicable law provides otherwise.

7.2 How to Withdraw

• To exercise your right of withdrawal, send an unequivocal statement of withdrawal to aximer.business@gmail.com before the 14-day period expires, including the email address associated with your Account.
• We will reimburse you without undue delay and no later than 14 days from the day we are informed of your decision, using the same means of payment you used for the transaction, unless you expressly agree otherwise. You will not incur any fees as a result of the reimbursement.

7.3 Other Jurisdictions

If you reside outside the EU/EEA and the United Kingdom, no withdrawal or cooling-off right applies except where granted by mandatory laws of your jurisdiction, in which case those laws apply to the minimum extent required.

8.1 No Refunds

• Subject to Section 7 and any non-waivable statutory rights, Subscription fees are non-refundable, and no refunds or credits are provided for partial billing periods, unused time, downgrades, dissatisfaction with the Service, or failure to use the Service.
• Nothing in this Section limits your statutory remedies as a Consumer in the event the Service does not conform with the contract under applicable law (including, for Consumers in the EU, remedies for lack of conformity of digital services).

8.2 Cancellation

• You may cancel your Subscription at any time through your account settings or by contacting support at aximer.business@gmail.com.
• Cancellation takes effect at the end of the current billing period. You retain access to paid features until that date, and no further charges will be made thereafter.
• After cancellation takes effect, your Account reverts to the free plan (if available).

8.3 Chargebacks

• If you believe a charge is incorrect, contact us first at aximer.business@gmail.com so we can investigate and resolve the issue.
• If you initiate a chargeback or payment dispute that is determined by the payment provider to be unjustified, we reserve the right to suspend or terminate your Account, deny future use of the Service, and recover from you the disputed amounts together with reasonable costs and fees incurred in connection with the dispute, to the extent permitted by applicable law.
• This Section does not restrict your right to raise legitimate payment disputes with your bank or card issuer.

9.1 Ownership and License

• You retain all ownership rights in your User Content.
• By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers only) license to host, store, reproduce, modify (for technical purposes such as resizing), display, and distribute that content solely as necessary to operate, provide, secure, and improve the Service.
• You represent and warrant that you own or have all rights necessary to submit your User Content and grant this license, and that your User Content does not violate any law or third-party right.

9.2 Content Standards

You must not submit User Content that:

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

9.3 Public Visibility

• Profile images must be in PNG, JPEG, or WebP format and must not exceed 5 MB.
• If you upload a profile image or set a public username, that content becomes publicly accessible on the internet immediately, including to search engines. Do not upload content you do not want to be public.
• You are solely responsible for the User Content you submit.

9.4 Moderation and Removal

• We may, but are not obligated to, monitor or review User Content.
• We may remove or disable access to any User Content at any time if we reasonably believe it violates these Terms or applicable law, or exposes us or other Users to risk. Where required by law, we will inform you of the reasons for removal and available means of redress.
• Violation of these content standards may result in suspension or termination of your Account.

10.1 AI Features

• The Service uses artificial intelligence to generate habit suggestions and related content. AI output is generated automatically and may be inaccurate, incomplete, inappropriate, or misleading.
• We make no representations or warranties as to the accuracy, completeness, reliability, or suitability of AI-generated content. You are solely responsible for evaluating AI-generated suggestions before acting on them.
• Goal text you submit to the AI feature is processed by a third-party AI provider as described in our Privacy Policy. Do not include personal or sensitive information in AI prompts.

10.2 No Medical or Professional Advice

The Service, including AI-generated content, is provided for general informational and self-organization purposes only. It does not constitute, and must not be relied upon as, medical, psychological, legal, financial, or other professional advice. Always consult a qualified professional before making decisions concerning your health or wellbeing. Never disregard professional advice because of something you saw in the Service.

You agree not to, and not to permit or assist any third party to:

• Use the Service in any way that violates any applicable law or regulation;
• Transmit any malware, viruses, or other harmful code;
• Impersonate XDAYS, our staff, or any other person or entity;
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure;
• Attempt to gain unauthorized access to the Service, other Accounts, or our systems or networks;
• Use any automated system (including bots, scrapers, or crawlers, other than standard search engine crawlers) to access the Service;
• Collect or harvest personal data of other Users;
• Resell, sublicense, rent, lease, or otherwise commercially exploit the Service without our prior written consent;
• Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service, except to the extent such restriction is prohibited by applicable law;
• Circumvent or attempt to circumvent any usage limits, payment requirements, or security measures, including by sharing a paid Account;
• Use the Service to develop a competing product or service.

12.1 Our Property

The Service — including its software, design, text, graphics, logos, and all other content and functionality (excluding User Content) — is owned by Aximer sp. z o.o. or its licensors and is protected by copyright, trademark, and other intellectual property laws. No rights are granted to you other than the limited right to use the Service in accordance with these Terms.

12.2 License to You

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes.

12.3 Trademarks

“XDAYS” and related logos are trademarks of Aximer sp. z o.o. You may not use them without our prior written consent.

12.4 Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback for any purpose without obligation or compensation to you.

The Service relies on third-party providers, including for payment processing (Stripe), authentication, data storage, and analytics (Google Firebase / Google Cloud), and AI processing (OpenAI). Details of the personal data processed by these providers are set out in our Privacy Policy.

• Your use of third-party services may be subject to those providers' own terms and policies.
• To the extent permitted by applicable law, we are not liable for interruptions, errors, or data loss caused by third-party providers, although we will use reasonable efforts to restore the Service in case of provider outages.

We process personal data in accordance with our Privacy Policy, which explains what data we collect, why, on what legal basis, with whom we share it, and your rights under applicable data protection law (including the GDPR).

• You retain all rights to the data you submit to the Service.
• You are responsible for maintaining your own backups of your data. Except where required by applicable law, we are not liable for loss or corruption of data, and we may delete stored data following termination of your Account or discontinuation of the Service, as described in Section 16 and the Privacy Policy.
• You may request deletion of your data at any time by deleting your Account or contacting us.

To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by applicable law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, error-free, or that defects will be corrected.

This Section does not exclude or limit any warranty or guarantee that cannot be excluded under applicable law. If you are a Consumer, you may have statutory rights regarding the conformity of digital services that are not affected by this Section.

• We do not guarantee uninterrupted availability of the Service. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or events outside our reasonable control.
• We may suspend, modify, or permanently discontinue the Service or any part of it. If we permanently discontinue the paid Service, we will provide active subscribers with reasonable advance notice where practicable and, for Consumers, a pro-rata refund of prepaid fees covering the period after discontinuation, where required by applicable law.
• If the Service is discontinued, Accounts and stored data may be deleted after the notice period. You are responsible for exporting or backing up your data before discontinuation.

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or anticipated savings, arising out of or in connection with the Service or these Terms.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the amounts you paid to us for the Service in the 12 months preceding the event giving rise to the claim, and (b) USD 100.

These limitations apply regardless of the legal theory of the claim (contract, tort, statutory, or otherwise) and even if we have been advised of the possibility of such damages.

17.1 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Damage caused intentionally (willful misconduct) or by fraud;
• Death or personal injury caused by our negligence, where such liability cannot be excluded;
• Any other liability that cannot be excluded or limited under applicable law, including mandatory Consumer protection laws of your country of residence.

If you are a Consumer, the limitations in this Section apply only to the extent permitted by the mandatory laws of your country of residence.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Aximer sp. z o.o. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms;
• Your violation of any applicable law or the rights of any third party;
• Your User Content;
• Your misuse of the Service.

This Section does not apply to Consumers to the extent prohibited by the mandatory laws of their country of residence; in that case, you remain liable for damage caused by your unlawful conduct under general rules of law.

19.1 By You

You may stop using the Service and delete your Account at any time through your account settings or by contacting us. Termination by you does not entitle you to a refund except as set out in Section 7, Section 16, or as required by mandatory applicable law.

19.2 By Us

• We may suspend or terminate your Account and access to the Service, with immediate effect, if you materially breach these Terms (including the Acceptable Use and content standards provisions), if required by law, or if your use poses a security, legal, or operational risk to us, other Users, or third parties.
• Where reasonably practicable and permitted by law, we will give you prior notice and an opportunity to remedy the breach before termination; in cases of serious or repeated breach, fraud, or legal risk, we may terminate immediately without notice.
• Termination for your material breach does not entitle you to any refund, to the extent permitted by applicable law.

19.3 Effect of Termination

• Upon termination, your right to use the Service ceases immediately.
• We may delete your Account data after a reasonable period following termination, as further described in our Privacy Policy. Export your data before terminating.
• Sections that by their nature should survive termination — including Sections 12 (Intellectual Property), 15 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 22 (Governing Law), and 23 (Dispute Resolution) — survive.

We may amend these Terms for valid reasons, including: changes in applicable law or regulatory requirements; changes to the Service, its features, or pricing structure; security, technical, or operational reasons; correction of errors or ambiguities; or changes in our business, including third-party providers.

• For material changes, we will give you at least 15 days' advance notice by email and/or a prominent notice in the Service, and will update the “Last Updated” date above.
• If you do not agree to the amended Terms, you may cancel your Subscription and stop using the Service before the changes take effect.
• Your continued use of the Service after the effective date of the amended Terms constitutes acceptance of them.
• Changes will not retroactively affect rights you have already acquired (including billing periods already paid for) except where required by law or where the change is to your benefit.

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, governmental actions, power or internet failures, or failures of third-party infrastructure or services. This Section does not affect Consumers' statutory rights.

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of Poland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

• If you are a Consumer, this choice of law does not deprive you of the protection afforded by provisions of the law of your country of habitual residence that cannot be derogated from by agreement.
• If you are not a Consumer, the courts having jurisdiction over our registered office (Wrocław, Poland) shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms or the Service.
• If you are a Consumer, jurisdiction is determined by applicable statutory rules; you may be entitled to bring proceedings in the courts of your country of residence.

23.1 Informal Resolution First

Before initiating any formal proceedings, you agree to first contact us at aximer.business@gmail.com with a description of the dispute and give us 30 days to attempt to resolve it amicably. We will likewise attempt to resolve disputes with you informally before pursuing formal remedies.

23.2 Consumer ADR

If you are a Consumer, you may have access to out-of-court complaint and redress mechanisms, including (in Poland) mediation conducted by provincial inspectorates of the Trade Inspection (Inspekcja Handlowa) and assistance from municipal or district consumer ombudsmen, or equivalent alternative dispute resolution bodies in your country of residence. Use of ADR is voluntary for both parties; we will inform you upon request whether we agree to participate in a given ADR procedure.

23.3 Class Action Waiver

To the extent permitted by applicable law, you and we agree to resolve disputes on an individual basis only, and waive any right to participate in a class, collective, or representative action. This waiver does not apply where prohibited by the mandatory laws of your country of residence.

• Entire Agreement. These Terms, together with the Privacy Policy and any plan-specific terms presented at purchase, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on that subject.
• Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets; where required by law, we will notify you of such assignment.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
• No Third-Party Beneficiaries. These Terms do not confer any rights on any third party.
• Notices. We may provide notices to you by email to the address associated with your Account or through the Service. You may provide notices to us at aximer.business@gmail.com.
• Language. These Terms are drawn up in English. If we provide a translation, the English version prevails to the extent permitted by applicable law.
• Headings. Section headings are for convenience only and do not affect interpretation.

If you have any questions about these Terms, please contact us: