Terms and Conditions of Service
General
The Daily Dove website (the "Website"), mobile application (the "App"), and related services (together with the Website and App, the "Service") are operated by SIER Technologies Inc., a Delaware corporation doing business as Daily Dove ("Daily Dove," "us," or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service (these "Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Daily Dove may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least seven (7) days after the changes are posted and will indicate at the bottom of these Terms and Conditions the date they were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
Important. Daily Dove is provided "as-is" and exists solely for informational and devotional purposes. Daily Dove offers Scripture-based encouragement and AI-generated content, but the Service does not provide medical, psychological, legal, or pastoral counseling. Reliance on the content provided by Daily Dove is at your own risk. In urgent or emergency situations, call 9-1-1; if you are experiencing a mental-health crisis, call or text 9-8-8 (Suicide & Crisis Lifeline) or 1-800-273-TALK (8255).
Description of Service
The Service allows users to access and use a faith-based prayer companion, including daily devotional content, Scripture-based encouragement, prayer topics and themes, and an AI-driven character (the "Dove") with whom users can engage in spoken or written conversation. Please note that the Service includes artificial-intelligence-generated content.
Scope of the Service. The Service is designed and intended solely for devotional and faith-based use, such as prayer, scripture, and spiritual reflection. The Service is not designed or intended for, and you agree not to use it to seek or obtain, medical, mental-health, legal, financial, or other professional advice, or to address an emergency or crisis. The Dove may decline to engage with, or may redirect, requests that fall outside this devotional scope. Any reliance on the Service for a purpose outside this scope is at your own risk, and you should instead consult a qualified professional.
The Dove Is Not a Religious or Spiritual Authority. The Dove is an AI character, not a religious or spiritual authority. Responses are generated by machine-learning models based on probabilistic reasoning, and may not accurately reflect the teachings of any particular denomination, religious tradition, or doctrinal authority. Responses should not be relied upon as theological guidance, divine communication, or a substitute for clergy, pastoral counseling, or prayer in community with people of faith.
Spiritual Distress. Some users may experience spiritual distress, religious doubt, or related discomfort when reflecting on faith. If you experience persistent spiritual distress, please consult clergy, a licensed mental-health professional, or another trusted advisor. The Service is not a substitute for any of these.
Daily Dove may, in its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Service, temporarily or permanently.
Acceptable Use of the Service
You are responsible for your use of the Service, and for any use of the Service made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Service, you agree not to:
- Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content (as defined below) that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, fraudulent, false, misleading, deceptive, obscene, pornographic, or unlawful, or that infringes upon any third-party right (including copyright, trademark, privacy, publicity, or other personal or proprietary rights);
- Post or share User Content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, or that is violent or threatening;
- Use the Service as (or to provide) any investment, legal, medical, or other professional advice, or for any illegal purpose;
- Use the Service or any Outputs to develop or train any competing AI or machine-learning model;
- Represent that any Output was human-generated when it was not;
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any portion thereof;
- Access, use, or search the Service, scrape, or extract data or other content from the Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, or data-mining tools);
- Circumvent or disable any technological features or measures in the Service, or any restrictions applied to the Service;
- Upload or transmit any material that contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, harm, damage, or limit the functionality of any software or hardware;
- Resell, sublicense, assign, transfer, rent, lease, lend, or otherwise distribute the rights under these Terms and Conditions;
- Impersonate any person or entity, claim a false affiliation, access any other Service account without permission, or falsify your age or date of birth; or
- Use the Service in violation of any export-control regulations.
In our reasonable judgment, we may also restrict, remove, or refuse to display any User Content that we determine is objectionable, restricts or inhibits any other person from enjoying the Service, or may expose Daily Dove or others to any harm or liability. We reserve the right to immediately terminate your access to or use of the Service if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any applicable law or breach these Terms and Conditions. We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
Additional Terms
Some of our Services may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
Registration
In connection with registering for and using the Service, you agree:
- To provide accurate, current, and complete information about yourself as requested by Daily Dove (which we typically receive through Sign in with Apple or Sign in with Google);
- To maintain the confidentiality of any password or other information related to the security of your account;
- To maintain and promptly update any registration information you provide to Daily Dove, to keep such information accurate, current, and complete; and
- To be fully responsible for all use of your account and for any actions that take place through your account.
The Service is intended only for adults aged 18 and older. You may not register for or use the Service unless you are at least 18 years old.
Your Representations and Warranties
You represent and warrant to Daily Dove that:
- You are at least 18 years of age and legally capable of entering into binding contracts;
- Your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content; and
- You have created or own any material you submit via the Service (including all User Content), or you have the necessary rights, licenses, and consents to grant Daily Dove the license to use that material as set forth below.
You further represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.
You acknowledge that the Service involves the processing of sensitive personal information — including information that may reveal your religious or philosophical beliefs and information that may relate to your mental or physical health or wellbeing — and you provide your express consent to such processing as described in our Privacy Policy. You may withdraw this consent at any time by emailing [email protected], but without your consent we may not be able to provide you with the Service.
Submission of Content
As a condition of submitting any information, data, text, voice recordings, audio clips, audiovisual works, prayer topics, devotional inputs, ratings, reviews, or other materials on or through the Service (collectively, "User Content"), and as between you and Daily Dove, you retain any right, title, and interest that you have in your User Content. You hereby grant to Daily Dove a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license through multiple tiers to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and otherwise exploit your User Content for the purpose of providing, operating, and improving the Service (including by de-identifying or anonymizing your User Content and using it to train and improve Daily Dove's own AI features, consistent with our Privacy Policy).
You acknowledge that this license cannot be terminated by you once your User Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for your User Content to be used by you and Daily Dove as described in these Terms and Conditions.
You will not upload, display, or otherwise provide on or through the Service any User Content that violates these Terms and Conditions, applicable law, or any third-party right, or that may expose Daily Dove or its users to any harm or liability of any kind.
As between you and Daily Dove, Daily Dove retains all rights, title, and interest in and to the responses and content generated by the Service in response to your User Content ("Outputs"). The parties acknowledge that Outputs may be similar to Outputs generated for other users, and Daily Dove makes no representation that Outputs are unique or original.
Indemnification of Daily Dove
You agree to defend, indemnify, and hold harmless Daily Dove and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns (the "Daily Dove Parties") from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys' fees, arising out of or relating to: your access or use of the Service; any false representation made to us (as part of these Terms and Conditions or otherwise); your breach of any of these Terms and Conditions; your User Content; your use of any Outputs; your use of any third-party services accessed through the Service; or any claim that any content we provide to you is inaccurate, inappropriate, or defective in any way whatsoever.
License to App
Subject to the terms of these Terms and Conditions, Daily Dove grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object-code form only on an Apple-branded device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse-engineer, decompile, disassemble, or translate the App or any part thereof. Daily Dove and its licensors own and shall retain all intellectual-property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
The following terms and conditions apply to you if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Daily Dove, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Daily Dove acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation. You and Daily Dove acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, Daily Dove, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third-party terms of agreement when using the App. You and Daily Dove acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
In-App Purchases
Automatic Renewal
If you purchase an auto-renewing periodic subscription through the Service via the Apple App Store, your Apple Account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to manage your subscription through your Apple App Store account settings.
Fees and Taxes
You agree to pay all fees and applicable taxes incurred by you or anyone using a Daily Dove account registered to you. Daily Dove may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary-transaction interaction with the Service must be accurate, complete, and current.
Payment Processors
All financial transactions made in connection with the Service are processed by Apple through the Apple App Store in accordance with Apple's terms of use, privacy policy, and any applicable payment terms. We encourage you to learn about Apple's practices. In no event will Daily Dove be responsible for the actions or inactions of Apple as a payment processor, including, but not limited to, system downtime or payment-service outages.
Refund Policy
All payments are nonrefundable and there are no refunds or credits for partially used subscription periods, unless otherwise required by the law in your jurisdiction. If you cancel your periodic subscription, you will continue to have access to the Service through the end of your current billing period. Please note that purchases made through the Apple App Store are subject to Apple's refund policies; payments and refunds are handled by Apple, and Daily Dove cannot directly issue refunds for those purchases. You may request a refund directly from Apple in accordance with Apple's policies.
Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, services, or other resources that are not owned or controlled by Daily Dove. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Daily Dove, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Daily Dove shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
NO REPRESENTATIONS OR WARRANTIES BY DAILY DOVE
THE SERVICE, INCLUDING ALL CONTENT, OUTPUTS, IMAGES, AUDIO FILES, AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY, AND RIGHTS GRANTED OR PROVIDED TO YOU BY DAILY DOVE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAILY DOVE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAILY DOVE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. THE SERVICE IS PROVIDED SOLELY FOR DEVOTIONAL AND INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE MEDICAL, LEGAL, FINANCIAL, PASTORAL, OR ANY KIND OF PROFESSIONAL ADVICE, NOR DOES IT CONSTITUTE A DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION OR HEALTH PROBLEM. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICE RELY ON MACHINE LEARNING AND GENERATIVE AI WHICH, BY THEIR NATURE, PRODUCE OUTPUTS BASED ON PROBABILISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR-FREE. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES / LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAILY DOVE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA, EVEN IF DAILY DOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILY DOVE'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO DAILY DOVE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
Termination
Daily Dove may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Daily Dove account at any time by following the instructions available through the Service (Settings → Account). Sections that by their nature should survive termination — including the sections on Submission of Content, Indemnification, License to App, No Representations or Warranties, Limitation of Liability, Termination, Proprietary Rights, Trademarks, Privacy, Notice for Claims of Copyright Violations, Governing Law, Choice of Forum, Dispute Resolution & Arbitration, and Miscellaneous — shall survive any termination.
Proprietary Rights in Service Content
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), is the proprietary property of Daily Dove or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data-mining, robots, scraping, or similar data-gathering or extraction methods to obtain Service Content. All rights of Daily Dove or its licensors that are not expressly granted in these Terms and Conditions are reserved to Daily Dove and its licensors.
Trademarks
"Daily Dove" and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Daily Dove or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Daily Dove name or any Daily Dove or third-party trademarks, service marks, graphics, or logos.
Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://dailydove.app/privacy. By using the Service, you consent to the terms of the Privacy Policy.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good-faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Daily Dove pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Daily Dove's Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: SIER Technologies Inc. (d/b/a Daily Dove), Attn: Legal Department (IP Notification), 379 San Jose Ave, San Francisco, CA 94110
By email: [email protected]
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe that content was removed or access disabled by mistake or misidentification, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal court for the District of Delaware (or, if you reside outside the United States, of the federal court in Delaware); and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Governing Law
These Terms and Conditions shall be governed by and construed under the laws of the State of Delaware, United States of America, excluding any conflict-of-laws provisions, regardless of your country of origin or where you access the Service.
Choice of Forum
Subject to the section below titled "Dispute Resolution & Arbitration," all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in the State of Delaware. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in Delaware, and waive any objections to venue in those courts.
Dispute Resolution & Arbitration
ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.
Informal Dispute-Resolution Process. Prior to initiating any arbitration, the party seeking arbitration (the "Claimant") must first send a written Notice of Claim to the other party (the "Respondent") by email or U.S. Certified Mail. This Notice must contain the Claimant's name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.
Arbitrator and Rules. The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association ("AAA") according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (collectively, the "AAA Rules"), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over the AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed-upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act.
No Class Actions. Any and all disputes, claims, or controversies between the parties seeking monetary relief shall be resolved in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award monetary relief to anyone but the individual in arbitration. Notwithstanding anything else in this agreement, this class action waiver does not prevent you or Daily Dove from participating in a classwide, collective, and/or representative settlement of claims.
Small Claims. Notwithstanding the prior paragraph, if a claim for monetary damages is within the jurisdiction of a small-claims court, you may choose to have the claim for monetary damages heard in the small-claims court on an individual basis instead of in arbitration.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND DAILY DOVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Mass-Arbitration Rules. If twenty-five (25) or more similar demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA's Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Daily Dove must comply with the AAA's Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA's Supplementary Rules for Multiple Case Filings.
Injunctive Relief. Notwithstanding the above, any claim solely seeking injunctive or other equitable relief shall be heard in court, not arbitration, without the need to engage in the informal dispute-resolution process. If the Claimant seeks both monetary and injunctive relief, the claims for monetary relief shall proceed first, in arbitration, after completion of the informal dispute-resolution process, and the claims for injunctive relief shall proceed in court once the arbitration is concluded.
Opt-Out. If you do not want to arbitrate disputes with Daily Dove and you are an individual, you may opt out of this arbitration agreement by sending written notice to SIER Technologies Inc. (dba Daily Dove), Attention: Legal Department – Arbitration Opt-Out, 379 San Jose Ave, San Francisco, CA 94110, or by email to [email protected], within thirty (30) days of the day you first access or use the Service. The notice must specify your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration.
California Resident
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Force Majeure
Daily Dove will not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent such failure or delay is caused by circumstances beyond Daily Dove's reasonable control, including acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, sanctions, pandemics or public-health emergencies, labor disputes, strikes, telecommunications or internet failures, power outages, cyberattacks, or failures or outages of third-party services, vendors, or infrastructure on which the Service relies. Daily Dove will use commercially reasonable efforts to mitigate the effects of any such event and to resume performance as soon as practicable.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Daily Dove and you concerning the subject matter hereof. In the event that any of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Daily Dove or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Daily Dove may assign its rights or obligations under these Terms and Conditions without condition. You may not assign your rights or obligations under these Terms and Conditions without Daily Dove's prior written consent. These Terms and Conditions will be binding upon and will inure to the benefit of Daily Dove and you, and Daily Dove's and your respective successors and permitted assigns.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Last revised on May 26, 2026.