The agreement

These Terms of Service form a binding agreement between you and Coordn8r Software Inc. (“Dayzle”, “we”, “us”), a company incorporated in Ontario, Canada, at [REGISTERED ADDRESS], Ontario, Canada. They govern your use of the Dayzle mobile app, the web version at play.dayzlegame.com, and everything in them (together, the “App”).

By downloading, opening, or using the App you agree to these Terms. If you don’t agree, don’t use the App. Our Privacy Policy explains how we handle your personal information and forms part of this agreement. Separate Website Terms cover dayzlegame.com.

We may update these Terms. If a change is material we will tell you in the App or by email at least 14 days before it takes effect, and you can reject it by closing your account before then. Continuing to use the App after the effective date means you accept the new version. Changes we make to comply with the law may take effect immediately.

Where Dayzle is available

Dayzle is offered in Canada and the United States. Our App Store and Google Play listings are restricted to those countries, we price in Canadian and US dollars, and we do not market or direct Dayzle anywhere else.

The web version is reachable from anywhere, because that is how the web works. That is not an offer of the service in your country. If you are outside Canada and the United States and use Dayzle anyway, you do so on your own initiative and at your own risk: the App is not tailored to your local law, we make no representation that it complies with it, and you are responsible for whether using it is lawful where you are. We may restrict access by region at any time.

Who can use Dayzle

You must be at least 13 years old to use Dayzle. If you are somewhere with a higher minimum age for agreeing to online services on your own, that age applies to you instead. If you are under the age of majority where you live, you may use Dayzle only with the involvement of a parent or guardian who agrees to these Terms.

You must also be legally able to enter into a contract, and not barred from using the App under the laws of Canada, your country of residence, or any other applicable jurisdiction — including trade sanctions and export control laws.

Your account

Dayzle creates an anonymous account for you the first time you open it, so you can start playing without signing up for anything. That account lives on that device.

An anonymous account is not backed up to you. If you delete the App, lose the device, or clear its data without first signing in, your streak and history are gone and we cannot recover them — there is nothing linking that account to you. Signing in with Google, Apple, or an email address is how you keep your progress. We recommend it, and we won’t nag you about it more than once.

You agree to:

Give accurate information when you sign in, and keep it current.
Keep your credentials secure, and tell us promptly at hello@dayzlegame.com if you believe someone else has accessed your account.
Use one account for yourself. Don’t share it, sell it, or transfer it, and don’t create accounts to evade a suspension.

You are responsible for activity under your account, except where it results from our own failure to keep the service secure.

Your licence to use Dayzle

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own non-commercial enjoyment, in accordance with these Terms and with the usage rules of the app store you got it from.

That’s a licence, not a sale. Except where the law says otherwise, you must not:

Copy, modify, translate, or create derivative works of the App.
Reverse engineer, decompile, or disassemble it, or try to extract its source code, puzzle sets, or word lists.
Rent, lease, lend, sell, sublicense, or distribute the App or access to it.
Remove or obscure any copyright, trademark, or other proprietary notice.
Use automated means — bots, scrapers, solvers, emulator farms — to play, to access the App, or to extract its content.
Circumvent any technical limitation, rate limit, paywall, or security measure.

What Dayzle is not

Dayzle is entertainment, not medicine. It is a set of puzzle games. It is not a medical device, a diagnostic tool, a therapy, or a treatment, and it is not a substitute for advice from a qualified health professional.

We make no claim that playing Dayzle will improve your cognitive abilities, make you smarter, improve your memory or attention in daily life, delay or prevent cognitive decline, or reduce your risk of dementia, Alzheimer’s disease, or any other condition. Getting better at the games in Dayzle means you have got better at the games in Dayzle. The scientific evidence that brain-training transfers to everyday performance is limited and contested, and we are not going to tell you otherwise in order to sell you a subscription.

Your Brain Score is a summary of how you have played in this app. It is not an IQ score, not a clinical measure, and not an assessment of your cognitive health. Do not use it, or anything else in the App, to make a decision about your health. If you are concerned about your memory or thinking, please talk to a doctor.

Fair play and leaderboards

Dayzle includes leaderboards. When you complete a qualifying game, your handle — your display name, or an auto-generated one like “Player 4XKQ” if you haven’t set one — appears alongside your score, difficulty, and completion time, visible to other players. See the Privacy Policy for exactly what is shown and how to stay off them.

Scores are validated on our servers. Submitting a score you did not earn by playing — by tampering with the app, intercepting or forging network traffic, using a solver, or exploiting a bug — is a breach of these Terms. We may remove entries, reset statistics, or suspend accounts when we have reasonable grounds to believe this has happened. If you think we got that wrong, email us and we will look at it properly.

Leaderboards, streaks, scores, and any in-app achievements have no monetary value, are not property, cannot be exchanged for anything of value, and may be adjusted, reset, or discontinued.

Your display name and picture

You can set a display name and upload a profile picture (“Your Content”). You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display it for the purpose of operating the App — which in practice means showing it to you and to other players on leaderboards. That licence ends when you delete the content or your account, except for copies in routine backups that expire on schedule.

You confirm you have the right to upload what you upload, and that Your Content is not:

Someone else’s copyrighted image or trademark, used without permission.
Obscene, hateful, harassing, threatening, or an incitement to violence.
Sexual content, or anything involving a minor in a sexual context.
An impersonation of another person, a public figure, or of Dayzle staff.
Personal information about someone else, or your own contact details.

We may remove Your Content or reset your display name if it breaks these rules. We don’t pre-screen it, and we are not obliged to monitor it.

Things you must not do

Beyond the above, don’t:

Break the law, or use Dayzle to help anyone else break it.
Interfere with the App’s operation, or attempt to gain unauthorised access to our systems, other players’ accounts, or any data you are not entitled to.
Probe or test our systems’ security without our written permission. If you find a vulnerability, please tell us at hello@dayzlegame.com — we will thank you and we will not come after you for a good-faith report.
Place an unreasonable load on our infrastructure, or use the App in a way that degrades it for others.
Harass other players, or misuse a display name to do so.
Use the App to build a competing product, or to train a machine-learning model on its content.

Subscriptions and payment

Dayzle’s daily set is free. We may also offer an optional paid subscription unlocking additional features. Where we do, the following applies.

The store bills you, not us. Subscriptions are sold and processed by the Apple App Store or Google Play, under their terms and their payment policies. We never see your card details.
Price and terms are shown before you buy. The current price, billing period, and what the subscription includes are displayed in the App at the point of purchase. Prices vary by country and may include tax depending on where you are.
Subscriptions renew automatically. Unless you cancel at least 24 hours before the end of the current period, the subscription renews for another period and your account is charged at the then-current price through your store account.
Free trials. If we offer a trial, it converts to a paid subscription at the end of the trial period unless you cancel before it ends. One trial per person. We will remind you before a trial converts where the law or the store requires it, and we will try to anyway.
Price changes. We may change subscription prices. Any change applies from your next renewal, never mid-period, and we will give you at least 30 days’ notice and — where the app store or the law requires it — ask for your explicit consent before the new price is charged. You can always cancel instead.
The free daily set stays free. We are not going to put today’s daily set behind the paywall for people who have been playing it.

Cancelling and refunds

Cancel through your store, not through us — we have no ability to cancel a subscription on your behalf. On iOS: Settings → your name → Subscriptions. On Android: the Google Play app → Payments and subscriptions → Subscriptions. Cancelling stops the next renewal; you keep access until the end of the period you have already paid for.

Deleting the App does not cancel a subscription. Deleting your Dayzle account does not cancel it either — cancel at the store first.

Refunds are handled by the store under Apple’s and Google’s own policies. We can’t issue them directly, but tell us if something went wrong and we will help you make the case.

Your consumer rights are not affected. Canadian provincial consumer protection legislation and US state automatic-renewal laws — including California’s Automatic Renewal Law — give you rights around clear disclosure before you are charged, affirmative consent to a recurring charge, and a straightforward way to cancel. Nothing in this section takes any of that away. If your local law gives you a cancellation or refund right beyond what the app store offers, you have it, and we will honour it: write to hello@dayzlegame.com and we will sort it out rather than point you back at the store.

Changes to the app

We will keep improving Dayzle, which means games, features, and puzzle sets may be added, changed, or removed. We may issue updates automatically through your app store, and older versions may stop working over time.

We may suspend the App for maintenance, and we may discontinue it entirely. If we shut Dayzle down we will give you reasonable advance notice, stop taking payments, refund the unused portion of any subscription you have paid for, and give you a way to export your data before it goes.

Ending the agreement

You can leave at any time. Delete your account in the App at Profile → Edit profile → Delete account. It removes your account and your data as described in the Privacy Policy, and it cannot be undone. Cancel any subscription at the store separately.

We may suspend or terminate your account if you materially breach these Terms, if we are required to by law, or to protect the App or other players from harm. Except where a breach is serious or the law requires immediate action, we will warn you first and give you a chance to put it right. If we terminate your account without cause, we will refund the unused portion of any subscription.

Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, indemnity, disputes, and governing law — survive termination.

Our intellectual property

The App, its games, puzzles, generated puzzle sets, word lists, scoring systems, artwork, sound, text, the Dayzle name and logo, and everything else in it are owned by Coordn8r Software Inc. or our licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers any of that to you beyond the licence above.

If you send us feedback, suggestions, or ideas, you grant us the right to use them freely and without obligation or compensation. We say that not to take anything from you but so that a suggestion we already had on the roadmap doesn’t turn into a dispute.

Disclaimers

The App is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of bugs, that defects will be corrected, or that your data will never be lost — although we work hard at all four.

Consumer rights are not affected. Many jurisdictions do not allow the exclusion of certain warranties or statutory guarantees — including Ontario under the Consumer Protection Act, 2002, Quebec under its Consumer Protection Act, other Canadian provinces, and a number of US states. Where that is the case, those exclusions do not apply to you and you keep every right your local law gives you. Nothing in these Terms is intended to limit a right that cannot lawfully be limited.

Limitation of liability

To the fullest extent permitted by law, Coordn8r Software Inc. and its directors, officers, employees, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost streaks, or loss of goodwill, arising out of or relating to the App — even if we were told such damages were possible.

Our total aggregate liability arising out of or relating to the App is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or CAD $100.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that cannot lawfully be excluded under the consumer protection law that applies to you.

Indemnity

If you are using Dayzle other than as a consumer, you agree to indemnify Coordn8r Software Inc. against claims, damages, and reasonable legal costs arising from your breach of these Terms, your misuse of the App, or Your Content. This section does not apply to consumers where local law prohibits it.

Disputes and arbitration

Talk to us first

Before starting any formal proceeding, please email hello@dayzlegame.com describing the problem and what you want. We will do the same if we have a complaint about you. Most things get solved here, and both sides agree to try in good faith for 30 days.

Arbitration

If we can’t resolve it informally, then to the extent permitted by applicable law, any dispute arising out of or relating to these Terms or the App will be resolved by final and binding arbitration before a single arbitrator, administered under the rules of the ADR Institute of Canada, seated in Toronto, Ontario, in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

Where arbitration applies, disputes will be brought individually, and not as a plaintiff or class member in a class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Exceptions — please read, one of these probably applies to you

The Arbitration and Class action waiver subsections above do not apply:

Where consumer protection law makes them unenforceable. This expressly includes consumers in Ontario, whose rights under the Consumer Protection Act, 2002 to bring an action in court and to participate in a class proceeding cannot be waived; consumers in Quebec, where the Consumer Protection Act prohibits requiring a consumer to arbitrate; and consumers elsewhere in Canada or in any US state with equivalent protections. If you are one of those consumers, you keep those rights in full and nothing above takes them away.

To small claims court. Either of us may bring an individual claim in small claims court instead.

To injunctive relief for infringement or misuse of intellectual property, which either of us may seek in court.

If you are outside Canada and the United States, note that we do not offer Dayzle in your country — see Where Dayzle is available — and nothing here is intended to deprive you of a protection your local law gives you that cannot be waived.

Opting out of arbitration

Even if the Arbitration subsection would otherwise apply to you, you can opt out. Email hello@dayzlegame.com with the subject line “Arbitration opt-out” within 30 days of first accepting these Terms, including your name and the email or account you use. That’s it — no form, no phone call. Opting out has no effect on anything else in this agreement and we will not treat you differently for it.

Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to the Disputes and arbitration section, the courts of Ontario have exclusive jurisdiction.

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer laws of the province, state, or country where you live. The UN Convention on Contracts for the International Sale of Goods does not apply.

Additional terms for the Apple App Store

If you downloaded Dayzle from the Apple App Store, the following applies and prevails over anything inconsistent above:

This agreement is between you and Coordn8r Software Inc. only, not with Apple. Apple is not responsible for the App or its content.
Your licence is limited to using the App on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service, including Family Sharing where applicable.
Coordn8r Software Inc. is solely responsible for providing maintenance and support. Apple has no obligation to provide any support for the App.
If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
Coordn8r Software Inc., not Apple, is responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or privacy law.
Coordn8r Software Inc., not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the App infringes that party’s intellectual property rights.
You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and are not listed on any US Government list of prohibited or restricted parties.
You must comply with any applicable third-party terms of agreement when using the App.
Apple and its subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance will have the right to enforce it against you.

If you downloaded Dayzle from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to this agreement.

General

Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the App, replacing anything said earlier.
Severability. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stands.
No waiver. If we don’t enforce something immediately, we haven’t given up the right to enforce it later.
Assignment. You may not assign these Terms. We may assign them to an affiliate or to a successor in a merger or acquisition, on notice to you.
Notices. We will contact you in the App or at the email address on your account. Reach us at hello@dayzlegame.com.
Force majeure. Neither of us is liable for a failure caused by something genuinely outside our reasonable control.
Language. These Terms are drafted in English. A translation is provided for convenience; the English version governs, except where local law requires otherwise.

Contact

Coordn8r Software Inc. [REGISTERED ADDRESS], Ontario, Canada hello@dayzlegame.com

App Terms of Service