Terms and Conditions

1. Who we are

Zenday is operated by Norholm, MB, a small partnership registered in the Republic of Lithuania under registration number 307698646, VAT number LT100020253510, with its registered office at Girulių g. 10, LT-12112 Vilnius, Lithuania (“we”, “us”, “our”).

You can reach us at support@zenday.health or +370 676 88150.

2. These Terms

These Terms and Conditions (“Terms”) govern your use of the Zenday website at zenday.health and the web application, features and content available through it (together, the “Service”).

By creating an account, starting a subscription or otherwise using the Service, you confirm that you have read these Terms and agree to them. If you do not agree, please do not use the Service.

These Terms, together with our Privacy Policy, form the agreement between you and us. Nothing in these Terms limits any rights you have as a consumer that cannot be limited by law.

3. Who may use the Service

You may use the Service if you are at least 18 years old and legally able to enter into a binding contract. The Service is not intended for children, and we do not knowingly allow anyone under 18 to create an account.

The Service is intended for your personal, non-commercial use.

4. What the Service is — and what it is not

Zenday is a web-based wellbeing and symptom tracking service that lets you log daily entries about your health and see patterns and correlations in your own data over time.

Please read this section carefully:

• The Service is not a medical device and has not been evaluated or approved by any medical regulator.
• The Service does not provide medical advice, diagnosis or treatment, and it is not a substitute for consultation with a qualified healthcare professional.
• Any insights, correlations, patterns, scores or suggestions the Service produces are informational only. They are generated automatically from the data you enter and may be incomplete or wrong.
• Never delay seeking medical help, disregard professional advice, or start, stop or change any medication, treatment, diet or exercise programme because of something you read in the Service. Speak to your doctor first.
• If you believe you are having a medical emergency, stop using the Service and call your local emergency number immediately.

You are responsible for any decisions you make about your health.

5. Your account

You must provide accurate information when registering and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account. Please tell us promptly at support@zenday.health if you suspect unauthorised access.

You may not share, sell or transfer your account, or allow anyone else to use it.

6. Subscriptions, trials and billing

How subscriptions work.Access to Zenday’s paid features requires a subscription. The available plans, their prices, currencies and billing periods are shown on zenday.health at the time of purchase. Prices are displayed inclusive of VAT where VAT applies.

Where you buy.Subscriptions are sold directly by us through our website and processed by our third-party payment provider. We do not receive or store your full card details. Your use of the payment provider’s checkout is also subject to that provider’s own terms and privacy notice.

Automatic renewal. Subscriptions renew automatically at the end of each billing period for a further period of the same length, at the then-current price, until you cancel. By subscribing, you authorise us and our payment provider to charge your chosen payment method on each renewal date.

Cancelling renewal. You can cancel at any time in your account settings on zenday.health, or by emailing support@zenday.health. Cancelling stops future renewals and takes effect at the end of the current billing period — you keep access until then, and the period already paid for is not refunded except where these Terms or the law provide otherwise.

Failed payments. If a payment fails, we may retry it and may suspend or downgrade your access until payment is received.

Price changes. We may change subscription prices. We will notify you by email at least 30 days before a change affects you and explain how to cancel. If you do not cancel before the change takes effect, the new price applies from your next renewal.

7. Right of withdrawal and refunds

Your statutory right of withdrawal. As a consumer in the EU/EEA, you have 14 days from the conclusion of the contract to withdraw from a contract for digital services without giving a reason. To withdraw, send a clear statement to support@zenday.health before the 14 days expire.

Immediate access. Because Zenday is provided immediately after purchase, at checkout we ask you to expressly request that we begin providing the Service straight away and to acknowledge that you lose your right of withdrawal once the Service has been fully performed. If you withdraw after access has begun but before the paid period has ended, we may charge an amount proportionate to the part of the subscription period already provided.

Consumers outside the EU/EEA. If you are a consumer resident elsewhere, you may have equivalent cancellation or cooling-off rights under the law of your country of residence. We honour any such rights that apply to you and cannot be excluded by agreement. Where no statutory right applies, the voluntary approach set out below applies instead.

Voluntary refunds. Outside the withdrawal period, payments are non-refundable unless the law requires otherwise. That said, if something has gone wrong — you were charged twice, charged after cancelling, or the Service did not work as described — write to support@zenday.health and we will review it in good faith.

Faulty service. Nothing in this section affects your legal remedies if the Service is not supplied as described or does not meet the standard of quality required by law.

8. Acceptable use

You agree not to:

• use the Service for any unlawful, harmful or fraudulent purpose;
• copy, reproduce, resell or commercially exploit any part of the Service;
• reverse engineer, decompile or attempt to extract the source code of the Service, except where the law expressly permits it;
• scrape, crawl or use automated tools to access the Service, or extract data from it in bulk;
• interfere with the Service, bypass access restrictions or security features, or attempt to gain unauthorised access to our systems or to other users’ accounts;
• upload malware, or content that infringes the rights of others or is unlawful, defamatory or abusive;
• impersonate any person or misrepresent your affiliation with any person or organisation;
• use the Service to provide healthcare, diagnostic or clinical services to third parties.

We may suspend or terminate access if you breach this section.

9. Your data and content

Your content.You retain all rights in the information, entries, notes and files you put into the Service (“Your Content”). You grant us a limited, worldwide, royalty-free licence to host, store, copy, process and display Your Content solely in order to operate the Service for you, keep it secure and provide support. This licence ends when you delete Your Content or your account, except for copies held in backups for a limited period or where the law requires us to retain records.

Health data. Information you enter about your health is sensitive personal data (a special category of personal data under the GDPR). We process it only as described in our Privacy Policy and on the legal bases set out there, and we do not sell it.

Your responsibility. You are responsible for the accuracy of the information you enter. Please keep your own copies of anything important to you — we cannot guarantee that data will always be recoverable. You may request a copy of your data at any time by emailing support@zenday.health.

Aggregated data. We may create aggregated and anonymised statistics from use of the Service, in a form that cannot identify you, and use them to operate, improve and describe the Service.

Privacy. Our Privacy Policy at zenday.health/privacy explains what personal data we collect, why, how long we keep it, who we share it with and what rights you have under the GDPR.

10. Our intellectual property

The Service, including its software, design, text, graphics, logos and the Zenday name, is owned by us or our licensors and protected by intellectual property law. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal purposes in accordance with these Terms. No other rights are granted.

11. Third-party services

The Service may link to or integrate with third-party services and content. We do not control them, are not responsible for them, and their inclusion is not an endorsement. Your use of them is governed by their own terms and privacy policies.

12. Availability and changes to the Service

The Service is provided from Lithuania and is available internationally, except where its use would be unlawful. We may restrict or withdraw availability in particular countries.

We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation. Access may be interrupted by maintenance, updates, technical problems or events outside our reasonable control.

We may add, change, restrict or discontinue features. If we permanently discontinue a paid feature or the Service as a whole during a period you have already paid for, we will refund the unused part of your payment on a pro-rata basis.

13. Disclaimers

To the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will meet your requirements, that its output will be accurate or complete, or that it will achieve any particular health, wellbeing or other outcome.

This section does not exclude the statutory guarantees that apply to consumers under Lithuanian and EU law.

14. Our liability

We are liable to you for foreseeable loss and damage caused by our breach of these Terms, and for anything else where liability cannot be excluded or limited by law — including death or personal injury caused by our negligence, fraud, and intentional or grossly negligent conduct.

Subject to the above, and to the extent permitted by law:

• we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data not caused by us;
• we are not liable for any health outcome, decision or action taken by you or by anyone else on the basis of information obtained through the Service;
• our total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) EUR 100.

15. Suspension and termination

You may stop using the Service at any time. You can ask us to delete your account and the data in it by emailing support@zenday.health, and we will action your request without undue delay.

We may suspend or terminate your access, with notice where reasonably possible, if you materially breach these Terms, if your use creates a legal or security risk, or if we are required to do so by law. If we terminate your access without cause, we will refund the unused part of any prepaid period.

On termination, your licence to use the Service ends and we will delete or anonymise your data in accordance with our Privacy Policy.

16. Changes to these Terms

We may update these Terms, for example to reflect changes to the Service or to legal requirements. If a change materially affects your rights or obligations, we will notify you by email or in the Service at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms. If you do not accept them, you may cancel your subscription and stop using the Service, and we will refund the unused part of any prepaid period.

17. Governing law and disputes

These Terms are governed by the law of the Republic of Lithuania. If you are a consumer resident in another country, you also retain the protection of any mandatory consumer law of your country of residence that cannot be excluded by agreement, and where the law of that country so provides, you may bring proceedings in its courts.

If you have a complaint, please contact us first at support@zenday.health — we aim to reply within 5 working days and to resolve the matter informally. If we cannot, consumers in Lithuania may apply to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, www.vvtat.lt). Consumers in other EU/EEA countries may contact their national consumer protection authority or out-of-court dispute resolution body.

18. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force. Our failure to enforce a right is not a waiver of that right. You may not transfer your rights under these Terms without our consent; we may transfer ours to an affiliate or in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.

These Terms are drawn up in English. Any translation is provided for convenience only.

19. Contact

Norholm, MB
Girulių g. 10, LT-12112 Vilnius, Lithuania
Registration number 307698646 · VAT LT100020253510
Email: support@zenday.health · Phone: +370 676 88150