Terms of Service
This TodayIsTheDay Terms of service agreement (the “Agreement“) governs the contractual relationship between E621 UAB as a service provider and any natural person as a service user.
1. General provisions and definitions
1.1 E621 UAB is a legal entity, incorporated in the Republic of Lithuania, legal entity code 306152231, address V. Nageviciaus str. 3, LT-08237, Vilnius, Lithuania (the “Company”). The Company is acting as a service provider under the Agreement.
1.2 Any person using Company’s services / systems as indicated in this Agreement is considered to be a client of the Company under this Agreement (the “Client” / “You”).
1.2.1 The Company offers services only for natural persons of legal age.
1.2.2 You, as a natural person, as well as a user of the Company‘s services, shall be responsible for making sure You are applicable to use the Company‘s services.
1.3 The Company provides tailored programs, aimed at improving mental and emotional health alongside with the productivity system and tools like online lessons and tips, exercises and short articles on relevant topics, designed to help You reach Your personal improvement goals (the “Services”). The Services can be reached and used via Progressive Web App (the “PWA”). PWA, its designated website https://todayistheday.app/ (the “Website”) and any other system / online ecosystem used by the Company to provide You Services shall collectively be referred to as the “System”.
1.3.1 Full list of the Services is indicated on the System. The Services consist of digital content that is not supplied on a tangible medium.
1.3.2 To see the tailored proposal for the Services and to conclude Your order for Services You shall:
1.3.2.1 Visit the Website and conclude a short survey about Your lifestyle habits and desired goals (the „Survey“).
1.3.2.1.1 The Survey consists of general questions with possible typical answer options. You shall choose answer options that are most likely to correspond to Your opinion.
1.3.2.1.2 The Survey is created with a goal for the Company to tailor its offer to You, including – to propose a fee plan applicable to Your future order.
1.3.2.1.3 The Survey is created for primary information purposes only and Your answers are not stored or otherwise linked to Your person / Account.
1.3.2.2 Once the Survey is completed, You will be provided with an option to see Your results.
1.3.2.2.1 To see the results of the Survey You will have to provide Your email address. This email address will be used by the Company to communicate with You regarding Your orders/use of the Services or System.
1.3.2.2.2 Neither the Survey nor its results, should be considered as a medical or other scientific test and / or finding or diagnosis. These features are intended solely for entertainment purposes and are designed to help the Company provide more tailored offers / services to its users.
1.3.2.2.3 The Company shall not be held responsible for any damage resulting from completion or assessment of the Survey. The Client acknowledges that these tools are for entertainment only and a different result can be obtained in using different approaches.
1.3.2.3 The tailored program will become accessible to You once you choose the option to claim Your program (by clicking „Claim My Program“ or similar option on the System) and the payment for chosen subscription plan is made by You using payment methods available on the Website.
1.3.2.3.1 The price applicable to You as the client is shown on the System and includes the following information: a) regular price; b) price with a discount applicable during the discount period (if any); c) general information about the subscription model applicable to Your order. The Company shall have a right to provide additional information and change its placement.
1.3.2.3.2 You must read all disclaimers and information provided regarding the price, payment method and subscription model, including the Subscription and Refund Policy https://todayistheday.app/subscription-and-refund-policy, also, consider the proposed price before making the order and paying for the Services.
1.3.2.3.3 By making the payment for the Services You conclude this Agreement.
1.3.2.3.4 Once You pay for the selected subscription plan, You will be presented with Your tailored program and will be enabled to use the Services using PWA after completing Account creation procedure (Clause 2 of this Agreement).
1.3.3 The list of actions in Clause 1.3.2. of this Agreement may change based on the way You reach the System (via internet search, using promo link, etc.). However, in all cases You shall be asked to conclude a Survey, provide Your email address and confirm Your order by making a payment.
1.3.4 The Company shall have a right to change the content of Surveys and list of Services from time to time, without any prior notification to the Client.
1.3.5 The Client shall be entitled to use the particular part of the Services for which the Client has paid in full, only for the paid period.
1.3.6 Company’s Services and System are available globally with possible restrictions in some areas due to regulatory restrictions. The Client shall be obligated to make sure it is legal to access System / use the Services in Client’s location.
1.4 By making the payment as indicated in the Clause 1.3.2.3.1. and further using the Services in any scope You are agreeing with the Agreement and any other rules governing Services / System. For the avoidance of doubt, by using Services / System, You acknowledge reading the Agreement and understanding that You have entered into a legally binding agreement between You, as a user, and the Company, as a service provider.
1.5 This Agreement takes effect at its full scope at the moment You click “Claim my program” (or similar option that is available on the System to claim the program) and make the payment for the selected subscription plan on the System. The rules of this Agreement mutatis mutandis are applicable to the purchase of any separate (one time) services or products, as well as to the use of System prior to making the payment for the Services / without signing up to the System / creating the Account, including but not limited to, the rules set forth in Privacy Policy, Subscription and Refund Policy and Acceptable use policy.
1.6 By concluding the Agreement, You agree to waive Your right of withdrawal because the Services (or any products purchased) consists of digital content that is not supplied on a tangible medium.
1.7 You can contact the Company by filling a question box on the Website in the “Contact us” section, as well as by sending an email to hello@todayistheday.app, or by sending us an inquiry to the address indicated in the Clause 1.1. of this Agreement. For the matters regarding this Agreement, we recommend contacting the Company via email, by sending your inquiry to hello@todayistheday.app.
1.8 The Company shall have the right to unilaterally modify and / or update the Agreement at any time without notice. The continuous use of the Services by the Client shall be deemed as acceptance of Agreement in the last and most updated version. Any Client shall periodically check and assess the Agreement. About any changes You will be notified via email or a notification on PWA. The latest version of Agreement shall be available at https://todayistheday.app/terms-of-service
1.9 By Agreeing to this Agreement, You acknowledge and agree that the Company may process Your personal data without Your consent where processing is necessary for the performance of the Agreement to which You are a party.
1.10 If You disagree to be bound by the terms and conditions of this Agreement in any scope or way, You must not use or must immediately cease Your use of the System / Services or any part of it, as well as its features and functionalities.
2. Creating an account
2.1 If You wish to use the Services, You must follow the instructions provided by the Company and register to the System by filling the registry form and providing necessary information / confirmations. The instructions on how to install PWA and create an Account shall be provided to you once you make the payment for the Services, also – via email alongside order confirmation. Once all steps are fulfilled, You will be able to use Your user’s account (the “Account”).
2.2 To use the Services, You may save the TodayIsTheDay PWA on Your device home screen as indicated in the instructions or reach the System using internet browser.
2.3 Upon using the System, the Client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used by the Company for the provision of the Services and proper usage of the System. The latest version of Privacy Policy, containing cookies’ policy, is available at https://todayistheday.app/privacy-policy
2.4 Upon filling the registration form, the Client must provide:
2.4.1 Name.
2.4.2 Unique password, created by the Client.
2.4.3 A confirmation that the Client agrees to the Agreement and other applicable policies of the Company.
2.5 It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services / System (if any).
2.6 The Client might be asked to perform a test to tell computers and humans apart and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order / payment / withdrawal or at any other stage at the discretion of the Company.
2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.
2.8 The Client must provide its payment details to conclude the order for Services.
2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company’s decision.
2.10 By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner / has legitimate ground for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own email address, using its own bank account to pay for the Services, and using its own device for the PWA, etc.
2.11 Accounts can be created only for personal use. The Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for own use and cannot be used to use Services behalf of another individual or entity.
2.12 The Client shall always keep Account and payment data up-to-date. The Client may amend its data at any time using PWA.
3. Suspension of the provision of Services and removing the access to the Account
3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. The Company reserves the right to suspend any provision of the Services (in part or in full) and / or to remove access to the Account at any time upon the decision of the Company.
3.2 In addition to the Clause 3.1., the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:
3.2.1 The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.
3.2.2 The Client is not of a legal age.
3.2.3 The Client is using Services / reaching the System from the restricted location.
3.2.4 The Client violates Acceptable Use Policy rules. The latest version of Acceptable Use Policy is available at https://todayistheday.app/acceptable-use-policy
3.2.5 The Client’s actions in any way pose security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.
3.2.6 The Client’s actions are in any way in a breach of any applicable law or regulation, including generally accepted rules of good morals.
3.3 In case the Client’s right to access the System or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension.
3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.
3.5 In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the company shall have the right to address competent law enforcement authorities and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company.
4. License to access and use the System
4.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered / paid for by the Client.
4.2 The System is intended for personal and Your own legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws.
4.3 The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.
4.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client’s license to use the System shall be automatically suspended.
4.5 Unless otherwise stated, the Company owns the intellectual property rights in the System and material on the System. The Client acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and / or developed by the Company in connection with the System are the sole and exclusive property of the Company.
4.6 The Client obliges not to violate any intellectual property rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company’s logo and trademarks. The Client shall not:
4.6.1 Republish material from the System unless it is separately allowed by the Company.
4.6.2 Sell, rent or sub-license material from the System unless it is separately allowed by the Company.
4.6.3 Show any material from the System in public.
4.6.4 Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.
4.6.5 Redistribute material from the System.
4.6.6 Edit or otherwise modify any material on the System.
4.6.7 Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.
4.6.8 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.
5. Risks
5.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
5.1.1 Risk related to the nature of the Services and content type:
5.1.1.1 The Services includes lessons, articles, tips, and other tools designed to help users reach their personal goals related to emotional and mental health, as well as personal development like minimizing procrastination habits. All content within the System is created for entertainment purposes and should be regarded as such. The Client must be aware that the content may cover topics related to mental health, emotional aid, and medical conditions.
5.1.1.2 The information presented within the System may be derived from various sources, including but not limited to medical journals, research publications, articles, pop-culture content, and books, some of which were not originally created by the Company. Consequently, the accuracy, reliability, and validity of the information are not guaranteed by the Company.
5.1.1.3 Due to the evolving nature of science, research, and varying professional approaches, the content within the System may be subject to conflicting opinions. Clients are encouraged to approach the information critically and consult multiple sources or experts when needed.
5.1.1.4 The Client must understand that the content provided in the System is not intended to serve as medical advice. It is crucial for users to consider the source of the information and to verify its accuracy with a qualified professional, such as a medical doctor, before making any changes that could affect their lifestyle, medical condition, or any other significant aspect of their life.
5.1.1.5 Additionally, the Client should be aware that some content may be triggering or distressing, especially if You are sensitive to discussions about mental health issues, emotional struggles, or specific medical conditions. If You find any information provided in the System to be triggering or upsetting in any way, such as discussions about anxiety, depression, ADHD, or personal failures, we strongly advise that You discontinue using the Services / System immediately and seek support from a professional.
5.1.1.6 By using the Services / System, you agree to bear full responsibility for any actions taken based on the information provided and acknowledge the importance of consulting with a professional if you have any concerns or questions about your health or well-being. The Company disclaims any liability for any adverse effects resulting from the use of the content provided within the System.
5.1.2 Risk of software or other IT weaknesses: there is no guarantee or warranty that the process of using System and / or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.
5.1.3 Regulatory risk: it is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as usage of the System and / or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the System / Services is in compliance with the applicable law.
5.1.4 Risk of theft and Internet vulnerability: the underlying software application and software platform, other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use System and / or Services.
5.2 You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages that claim to be from the Company. You should always log into Your Account via Website/PWA on Your device, use communication tools in the System or contact us via email by sending an inquiry to the address hello@todayistheday.app if You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.
6. Payments and refunds
6.1 Services may be available for a fee or for free (for example, on a free-trial basis for a limited period of time). The Company shall have a right unilaterally, on its own discretion, to determine the price of Services, the duration of the validity of the price, the applicable promotions and discounts, and other rules related to the payment of the Services.
6.2 The latest and up-to-date list of applicable prices for the Services is available on the System after the Client clicks on the option “Claim my program” (or similar option that is available on the System to claim the program). If an existing Client wishes to upgrade or change the current plan, the Client shall contact us via email hello@todayistheday.app with a request to change the order (or order an upgrade during the same session when the program is initially claimed). The Client may be asked to conclude a new order and may be reimbursed for a previous order’s unused but paid off Service part.
6.3 All prices and fees are in US Dollars unless otherwise indicated on the System.
6.4 The prices and the scopes of any Services can be changed by the Company without any prior notice. The Client shall always check the System for applicable prices and features for every Service before making an order. The price of already ordered and ongoing Service shall only be changed with Client’s consent.
6.5 If You are using Services on a free-trial basis, after the expiry of such trial, Your right to use the Services may be suspended until You make a payment for further provision of the Service or You may be charged a regular price that was indicated to You before accepting free-trial promotional offer.
6.6 Most of our Services are offered on a subscription basis (recurring payments). The subscription price for the chosen Services is based on a subscription plan selected by the Client. This means You will be charged Service price once every service provision period and Your right to use the Services will be renewed for the paid period unless You cancel the subscription beforehand as per the rules indicated in the Subscription and Refund Policy https://todayistheday.app/subscription-and-refund-policy
6.6.1 You must read the Subscription and Refund Policy in full before making the decision to order Services. The latest version of the Subscription and Refund Policy is available at https://todayistheday.app/subscription-and-refund-policy
6.6.2 Subscription price is the price You chose from provided subscription plan options while completing the order and it might be composed of discount price (applicable for a limited time period, referred to as the “Initial Phase” in the Subscription and Refund Policy) and regular price (applicable for the period after the discount price is no longer applicable, referred to as the “Regular Phase” in the Subscription and Refund Policy).
6.6.3 If not canceled, subscription price for the Services will be charged for every further period.
6.6.4 In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective order.
6.6.5 The Client must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the subscription payment option.
6.6.5.1 In case the Company is not able to charge the fee until the start of a next Service provision period, Client’s access to the Services shall be removed immediately. In such a case, to reinstate access to Services the Client may resolve the issue so the charge can be done within 2 months for the Service provision; after the 2 month period the Client must make a new order to gain access to the Services.
6.6.5.2 Failure to pay (in full or in any part) for the ordered Services is considered to be a material breach of the Agreement and results in a termination of the Agreement. The Agreement shall be terminated by the Company in case the payment is not concluded in 2 months from the day it initially had to be made.
6.6.5.3 In the event of a payment failure due to reasons on the Client's side (such as an expired credit card or insufficient balance), the Company may attempt to automatically reprocess the payment (but not more than 6 times in a 2 month period). By using the Services, You acknowledge and agree to the Company's right to initiate such automated retries to ensure uninterrupted service.
6.7 Some services or products (like educational material, guides, etc.) we offer on a one-time payment fee basis. Such payments must be done by following the instructions provided to you in the service offer and order confirmation. The rules for the subscription model mutatis mutandis are applicable to one-time payments in the scope not covered in the service offer / material provided during the order processing procedure.
6.8 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency is indicated in the System and confirmed by the Client when confirming an order.
6.9 Any fees already paid are non-cancelable and non-refundable, except for Services that meet the conditions set forth in the Clause 4 of the Subscription and Refund Policy https://todayistheday.app/subscription-and-refund-policy
6.10 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
6.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement. The Client shall update its payment information to always keep it up-to-date.
6.12 The Company uses a third party payment agent – RL Greenway LLC, company file number 7583389, with a registered address at 8 The Green, Dover city, Kent County, state of Delaware, ZIP code: 19901, United States of America, to manage Your payments. For any questions, inquiries or complaints regarding Your payments and refunds, please contact payment agent RL Greenway LLC via email payments@todayistheday.app
6.13 All monetary transfers conducted by You for the Services are handled and transacted through third-party dedicated gateways to ensure the Client’s protection.
6.13.1 Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
6.13.2 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client’s credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information (like card information) will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.
6.13.3 The Company may change the third-party payment service provider from time to time.
6.14 Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing no later than 30 days after the date of application of the fee or the charging of the amount.
7. Third party and other disclaimers
7.1 The Company at its own discretion may use or provide access to third parties to provide services like payment processing, register users, etc. The Client acknowledges accepting and understanding that in order to ensure proper use of System and provision of Services, Client‘s data may be disclosed to such third-party service providers.
7.2 The use of third-party services are subject to the third-party’s terms of service. The Client acknowledges accepting and understanding that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.
7.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
7.4 Information on the System, including the FAQ section of the System which can be reached on https://todayistheday.app/main/a/faq, as well as any content on Company’s social media pages is not promised or guaranteed to be correct, current, or complete, and they may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.
8. Indemnification
8.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) Client’s failure to comply with Client’s obligations under any and all laws, rules or regulations applicable to Client under this Agreement, except to the extent such violation arises out of Company’s failure to comply with Company’s obligations hereunder.
8.2 The Client may from time to time provide suggestions (feedback) or own content (for example, during some lessons the Client may choose to provide a written answer or comment) to the Company. All suggestions / own content are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions / own content, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions / own content provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. For the avoidance of doubt, the Client agrees that the Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and / or System) any suggestions, enhancement requests, recommendations or other feedback, as well as Your own content (like Your answers to the questions, comments while using the Services, Your evaluations provided via email, etc.) provided by You, relating to the operation of the Services / System. The Company urges You not to share information that is highly personal or that You wish to keep confidential, and to always evaluate it beforehand.
8.3 The System and the Services are provided “as is” and You use the System and / or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System / Services, and that any statements whatsoever made by the Company to the Client outside of this Agreement are not material and have not relied upon by the Client.
8.4 You, as a Client, shall be solely responsible of making sure You are able to use Services and access System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access System and / or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice by contacting the Company via email by sending an email to hello@todayistheday.app. In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regard to the compatibility.
9. Termination of the Agreement
9.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company’s policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds / rewards.
9.2 You may terminate this Agreement by canceling Your order (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid period.
9.3 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.
9.4 If You wish to Terminate the Agreement, You can take the following steps:
9.4.1 Client who ordered the Services on the Company’s website may cancel the Services by logging into their Account on the Website or contacting the support team by email or option “Contact us” on the website.
9.4.2 Clients who ordered the Services through the Apple App Store or Google Play, as well as PayPal may cancel the Services through the respective mean they used to order the Services or may contact the support team by email or option “Contact us” on the website to ask for assistance in cancelling the Services.
9.5 Deleting the application (PWA) from Your device does not cancel the subscription or terminate the Agreement.
10. Governing Law and sanctions
10.1 The laws of the Republic of Lithuania (excluding its conflicts of law principles) shall govern this Agreement and Your use of the Services. Your use of the System may also be a subject to other local state, national or international laws.
10.2 If You have any concern or dispute about the Services / System, You agree to first try to resolve the dispute informally by contacting the Company by sending an email to hello@todayistheday.app
10.3 If You are not satisfied with the result of the informal dispute resolution, You can submit a claim to the State Consumer Rights Protection Authority (Vilniaus st. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. +370 5 262 67 51, fax (+3705) 279 1466, on the website www.vvtat.lt), or to fill out the application form on the Online Dispute Resolution platform https://ec.europa.eu/odr.
10.4 To the maximum extent permitted by law, each of the parties submits to the exclusive jurisdiction to the courts of Lithuania to settle any further disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts. To the maximum extent permitted by law, the parties irrevocably submit to the personal jurisdiction and venue of the courts of Lithuania and waive any defenses of improper venue.
10.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties‘ claims shall be combined or consolidated only with the written consent of all affected parties.
10.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.
10.7 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.
10.7.1 By using the System / Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions List”).
10.7.2 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services / System. Failure to do so can result in Your Account being suspended or terminated.
10.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its System / Services not available from such locations.
10.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
11. Miscellaneous
11.1 The Company and the Client consent to the English language in relation to the communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.
11.2 Any updates of this Agreement come in force at the moment it is published at the System as indicated in the Clause 1. By using the Services You agree to be bound by any updated version of the Agreement.
11.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.
11.4 You are encouraged to contact us by the means indicated in this Agreement. Sending an email to hello@todayistheday.app shall be considered to be the primary mean of communication.
11.5 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).
