Last Updated: Apr 4, 2026

Terms and Conditions

Last updated: April 4, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and Smarter Day ( “Smarter Day,” “we,” “us,” or “our” ) governing your use of the Smarter Day applications, website at https://smarter.day, and related services (collectively, the “Service”). By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Summary The app works offline by default; if you sign in, your content can sync through our cloud. Optional, anonymous analytics and crash reporting can be controlled in the app (and are off by default in some regions). You own your content; we need a limited license to operate the Service. The Service is a productivity tool, not designed for critical/life-safety uses — you're responsible for maintaining backup systems for critical deadlines and decisions. You are solely responsible for using the Service legally and in compliance with all applicable laws; we take no responsibility for illegal or unlawful use. The Service is provided "as is" with limits on our liability. Some users (e.g., in the U.S.) agree to individual arbitration unless they opt out. See details below.

1. Who we are & how to contact us

Entity: Smarter Day

Email (general support): support@smarter.day

Email (legal notices): legal@smarter.day

2. Eligibility

You must be at least 13 years old (or older where required by local law — e.g., up to 16 in some EEA countries). By using the Service, you represent that you meet the applicable age requirement and have the legal capacity to enter into these Terms (or have parental/guardian consent where allowed).

3. Account & authentication

You may use the app offline without creating an account. To enable cloud sync and certain features, you can sign in via third-party authentication providers (e.g., Apple, Google) managed through our identity service. You are responsible for maintaining the security of your device and any login credentials, and for all activity under your account.

4. Subscriptions & billing

  • Free plan. Core features are available at no cost.

  • Paid subscriptions. We may offer premium subscriptions ("Paid Services") that auto-renew until canceled. We do not offer in-app purchases; only subscription plans are available.
  • App Store & Google Play. Subscriptions, renewals, refunds, and cancellations are handled by your app marketplace account. Please review your marketplace's policies. Cancel at least 24 hours before the end of the current period to avoid renewal. Access continues until the end of the paid term.
  • Subscription management. We use third-party subscription management services (e.g., RevenueCat) to verify and track your subscription status across devices. These services may generate anonymous identifiers to link your device with your subscription, but do not link to your personal identity.
  • Price changes. We may change prices or features upon notice, effective in your next billing cycle.
  • Taxes. Prices may exclude taxes; applicable taxes may be added at checkout by the marketplace.

5. License to use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the app for personal, non-commercial purposes, strictly in accordance with these Terms. You may not: reverse engineer, decompile, modify, circumvent security, or resell access to the Service.

6. Your content

  • Definition. “Content” means any data you input or generate in the Service (e.g., tasks, habits, events, notes, attachments, reactions).

  • Ownership. You retain ownership of your Content.
  • License to operate the Service. You grant us a limited license to host, process, transmit, encrypt, display, and back up your Content solely to provide the Service (including sync, collaboration, rendering, and customer support). This license ends when your Content is deleted from our systems, subject to reasonable backup cycles.
  • Sharing. If you share items or collaborate, the display of names/avatars between connected users follows your explicit sharing actions and current app settings. Revoking access ends future visibility.

7. Privacy

Your privacy is governed by our Privacy Policy. Highlights:

  • Offline mode. In offline mode, your Content stays on your device.
  • Optional, anonymous analytics & crash reports. Where available, you can control these in the app settings. In certain regions (e.g., EEA/UK), optional analytics/crash reporting may be off by default and enabled only after you choose to turn them on.
  • Subscription tracking. Third-party subscription management services generate anonymous identifiers to verify your subscription status across devices. These identifiers are not linked to your personal identity.
  • No cross-app tracking/IDFA usage. We do not use the device's advertising identifier for tracking.
  • Data rights. We support "Delete my account" and "Get my data" requests as described in the Privacy Policy. The Terms and the Privacy Policy are complementary. If they conflict, the Privacy Policy governs privacy matters.

8. Acceptable use & user responsibility

You agree not to: (a) violate any law or third-party rights; (b) upload illegal, exploitative, hateful, or infringing material; (c) introduce malware, attempt unauthorized access, or interfere with the Service; (d) harvest or collect other users' data without lawful basis; (e) use the Service for medical, legal, or financial advice, or to store highly sensitive data (e.g., health/biometric data) outside the app's intended scope; (f) perform automated scraping or bulk access without our written permission; (g) use the Service to plan, coordinate, or facilitate any illegal activity, including but not limited to fraud, money laundering, terrorism, trafficking, harassment, stalking, or any criminal conduct.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR ENSURING YOUR USE COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, AND THIRD-PARTY RIGHTS IN YOUR JURISDICTION. We do not monitor, endorse, or take responsibility for how you use the Service or what Content you create, store, or share. We expressly disclaim any liability arising from your illegal, unlawful, or improper use of the Service.

8.1 No critical or life-safety use

THE SERVICE IS NOT DESIGNED OR INTENDED FOR USE IN ANY SITUATION WHERE FAILURE OR ERRORS COULD LEAD TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PROPERTY OR ENVIRONMENTAL DAMAGE ("CRITICAL USES"). Critical Uses include, but are not limited to: life support systems, emergency response, medical treatment, nuclear facilities, aircraft navigation or control, or any application where human life or safety depends on the proper functioning of the Service. YOU EXPRESSLY AGREE NOT TO USE THE SERVICE FOR CRITICAL USES, AND YOU ASSUME ALL RISK AND LIABILITY ARISING FROM ANY SUCH USE.

The Service is a productivity and planning tool intended to help organize tasks, habits, events, and notes. You are solely responsible for:

  • verifying the accuracy and completeness of your Content;
  • maintaining independent systems for time-sensitive, business-critical, or safety-critical reminders and deadlines;
  • ensuring you have backup systems for critical information;
  • any decisions you make based on the Service's features, reminders, AI suggestions, or other outputs.

9. AI-assisted features

The Service may include optional AI-assisted features, such as icon suggestions, prioritization, and recommendations. If you enable AI Icon Suggestions, we may send your task title or similar user-provided text to our server and share it with a third-party AI provider (such as OpenAI) solely to generate icon suggestions for that item. This feature is optional, is activated only after your explicit choice, and can be turned off at any time in Settings → Privacy & Data.

AI output may be inaccurate and is provided for informational and assistive purposes only. You remain responsible for reviewing, selecting, and verifying any AI-generated output. Third-party AI providers may process inputs and outputs as further described in the Privacy Policy.

10. Third-party services & dependencies

The Service relies on infrastructure and vendor services (e.g., authentication, analytics, crash monitoring, hosting, subscription management). Examples include RevenueCat for subscription management and verification. We aim to choose reputable providers and document processing practices in the Privacy Policy. We are not responsible for third-party terms or outages outside our reasonable control.

11. Changes to the Service

We may modify, suspend, or discontinue any part of the Service (including features, plans, or limits) at any time, with or without notice, where law allows. We strive for high availability but do not guarantee uninterrupted or error-free operation. You should maintain your own backups of important Content.

12. Intellectual property

The Service, including its software, design, branding, trademarks, logos, and all proprietary content (excluding your Content), is owned by Smarter Day and protected by copyright, trademark, and other intellectual property laws. "Smarter Day," the Smarter Day logo, and related marks are trademarks of Smarter Day. You may not use our trademarks, logos, or branding without our prior written permission.

13. Feedback

If you provide feedback, ideas, or suggestions ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use the Feedback for any purpose without obligation to you.

14. Beta & experimental features

We may offer early access or experimental features (“Beta”). Beta features are provided as is, may be unstable, and can be changed or discontinued at any time.

15. Termination

You may stop using the Service at any time. We may suspend or terminate access immediately, without notice, if: (i) you materially breach these Terms; (ii) we are required to do so by law; (iii) your use poses a risk to security, infrastructure, or other users; or (iv) we suspect or become aware of illegal, unlawful, or unauthorized use of the Service. Upon termination, we will delete or anonymize personal data per our Privacy Policy and backup schedules, except as required for legal or regulatory compliance.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

YOU ACKNOWLEDGE AND AGREE THAT:

  • Reminders, notifications, and alerts may fail to deliver or may be delayed;
  • Data sync may fail, be delayed, or result in conflicts or data loss;
  • AI-generated suggestions, priorities, and recommendations may be inaccurate or inappropriate;
  • The Service may experience downtime, bugs, or data loss at any time;
  • YOU SHOULD NOT RELY ON THE SERVICE AS YOUR SOLE SYSTEM FOR CRITICAL DEADLINES, COMMITMENTS, OR DECISIONS.

You assume full responsibility for establishing independent backup systems and verification procedures for any important, time-sensitive, or business-critical information.

WE DO NOT ENDORSE, MONITOR, OR CONTROL HOW YOU USE THE SERVICE. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR:

  • Any illegal, unlawful, or unauthorized use of the Service by you or anyone using your account;
  • Any violation of laws, regulations, or third-party rights arising from your use of the Service or your Content;
  • The legality, accuracy, appropriateness, or lawfulness of any Content you create, upload, store, or share;
  • Any consequences arising from your compliance or non-compliance with applicable laws in your jurisdiction.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE LEGALITY OF YOUR USE OF THE SERVICE IN YOUR JURISDICTION AND FOR ALL LEGAL CONSEQUENCES OF YOUR ACTIONS.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMARTER DAY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, OR GOODWILL; OR SERVICE INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM:

  • Missed reminders, failed notifications, data sync errors, data loss, or your reliance on the Service for critical decisions or deadlines;
  • Your illegal, unlawful, or unauthorized use of the Service;
  • Any violation of laws, regulations, or third-party rights by you;
  • Any criminal, civil, or administrative proceedings, fines, penalties, or sanctions arising from your use of the Service.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF USD $50 OR THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIMS ARISING FROM:

  • Your use of the Service for Critical Uses as defined in Section 8.1, which use is expressly prohibited;
  • Your illegal, unlawful, or improper use of the Service or violation of these Terms or applicable law.

NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Smarter Day and its affiliates, officers, employees, and partners from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • your Content;
  • your use or misuse of the Service;
  • your breach of these Terms or applicable law;
  • your illegal, unlawful, unauthorized, or improper use of the Service;
  • any violation of laws, regulations, or third-party rights arising from your use of the Service or your Content;
  • any criminal, civil, or administrative investigations, proceedings, claims, fines, penalties, or sanctions related to your use of the Service;
  • your use of the Service for any Critical Uses as defined in Section 8.1; or
  • your reliance on the Service for critical deadlines, decisions, or commitments.

This indemnification obligation survives termination of these Terms and your use of the Service.

19. App marketplace terms

Apple App Store. You acknowledge that Apple is not a party to these Terms and has no responsibility for the app or its content. Support is provided by Smarter Day. Apple and its affiliates are third-party beneficiaries of these Terms and may enforce them.

  • Google Play. Similar third-party-beneficiary terms apply to Google and Google Play.

20. Export controls & sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to embargoes or sanctions. You agree to comply with applicable export control and sanctions laws.

21. Dispute resolution & governing law

21.1 Informal resolution

Before filing any claim, the parties will attempt in good faith to resolve the dispute within 30 days after written notice to legal@smarter.day.

21.2 U.S. residents — binding arbitration & class-action waiver

If you reside in the United States, you and Smarter Day agree to resolve any dispute through individual, binding arbitration, administered by AAA or JAMS under their rules. Class actions and class arbitrations are not permitted. Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or misuse of the Service pending arbitration.

Opt-out. You may opt out of arbitration and the class-action waiver by emailing legal@smarter.day within 30 days of first accepting these Terms, stating your name, the email associated with your account, and your intent to opt out. If you opt out, or if arbitration is found unenforceable, disputes will be resolved in the courts specified in Section 21.4.

21.3 EEA/UK residents — mandatory consumer protections

Nothing in these Terms deprives you of the mandatory consumer protections and jurisdictional rights granted by the laws of your country of residence. Where required, you may bring claims in the courts of your country of residence.

21.4 Governing law & venue (default)

Except as provided in Section 21.3, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Subject to the arbitration requirement in Section 21.2, the exclusive venue for disputes will be the state or federal courts located in Delaware, USA, and the parties consent to personal jurisdiction there.

22. Changes to these Terms

We may update these Terms from time to time. Material changes will take effect 30 days after we post the updated Terms or notify you (e.g., in-app notice or email if available). Your continued use after the effective date constitutes acceptance.

23. Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, acts of government, war, terrorism, labor disputes, internet or hosting failures, power outages, or DDoS attacks).

24. Entire agreement; severability; no waiver; assignment; third-party rights

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Smarter Day. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Certain marketplace providers (e.g., Apple, Google) are intended third-party beneficiaries of Section 19.

25. Notices

We may provide notices via the app, email, or postings on our site. Legal notices should be sent to legal@smarter.day.

Appendix A — Account deletion & data export

  • Delete my account. You may request deletion from within the app or by contacting privacy@smarter.day. We will delete or anonymize your personal data within a reasonable period, subject to technical limitations and lawful retention obligations (e.g., fraud prevention, backups).

  • Get my data. You may request an export of your data from within the app or by contacting privacy@smarter.day. We will provide it in a commonly used format within a reasonable timeframe.

Appendix B — Regional consent handling (high level)

Optional analytics and crash reporting are configurable in the app. In certain regions (e.g., EEA/UK), these options may be off by default and only activate after your explicit choice in settings. Your access to core functionality is not conditioned on granting such optional permissions.

By installing, accessing, or using the Service, you acknowledge that you have read and agree to these Terms.