These Terms of Use (the “Terms”) are a binding legal agreement between you and Daily Ascend LLC (“Daily Ascend,” “we,” “us,” or “our”) governing your access to and use of the Daily Ascend mobile application, websites, and related services (collectively, the “Service”). By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
These Terms contain a binding arbitration agreement and a class-action waiver (Section 18) that affect your legal rights. Please read them carefully.
1 · Acceptance, eligibility, and authority
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization. You are responsible for compliance with all laws applicable to your use.
2 · The Service
Daily Ascend delivers one short lesson per day on subjects such as strategy, negotiation, capital, and business, followed by a brief check and an optional, time-limited community discussion. The Service is intentionally ephemeral and may change, and we may add, modify, suspend, or discontinue any feature at any time without liability.
3 · Educational purpose only — NOT professional advice
ALL CONTENT IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. It is not, and must not be relied upon as, investment, financial, legal, accounting, tax, medical, or other professional advice, and it is not a recommendation, solicitation, or offer to buy, sell, or hold any security or to enter into any transaction or strategy. We are not a broker-dealer, investment adviser, or fiduciary, and no advisory relationship is created. You are solely responsible for evaluating, and bear all risks of, any decision or action you take. Consult a qualified professional before acting. Past performance and illustrative examples do not guarantee future results.
4 · No guarantee of outcomes
We do not promise any particular learning, financial, career, or other outcome. Results depend on factors beyond our control, including your own effort and circumstances.
5 · Accounts and security
You are responsible for activity that occurs through your access, for maintaining the confidentiality of any device or credentials, and for promptly notifying us of any unauthorized use. We are not liable for losses arising from your failure to safeguard your access.
6 · Subscriptions, free trial, founding price, and billing
Daily Ascend offers an auto-renewable annual subscription. Your first lesson is free; continued access requires a subscription, which begins with a 7-day free trial. The founding price is $99 per year. The first 10,000 members keep the $99 price for life; for members who join afterward, the price is $199 per year. Payment is charged to your Apple Account at confirmation of purchase. Your subscription renews automatically for successive one-year terms unless you cancel at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the period ends. Manage or cancel your subscription in your Apple Account settings; deleting the app does not cancel a subscription.
7 · Cancellation and refunds
You may cancel at any time, effective at the end of the current billing period; you retain access until then. All purchases are processed by Apple and are generally final and non-refundable except as required by law or Apple’s policies, which govern refund requests. Where you have a statutory right of withdrawal (for example, in the EU/UK), you expressly request that the Service begin during any withdrawal period and acknowledge that, once digital content/services have been supplied, you may lose that right to the extent permitted by law.
8 · Price changes
We may change prices for new members or future terms. We will not increase the price for members entitled to the founding price. Any change to your renewal price will be disclosed and applied only with the required notice and consent through Apple.
9 · Apple-specific terms
These Terms are between you and Daily Ascend LLC only, and not with Apple Inc. Apple is not responsible for the Service or its content and has no obligation to furnish any maintenance or support. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the Service, including product-liability, legal-or-regulatory-compliance, or intellectual-property claims. You must comply with applicable third-party terms and represent that you are not located in an embargoed country or on a prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
10 · Licence
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal, non-commercial learning. All rights not expressly granted are reserved.
11 · Acceptable use
You agree not to: (a) copy, scrape, reproduce, resell, or redistribute any content; (b) reverse engineer, decompile, or attempt to extract source code; (c) circumvent access, security, or usage limits; (d) use the Service to develop a competing product or to train machine-learning models; (e) upload unlawful, infringing, harassing, hateful, deceptive, or otherwise objectionable content; (f) interfere with or disrupt the Service; or (g) use the Service in violation of any law. We may investigate and take any action we deem appropriate for violations.
12 · User content and community
You retain ownership of content you submit (“User Content”) but grant Daily Ascend LLC a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable licence to host, store, reproduce, modify, display, distribute, and otherwise use your User Content to operate, improve, and promote the Service. You represent that you have all rights necessary to grant this licence and that your User Content does not violate any law or third-party right. You can report content and block other members in the app. We have no obligation to monitor but may remove any content and suspend or terminate access at our discretion, with zero tolerance for objectionable content.
13 · AI-assisted content and community facilitation
Lessons are drafted with the assistance of artificial intelligence and reviewed by our team before publication; despite review, content may contain errors or omissions (see Section 3). Some early community activity may be facilitated by accounts we manage to keep discussions useful as the community grows; where required, these are labelled.
14 · Intellectual property
The Service and all related content, software, design, text, graphics, and the “Daily Ascend” name and marks are owned by Daily Ascend LLC or its licensors and are protected by intellectual-property and other laws. If you send us feedback or suggestions, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation to you.
15 · Copyright complaints (DMCA)
We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. §512(c)(3) to hello@dailyascend.app. We may remove allegedly infringing material and terminate repeat infringers.
16 · Third-party services and links
The Service may reference or link to third-party services we do not control. We are not responsible for, and disclaim all liability arising from, third-party services, content, or terms. Your dealings with third parties are solely between you and them.
17 · Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT CONTENT IS ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.
18 · Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Daily Ascend LLC, ITS OWNER, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS ARE A FUNDAMENTAL BASIS OF THE BARGAIN.
19 · Indemnification
You agree to defend, indemnify, and hold harmless Daily Ascend LLC and its owner, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, or your breach of these Terms or any law or third-party right.
20 · Dispute resolution; binding arbitration; class-action waiver
Please read this Section carefully. First, you agree to try to resolve any dispute informally by contacting hello@dailyascend.app and allowing 30 days to resolve it. If unresolved, you and Daily Ascend LLC agree that any dispute arising out of or relating to the Service or these Terms will be resolved by FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in New York County, New York, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property misuse. YOU AND Daily Ascend LLC WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@dailyascend.app with your name and a statement that you opt out. Any claim must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
21 · Governing law and venue
These Terms are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 20, the exclusive venue for any permitted court action is the state and federal courts located in New York County, New York, and you consent to their personal jurisdiction.
22 · Termination
We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms. Upon termination, your licence ends and Sections that by their nature should survive (including 3, 12, 14, 17–21, and 23) survive.
23 · Miscellaneous
These Terms, with the Privacy Policy, are the entire agreement between you and us and supersede prior agreements. If any provision is unenforceable, the rest remains in effect and the provision is enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure). You consent to receive communications and notices electronically. You may not use or export the Service in violation of U.S. export laws or sanctions. Headings are for convenience only.
24 · Changes to these Terms
We may update these Terms. If we make material changes, we will provide notice in the app or by other reasonable means and update the effective date above. Your continued use after changes take effect constitutes acceptance.
25 · Contact
Daily Ascend LLC
575 Lexington Avenue, New York, NY 10022
hello@dailyascend.app