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Terms of Use

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Agreement to Terms

Welcome to Ghogxireax. These Terms of Use constitute a legally binding agreement between you and DailySynca, operating through ghogxireax.world, concerning your access to and use of our website, wellness programs, rhythm plans, and related services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these terms, you must not access or use our services. Your continued use of our services constitutes acceptance of any modifications we make to these terms. We reserve the right to update, change, or replace any part of these Terms of Use at our sole discretion.

Eligibility and Account Registration

Our services are intended for individuals who are at least 18 years of age. By using our services, you represent and warrant that you are of legal age to form a binding contract with DailySynca and meet all eligibility requirements. If you are under 18 years of age, you may not use our services under any circumstances.

When you create an account with us, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions conducted through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to rights of another person or entity without authorization, or a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration or cancel an account at our discretion.

Services Description

DailySynca provides wellness guidance, personalized rhythm plans, educational content, and related services focused on optimizing daily patterns of movement, nutrition, and rest. Our services are designed to help you understand and work with your body's natural circadian rhythms to enhance overall wellbeing.

The services we offer include but are not limited to:

  • Personalized wellness assessments and rhythm profile analysis
  • Customized daily rhythm plans with movement, nutrition, and rest recommendations
  • One-on-one consultations with wellness specialists
  • Educational content, guides, and resources on circadian wellness
  • Progress tracking and ongoing plan adjustments
  • Email and phone support depending on subscription level

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We will make reasonable efforts to notify active subscribers of significant changes that affect their purchased plans.

Subscription Plans and Pricing

Our rhythm plans are offered on a subscription basis with recurring monthly billing. The specific features, services, and pricing for each plan level are detailed on our Rhythm Plans page. All prices are stated in New Zealand Dollars and are subject to change with reasonable notice to existing subscribers.

When you purchase a subscription, you authorize us to charge your designated payment method on a recurring basis according to the billing cycle of your selected plan. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Subscription fees are non-refundable except as required by law or as stated in our Return Policy.

We reserve the right to modify our pricing structure at any time. Price changes for existing subscriptions will be communicated at least 30 days in advance and will take effect at your next renewal date. Your continued use of the service after the price change takes effect constitutes your agreement to pay the modified amount.

Failure to pay subscription fees may result in suspension or termination of your account and access to services. You are responsible for ensuring your payment information remains current and valid.

Cancellation and Termination

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period, and you will retain access to your subscription benefits until that time. No refunds will be provided for partial subscription periods unless required by applicable law.

We reserve the right to suspend or terminate your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

  • Breach of these Terms of Use
  • Provision of false, inaccurate, or misleading information
  • Engagement in fraudulent or illegal activities
  • Abuse of our services or staff
  • Failure to pay fees when due
  • Violation of any applicable laws or regulations

Upon termination, your right to use the services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User Conduct and Responsibilities

As a user of our services, you agree to comply with all applicable laws and regulations and to use our services only for lawful purposes. You agree not to:

  • Use our services in any way that violates any applicable national, federal, state, or local law or regulation
  • Impersonate or attempt to impersonate DailySynca, our employees, another user, or any other person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the services, or which may harm DailySynca or users of the services
  • Use any robot, spider, or other automatic device, process, or means to access the services for any purpose, including monitoring or copying any material
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to any portion of the services, other accounts, computer systems, or networks connected to the services
  • Use the services to transmit any advertising or promotional material without our prior written consent
  • Copy, modify, distribute, sell, or lease any part of our services, or reverse engineer or attempt to extract source code from our software
  • Share your account credentials or allow others to use your account

Intellectual Property Rights

The services and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement, are owned by DailySynca, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our services, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use

The DailySynca name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DailySynca or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the services are the trademarks of their respective owners.

User Content and Feedback

Our services may allow you to submit, upload, or otherwise make available content including health information, questionnaire responses, feedback, reviews, and communications with our team. You retain ownership of any intellectual property rights that you hold in content you submit to us.

By submitting content, you grant DailySynca a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display such content in connection with providing and improving our services. This license continues even if you stop using our services, but only for content that does not contain personal health information.

You represent and warrant that you own or have the necessary rights to submit the content and that the content does not violate any laws or infringe any third-party rights. You are solely responsible for the content you submit and the consequences of sharing it.

We reserve the right to remove or refuse to display any content that we believe violates these terms or is otherwise objectionable. However, we are not obligated to monitor user content and assume no responsibility for monitoring or policing content.

Health and Wellness Disclaimer

The information, recommendations, and services provided by DailySynca are for educational and informational purposes only and are not intended as a substitute for professional advice. Our wellness guidance should not be considered a substitute for consultation with qualified healthcare professionals or as recommendations for specific actions.

You acknowledge and agree that:

  • DailySynca does not provide services that diagnose, prevent, or address medical conditions
  • Our wellness specialists are not licensed healthcare providers and do not offer clinical services
  • You should consult with a qualified healthcare professional before making significant changes to your exercise, nutrition, or lifestyle habits, especially if you have pre-existing health conditions
  • Results from our rhythm plans may vary significantly between individuals
  • You participate in our programs at your own risk and are responsible for your own health and safety
  • We make no guarantees about specific outcomes or improvements in wellness

If you experience any adverse reactions or symptoms while following our recommendations, discontinue the program immediately and consult a healthcare professional. Always listen to your body and use common sense when implementing wellness strategies.

Disclaimers and Limitation of Liability

The services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DailySynca disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

DailySynca does not warrant that the services will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; that the services are free of viruses or other harmful components; or that the results of using the services will meet your requirements.

To the fullest extent provided by law, in no event will DailySynca, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort including negligence, breach of contract, or otherwise, even if foreseeable.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law. In no event shall our total liability to you for all damages exceed the amount paid by you to DailySynca in the twelve months preceding the event giving rise to the liability.

Indemnification

You agree to defend, indemnify, and hold harmless DailySynca and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to:

  • Your violation of these Terms of Use
  • Your use of the services in violation of applicable laws
  • Your violation of any third-party rights
  • Any content you submit or transmit through the services
  • Any harm to your health or wellbeing that you claim resulted from using our services

Governing Law and Dispute Resolution

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the services shall be instituted exclusively in the courts of New Zealand, and you waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Before filing any formal legal action, you agree to first contact us and attempt to resolve the dispute informally by sending written notice of the dispute. We will attempt to resolve the dispute informally by contacting you. If we are unable to resolve the dispute within 60 days, either party may pursue formal proceedings.

Arbitration Agreement

For disputes that cannot be resolved informally, both parties agree to resolve any claims relating to these Terms or the services through final and binding arbitration, except that you may assert claims in small claims court if they qualify. The arbitration shall be conducted by a single arbitrator in accordance with the Arbitration Act 1996 of New Zealand.

You and DailySynca agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor DailySynca may act as a class representative or participate as a member of a class of claimants in any proceeding.

Severability and Waiver

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver by DailySynca of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use, our Privacy Policy, and any additional terms to which you agree when using particular elements of our services constitute the sole and entire agreement between you and DailySynca regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the services.

Third-Party Services

Our services may contain links to third-party websites, applications, or services that are not owned or controlled by DailySynca. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that DailySynca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

Assignment

You may not assign or transfer these Terms of Use or your rights and obligations under them, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms at any time without restriction and without notice to you.

Force Majeure

DailySynca shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Contact Information

If you have any questions about these Terms of Use, please contact us:

DailySynca

261 Morrin Road, St Johns, Auckland 1071, New Zealand

Phone: +64273631784

Email: feedback@ghogxireax.world

Acknowledgment

By using our services, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. If you do not agree to these terms, you must not access or use the services.

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