Last updated: October 21, 2026
These Terms of Use ("Terms") are the agreement between you and Daylark for the Daylark app (the "Service"). The sign-in screen links to them, and you accept them when you sign in to Daylark for the first time. They stay at this address, so you can read, save or print them at any time. You must be at least 18 years old to create a Daylark account. If you do not agree to these Terms, do not create an account.
Daylark is a personal activity-logging tool that helps parents and caregivers record and share a young child's daily activities — feeding, sleep, diaper changes, pumping, leisure, growth measurements and health entries such as medications, temperatures and vaccinations — with other caregivers in real time. Daylark is not a medical device and does not provide medical advice, diagnosis, or treatment. It is a record-keeping and communication tool, not a clinical or diagnostic one.
Daylark is a record-keeping tool for caregivers: it records, stores, adds up, displays and shares what they enter about a child's day, and it does not interpret an entry, diagnose, monitor or predict any condition, raise an alert on any reading, or give medical advice.
You are responsible for keeping your account credentials confidential, and for activity under your account that you carry out or allow, or that happens because you did not keep your credentials confidential. Notify us promptly at legal@daylark.net if you suspect unauthorized use of your account.
You agree not to:
You retain ownership of the activity logs, notes, and other content you enter into Daylark ("User Content"). You grant Daylark a limited, non-exclusive license to host, store, process, and transmit your User Content solely as necessary to operate and provide the Service to you and the co-caregivers you invite.
Section 4 sets out the rules for User Content. The app also checks what you type: it limits a note in the entry editor to 500 characters, a child's name to 50 characters, and a family name or your display name to 30 characters, and it accepts only numbers, times and dates that it can record. We do not monitor, review, rank or filter User Content on our own initiative beyond these checks, and no automated tool does. We remove or disable access to a specific item of User Content when a court or public authority orders it, or when a notice under the next paragraph shows that it is illegal or that it breaks section 4. A person, not an automated tool, takes that decision.
Reporting illegal content. Anyone, whether or not they use Daylark, can tell us about content in Daylark that they consider illegal, or that breaks section 4, by emailing legal@daylark.net. To let us find and assess it, your notice should give: why you consider the content illegal or in breach of section 4; where it is, for example the family name, the date and time of the entry, and whether it is a note, a name or an entry; your name and email address, which you may leave out if the notice concerns the sexual abuse or sexual exploitation of a child, child sexual abuse material, or the solicitation of a child for sexual purposes; and a statement that you believe in good faith that the notice is accurate and complete. If you give an email address, we confirm that we received the notice without undue delay. We decide on it in a timely, careful and objective way, and we tell you our decision and how to challenge it.
Basic activity logging is free. A paid subscription is required only to invite and sync with a co-caregiver ("partner sync").
Subscriptions auto-renew until cancelled at least 24 hours before the period ends. Manage or cancel anytime in your App Store / Play Store account settings.
Where offered, a free trial applies for the length shown on the paywall screen at the time you select a plan; you can cancel before the trial ends to avoid being charged.
We email the account that bought a subscription when the subscription or its free trial starts, after each renewal of the Monthly plan, and twice before each renewal of the Annual plan: about five weeks and about two weeks before it. Each email gives the renewal date, the price and how often it is charged (or, before we know the price in your currency, where your store shows it), the time by which to cancel so you are not charged again, and a direct link to cancel in the App Store or Google Play. To stop a renewal or the charge after a free trial, cancel at least 24 hours before the trial or the current period ends.
If you live in the European Union, you buy a subscription from the store you use, not from Daylark: the seller is Apple Distribution International Ltd when you buy on the App Store and Google Commerce Limited when you buy on Google Play. Each sells in its own name on Daylark's behalf, and Daylark provides partner sync.
All purchases are billed and processed by Apple or Google, and a refund you ask the store for is handled under Apple's or Google Play's refund policy.
Whatever the store's policy says, we also refund you ourselves the part of the price that covers the unused period in each of these cases, as the section named describes: when we discontinue the Service (section 9); when you end the contract over a change to the Service (section 9); when we end your access (section 10); and when you end the contract over changed Terms (section 15). On Google Play we refund through Google Play. On the App Store only Apple can issue a refund, so we pay the amount by bank transfer to an account you name, less any amount Apple has refunded you for the same period.
If you live in the European Union, you have a right of withdrawal: you can withdraw from a subscription within 14 days of buying it, without giving any reason. You exercise it with the seller named in section 6, under its terms, which say how to withdraw and how you are reimbursed: Apple's Media Services Terms and Conditions for your country (for example, the version for Ireland) and the Google Play Terms of Service. You can also start a withdrawal in the app, under Settings → Subscription → Withdraw from contract here: once you confirm, the app opens that seller's withdrawal page.
When you buy in the app, it first asks you to tick a box to ask for partner sync to start right away, and to confirm that you understand you lose the right of withdrawal once the subscription has been fully provided. If you withdraw after that, the seller may charge you for the part of the subscription already provided. Daylark does not ask you to waive the right of withdrawal.
If you live in Australia or acquire the Service there, Apple sells a subscription on the App Store as our agent, and on Google Play we are the seller, so we are the supplier of the subscription. Whatever the store's refund policy says, you can claim from us, at legal@daylark.net, the remedies that the Australian Consumer Law gives you, described in section 12.
If you live in New Zealand or acquire the Service there, Apple sells a subscription on the App Store as our agent, and on Google Play we are the seller, so we are the supplier of the subscription. Whatever the store's refund policy says, you can claim from us, at legal@daylark.net, the remedies that the Consumer Guarantees Act 1993 gives you, described in section 12.
The Daylark name, logo, app design, and underlying software are owned by Daylark or its licensors and are protected by intellectual property laws. Except for the limited right to use the Service as intended, these Terms do not grant you any rights to Daylark's trademarks, branding, or software.
The Service is provided "as is" and "as available," without any uptime guarantee or service-level commitment. This does not take away the rights the law gives you if the Service does not conform to the contract, or the guarantees of the Australian Consumer Law or of New Zealand's Consumer Guarantees Act 1993 (see section 12).
We may change the Service while it runs, including by removing a feature, only to comply with the law or with Apple's or Google's rules, to keep the Service secure, to fix a fault, or to add or improve a feature. A change costs you nothing extra, and we tell you about it clearly. If a change makes it more than slightly harder for you to reach or use the Service, we tell you by email at least 30 days before it takes effect, and you can end the contract free of charge within 30 days of the change or of our email, whichever is later, in the way section 15 describes. If you do, we refund, on request to legal@daylark.net, the part of the price that covers the unused period.
We may interrupt the Service for short periods to maintain it, keep it secure or fix a fault. An interruption does not take away the rights the law gives you if the Service does not conform to the contract, or the guarantees of the Australian Consumer Law or of New Zealand's Consumer Guarantees Act 1993.
Discontinuing the Service. We may discontinue the Service permanently, for every user at once, only if we stop operating the business that provides it, if running it no longer covers its costs, or if the law, a decision of a court or regulator, or Apple's or Google's rules stop us from providing it. We tell you by email at least 30 days before the Service closes. Until it closes, you can take a copy of your data, in the app under Settings → Account & data → Export my data, or by emailing privacy@daylark.net. When we send that email, we stop selling subscriptions and stop every renewal in the App Store and Google Play, so you are not charged again. We refund the part of the price you paid that covers the period after the Service closes. On Google Play we refund it through Google Play, without your having to ask. On the App Store, where only Apple can issue a refund, we pay it by bank transfer, on request to legal@daylark.net, to an account you name, less any amount Apple has refunded you for the same period; you can ask for it after the Service has closed as well as before. Discontinuing the Service does not take away the rights and guarantees named in the first paragraph of this section.
You may stop using the Service and delete your account at any time from Settings → Account & data → Delete account.
We may end your access to the Service only for a serious or repeated breach of section 4, if you do not meet the age requirement in section 1, when we discontinue the Service under section 9, after you end the contract under section 9 or 15, or where the law requires us to. Before we do, we tell you by email why, and for a breach of section 4 we give you at least 14 days to put it right. Where the breach is unlawful or harms another person, we may suspend your access at once and tell you why by email. Ending your access does not cancel a subscription in the App Store or Google Play, so our email tells you to cancel it there, and we refund, on request to legal@daylark.net, the part of the price that covers any period after your access ended. Ending your access does not take away your right to a copy of your data, described in the Privacy Policy. If you end the contract under section 9 or 15, we end your access by deleting your account as section 15 describes, and we refund the unused period that section 15 describes rather than the period after your access ended.
Whenever, because we consider your User Content illegal or contrary to these Terms, we remove or disable access to it, or suspend or end your access, our email says what we did, where it applies and for how long; the facts behind it, including whether it followed a notice from someone else; the law or the section of these Terms we relied on and why; and how to challenge it. To challenge it, reply to that email: we review the decision again, without an automated tool, and tell you the outcome. You can also use the routes in section 14.
Daylark does not provide medical advice. Nothing in the Service is a substitute for professional medical judgment, and you should not rely on Daylark for any medical or health-related decision about your child. Always ask a doctor or other qualified healthcare professional for medical advice, diagnosis or treatment, and before making a medical decision about your child.
Daylark is not intended for use in a medical emergency. If you believe your child is experiencing a medical emergency, contact your local emergency services immediately or seek immediate medical attention. Do not rely on Daylark to monitor your child's safety in real time.
To the maximum extent permitted by applicable law, Daylark's total liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid for a Daylark subscription in the 12 months preceding the claim, or (b) US$50.
This limitation does not apply to you if you use Daylark as a consumer, that is, for purposes outside your trade, business or profession, or as a sole trader for whom this contract has no professional character. Daylark is then liable to you as the law that applies to your contract provides.
This limitation does not apply to, and nothing in these Terms limits, Daylark's liability for gross negligence, willful misconduct, or any liability that cannot be limited or excluded under applicable law (including statutory consumer-protection rights available to you in your country or state of residence). For a consumer, these include:
If you live in Australia or acquire the Service there. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
The limitation in the first paragraph of this section does not apply to you, whether or not you use Daylark as a consumer, and nothing in these Terms excludes, restricts or modifies those guarantees or your other rights under the Australian Consumer Law. If you use Daylark on iOS, Apple's Standard End User License Agreement, named at the top of these Terms, also applies. Where it and these Terms differ, these Terms apply between you and us, and we do not rely against you on any of its terms, including its limits of liability, its disclaimer of warranties, its terms on changing, suspending or ending the Service or the licence, and its choice of law and courts, to the extent that they would give us more than these Terms do or would exclude, restrict or modify those guarantees or those rights. To make a claim, email legal@daylark.net. These Terms do not give a warranty against defects in addition to those guarantees.
If you live in New Zealand or acquire the Service there. The Consumer Guarantees Act 1993 gives you guarantees that cannot be excluded: among them, that the Service will be carried out with reasonable care and skill and will be reasonably fit for any particular purpose you make known to us, and that the app is of acceptable quality. If the Service or the app fails a guarantee, you have the remedies that Act gives you against us. Among them, depending on the failure: to have it remedied within a reasonable time; to have it remedied elsewhere at our cost if we do not; for the Service, to cancel the contract and get a refund, or compensation for its reduced value; for the app, to reject it and choose a refund or a replacement of the same type and similar value, or compensation for its reduced value; and compensation for any other reasonably foreseeable loss or damage the failure causes.
The limitation in the first paragraph of this section does not apply to you, whether or not you use Daylark as a consumer, and nothing in these Terms excludes, restricts or modifies your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If you use Daylark on iOS, where Apple's Standard End User License Agreement and these Terms differ, these Terms apply between you and us, and we do not rely against you on any of its terms, including its limits of liability, its limit of our liability under the Consumer Guarantees Act 1993 to supplying the services again or paying for that, its disclaimer of warranties, its terms on changing, suspending or ending the Service or the licence, and its choice of law and courts, to the extent that they would give us more than these Terms do or would exclude, restrict or modify those rights. To make a claim, email legal@daylark.net.
If you do not use Daylark as a consumer, as section 12 defines it, and you neither live in Australia or New Zealand nor acquire the Service in either, you agree to indemnify and hold Daylark harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your violation of these Terms or your misuse of the Service.
If you use Daylark as a consumer, or you live in Australia or New Zealand or acquire the Service in either, you do not give that indemnity. You are liable to Daylark only as the law provides: for damage you cause through your fault by breaching these Terms, to the extent it is a normal consequence of that breach, and never for damage Daylark causes.
Daylark is operated by Aliaksei Smaliuk, a sole trader (jednoosobowa działalność gospodarcza) registered in the Polish CEIDG register, with a postal address at ul. Floriańska 6 lok. 02, 03-707 Warszawa, Poland (NIP 5252935595, REGON 523936171).
These Terms are governed by the laws of Poland. If you use Daylark as a consumer, this choice does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside: those provisions apply to you alongside Polish law. If you live in Australia or acquire the Service there, the Australian Consumer Law applies to your contract with us despite this choice of law and despite the choice of law and courts in Apple's Standard End User License Agreement (section 12). If you live in New Zealand or acquire the Service there, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply to your contract with us despite this choice of law and despite the choice of law and courts in Apple's Standard End User License Agreement (section 12).
If you use Daylark as a consumer, you may bring proceedings against us in the courts for the place where you are domiciled, or in the Polish courts that the law makes competent. We may bring proceedings against you only in the courts of the country where you are domiciled, and there only in the court that the law makes competent. Nothing in this section limits any right that the law of the country where you live gives you to bring proceedings in its courts.
Out-of-court dispute resolution. If you use Daylark as a consumer and a complaint you send to legal@daylark.net does not resolve a dispute, you may ask the out-of-court consumer dispute resolution body competent for us to deal with it: the Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie (the Trade Inspection for the Mazowieckie Voivodeship), ul. Sienkiewicza 3, 00-015 Warszawa, Poland, www.wiih.org.pl. We agree to take part in proceedings before it. It charges no fee, conducts its proceedings in Polish, and its outcome is not binding. The European Commission lists the consumer dispute resolution bodies of every EU member state at consumer-redress.ec.europa.eu/dispute-resolution-bodies.
We may change these Terms only for one of these reasons: a change in the law or in a court's or regulator's decision that applies to us, a change in Apple's or Google's rules, a change to the Service made under section 9, keeping the Service secure, or correcting an error or an unclear wording. The "Last updated" date at the top of this page always reflects the most recent version.
We send you the changed Terms by email at least 30 days before they take effect. If you do not agree to them, you can end the contract free of charge before they take effect by telling us so by email at legal@daylark.net. Ending the contract does not cancel a subscription in the App Store or Google Play, so cancel it there as section 6 describes; we refund, on request to the same address, the part of the price that covers the unused period. You can take a copy of your data and delete your account as the Privacy Policy describes. If you do not end the contract before then, the changed Terms apply to you from the date they take effect.
If you end the contract under this section or section 9 and do not delete your account yourself, we email you that your account will be deleted and that until then you can take a copy of your data. 30 days after we receive your email ending the contract, we start the same deletion as when you delete your account yourself, described in the Privacy Policy: your account and its data are deleted 14 days later, and if you own your family, the whole family is deleted with it, including what its other members recorded. Until it is deleted, your account keeps working, so that you and the other members of your family can still take a copy of your data. The unused period we refund for this exit is counted from the day we receive your email ending the contract, not from the day your account is deleted.
Questions about these Terms? Email us at legal@daylark.net.
The same address is our single point of contact under Articles 11 and 12 of the EU Digital Services Act, both for you and for the authorities of the EU member states, the European Commission and the European Board for Digital Services. A person, not an automated tool, reads and answers it, in English or Polish. If you prefer to write by post, use the postal address in section 14.