Terms of Service

Effective date: September 2, 2026

Version: 1.0.0

These Terms of Service (“Terms”) are an agreement between you and Sebastian Salas-Vaca (“we”, “us”) governing your use of the DaysWork mobile application (“DaysWork” or the “App”). Please read them carefully.

1. Acceptance of these Terms

By tapping “Continue” on this screen, and by using DaysWork, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

If you are using DaysWork on behalf of someone else, you confirm you are authorised to accept these Terms for them.

2. Who may use DaysWork

You must be at least 13 years old to use DaysWork. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or have the consent of a parent or legal guardian.

If you are under the age of majority where you live, you may use DaysWork only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms.

3. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use DaysWork on devices you own or control, for your own personal, non-commercial use.

You agree not to:

• copy, modify, translate, or create derivative works of the App
• reverse engineer, decompile, or disassemble the App, except where that restriction is prohibited by applicable law
• rent, lease, lend, sell, sublicense, or redistribute the App
• remove or obscure any copyright, trademark, or other proprietary notices
• use the App to break any law, or in any way that could damage or disable it

We and our licensors retain all rights in the App that are not expressly granted to you. This includes the third-party pose-detection components described in Section 12.

4. Health and safety — please read this section

DaysWork is a repetition counter, not a medical device. It is not a doctor, physical therapist, personal trainer, or healthcare provider, and it does not provide medical advice, diagnosis, or treatment. Nothing in the App should be treated as medical or professional advice, and nothing in it is a substitute for consulting a qualified professional.

Exercise carries risk of injury or death. Before beginning any exercise programme, and especially if you are pregnant, have a heart condition, high blood pressure, a musculoskeletal injury, or any other medical condition, or if you are taking medication, consult a physician.

By using DaysWork you acknowledge and agree that:

• you exercise entirely at your own risk
• you are solely responsible for judging whether an exercise is safe and appropriate for you, and for using correct form
• you will stop immediately if you feel pain, dizziness, faintness, shortness of breath, or any other symptom of distress, and seek medical attention
• you are solely responsible for your physical surroundings, including clear floor space, stable footing, adequate ceiling height, and the condition of any surface or equipment you use
• you will position your device so that it cannot fall on you, and so that reaching for it does not place you at risk
• DaysWork does not evaluate whether your form is safe, and never tells you that an exercise is safe for you to perform

Do not use DaysWork while driving, or in any situation where being distracted could cause harm.

5. Accuracy of tracking

DaysWork estimates body position from your device’s camera using a statistical model. This process is inherently approximate and can be affected by lighting, clothing, background, camera angle, distance, occlusion, the presence of other people or pets in frame, and your device’s hardware.

Rep counts may be inaccurate in either direction. DaysWork may miss repetitions you performed, count repetitions you did not perform, fail to detect you at all, or fail to recognise that you are in position to begin. Counts, history, and progress figures are provided for general interest only. Do not rely on them for medical, clinical, competitive, diagnostic, employment, academic, or any other consequential purpose.

6. Camera use and other people

DaysWork requires access to your device’s camera in order to work. As described in the Privacy Policy, camera frames are analysed on your device in real time and immediately discarded; DaysWork does not record, save, or transmit photos or video.

You are responsible for what your camera is pointed at. In particular, you agree that you will not use the App in a way that captures other people without their knowledge and consent, and you will not use it in places where recording or camera use is prohibited or where others have a reasonable expectation of privacy.

7. Content you enter

The only text you can enter into DaysWork is the name you give a saved workout. You are responsible for that text. Do not enter anything unlawful, infringing, or abusive, and do not enter personal information — a workout name is stored on your device in plain form and may be visible to anyone who can see your screen or use your device.

8. The App is provided “as is”

To the fullest extent permitted by applicable law, DaysWork is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement.

We do not warrant that the App will be uninterrupted, timely, secure, error-free, or compatible with your device, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits any rights you have as a consumer that cannot be limited by law.

9. Limitation of liability

To the fullest extent permitted by applicable law, and except where excluding liability is prohibited by law:

• we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses
• we are not liable for any personal injury, illness, aggravation of an existing condition, disability, or death arising out of or connected with exercise you perform while using, in reliance on, or as a result of DaysWork, including where a rep count, position check, or other output of the App was inaccurate
• our total aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of the amount you paid us for the App in the twelve months before the claim, or ten US dollars ($10)

These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

We do not exclude or limit liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

10. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Sebastian Salas-Vaca from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of the rights of another person, including anyone whose image your camera captures.

11. Changes to these Terms

We may update these Terms. When we make a material change, we will increase the version number of this document, and DaysWork will present the updated Terms to you and ask you to accept them again before you continue using the App.

Your acceptance of a particular version is recorded on your device, along with the date you accepted it. You can review the current documents and your acceptance record at any time from the Legal screen in the App.

12. Third-party components

DaysWork uses Google’s MediaPipe Tasks Vision library and a bundled BlazePose pose-detection model to analyse camera frames on your device. These components are used under their respective licences. They run locally on your device; the App does not send data to Google or to any other party.

13. Termination

These Terms apply until terminated. You may terminate them at any time by ceasing to use DaysWork and deleting it from your device. Deleting the App deletes the data it stored on your device, including your acceptance record.

We may suspend or terminate your licence if you materially breach these Terms. Sections 4, 5, 8, 9, 10, and 14 survive termination.

14. Governing law and disputes

These Terms are governed by the laws of Tennessee, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the courts located in Tennessee for any dispute that is not subject to mandatory arbitration or small-claims jurisdiction.

If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law grants you the protection of your local courts and mandatory local consumer law, nothing in this section deprives you of that protection.

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding DaysWork. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Apple App Store

If you obtained DaysWork from the Apple App Store, you acknowledge that these Terms are between you and Sebastian Salas-Vaca only, and not with Apple; that Apple has no obligation to provide maintenance or support for the App; that in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and that to the maximum extent permitted by law Apple has no other warranty obligation whatsoever with respect to the App; that Apple is not responsible for addressing any claim by you or a third party relating to the App; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Contact

Questions about these Terms: daysworksupport@gmail.com